A CALL TO ACTION:
STOP UNFUNDED STATE MANDATES

By THOMAS G. FITZSIMMONS, Executive Director

HJRCA 14/Unfunded Mandates
Constitutional Amendment

The Illinois Municipal League Legislative Committee and Board of Directors have approved the passage of a constitutional amendment concerning unfunded state mandates as the top legislative priority for 1994. This legislative initiative will require all municipalities to maximize their lobbying efforts to secure passage. When working together on one common legislative priority, municipalities are a formidable force at the State Capitol. Combine that with other local governments, and the General Assembly membership understands the mutual political strength of local elected officials. However, passage in the Senate will only be possible with your immediate action.

History of State Mandates

Unfunded state mandates have been the subject of a long and bitter disagreement between the state and local officials. The conflict resulted in a state statute entitled the STATE MANDATES ACT. The Act, which took effect in 1981, put in place a framework with which the General Assembly must comply before the passage of legislative mandates.

Since the passage of the State Mandates Act, the frustration of local officials has escalated to a new height. The Act simply has not stopped the passage of unfunded mandates. The course of action that has come to Illinois is to amend the Illinois Constitution of 1970 to address unfunded state mandates.

Illinois local officials are "fed up" with the General Assembly's ability to mandate local government performance and increase cost of services without regard for the local government's ability to pay. The proliferation of new costs imposed upon local governments is documented in a 1992 study by the Illinois Department of Commerce and Community Affairs (DCCA). In that report, DCCA estimated that, since 1981:

". . . there are 237 Public Acts listed in the catalog, creating 68 Organization and Structure Mandates, 49 Due Process Mandates, 30 Service Mandates, 51 Tax Exemption Mandates and 128 Personnel Mandates. The total cost that could be estimated is $201,457,265, less State participation of $11,357,713, leaving a local government cost of $190,099,552."

Please note that this report was unable to document a financial cost for substantial mandates such as the collective bargaining statutes.

Why A Constitutional Amendment?

Given the past history of the State of Illinois, local officials must elevate the standard of responsibility above statutes and turn to the Illinois Constitution to stop unfunded state mandates.

In addition, the citizens of Illinois want a constitutional amendment. In 1992, the General Assembly approved Senate Bill 1556. The House voted 88 Yes/25 No/5 Present, and the Senate voted 50 Yes/4 No. Governor Edgar signed Senate Bill 1556 providing Public Act 87-919 would become law. That legislation required a statewide advisory question he placed on the ballot urging an amendment to the Illinois Constitution limiting new State mandates.

The question in the 1992 general election was:

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?

Which Resolution For A Constitutional Amendment?

The General Assembly has debated several Consti-

April 1994 / Illinois Municipal Review / Page 7

tutional Amendments with similar language. The Municipal League and other local government organizations have endorsed House Joint Resolution Constitutional Amendment 14. HJRCA 14 is sponsored in the House by Representatives Granberg, Novak, von Bergen-Wessels, Balthis, Saviano, Weller, Prussing, and Balanoff. That Resolution was overwhelmingly approved on May 11,1993, by a vote of 113 Yes/3 No. The bill was then transferred to the Senate for consideration.

In the Senate, HJRCA 14 is sponsored by Senators Watson, LaPaille, Geo-Karis, Cullerton, Klemm, and Rea. The legislation is on second reading and needs to be read a second time on one day. A subsequent day, the legislation needs to be read a third time and receive a vote. HJRCA 14 must be approved six months prior to the general election or before May 8, 1994.

Because of its posture in the legislative process and its strong language, the Illinois Municipal League wholeheartedly endorses the passage of HJRCA 14.

House Joint Resolution Constitutional Amendment 14 What Does It Do?

The Resolution amends Article VII of the Illinois Constitution of 1970 (the local government section). A new section 13 is added which provides the following key points:

(1) Requires the State to provide funds to reimburse local governments when the legislature or executive action requires an expansion or modification of local government activities necessitating the expenditure of revenues.

(2) Funds are not required if local governments request the mandate or if the mandate was prior to the effective date of this change.

(3) Mandates that are not funded are not enforceable unless the bill passes by a four-fifths vote of each house.

The Challenge/The Necessary Action

The key to passage of a Constitutional Amendment addressing the problem of unfunded mandates is with the Illinois Senate. Passage requires a three-fifths vote of the Senate. The Senate has 59 members, so 36 votes are necessary for passage. The Governor does not have to take action. As previously stated, the Senate must pass HJRCA 14 before May 8, 1994.

Immediate Action

Every member of the Illinois Senate must be contacted in order to gain their support for HJRCA 14. The Senate has approximately 20 legislative days scheduled before May 8. The Constitutional Amendment must be passed before May 8 in order to be placed on the November ballot for consideration by the voters of Illinois. The House has already passed HJRCA 14, so Senate contacts are essential. The Municipal League needs your support in getting Senators to vote for HJRCA 14, with no amendments, and no legislative game playing. Demand that your Senator support HJRCA 14.

Senators will be in their district offices during the Easter break (April 4 through April 9). On April 11, they will return to Springfield and will have only four weeks (17 legislative days) to pass HJRCA 14.

THIS IS THE TIME, THIS IS THE SOLUTION, THIS IS THE CONSTITUTIONAL AMENDMENT THAT MUST BE PASSED.

Please take a moment right now and call your Senator. Advocate strongly for the passage of HJRCA 14. YOUR IMMEDIATE ACTION IS NECESSARY! •

Page 8 / Illinois Municipal Review / April 1994