ILLINOIS MUNICIPAL LEAGUE Member: National League of Cities KENNETH A. ALDERSON Executive Director 500 EAST CAPITOL AVENUE - P.O. BOX 3387 SPRINGFIELD, ILLINOIS 62708-3367 Phone (217) 525-1220 Fax (217) 525-7438

Dear Illinois Municipal Officials;

It is an honor to be the new President of The Illinois Municipal League. This year I will focus on the fight to get an amendment to the state constitution on the ballot, to require a "super-majority" vote of state legislators when passing unfunded mandates. The time has come to address this drain on local resources. To that end the passage of a Constitutional Amendment on unfunded mandates is the top priorily of the Illinois Municipal League for 1996.

As a local official, you understand the financial burden mandates have bestowed on our cities, towns, and villages. The increasing number of mandates has forced local governments to raise taxes, increase utility bills, reduce services and shift resources away from local priorities. Successful passage of an Unfunded Mandates Constitutional Amendment will decrease the financial strains placed on local government. To achieve passage through the General Assembly, we will need every local official's devotion and assistance.

The purpose of this information is to introduce a statewide effort by local officials, the Illinois General Assembly, constitutional offices and numerous local government associations to place a Constitutional Amendment on the November 1996 ballot. The following pages describe the initiative The Municipal League has begun along with what you, as a local official, must do to assist this effort.

The call for an Unfunded Mandates Constitutional Amendment is a heartfelt effort to restore both fiscal and elected integrity at the state and local level. Please read the following materials and complete the actions being requested.

Thank you for your active participation, and willingness to improve state and local governance.

ILLINOIS MUNICIPAL LEAGUE
UNFUNDED MANDATES
CONSTITUTIONAL AMENDMENT INITIATIVE
KENNETH A. ALDERSON, EXECUTIVE DIRECTOR

WHAT IS A MANDATE?
Pursuant to statute a state mandate is ". . . any State-initiated statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues, excluding any order issued by a court other than any order enforcing such statutory or executive action." (30 ILCS 805/1 et seq.)

PROBLEMS WITH THE CURRENT LAW
The State Mandates Act was created to regulate mandates, however the intent soon became confused. After several years of the Act attempting to serve its purpose, special interest groups began to amend the Act to exempt certain issues from its requirements. The Mandates Act has become increasingly ineffective.

WHAT IS BEING ATTEMPTED?
The Municipal League has sought cooperation from state executive offices, legislative leaders and various units of local government in working toward an unfunded mandates solution. The above groups will work toward a serious and dedicated effort to draft an amendment for consideration by the entire General Assembly.

Amending the Illinois Constitution will require time in educating the public and seeking legislators to act quickly to support passage. Passage of an amendment by the General Assembly must be accomplished by May 3, 1996.

TIME FACTOR . . . TIME IS OF THE ESSENCE
Timing is one of the most crucial elements to passing the amendment. Drafting of the amendment must be completed and introduced in the General Assembly by early January.

The General Assembly meets in 1996 on a limited basis, therefore there will be fewer session days. This amendment must be fully debated and approved prior to May 3, 1996.

What this means for passage of an unfunded mandates constitutional amendment is limited time. The General Assembly must hear about this issue from all local government. Your assistance in contacting and visiting your legislators, educating citizens, and promoting an Unfunded Mandates Constitutional Amendment will be necessary in passing the amendment through the General Assembly.

WHAT YOU AND YOUR MUNICIPALITY MUST DO NOW
As a Mayor/Village President, Manager, Trustee, Alderman, Clerk or Treasurer, the Municipal League needs you to do the following:

1. Fully debate and express your strong support for this effort while passing the attached Resolution at your next council meeting.
   
2. Submit the Resolution to your State Senator and Representative, and a copy to the Municipal League.
   
3. Submit the enclosed press release to the media announcing the passage of the Resolution and your municipality's intent on being a "key player" in this historic effort.

The completion of the above steps by your municipality is essential in making the Unfunded Mandates Constitutional Amendment a reality. Without your involvement the effort will not be as meaningful and most likely not as successful. TAKE ACTION AND JOIN THIS EFFORT. If you have any questions please contact the Municipal League at (217) 525-1220. •

Page 16 / Illinois Municipal Review / October 1995

RESOLUTION IN SUPPORT OF DRAFTING AN
UNFUNDED MANDATES CONSTITUTIONAL AMENDMENT

WHEREAS, the State of Illinois has imposed state mandates on local governments; and,

WHEREAS, unfunded mandates place financial burdens on local governments and ultimately the taxpaying citizens; and,

WHEREAS, the General Assembly recognized the problem of unfunded mandates and sought the advice of the Citizens of Illinois in 1992 by asking the following question:

"Should the Illinois General Assembly, in order to stop increasing property taxes due to unfunded mandates on local government, approve a Resolution for a State Constitutional Amendment prohibiting the General Assembly and Governor from adopting new unfunded State mandates that impose additional costs on units of local government?"; and,

WHEREAS, the Citizens of Illinois overwhelmingly supported the November 3, 1992, advisory referendum by a resounding vote of 80.6% (YES 3,001,417 -- NO 772,016) which called for the General Assembly to prepare a constitutional amendment for the voters; and,

WHEREAS, an amendment must be drafted and voted upon by the General Assembly before the question can be submitted to the Citizens of Illinois;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY/VILLAGE OF ________________, ILLINOIS AS FOLLOWS:

SECTION 1: The City/Village of ______________ does hereby request the General Assembly to work toward drafting and passage of an Unfunded Mandates Constitutional Amendment.

SECTION 2: The City/Village of_______________ respectfully requests that the General Assembly, in cooperation with local government associations, draft a constitutional amendment that reflects a responsible approach pertaining to unfunded mandates. That amendment should reflect a mutual respect and understanding for governance of citizens and the financing of services for those citizens.

BE IT FURTHER RESOLVED THAT THE CITY/VILLAGE OF
______________ will forward a copy of this Resolution to their State Senator and Representative seeking their support in drafting an Unfunded Mandates Constitutional Amendment.

October 1995 / Illinois Municipal Review / Page 17

NEWS RELEASE

For Immediate Release   Contact:
Date:           Telephone:

The City/Village of __________ strongly endorses the efforts of the Illinois Municipal League in drafting an Unfunded Mandates Constitutional Amendment.

The City/Village of _________ has approved a resolution supporting the call for the General Assembly to join in the efforts of local governments to cooperatively draft a constitutional amendment.

"The General Assembly has a responsibility to address the advisory question asked the citizens in 1992," said Mayor __________. In the November 3, 1992, election, the General Assembly asked the voters if they wanted the chance to vote on an unfunded mandates constitutional amendment. The voters overwhelmingly (80.6%, or over 3 million) answered YES!

Municipal officials throughout Illinois are committing their time and effort to see this challenge become a reality.

Calling for a Unfunded State Mandates Constitutional Amendment is a serious effort to restore both fiscal and elected integrity at the state and local level," _________ said.

Every citizen who wants his or her tax dollars to stay local should urge their legislator to support this important measure," Mayor __________ said.

Kenneth A. Alderson, Executive Director of the Illinois Municipal League, welcomed __________ to the growing list of local governments who are supporting the Constitutional Amendment.

"Unfunded state mandates have eroded local officials' ability to control taxes," he said.

"We must seek a solution to fiscal responsibility by both state and local officials. The Unfunded Mandates Constitutional Amendment is a major step in that direction," Alderson said.

# # #

Page 18 / Illinois Municipal Review / October 1995