97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0010
 
Introduced 2/9/2011, by Sen. Pamela J. Althoff
 
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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SC0010LRB097 08292 RCE 48419 e


  
1
SENATE JOINT RESOLUTION

  
2
CONSTITUTIONAL AMENDMENT

  
 
  
3    RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL 
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES 
5CONCURRING HEREIN, That there shall be submitted to
 the 
6electors of the State for adoption or rejection at the
 general 
7election next occurring at least 6 months after the
 adoption of 
8this resolution a proposition to add Section 13
 to Article VII 
9of the Illinois Constitution as
 follows:
 
  
 

10
ARTICLE VII 


11
LOCAL GOVERNMENT


12    (ILCON Art. VII, Sec. 13 new)
13SECTION 13. UNFUNDED MANDATES
14    (a)  If  the  General Assembly  or  any  State executive
action 
15requires a unit  of  local  government  to  establish,
expand,  or  
16modify  its  activities  in  such  a  way  as  to
necessitate 
17additional expenditures of revenue by the unit of
local  
18government, then the State must provide funds to reimburse
the 
19unit of local government for the costs necessary to carry
out 
20the mandated requirement,  except  that  the  General Assembly
may, 
21but need not, provide funds for the following mandates:
22        (1)  legislatively  mandated  requirements requested
    by 
23    the unit of local government affected; and
 
 
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1        (2)  legislatively  mandated  requirements   that became 
2    effective
    before  the  effective  date  of  this Section or 
3    State
    executive  actions  initially  implementing   legislation
    
4    that became effective before the effective date of this 
5    Section. 
6    (b)  A  mandated  requirement  that  is not funded is not

7enforceable while not funded unless the bill implementing the

8mandated requirement passed with the concurrence of at  least

9three-fifths  of  the  members  elected  to  each house of the

10General  Assembly  and  specifically  states  that  it  is  a

11non-reimbursable mandate under this subsection. 
 
  
12
SCHEDULE

  
13    This Constitutional Amendment takes effect upon being 
14declared adopted in accordance with Section 7 of the Illinois 
15Constitutional Amendment Act.