Full Text of HB3480 99th General Assembly
HB3480ham001 99TH GENERAL ASSEMBLY | Rep. Kelly Burke Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3480
| 2 | | AMENDMENT NO. ______. Amend House Bill 3480 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Mandates Act is amended by changing | 5 | | Sections 4, 7, and 8 and by adding Section 4.5 as follows: | 6 | | (30 ILCS 805/4) (from Ch. 85, par. 2204)
| 7 | | Sec. 4. Collection and maintenance of information | 8 | | concerning state
mandates.
| 9 | | (a) The Department of Commerce and Economic Opportunity, | 10 | | hereafter referred to
as the Department, shall be responsible | 11 | | for:
| 12 | | (1) Collecting and maintaining information on State | 13 | | mandates, including
information required for effective | 14 | | implementation of the provisions of this
Act.
| 15 | | (2) Reviewing local government applications for | 16 | | reimbursement submitted
under this Act in cases in which |
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| 1 | | the General Assembly has appropriated funds
to reimburse | 2 | | local governments for costs associated with the | 3 | | implementation of
a State mandate. In cases in which there | 4 | | is no appropriation for
reimbursement, upon a request for | 5 | | determination of a mandate by a unit of local
government, | 6 | | or more than one unit of local government filing a single | 7 | | request,
other than a school district or a community | 8 | | college district, the Department
shall determine whether a | 9 | | Public Act constitutes a mandate and, if so, the
Statewide | 10 | | cost of implementation.
| 11 | | (3) Hearing complaints or suggestions from local | 12 | | governments and other
affected organizations as to | 13 | | existing or proposed State mandates.
| 14 | | (4) Reporting each year to the Governor and the General | 15 | | Assembly regarding
the administration of provisions of | 16 | | this Act and changes proposed to this
Act.
| 17 | | The Legislative Research Unit shall conduct
public | 18 | | hearings as needed to review the
information collected and the
| 19 | | recommendations made by the Department under this subsection | 20 | | (a). The
Department shall cooperate fully with the Legislative | 21 | | Research Unit, providing any
information, supporting | 22 | | documentation and other assistance required by the
Legislative | 23 | | Research Unit to facilitate the conduct of the
hearing.
| 24 | | (b) Within 2 years following the effective date of this | 25 | | Act,
the Department shall collect and tabulate relevant | 26 | | information as to the
nature and scope of each existing State |
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| 1 | | mandate, including but not
necessarily limited to (i) identity | 2 | | of type of local government and
local government agency or | 3 | | official to whom the mandate is directed;
(ii) whether or not | 4 | | an identifiable local direct cost is necessitated by
the | 5 | | mandate and the estimated annual amount; (iii) extent of State
| 6 | | financial participation, if any, in meeting identifiable | 7 | | costs;
(iv) State agency, if any, charged with supervising the | 8 | | implementation
of the mandate; and (v) a brief description of | 9 | | the mandate and a citation of
its origin in statute or | 10 | | regulation.
| 11 | | (c) The resulting information from subsection (b) shall
be | 12 | | published in a catalog
available to members of the General | 13 | | Assembly, State and local officials,
and interested citizens. | 14 | | As new mandates are enacted they shall be added
to the catalog, | 15 | | and each January 31 the Department shall list each new
mandate | 16 | | enacted at the preceding session of the General Assembly, and
| 17 | | the estimated additional identifiable direct costs, if any | 18 | | imposed upon
local governments. A revised version of the | 19 | | catalog shall be published
every 2 years beginning with the | 20 | | publication date of the first catalog.
The resulting | 21 | | information from Section 2-3.104 of the School Code shall be | 22 | | added to the catalog published every 2 years by the Department, | 23 | | beginning with the publication of the 2016 State Mandates | 24 | | Catalog.
| 25 | | (d) Failure of the General Assembly to appropriate adequate
| 26 | | funds for reimbursement as required by this Act shall not |
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| 1 | | relieve the
Department of Commerce and Economic Opportunity | 2 | | from
its obligations under this
Section.
| 3 | | (Source: P.A. 93-632, eff. 2-1-04.)
| 4 | | (30 ILCS 805/4.5 new) | 5 | | Sec. 4.5. Collection and maintenance of information | 6 | | concerning State mandates for schools. | 7 | | (a) The State Board of Education, shall be responsible for | 8 | | providing an annual report, as provided for in Section 2-3.104 | 9 | | of the School Code. | 10 | | (b) Failure of the General Assembly to appropriate adequate | 11 | | funds for reimbursement as required by this Act shall not | 12 | | relieve the State Board of Education from its obligations under | 13 | | this Section.
| 14 | | (30 ILCS 805/7) (from Ch. 85, par. 2207)
| 15 | | Sec. 7. Review of Existing Mandates. (a) Concurrently with , | 16 | | or within
3 months subsequent to the publication of a catalog | 17 | | of State mandates as
prescribed in subsection (b) of Section 4 | 18 | | and in Section 4.5, the Department and the State Board of | 19 | | Education shall submit to
the Governor and the General Assembly | 20 | | a review and report on mandates enacted
prior to the effective | 21 | | date of this Act and remaining in effect at the time of | 22 | | submittal
of the report. The State Board of Education shall | 23 | | submit the review of existing mandates concurrently with the | 24 | | publication referred to in Section 2-3.104 of the School Code.
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| 1 | | (b) The report shall include for each mandate the | 2 | | following: (1) The factual
information specified in subsection | 3 | | (b) of Section 4 for the catalog; (2)
extent to which the | 4 | | enactment of the mandate was requested, supported, encouraged
| 5 | | or opposed by local governments or their respective | 6 | | organization;
(3) whether the mandate continues to meet a | 7 | | Statewide policy objective or
has achieved the initial policy | 8 | | intent in whole or in part; (4) amendments
if any are required | 9 | | to make the mandate more effective; (5) whether the mandate
| 10 | | should be retained or rescinded; (6) whether State financial | 11 | | participation
in helping meet the identifiable increased local | 12 | | costs arising from the
mandate should be initiated, and if so, | 13 | | recommended ratios and phasing-in
schedules; and (7) any other | 14 | | information or recommendations which the
Department considers | 15 | | pertinent.
| 16 | | (c) The appropriate committee of each house of the General | 17 | | Assembly shall
review the report and shall initiate such | 18 | | legislation or other action as
it deems necessary.
| 19 | | The requirement for reporting to the General Assembly shall | 20 | | be satisfied
by filing copies of the report with the Speaker, | 21 | | the Minority Leader and
the Clerk of the House of | 22 | | Representatives and the President, the Minority
Leader, the | 23 | | Secretary of the Senate, the members of the committees required
| 24 | | to review the report under subsection (c) and the Legislative | 25 | | Research
Unit, as
required by Section 3.1 of "An Act to revise | 26 | | the law in relation to the
General Assembly", approved February |
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| 1 | | 25, 1874, as amended, and filing such
additional copies with | 2 | | the State Government Report Distribution Center for
the General | 3 | | Assembly as is required under paragraph (t) of Section 7 of
the | 4 | | State Library Act.
| 5 | | (Source: P.A. 84-1438.)
| 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 |
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| 1 | | mandates, and personnel mandates, as
specified in Section 6, | 2 | | subsections (b), (c), (d) and (e), unless the
exclusion | 3 | | provided for in this Section are explicitly stated in the Act
| 4 | | establishing the mandate. In the event that funding is not | 5 | | provided for
a State-mandated program by the General Assembly, | 6 | | the local government
may implement or continue the program upon | 7 | | approval of its governing
body. If the local government | 8 | | approves the program and funding is
subsequently provided, the | 9 | | State shall reimburse the local governments
only for costs | 10 | | incurred subsequent to the funding.
| 11 | | (b) Reimbursement Estimation and Appropriation Procedure.
| 12 | | (1) When a
bill is introduced in the General Assembly, | 13 | | the Legislative Reference
Bureau, hereafter referred to as | 14 | | the Bureau, shall determine whether
such bill may require | 15 | | reimbursement to local governments pursuant to
this Act. | 16 | | The Bureau shall make such determination known in the | 17 | | Legislative
Synopsis and Digest.
| 18 | | In making the determination required by this | 19 | | subsection (b) the
Bureau shall disregard any provision in | 20 | | a bill which would make
inoperative the reimbursement | 21 | | requirements of Section 6 above, including
an express | 22 | | exclusion of the applicability of this Act, and shall
make | 23 | | the determination irrespective of any such provision.
| 24 | | (2) Any bill or amended bill which creates or expands a | 25 | | State mandate
shall be subject to the provisions of "An Act | 26 | | requiring fiscal notes in
relation to certain bills", |
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| 1 | | 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 , | 10 | | including estimated implementation cost data and analysis | 11 | | generated by school districts, if available and | 12 | | applicable . In the case of bills having a
potential fiscal | 13 | | impact on community college districts, the fiscal note
| 14 | | shall be prepared by the Illinois Community College Board. | 15 | | Such fiscal
note shall accompany the bill that requires | 16 | | State reimbursement
and shall be prepared prior to any | 17 | | final action on such a bill by the
assigned committee. | 18 | | However, if a fiscal note is not filed by the appropriate
| 19 | | agency within 30 days of introduction of a bill, the bill | 20 | | can be heard in
committee and advanced to the order of | 21 | | second reading. The bill shall then
remain on second | 22 | | reading until a fiscal note is filed. A bill discharged
| 23 | | from committee shall also remain on second reading until a | 24 | | fiscal note is
provided by the appropriate agency.
| 25 | | (3) The estimate required by paragraph (2) above, shall | 26 | | include the
amount estimated to be required during the |
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| 1 | | first fiscal year of a bill's
operation in order to | 2 | | reimburse local governments pursuant to Section 6,
for | 3 | | costs mandated by such bill. In the event that the | 4 | | effective
date of such a bill is not the first day of the | 5 | | fiscal year the
estimate shall also include the amount | 6 | | estimated to be required for
reimbursement for the next | 7 | | following full fiscal year.
| 8 | | (4) For the initial fiscal year, reimbursement funds | 9 | | shall be
provided as follows: (i) any statute mandating | 10 | | such costs shall have a
companion appropriation bill, and | 11 | | (ii) any executive order mandating
such costs shall be | 12 | | accompanied by a bill to appropriate the funds
therefor, | 13 | | or, alternatively an appropriation for such funds shall be
| 14 | | included in the executive budget for the next following | 15 | | fiscal year.
| 16 | | In subsequent fiscal years appropriations for such | 17 | | costs shall be
included in the Governor's budget or | 18 | | supplemental appropriation bills.
| 19 | | (c) Reimbursement Application and Disbursement Procedure.
| 20 | | (1) For
the initial fiscal year during which | 21 | | reimbursement is authorized, each
local government, or | 22 | | more than one local government wishing to join in filing
a | 23 | | single claim, believing itself to be entitled to | 24 | | reimbursement under
this Act shall submit to the | 25 | | Department, State Superintendent of
Education or Illinois | 26 | | Community College Board within 60 days of the
effective |
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| 1 | | date of the mandate a claim for reimbursement accompanied | 2 | | by
its estimate of the increased costs required by the | 3 | | mandate for the
balance of the fiscal year. The Department, | 4 | | State Superintendent of
Education or Illinois Community | 5 | | College Board shall review such claim
and estimate, shall | 6 | | apportion the claim into 3 equal installments and
shall | 7 | | direct the Comptroller to pay the installments
at equal | 8 | | intervals throughout the remainder of the fiscal year from
| 9 | | the funds appropriated for such purposes, provided that the | 10 | | Department,
State Superintendent of Education or Illinois | 11 | | Community College Board
may (i) audit the records of any | 12 | | local government to verify the actual
amount of the | 13 | | mandated cost, and (ii) reduce any claim determined to be
| 14 | | excessive or unreasonable.
| 15 | | (2) For the subsequent fiscal years, local governments | 16 | | shall submit
claims as specified above on or before October | 17 | | 1 of each year. The
Department, State Superintendent of | 18 | | Education or Illinois Community
College Board shall | 19 | | apportion the claims into 3 equal installments and
shall | 20 | | direct the Comptroller to pay the first installment upon | 21 | | approval
of the claims, with subsequent installments to | 22 | | follow on January 1 and March
1, such claims to be paid | 23 | | from funds
appropriated therefor, provided that the | 24 | | Department, State
Superintendent of Education or Illinois | 25 | | Community College Board (i) may
audit the records of any | 26 | | local governments to verify the actual amount
of the |
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| 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.
| 13 | | (1) Local governments may appeal determinations made | 14 | | by State agencies
acting pursuant to subsection (c) above. | 15 | | The
appeal must be submitted to the State Mandates Board of | 16 | | Review created by
Section 9.1 of this Act within 60 days | 17 | | following the date of receipt of the
determination being | 18 | | appealed. The appeal must include evidence as to the
extent | 19 | | to which the mandate has been carried out in an effective | 20 | | manner and
executed without recourse to standards of | 21 | | staffing or expenditure higher than
specified in the | 22 | | mandatory statute, if such standards are specified in the
| 23 | | statute. The State Mandates Board of Review, after | 24 | | reviewing
the evidence submitted to it, may increase or | 25 | | reduce the amount of a
reimbursement claim. The decision of | 26 | | the State Mandates Board of Review shall be final subject |
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| 1 | | to judicial review. However, if sufficient
funds have not | 2 | | been appropriated, the Department shall notify the General
| 3 | | Assembly of such cost, and appropriations for such costs | 4 | | shall be included in a
supplemental appropriation bill.
| 5 | | (2) A local government may also appeal directly to the | 6 | | State Mandates
Board of Review in those situations in which | 7 | | the Department of Commerce and
Economic Opportunity or | 8 | | State Board of Education does not act upon the local | 9 | | government's application for
reimbursement or request for | 10 | | mandate determination submitted under this Act.
The appeal | 11 | | must include evidence that the application for | 12 | | reimbursement or
request for mandate determination was
| 13 | | properly filed and should have been reviewed by the | 14 | | Department or State Board of Education .
| 15 | | An appeal may be made to the Board if the Department | 16 | | does not respond to a
local government's application for | 17 | | reimbursement or request for mandate
determination within | 18 | | 120 days after filing
the application or request. In no | 19 | | case, however, may an appeal be brought more
than one year | 20 | | after the application or request is filed with the | 21 | | Department.
| 22 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 23 | | Section 10. The School Code is amended by changing Section | 24 | | 2-3.104 as follows:
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| 1 | | (105 ILCS 5/2-3.104) (from Ch. 122, par. 2-3.104)
| 2 | | Sec. 2-3.104. State mandate reports. The State Board of | 3 | | Education shall
prepare an annual report listing all State | 4 | | mandates applicable to the
common schools during the school | 5 | | year covered by the report, excluding only
those mandates that | 6 | | relate to school elections. The annual report shall
set forth | 7 | | for each listed mandate : | 8 | | (1) the date or approximate date that the
mandate | 9 | | became effective ; | 10 | | (2) and the cost of implementing the that mandate | 11 | | during
the school year covered by the report; provided that | 12 | | if the mandate has not
been in effect for the entire school | 13 | | year covered by the report, the
estimated annual cost of | 14 | | implementing that mandate shall be set forth in
that | 15 | | report ; , | 16 | | (3) whether or not an identifiable local direct cost is | 17 | | necessitated by the mandate and the estimated annual | 18 | | amount; | 19 | | (4) a brief description of the mandate and a citation | 20 | | of its origin in statute or rule; | 21 | | (5) the extent of State or federal financial | 22 | | participation, if any, in meeting identifiable costs; and | 23 | | (6) the State agency, if any, charged with supervising | 24 | | the implementation of the mandate. | 25 | | If and provided that if the mandate exists because of a | 26 | | federal
law, rule or regulation, the report shall note that |
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| 1 | | fact. | 2 | | The State Board
of Education shall highlight on each annual
| 3 | | report each mandate listed thereon that first became effective | 4 | | and
applicable to the common schools during the school year | 5 | | covered by the current
annual report. If applicable, the report | 6 | | shall identify the type of school district or cooperative or | 7 | | other type of school as defined under this Code affected by or | 8 | | to which the mandate is directed. | 9 | | Each annual report prepared by the State Board of
| 10 | | Education shall be presented at a public meeting of the State | 11 | | Board, allowing for public comment, posted on the State Board's | 12 | | Internet website, and filed by the State Board of Education | 13 | | with the General
Assembly on or before March 1 of the calendar | 14 | | year , beginning with calendar
year 1992, and shall cover the | 15 | | school year ending during the calendar year
immediately | 16 | | preceding the calendar year in which the annual report is
| 17 | | required to be filed , reporting, as well, each year to the | 18 | | Governor and the General Assembly regarding the administration | 19 | | of provisions of this Section and changes proposed to this | 20 | | Section . The State Board shall make available, upon request of | 21 | | the Department of Commerce and Economic Opportunity, a copy of | 22 | | the annual State Mandates Report for publication in the | 23 | | Department's State Mandates Catalog.
| 24 | | The State Board of Education shall review school district | 25 | | applications for reimbursement submitted pursuant to Section 8 | 26 | | of the State Mandates Act in cases in which the General |
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| 1 | | Assembly has appropriated funds to reimburse school districts | 2 | | for costs associated with the implementation of a State | 3 | | mandate. In cases in which there is no appropriation for | 4 | | reimbursement, upon a request for determination of a mandate by | 5 | | a school district, or more than one school district filing a | 6 | | single request, the State Board shall, in conjunction with an | 7 | | organization established under Article 23 of this Code, | 8 | | determine whether a Public Act constitutes a mandate and, if | 9 | | so, the statewide cost of implementation. | 10 | | (Source: P.A. 87-632; 87-895.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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