HB3695 102ND GENERAL ASSEMBLY

LRB102 15940 CPF 21310 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3695

Introduced 2/22/2021, by Rep. Camille Y. Lilly

SYNOPSIS AS INTRODUCED:

New Act

Creates the Health and Wellness Impact Note Act. Requires the Department of Public Health to prepare health and wellness impact notes on bills introduced in the General Assembly.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Health and Wellness Impact Note Act.

Section 5. Applicability.

(a) Every bill, except those making a direct appropriation, the purpose or effect of which is to advance mental, physical, or social well being shall have prepared for it, before second reading in the chamber of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact.

(b) Every proposed rule of an agency, the purpose or effect of which is to advance mental, physical, or social well being shall have prepared for it, before approval by the Joint Committee on Administrative Rules pursuant to the Illinois Administrative Procedure Act, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact. As used in this Act, "rule" and "agency" have the same meanings as in the Illinois Administrative Procedure Act.

(c) These statements or notes shall be known as Health and Wellness Impact Notes.

Section 10. Preparation.

(a) The sponsor of each bill to which Section 5 applies, shall present a copy of the bill, with the request for a Health and Wellness Impact Note, to the Department of Public Health. The Health and Wellness Impact Note shall be prepared by the Department of Public Health and submitted to the sponsor of the bill within 5 calendar days, except that whenever, because of the complexity of the measure, additional time is required for the preparation of the Health and Wellness Impact Note, the Department of Public Health may inform the sponsor of the bill, and the sponsor may approve an extension of the time within which the note is to be submitted, not to extend, however, beyond May 15, following the date of the request.

(b) The agency proposing a rule to which Section 5 applies, shall present a copy of the proposed rule, with the request for a Health and Wellness Impact Note, to the Department of Public Health. The Health and Wellness Impact Note shall be prepared by the Department of Public Health and submitted to the agency within 5 calendar days, except that whenever, because of the complexity of the measure, additional time is required for the preparation of the Health and Wellness Impact Note, the Department of Public Health may inform the agency, and the agency may approve an extension of the time within which the note is to be submitted.

(c) If, in the opinion of the Department of Public Health, there is insufficient information to prepare a reliable estimate of the anticipated impact, a statement to that effect can be filed and shall meet the requirements of this Act.

Section 15. Vote on necessity of Health and Wellness Impact Notes. Whenever the sponsor of any bill is of the opinion that no Health and Wellness Impact Note is required, any member of either chamber may request that a note be obtained, and in that case the applicability of this Act shall be decided by the majority of those present and voting in the chamber of which the sponsor is a member.

Section 20. Requisites and contents. The note shall be factual in nature, as brief and concise as may be, and shall provide a reliable estimate in dollars or other relevant units if possible, and, in addition, it shall include both the immediate effect and, if determinable or reasonably foreseeable, the long range effect of the measure. If, after careful investigation, it is determined that no dollar or other relevant unit estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no such estimate can be given.

Section 25. Comment or opinion; technical or mechanical defects. No comment or opinion shall be included in the Health and Wellness Impact Note with regard to the merits of the measure for which the Health and Wellness Impact Note is prepared; however, technical or mechanical defects may be noted.

Section 30. Appearance of State officials and employees in support or opposition of measure. The fact that a Health and Wellness Impact Note is prepared for any bill or proposed rule shall not preclude or restrict the appearance before any committee of the General Assembly, or before the Joint Committee on Administrative Rules, of any official or authorized employee of the Department of Public Health who desires to be heard in support of or in opposition to the measure.

Section 35. Amendment of bill necessitating statement of fiscal effect of proposed amendment. Whenever any committee of either chamber reports any bill with an amendment that will substantially affect the information or conclusion stated in the Health and Wellness Impact 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. Whenever any bill is amended on the floor of either chamber to substantially affect the information or conclusion as stated in the Health and Wellness Impact Note attached to the bill before the amendment, a majority of the members of that chamber may propose that no action shall be taken on the amendment until the sponsor of the amendment presents to the members a statement of the impact on the advancement of mental, physical, or social well being of the proposed amendment.