HB6094 99TH GENERAL ASSEMBLY

LRB099 20571 AWJ 45125 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6094

Introduced 2/11/2016, by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 805/7	from Ch. 85, par. 2207
30 ILCS 805/9.5 new

Creates the Local Unfunded Mandate Exemption Act. Provides that all units of local government, school districts, and public colleges and universities may, by a majority vote of the governing body, exempt themselves from specified mandates that are unfunded if it is determined that it is not economically feasible to comply with the unfunded mandate. Provides for notice, public hearing, and other requirements in order for a governing body to exempt itself from any mandate. Prohibits exemption from federally required mandates, mandates pertaining to health and public safety, mandates pertaining to civil rights, and instructional mandates for school districts. Provides for appeal procedures by State agencies affected by exempted mandates. Amends the State Mandate Act. Provides that the Department of Commerce and Economic Opportunity shall submit yearly to the Governor and the General Assembly a review and report on mandates remaining in effect at the time of submittal of the report.

A BILL FOR

AN ACT concerning local 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 Local Unfunded Mandate Exemption Act.

Section 5. Definitions. As used in this Act:

"Director" means the Director, Secretary, Executive Director, or other chief executive officer of a State Agency.

"Mandate" means, except as otherwise provided in this Act, the following mandates defined in Section 3 of the State Mandates Act: (a) local government organization and structure mandates; (b) due process mandates; (c) service mandates; and (d) personnel mandates.

"Public colleges and universities" means public community colleges subject to the Public Community College Act, the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, and Western Illinois University.

"State Agency" has the meaning provided in Section 1-7 of the Illinois State Auditing Act.

Section 10. Exemption from unfunded mandates. Notwithstanding any other law to the contrary:

(a) Units of local government, school districts, and public colleges and universities, by resolution or ordinance with a three-fifths vote of the governing board, may exempt themselves from any unfunded mandate under any law or administrative rule if the governing board determines that it is not economically feasible to comply with the unfunded mandate. The resolution or ordinance shall:

(1) state an estimate of the cost of compliance with the unfunded mandate;

(2) state how the cost of compliance with an unfunded mandate is not economically feasible and significantly hinders their ability to deliver on the statutory mission of the unit of government, school district, or public college or university;

(3) attach documentation in support of paragraphs (1) and (2) of this subsection (a); and

(4) certify that the exemption is not prohibited by subsection (b) of this Section.

(b) No unit of local government, school district, or public college or university may be exempted from an unfunded mandate if the mandate is:

(1) a federally required mandate;

(2) a mandate pertaining to health and public safety to a degree which should not be waived;

(3) a mandate pertaining to local, State, or federal civil rights; or

(4) an instructional mandate for a school district.

(c) Before a unit of local government, school district, or public college or university may lawfully be exempted from an unfunded mandate under subsection (a) of this Section, it must hold a public hearing on the matter. The unit of local government, school district, or public college or university must publish a notice of the public hearing's time, date, place, and general subject matter at least 7 days prior to the hearing in a newspaper of general circulation within the unit of local government's, school district's, or public college's or university's area and on its website if it has a website.

Section 15. Notification to Governor and General Assembly.

Upon passage of a resolution or ordinance under Section 10 of this Act, a copy of the resolution or ordinance, including all attached documentation, shall be provided to the Office of the Governor, Office of the Senate President, Office of the Senate Minority Leader, Office of the Speaker, Office of the Minority Leader, and any Director of an affected State Agency within 10 business days of passage.

Section 20. Appeal by a State Agency Director.

(a) The Director of any State Agency affected by a mandate exemption under Section 10 of this Act can appeal the exemption within 45 days from the date of receipt to the Joint Committee on Administrative Rules requesting compliance with the unfunded mandate if the Director determines compliance by the unit of local government, school district, or public college or university is economically feasible and the exemption should be voided based upon any of the following:

(1) The Director shows that the State does or will provide adequate and direct funding to meet the full cost of compliance with the mandate;

(2) The Director shows compliance with the mandate is inherent in the statutory mission of the unit of local government, school district, or public college or university; or

(3) The Director shows the mandate cannot be exempted under subsection (b) of Section 10 of this Act.

(b) If the Joint Committee on Administrative Rules finds, by a majority vote, that the Director has not shown that an exemption to a mandate should be voided, the Joint Committee shall prepare a written opinion upholding the exemption within 45 days after receipt of the appeal from the Director.

(c) If the Joint Committee on Administrative Rules finds, by majority vote, that the Director has shown that an exemption to a mandate should be voided, the Joint Committee shall prepare a written opinion within 45 days after receipt of the appeal from the Director detailing its findings and provide a copy of its written findings to the Governor for final review. If the Governor agrees in writing with the findings of the Joint Committee, the exemption is void. If the Governor disagrees and objects in writing to the findings of the Joint Committee, then the Joint Committee may, by a two-thirds vote, override the Governor's objection thereby making the exemption void. If the Governor's objection is not overridden by the Joint Committee, then the exemption shall continue in force.

(d) If the Joint Committee on Administrative Rules fails to issue a written opinion under subsections (b) and (c) within 45 days after receipt of the appeal from the Director, the exemption is upheld.

Section 25. Conflicts with State Mandates Act. In any instances in which this Act conflicts with the State Mandates Act, this Act shall control.

Section 30. The State Mandates Act is amended by changing Section 7 and by adding Section 9.5 as follows:

(30 ILCS 805/7) (from Ch. 85, par. 2207)

Sec. 7. Review of Existing Mandates.

(a) Concurrently with, or within 3 months subsequent to the publication of a catalog of State mandates as prescribed in subsection (b) of Section 4 the Department shall every year submit to the Governor and the General Assembly a review and report on mandates enacted prior to the effective date of this Act and remaining in effect at the time of submittal of the report.

(b) The report shall include for each mandate the following: (1) The factual information specified in subsection (b) of Section 4 for the catalog; (2) extent to which the enactment of the mandate was requested, supported, encouraged or opposed by local governments or their respective organization; (3) whether the mandate continues to meet a Statewide policy objective or has achieved the initial policy intent in whole or in part; (4) amendments if any are required to make the mandate more effective; (5) whether the mandate should be retained or rescinded; (6) whether State financial participation in helping meet the identifiable increased local costs arising from the mandate should be initiated, and if so, recommended ratios and phasing-in schedules; and (7) any other information or recommendations which the Department considers pertinent; and (8) a statewide cost of compliance estimate.

(c) The appropriate committee of each house of the General Assembly shall review the report and shall initiate such legislation or other action as it deems necessary.

The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report with the Speaker, the Minority Leader and the Clerk of the House of Representatives and the President, the Minority Leader, the Secretary of the Senate, the members of the committees required to review the report under subsection (c) and the Legislative Research Unit, as required by Section 3.1 of "An Act to revise the law in relation to the General Assembly", approved February 25, 1874, as amended, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.

(Source: P.A. 84-1438.)

(30 ILCS 805/9.5 new)

Sec. 9.5. Conflicts with the Local Unfunded Mandate Exemption Act. In any instances in which this Act conflicts with the Local Unfunded Mandate Exemption Act, the Local Unfunded Mandate Exemption Act shall control, including but not limited to, exemptions set forth in Sections 8.1 and following of this Act.