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Public Act 92-0567
HB3119 Enrolled LRB9206078JMmb
AN ACT concerning fiscal notes.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fiscal Note Act is amended by changing
Sections 1, 2, and 7 as follows:
(25 ILCS 50/1) (from Ch. 63, par. 42.31)
Sec. 1. Every bill, except those bills making a direct
appropriation, (1) the purpose or effect of which is (i) to
expend any State funds or to increase or decrease the
revenues of the State, either directly or indirectly, or (ii)
to require the expenditure of their own funds by, or to
increase or decrease the revenues of, units of local
government, school districts or community college districts,
or to revise the distribution of State funds among units of
local government, school districts, or community college
districts, either directly or indirectly, or (2) that amends
the Mental Health and Developmental Disabilities Code or the
Developmental Disability and Mental Disability Services Act
shall have prepared for it prior to second reading in the
house of introduction a brief explanatory statement or note
which, for a bill under item (1), shall include a reliable
estimate of the anticipated change in State, local
governmental, school district, or community college district
expenditures or revenues under its provisions and, for a bill
under item (2), shall include a reliable estimate of the
fiscal impact of its provisions upon community agencies. For
purposes of this Act, indirect revenues include, but are not
limited to, increased tax revenues or other increased
revenues resulting from economic development, job creation,
or cost reduction. The statement or note shall also include
an explanation of the methodology used to determine the
estimated direct and indirect costs or estimated impact on
community agencies. Any notes for bills having a fiscal
impact on units of local government, school districts or
community college districts shall include such cost estimates
as may be required under the State Mandates Act.
If a bill authorizes capital expenditures or appropriates
funds for capital expenditures, a statement shall be prepared
by the Bureau of the Budget specifying by year any principal
and interest payments required to finance such capital
expenditures.
These statements or notes shall be known as "fiscal
notes".
(Source: P.A. 87-847; 88-535.)
(25 ILCS 50/2) (from Ch. 63, par. 42.32)
Sec. 2. The sponsor of each bill, referred to in Section
1, shall present a copy of the bill, with his request for a
fiscal note, to the board, commission, department, agency, or
other entity of the State which is to receive or expend the
appropriation proposed or which is responsible for collection
of the revenue proposed to be increased or decreased, or to
be levied or provided for. The sponsor of a bill that amends
the Mental Health and Developmental Disabilities Code or the
Developmental Disability and Mental Disability Services Act
shall present a copy of the bill, with his or her request for
a fiscal note, to the Department of Human Services. The
fiscal note shall be prepared by such board, commission,
department, agency, or other entity and furnished to the
sponsor of the bill within 5 calendar days thereafter; except
that whenever, because of the complexity of the measure,
additional time is required for preparation of the fiscal
note, the board, commission, department, agency, or other
entity may so inform the sponsor of the bill and he may
approve an extension of the time within which the note is to
be furnished, not to extend, however, beyond June 15,
following the date of the request. Whenever any measure for
which a fiscal note is required affects more than one State
board, commission, department, agency, or other entity, the
board, commission, department, agency, or other entity most
affected by its provisions according to the sponsor shall be
responsible for preparation of the fiscal note. Whenever any
measure for which a fiscal note is required does not affect a
specific board, commission, department, agency or other such
entity, or does not amend the Mental Health and Developmental
Disabilities Code or the Developmental Disability and Mental
Disability Services Act, the sponsor of the measure shall be
responsible for preparation of the fiscal note.
In the case of bills having a potential fiscal impact on
units of local government, the fiscal note shall be prepared
by the Department of Commerce and Community Affairs. In the
case of bills having a potential fiscal impact on school
districts, the fiscal note shall be prepared by the State
Superintendent of Education. In the case of bills having a
potential fiscal impact on community college districts, the
fiscal note shall be prepared by the Illinois Community
College Board.
(Source: P.A. 81-1562.)
(25 ILCS 50/7) (from Ch. 63, par. 42.37)
Sec. 7. Whenever any committee of either house reports
any bill with an amendment of such nature as will
substantially affect the costs to or the revenues of the
State, units of local government, school districts, or
community college districts, as stated in the fiscal note
attached to the measure at the time of its referral to the
committee, there shall be included with the report of the
committee a statement of the effect of the change proposed by
the amendment reported if desired by a majority of the
committee. In like manner, whenever any measure is amended on
the floor of either house in such manner as to substantially
affect the costs thereof or the revenues to be derived
thereunder as stated in the fiscal note attached to the
measure prior to such amendment, a majority of such house may
propose that no action shall be taken upon the amendment
until the sponsor of the amendment presents to the members a
statement of the fiscal effect of his proposed amendment.
Whenever an amendment to a bill, whether reported by a
committee of either house or proposed upon the floor of
either house, amends the Mental Health and Developmental
Disabilities Code or the Developmental Disability and Mental
Disability Services Act, no action shall be taken upon the
amendment until the sponsor of the amendment presents to the
members a statement prepared by the Department of Human
Services of the fiscal effect of his or her proposed
amendment upon community agencies.
(Source: P.A. 81-650.)
Passed in the General Assembly April 25, 2002.
Approved June 26, 2002.
Effective January 01, 2003.
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