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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.)