State of Illinois
92nd General Assembly
Legislation

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92_HB3119eng

 
HB3119 Engrossed                               LRB9206078JMmb

 1        AN ACT concerning fiscal notes.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Fiscal Note Act is  amended  by  changing
 5    Sections 1, 2, and 7 as follows:

 6        (25 ILCS 50/1) (from Ch. 63, par. 42.31)
 7        Sec.  1.  Every  bill, except those bills making a direct
 8    appropriation, (1) the purpose or effect of which is  (i)  to
 9    expend  any  State  funds  or  to  increase  or  decrease the
10    revenues of the State, either directly or indirectly, or (ii)
11    to require the expenditure of  their  own  funds  by,  or  to
12    increase   or  decrease  the  revenues  of,  units  of  local
13    government, school districts or community college  districts,
14    or  to  revise the distribution of State funds among units of
15    local government,  school  districts,  or  community  college
16    districts,  either directly or indirectly, or (2) that amends
17    the Mental Health and Developmental Disabilities Code or  the
18    Developmental  Disability  and Mental Disability Services Act
19    shall have prepared for it prior to  second  reading  in  the
20    house  of  introduction a brief explanatory statement or note
21    which, for a bill under item (1), shall  include  a  reliable
22    estimate   of   the   anticipated   change  in  State,  local
23    governmental, school district, or community college  district
24    expenditures or revenues under its provisions and, for a bill
25    under  item  (2),  shall  include  a reliable estimate of the
26    fiscal impact of its provisions upon community agencies.  For
27    purposes  of this Act, indirect revenues include, but are not
28    limited  to,  increased  tax  revenues  or  other   increased
29    revenues  resulting  from economic development, job creation,
30    or cost reduction.  The statement or note shall also  include
31    an  explanation  of  the  methodology  used  to determine the
 
HB3119 Engrossed            -2-                LRB9206078JMmb
 1    estimated direct and indirect costs or  estimated  impact  on
 2    community  agencies.   Any  notes  for  bills having a fiscal
 3    impact on units of  local  government,  school  districts  or
 4    community college districts shall include such cost estimates
 5    as may be required under the State Mandates Act.
 6        If a bill authorizes capital expenditures or appropriates
 7    funds for capital expenditures, a statement shall be prepared
 8    by  the Bureau of the Budget specifying by year any principal
 9    and  interest  payments  required  to  finance  such  capital
10    expenditures.
11        These statements or  notes  shall  be  known  as  "fiscal
12    notes".
13    (Source: P.A. 87-847; 88-535.)

14        (25 ILCS 50/2) (from Ch. 63, par. 42.32)
15        Sec.  2. The sponsor of each bill, referred to in Section
16    1, shall present a copy of the bill, with his request  for  a
17    fiscal note, to the board, commission, department, agency, or
18    other  entity  of the State which is to receive or expend the
19    appropriation proposed or which is responsible for collection
20    of the revenue proposed to be increased or decreased,  or  to
21    be  levied or provided for. The sponsor of a bill that amends
22    the Mental Health and Developmental Disabilities Code or  the
23    Developmental  Disability  and Mental Disability Services Act
24    shall present a copy of the bill, with his or her request for
25    a fiscal note, to the  Department  of  Human  Services.   The
26    fiscal  note  shall  be  prepared  by such board, commission,
27    department, agency, or other  entity  and  furnished  to  the
28    sponsor of the bill within 5 calendar days thereafter; except
29    that  whenever,  because  of  the  complexity of the measure,
30    additional time is required for  preparation  of  the  fiscal
31    note,  the  board,  commission,  department, agency, or other
32    entity may so inform the sponsor  of  the  bill  and  he  may
33    approve  an extension of the time within which the note is to
 
HB3119 Engrossed            -3-                LRB9206078JMmb
 1    be  furnished,  not  to  extend,  however,  beyond  June  15,
 2    following the date of the request. Whenever any  measure  for
 3    which  a  fiscal note is required affects more than one State
 4    board, commission, department, agency, or other  entity,  the
 5    board,  commission,  department, agency, or other entity most
 6    affected by its provisions according to the sponsor shall  be
 7    responsible  for preparation of the fiscal note. Whenever any
 8    measure for which a fiscal note is required does not affect a
 9    specific board, commission, department, agency or other  such
10    entity, or does not amend the Mental Health and Developmental
11    Disabilities  Code or the Developmental Disability and Mental
12    Disability Services Act, the sponsor of the measure shall  be
13    responsible for preparation of the fiscal note.
14        In  the case of bills having a potential fiscal impact on
15    units of local government, the fiscal note shall be  prepared
16    by  the Department of Commerce and Community Affairs.  In the
17    case of bills having a  potential  fiscal  impact  on  school
18    districts,  the  fiscal  note  shall be prepared by the State
19    Superintendent of Education.  In the case of bills  having  a
20    potential  fiscal  impact on community college districts, the
21    fiscal note shall  be  prepared  by  the  Illinois  Community
22    College Board.
23    (Source: P.A. 81-1562.)

24        (25 ILCS 50/7) (from Ch. 63, par. 42.37)
25        Sec.  7.  Whenever  any committee of either house reports
26    any  bill  with  an  amendment  of  such   nature   as   will
27    substantially  affect  the  costs  to  or the revenues of the
28    State,  units  of  local  government,  school  districts,  or
29    community college districts, as stated  in  the  fiscal  note
30    attached  to  the  measure at the time of its referral to the
31    committee, there shall be included with  the  report  of  the
32    committee a statement of the effect of the change proposed by
33    the  amendment  reported  if  desired  by  a  majority of the
 
HB3119 Engrossed            -4-                LRB9206078JMmb
 1    committee. In like manner, whenever any measure is amended on
 2    the floor of either house in such manner as to  substantially
 3    affect  the  costs  thereof  or  the  revenues  to be derived
 4    thereunder as stated in  the  fiscal  note  attached  to  the
 5    measure prior to such amendment, a majority of such house may
 6    propose  that  no  action  shall  be taken upon the amendment
 7    until the sponsor of the amendment presents to the members  a
 8    statement  of  the  fiscal  effect of his proposed amendment.
 9    Whenever an amendment  to  a  bill,  whether  reported  by  a
10    committee  of  either  house  or  proposed  upon the floor of
11    either house, amends  the  Mental  Health  and  Developmental
12    Disabilities  Code or the Developmental Disability and Mental
13    Disability Services Act, no action shall be  taken  upon  the
14    amendment  until the sponsor of the amendment presents to the
15    members a statement  prepared  by  the  Department  of  Human
16    Services  of  the  fiscal  effect  of  his  or  her  proposed
17    amendment upon community agencies.
18    (Source: P.A. 81-650.)

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