Full Text of HB0567 94th General Assembly
HB0567ham001 94TH GENERAL ASSEMBLY
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Rep. Kathleen A. Ryg
Filed: 4/12/2005
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| AMENDMENT TO HOUSE BILL 567
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| AMENDMENT NO. ______. Amend House Bill 567 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Mandates Act is amended by changing | 5 |
| Sections 3 and 8 as follows:
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| (30 ILCS 805/3) (from Ch. 85, par. 2203)
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| Sec. 3. Definition. As used in this Act:
(a) "Local | 8 |
| government" means a municipality, county, township, other
unit | 9 |
| of local government, school district, or community college
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| district.
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| (b) "State mandate" means any State-initiated
statutory or | 12 |
| executive action that requires a local government to
establish, | 13 |
| expand or modify its activities in such a way as to
necessitate | 14 |
| additional expenditures from local revenues, excluding any
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| order issued by a court other than any order enforcing such
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| statutory or executive action. State mandates may be | 17 |
| reimbursable or
nonreimbursable as provided in this Act. | 18 |
| However, where the General
Assembly enacts legislation to | 19 |
| comply with a federal
mandate, the State shall be exempt from | 20 |
| the requirement of reimbursing
for the cost of the mandated | 21 |
| program.
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| (c) "Local government organization and structure mandate" | 23 |
| means a
State mandate concerning such matters as (1) the form | 24 |
| of local
government and the adoption and revision of statutes |
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| on the organization
of local government; (2) the establishment | 2 |
| of multi-county districts,
councils of governments, or other | 3 |
| forms and structures for interlocal
cooperation and | 4 |
| coordination; (3) the holding of local elections; (4)
the | 5 |
| designation of public officers, and their duties, powers and
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| responsibilities; and (5) the prescription of administrative | 7 |
| practices
and procedures for local governing bodies.
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| (d) "Due process mandate" means a State mandate concerning | 9 |
| such
matters as the (1) administration of justice; (2) | 10 |
| notification and
conduct of public hearings; (3) procedures for | 11 |
| administrative and
judicial review of actions taken by local | 12 |
| governing bodies and (4)
protection of the public from | 13 |
| malfeasance, misfeasance, or nonfeasance
by local government | 14 |
| officials.
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| (e) "Benefit spillover" means the process of accrual of | 16 |
| social or
other benefits from a governmental service to | 17 |
| jurisdictions adjacent to
or beyond the jurisdiction providing | 18 |
| the service.
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| (f) "Service mandate" means a State mandate as to creation | 20 |
| or
expansion of governmental services or delivery standards | 21 |
| therefor and
those applicable to services having substantial | 22 |
| benefit spillover and
consequently being wider than local | 23 |
| concern. For purposes of this Act,
applicable services include | 24 |
| but are not limited to (1) elementary and
secondary education, | 25 |
| (2) community colleges, (3) public health, (4)
hospitals, (5) | 26 |
| public assistance, (6) air pollution control, (7) water
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| pollution control, (8) solid waste treatment and disposal. A | 28 |
| State
mandate that expands the duties of a public official by | 29 |
| requiring the
provision of additional services is a "service | 30 |
| mandate" rather than a
"local government organization and | 31 |
| structure mandate".
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| (g) "Tax exemption mandate" means a State mandate that | 33 |
| exempts
privately owned property or other specified items from | 34 |
| the local tax
base, such as (1) exemption of business |
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| inventories from the local
property tax base, and (2) exemption | 2 |
| of food or medicine from the local
"sales" tax.
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| (h) "Personnel mandate" means a State mandate concerning or
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| affecting local government (1) salaries and wages; (2) employee
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| qualifications and training (except when any civil service | 6 |
| commission,
professional licensing board, or personnel board | 7 |
| or agency established
by State law sets and administers | 8 |
| standards relative to merit-based
recruitment or candidates | 9 |
| for employment or conducts and grades
examinations and rates | 10 |
| candidates in order of their relative excellence
for purposes | 11 |
| of making appointments or promotions to positions in the
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| competitive division of the classified service of the public | 13 |
| employer
served by such commission, board, or agency); (3) | 14 |
| hours, location of
employment, and other working conditions; | 15 |
| and (4) fringe benefits
including insurance, health, medical | 16 |
| care, retirement and other
benefits.
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| (i) "Applicant" means a local government, other than a | 18 |
| school district, that petitions the Department of Commerce and | 19 |
| Economic Opportunity for a waiver or modification of a State | 20 |
| mandate.
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| (Source: P.A. 81-1562.)
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| (30 ILCS 805/8) (from Ch. 85, par. 2208)
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| Sec. 8. Exclusions, reimbursement application, review, | 24 |
| 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 | 27 |
| State from
reimbursement liability under this Act. If the | 28 |
| mandate (1) accommodates
a request from local governments or | 29 |
| organizations thereof; (2) imposes
additional duties of a | 30 |
| nature which can be carried out by existing staff
and | 31 |
| procedures at no appreciable net cost increase; (3) creates
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| additional costs but also provides offsetting savings | 33 |
| resulting in no
aggregate increase in net costs; (4) imposes a |
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| cost that is wholly or
largely recovered from Federal, State or | 2 |
| other external financial aid;
(5) imposes additional annual net | 3 |
| costs of less than $1,000
for each of the several local | 4 |
| governments affected or less than $50,000,
in the aggregate, | 5 |
| for all local governments affected.
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| The failure of the General Assembly to make necessary | 7 |
| appropriations
shall relieve the local government of the | 8 |
| obligation to implement any
service mandates, tax exemption | 9 |
| mandates, and personnel mandates, as
specified in Section 6, | 10 |
| subsections (b), (c), (d) and (e), unless the
exclusion | 11 |
| 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 | 13 |
| provided for
a State-mandated program by the General Assembly, | 14 |
| the local government
may implement or continue the program upon | 15 |
| approval of its governing
body. If the local government | 16 |
| approves the program and funding is
subsequently provided, the | 17 |
| State shall reimburse the local governments
only for costs | 18 |
| 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, | 21 |
| the Legislative Reference
Bureau, hereafter referred to as | 22 |
| the Bureau, shall determine whether
such bill may require | 23 |
| reimbursement to local governments pursuant to
this Act. | 24 |
| The Bureau shall make such determination known in the | 25 |
| Legislative
Synopsis and Digest.
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| In making the determination required by this | 27 |
| subsection (b) the
Bureau shall disregard any provision in | 28 |
| a bill which would make
inoperative the reimbursement | 29 |
| requirements of Section 6 above, including
an express | 30 |
| exclusion of the applicability of this Act, and shall
make | 31 |
| the determination irrespective of any such provision.
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| (2) Any bill or amended bill which creates or expands a | 33 |
| State mandate
shall be subject to the provisions of "An Act | 34 |
| requiring fiscal notes in
relation to certain bills", |
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| approved June 4, 1965, as amended. The fiscal
notes for | 2 |
| such bills or amended bills shall include estimates of the | 3 |
| costs
to local government and the costs of any | 4 |
| reimbursement required under this
Act. In the case of bills | 5 |
| having a potential fiscal impact on units
of local | 6 |
| government, the fiscal note shall be prepared by the | 7 |
| Department.
In the case of bills having a potential
fiscal | 8 |
| impact on school districts, the fiscal note shall be | 9 |
| prepared by
the State Superintendent of Education. In the | 10 |
| case of bills having a
potential fiscal impact on community | 11 |
| college districts, the fiscal note
shall be prepared by the | 12 |
| Illinois Community College Board. Such fiscal
note shall | 13 |
| accompany the bill that requires State reimbursement
and | 14 |
| shall be prepared prior to any final action on such a bill | 15 |
| by the
assigned committee. However, if a fiscal note is not | 16 |
| filed by the appropriate
agency within 30 days of | 17 |
| introduction of a bill, the bill can be heard in
committee | 18 |
| and advanced to the order of second reading. The bill shall | 19 |
| then
remain on second reading until a fiscal note is filed. | 20 |
| A bill discharged
from committee shall also remain on | 21 |
| second reading until a fiscal note is
provided by the | 22 |
| appropriate agency.
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| (3) The estimate required by paragraph (2) above, shall | 24 |
| include the
amount estimated to be required during the | 25 |
| first fiscal year of a bill's
operation in order to | 26 |
| reimburse local governments pursuant to Section 6,
for | 27 |
| costs mandated by such bill. In the event that the | 28 |
| effective
date of such a bill is not the first day of the | 29 |
| fiscal year the
estimate shall also include the amount | 30 |
| estimated to be required for
reimbursement for the next | 31 |
| following full fiscal year.
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| (4) For the initial fiscal year, reimbursement funds | 33 |
| shall be
provided as follows: (i) any statute mandating | 34 |
| such costs shall have a
companion appropriation bill, and |
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| (ii) any executive order mandating
such costs shall be | 2 |
| accompanied by a bill to appropriate the funds
therefor, | 3 |
| or, alternatively an appropriation for such funds shall be
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| included in the executive budget for the next following | 5 |
| fiscal year.
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| In subsequent fiscal years appropriations for such | 7 |
| costs shall be
included in the Governor's budget or | 8 |
| 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 | 11 |
| reimbursement is authorized, each
local government, or | 12 |
| more than one local government wishing to join in filing
a | 13 |
| single claim, believing itself to be entitled to | 14 |
| reimbursement under
this Act shall submit to the | 15 |
| Department, State Superintendent of
Education or Illinois | 16 |
| Community College Board within 60 days of the
effective | 17 |
| date of the mandate a claim for reimbursement accompanied | 18 |
| by
its estimate of the increased costs required by the | 19 |
| mandate for the
balance of the fiscal year. The Department, | 20 |
| State Superintendent of
Education or Illinois Community | 21 |
| College Board shall review such claim
and estimate, shall | 22 |
| apportion the claim into 3 equal installments and
shall | 23 |
| direct the Comptroller to pay the installments
at equal | 24 |
| intervals throughout the remainder of the fiscal year from
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| the funds appropriated for such purposes, provided that the | 26 |
| Department,
State Superintendent of Education or Illinois | 27 |
| Community College Board
may (i) audit the records of any | 28 |
| local government to verify the actual
amount of the | 29 |
| mandated cost, and (ii) reduce any claim determined to be
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| excessive or unreasonable.
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| (2) For the subsequent fiscal years, local governments | 32 |
| shall submit
claims as specified above on or before October | 33 |
| 1 of each year. The
Department, State Superintendent of | 34 |
| Education or Illinois Community
College Board shall |
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| apportion the claims into 3 equal installments and
shall | 2 |
| direct the Comptroller to pay the first installment upon | 3 |
| approval
of the claims, with subsequent installments to | 4 |
| follow on January 1 and March
1, such claims to be paid | 5 |
| from funds
appropriated therefor, provided that the | 6 |
| Department, State
Superintendent of Education or Illinois | 7 |
| Community College Board (i) may
audit the records of any | 8 |
| local governments to verify the actual amount
of the | 9 |
| mandated cost, (ii) may reduce any claim, determined to be
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| excessive or unreasonable, and (iii) shall adjust the | 11 |
| payment to correct
for any underpayments or overpayments | 12 |
| which occurred in the previous
fiscal year.
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| (3) Any funds received by a local government pursuant | 14 |
| to this Act
may be used for any public purpose.
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| If the funds appropriated for reimbursement of the | 16 |
| costs of local
government
resulting from the creation or | 17 |
| expansion of a State mandate are less than
the total of the | 18 |
| 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.
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| (1) Applicants
Local governments may appeal | 22 |
| determinations made by State agencies
acting pursuant to | 23 |
| subsection (c) above. The
appeal must be submitted to the | 24 |
| Department of Commerce and Economic Opportunity for a | 25 |
| waiver or modification of a State Mandate if the applicant | 26 |
| demonstrates that it can address the intent of the rule or | 27 |
| mandate in a more effective, efficient, or economical | 28 |
| manner. An applicant seeking a waiver or modification of a | 29 |
| State Mandate must submit an application that includes a | 30 |
| written request and must demonstrate that the intent of the | 31 |
| mandate can be addressed in a more effective, efficient, or | 32 |
| economical manner. Any applicant requesting a waiver or | 33 |
| modification for the reason that the intent of the mandate | 34 |
| can be addressed in a more economical manner shall include |
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| in the application a fiscal analysis showing current or | 2 |
| expected expenditures on the mandate and projected savings | 3 |
| resulting from the waiver or modification. Applicants and | 4 |
| plans developed by the applicant must be approved by the | 5 |
| corporate authority of the applicant seeking the waiver or | 6 |
| modification following a public hearing on the application | 7 |
| and plan. The public hearing may be held during a regularly | 8 |
| scheduled meeting of the corporate authority. The public | 9 |
| hearing must be preceded by at least one published notice | 10 |
| occurring at least 7 days prior to the hearing in a | 11 |
| newspaper of general circulation within the affected area | 12 |
| that sets forth the time, date, place and general subject | 13 |
| matter of the hearing. | 14 |
| A request for a waiver or modification of a State | 15 |
| Mandate shall be submitted to the Department of Commerce | 16 |
| and Economic Opportunity within 15 days after the approval | 17 |
| by the corporate authority. The application as submitted to | 18 |
| the Department shall include a description of the public | 19 |
| hearing. The description shall included, but need not be | 20 |
| limited to, the means of notice, the number of people in | 21 |
| attendance, the number of people who spoke as proponents or | 22 |
| opponents of the waiver, a brief description of their | 23 |
| comments and whether there were any written statements | 24 |
| submitted. The Department shall review the applications | 25 |
| and requests for completeness, with the assistance of the | 26 |
| Illinois Community College Board, and shall compile the | 27 |
| requests in reports to be filed with the General Assembly. | 28 |
| The Department shall file reports outlining the | 29 |
| waivers requested with the Senate and the House of | 30 |
| Representatives before each May 1 and October 1. The | 31 |
| General Assembly may disapprove the report of the | 32 |
| Department in whole or in part within 30 calendar days | 33 |
| after each house of the General Assembly next convenes | 34 |
| after the report is filed by adoption of a resolution by a |
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| record vote of the majority of members elected in each | 2 |
| house. If the General Assembly fails to disapprove any | 3 |
| waiver request within that 30 day period, the waiver or | 4 |
| modification shall be deemed granted. Any resolution | 5 |
| adopted by the General Assembly disapproving a report of | 6 |
| the Department in whole or in part shall be binding on the | 7 |
| Department. | 8 |
| (2) On or before February 1 of each year, the | 9 |
| Department shall submit a cumulative report summarizing | 10 |
| all types of waivers or modifications of State Mandates | 11 |
| granted by the General Assembly. The report shall identify | 12 |
| the topic of the waiver along with the number and | 13 |
| percentage of applicants for which the waiver has been | 14 |
| granted.
State Mandates Board of Review created by
Section | 15 |
| 9.1 of this Act within 60 days following the date of | 16 |
| receipt of the
determination being appealed. The appeal | 17 |
| must include evidence as to the
extent to which the mandate | 18 |
| has been carried out in an effective manner and
executed | 19 |
| without recourse to standards of staffing or expenditure | 20 |
| higher than
specified in the mandatory statute, if such | 21 |
| standards are specified in the
statute. The State Mandates | 22 |
| Board of Review, after reviewing
the evidence submitted to | 23 |
| it, may increase or reduce the amount of a
reimbursement | 24 |
| claim. The decision of the State Mandates Board of Review | 25 |
| shall be final subject to judicial review. However, if | 26 |
| sufficient
funds have not been appropriated, the | 27 |
| Department shall notify the General
Assembly of such cost, | 28 |
| and appropriations for such costs shall be included in a
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| supplemental appropriation bill.
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| ( 2) A local government may also appeal directly to the | 31 |
| State Mandates
Board of Review in those situations in which | 32 |
| the Department of Commerce and
Community Affairs does not | 33 |
| act upon the local government's application for
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| reimbursement or request for mandate determination |
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| submitted under this Act.
The appeal must include evidence | 2 |
| that the application for reimbursement or
request for | 3 |
| mandate determination was
properly filed and should have | 4 |
| been reviewed by the Department.
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| An appeal may be made to the Board if the Department | 6 |
| does not respond to a
local government's application for | 7 |
| reimbursement or request for mandate
determination within | 8 |
| 120 days after filing
the application or request. In no | 9 |
| case, however, may an appeal be brought more
than one year | 10 |
| after the application or request is filed with the | 11 |
| Department.
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| (Source: P.A. 89-304, eff. 8-11-95; 89-626, eff. 8-9-96; | 13 |
| revised 12-6-03.)".
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