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92nd General Assembly

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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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