Bill Text: IL HB2556 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Local Public Safety Consent Decree Act. Provides that a unit of local government, its officers, or its representatives may not enter into or amend a consent decree that may adversely impact public safety for a period longer than 10 years without the approval of the General Assembly through the adoption of a joint resolution by the General Assembly. Prohibits the General Assembly from approving the entering into or amendment of a consent decree that may adversely impact public safety for a period exceeding 15 years beyond the establishment of the consent decree. Limits home rule powers. Provides that a unit of local government or resident of a jurisdiction that is subject to a consent decree with a third party, where the consent decree is unlimited as to time, may challenge the reasonableness of an existing consent decree on specified grounds. Provides that the State may not challenge the applicability of the consent decrees of 1972, 1979, and 1983 in Shakman v. Democratic Organization of Cook County or its authority or governance over State operations, absent approval by a joint resolution of the General Assembly. Allows a suit against the State if the State is ever found by a Court to be outside the scope of the Shakman consent decrees and specifies the relief that may be granted in such a suit. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB2556 Detail]

Download: Illinois-2021-HB2556-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2556 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
New Act
Creates the Local Public Safety Consent Decree Act. Provides that a unit of local government, its officers, or its representatives may not enter into or amend a consent decree that may adversely impact public safety for a period longer than 10 years without the approval of the General Assembly through the adoption of a joint resolution by the General Assembly. Prohibits the General Assembly from approving the entering into or amendment of a consent decree that may adversely impact public safety for a period exceeding 15 years beyond the establishment of the consent decree. Limits home rule powers. Provides that a unit of local government or resident of a jurisdiction that is subject to a consent decree with a third party, where the consent decree is unlimited as to time, may challenge the reasonableness of an existing consent decree on specified grounds. Provides that the State may not challenge the applicability of the consent decrees of 1972, 1979, and 1983 in Shakman v. Democratic Organization of Cook County or its authority or governance over State operations, absent approval by a joint resolution of the General Assembly. Allows a suit against the State if the State is ever found by a Court to be outside the scope of the Shakman consent decrees and specifies the relief that may be granted in such a suit. Effective immediately.
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HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Local
Public Safety Consent Decree Act.
Section 5. Approval of General Assembly.
(a) A unit of local government, its officers, or its
representatives may not enter into or amend a consent decree
that may adversely impact public safety for a period longer
than 10 years without the approval of the General Assembly
through the adoption of a joint resolution by the General
Assembly.
(b) The General Assembly may not approve the entering into
or amendment of a consent decree may adversely impact public
safety for a period exceeding 15 years beyond the
establishment of the consent decree.
(c) A home rule unit may not enter into or amend a consent
decree in a manner inconsistent with this Section. This
Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.

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Section 10. Challenge to a consent decree with a third
party. A unit of local government or resident of a
jurisdiction that is subject to a consent decree with a third
party, where the consent decree is unlimited as to time, may
challenge the reasonableness of an existing consent decree on
the grounds that: (i) continued enforcement of the consent
decree is unreasonable in view of unforeseen consequences that
would have materially changed the position of the parties;
(ii) the consent decree requires a unit of local government,
its officers, or its representatives to engage in activity
that is contrary to existing law; or (iii) the consent decree
infringes on or impairs the civil liberties of legal residents
in Illinois and such infringements or impairments were not
properly represented at the time the consent decree was
negotiated.
Section 15. Challenges to the Shakman decrees. The State
of Illinois may not challenge the applicability of the consent
decrees of 1972, 1979, and 1983 in Shakman v. Democratic
Organization of Cook County in the U.S. District Court for the
Northern District of Illinois, Eastern Division, or its
authority or governance over State operations, absent approval
by a joint resolution of the General Assembly. If the State of
Illinois is ever found by a Court to be outside the scope of
the Shakman consent decrees, then the following apply:
(1) Any individual who has been a registered voter in

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the State of Illinois for a period of at least 2 years and
who has sought employment with the State of Illinois or an
individual who is a lawful candidate for political office
within the State of Illinois has standing to file a claim
against the State of Illinois claim that an individual or
entity associated with the State of Illinois has: (i)
engaged in patronage hiring; violated employment protocols
for non-political hiring; or used State time, resources,
or benefits to engage in political activity.
(2) In an action filed under paragraph (1), the burden
of proof shall be on the State of Illinois that such action
has not occurred.
(3) Any individual who has been found in connection
with the State or unit of local government as a patronage
hire, as an individual in a policymaking role for the
State or unit of local government, or as a hire exempt from
or hired without being subject to an open and competitive
hiring process shall be classified as an at-will employee,
effective upon such order of the ruling court.
(4) An employee who has been found in connection with
the State or unit of local government as a patronage hire,
as an individual in a policymaking role for the State or
unit of local government, or as a hire exempt from or hired
without being subject to an open and competitive hiring
process under paragraph (3) has no property interest or
expectation of due process in connection with future

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employment and the employee may be terminated from
government employment at any time. Any damages relating to
termination shall be limited to no more than 30 days'
salary.
Section 99. Effective date. This Act takes effect upon
becoming law.