96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0052


 
Introduced , by Rep. Jim Durkin
 
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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A BILL FOR









 




  






HC0052

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HOUSE JOINT RESOLUTION

  
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CONSTITUTIONAL AMENDMENT

  
 
  
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    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
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NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
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SENATE CONCURRING HEREIN, That there shall  be  submitted  to
the  
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electors  of  the State for adoption or rejection at the
general 
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election next occurring at least 6 months  after  the
adoption  of  
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this resolution a proposition to add Section 13
to Article VII  
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of  the  Illinois  Constitution  as
follows:

  
 

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ARTICLE VII 


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LOCAL GOVERNMENT


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    (ILCON Art. VII, Sec. 13 new)
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SECTION 13. UNFUNDED MANDATES
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    (a)  If  the  General Assembly  or  any  State executive
action 
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requires a unit  of  local  government  to  establish,
expand,  or  
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modify  its  activities  in  such  a  way  as  to
necessitate 
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additional expenditures of revenue by the unit of
local  
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government, then the State must provide funds to reimburse
the 
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unit of local government for the costs necessary to carry
out 
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the mandated requirement,  except  that  the  General Assembly
may, 
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but need not, provide funds for the following mandates:
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        (1)  legislatively  mandated  requirements requested
    by 
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    the unit of local government affected; and
 


 






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        (2)  legislatively  mandated  requirements   that became 
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    effective
    before  the  effective  date  of  this Section or 
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    State
    executive  actions  initially  implementing   legislation
    
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    that became effective before the effective date of this 
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    Section. 
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    (b)  A  mandated  requirement  that  is not funded is not

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enforceable while not funded unless the bill implementing the

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mandated requirement passed with the concurrence of at  least

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three-fifths  of  the  members  elected  to  each house of the

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General  Assembly  and  specifically  states  that  it  is  a

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non-reimbursable mandate under this subsection. 
 
  
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SCHEDULE

  
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    This Constitutional Amendment takes effect upon being 
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declared adopted in accordance with Section 7 of the Illinois 
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Constitutional Amendment Act.