Bill Amendment: IL HB3480 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ST BD ED-STATE MANDATES
Status: 2015-05-20 - Added Co-Sponsor Rep. Carol Sente [HB3480 Detail]
Download: Illinois-2015-HB3480-House_Amendment_001.html
Bill Title: ST BD ED-STATE MANDATES
Status: 2015-05-20 - Added Co-Sponsor Rep. Carol Sente [HB3480 Detail]
Download: Illinois-2015-HB3480-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3480
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2 | AMENDMENT NO. ______. Amend House Bill 3480 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | the General Assembly has appropriated funds
to reimburse | ||||||
2 | local governments for costs associated with the | ||||||
3 | implementation of
a State mandate. In cases in which there | ||||||
4 | is no appropriation for
reimbursement, upon a request for | ||||||
5 | determination of a mandate by a unit of local
government, | ||||||
6 | or more than one unit of local government filing a single | ||||||
7 | request,
other than a school district or a community | ||||||
8 | college district, the Department
shall determine whether a | ||||||
9 | Public Act constitutes a mandate and, if so, the
Statewide | ||||||
10 | cost of implementation.
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11 | (3) Hearing complaints or suggestions from local | ||||||
12 | governments and other
affected organizations as to | ||||||
13 | existing or proposed State mandates.
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14 | (4) Reporting each year to the Governor and the General | ||||||
15 | Assembly regarding
the administration of provisions of | ||||||
16 | this Act and changes proposed to this
Act.
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17 | The Legislative Research Unit shall conduct
public | ||||||
18 | hearings as needed to review the
information collected and the
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19 | recommendations made by the Department under this subsection | ||||||
20 | (a). The
Department shall cooperate fully with the Legislative | ||||||
21 | Research Unit, providing any
information, supporting | ||||||
22 | documentation and other assistance required by the
Legislative | ||||||
23 | Research Unit to facilitate the conduct of the
hearing.
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24 | (b) Within 2 years following the effective date of this | ||||||
25 | Act,
the Department shall collect and tabulate relevant | ||||||
26 | information as to the
nature and scope of each existing State |
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1 | mandate, including but not
necessarily limited to (i) identity | ||||||
2 | of type of local government and
local government agency or | ||||||
3 | official to whom the mandate is directed;
(ii) whether or not | ||||||
4 | an identifiable local direct cost is necessitated by
the | ||||||
5 | mandate and the estimated annual amount; (iii) extent of State
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6 | financial participation, if any, in meeting identifiable | ||||||
7 | costs;
(iv) State agency, if any, charged with supervising the | ||||||
8 | implementation
of the mandate; and (v) a brief description of | ||||||
9 | the mandate and a citation of
its origin in statute or | ||||||
10 | regulation.
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11 | (c) The resulting information from subsection (b) shall
be | ||||||
12 | published in a catalog
available to members of the General | ||||||
13 | Assembly, State and local officials,
and interested citizens. | ||||||
14 | As new mandates are enacted they shall be added
to the catalog, | ||||||
15 | and each January 31 the Department shall list each new
mandate | ||||||
16 | enacted at the preceding session of the General Assembly, and
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17 | the estimated additional identifiable direct costs, if any | ||||||
18 | imposed upon
local governments. A revised version of the | ||||||
19 | catalog shall be published
every 2 years beginning with the | ||||||
20 | publication date of the first catalog.
The resulting | ||||||
21 | information from Section 2-3.104 of the School Code shall be | ||||||
22 | added to the catalog published every 2 years by the Department, | ||||||
23 | beginning with the publication of the 2016 State Mandates | ||||||
24 | Catalog.
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25 | (d) Failure of the General Assembly to appropriate adequate
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26 | funds for reimbursement as required by this Act shall not |
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1 | relieve the
Department of Commerce and Economic Opportunity | ||||||
2 | from
its obligations under this
Section.
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3 | (Source: P.A. 93-632, eff. 2-1-04.)
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4 | (30 ILCS 805/4.5 new) | ||||||
5 | Sec. 4.5. Collection and maintenance of information | ||||||
6 | concerning State mandates for schools. | ||||||
7 | (a) The State Board of Education, shall be responsible for | ||||||
8 | providing an annual report, as provided for in Section 2-3.104 | ||||||
9 | of the School Code. | ||||||
10 | (b) Failure of the General Assembly to appropriate adequate | ||||||
11 | funds for reimbursement as required by this Act shall not | ||||||
12 | relieve the State Board of Education from its obligations under | ||||||
13 | this Section.
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14 | (30 ILCS 805/7) (from Ch. 85, par. 2207)
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15 | Sec. 7. Review of Existing Mandates. (a) Concurrently with , | ||||||
16 | or within
3 months subsequent to the publication of a catalog | ||||||
17 | of State mandates as
prescribed in subsection (b) of Section 4 | ||||||
18 | and in Section 4.5, the Department and the State Board of | ||||||
19 | Education shall submit to
the Governor and the General Assembly | ||||||
20 | a review and report on mandates enacted
prior to the effective | ||||||
21 | date of this Act and remaining in effect at the time of | ||||||
22 | submittal
of the report. The State Board of Education shall | ||||||
23 | submit the review of existing mandates concurrently with the | ||||||
24 | publication referred to in Section 2-3.104 of the School Code.
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1 | (b) The report shall include for each mandate the | ||||||
2 | following: (1) The factual
information specified in subsection | ||||||
3 | (b) of Section 4 for the catalog; (2)
extent to which the | ||||||
4 | enactment of the mandate was requested, supported, encouraged
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5 | or opposed by local governments or their respective | ||||||
6 | organization;
(3) whether the mandate continues to meet a | ||||||
7 | Statewide policy objective or
has achieved the initial policy | ||||||
8 | intent in whole or in part; (4) amendments
if any are required | ||||||
9 | to make the mandate more effective; (5) whether the mandate
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10 | should be retained or rescinded; (6) whether State financial | ||||||
11 | participation
in helping meet the identifiable increased local | ||||||
12 | costs arising from the
mandate should be initiated, and if so, | ||||||
13 | recommended ratios and phasing-in
schedules; and (7) any other | ||||||
14 | information or recommendations which the
Department considers | ||||||
15 | pertinent.
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16 | (c) The appropriate committee of each house of the General | ||||||
17 | Assembly shall
review the report and shall initiate such | ||||||
18 | legislation or other action as
it deems necessary.
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19 | The requirement for reporting to the General Assembly shall | ||||||
20 | be satisfied
by filing copies of the report with the Speaker, | ||||||
21 | the Minority Leader and
the Clerk of the House of | ||||||
22 | Representatives and the President, the Minority
Leader, the | ||||||
23 | Secretary of the Senate, the members of the committees required
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24 | to review the report under subsection (c) and the Legislative | ||||||
25 | Research
Unit, as
required by Section 3.1 of "An Act to revise | ||||||
26 | the law in relation to the
General Assembly", approved February |
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1 | 25, 1874, as amended, and filing such
additional copies with | ||||||
2 | the State Government Report Distribution Center for
the General | ||||||
3 | Assembly as is required under paragraph (t) of Section 7 of
the | ||||||
4 | State Library Act.
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5 | (Source: P.A. 84-1438.)
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6 | (30 ILCS 805/8) (from Ch. 85, par. 2208)
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7 | Sec. 8. Exclusions, reimbursement application, review, | ||||||
8 | appeals, and
adjudication.
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9 | (a) Exclusions: Any of the following circumstances
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10 | inherent to, or associated with, a mandate shall exclude the | ||||||
11 | State from
reimbursement liability under this Act. If the | ||||||
12 | mandate (1) accommodates
a request from local governments or | ||||||
13 | organizations thereof; (2) imposes
additional duties of a | ||||||
14 | nature which can be carried out by existing staff
and | ||||||
15 | procedures at no appreciable net cost increase; (3) creates
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16 | additional costs but also provides offsetting savings | ||||||
17 | resulting in no
aggregate increase in net costs; (4) imposes a | ||||||
18 | cost that is wholly or
largely recovered from Federal, State or | ||||||
19 | other external financial aid;
(5) imposes additional annual net | ||||||
20 | costs of less than $1,000
for each of the several local | ||||||
21 | governments affected or less than $50,000,
in the aggregate, | ||||||
22 | for all local governments affected.
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23 | The failure of the General Assembly to make necessary | ||||||
24 | appropriations
shall relieve the local government of the | ||||||
25 | obligation to implement any
service mandates, tax exemption |
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1 | mandates, and personnel mandates, as
specified in Section 6, | ||||||
2 | subsections (b), (c), (d) and (e), unless the
exclusion | ||||||
3 | provided for in this Section are explicitly stated in the Act
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4 | establishing the mandate. In the event that funding is not | ||||||
5 | provided for
a State-mandated program by the General Assembly, | ||||||
6 | the local government
may implement or continue the program upon | ||||||
7 | approval of its governing
body. If the local government | ||||||
8 | approves the program and funding is
subsequently provided, the | ||||||
9 | State shall reimburse the local governments
only for costs | ||||||
10 | incurred subsequent to the funding.
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11 | (b) Reimbursement Estimation and Appropriation Procedure.
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12 | (1) When a
bill is introduced in the General Assembly, | ||||||
13 | the Legislative Reference
Bureau, hereafter referred to as | ||||||
14 | the Bureau, shall determine whether
such bill may require | ||||||
15 | reimbursement to local governments pursuant to
this Act. | ||||||
16 | The Bureau shall make such determination known in the | ||||||
17 | Legislative
Synopsis and Digest.
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18 | In making the determination required by this | ||||||
19 | subsection (b) the
Bureau shall disregard any provision in | ||||||
20 | a bill which would make
inoperative the reimbursement | ||||||
21 | requirements of Section 6 above, including
an express | ||||||
22 | exclusion of the applicability of this Act, and shall
make | ||||||
23 | the determination irrespective of any such provision.
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24 | (2) Any bill or amended bill which creates or expands a | ||||||
25 | State mandate
shall be subject to the provisions of "An Act | ||||||
26 | requiring fiscal notes in
relation to certain bills", |
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1 | approved June 4, 1965, as amended. The fiscal
notes for | ||||||
2 | such bills or amended bills shall include estimates of the | ||||||
3 | costs
to local government and the costs of any | ||||||
4 | reimbursement required under this
Act. In the case of bills | ||||||
5 | having a potential fiscal impact on units
of local | ||||||
6 | government, the fiscal note shall be prepared by the | ||||||
7 | Department.
In the case of bills having a potential
fiscal | ||||||
8 | impact on school districts, the fiscal note shall be | ||||||
9 | prepared by
the State Superintendent of Education , | ||||||
10 | including estimated implementation cost data and analysis | ||||||
11 | generated by school districts, if available and | ||||||
12 | applicable . In the case of bills having a
potential fiscal | ||||||
13 | impact on community college districts, the fiscal note
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14 | shall be prepared by the Illinois Community College Board. | ||||||
15 | Such fiscal
note shall accompany the bill that requires | ||||||
16 | State reimbursement
and shall be prepared prior to any | ||||||
17 | final action on such a bill by the
assigned committee. | ||||||
18 | However, if a fiscal note is not filed by the appropriate
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19 | agency within 30 days of introduction of a bill, the bill | ||||||
20 | can be heard in
committee and advanced to the order of | ||||||
21 | second reading. The bill shall then
remain on second | ||||||
22 | reading until a fiscal note is filed. A bill discharged
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23 | from committee shall also remain on second reading until a | ||||||
24 | fiscal note is
provided by the appropriate agency.
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25 | (3) The estimate required by paragraph (2) above, shall | ||||||
26 | include the
amount estimated to be required during the |
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1 | first fiscal year of a bill's
operation in order to | ||||||
2 | reimburse local governments pursuant to Section 6,
for | ||||||
3 | costs mandated by such bill. In the event that the | ||||||
4 | effective
date of such a bill is not the first day of the | ||||||
5 | fiscal year the
estimate shall also include the amount | ||||||
6 | estimated to be required for
reimbursement for the next | ||||||
7 | following full fiscal year.
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8 | (4) For the initial fiscal year, reimbursement funds | ||||||
9 | shall be
provided as follows: (i) any statute mandating | ||||||
10 | such costs shall have a
companion appropriation bill, and | ||||||
11 | (ii) any executive order mandating
such costs shall be | ||||||
12 | accompanied by a bill to appropriate the funds
therefor, | ||||||
13 | or, alternatively an appropriation for such funds shall be
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14 | included in the executive budget for the next following | ||||||
15 | fiscal year.
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16 | In subsequent fiscal years appropriations for such | ||||||
17 | costs shall be
included in the Governor's budget or | ||||||
18 | supplemental appropriation bills.
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19 | (c) Reimbursement Application and Disbursement Procedure.
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20 | (1) For
the initial fiscal year during which | ||||||
21 | reimbursement is authorized, each
local government, or | ||||||
22 | more than one local government wishing to join in filing
a | ||||||
23 | single claim, believing itself to be entitled to | ||||||
24 | reimbursement under
this Act shall submit to the | ||||||
25 | Department, State Superintendent of
Education or Illinois | ||||||
26 | Community College Board within 60 days of the
effective |
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1 | date of the mandate a claim for reimbursement accompanied | ||||||
2 | by
its estimate of the increased costs required by the | ||||||
3 | mandate for the
balance of the fiscal year. The Department, | ||||||
4 | State Superintendent of
Education or Illinois Community | ||||||
5 | College Board shall review such claim
and estimate, shall | ||||||
6 | apportion the claim into 3 equal installments and
shall | ||||||
7 | direct the Comptroller to pay the installments
at equal | ||||||
8 | intervals throughout the remainder of the fiscal year from
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9 | the funds appropriated for such purposes, provided that the | ||||||
10 | Department,
State Superintendent of Education or Illinois | ||||||
11 | Community College Board
may (i) audit the records of any | ||||||
12 | local government to verify the actual
amount of the | ||||||
13 | mandated cost, and (ii) reduce any claim determined to be
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14 | excessive or unreasonable.
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15 | (2) For the subsequent fiscal years, local governments | ||||||
16 | shall submit
claims as specified above on or before October | ||||||
17 | 1 of each year. The
Department, State Superintendent of | ||||||
18 | Education or Illinois Community
College Board shall | ||||||
19 | apportion the claims into 3 equal installments and
shall | ||||||
20 | direct the Comptroller to pay the first installment upon | ||||||
21 | approval
of the claims, with subsequent installments to | ||||||
22 | follow on January 1 and March
1, such claims to be paid | ||||||
23 | from funds
appropriated therefor, provided that the | ||||||
24 | Department, State
Superintendent of Education or Illinois | ||||||
25 | Community College Board (i) may
audit the records of any | ||||||
26 | local governments to verify the actual amount
of the |
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1 | mandated cost, (ii) may reduce any claim, determined to be
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2 | excessive or unreasonable, and (iii) shall adjust the | ||||||
3 | payment to correct
for any underpayments or overpayments | ||||||
4 | which occurred in the previous
fiscal year.
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5 | (3) Any funds received by a local government pursuant | ||||||
6 | to this Act
may be used for any public purpose.
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7 | If the funds appropriated for reimbursement of the | ||||||
8 | costs of local
government
resulting from the creation or | ||||||
9 | expansion of a State mandate are less than
the total of the | ||||||
10 | approved claims, the amount appropriated shall be prorated
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11 | among the local governments having approved claims.
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12 | (d) Appeals and Adjudication.
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13 | (1) Local governments may appeal determinations made | ||||||
14 | by State agencies
acting pursuant to subsection (c) above. | ||||||
15 | The
appeal must be submitted to the State Mandates Board of | ||||||
16 | Review created by
Section 9.1 of this Act within 60 days | ||||||
17 | following the date of receipt of the
determination being | ||||||
18 | appealed. The appeal must include evidence as to the
extent | ||||||
19 | to which the mandate has been carried out in an effective | ||||||
20 | manner and
executed without recourse to standards of | ||||||
21 | staffing or expenditure higher than
specified in the | ||||||
22 | mandatory statute, if such standards are specified in the
| ||||||
23 | statute. The State Mandates Board of Review, after | ||||||
24 | reviewing
the evidence submitted to it, may increase or | ||||||
25 | reduce the amount of a
reimbursement claim. The decision of | ||||||
26 | the State Mandates Board of Review shall be final subject |
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1 | to judicial review. However, if sufficient
funds have not | ||||||
2 | been appropriated, the Department shall notify the General
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3 | Assembly of such cost, and appropriations for such costs | ||||||
4 | shall be included in a
supplemental appropriation bill.
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5 | (2) A local government may also appeal directly to the | ||||||
6 | State Mandates
Board of Review in those situations in which | ||||||
7 | the Department of Commerce and
Economic Opportunity or | ||||||
8 | State Board of Education does not act upon the local | ||||||
9 | government's application for
reimbursement or request for | ||||||
10 | mandate determination submitted under this Act.
The appeal | ||||||
11 | must include evidence that the application for | ||||||
12 | reimbursement or
request for mandate determination was
| ||||||
13 | properly filed and should have been reviewed by the | ||||||
14 | Department or State Board of Education .
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15 | An appeal may be made to the Board if the Department | ||||||
16 | does not respond to a
local government's application for | ||||||
17 | reimbursement or request for mandate
determination within | ||||||
18 | 120 days after filing
the application or request. In no | ||||||
19 | case, however, may an appeal be brought more
than one year | ||||||
20 | after the application or request is filed with the | ||||||
21 | Department.
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22 | (Source: P.A. 94-793, eff. 5-19-06.)
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23 | Section 10. The School Code is amended by changing Section | ||||||
24 | 2-3.104 as follows:
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1 | (105 ILCS 5/2-3.104) (from Ch. 122, par. 2-3.104)
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2 | Sec. 2-3.104. State mandate reports. The State Board of | ||||||
3 | Education shall
prepare an annual report listing all State | ||||||
4 | mandates applicable to the
common schools during the school | ||||||
5 | year covered by the report, excluding only
those mandates that | ||||||
6 | relate to school elections. The annual report shall
set forth | ||||||
7 | for each listed mandate : | ||||||
8 | (1) the date or approximate date that the
mandate | ||||||
9 | became effective ; | ||||||
10 | (2) and the cost of implementing the that mandate | ||||||
11 | during
the school year covered by the report; provided that | ||||||
12 | if the mandate has not
been in effect for the entire school | ||||||
13 | year covered by the report, the
estimated annual cost of | ||||||
14 | implementing that mandate shall be set forth in
that | ||||||
15 | report ; , | ||||||
16 | (3) whether or not an identifiable local direct cost is | ||||||
17 | necessitated by the mandate and the estimated annual | ||||||
18 | amount; | ||||||
19 | (4) a brief description of the mandate and a citation | ||||||
20 | of its origin in statute or rule; | ||||||
21 | (5) the extent of State or federal financial | ||||||
22 | participation, if any, in meeting identifiable costs; and | ||||||
23 | (6) the State agency, if any, charged with supervising | ||||||
24 | the implementation of the mandate. | ||||||
25 | If and provided that if the mandate exists because of a | ||||||
26 | federal
law, rule or regulation, the report shall note that |
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1 | fact. | ||||||
2 | The State Board
of Education shall highlight on each annual
| ||||||
3 | report each mandate listed thereon that first became effective | ||||||
4 | and
applicable to the common schools during the school year | ||||||
5 | covered by the current
annual report. If applicable, the report | ||||||
6 | shall identify the type of school district or cooperative or | ||||||
7 | other type of school as defined under this Code affected by or | ||||||
8 | to which the mandate is directed. | ||||||
9 | Each annual report prepared by the State Board of
| ||||||
10 | Education shall be presented at a public meeting of the State | ||||||
11 | Board, allowing for public comment, posted on the State Board's | ||||||
12 | Internet website, and filed by the State Board of Education | ||||||
13 | with the General
Assembly on or before March 1 of the calendar | ||||||
14 | year , beginning with calendar
year 1992, and shall cover the | ||||||
15 | school year ending during the calendar year
immediately | ||||||
16 | preceding the calendar year in which the annual report is
| ||||||
17 | required to be filed , reporting, as well, each year to the | ||||||
18 | Governor and the General Assembly regarding the administration | ||||||
19 | of provisions of this Section and changes proposed to this | ||||||
20 | Section . The State Board shall make available, upon request of | ||||||
21 | the Department of Commerce and Economic Opportunity, a copy of | ||||||
22 | the annual State Mandates Report for publication in the | ||||||
23 | Department's State Mandates Catalog.
| ||||||
24 | The State Board of Education shall review school district | ||||||
25 | applications for reimbursement submitted pursuant to Section 8 | ||||||
26 | of the State Mandates Act in cases in which the General |
| |||||||
| |||||||
1 | Assembly has appropriated funds to reimburse school districts | ||||||
2 | for costs associated with the implementation of a State | ||||||
3 | mandate. In cases in which there is no appropriation for | ||||||
4 | reimbursement, upon a request for determination of a mandate by | ||||||
5 | a school district, or more than one school district filing a | ||||||
6 | single request, the State Board shall, in conjunction with an | ||||||
7 | organization established under Article 23 of this Code, | ||||||
8 | determine whether a Public Act constitutes a mandate and, if | ||||||
9 | so, the statewide cost of implementation. | ||||||
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.".
|