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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3480 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED:
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| 30 ILCS 805/4 | from Ch. 85, par. 2204 | 30 ILCS 805/4.5 new | | 30 ILCS 805/7 | from Ch. 85, par. 2207 | 30 ILCS 805/8 | from Ch. 85, par. 2208 | 105 ILCS 5/2-3.104 | from Ch. 122, par. 2-3.104 |
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Amends the State Mandate Act. Specifies that failure of the General Assembly to appropriate adequate funds for reimbursement shall not relieve the State Board of Education from its obligations. Requires that fiscal notes on education bills creating State mandates include actual implementation cost data and analysis generated by school districts. Amends the School Code. Specifies additional factors that the State Board's annual report listing State mandates shall identify. Authorizes the State Board to make available a copy for publication. Provides that the State Board shall review school district applications for reimbursement. Permits the State Board, in cases in which there is no appropriation for reimbursement, to determine whether a Public Act constitutes a mandate. Authorizes the Legislative Research Unit to conduct public hearings. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The State Mandates Act is amended by changing |
| 5 | | Sections 4, 7, and 8 and by adding Section 4.5 as follows:
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| 6 | | (30 ILCS 805/4) (from Ch. 85, par. 2204)
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| 7 | | Sec. 4. Collection and maintenance of information |
| 8 | | concerning state
mandates.
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| 9 | | (a) The Department of Commerce and Economic Opportunity, |
| 10 | | hereafter referred to
as the Department, shall be responsible |
| 11 | | for:
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| 12 | | (1) Collecting and maintaining information on State |
| 13 | | mandates, including
information required for effective |
| 14 | | implementation of the provisions of this
Act.
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| 15 | | (2) Reviewing local government applications for |
| 16 | | reimbursement submitted
under this Act in cases in which |
| 17 | | the General Assembly has appropriated funds
to reimburse |
| 18 | | local governments for costs associated with the |
| 19 | | implementation of
a State mandate. In cases in which there |
| 20 | | is no appropriation for
reimbursement, upon a request for |
| 21 | | determination of a mandate by a unit of local
government, |
| 22 | | or more than one unit of local government filing a single |
| 23 | | request,
other than a school district or a community |
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| 1 | | college district, the Department
shall determine whether a |
| 2 | | Public Act constitutes a mandate and, if so, the
Statewide |
| 3 | | cost of implementation.
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| 4 | | (3) Hearing complaints or suggestions from local |
| 5 | | governments and other
affected organizations as to |
| 6 | | existing or proposed State mandates.
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| 7 | | (4) Reporting each year to the Governor and the General |
| 8 | | Assembly regarding
the administration of provisions of |
| 9 | | this Act and changes proposed to this
Act.
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| 10 | | The Legislative Research Unit shall conduct
public |
| 11 | | hearings as needed to review the
information collected and the
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| 12 | | recommendations made by the Department under this subsection |
| 13 | | (a). The
Department shall cooperate fully with the Legislative |
| 14 | | Research Unit, providing any
information, supporting |
| 15 | | documentation and other assistance required by the
Legislative |
| 16 | | Research Unit to facilitate the conduct of the
hearing.
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| 17 | | (b) Within 2 years following the effective date of this |
| 18 | | Act,
the Department shall collect and tabulate relevant |
| 19 | | information as to the
nature and scope of each existing State |
| 20 | | mandate, including but not
necessarily limited to (i) identity |
| 21 | | of type of local government and
local government agency or |
| 22 | | official to whom the mandate is directed;
(ii) whether or not |
| 23 | | an identifiable local direct cost is necessitated by
the |
| 24 | | mandate and the estimated annual amount; (iii) extent of State
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| 25 | | financial participation, if any, in meeting identifiable |
| 26 | | costs;
(iv) State agency, if any, charged with supervising the |
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| 1 | | implementation
of the mandate; and (v) a brief description of |
| 2 | | the mandate and a citation of
its origin in statute or |
| 3 | | regulation.
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| 4 | | (c) The resulting information from subsection (b) shall
be |
| 5 | | published in a catalog
available to members of the General |
| 6 | | Assembly, State and local officials,
and interested citizens. |
| 7 | | As new mandates are enacted they shall be added
to the catalog, |
| 8 | | and each January 31 the Department shall list each new
mandate |
| 9 | | enacted at the preceding session of the General Assembly, and
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| 10 | | the estimated additional identifiable direct costs, if any |
| 11 | | imposed upon
local governments. A revised version of the |
| 12 | | catalog shall be published
every 2 years beginning with the |
| 13 | | publication date of the first catalog.
The resulting |
| 14 | | information from Section 2-3.104 of the School Code shall be |
| 15 | | added to the catalog published every 2 years by the Department, |
| 16 | | beginning with the publication of the 2016 State Mandates |
| 17 | | Catalog.
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| 18 | | (d) Failure of the General Assembly to appropriate adequate
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| 19 | | funds for reimbursement as required by this Act shall not |
| 20 | | relieve the
Department of Commerce and Economic Opportunity |
| 21 | | from
its obligations under this
Section.
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| 22 | | (Source: P.A. 93-632, eff. 2-1-04.)
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| 23 | | (30 ILCS 805/4.5 new) |
| 24 | | Sec. 4.5. Collection and maintenance of information |
| 25 | | concerning State mandates for schools. |
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| 1 | | (a) The State Board of Education, shall be responsible for |
| 2 | | providing an annual report, as provided for in Section 2-3.104 |
| 3 | | of the School Code. |
| 4 | | (b) Failure of the General Assembly to appropriate adequate |
| 5 | | funds for reimbursement as required by this Act shall not |
| 6 | | relieve the State Board of Education from its obligations under |
| 7 | | this Section.
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| 8 | | (30 ILCS 805/7) (from Ch. 85, par. 2207)
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| 9 | | Sec. 7. Review of Existing Mandates. (a) Concurrently with, |
| 10 | | or within
3 months subsequent to the publication of a catalog |
| 11 | | of State mandates as
prescribed in subsection (b) of Section 4 |
| 12 | | and in Section 4.5, the Department and the State Board of |
| 13 | | Education shall submit to
the Governor and the General Assembly |
| 14 | | a review and report on mandates enacted
prior to the effective |
| 15 | | date of this Act and remaining in effect at the time of |
| 16 | | submittal
of the report. The State Board of Education shall |
| 17 | | submit the review of existing mandates concurrently with the |
| 18 | | publication referred to in Section 2-3.104 of the School Code.
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| 19 | | (b) The report shall include for each mandate the |
| 20 | | following: (1) The factual
information specified in subsection |
| 21 | | (b) of Section 4 for the catalog; (2)
extent to which the |
| 22 | | enactment of the mandate was requested, supported, encouraged
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| 23 | | or opposed by local governments or their respective |
| 24 | | organization;
(3) whether the mandate continues to meet a |
| 25 | | Statewide policy objective or
has achieved the initial policy |
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| 1 | | intent in whole or in part; (4) amendments
if any are required |
| 2 | | to make the mandate more effective; (5) whether the mandate
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| 3 | | should be retained or rescinded; (6) whether State financial |
| 4 | | participation
in helping meet the identifiable increased local |
| 5 | | costs arising from the
mandate should be initiated, and if so, |
| 6 | | recommended ratios and phasing-in
schedules; and (7) any other |
| 7 | | information or recommendations which the
Department considers |
| 8 | | pertinent.
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| 9 | | (c) The appropriate committee of each house of the General |
| 10 | | Assembly shall
review the report and shall initiate such |
| 11 | | legislation or other action as
it deems necessary.
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| 12 | | The requirement for reporting to the General Assembly shall |
| 13 | | be satisfied
by filing copies of the report with the Speaker, |
| 14 | | the Minority Leader and
the Clerk of the House of |
| 15 | | Representatives and the President, the Minority
Leader, the |
| 16 | | Secretary of the Senate, the members of the committees required
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| 17 | | to review the report under subsection (c) and the Legislative |
| 18 | | Research
Unit, as
required by Section 3.1 of "An Act to revise |
| 19 | | the law in relation to the
General Assembly", approved February |
| 20 | | 25, 1874, as amended, and filing such
additional copies with |
| 21 | | the State Government Report Distribution Center for
the General |
| 22 | | Assembly as is required under paragraph (t) of Section 7 of
the |
| 23 | | State Library Act.
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| 24 | | (Source: P.A. 84-1438.)
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| 25 | | (30 ILCS 805/8) (from Ch. 85, par. 2208)
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| 1 | | Sec. 8. Exclusions, reimbursement application, review, |
| 2 | | appeals, and
adjudication.
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| 3 | | (a) Exclusions: Any of the following circumstances
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| 4 | | inherent to, or associated with, a mandate shall exclude the |
| 5 | | State from
reimbursement liability under this Act. If the |
| 6 | | mandate (1) accommodates
a request from local governments or |
| 7 | | organizations thereof; (2) imposes
additional duties of a |
| 8 | | nature which can be carried out by existing staff
and |
| 9 | | procedures at no appreciable net cost increase; (3) creates
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| 10 | | additional costs but also provides offsetting savings |
| 11 | | resulting in no
aggregate increase in net costs; (4) imposes a |
| 12 | | cost that is wholly or
largely recovered from Federal, State or |
| 13 | | other external financial aid;
(5) imposes additional annual net |
| 14 | | costs of less than $1,000
for each of the several local |
| 15 | | governments affected or less than $50,000,
in the aggregate, |
| 16 | | for all local governments affected.
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| 17 | | The failure of the General Assembly to make necessary |
| 18 | | appropriations
shall relieve the local government of the |
| 19 | | obligation to implement any
service mandates, tax exemption |
| 20 | | mandates, and personnel mandates, as
specified in Section 6, |
| 21 | | subsections (b), (c), (d) and (e), unless the
exclusion |
| 22 | | provided for in this Section are explicitly stated in the Act
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| 23 | | establishing the mandate. In the event that funding is not |
| 24 | | provided for
a State-mandated program by the General Assembly, |
| 25 | | the local government
may implement or continue the program upon |
| 26 | | approval of its governing
body. If the local government |
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| 1 | | approves the program and funding is
subsequently provided, the |
| 2 | | State shall reimburse the local governments
only for costs |
| 3 | | incurred subsequent to the funding.
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| 4 | | (b) Reimbursement Estimation and Appropriation Procedure.
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| 5 | | (1) When a
bill is introduced in the General Assembly, |
| 6 | | the Legislative Reference
Bureau, hereafter referred to as |
| 7 | | the Bureau, shall determine whether
such bill may require |
| 8 | | reimbursement to local governments pursuant to
this Act. |
| 9 | | The Bureau shall make such determination known in the |
| 10 | | Legislative
Synopsis and Digest.
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| 11 | | In making the determination required by this |
| 12 | | subsection (b) the
Bureau shall disregard any provision in |
| 13 | | a bill which would make
inoperative the reimbursement |
| 14 | | requirements of Section 6 above, including
an express |
| 15 | | exclusion of the applicability of this Act, and shall
make |
| 16 | | the determination irrespective of any such provision.
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| 17 | | (2) Any bill or amended bill which creates or expands a |
| 18 | | State mandate
shall be subject to the provisions of "An Act |
| 19 | | requiring fiscal notes in
relation to certain bills", |
| 20 | | approved June 4, 1965, as amended. The fiscal
notes for |
| 21 | | such bills or amended bills shall include estimates of the |
| 22 | | costs
to local government and the costs of any |
| 23 | | reimbursement required under this
Act. In the case of bills |
| 24 | | having a potential fiscal impact on units
of local |
| 25 | | government, the fiscal note shall be prepared by the |
| 26 | | Department.
In the case of bills having a potential
fiscal |
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| 1 | | impact on school districts, the fiscal note shall be |
| 2 | | prepared by
the State Superintendent of Education, |
| 3 | | including actual implementation cost data and analysis |
| 4 | | generated by school districts. In the case of bills having |
| 5 | | a
potential fiscal impact on community college districts, |
| 6 | | the fiscal note
shall be prepared by the Illinois Community |
| 7 | | College Board. Such fiscal
note shall accompany the bill |
| 8 | | that requires State reimbursement
and shall be prepared |
| 9 | | prior to any final action on such a bill by the
assigned |
| 10 | | committee. However, if a fiscal note is not filed by the |
| 11 | | appropriate
agency within 30 days of introduction of a |
| 12 | | bill, the bill can be heard in
committee and advanced to |
| 13 | | the order of second reading. The bill shall then
remain on |
| 14 | | second reading until a fiscal note is filed. A bill |
| 15 | | discharged
from committee shall also remain on second |
| 16 | | reading until a fiscal note is
provided by the appropriate |
| 17 | | agency.
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| 18 | | (3) The estimate required by paragraph (2) above, shall |
| 19 | | include the
amount estimated to be required during the |
| 20 | | first fiscal year of a bill's
operation in order to |
| 21 | | reimburse local governments pursuant to Section 6,
for |
| 22 | | costs mandated by such bill. In the event that the |
| 23 | | effective
date of such a bill is not the first day of the |
| 24 | | fiscal year the
estimate shall also include the amount |
| 25 | | estimated to be required for
reimbursement for the next |
| 26 | | following full fiscal year.
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| 1 | | (4) For the initial fiscal year, reimbursement funds |
| 2 | | shall be
provided as follows: (i) any statute mandating |
| 3 | | such costs shall have a
companion appropriation bill, and |
| 4 | | (ii) any executive order mandating
such costs shall be |
| 5 | | accompanied by a bill to appropriate the funds
therefor, |
| 6 | | or, alternatively an appropriation for such funds shall be
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| 7 | | included in the executive budget for the next following |
| 8 | | fiscal year.
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| 9 | | In subsequent fiscal years appropriations for such |
| 10 | | costs shall be
included in the Governor's budget or |
| 11 | | supplemental appropriation bills.
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| 12 | | (c) Reimbursement Application and Disbursement Procedure.
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| 13 | | (1) For
the initial fiscal year during which |
| 14 | | reimbursement is authorized, each
local government, or |
| 15 | | more than one local government wishing to join in filing
a |
| 16 | | single claim, believing itself to be entitled to |
| 17 | | reimbursement under
this Act shall submit to the |
| 18 | | Department, State Superintendent of
Education or Illinois |
| 19 | | Community College Board within 60 days of the
effective |
| 20 | | date of the mandate a claim for reimbursement accompanied |
| 21 | | by
its estimate of the increased costs required by the |
| 22 | | mandate for the
balance of the fiscal year. The Department, |
| 23 | | State Superintendent of
Education or Illinois Community |
| 24 | | College Board shall review such claim
and estimate, shall |
| 25 | | apportion the claim into 3 equal installments and
shall |
| 26 | | direct the Comptroller to pay the installments
at equal |
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| 1 | | intervals throughout the remainder of the fiscal year from
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| 2 | | the funds appropriated for such purposes, provided that the |
| 3 | | Department,
State Superintendent of Education or Illinois |
| 4 | | Community College Board
may (i) audit the records of any |
| 5 | | local government to verify the actual
amount of the |
| 6 | | mandated cost, and (ii) reduce any claim determined to be
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| 7 | | excessive or unreasonable.
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| 8 | | (2) For the subsequent fiscal years, local governments |
| 9 | | shall submit
claims as specified above on or before October |
| 10 | | 1 of each year. The
Department, State Superintendent of |
| 11 | | Education or Illinois Community
College Board shall |
| 12 | | apportion the claims into 3 equal installments and
shall |
| 13 | | direct the Comptroller to pay the first installment upon |
| 14 | | approval
of the claims, with subsequent installments to |
| 15 | | follow on January 1 and March
1, such claims to be paid |
| 16 | | from funds
appropriated therefor, provided that the |
| 17 | | Department, State
Superintendent of Education or Illinois |
| 18 | | Community College Board (i) may
audit the records of any |
| 19 | | local governments to verify the actual amount
of the |
| 20 | | mandated cost, (ii) may reduce any claim, determined to be
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| 21 | | excessive or unreasonable, and (iii) shall adjust the |
| 22 | | payment to correct
for any underpayments or overpayments |
| 23 | | which occurred in the previous
fiscal year.
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| 24 | | (3) Any funds received by a local government pursuant |
| 25 | | to this Act
may be used for any public purpose.
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| 26 | | If the funds appropriated for reimbursement of the |
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| 1 | | costs of local
government
resulting from the creation or |
| 2 | | expansion of a State mandate are less than
the total of the |
| 3 | | approved claims, the amount appropriated shall be prorated
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| 4 | | among the local governments having approved claims.
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| 5 | | (d) Appeals and Adjudication.
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| 6 | | (1) Local governments may appeal determinations made |
| 7 | | by State agencies
acting pursuant to subsection (c) above. |
| 8 | | The
appeal must be submitted to the State Mandates Board of |
| 9 | | Review created by
Section 9.1 of this Act within 60 days |
| 10 | | following the date of receipt of the
determination being |
| 11 | | appealed. The appeal must include evidence as to the
extent |
| 12 | | to which the mandate has been carried out in an effective |
| 13 | | manner and
executed without recourse to standards of |
| 14 | | staffing or expenditure higher than
specified in the |
| 15 | | mandatory statute, if such standards are specified in the
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| 16 | | statute. The State Mandates Board of Review, after |
| 17 | | reviewing
the evidence submitted to it, may increase or |
| 18 | | reduce the amount of a
reimbursement claim. The decision of |
| 19 | | the State Mandates Board of Review shall be final subject |
| 20 | | to judicial review. However, if sufficient
funds have not |
| 21 | | been appropriated, the Department shall notify the General
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| 22 | | Assembly of such cost, and appropriations for such costs |
| 23 | | shall be included in a
supplemental appropriation bill.
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| 24 | | (2) A local government may also appeal directly to the |
| 25 | | State Mandates
Board of Review in those situations in which |
| 26 | | the Department of Commerce and
Economic Opportunity or |
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| 1 | | State Board of Education does not act upon the local |
| 2 | | government's application for
reimbursement or request for |
| 3 | | mandate determination submitted under this Act.
The appeal |
| 4 | | must include evidence that the application for |
| 5 | | reimbursement or
request for mandate determination was
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| 6 | | properly filed and should have been reviewed by the |
| 7 | | Department or State Board of Education.
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| 8 | | An appeal may be made to the Board if the Department |
| 9 | | does not respond to a
local government's application for |
| 10 | | reimbursement or request for mandate
determination within |
| 11 | | 120 days after filing
the application or request. In no |
| 12 | | case, however, may an appeal be brought more
than one year |
| 13 | | after the application or request is filed with the |
| 14 | | Department.
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| 15 | | (Source: P.A. 94-793, eff. 5-19-06.)
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| 16 | | Section 10. The School Code is amended by changing Section |
| 17 | | 2-3.104 as follows:
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| 18 | | (105 ILCS 5/2-3.104) (from Ch. 122, par. 2-3.104)
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| 19 | | Sec. 2-3.104. State mandate reports. The State Board of |
| 20 | | Education shall
prepare an annual report listing all State |
| 21 | | mandates applicable to the
common schools during the school |
| 22 | | year covered by the report, excluding only
those mandates that |
| 23 | | relate to school elections. The annual report shall
set forth |
| 24 | | for each listed mandate: |
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| 1 | | (1) the date or approximate date that the
mandate |
| 2 | | became effective; |
| 3 | | (2) and the cost of implementing the that mandate |
| 4 | | during
the school year covered by the report; provided that |
| 5 | | if the mandate has not
been in effect for the entire school |
| 6 | | year covered by the report, the
estimated annual cost of |
| 7 | | implementing that mandate shall be set forth in
that |
| 8 | | report; , |
| 9 | | (3) whether or not an identifiable local direct cost is |
| 10 | | necessitated by the mandate and the estimated annual |
| 11 | | amount; |
| 12 | | (4) a brief description of the mandate and a citation |
| 13 | | of its origin in statute or rule; |
| 14 | | (5) the extent of State or federal financial |
| 15 | | participation, if any, in meeting identifiable costs; and |
| 16 | | (6) the State agency, if any, charged with supervising |
| 17 | | the implementation of the mandate. |
| 18 | | If and provided that if the mandate exists because of a |
| 19 | | federal
law, rule or regulation, the report shall note that |
| 20 | | fact. |
| 21 | | The State Board
of Education shall highlight on each annual
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| 22 | | report each mandate listed thereon that first became effective |
| 23 | | and
applicable to the common schools during the school year |
| 24 | | covered by the current
annual report. If applicable, the report |
| 25 | | shall identify the type of school district or cooperative or |
| 26 | | other type of school as defined under this Code affected by or |
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| 1 | | to which the mandate is directed. |
| 2 | | Each annual report prepared by the State Board of
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| 3 | | Education shall be presented at a public meeting of the State |
| 4 | | Board, allowing for public comment, posted on the State Board's |
| 5 | | Internet website, and filed by the State Board of Education |
| 6 | | with the General
Assembly on or before March 1 of the calendar |
| 7 | | year, beginning with calendar
year 1992, and shall cover the |
| 8 | | school year ending during the calendar year
immediately |
| 9 | | preceding the calendar year in which the annual report is
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| 10 | | required to be filed, reporting, as well, each year to the |
| 11 | | Governor and the General Assembly regarding the administration |
| 12 | | of provisions of this Section and changes proposed to this |
| 13 | | Section. The State Board shall make available, upon request of |
| 14 | | the Department of Commerce and Economic Opportunity, a copy of |
| 15 | | the annual State Mandates Report for publication in the |
| 16 | | Department's State Mandates Catalog.
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| 17 | | The State Board of Education shall review school district |
| 18 | | applications for reimbursement submitted pursuant to Section 8 |
| 19 | | of the State Mandates Act in cases in which the General |
| 20 | | Assembly has appropriated funds to reimburse school districts |
| 21 | | for costs associated with the implementation of a State |
| 22 | | mandate. In cases in which there is no appropriation for |
| 23 | | reimbursement, upon a request for determination of a mandate by |
| 24 | | a school district, or more than one school district filing a |
| 25 | | single request, the State Board shall, in conjunction with an |
| 26 | | organization established under Article 23 of this Code, |
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| 1 | | determine whether a Public Act constitutes a mandate and, if |
| 2 | | so, the statewide cost of implementation. |
| 3 | | The Legislative Research Unit shall conduct public |
| 4 | | hearings as needed to review the information collected and the |
| 5 | | recommendations made by the State Board under this Section. The |
| 6 | | Board shall cooperate fully with the Legislative Research Unit, |
| 7 | | providing any information, supporting documentation, and other |
| 8 | | assistance required by the Legislative Research Unit to |
| 9 | | facilitate the conduct of the hearings. |
| 10 | | (Source: P.A. 87-632; 87-895.)
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| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.
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