100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0788

 

Introduced , by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
New Act
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 Mandates Act. Provides that, if the Act conflicts with the Local Unfunded Mandate Exemption Act, the Local Unfunded Mandate Exemption Act controls.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0788LRB100 05398 AWJ 15409 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

 

 

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1exemption, within 45 days from the date of receipt of a
2notification under Section 15 of this Act, to the Joint
3Committee on Administrative Rules requesting compliance with
4the unfunded mandate if the Director determines compliance by
5the unit of local government, school district, or public
6college or university is economically feasible and the
7exemption should be voided based upon any of the following:
8        (1) The Director shows that the State does or will
9    provide adequate and direct funding to meet the full cost
10    of compliance with the mandate;
11        (2) The Director shows compliance with the mandate is
12    inherent in the statutory mission of the unit of local
13    government, school district, or public college or
14    university; or
15        (3) The Director shows the mandate cannot be exempted
16    under subsection (b) of Section 10 of this Act.
17    (b) If the Joint Committee on Administrative Rules finds,
18by a majority vote, that the Director has not shown that an
19exemption to a mandate should be voided, the Joint Committee
20shall prepare a written opinion upholding the exemption within
2145 days after receipt of the appeal from the Director.
22    (c) If the Joint Committee on Administrative Rules finds,
23by a majority vote, that the Director has shown that an
24exemption to a mandate should be voided, the Joint Committee
25shall prepare a written opinion within 45 days after receipt of
26the appeal from the Director detailing its findings and provide

 

 

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1a copy of its written findings to the Governor for final
2review. If the Governor agrees in writing with the findings of
3the Joint Committee, the exemption is void. If the Governor
4disagrees and objects in writing to the findings of the Joint
5Committee, then the Joint Committee may, by a two-thirds vote,
6override the Governor's objection thereby making the exemption
7void. If the Governor's objection is not overridden by the
8Joint Committee, then the exemption shall continue in force.
9    (d) If the Joint Committee on Administrative Rules fails to
10issue a written opinion under subsections (b) and (c) within 45
11days after receipt of the appeal from the Director, the
12exemption is upheld.
 
13    Section 25. Conflicts with State Mandates Act. In any
14instances in which this Act conflicts with the State Mandates
15Act, this Act shall control.
 
16    Section 75. The State Mandates Act is amended by adding
17Section 9.5 as follows:
 
18    (30 ILCS 805/9.5 new)
19    Sec. 9.5. Conflicts with the Local Unfunded Mandate
20Exemption Act. In any instances in which this Act conflicts
21with the Local Unfunded Mandate Exemption Act, the Local
22Unfunded Mandate Exemption Act shall control, including, but
23not limited to, exemptions set forth in Sections 8.1 and

 

 

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1following of this Act.