99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3182

 

Introduced 2/19/2016, by Sen. Dale A. Righter

 

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.


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A BILL FOR

 

SB3182LRB099 20575 AWJ 45129 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Local
5Unfunded Mandate Exemption Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Director" means the Director, Secretary, Executive
8Director, or other chief executive officer of a State Agency.
9    "Mandate" means, except as otherwise provided in this Act,
10the following mandates defined in Section 3 of the State
11Mandates Act: (a) local government organization and structure
12mandates; (b) due process mandates; (c) service mandates; and
13(d) personnel mandates.
14    "Public colleges and universities" means public community
15colleges subject to the Public Community College Act, the
16University of Illinois, Southern Illinois University, Chicago
17State University, Eastern Illinois University, Governors State
18University, Illinois State University, Northeastern Illinois
19University, Northern Illinois University, and Western Illinois
20University.
21    "State Agency" has the meaning provided in Section 1-7 of
22the Illinois State Auditing Act.
 

 

 

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1    Section 10. Exemption from unfunded mandates.
2Notwithstanding any other law to the contrary:
3    (a) Units of local government, school districts, and public
4colleges and universities, by resolution or ordinance with a
5three-fifths vote of the governing board, may exempt themselves
6from any unfunded mandate under any law or administrative rule
7if the governing board determines that it is not economically
8feasible to comply with the unfunded mandate. The resolution or
9ordinance shall:
10        (1) state an estimate of the cost of compliance with
11    the unfunded mandate;
12        (2) state how the cost of compliance with an unfunded
13    mandate is not economically feasible and significantly
14    hinders their ability to deliver on the statutory mission
15    of the unit of government, school district, or public
16    college or university;
17        (3) attach documentation in support of paragraphs (1)
18    and (2) of this subsection (a); and
19        (4) certify that the exemption is not prohibited by
20    subsection (b) of this Section.
21    (b) No unit of local government, school district, or public
22college or university may be exempted from an unfunded mandate
23if the mandate is:
24        (1) a federally required mandate;
25        (2) a mandate pertaining to health and public safety to
26    a degree which should not be waived;

 

 

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1        (3) a mandate pertaining to local, State, or federal
2    civil rights; or
3        (4) an instructional mandate for a school district.
4    (c) Before a unit of local government, school district, or
5public college or university may lawfully be exempted from an
6unfunded mandate under subsection (a) of this Section, it must
7hold a public hearing on the matter. The unit of local
8government, school district, or public college or university
9must publish a notice of the public hearing's time, date,
10place, and general subject matter at least 7 days prior to the
11hearing in a newspaper of general circulation within the unit
12of local government's, school district's, or public college's
13or university's area and on its website if it has a website.
 
14    Section 15. Notification to Governor and General Assembly.
15Upon passage of a resolution or ordinance under Section 10 of
16this Act, a copy of the resolution or ordinance, including all
17attached documentation, shall be provided to the Office of the
18Governor, Office of the Senate President, Office of the Senate
19Minority Leader, Office of the Speaker, Office of the Minority
20Leader, and any Director of an affected State Agency within 10
21business days of passage.
 
22    Section 20. Appeal by a State Agency Director.
23    (a) The Director of any State Agency affected by a mandate
24exemption under Section 10 of this Act can appeal the exemption

 

 

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1within 45 days from the date of receipt to the Joint Committee
2on Administrative Rules requesting compliance with the
3unfunded mandate if the Director determines compliance by the
4unit of local government, school district, or public college or
5university is economically feasible and the exemption should be
6voided based upon any of the following:
7        (1) The Director shows that the State does or will
8    provide adequate and direct funding to meet the full cost
9    of compliance with the mandate;
10        (2) The Director shows compliance with the mandate is
11    inherent in the statutory mission of the unit of local
12    government, school district, or public college or
13    university; or
14        (3) The Director shows the mandate cannot be exempted
15    under subsection (b) of Section 10 of this Act.
16    (b) If the Joint Committee on Administrative Rules finds,
17by a majority vote, that the Director has not shown that an
18exemption to a mandate should be voided, the Joint Committee
19shall prepare a written opinion upholding the exemption within
2045 days after receipt of the appeal from the Director.
21    (c) If the Joint Committee on Administrative Rules finds,
22by majority vote, that the Director has shown that an exemption
23to a mandate should be voided, the Joint Committee shall
24prepare a written opinion within 45 days after receipt of the
25appeal from the Director detailing its findings and provide a
26copy of its written findings to the Governor for final review.

 

 

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1If the Governor agrees in writing with the findings of the
2Joint Committee, the exemption is void. If the Governor
3disagrees and objects in writing to the findings of the Joint
4Committee, then the Joint Committee may, by a two-thirds vote,
5override the Governor's objection thereby making the exemption
6void. If the Governor's objection is not overridden by the
7Joint Committee, then the exemption shall continue in force.
8    (d) If the Joint Committee on Administrative Rules fails to
9issue a written opinion under subsections (b) and (c) within 45
10days after receipt of the appeal from the Director, the
11exemption is upheld.
 
12    Section 25. Conflicts with State Mandates Act. In any
13instances in which this Act conflicts with the State Mandates
14Act, this Act shall control.
 
15    Section 30. The State Mandates Act is amended by changing
16Section 7 and by adding Section 9.5 as follows:
 
17    (30 ILCS 805/7)  (from Ch. 85, par. 2207)
18    Sec. 7. Review of Existing Mandates.
19    (a) Concurrently with, or within 3 months subsequent to the
20publication of a catalog of State mandates as prescribed in
21subsection (b) of Section 4 the Department shall every year
22submit to the Governor and the General Assembly a review and
23report on mandates enacted prior to the effective date of this

 

 

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1Act and remaining in effect at the time of submittal of the
2report.
3    (b) The report shall include for each mandate the
4following: (1) The factual information specified in subsection
5(b) of Section 4 for the catalog; (2) extent to which the
6enactment of the mandate was requested, supported, encouraged
7or opposed by local governments or their respective
8organization; (3) whether the mandate continues to meet a
9Statewide policy objective or has achieved the initial policy
10intent in whole or in part; (4) amendments if any are required
11to make the mandate more effective; (5) whether the mandate
12should be retained or rescinded; (6) whether State financial
13participation in helping meet the identifiable increased local
14costs arising from the mandate should be initiated, and if so,
15recommended ratios and phasing-in schedules; and (7) any other
16information or recommendations which the Department considers
17pertinent; and (8) a statewide cost of compliance estimate.
18    (c) The appropriate committee of each house of the General
19Assembly shall review the report and shall initiate such
20legislation or other action as it deems necessary.
21    The requirement for reporting to the General Assembly shall
22be satisfied by filing copies of the report with the Speaker,
23the Minority Leader and the Clerk of the House of
24Representatives and the President, the Minority Leader, the
25Secretary of the Senate, the members of the committees required
26to review the report under subsection (c) and the Legislative

 

 

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1Research Unit, as required by Section 3.1 of "An Act to revise
2the law in relation to the General Assembly", approved February
325, 1874, as amended, and filing such additional copies with
4the State Government Report Distribution Center for the General
5Assembly as is required under paragraph (t) of Section 7 of the
6State Library Act.
7(Source: P.A. 84-1438.)
 
8    (30 ILCS 805/9.5 new)
9    Sec. 9.5. Conflicts with the Local Unfunded Mandate
10Exemption Act. In any instances in which this Act conflicts
11with the Local Unfunded Mandate Exemption Act, the Local
12Unfunded Mandate Exemption Act shall control, including but not
13limited to, exemptions set forth in Sections 8.1 and following
14of this Act.