Illinois 93rd Regular Session Status: Passed House 1 D cosponsors

HB 4441 — STATE MANDATES-REIMBURSEMENT

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the State Mandates Act. Changes references concerning the implementation of service mandates, tax exemption mandates, and personnel mandates. Provides that the appropriate State entity shall determine within 90 days after receiving a claim for reimbursement whether the claim is reimbursable under the Act and shall notify each local government filing a claim of its determination. If the appropriate State entity fails to notify the local government concerning its claim within 90 days, the local government shall assume the claim is reimbursable. Failure to timely notify the local government relieves the local government of the obligation to implement the mandate. Places identical decision and notification requirements on the State Mandates Board of Review with respect to appeals it handles. Removes provisions authorizing direct appeal to the State Mandates Board of Review if the Department of Commerce and Economic Opportunity does not respond to a claim for reimbursement within 120 days. Provides that members of the State Mandates Board of Review shall have experience in local government finance. Effective immediately.

Bill Text

What changed in the latest version

17 added · 44 removed

Plain-language change summary

The updates to HB 4441 clarify how local governments can handle state mandates in the absence of funding. Now, if the state does not provide necessary funding, local governments can still proceed with the mandated programs if their governing bodies approve them. If funding becomes available later, the state will only reimburse local governments for costs incurred after the funding was appropriated. This change is important because it gives local governments more flexibility and control over implementing programs even when state funding is uncertain.

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*LRB09316631SJM42281b* 93RD GENERAL ASSEMBLY State of Illinois and 2004 HB4441 Introduced 02/03/04, by Kathleen A.
HB4441 Engrossed LRB093 16631 SJM 42281 b AN ACT concerning State mandates.
Ryg SYNOPSIS AS INTRODUCED:
ILCS 805/8 from Ch.
85, par.
2208 ILCS 805/9.1 from Ch.
85, par.
2209.1 Amends the State Mandates Act.
Changes references concerning the implementation of service mandates, tax exemption mandates, and personnel mandates.
Provides that the appropriate State entity shall determine within days after receiving a claim for reimbursement whether the claim is reimbursable under the Act and shall notify each local government filing a claim of its determination.
If the appropriate State entity fails to notify the local government concerning its claim within 90 days, the local government shall assume the claim is reimbursable.
Failure to timely notify the local government relieves the local government of the obligation to implement the mandate.
Places identical decision and notification requirements on the State Mandates Board of Review with respect to appeals it handles.
Removes provisions authorizing direct appeal to the State Mandates Board of Review if the Department of Commerce and Economic Opportunity does not respond to a claim for reimbursement within 120 days.
Provides that members of the State Mandates Board of Review shall have experience in local government finance.
Effective immediately.
LRB093 16631 SJM 42281 b A BILL FOR HB4441 LRB093 16631 SJM 42281 b AN ACT concerning State mandates.
The failure of the General Assembly to make necessary appropriations shall relieve the local government of the obligation to implement any service mandates, tax exemption mandates, and personnel mandates, as specified in Section 3 6, subsections (f), (g), and (h) (b), (c), (d) and (e), unless the exclusion provided for in this Section are explicitly stated in the Act establishing the mandate.
The failure of the General Assembly to make necessary appropriations shall relieve the local government of the obligation to implement any service mandates, tax exemption mandates, and personnel mandates, as specified in Section 6, subsections (b), (c), (d) and (e), unless the exclusion provided for in this Section are explicitly stated in the Act establishing the mandate.
If the local HB4441 - 2 - LRB093 16631 SJM 42281 b government approves the program and funding is subsequently provided, the State shall reimburse the local governments only for costs incurred subsequent to the funding.
If the local government HB4441 Engrossed - 2 - LRB093 16631 SJM 42281 b approves the program and funding is subsequently provided, the State shall reimburse the local governments only for costs incurred subsequent to the funding.
However, if a fiscal note is not filed by the appropriate agency within 30 days of introduction of a bill, the bill can be heard in committee HB4441 - 3 - LRB093 16631 SJM 42281 b and advanced to the order of second reading.
However, if a fiscal note is not filed by the appropriate agency within 30 days of introduction of a bill, the bill can be heard in committee HB4441 Engrossed - 3 - LRB093 16631 SJM 42281 b and advanced to the order of second reading.
The Department, HB4441 - 4 - LRB093 16631 SJM 42281 b State Superintendent of Education or Illinois Community College Board shall review such claim and estimate and shall determine within 90 days after receiving a claim whether the claim is reimbursable or nonreimbursable as provided for in this Act and shall notify each local government that files a claim of its determination.
The Department, HB4441 Engrossed - 4 - LRB093 16631 SJM 42281 b State Superintendent of Education or Illinois Community College Board shall review such claim and estimate and shall determine within 90 days after receiving a claim whether the claim is reimbursable or nonreimbursable as provided for in this Act and shall notify each local government that files a claim of its determination.
The Department, State Superintendent of Education or Illinois Community College Board shall apportion the claims into 3 equal installments and shall direct the Comptroller to pay the first installment upon approval of the claims, with subsequent installments to follow on January 1 and March 1, such claims to be paid from funds appropriated therefor, provided that the Department, State Superintendent of Education or Illinois Community College Board (i) may audit the records of any local governments to verify the actual amount of the HB4441 - 5 - LRB093 16631 SJM 42281 b mandated cost, (ii) may reduce any claim, determined to be excessive or unreasonable, and (iii) shall adjust the payment to correct for any underpayments or overpayments which occurred in the previous fiscal year.
The Department, State Superintendent of Education or Illinois Community College Board shall apportion the claims into 3 equal installments and shall direct the Comptroller to pay the first installment upon approval of the claims, with subsequent installments to follow on January 1 and March 1, such claims to be paid from funds appropriated therefor, provided that the Department, State Superintendent of Education or Illinois Community College Board (i) may audit the records of any local governments to verify the actual amount of the HB4441 Engrossed - 5 - LRB093 16631 SJM 42281 b mandated cost, (ii) may reduce any claim, determined to be excessive or unreasonable, and (iii) shall adjust the payment to correct for any underpayments or overpayments which occurred in the previous fiscal year.
(2) A local government may also appeal directly to the State Mandates Board of Review in those situations in which the HB4441 - 6 - LRB093 16631 SJM 42281 b Department of Commerce and Community Affairs does not act upon the local government’s application for reimbursement or request for mandate determination submitted under this Act.
(2) A local government may also appeal directly to the State Mandates Board of Review in those situations in which the HB4441 Engrossed - 6 - LRB093 16631 SJM 42281 b Department of Commerce and Community Affairs does not act upon the local government’s application for reimbursement or request for mandate determination submitted under this Act.
If, after hearing the evidence, the Board approves any additional reimbursement for such local government, the chairman of the State Mandates Board of Review shall notify the agency HB4441 - 7 - LRB093 16631 SJM 42281 b responsible for distributing those funds and that agency shall direct the Comptroller to disburse such funds, subject to available appropriation.
If, after hearing the evidence, the Board approves any additional reimbursement for such local government, the chairman of the State Mandates Board of Review shall notify the agency HB4441 Engrossed - 7 - LRB093 16631 SJM 42281 b responsible for distributing those funds and that agency shall direct the Comptroller to disburse such funds, subject to available appropriation.
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Action History

  1. Session Sine Die

  2. Added as Alternate Co-Sponsor Sen. Wendell E. Jones

  3. Fiscal Note Filed from the Illinois Department of Revenue.

  4. Added as Alternate Co-Sponsor Sen. Pamela J. Althoff

  5. Referred to Rules

  6. First Reading

  7. Chief Senate Sponsor Sen. Susan Garrett

  8. Placed on Calendar Order of First Reading

  9. Arrive in Senate

  10. Added Co-Sponsor Rep. Sandra M. Pihos

  11. Added Co-Sponsor Rep. Eileen Lyons

  12. Added Co-Sponsor Rep. Patricia R. Bellock

  13. Added Co-Sponsor Rep. Karen May

  14. Added Co-Sponsor Rep. Paul D. Froehlich

  15. Third Reading - Short Debate - Passed 115-000-000

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. Second Reading - Short Debate

  18. Placed on Calendar 2nd Reading - Short Debate

  19. Do Pass as Amended / Short Debate Local Government Committee; 022-000-000

  20. House Committee Amendment No. 1 Adopted in Local Government Committee; by Voice Vote

  21. House Committee Amendment No. 1 Filed with Clerk by Local Government Committee

  22. Added Chief Co-Sponsor Rep. Robin Kelly

  23. Added Chief Co-Sponsor Rep. Elizabeth Coulson

  24. Added Chief Co-Sponsor Rep. Sidney H. Mathias

  25. Added Chief Co-Sponsor Rep. Elaine Nekritz

  26. Assigned to Local Government Committee

  27. Referred to Rules Committee

  28. First Reading

  29. Filed with the Clerk by Rep. Kathleen A. Ryg

Sponsors

  • Kathleen A. Ryg · Cosponsor
  • Pamela J. Althoff · Cosponsor
  • Thaddeus Jones · Cosponsor

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 180 not signed on

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 103003
Democrat 9000
Republican 3000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Washington — Yea
Younge — Yea
Kurtz — Yea
Lindner — Yea
Acevedo — Yea
Aguilar — Yea
Mathias — Yea
Beaubien — Yea
Bassi — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Capparelli — Not Voting
Molaro — Yea
Munson — Yea
Graham — Yea
Hamos — Yea
Holbrook — Yea
Jefferson — Yea
Osmond — Yea
Parke — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Phelps — Yea
Pihos — Yea
Scully — Yea
Slone — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Giles — Yea
Gordon — Yea
Krause — Yea
Brady — Yea
Madigan — Not Voting
Meyer — Yea
Millner — Yea
Moffitt — Yea
Burke — Yea
Mitchell, Bill — Yea
Hannig — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Morrow — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Howard — Yea
Pankau — Yea
Tenhouse — Yea
Turner — Yea
Verschoore — Yea
Watson — Yea
Wait — Yea
Jones — Yea
Winters — Yea
Davis, Monique — Yea
Davis, Steve — Yea
Yarbrough — Yea
Churchill — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Not Voting
Daniels — Yea
Granberg — Yea
Grunloh — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Kosel — Yea
Poe — Yea
Pritchard — Yea
Ryg — Yea
Sacia — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

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Subjects

public-safety taxation
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Frequently asked questions

What does HB 4441 do?
Amends the State Mandates Act. Changes references concerning the implementation of service mandates, tax exemption mandates, and personnel mandates. Provides that the appropriate State entity shall determine within 90 days after receiving a claim for reimbursement whether the claim is reimbursable under the Act and shall notify each local government filing a claim of its determination. If the appropriate State entity fails to notify the local government concerning its claim within 90 days, the local government shall assume the claim is reimbursable. Failure to timely notify the local government relieves the local government of the obligation to implement the mandate. Places identical decision and notification requirements on the State Mandates Board of Review with respect to appeals it handles. Removes provisions authorizing direct appeal to the State Mandates Board of Review if the Department of Commerce and Economic Opportunity does not respond to a claim for reimbursement within 120 days. Provides that members of the State Mandates Board of Review shall have experience in local government finance. Effective immediately.
Who sponsors HB 4441?
HB 4441 is sponsored by Kathleen A. Ryg, Pamela J. Althoff, and Thaddeus Jones (Democrat).
What is the current status of HB 4441?
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4441?
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