SB1904 98TH GENERAL ASSEMBLY

LRB098 08755 JDS 38880 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1904

Introduced 2/15/2013, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:

New Act

Creates the Dedicated Fund Impact Note Act. Requires every bill that provides for the transfer of moneys from a special fund in the State treasury to any other fund in the State treasury through sweeps, administrative charge-backs, or another other fiscal or budgetary maneuver to have prepared for it, prior to second reading in each chamber, a brief explanatory statement or note that discloses the amount to be transferred from each special fund and an estimate of the programmatic impact of that transfer. Authorizes any member of the General Assembly to request one of these notes. Requires the Director of the Governor's Office of Management and Budget to respond to requests for these notes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Dedicated Fund Impact Note Act.

Section 5. Dedicated fund impact note required. Every bill that provides for the transfer of moneys from a special fund in the State treasury to any other fund in the State treasury through sweeps, administrative charge-backs, or another other fiscal or budgetary maneuver shall have prepared for it, prior to second reading in each chamber, a brief explanatory statement or note that discloses the amount to be transferred from each special fund and an estimate of the programmatic impact of those transfers.

Section 10. Request for and delivery of note. Upon the request of any member of the General Assembly, the Director of the Governor's Office of Management and Budget, or any person within the Office whom the Director may designate, shall prepare a written statement setting forth the information specified in Section 5.

The statement prepared by the Director of the Governor's Office of Management and Budget shall be designated a Dedicated Fund Impact Note and shall be furnished to the member who made the request within 10 calendar days thereafter, except that whenever, because of the complexity of the bill, additional time is required for the preparation of the note, the Governor's Office of Management and Budget may so notify the requester and ask for an extension of time not to exceed 5 additional days within which the note is to be furnished. No extension shall extend beyond May 15 following the date of the request.

Section 15. Contents of note. The note shall be factual in nature, as brief and concise as may be, and shall provide as reliable an estimate as is possible under the circumstances of the amounts to be transferred and the programmatic impacts of the transfers. The note shall include both the immediate effect, and if determinable or reasonably foreseeable, the long-range effect of the measure.

A brief summary or work sheet of computations and all assumptions used in arriving at the Dedicated Fund Impact Note figures shall be supplied.

No comment or opinion shall be included in the note with regard to the merits of the measure for which the note is prepared; however, technical or mechanical defects may be noted.

The work sheet shall include, insofar as practicable, a breakdown of the costs and benefits upon which the note is based. The note shall also include such other information as is required by the rules and regulations that may be promulgated by each house of the General Assembly with respect to the preparation of such notes.

The note shall be prepared in quintuplicate and the original of both the note and the work sheet shall be signed by the Governor's Office of Management and Budgets or such person as the Director may designate.

Section 20. Appearance before legislative committee. The fact that a Dedicated Fund Impact Note is prepared for any bill shall not preclude or restrict the appearance before any committee of the General Assembly, of any official or authorized employee of any State board, commission, department, agency, or other entity who desires to be heard in support of, or in opposition to, the measure.

Section 25. Applicability to amendments. Whenever any measure is amended on the floor of either house in such manner as to bring it within the description of bills set forth in Section 5 above, a majority of such house may propose that no action shall be taken upon the amendment until the Director of the Governor's Office of Management and Budget presents a note that complies with the requirements of this Act.

Section 30. Confidentiality. The subject matter of bills submitted to the Director of the Governor's Office of Management and Budget shall be kept in strict confidence, and no information relating thereto or relating to the budget or impact thereof shall be divulged by an official or employee of the Office, except to the requester, or his or her designee, prior to the bill's introduction in the General Assembly.