Bill Status of HB 4711   96th General Assembly

Short Description:  PROHIBIT UNFUNDED MANDATES

House Sponsors
Rep. Roger L. Eddy-Jerry L. Mitchell-Suzanne Bassi-Robert W. Pritchard-JoAnn D. Osmond, David Reis, Lisa M. Dugan, Keith P. Sommer, Sandra M. Pihos, Jack McGuire, Linda Chapa LaVia, Chapin Rose, Patricia R. Bellock, Tom Cross, Timothy L. Schmitz, Sandy Cole, Shane Cultra, Richard P. Myers, Jim Watson, William B. Black, Michael K. Smith, Bill Mitchell, Kevin A. McCarthy, Darlene J. Senger, Franco Coladipietro, John D. Cavaletto, Elizabeth Coulson, Dennis M. Reboletti, Ron Stephens, Kay Hatcher, Michael G. Connelly, Ed Sullivan, Jr., Raymond Poe, Dan Brady, Ronald A. Wait, Mike Fortner, Mike Bost, Dave Winters, John E. Bradley, David R. Leitch, Randy Ramey, Jr., Jim Durkin, Donald L. Moffitt, Sidney H. Mathias, Michael W. Tryon, Anthony DeLuca, Thomas Holbrook, Patrick J. Verschoore, Dan Reitz, Brandon W. Phelps, Rich Brauer, Mark H. Beaubien, Jr., Eddie Washington, Jim Sacia and Jehan A. Gordon

Senate Sponsors
(Sen. Edward D. Maloney-Dale A. Righter, John J. Millner, David Luechtefeld-Chris Lauzen-Pamela J. Althoff, Linda Holmes, John O. Jones, Michael Bond, Dale E. Risinger and Kyle McCarter)


Last Action  View All Actions

DateChamber Action
  8/20/2010HousePublic Act . . . . . . . . . 96-1441

Statutes Amended In Order of Appearance
105 ILCS 5/10-30 new
105 ILCS 5/34-130 new

Synopsis As Introduced
Amends the School Code. Provides that no district is obligated to comply with any statutory or regulatory mandate or requirement unless a separate appropriation has been enacted into law providing funding for the school year during which such mandate is required. Contains provisions concerning discontinuing or modifying an activity to meet specified requirements. Provides that specified provisions do not apply to special education, transportation, or lunch programs, or coursework required for high school graduation. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
105 ILCS 5/10-30 new
105 ILCS 5/34-130 new
Adds reference to:
105 ILCS 5/22-60 new

Deletes everything after the enacting clause. Reinserts the contents of the bill as introduced with the following changes. Changes the amendatory language to also apply to private schools. Sets forth additional exceptions to the prohibition on unfunded mandates. Effective immediately.

House Floor Amendment No. 3
Deletes everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No. 1, with the following changes. Provides that the prohibition applies only to mandates enacted into law or adopted by rule after the effective date of the amendatory Act. Replaces language exempting specific programs from the prohibition on unfunded mandates with language providing that the prohibition on unfunded mandates does not apply to new mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Application. Effective immediately.

House Floor Amendment No. 4
Provides that the unfunded mandates prohibition does not apply to any laws related to employment under Chapter 820 of the Illinois Compiled Statutes.

Senate Floor Amendment No. 1
Deletes everything after the enacting clause. Provides that no public school district or private school is obligated to comply with (i) any mandate in the School Code enacted after the effective date of the amendatory Act or (2) any regulatory mandate promulgated by the State Board of Education and adopted by rule after the effective date of the amendatory Act other than those promulgated with respect to these provisions or statutes already enacted on or before the effective date of the amendatory Act, unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required (with exceptions). If the amount appropriated to fund a described mandate does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received. Provides that before discontinuing or modifying the mandate, a school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. Sets forth provisions concerning what the petition must contain, review of the petition and a public hearing, granting an exemption, State Board of Education notification, and appealing the regional superintendent's decision. Provides for a list of discontinued or modified mandated activities. Provides that in any instances in which these provisions conflict with the State Mandates Act, the State Mandates Act shall prevail. Effective immediately.

Actions 
DateChamber Action
  12/14/2009HouseFiled with the Clerk by Rep. Roger L. Eddy
  12/14/2009HouseChief Co-Sponsor Rep. Jerry L. Mitchell
  12/14/2009HouseChief Co-Sponsor Rep. Suzanne Bassi
  12/14/2009HouseChief Co-Sponsor Rep. Robert W. Pritchard
  12/15/2009HouseAdded Chief Co-Sponsor Rep. JoAnn D. Osmond
  12/16/2009HouseAdded Co-Sponsor Rep. David Reis
  12/16/2009HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  12/17/2009HouseAdded Co-Sponsor Rep. Keith P. Sommer
  12/18/2009HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  1/4/2010HouseAdded Co-Sponsor Rep. Jack McGuire
  1/4/2010HouseFirst Reading
  1/4/2010HouseReferred to Rules Committee
  1/6/2010HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  1/11/2010HouseAdded Co-Sponsor Rep. Chapin Rose
  1/12/2010HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  2/3/2010HouseAssigned to Elementary & Secondary Education Committee
  2/3/2010HouseAdded Co-Sponsor Rep. Tom Cross
  2/3/2010HouseAdded Co-Sponsor Rep. Timothy L. Schmitz
  2/4/2010HouseAdded Co-Sponsor Rep. Sandy Cole
  2/4/2010HouseAdded Co-Sponsor Rep. Shane Cultra
  2/5/2010HouseAdded Co-Sponsor Rep. Richard P. Myers
  2/5/2010HouseAdded Co-Sponsor Rep. Jim Watson
  2/5/2010HouseAdded Co-Sponsor Rep. William B. Black
  2/5/2010HouseAdded Co-Sponsor Rep. Michael K. Smith
  2/5/2010HouseAdded Co-Sponsor Rep. Bill Mitchell
  2/5/2010HouseAdded Co-Sponsor Rep. Kevin A. McCarthy
  2/9/2010HouseAdded Co-Sponsor Rep. Darlene J. Senger
  2/9/2010HouseAdded Co-Sponsor Rep. Esther Golar
  2/16/2010HouseAdded Co-Sponsor Rep. Franco Coladipietro
  2/17/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Elementary & Secondary Education Committee
  2/17/2010HouseHouse Committee Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote
  2/17/2010HouseDo Pass as Amended / Short Debate Elementary & Secondary Education Committee; 013-005-001
  2/17/2010HousePlaced on Calendar 2nd Reading - Short Debate
  2/17/2010HouseAdded Co-Sponsor Rep. John D. Cavaletto
  2/17/2010HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  2/17/2010HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  2/17/2010HouseAdded Co-Sponsor Rep. Ron Stephens
  2/17/2010HouseAdded Co-Sponsor Rep. Kay Hatcher
  2/17/2010HouseAdded Co-Sponsor Rep. Michael G. Connelly
  2/17/2010HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  2/18/2010HouseAdded Co-Sponsor Rep. Raymond Poe
  2/18/2010HouseAdded Co-Sponsor Rep. Dan Brady
  2/18/2010HouseAdded Co-Sponsor Rep. Ronald A. Wait
  2/18/2010HouseAdded Co-Sponsor Rep. Mike Fortner
  2/18/2010HouseAdded Co-Sponsor Rep. Mike Bost
  2/18/2010HouseAdded Co-Sponsor Rep. Dave Winters
  2/18/2010HouseAdded Co-Sponsor Rep. John E. Bradley
  2/18/2010HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  2/18/2010HouseAdded Co-Sponsor Rep. David R. Leitch
  2/18/2010HouseAdded Co-Sponsor Rep. Randy Ramey, Jr.
  2/18/2010HouseAdded Co-Sponsor Rep. Jim Durkin
  2/18/2010HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  2/18/2010HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  2/18/2010HouseAdded Co-Sponsor Rep. Michael W. Tryon
  2/18/2010HouseAdded Co-Sponsor Rep. Anthony DeLuca
  2/18/2010HouseAdded Co-Sponsor Rep. Thomas Holbrook
  2/18/2010HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  2/18/2010HouseAdded Co-Sponsor Rep. Dan Reitz
  2/18/2010HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  2/22/2010HouseRemoved Co-Sponsor Rep. Esther Golar
  2/23/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Roger L. Eddy
  2/23/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  2/23/2010HouseRemoved Co-Sponsor Rep. Jehan A. Gordon
  2/24/2010HouseAdded Co-Sponsor Rep. Rich Brauer
  3/2/2010HouseHouse Floor Amendment No. 2 Rules Refers to Elementary & Secondary Education Committee
  3/2/2010HouseAdded Co-Sponsor Rep. Mark H. Beaubien, Jr.
  3/9/2010HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Roger L. Eddy
  3/9/2010HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/9/2010HouseAdded Co-Sponsor Rep. Eddie Washington
  3/10/2010HouseHouse Floor Amendment No. 3 Rules Refers to Elementary & Secondary Education Committee
  3/11/2010HouseHouse Floor Amendment No. 3 Recommends Be Adopted Elementary & Secondary Education Committee; 012-004-000
  3/12/2010HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Roger L. Eddy
  3/12/2010HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  3/16/2010HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-000-000
  3/17/2010HouseSecond Reading - Short Debate
  3/17/2010HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  3/17/2010HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  3/17/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/17/2010HouseAdded Co-Sponsor Rep. Jim Sacia
  3/18/2010HouseThird Reading - Short Debate - Passed 103-007-001
  3/18/2010HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
  3/18/2010HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  3/23/2010SenateArrive in Senate
  3/23/2010SenatePlaced on Calendar Order of First Reading
  3/23/2010SenateChief Senate Sponsor Sen. Pamela J. Althoff
  3/23/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Dale A. Righter
  3/23/2010SenateAdded as Alternate Co-Sponsor Sen. John J. Millner
  3/23/2010SenateFirst Reading
  3/23/2010SenateReferred to Assignments
  3/23/2010SenateAlternate Chief Sponsor Changed to Sen. Edward D. Maloney
  3/24/2010SenateAdded as Alternate Co-Sponsor Sen. David Luechtefeld
  3/24/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Chris Lauzen
  3/24/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  4/6/2010SenateAssigned to Education
  4/14/2010SenatePostponed - Education
  4/20/2010SenateDo Pass Education; 009-000-000
  4/20/2010SenatePlaced on Calendar Order of 2nd Reading April 21, 2010
  4/22/2010SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  4/23/2010SenateAdded as Alternate Co-Sponsor Sen. John O. Jones
  4/23/2010SenateAdded as Alternate Co-Sponsor Sen. Michael Bond
  4/28/2010SenateAdded as Alternate Co-Sponsor Sen. Dale E. Risinger
  5/3/2010SenateSecond Reading
  5/3/2010SenatePlaced on Calendar Order of 3rd Reading May 4, 2010
  5/3/2010SenateAdded as Alternate Co-Sponsor Sen. Kyle McCarter
  5/5/2010SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney
  5/5/2010SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/6/2010SenateSenate Floor Amendment No. 1 Assignments Refers to Education
  5/7/2010SenateSenate Floor Amendment No. 1 Recommend Do Adopt Education; 011-000-000
  5/7/2010SenateRecalled to Second Reading
  5/7/2010SenateSenate Floor Amendment No. 1 Adopted; Maloney
  5/7/2010SenatePlaced on Calendar Order of 3rd Reading May 7, 2010
  5/7/2010SenateThird Reading - Passed; 056-000-001
  5/7/2010HouseArrived in House
  5/7/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/7/2010HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Roger L. Eddy
  5/7/2010HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/24/2010HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Elementary & Secondary Education Committee
  5/25/2010HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Elementary & Secondary Education Committee; 013-002-001
  5/26/2010HouseSenate Floor Amendment No. 1 House Concurs 112-000-000
  5/26/2010HousePassed Both Houses
  6/24/2010HouseSent to the Governor
  8/20/2010HouseGovernor Approved
  8/20/2010HouseEffective Date August 20, 2010
  8/20/2010HousePublic Act . . . . . . . . . 96-1441

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