SB1862 100TH GENERAL ASSEMBLY

LRB100 11068 AWJ 21311 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1862

Introduced 2/9/2017, by Sen. Tom Rooney

SYNOPSIS AS INTRODUCED:

30 ILCS 805/9.5 new
65 ILCS 5/8-1-6.5 new

Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality may, by ordinance with a three-fifths vote, exempt the municipality from one unfunded mandate per year if it determines that compliance with the unfunded mandate creates an undue burden on the municipality. Provides for notice, public hearing, and other requirements in order for the corporate authorities to exempt the municipality from a 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. Amends the State Mandates Act making conforming changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Mandates Act is amended by adding Section 9.5 as follows:

(30 ILCS 805/9.5 new)

Sec. 9.5. Municipal unfunded mandate exemption. In any instances in which this Act, including, but not limited to, exemptions set forth in Sections 8.1 and following of this Act, conflicts with Section 8-1-6.5 of the Illinois Municipal Code, Section 8-1-6.5 of the Illinois Municipal Code controls.

Section 10. The Illinois Municipal Code is amended by adding Section 8-1-6.5 as follows:

(65 ILCS 5/8-1-6.5 new)

Sec. 8-1-6.5. Exemption from unfunded mandates.

(a) As used in this Section:

"Director" means the Director, Secretary, Executive Director, or other chief executive officer of a State Agency.

"Mandate" means, except as otherwise provided in this Section, the following mandates defined in Section 3 of the State Mandates Act: (a) local government organization and structure mandates; (b) due process mandates; (c) service mandates; and (d) personnel mandates.

"State Agency" has the meaning provided in Section 1-7 of the Illinois State Auditing Act.

(b) Notwithstanding any other provision of law, the corporate authorities of a municipality may, by ordinance with a three-fifths vote, propose exemption from one unfunded mandate each year under any law or administrative rule if the corporate authorities determines that compliance with the unfunded mandate creates an undue burden on the municipality. The corporate authorities of a municipality may exempt the same, or a different, unfunded mandate each year. The ordinance shall:

(1) state an estimate of the cost of compliance with the unfunded mandate;

(2) state how the cost of compliance with an unfunded mandate creates an undue burden and significantly hinders its ability to deliver on the statutory mission of the municipality;

(3) attach documentation in support of items (1) and (2) of this subsection (b); and

(4) certify that the exemption is not prohibited by subsection (c); and

(5) state that a public hearing will be held, within 30 days after the effective date of the ordinance, regarding the proposed exemption.

(c) A municipality may not be exempted from an unfunded mandate if the mandate is:

(1) a federally required mandate;

(2) a mandate pertaining to health and public safety to a degree which should not be waived; or

(3) a mandate pertaining to local, State, or federal civil rights.

(d) Before a municipality may lawfully be exempted from an unfunded mandate under subsection (b), it must hold a public hearing on the matter. The municipality must publish a notice of the public hearing's time, date, place, and general subject matter at least 7 days prior to the hearing in a newspaper of general circulation within the municipality and on its website, if it has a website. Following the public hearing, the corporate authorities shall approve, by ordinance with a three-fifths vote, or reject the exemption. If approved, the exemption will take effect upon adoption of the ordinance.

(e) Within 10 days of adoption of an ordinance approving an exemption under subsection (d), a copy of the ordinances adopted under subsection (b) and subsection (d), including all attached documentation, shall be provided to the Office of the Governor, Office of the Senate President, Office of the Senate Minority Leader, Office of the Speaker, Office of the Minority Leader, and any Director of an affected State Agency by certified mail.

(f) In any instances in which this Section conflicts with the State Mandates Act, this Section controls.