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Full Text of SB0031  97th General Assembly

SB0031 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0031

 

Introduced 1/27/2011, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 50/1  from Ch. 63, par. 42.31
25 ILCS 50/1.5 new
25 ILCS 50/2  from Ch. 63, par. 42.32
25 ILCS 50/3  from Ch. 63, par. 42.33
25 ILCS 50/4  from Ch. 63, par. 42.34
25 ILCS 50/5  from Ch. 63, par. 42.35
25 ILCS 50/7  from Ch. 63, par. 42.37
25 ILCS 50/8  from Ch. 63, par. 42.38
25 ILCS 155/3  from Ch. 63, par. 343

    Amends the Fiscal Note Act. Provides that the Commission on Government Forecasting and Accountability shall prepare all fiscal notes (now, various boards, commissions, departments, agencies, and other entities). Provides that the Commission on Government Forecasting and Accountability shall perform the following functions: (i) prepare and issue guidelines and manuals concerning the preparation of fiscal notes; (ii) designate at least one staff member to answer questions concerning each fiscal note; (iii) ensure compliance with the provisions of the Act; and (iv) create, operate, and maintain a publicly accessible online fiscal note tracking database. Sets forth requirements concerning the content of fiscal notes. Makes conforming changes in the Commission on Government Forecasting and Accountability Act.


LRB097 02776 RLJ 42798 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0031LRB097 02776 RLJ 42798 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fiscal Note Act is amended by changing
5Sections 1, 2, 3, 4, 5, 7, and 8 and by adding Section 1.5 as
6follows:
 
7    (25 ILCS 50/1)  (from Ch. 63, par. 42.31)
8    Sec. 1. Applicability.
9    (a) Every bill, except those bills making a direct
10appropriation, (1) the purpose or effect of which is (i) to
11expend any State funds or to increase or decrease the revenues
12of the State, either directly or indirectly, or (ii) to require
13the expenditure of their own funds by, or to increase or
14decrease the revenues of, units of local government, school
15districts or community college districts, or to revise the
16distribution of State funds among units of local government,
17school districts, or community college districts, either
18directly or indirectly, or (2) that amends the Mental Health
19and Developmental Disabilities Code or the Developmental
20Disability and Mental Disability Services Act shall have
21prepared for it prior to second reading in the house of
22introduction a brief explanatory statement or note which, for a
23bill under item (1), shall include a reliable estimate of the

 

 

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1anticipated change in State, local governmental, school
2district, or community college district expenditures or
3revenues under its provisions and, for a bill under item (2),
4shall include a reliable estimate of the fiscal impact of its
5provisions upon community agencies. For purposes of this Act,
6indirect revenues include, but are not limited to, increased
7tax revenues or other increased revenues resulting from
8economic development, job creation, or cost reduction. The
9statement or note shall also include an explanation of the
10methodology used to determine the estimated direct and indirect
11costs or estimated impact on community agencies as required
12under subsection (b) of Section 4. Any notes for bills having a
13fiscal impact on units of local government, school districts or
14community college districts shall include such cost estimates
15as may be required under the State Mandates Act.
16    If a bill authorizes capital expenditures or appropriates
17funds for capital expenditures, a statement shall be prepared
18by the Commission on Government Forecasting and Accountability
19Governor's Office of Management and Budget specifying by year
20any principal and interest payments required to finance such
21capital expenditures.
22    If a bill authorizes the issuance of bonds, a statement or
23note shall be prepared by the Commission on Government
24Forecasting and Accountability Governor's Office of Management
25and Budget specifying the estimated total principal and
26interest payments (assuming interest is paid at a fixed rate)

 

 

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1if all of the bonds authorized were issued. The statement or
2note shall include the total principal on all other
3then-outstanding Bonds of the State.
4    These statements or notes shall be known as "fiscal notes".
5    (b) The General Assembly may not vote on any bill described
6in subsection (a) that is on third reading until a fiscal note
7that meets the requirements set forth in this Act is attached
8to the bill.
9(Source: P.A. 92-567, eff. 1-1-03; 93-839, eff. 7-30-04.)
 
10    (25 ILCS 50/1.5 new)
11    Sec. 1.5. Guidelines for the preparation of notes; online
12database. The Commission on Government Forecasting and
13Accountability shall perform the following functions: (i)
14prepare fiscal notes; (ii) prepare and issue guidelines and
15manuals concerning the preparation of fiscal notes; (iii)
16designate at least one staff member to answer questions
17concerning each fiscal note; (iv) ensure compliance with the
18provisions of this Act; and (v) create, operate, and maintain a
19publicly accessible online fiscal note tracking database that
20includes all fiscal notes filed on or after the effective date
21of this amendatory Act of the 97th General Assembly. Within 12
22months after the effective date of this amendatory Act of the
2397th General Assembly, the fiscal note tracking database
24required by this paragraph must be searchable.
 

 

 

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1    (25 ILCS 50/2)  (from Ch. 63, par. 42.32)
2    Sec. 2. Preparation of note. On and after the effective
3date of this amendatory Act of the 97th General Assembly, the
4sponsor of each bill, referred to in subsection (a) of Section
51, shall present a copy of the bill, with his or her request
6for a fiscal note to the Commission on Government Forecasting
7and Accountability. The fiscal note shall be prepared by the
8Commission on Government Forecasting and Accountability and
9submitted to the sponsor of the bill within 5 calendar days
10thereafter; except that whenever, because of the complexity of
11the bill, additional time is required for preparation of the
12fiscal note, the Commission on Government Forecasting and
13Accountability may inform the sponsor of the bill and he or she
14may approve an extension of the time within which the note is
15to be submitted, not to extend, however, beyond May 15,
16following the date of the request. The Commission on Government
17Forecasting and Accountability may seek assistance from other
18State agencies if the Commission deems it necessary because of
19the complexity of the bill. A State agency must promptly
20respond to requests for assistance from the Commission on
21Government Forecasting and Accountability.
22The sponsor of each bill, referred to in Section 1, shall
23present a copy of the bill, with his request for a fiscal note,
24to the board, commission, department, agency, or other entity
25of the State which is to receive or expend the appropriation
26proposed or which is responsible for collection of the revenue

 

 

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1proposed to be increased or decreased, or to be levied or
2provided for. The sponsor of a bill that amends the Mental
3Health and Developmental Disabilities Code or the
4Developmental Disability and Mental Disability Services Act
5shall present a copy of the bill, with his or her request for a
6fiscal note, to the Department of Human Services. The fiscal
7note shall be prepared by such board, commission, department,
8agency, or other entity and furnished to the sponsor of the
9bill within 5 calendar days thereafter; except that whenever,
10because of the complexity of the measure, additional time is
11required for preparation of the fiscal note, the board,
12commission, department, agency, or other entity may so inform
13the sponsor of the bill and he may approve an extension of the
14time within which the note is to be furnished, not to extend,
15however, beyond June 15, following the date of the request.
16Whenever any measure for which a fiscal note is required
17affects more than one State board, commission, department,
18agency, or other entity, the board, commission, department,
19agency, or other entity most affected by its provisions
20according to the sponsor shall be responsible for preparation
21of the fiscal note. Whenever any measure for which a fiscal
22note is required does not affect a specific board, commission,
23department, agency or other such entity, or does not amend the
24Mental Health and Developmental Disabilities Code or the
25Developmental Disability and Mental Disability Services Act,
26the sponsor of the measure shall be responsible for preparation

 

 

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1of the fiscal note.
2    In the case of bills having a potential fiscal impact on
3units of local government, the fiscal note shall be prepared by
4the Department of Commerce and Economic Opportunity. In the
5case of bills having a potential fiscal impact on school
6districts, the fiscal note shall be prepared by the State
7Superintendent of Education. In the case of bills having a
8potential fiscal impact on community college districts, the
9fiscal note shall be prepared by the Illinois Community College
10Board.
11(Source: P.A. 94-793, eff. 5-19-06.)
 
12    (25 ILCS 50/3)  (from Ch. 63, par. 42.33)
13    Sec. 3. Vote on necessity of note. A fiscal note is
14required as set forth in Section 1, unless the sponsor is of
15the opinion that no fiscal note is necessary and those members
16in the house in which the sponsor is a member determine, by a
17record vote of three-fifths of the members elected, that no
18note is necessary. Whenever the sponsor of any measure is of
19the opinion that no fiscal note is necessary, any member of
20either house may thereafter request that a note be obtained,
21and in such case the matter shall be decided by majority vote
22of those present and voting in the house of which he is a
23member.
24(Source: Laws 1965, p. 858.)
 

 

 

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1    (25 ILCS 50/4)  (from Ch. 63, par. 42.34)
2    Sec. 4. Note contents.
3    (a) The note shall be factual in nature, as brief and
4concise as may be, and shall provide a reliable estimate in
5dollars and, in addition, it shall include both the immediate
6effect and, if determinable or reasonably foreseeable, a
7minimum 5-year forecast of the long range effect of the
8measure. The note shall also include a determination as to
9whether the fiscal impact of the measure will extend beyond the
10initial 5-year forecast period. If, after careful
11investigation, it is determined that no dollar estimate is
12possible, the note shall contain a statement to that effect,
13setting forth the reasons why no dollar estimate can be given.
14A brief summary or work sheet of computations used in arriving
15at fiscal note figures shall be included.
16    (b) The fiscal note must also include the following:
17        (1) A detailed explanation of the method used to
18    produce the direct and indirect cost estimates required
19    under this Act and the reason for using that particular
20    method to determine the cost estimates. The explanation
21    must include a description of the following: (i) the
22    assumptions used to determine the cost estimates and (ii)
23    the alternative methods that could have been used to
24    determine the cost estimates, especially methods that
25    would have produced different estimates than the selected
26    method.

 

 

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1        (2) An estimate of the fiscal impact on private
2    enterprises and non-governmental entities operating within
3    the State and on the citizens of this State and the methods
4    used and assumptions made by the Commission on Government
5    Forecasting and Accountability to determine the estimated
6    impact.
7        (3) An estimate of the number and cost, including the
8    amount of salary and benefits, of all of the full-time
9    equivalent positions that will be needed to meet the
10    requirements of any new or expanded duty of a State agency.
11        (4) An estimate of the number and cost, including the
12    amount of salary and benefits, of all of the full-time
13    equivalent positions that will be eliminated by the
14    modification or termination of any State program.
15        (5) A reference and source provision that sets forth
16    the following information: (i) the name of any staff member
17    of the Commission on Government Forecasting and
18    Accountability and any entity or person that supplied
19    information used to produce the fiscal note and (ii) the
20    name and contact information of the person designated by
21    the Commission on Government Forecasting and
22    Accountability to answer questions concerning the fiscal
23    note. If the designated contact person for the fiscal note
24    changes, then the information for the new contact person
25    shall be added to the note by a fiscal note amendment.
26    (c) The fiscal note shall be requested by the sponsor of

 

 

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1the bill at the time of its initial referral to a substantive
2committee by the Committee on Assignments in the Senate or the
3Rules Committee in the House of Representatives, as applicable.
4Prior to any action by the substantive committee on the bill, a
5copy of the completed fiscal note must be distributed to each
6member of the substantive committee. If the bill is amended by
7a committee so as to alter its fiscal implications, then the
8sponsor of the bill shall request and receive an updated fiscal
9note from the Commission on Government Forecasting and
10Accountability. As soon as practical, the updated fiscal note
11shall be attached to the bill. However, no floor action may be
12taken in either chamber of the General Assembly until the
13updated fiscal note is attached to the bill.
14    (d) All fiscal notes shall remain with the bill throughout
15the duration of the General Assembly in which the bill is
16introduced. Whenever a bill is presented to the Governor, any
17fiscal note associated with that bill must also be submitted to
18the Governor.
19(Source: Laws 1965, p. 858.)
 
20    (25 ILCS 50/5)  (from Ch. 63, par. 42.35)
21    Sec. 5. Comments and opinions; work sheets. No comment or
22opinion shall be included in the fiscal note with regard to the
23merits of the measure for which the fiscal note is prepared;
24however, technical or mechanical defects may be noted. The work
25sheet shall include, insofar as practicable, a breakdown of the

 

 

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1costs upon which any appropriation measure or measure which is
2expected to cause an expenditure of State, local governmental,
3school district, or community college district funds is based
4and the expectable direct or indirect increase or decrease in
5State, local governmental, school district, or community
6college district revenues, as the case may be, including but
7not necessarily limited to costs of personnel, materials and
8supplies and capital outlay. It shall also include such other
9information as is required by rules and regulations which may
10be promulgated by each house of the General Assembly with
11respect to the preparation of fiscal notes. The fiscal note
12shall be prepared in quintuplicate, and the name of the State
13board, commission, department, agency, or other entity
14preparing it shall appear at the end of the note and the
15original of both the work sheet and the fiscal note shall be
16signed by the Executive Director of the Commission on
17Government Forecasting and Accountability head of the board,
18commission, department, agency, or other entity or by a
19responsible representative designated by him or her for the
20purpose.
21(Source: P.A. 88-535.)
 
22    (25 ILCS 50/7)  (from Ch. 63, par. 42.37)
23    Sec. 7. Amendments. Whenever any committee of either house
24reports any bill with an amendment of such nature as will
25substantially affect the costs to or the revenues of the State,

 

 

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1units of local government, school districts, or community
2college districts, private enterprises and non-governmental
3agencies operating within the State, or citizens of this State,
4as stated in the fiscal note attached to the measure at the
5time of its referral to the committee, there shall be included
6with the report of the committee a statement of the effect of
7the change proposed by the amendment reported, except if
8desired by a majority of the committee members determine by a
9three-fifths vote that the statement is not necessary. In like
10manner, whenever any measure is amended on the floor of either
11house in such manner as to substantially affect the costs
12thereof or the revenues to be derived thereunder as stated in
13the fiscal note attached to the measure prior to such
14amendment, a majority of such house may propose that no action
15shall be taken upon the amendment until the sponsor of the
16amendment presents to the members a statement prepared by the
17Commission on Government Forecasting and Accountability of the
18fiscal effect of his or her proposed amendment, except if the
19members of that house determine by a record vote of
20three-fifths of the members elected that the statement is not
21necessary. Whenever an amendment to a bill, whether reported by
22a committee of either house or proposed upon the floor of
23either house, amends the Mental Health and Developmental
24Disabilities Code or the Developmental Disability and Mental
25Disability Services Act, no action shall be taken upon the
26amendment until the sponsor of the amendment presents to the

 

 

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1members a statement prepared by the Commission on Government
2Forecasting and Accountability Department of Human Services of
3the fiscal effect of his or her proposed amendment upon
4community agencies.
5(Source: P.A. 92-567, eff. 1-1-03.)
 
6    (25 ILCS 50/8)  (from Ch. 63, par. 42.38)
7    Sec. 8. Confidentiality. The subject matter of bills
8submitted to the Commission on Government Forecasting and
9Accountability boards, commissions, departments, agencies, or
10other entities for preparation of fiscal notes shall be kept in
11strict confidence and no information relating thereto or
12relating to the fiscal effect of any such measure shall be
13divulged by any official or employee of the Commission on
14Government Forecasting and Accountability, except to the
15bill's sponsor or the sponsor's designee, thereof prior to its
16introduction in the General Assembly.
17(Source: Laws 1965, p. 858.)
 
18    Section 10. The Commission on Government Forecasting and
19Accountability Act is amended by changing Section 3 as follows:
 
20    (25 ILCS 155/3)  (from Ch. 63, par. 343)
21    Sec. 3. Duties. The Commission shall:
22        (1) Study from time to time and report to the General
23    Assembly on economic development and trends in the State.

 

 

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1        (2) Make such special economic and fiscal studies as it
2    deems appropriate or desirable or as the General Assembly
3    may request.
4        (3) Based on its studies, recommend such State fiscal
5    and economic policies as it deems appropriate or desirable
6    to improve the functioning of State government and the
7    economy of the various regions within the State.
8        (4) Prepare annually a State economic report.
9        (5) Provide information for all appropriate
10    legislative organizations and personnel on economic trends
11    in relation to long range planning and budgeting.
12        (6) Study and make such recommendations as it deems
13    appropriate to the General Assembly on local and regional
14    economic and fiscal policy and on federal fiscal policy as
15    it may affect Illinois.
16        (7) Review capital expenditures, appropriations and
17    authorizations for both the State's general obligation and
18    revenue bonding authorities. At the direction of the
19    Commission, specific reviews may include economic
20    feasibility reviews of existing or proposed revenue bond
21    projects to determine the accuracy of the original estimate
22    of useful life of the projects, maintenance requirements
23    and ability to meet debt service requirements through their
24    operating expenses.
25        (8) Receive and review all executive agency and revenue
26    bonding authority annual and 3 year plans. The Commission

 

 

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1    shall prepare a consolidated review of these plans, an
2    updated assessment of current State agency capital plans, a
3    report on the outstanding and unissued bond
4    authorizations, an evaluation of the State's ability to
5    market further bond issues and shall submit them as the
6    "Legislative Capital Plan Analysis" to the House and Senate
7    Appropriations Committees at least once a year. The
8    Commission shall annually submit to the General Assembly on
9    the first Wednesday of April a report on the State's
10    long-term capital needs, with particular emphasis upon and
11    detail of the 5-year period in the immediate future.
12        (9) Study and make recommendations it deems
13    appropriate to the General Assembly on State bond
14    financing, bondability guidelines, and debt management. At
15    the direction of the Commission, specific studies and
16    reviews may take into consideration short and long-run
17    implications of State bonding and debt management policy.
18        (10) Comply with the provisions of the "State Debt
19    Impact Note Act" as now or hereafter amended.
20        (11) Comply with the provisions of the Pension Impact
21    Note Act, as now or hereafter amended.
22        (12) By August 1st of each year, the Commission must
23    prepare and cause to be published a summary report of State
24    appropriations for the State fiscal year beginning the
25    previous July 1st. The summary report must discuss major
26    categories of appropriations, the issues the General

 

 

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1    Assembly faced in allocating appropriations, comparisons
2    with appropriations for previous State fiscal years, and
3    other matters helpful in providing the citizens of Illinois
4    with an overall understanding of appropriations for that
5    fiscal year. The summary report must be written in plain
6    language and designed for readability. Publication must be
7    in newspapers of general circulation in the various areas
8    of the State to ensure distribution statewide. The summary
9    report must also be published on the General Assembly's web
10    site.
11        (13) Comply with the provisions of the State Facilities
12    Closure Act.
13        (14) For fiscal year 2012 and thereafter, develop a
14    3-year budget forecast for the State, including
15    opportunities and threats concerning anticipated revenues
16    and expenditures, with an appropriate level of detail.
17        (15) Comply with the provisions of the Fiscal Note Act.
18    The requirement for reporting to the General Assembly shall
19be satisfied by filing copies of the report with the Speaker,
20the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of the General Assembly Organization
24Act, and filing such additional copies with the State
25Government Report Distribution Center for the General Assembly
26as is required under paragraph (t) of Section 7 of the State

 

 

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1Library Act.
2(Source: P.A. 96-958, eff. 7-1-10.)