Full Text of HB4441 93rd General Assembly
HB4441 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4441
Introduced 02/03/04, by Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
|
30 ILCS 805/8 |
from Ch. 85, par. 2208 |
30 ILCS 805/9.1 |
from Ch. 85, par. 2209.1 |
|
Amends the State Mandates Act. Changes references concerning the implementation of service mandates, tax exemption mandates, and personnel mandates. Provides that the appropriate State entity shall determine within 90 days after receiving a claim for reimbursement whether the claim is reimbursable under the Act and shall notify each local government filing a claim of its determination. If the appropriate State entity fails to notify the local government concerning its claim within 90 days, the local government shall assume the claim is reimbursable. Failure to timely notify the local government relieves the local government of the obligation to implement the mandate. Places identical decision and notification requirements on the State Mandates Board of Review with respect to appeals it handles. Removes provisions authorizing direct appeal to the State Mandates Board of Review if the Department of Commerce and Economic Opportunity does not respond to a claim for reimbursement within 120 days. Provides that members of the State Mandates Board of Review shall have experience in local government finance. Effective immediately.
|
|
|
|
|
A BILL FOR
|
|
|
|
|
HB4441 |
|
LRB093 16631 SJM 42281 b |
|
| 1 |
| AN ACT concerning State mandates.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The State Mandates Act is amended by changing | 5 |
| Sections 8 and 9.1 as follows:
| 6 |
| (30 ILCS 805/8) (from Ch. 85, par. 2208)
| 7 |
| Sec. 8. Exclusions, reimbursement application, review, | 8 |
| appeals, and
adjudication.
| 9 |
| (a) Exclusions: Any of the following circumstances
| 10 |
| inherent to, or associated with, a mandate shall exclude the | 11 |
| State from
reimbursement liability under this Act. If the | 12 |
| mandate (1) accommodates
a request from local governments or | 13 |
| organizations thereof; (2) imposes
additional duties of a | 14 |
| nature which can be carried out by existing staff
and | 15 |
| procedures at no appreciable net cost increase; (3) creates
| 16 |
| additional costs but also provides offsetting savings | 17 |
| resulting in no
aggregate increase in net costs; (4) imposes a | 18 |
| cost that is wholly or
largely recovered from Federal, State or | 19 |
| other external financial aid;
(5) imposes additional annual net | 20 |
| costs of less than $1,000
for each of the several local | 21 |
| governments affected or less than $50,000,
in the aggregate, | 22 |
| for all local governments affected.
| 23 |
| The failure of the General Assembly to make necessary | 24 |
| appropriations
shall relieve the local government of the | 25 |
| obligation to implement any
service mandates, tax exemption | 26 |
| mandates, and personnel mandates, as
specified in Section 3
6 , | 27 |
| subsections (f), (g), and (h)
(b), (c), (d) and (e) , unless the
| 28 |
| exclusion provided for in this Section are explicitly stated in | 29 |
| the Act
establishing the mandate. In the event that funding is | 30 |
| not provided for
a State-mandated program by the General | 31 |
| Assembly, the local government
may implement or continue the | 32 |
| program upon approval of its governing
body. If the local |
|
|
|
HB4441 |
- 2 - |
LRB093 16631 SJM 42281 b |
|
| 1 |
| government approves the program and funding is
subsequently | 2 |
| provided, the State shall reimburse the local governments
only | 3 |
| for costs incurred subsequent to the funding.
| 4 |
| (b) Reimbursement Estimation and Appropriation Procedure.
| 5 |
| (1) When a
bill is introduced in the General Assembly, | 6 |
| the Legislative Reference
Bureau, hereafter referred to as | 7 |
| the Bureau, shall determine whether
such bill may require | 8 |
| reimbursement to local governments pursuant to
this Act. | 9 |
| The Bureau shall make such determination known in the | 10 |
| Legislative
Synopsis and Digest.
| 11 |
| In making the determination required by this | 12 |
| subsection (b) the
Bureau shall disregard any provision in | 13 |
| a bill which would make
inoperative the reimbursement | 14 |
| requirements of Section 6 above, including
an express | 15 |
| exclusion of the applicability of this Act, and shall
make | 16 |
| the determination irrespective of any such provision.
| 17 |
| (2) Any bill or amended bill which creates or expands a | 18 |
| State mandate
shall be subject to the provisions of "An Act | 19 |
| requiring fiscal notes in
relation to certain bills", | 20 |
| approved June 4, 1965, as amended. The fiscal
notes for | 21 |
| such bills or amended bills shall include estimates of the | 22 |
| costs
to local government and the costs of any | 23 |
| reimbursement required under this
Act. In the case of bills | 24 |
| having a potential fiscal impact on units
of local | 25 |
| government, the fiscal note shall be prepared by the | 26 |
| Department.
In the case of bills having a potential
fiscal | 27 |
| impact on school districts, the fiscal note shall be | 28 |
| prepared by
the State Superintendent of Education. In the | 29 |
| case of bills having a
potential fiscal impact on community | 30 |
| college districts, the fiscal note
shall be prepared by the | 31 |
| Illinois Community College Board. Such fiscal
note shall | 32 |
| accompany the bill that requires State reimbursement
and | 33 |
| shall be prepared prior to any final action on such a bill | 34 |
| by the
assigned committee. However, if a fiscal note is not | 35 |
| filed by the appropriate
agency within 30 days of | 36 |
| introduction of a bill, the bill can be heard in
committee |
|
|
|
HB4441 |
- 3 - |
LRB093 16631 SJM 42281 b |
|
| 1 |
| and advanced to the order of second reading. The bill shall | 2 |
| then
remain on second reading until a fiscal note is filed. | 3 |
| A bill discharged
from committee shall also remain on | 4 |
| second reading until a fiscal note is
provided by the | 5 |
| appropriate agency.
| 6 |
| (3) The estimate required by paragraph (2) above, shall | 7 |
| include the
amount estimated to be required during the | 8 |
| first fiscal year of a bill's
operation in order to | 9 |
| reimburse local governments pursuant to Section 6,
for | 10 |
| costs mandated by such bill. In the event that the | 11 |
| effective
date of such a bill is not the first day of the | 12 |
| fiscal year the
estimate shall also include the amount | 13 |
| estimated to be required for
reimbursement for the next | 14 |
| following full fiscal year.
| 15 |
| (4) For the initial fiscal year, reimbursement funds | 16 |
| shall be
provided as follows: (i) any statute mandating | 17 |
| such costs shall have a
companion appropriation bill, and | 18 |
| (ii) any executive order mandating
such costs shall be | 19 |
| accompanied by a bill to appropriate the funds
therefor, | 20 |
| or, alternatively an appropriation for such funds shall be
| 21 |
| included in the executive budget for the next following | 22 |
| fiscal year.
| 23 |
| In subsequent fiscal years appropriations for such | 24 |
| costs shall be
included in the Governor's budget or | 25 |
| supplemental appropriation bills.
| 26 |
| (c) Reimbursement Application and Disbursement Procedure.
| 27 |
| (1) For
the initial fiscal year during which | 28 |
| reimbursement is authorized, each
local government, or | 29 |
| more than one local government wishing to join in filing
a | 30 |
| single claim, believing itself to be entitled to | 31 |
| reimbursement under
this Act shall submit to the | 32 |
| Department, State Superintendent of
Education or Illinois | 33 |
| Community College Board within 60 days of the
effective | 34 |
| date of the mandate a claim for reimbursement accompanied | 35 |
| by
its estimate of the increased costs required by the | 36 |
| mandate for the
balance of the fiscal year. The Department, |
|
|
|
HB4441 |
- 4 - |
LRB093 16631 SJM 42281 b |
|
| 1 |
| State Superintendent of
Education or Illinois Community | 2 |
| College Board shall review such claim
and estimate and | 3 |
| shall determine within 90 days after receiving a claim | 4 |
| whether the claim is reimbursable or nonreimbursable as | 5 |
| provided for in this Act and shall notify each local | 6 |
| government that files a claim of its determination. Each | 7 |
| local government that files a claim shall assume its claim | 8 |
| is reimbursable if the Department, State Superintendent of | 9 |
| Education, or Illinois Community College Board fails to | 10 |
| notify each local government of its determination within 90 | 11 |
| days after receiving a claim. The failure to notify each | 12 |
| local government shall relieve the local government of the | 13 |
| obligation to implement the mandate. The Department, State | 14 |
| Superintendent of Education, or Illinois Community College | 15 |
| Board
, shall apportion the reimbursable claim into 3 equal | 16 |
| installments and
shall direct the Comptroller to pay the | 17 |
| installments
at equal intervals throughout the remainder | 18 |
| of the fiscal year from
the funds appropriated for such | 19 |
| purposes, provided that the Department,
State | 20 |
| Superintendent of Education or Illinois Community College | 21 |
| Board
may (i) audit the records of any local government to | 22 |
| verify the actual
amount of the mandated cost, and (ii) | 23 |
| reduce any claim determined to be
excessive or | 24 |
| unreasonable.
| 25 |
| (2) For the subsequent fiscal years, local governments | 26 |
| shall submit
claims as specified above on or before October | 27 |
| 1 of each year. The
Department, State Superintendent of | 28 |
| Education or Illinois Community
College Board shall | 29 |
| apportion the claims into 3 equal installments and
shall | 30 |
| direct the Comptroller to pay the first installment upon | 31 |
| approval
of the claims, with subsequent installments to | 32 |
| follow on January 1 and March
1, such claims to be paid | 33 |
| from funds
appropriated therefor, provided that the | 34 |
| Department, State
Superintendent of Education or Illinois | 35 |
| Community College Board (i) may
audit the records of any | 36 |
| local governments to verify the actual amount
of the |
|
|
|
HB4441 |
- 5 - |
LRB093 16631 SJM 42281 b |
|
| 1 |
| mandated cost, (ii) may reduce any claim, determined to be
| 2 |
| excessive or unreasonable, and (iii) shall adjust the | 3 |
| payment to correct
for any underpayments or overpayments | 4 |
| which occurred in the previous
fiscal year.
| 5 |
| (3) Any funds received by a local government pursuant | 6 |
| to this Act
may be used for any public purpose.
| 7 |
| If the funds appropriated for reimbursement of the | 8 |
| costs of local
government
resulting from the creation or | 9 |
| expansion of a State mandate are less than
the total of the | 10 |
| approved claims, the amount appropriated shall be prorated
| 11 |
| among the local governments having approved claims.
| 12 |
| (d) Appeals and Adjudication.
(1) Local governments may | 13 |
| appeal determinations made by State agencies
acting pursuant to | 14 |
| subsection (c) above. The
appeal must be submitted to the State | 15 |
| Mandates Board of Review created by
Section 9.1 of this Act | 16 |
| within 60 days following the date of receipt of the
| 17 |
| determination being appealed. The appeal must include evidence | 18 |
| as to the
extent to which the mandate has been carried out in | 19 |
| an effective manner and
executed without recourse to standards | 20 |
| of staffing or expenditure higher than
specified in the | 21 |
| mandatory statute, if such standards are specified in the
| 22 |
| statute. The State Mandates Board of Review, after reviewing
| 23 |
| the evidence submitted to it, may increase or reduce the amount | 24 |
| of a
reimbursement claim. The decision of the State Mandates | 25 |
| Board of Review shall be made within 90 days after receiving an | 26 |
| appeal and shall be final subject to judicial review. The State | 27 |
| Mandates Board of Review shall notify each local government | 28 |
| that files an appeal of its decision. The failure to notify | 29 |
| each local government of the decision within 90 days after | 30 |
| receiving an appeal shall relieve the local government of the | 31 |
| obligation to implement the mandate. However, if sufficient
| 32 |
| funds have not been appropriated, the Department shall notify | 33 |
| the General
Assembly of such cost, and appropriations for such | 34 |
| costs shall be included in a
supplemental appropriation bill.
| 35 |
| (2) A local government may also appeal directly to the State | 36 |
| Mandates
Board of Review in those situations in which the |
|
|
|
HB4441 |
- 6 - |
LRB093 16631 SJM 42281 b |
|
| 1 |
| Department of Commerce and
Community Affairs does not act upon | 2 |
| the local government's application for
reimbursement or | 3 |
| request for mandate determination submitted under this Act.
The | 4 |
| appeal must include evidence that the application for | 5 |
| reimbursement or
request for mandate determination was
| 6 |
| properly filed and should have been reviewed by the Department.
| 7 |
| An appeal may be made to the Board if the Department does not | 8 |
| respond to a
local government's application for reimbursement | 9 |
| or request for mandate
determination within 120 days after | 10 |
| filing
the application or request. In no case, however, may an | 11 |
| appeal be brought more
than one year after the application or | 12 |
| request is filed with the Department.
| 13 |
| (Source: P.A. 89-304, eff. 8-11-95; 89-626, eff. 8-9-96; | 14 |
| revised 12-6-03.)
| 15 |
| (30 ILCS 805/9.1) (from Ch. 85, par. 2209.1)
| 16 |
| Sec. 9.1. State Mandates Board of Review. Beginning January | 17 |
| 1, 1992
there shall be created the State Mandates Board of | 18 |
| Review which shall
consist of 5 members. The members of the | 19 |
| Board shall be appointed as
follows: 2 members shall be | 20 |
| appointed by the State Comptroller and 3
members shall be | 21 |
| appointed by the Governor, all by and with the advice and
| 22 |
| consent of the Senate. Members shall have experience in local | 23 |
| government finance and shall serve for terms of 2 years ending | 24 |
| on
June 30 of odd numbered years. The members shall choose a | 25 |
| chairman at
their first meeting. The members shall receive | 26 |
| reimbursement for expenses.
| 27 |
| The Board shall hear appeals from local governments | 28 |
| pursuant to this Act.
The Board shall, by rule, prescribe the | 29 |
| procedures for bringing appeals
before it. The Board may apply | 30 |
| to the Legislative Audit Commission to
direct the Auditor | 31 |
| General to audit the records of the local government to
verify | 32 |
| the actual costs of the state-mandated programs. If, after | 33 |
| hearing
the evidence, the Board approves any additional | 34 |
| reimbursement for such
local government, the chairman of the | 35 |
| State Mandates Board of Review shall
notify the agency |
|
|
|
HB4441 |
- 7 - |
LRB093 16631 SJM 42281 b |
|
| 1 |
| responsible for distributing those funds and that agency
shall | 2 |
| direct the Comptroller to disburse such funds, subject to | 3 |
| available
appropriation.
| 4 |
| The Board shall issue an annual report to the General | 5 |
| Assembly which
shall include a description of all appeals heard | 6 |
| by the Board and any
recommendations made by the Board during | 7 |
| the preceding year.
| 8 |
| (Source: P.A. 87-748.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|