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
3everything after the enacting clause with the following:
 
4    "Section 5. The State Mandates Act is amended by changing
5Sections 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
8concerning state mandates.
9    (a) The Department of Commerce and Economic Opportunity,
10hereafter referred to as the Department, shall be responsible
11for:
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
18hearings as needed to review the information collected and the
19recommendations made by the Department under this subsection
20(a). The Department shall cooperate fully with the Legislative
21Research Unit, providing any information, supporting
22documentation and other assistance required by the Legislative
23Research Unit to facilitate the conduct of the hearing.
24    (b) Within 2 years following the effective date of this
25Act, the Department shall collect and tabulate relevant
26information as to the nature and scope of each existing State

 

 

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1mandate, including but not necessarily limited to (i) identity
2of type of local government and local government agency or
3official to whom the mandate is directed; (ii) whether or not
4an identifiable local direct cost is necessitated by the
5mandate and the estimated annual amount; (iii) extent of State
6financial participation, if any, in meeting identifiable
7costs; (iv) State agency, if any, charged with supervising the
8implementation of the mandate; and (v) a brief description of
9the mandate and a citation of its origin in statute or
10regulation.
11    (c) The resulting information from subsection (b) shall be
12published in a catalog available to members of the General
13Assembly, State and local officials, and interested citizens.
14As new mandates are enacted they shall be added to the catalog,
15and each January 31 the Department shall list each new mandate
16enacted at the preceding session of the General Assembly, and
17the estimated additional identifiable direct costs, if any
18imposed upon local governments. A revised version of the
19catalog shall be published every 2 years beginning with the
20publication date of the first catalog. The resulting
21information from Section 2-3.104 of the School Code shall be
22added to the catalog published every 2 years by the Department,
23beginning with the publication of the 2016 State Mandates
24Catalog.
25    (d) Failure of the General Assembly to appropriate adequate
26funds for reimbursement as required by this Act shall not

 

 

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1relieve the Department of Commerce and Economic Opportunity
2from 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
6concerning State mandates for schools.
7    (a) The State Board of Education, shall be responsible for
8providing an annual report, as provided for in Section 2-3.104
9of the School Code.
10    (b) Failure of the General Assembly to appropriate adequate
11funds for reimbursement as required by this Act shall not
12relieve the State Board of Education from its obligations under
13this Section.
 
14    (30 ILCS 805/7)  (from Ch. 85, par. 2207)
15    Sec. 7. Review of Existing Mandates. (a) Concurrently with,
16or within 3 months subsequent to the publication of a catalog
17of State mandates as prescribed in subsection (b) of Section 4
18and in Section 4.5, the Department and the State Board of
19Education shall submit to the Governor and the General Assembly
20a review and report on mandates enacted prior to the effective
21date of this Act and remaining in effect at the time of
22submittal of the report. The State Board of Education shall
23submit the review of existing mandates concurrently with the
24publication 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
2following: (1) The factual information specified in subsection
3(b) of Section 4 for the catalog; (2) extent to which the
4enactment of the mandate was requested, supported, encouraged
5or opposed by local governments or their respective
6organization; (3) whether the mandate continues to meet a
7Statewide policy objective or has achieved the initial policy
8intent in whole or in part; (4) amendments if any are required
9to make the mandate more effective; (5) whether the mandate
10should be retained or rescinded; (6) whether State financial
11participation in helping meet the identifiable increased local
12costs arising from the mandate should be initiated, and if so,
13recommended ratios and phasing-in schedules; and (7) any other
14information or recommendations which the Department considers
15pertinent.
16    (c) The appropriate committee of each house of the General
17Assembly shall review the report and shall initiate such
18legislation or other action as it deems necessary.
19    The requirement for reporting to the General Assembly shall
20be satisfied by filing copies of the report with the Speaker,
21the Minority Leader and the Clerk of the House of
22Representatives and the President, the Minority Leader, the
23Secretary of the Senate, the members of the committees required
24to review the report under subsection (c) and the Legislative
25Research Unit, as required by Section 3.1 of "An Act to revise
26the law in relation to the General Assembly", approved February

 

 

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125, 1874, as amended, and filing such additional copies with
2the State Government Report Distribution Center for the General
3Assembly as is required under paragraph (t) of Section 7 of the
4State 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,
8appeals, and adjudication.
9    (a) Exclusions: Any of the following circumstances
10inherent to, or associated with, a mandate shall exclude the
11State from reimbursement liability under this Act. If the
12mandate (1) accommodates a request from local governments or
13organizations thereof; (2) imposes additional duties of a
14nature which can be carried out by existing staff and
15procedures at no appreciable net cost increase; (3) creates
16additional costs but also provides offsetting savings
17resulting in no aggregate increase in net costs; (4) imposes a
18cost that is wholly or largely recovered from Federal, State or
19other external financial aid; (5) imposes additional annual net
20costs of less than $1,000 for each of the several local
21governments affected or less than $50,000, in the aggregate,
22for all local governments affected.
23    The failure of the General Assembly to make necessary
24appropriations shall relieve the local government of the
25obligation to implement any service mandates, tax exemption

 

 

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1mandates, and personnel mandates, as specified in Section 6,
2subsections (b), (c), (d) and (e), unless the exclusion
3provided for in this Section are explicitly stated in the Act
4establishing the mandate. In the event that funding is not
5provided for a State-mandated program by the General Assembly,
6the local government may implement or continue the program upon
7approval of its governing body. If the local government
8approves the program and funding is subsequently provided, the
9State shall reimburse the local governments only for costs
10incurred 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
242-3.104 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
3Education shall prepare an annual report listing all State
4mandates applicable to the common schools during the school
5year covered by the report, excluding only those mandates that
6relate to school elections. The annual report shall set forth
7for 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
26federal law, rule or regulation, the report shall note that

 

 

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1fact.
2    The State Board of Education shall highlight on each annual
3report each mandate listed thereon that first became effective
4and applicable to the common schools during the school year
5covered by the current annual report. If applicable, the report
6shall identify the type of school district or cooperative or
7other type of school as defined under this Code affected by or
8to which the mandate is directed.
9     Each annual report prepared by the State Board of
10Education shall be presented at a public meeting of the State
11Board, allowing for public comment, posted on the State Board's
12Internet website, and filed by the State Board of Education
13with the General Assembly on or before March 1 of the calendar
14year, beginning with calendar year 1992, and shall cover the
15school year ending during the calendar year immediately
16preceding the calendar year in which the annual report is
17required to be filed, reporting, as well, each year to the
18Governor and the General Assembly regarding the administration
19of provisions of this Section and changes proposed to this
20Section. The State Board shall make available, upon request of
21the Department of Commerce and Economic Opportunity, a copy of
22the annual State Mandates Report for publication in the
23Department's State Mandates Catalog.
24    The State Board of Education shall review school district
25applications for reimbursement submitted pursuant to Section 8
26of the State Mandates Act in cases in which the General

 

 

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1Assembly has appropriated funds to reimburse school districts
2for costs associated with the implementation of a State
3mandate. In cases in which there is no appropriation for
4reimbursement, upon a request for determination of a mandate by
5a school district, or more than one school district filing a
6single request, the State Board shall, in conjunction with an
7organization established under Article 23 of this Code,
8determine whether a Public Act constitutes a mandate and, if
9so, the statewide cost of implementation.
10(Source: P.A. 87-632; 87-895.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".