Full Text of HB4441 93rd General Assembly
HB4441eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning State mandates.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Mandates Act is amended by changing | 5 |
| Sections 8 and 9.1 as follows:
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| (30 ILCS 805/8) (from Ch. 85, par. 2208)
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| Sec. 8. Exclusions, reimbursement application, review, | 8 |
| appeals, and
adjudication.
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| (a) Exclusions: Any of the following circumstances
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| 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
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| 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.
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| 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
6, | 27 |
| subsections
(b), (c), (d) and (e), unless the
exclusion | 28 |
| provided for in this Section are explicitly stated in the Act
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| establishing the mandate. In the event that funding is not | 30 |
| provided for
a State-mandated program by the General Assembly, | 31 |
| the local government
may implement or continue the program upon | 32 |
| approval of its governing
body. If the local government |
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| approves the program and funding is
subsequently provided, the | 2 |
| State shall reimburse the local governments
only for costs | 3 |
| incurred subsequent to the funding.
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| (b) Reimbursement Estimation and Appropriation Procedure.
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| (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.
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| 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.
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| (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 |
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| 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.
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| (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.
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| (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
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| included in the executive budget for the next following | 22 |
| fiscal year.
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| In subsequent fiscal years appropriations for such | 24 |
| costs shall be
included in the Governor's budget or | 25 |
| supplemental appropriation bills.
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| (c) Reimbursement Application and Disbursement Procedure.
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| (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, |
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| 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.
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| (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 |
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| mandated cost, (ii) may reduce any claim, determined to be
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| 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.
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| (3) Any funds received by a local government pursuant | 6 |
| to this Act
may be used for any public purpose.
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| 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
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| among the local governments having approved claims.
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| (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
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| 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
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| statute. The State Mandates Board of Review, after reviewing
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| 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
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| 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.
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| (2) A local government may also appeal directly to the State | 36 |
| Mandates
Board of Review in those situations in which the |
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| 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
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| properly filed and should have been reviewed by the Department.
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| 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.
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| (Source: P.A. 89-304, eff. 8-11-95; 89-626, eff. 8-9-96; | 14 |
| revised 12-6-03.)
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| (30 ILCS 805/9.1) (from Ch. 85, par. 2209.1)
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| 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
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| 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.
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| 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 |
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| responsible for distributing those funds and that agency
shall | 2 |
| direct the Comptroller to disburse such funds, subject to | 3 |
| available
appropriation.
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| 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.
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| (Source: P.A. 87-748.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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