Full Text of SB3088 96th General Assembly
SB3088 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3088
Introduced 2/8/2010, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
|
|
Creates the Human Services Budget and Impact Note Act. Requires the Department of Human Services and the Department of Healthcare and Family Services to prepare and file notes concerning a bill's impact. Requires the bill's sponsor to file a statement identifying a preferred means of funding the costs to be incurred because of the legislation. Contains provisions regarding committee appearances; amended bills; and confidentiality requirements.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB3088 |
|
LRB096 20288 KTG 35900 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 1. Short title. This Act may be cited as the Human | 5 |
| Services Budget and Impact Note Act. | 6 |
| Section 5. Budget impact note required. | 7 |
| (a) Every bill which creates a new program or service which | 8 |
| will be provided by the Department of Human Services, or which | 9 |
| expands the class of persons eligible for, or the level of | 10 |
| benefits provided by, any existing program or service provided | 11 |
| by the Department of Human Services, shall have prepared for it | 12 |
| prior to second reading in the house of introduction a brief | 13 |
| explanatory statement or note which shall include a reliable | 14 |
| estimate of the probable impact of such bill upon the overall | 15 |
| resident population of the Department of Human Services (if | 16 |
| any) and the probable impact which such bill will have upon the | 17 |
| Department's annual budget. | 18 |
| (b) Every bill which creates a new program or service which | 19 |
| will be provided by the Department of Healthcare and Family | 20 |
| Services, or which expands the class of persons eligible for, | 21 |
| or the level of benefits provided by, any existing program or | 22 |
| service provided by the Department of Healthcare and Family | 23 |
| Services, shall have prepared for it prior to second reading in |
|
|
|
SB3088 |
- 2 - |
LRB096 20288 KTG 35900 b |
|
| 1 |
| the house of introduction a brief explanatory statement or note | 2 |
| which shall include a reliable estimate of the probable impact | 3 |
| which such bill will have upon the Department's annual budget.
| 4 |
| Section 10. Preparation of note. | 5 |
| (a) Upon the filing of any bill described in subsection (a) | 6 |
| of Section 5, the Secretary of Human Services, or any person | 7 |
| within the Department of Human Services whom the Secretary may | 8 |
| designate, shall prepare a written statement setting forth the | 9 |
| information specified in subsection (a) of Section 5. Upon the | 10 |
| filing of any bill described in subsection (b) of Section 5, | 11 |
| the Director of Healthcare and Family Services, or any person | 12 |
| the Director may designate, shall prepare a written statement | 13 |
| setting forth the information specified in subsection (b) of | 14 |
| Section 5. | 15 |
|
The statement prepared by the Secretary of Human Services | 16 |
| or the Director of Healthcare and Family Services, as the case | 17 |
| may be, shall be designated a Human Services Budget and Impact | 18 |
| Note and shall be filed with the Clerk of the House or the | 19 |
| Secretary of the Senate, as appropriate, and furnished to the | 20 |
| sponsor within 10 calendar days thereafter, except that | 21 |
| whenever, because of the complexity of the bill, additional | 22 |
| time is required for the preparation of the note, the | 23 |
| Department of Human Services or the Department of Healthcare | 24 |
| and Family Services may so notify the sponsor and request an | 25 |
| extension of time not to exceed 5 additional days within which |
|
|
|
SB3088 |
- 3 - |
LRB096 20288 KTG 35900 b |
|
| 1 |
| such note is to be furnished. Such extension shall not extend | 2 |
| beyond May 15 following the date of the request. | 3 |
| (b) Upon the filing of any bill requiring the preparation | 4 |
| of a written statement under subsection (a) of this Section, | 5 |
| the sponsor of the bill in the house of introduction shall | 6 |
| inform the Department of Human Services or the Department of | 7 |
| Healthcare and Family Services, as appropriate, of the filing | 8 |
| of the bill.
| 9 |
| Section 15. Preferred funding source. Within 5 days after | 10 |
| receiving the statement required in Section 10 and prior to | 11 |
| second reading in the house of introduction, the sponsor shall | 12 |
| file with the Clerk of the House or the Secretary of the | 13 |
| Senate, as appropriate, a written statement identifying the | 14 |
| sponsor's preferred means of funding the costs to be incurred | 15 |
| by the legislation. The required identification shall be made | 16 |
| by specifying either (i) the additional tax or other revenue | 17 |
| source from which an amount equal to the costs identified are | 18 |
| to be generated or (ii) the specific line item or items in the | 19 |
| budget for the current fiscal year that would be reduced or | 20 |
| eliminated to reach an amount equal to the costs identified. | 21 |
| Section 20. Contents of note. The note shall be factual in | 22 |
| nature, as brief and concise as may be, and shall provide as | 23 |
| reliable an estimate, in terms of population and dollar impact, | 24 |
| as is possible under the circumstances. The note shall include |
|
|
|
SB3088 |
- 4 - |
LRB096 20288 KTG 35900 b |
|
| 1 |
| both the immediate effect, and if determinable or reasonably | 2 |
| foreseeable, the long range effect of the measure. | 3 |
| If, after careful investigation, it is determined that no | 4 |
| population or dollar estimate is possible, the note shall | 5 |
| contain a statement to that effect, setting forth the reasons | 6 |
| why no such estimate can be given. A brief summary or work | 7 |
| sheet of computations used in arriving at the Budget and Impact | 8 |
| Note figures shall be supplied.
| 9 |
| Section 25. Note comments; worksheet. No comment or opinion | 10 |
| shall be included in the note with regard to the merits of the | 11 |
| measure for which the note is prepared; however, technical or | 12 |
| mechanical defects may be noted. | 13 |
|
The work sheet shall include, insofar as practicable, a | 14 |
| breakdown of the costs upon which the note is based. Such | 15 |
| breakdown shall include, but need not be limited to, costs of | 16 |
| personnel, room and board, and capital outlay. The note shall | 17 |
| also include such other information as is required by the rules | 18 |
| and regulations which may be promulgated by each house of the | 19 |
| General Assembly with respect to the preparation of such notes. | 20 |
|
The note shall be prepared in quintuplicate and the | 21 |
| original of both the note and the work sheet shall be signed by | 22 |
| the Secretary of Human Services, or such person as the | 23 |
| Secretary may designate, or by the Director of Healthcare and | 24 |
| Family Services, or such person as the Director may designate.
|
|
|
|
SB3088 |
- 5 - |
LRB096 20288 KTG 35900 b |
|
| 1 |
| Section 30. Committee appearance. The fact that a Human | 2 |
| Services Budget and Impact Note is prepared for any bill shall | 3 |
| not preclude or restrict the appearance before any committee of | 4 |
| the General Assembly, of any official or authorized employee of | 5 |
| any State board, commission, department, agency, or other | 6 |
| entity who desires to be heard in support of or in opposition | 7 |
| to the measure. | 8 |
| Section 35. Amendments; notes required. Whenever any | 9 |
| measure is amended on the floor of either house in such manner | 10 |
| as to bring it within the description of bills set forth in | 11 |
| Section 5, no action shall be taken upon the amendment until | 12 |
| the sponsor of the amendment presents to the members a | 13 |
| statement of the budget (if applicable) and population impact | 14 |
| of his or her amendment, together with a statement of the | 15 |
| sponsor's preferred funding sources under Section 15, as | 16 |
| required by this Act. | 17 |
| Section 40. Confidentiality before introduction. The | 18 |
| subject matter of bills submitted to the Secretary of Human | 19 |
| Services or the Director of Healthcare and Family Services | 20 |
| shall be kept in strict confidence and no information relating | 21 |
| thereto or relating to the budget or impact thereof shall be | 22 |
| divulged by an official or employee of the Department of Human | 23 |
| Services or the Department of Healthcare and Family Services, | 24 |
| except to the bill's sponsor or the sponsor's designee, prior |
|
|
|
SB3088 |
- 6 - |
LRB096 20288 KTG 35900 b |
|
| 1 |
| to the bill's introduction in the General Assembly.
|
|