97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0010

 

Introduced 2/9/2011, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VII, Sec. 13 new

    Proposes to amend the Local Government Article of the Illinois Constitution. Requires the State to reimburse units of local government for increased expenses resulting from activities mandated by the General Assembly or State executive action. Exempts mandates requested by a local government or predating the effective date. Makes unfunded mandates unenforceable unless passed by three-fifths of the members elected to each house of the General Assembly and specifically characterized as non-reimbursable. Effective upon being declared adopted.


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1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
5CONCURRING HEREIN, That there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to add Section 13 to Article VII
9of the Illinois Constitution as follows:
 
10
ARTICLE VII
11
LOCAL GOVERNMENT

12    (ILCON Art. VII, Sec. 13 new)
13SECTION 13. UNFUNDED MANDATES
14    (a) If the General Assembly or any State executive action
15requires a unit of local government to establish, expand, or
16modify its activities in such a way as to necessitate
17additional expenditures of revenue by the unit of local
18government, then the State must provide funds to reimburse the
19unit of local government for the costs necessary to carry out
20the mandated requirement, except that the General Assembly may,
21but need not, provide funds for the following mandates:
22        (1) legislatively mandated requirements requested by
23    the unit of local government affected; and

 

 

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1        (2) legislatively mandated requirements that became
2    effective before the effective date of this Section or
3    State executive actions initially implementing legislation
4    that became effective before the effective date of this
5    Section.
6    (b) A mandated requirement that is not funded is not
7enforceable while not funded unless the bill implementing the
8mandated requirement passed with the concurrence of at least
9three-fifths of the members elected to each house of the
10General Assembly and specifically states that it is a
11non-reimbursable mandate under this subsection.
 
12
SCHEDULE
13    This Constitutional Amendment takes effect upon being
14declared adopted in accordance with Section 7 of the Illinois
15Constitutional Amendment Act.