Illinois General Assembly - Full Text of HB2556
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Full Text of HB2556  102nd General Assembly

HB2556 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2556

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Local Public Safety Consent Decree Act. Provides that a unit of local government, its officers, or its representatives may not enter into or amend a consent decree that may adversely impact public safety for a period longer than 10 years without the approval of the General Assembly through the adoption of a joint resolution by the General Assembly. Prohibits the General Assembly from approving the entering into or amendment of a consent decree that may adversely impact public safety for a period exceeding 15 years beyond the establishment of the consent decree. Limits home rule powers. Provides that a unit of local government or resident of a jurisdiction that is subject to a consent decree with a third party, where the consent decree is unlimited as to time, may challenge the reasonableness of an existing consent decree on specified grounds. Provides that the State may not challenge the applicability of the consent decrees of 1972, 1979, and 1983 in Shakman v. Democratic Organization of Cook County or its authority or governance over State operations, absent approval by a joint resolution of the General Assembly. Allows a suit against the State if the State is ever found by a Court to be outside the scope of the Shakman consent decrees and specifies the relief that may be granted in such a suit. Effective immediately.


LRB102 13610 AWJ 18960 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2556LRB102 13610 AWJ 18960 b

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
5Public Safety Consent Decree Act.
 
6    Section 5. Approval of General Assembly.
7    (a) A unit of local government, its officers, or its
8representatives may not enter into or amend a consent decree
9that may adversely impact public safety for a period longer
10than 10 years without the approval of the General Assembly
11through the adoption of a joint resolution by the General
12Assembly.
13    (b) The General Assembly may not approve the entering into
14or amendment of a consent decree may adversely impact public
15safety for a period exceeding 15 years beyond the
16establishment of the consent decree.
17    (c) A home rule unit may not enter into or amend a consent
18decree in a manner inconsistent with this Section. This
19Section is a limitation under subsection (i) of Section 6 of
20Article VII of the Illinois Constitution on the concurrent
21exercise by home rule units of powers and functions exercised
22by the State.
 

 

 

HB2556- 2 -LRB102 13610 AWJ 18960 b

1    Section 10. Challenge to a consent decree with a third
2party. A unit of local government or resident of a
3jurisdiction that is subject to a consent decree with a third
4party, where the consent decree is unlimited as to time, may
5challenge the reasonableness of an existing consent decree on
6the grounds that: (i) continued enforcement of the consent
7decree is unreasonable in view of unforeseen consequences that
8would have materially changed the position of the parties;
9(ii) the consent decree requires a unit of local government,
10its officers, or its representatives to engage in activity
11that is contrary to existing law; or (iii) the consent decree
12infringes on or impairs the civil liberties of legal residents
13in Illinois and such infringements or impairments were not
14properly represented at the time the consent decree was
15negotiated.
 
16    Section 15. Challenges to the Shakman decrees. The State
17of Illinois may not challenge the applicability of the consent
18decrees of 1972, 1979, and 1983 in Shakman v. Democratic
19Organization of Cook County in the U.S. District Court for the
20Northern District of Illinois, Eastern Division, or its
21authority or governance over State operations, absent approval
22by a joint resolution of the General Assembly. If the State of
23Illinois is ever found by a Court to be outside the scope of
24the Shakman consent decrees, then the following apply:
25        (1) Any individual who has been a registered voter in

 

 

HB2556- 3 -LRB102 13610 AWJ 18960 b

1    the State of Illinois for a period of at least 2 years and
2    who has sought employment with the State of Illinois or an
3    individual who is a lawful candidate for political office
4    within the State of Illinois has standing to file a claim
5    against the State of Illinois claim that an individual or
6    entity associated with the State of Illinois has: (i)
7    engaged in patronage hiring; violated employment protocols
8    for non-political hiring; or used State time, resources,
9    or benefits to engage in political activity.
10        (2) In an action filed under paragraph (1), the burden
11    of proof shall be on the State of Illinois that such action
12    has not occurred.
13        (3) Any individual who has been found in connection
14    with the State or unit of local government as a patronage
15    hire, as an individual in a policymaking role for the
16    State or unit of local government, or as a hire exempt from
17    or hired without being subject to an open and competitive
18    hiring process shall be classified as an at-will employee,
19    effective upon such order of the ruling court.
20        (4) An employee who has been found in connection with
21    the State or unit of local government as a patronage hire,
22    as an individual in a policymaking role for the State or
23    unit of local government, or as a hire exempt from or hired
24    without being subject to an open and competitive hiring
25    process under paragraph (3) has no property interest or
26    expectation of due process in connection with future

 

 

HB2556- 4 -LRB102 13610 AWJ 18960 b

1    employment and the employee may be terminated from
2    government employment at any time. Any damages relating to
3    termination shall be limited to no more than 30 days'
4    salary.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.