Illinois General Assembly - Full Text of SB1656
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Full Text of SB1656  97th General Assembly




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1    AN ACT concerning community services impact notes.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Community Services Impact Note Act.
6    Section 5. Applicability. Every bill, except those making a
7direct appropriation, that creates a State mandate on privately
8owned or operated facilities and community service providers
9funded through the Department of Human Services for the purpose
10of serving individuals with developmental disabilities and
11mental illness shall have prepared for it at the request of a
12member while on second reading in the house of introduction a
13brief explanatory statement or note that shall include a
14reliable estimate of the probable impact of its provisions on
15those facilities and providers and the probable impact that the
16bill will have upon the Department's annual budget. These
17statements or notes shall be known as "community services
18impact notes".
19    Section 10. Preparation. Upon the filing of any bill
20described in Section 5 of this Act, the Department of Human
21Services shall prepare a written statement setting forth the
22information specified in Section 5.



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1    The statement prepared by the Department shall be filed
2with the Clerk of the House or the Secretary of the Senate, as
3appropriate, and furnished to the sponsor of the bill within 10
4calendar days thereafter, except that whenever, because of the
5complexity of the bill, additional time is required for the
6preparation of the community services impact note, the
7Department may inform the sponsor of the bill, and the sponsor
8may approve an extension of the time within which the note is
9to be submitted, not to extend, however, beyond 5 additional
10days, following the date of the request. Such extension shall
11not extend beyond May 15 following the date of the request. The
12Department shall seek assistance from other State agencies and
13statewide trade associations and organizations representing
14privately owned or operated facilities and providers of
15community services for persons with developmental disabilities
16and mental illness. If, in the opinion of the Department, there
17is insufficient information to prepare a reliable estimate of
18the anticipated impact, then a statement to that effect may be
19filed and shall meet the requirements of this Act. Except as
20outlined in Section 15, no bills for which a community services
21impact note has been requested may be placed on third reading
22until the note has been prepared and filed or until the
23Department has stated that there is insufficient information to
24prepare a reliable estimate of the anticipated impact according
25to the time frames outlined in this Section.



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1    Section 15. Vote on the necessity of community services
2impact notes. Whenever the sponsor of any bill is of the
3opinion that no community services impact note is required, any
4member of either house may request that a note be obtained, and
5in that case the applicability of this Act shall be decided by
6the majority of those present and voting in the house of which
7the sponsor is a member.
8    Section 20. Contents of note. The note shall be factual in
9nature, as brief and concise as may be, and shall provide as
10reliable an estimate of the impact of the bill on community
11services for persons with developmental disabilities and
12mental illness in dollars and in addition, it shall include
13both the immediate effect and, if determinable or reasonably
14foreseeable, the long-range effect of the measure.
15    If, after careful investigation, it is determined that no
16dollar estimate is possible, then the note shall contain a
17statement to that effect, setting forth the reasons why no
18dollar estimate can be given. A brief summary or work sheet of
19computations used in arriving at community services impact note
20figures shall be supplied.
21    Section 25. Note comments; worksheet. No comment or opinion
22shall be included in the community services impact note with
23regard to the merits of the measure for which the community
24services impact note is prepared; however, technical or



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1mechanical defects may be noted.
2    The worksheet shall include, insofar as practicable, a
3breakdown of the costs upon which the community services impact
4note is based. It shall also include such other information as
5is required by rules and regulations which may be promulgated
6by each house of the General Assembly with respect to the
7preparation of such notes. The community services impact note
8shall be prepared in quintuplicate, and the original of both
9the worksheet and the community services impact note shall be
10signed by the Secretary of the Department of Human Services, or
11by a responsible representative designated by the Secretary.
12    Section 30. Committee appearance. The fact that a community
13services impact note is prepared for any bill shall not
14preclude or restrict the appearance before any committee of the
15General Assembly, of any official or authorized employee of the
16Department of Human Services, or any State board, commission,
17other department, or agency or other entity that desires to be
18heard in support of or in opposition to the measure.
19    Section 35. Amendments; notes required. Whenever an
20amendment to a bill, whether reported by a committee of either
21house or proposed upon the floor of either house, brings that
22bill within the description of the bills set forth in Section 5
23of this Act, a majority of such house may propose that no
24action shall be taken upon the amendment until the sponsor of



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1the amendment presents to the members a statement or note (if
2applicable) consistent with the provisions of Section 20 of
3this Act.
4    Section 40. Confidentiality. The subject matter of a bill
5submitted to the Secretary of the Department of Human Services
6shall be kept in strict confidence by the Department of Human
7Services, and no information relating to the bill or community
8services impact shall be divulged by any official or employee
9of the Department, except to the bill's sponsor or the
10sponsor's designee, before the bill's introduction in the
11General Assembly.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.