SJRCA 76, the Unfunded State Mandates Constitutional Amendment, was introduced in the Illinois Senate on February 7, 1996. Lead sponsors are Senator Frank Watson (R-Carlyle), Senator Peter Fitzgerald (R-Palatine), Senator Dick Klemm (R-Crystal Lake), Senator Denny Jacobs (D-Moline), and Senator Adeline Geo-Karis (R-Zion). The Constitutional Amendment upon passage will limit unfunded mandates imposed by the State on local government and school districts.

The Unfunded Mandates Constitutional Amendment Drafting Committee has spent the past five months developing language for the Constitutional Amendment. The Committee is comprised of legislators appointed by the House and Senate leadership, legislative staff, attorneys and representatives from municipal, county, township, park and school district associations. SJRCA 76 must be approved by both the Illinois House and Senate to be placed on the November ballot.

Proposed language of the Constitutional Amendment, as introduced, is as follows:

CONSTITUTIONAL AMENDMENT ARTICLE IV
After November 5,1996, no portion of any bill shall require a unit of government or school district to establish, expand, modify, or increase its programs, activities, or services in such a way as to necessitate the expenditure of additional public revenue by a unit of local government or school district, unless at least one of the following applies:
1. The State appropriates additional funds to the unit of local government or school district that fully fund the additional expenditures necessary to carry out the requirement for each year the requirement is in effect;
2. The bill passes with the concurrence of at least three-fifths of the members elected to each house;
3. That portion of the bill imposes a federal requirement, with no additional requirements imposed by the State; or
4. That portion of the bill creates a criminal law or expands or modifies the application or enforcement of criminal law.

Absent express and specific authority by law no administrative rule, regulation, or action may require a unit of local government or school district to establish, expand, modify, or increase its programs, activities, or service in such a way as to necessitate the expenditure of additional public revenue by a unit of local government or school district. This subsection does not apply to any portion of a bill that limits or regulates the ability of a unit of local government or school district to raise revenue.

The Unfunded Mandates Constitutional Amendment Drafting Committee worked diligently over many months to draft the Constitutional Amendment. Several members of that Committee expressed their viewpoints on the process utilized.

"In 1992 over 3,000,000 Illinois voters supported a statewide advisory referendum requesting a Constitutional Amendment prohibiting future unfunded state mandates," said Sen. Watson. "SJRCA 76 is the first step in making that a reality."

"We've been meeting on a regular basis for some time now and have discussed a wide variety of issues and ideas," according to Rep. Phil Novak (D-Kankakee), a member of the Drafting Committee. "It was an exceptional idea to bring together bipartisan support from the General Assembly along with officials from all types of local government to create this committee." "We have refined our original objective and defined the Amendment as we set out to do," he said.

Much of the work of the Drafting Committee has focused on what other states have done regarding unfunded mandates. "We looked at the 10 states that have already adopted constitutional amendments and prior attempts at passage in Illinois," said Rep. Joel Brunsvold (D-Rock Island). "We looked at a decade of debate of legislation in this state. That research helped us to simplify the final language and keep it straightforward," he added.

"I appreciate the work the Municipal League has done to coordinate and provide research for this effort," explained Rep. Maureen Murphy (R-Oak Lawn). "For the first time we've had an open discussion between House and Senate members and local officials on

February 1996 / Illinois Municipal Review / Page 5

this issue. We are now more aware of what we all consider a mandate to be," she said.

Rep. Kurt Granberg (D-Centralia) agreed that a major difference in the current effort to approve an Unfunded Mandates Constitutional Amendment as opposed to previous efforts is more people are involved in the process. "We definitely have more people involved this time," he said. "I've been involved with the issue since 1984 and this time, with the Municipal League taking the lead, we have all our resources aimed directly at passage."

SJRCA 76 is now at the beginning of the legislative process. A follow-up meeting of the Drafting Committee will be held on February 20 to iron out some loose ends. "The Committee continues to make progress," according to Sen. Denny Jacobs (D-Moline), a co-sponsor. "There are still some concerns from counties that need to be addressed, however."

The climate in the General Assembly this session for getting the Constitutional Amendment approved appears good. "If ever there was a time to pass this, it is now," said Sen. Watson. "It is important that municipal, county, township and park district officials, school district officials and others contact their particular legislators and let them know how important this is."

Rep. Novak agreed. "The climate for passage is excellent. Now we need local officials to contact their fellow officials and legislators and get them to support this amendment," he said.

"Local officials know what mandates can do, citizens do not," he said. "We need their help in educating the public on this issue," Novak said.

"I applaud the Illinois Municipal League and its membership for getting us to this point," Sen. Watson declared. "The League has been a guiding light in this whole process and has kept us on track towards getting legislation introduced.

As Executive Director, I would like to extend my wholehearted thanks to all the participants in the drafting process: to the League staff members who spent numerous hours preparing background material and doing research, to IML President Mayor Greg Sparrow of DeKalb and IML First Vice President Mayor Frank Clinton of Paris, and above all to the following Senators and Representatives who cooperatively worked many hours to produce the language for the Unfunded Mandates Constitutional Amendment — Senate Republican Drafting Committee members Frank Watson and Peter Fitzgerald, Senate Democrat Drafting Committee members Penny Severns, Donne Trotter and Denny Jacobs, House Republican Drafting Committee Members Robert Churchill, William Black and Maureen Murphy, and House Democrat Drafting Committee members Kurt Granberg, Joel Brunsvold and Phil Novak.

With the introduction of SJRCA 76 I would urge all municipal officials, both as individuals and as municipal bodies to:
1) Contact the Senators and Representatives serving on the Drafting Committee and extend your thanks for their participation and effort, and
2) Contact your Senator and Representative and urge their strong support for SJRCA 76 — and at this present time urge your Senator to also be a co-sponsor of SJRCA 76. •

Page 6 / Illinois Municipal Review / February 1996