(25 ILCS 50/0.01) (from Ch. 63, par. 42.30)
Sec. 0.01.
Short title.
This Act may be cited as the
Fiscal Note Act.
(Source: P.A. 86-1324.)
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(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
Governor's Office of Management and Budget specifying by year any principal and interest payments required
to finance such capital expenditures.
If a bill authorizes the issuance of bonds, a statement or note shall be prepared by the Governor's Office of Management and Budget specifying the estimated total principal and interest payments (assuming interest is paid at a fixed rate) if all of the bonds authorized were issued. The statement or note shall include the total principal on all other then-outstanding Bonds of the State.
These statements or notes shall be known as "fiscal notes".
(Source: P.A. 92-567, eff. 1-1-03; 93-839, eff. 7-30-04.)
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(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 Economic Opportunity. 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. 94-793, eff. 5-19-06.)
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(25 ILCS 50/3) (from Ch. 63, par. 42.33)
Sec. 3.
Whenever the sponsor of any measure is of the opinion that no
fiscal note is necessary, any member of either house may thereafter request
that a note be obtained, and in such case the matter shall be decided by
majority vote of those present and voting in the house of which he is a
member.
(Source: Laws 1965, p. 858.)
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(25 ILCS 50/4) (from Ch. 63, par. 42.34)
Sec. 4.
The note shall be factual in nature, as brief and concise as may
be, and shall provide a reliable estimate in dollars 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 estimate is possible, the
note shall contain a statement to that effect, setting forth the reasons
why no dollar estimate can be given. A brief summary or work sheet of
computations used in arriving at fiscal note figures shall be included.
(Source: Laws 1965, p. 858.)
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(25 ILCS 50/5) (from Ch. 63, par. 42.35)
Sec. 5.
No comment or opinion shall be included in the fiscal note
with regard to the merits of the measure for which the fiscal note is
prepared; however, technical or mechanical defects may be noted. The
work sheet shall include, insofar as practicable, a breakdown of the
costs upon which any appropriation measure or measure which is expected
to cause an expenditure of State, local governmental, school district,
or community college district funds is based and the expectable direct or
indirect increase
or decrease in State, local governmental, school district, or community
college district revenues, as the case may be, including but not
necessarily limited to costs of personnel, materials and supplies and
capital outlay. It shall also include such other information as is
required by rules and regulations which may be promulgated by each house
of the General Assembly with respect to the preparation of fiscal notes.
The fiscal note shall be prepared in quintuplicate, and the name of the
State board, commission, department, agency, or other entity preparing
it shall appear at the end of the note and the original of both the work
sheet and the fiscal note shall be signed by the head of the board,
commission, department, agency, or other entity or by a responsible
representative designated by him for the purpose.
(Source: P.A. 88-535.)
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(25 ILCS 50/6) (from Ch. 63, par. 42.36)
Sec. 6.
The fact that a fiscal note is prepared for any bill shall not
preclude or restrict the appearance before any committee of the General
Assembly of any official or authorized employee of any State board,
commission, department, agency, or other entity who desires to be heard in
support of or in opposition to the measure.
(Source: Laws 1965, p. 858.)
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(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. 92-567, eff. 1-1-03.)
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(25 ILCS 50/8) (from Ch. 63, par. 42.38)
Sec. 8.
The subject matter of bills submitted to boards, commissions,
departments, agencies, or other entities for preparation of fiscal notes
shall be kept in strict confidence and no information relating thereto or
relating to the fiscal effect of any such measure shall be divulged by any
official or employee thereof prior to its introduction in the General
Assembly.
(Source: Laws 1965, p. 858.)
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(25 ILCS 50/9) (from Ch. 63, par. 42.39)
Sec. 9.
The provisions of this Act are severable and if any part or
provision hereof shall be void the decision of the court so holding
shall not affect or impair any of the remaining parts or provisions of
the Act.
(Source: Laws 1965, p. 858.)
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