Bill Text: IL SJRCA0010 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Proposes to amend the Local Government Article of the Illinois Constitution. Requires the State to reimburse units of local government for increased expenses resulting from activities mandated by the General Assembly or State executive action. Exempts mandates requested by a local government or predating the effective date. Makes unfunded mandates unenforceable unless passed by three-fifths of the members elected to each house of the General Assembly and specifically characterized as non-reimbursable. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SJRCA0010 Detail]

Download: Illinois-2011-SJRCA0010-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT SC0010 Introduced 2/9/2011, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
ILCON Art. VII, Sec. 13 new
Proposes to amend the Local Government Article of the Illinois Constitution. Requires the State to reimburse units of local government for increased expenses resulting from activities mandated by the General Assembly or State executive action. Exempts mandates requested by a local government or predating the effective date. Makes unfunded mandates unenforceable unless passed by three-fifths of the members elected to each house of the General Assembly and specifically characterized as non-reimbursable. Effective upon being declared adopted.
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SC0010 LRB097 08292 RCE 48419 e
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL
ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
CONCURRING HEREIN, That there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption of
this resolution a proposition to add Section 13 to Article VII
of the Illinois Constitution as follows:
ARTICLE VII
LOCAL GOVERNMENT
(ILCON Art. VII, Sec. 13 new)
SECTION 13. UNFUNDED MANDATES
(a) If the General Assembly or any State executive action
requires a unit of local government to establish, expand, or
modify its activities in such a way as to necessitate
additional expenditures of revenue by the unit of local
government, then the State must provide funds to reimburse the
unit of local government for the costs necessary to carry out
the mandated requirement, except that the General Assembly may,
but need not, provide funds for the following mandates:
(1) legislatively mandated requirements requested by
the unit of local government affected; and

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(2) legislatively mandated requirements that became
effective before the effective date of this Section or
State executive actions initially implementing legislation
that became effective before the effective date of this
Section.
(b) A mandated requirement that is not funded is not
enforceable while not funded unless the bill implementing the
mandated requirement passed with the concurrence of at least
three-fifths of the members elected to each house of the
General Assembly and specifically states that it is a
non-reimbursable mandate under this subsection.
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.