Bill Text: IL SB2064 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Local Unfunded Mandate Exemption Act. Provides that all units of local government, school districts, and public colleges and universities may, by a majority vote of the governing body, exempt themselves from specified mandates that are unfunded if it is determined that it is not economically feasible to comply with the unfunded mandate. Provides for notice, public hearing, and other requirements in order for a governing body to exempt itself from any mandate. Prohibits exemption from federally required mandates, mandates pertaining to health and public safety, mandates pertaining to civil rights, and instructional mandates for school districts. Provides for appeal procedures by State agencies affected by exempted mandates. Amends the State Mandates Act to make conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-17 - Rule 3-9(a) / Re-referred to Assignments [SB2064 Detail]

Download: Illinois-2017-SB2064-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2064

Introduced 2/10/2017, by Sen. Dale A. Righter

SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 805/9.5 new

Creates the Local Unfunded Mandate Exemption Act. Provides that all units of local government, school districts, and public colleges and universities may, by a majority vote of the governing body, exempt themselves from specified mandates that are unfunded if it is determined that it is not economically feasible to comply with the unfunded mandate. Provides for notice, public hearing, and other requirements in order for a governing body to exempt itself from any mandate. Prohibits exemption from federally required mandates, mandates pertaining to health and public safety, mandates pertaining to civil rights, and instructional mandates for school districts. Provides for appeal procedures by State agencies affected by exempted mandates. Amends the State Mandates Act to make conforming changes.
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A BILL FOR

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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Local
5Unfunded Mandate Exemption Act.
6 Section 5. Definitions. As used in this Act:
7 "Director" means the Director, Secretary, Executive
8Director, or other chief executive officer of a State Agency.
9 "Mandate" means, except as otherwise provided in this Act,
10the following mandates defined in Section 3 of the State
11Mandates Act: (a) local government organization and structure
12mandates; (b) due process mandates; (c) service mandates; and
13(d) personnel mandates.
14 "Public colleges and universities" means public community
15colleges subject to the Public Community College Act, the
16University of Illinois, Southern Illinois University, Chicago
17State University, Eastern Illinois University, Governors State
18University, Illinois State University, Northeastern Illinois
19University, Northern Illinois University, and Western Illinois
20University.
21 "State Agency" has the meaning provided in Section 1-7 of
22the Illinois State Auditing Act.

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1 Section 10. Exemption from unfunded mandates.
2Notwithstanding any other law to the contrary:
3 (a) Units of local government, school districts, and public
4colleges and universities, by resolution or ordinance with a
5three-fifths vote of the governing board, may exempt themselves
6from any unfunded mandate under any law or administrative rule
7if the governing board determines that it is not economically
8feasible to comply with the unfunded mandate. The resolution or
9ordinance shall:
10 (1) state an estimate of the cost of compliance with
11 the unfunded mandate;
12 (2) state how the cost of compliance with an unfunded
13 mandate is not economically feasible and significantly
14 hinders their ability to deliver on the statutory mission
15 of the unit of government, school district, or public
16 college or university;
17 (3) attach documentation in support of paragraphs (1)
18 and (2) of this subsection (a); and
19 (4) certify that the exemption is not prohibited by
20 subsection (b) of this Section.
21 (b) No unit of local government, school district, or public
22college or university may be exempted from an unfunded mandate
23if the mandate is:
24 (1) a federally required mandate;
25 (2) a mandate pertaining to health and public safety to
26 a degree which should not be waived;

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1 (3) a mandate pertaining to local, State, or federal
2 civil rights; or
3 (4) an instructional mandate for a school district.
4 (c) Before a unit of local government, school district, or
5public college or university may lawfully be exempted from an
6unfunded mandate under subsection (a) of this Section, it must
7hold a public hearing on the matter. The unit of local
8government, school district, or public college or university
9must publish a notice of the public hearing's time, date,
10place, and general subject matter at least 7 days prior to the
11hearing in a newspaper of general circulation within the unit
12of local government's, school district's, or public college's
13or university's area and on its website if it has a website.
14 Section 15. Notification to Governor and General Assembly.
15Upon passage of a resolution or ordinance under Section 10 of
16this Act, a copy of the resolution or ordinance, including all
17attached documentation, shall be provided to the Office of the
18Governor, Office of the Senate President, Office of the Senate
19Minority Leader, Office of the Speaker, Office of the Minority
20Leader, and any Director of an affected State Agency within 10
21business days of passage.
22 Section 20. Appeal by a State Agency Director.
23 (a) The Director of any State Agency affected by a mandate
24exemption under Section 10 of this Act can appeal the exemption

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1within 45 days from the date of receipt to the Joint Committee
2on Administrative Rules requesting compliance with the
3unfunded mandate if the Director determines compliance by the
4unit of local government, school district, or public college or
5university is economically feasible and the exemption should be
6voided based upon any of the following:
7 (1) The Director shows that the State does or will
8 provide adequate and direct funding to meet the full cost
9 of compliance with the mandate;
10 (2) The Director shows compliance with the mandate is
11 inherent in the statutory mission of the unit of local
12 government, school district, or public college or
13 university; or
14 (3) The Director shows the mandate cannot be exempted
15 under subsection (b) of Section 10 of this Act.
16 (b) If the Joint Committee on Administrative Rules finds,
17by a majority vote, that the Director has not shown that an
18exemption to a mandate should be voided, the Joint Committee
19shall prepare a written opinion upholding the exemption within
2045 days after receipt of the appeal from the Director.
21 (c) If the Joint Committee on Administrative Rules finds,
22by majority vote, that the Director has shown that an exemption
23to a mandate should be voided, the Joint Committee shall
24prepare a written opinion within 45 days after receipt of the
25appeal from the Director detailing its findings and provide a
26copy of its written findings to the Governor for final review.

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1If the Governor agrees in writing with the findings of the
2Joint Committee, the exemption is void. If the Governor
3disagrees and objects in writing to the findings of the Joint
4Committee, then the Joint Committee may, by a two-thirds vote,
5override the Governor's objection thereby making the exemption
6void. If the Governor's objection is not overridden by the
7Joint Committee, then the exemption shall continue in force.
8 (d) If the Joint Committee on Administrative Rules fails to
9issue a written opinion under subsections (b) and (c) within 45
10days after receipt of the appeal from the Director, the
11exemption is upheld.
12 Section 25. Conflicts with State Mandates Act. In any
13instances in which this Act conflicts with the State Mandates
14Act, this Act shall control.
15 Section 30. The State Mandates Act is amended by adding
16Section 9.5 as follows:
17 (30 ILCS 805/9.5 new)
18 Sec. 9.5. Conflicts with the Local Unfunded Mandate
19Exemption Act. In any instances in which this Act conflicts
20with the Local Unfunded Mandate Exemption Act, the Local
21Unfunded Mandate Exemption Act shall control, including but not
22limited to, exemptions set forth in Sections 8.1 and following
23of this Act.
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