Bill Text: IL HB5840 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the State Mandates Act. Requires the State Board of Education to collect and maintain information concerning State mandates for schools, determine the statewide implementation of State mandates for schools, review school district applications for reimbursement submitted under the Act where the General Assembly has appropriated funds to reimburse school districts for costs associated with the implementation of a State mandate, and annually report to the Governor and the General Assembly regarding the administration of the Act and changes proposed to the Act that concern schools. Requires the Legislative Research Unit to conduct public hearings as needed to review the information collected and the recommendations made by the Board. Provides that within 2 years following the effective date of the amendatory Act, the Board shall collect and tabulate relevant information as to the nature and scope of each existing State mandate for schools. Further provides that failure of the General Assembly to appropriate adequate funds for reimbursement to schools as required by this Act shall not relieve the Board from these obligations. Requires that fiscal notes on bills creating State mandates shall include actual implementation cost data and analysis generated by school districts. Makes changes concerning appeals under the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5840 Detail]

Download: Illinois-2013-HB5840-Amended.html

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Rep. Kelly Burke

Filed: 3/24/2014

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AMENDMENT TO HOUSE BILL 5840
AMENDMENT NO. ______. Amend House Bill 5840 by replacing
everything after the enacting clause with the following:
"Section 5. The State Mandates Act is amended by changing
Section 3 as follows:
(30 ILCS 805/3) (from Ch. 85, par. 2203)
Sec. 3. Definition. As used in this Act: (a) "Local
government" means a municipality, county, township, other unit
of local government, school district, or community college
district.
(b) "State mandate" means any State-initiated statutory or
executive action that 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. State mandates

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may be reimbursable or nonreimbursable as provided in this Act.
However, where the General Assembly enacts legislation to
comply with a federal mandate, the State shall be exempt from
the requirement of reimbursing for the cost of the mandated
program.
(c) "Local government organization and structure mandate"
means a State mandate concerning such matters as (1) the form
of local government and the adoption and revision of statutes
on the organization of local government; (2) the establishment
of multi-county districts, councils of governments, or other
forms and structures for interlocal cooperation and
coordination; (3) the holding of local elections; (4) the
designation of public officers, and their duties, powers and
responsibilities; and (5) the prescription of administrative
practices and procedures for local governing bodies.
(d) "Due process mandate" means a State mandate concerning
such matters as the (1) administration of justice; (2)
notification and conduct of public hearings; (3) procedures for
administrative and judicial review of actions taken by local
governing bodies and (4) protection of the public from
malfeasance, misfeasance, or nonfeasance by local government
officials.
(e) "Benefit spillover" means the process of accrual of
social or other benefits from a governmental service to
jurisdictions adjacent to or beyond the jurisdiction providing
the service.

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(f) "Service mandate" means a State mandate as to creation
or expansion of governmental services or delivery standards
therefor and those applicable to services having substantial
benefit spillover and consequently being wider than local
concern. For purposes of this Act, applicable services include
but are not limited to (1) elementary and secondary education,
(2) community colleges, (3) public health, (4) hospitals, (5)
public assistance, (6) air pollution control, (7) water
pollution control, (8) solid waste treatment and disposal. A
State mandate that expands the duties of a public official by
requiring the provision of additional services is a "service
mandate" rather than a "local government organization and
structure mandate".
(g) "Tax exemption mandate" means a State mandate that
exempts privately owned property or other specified items from
the local tax base, such as (1) exemption of business
inventories from the local property tax base, and (2) exemption
of food or medicine from the local "sales" tax.
(h) "Personnel mandate" means a State mandate concerning or
affecting local government (1) salaries and wages; (2) employee
qualifications and training (except when any civil service
commission, professional licensing board, or personnel board
or agency established by State law sets and administers
standards relative to merit-based recruitment or candidates
for employment or conducts and grades examinations and rates
candidates in order of their relative excellence for purposes

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of making appointments or promotions to positions in the
competitive division of the classified service of the public
employer served by such commission, board, or agency); (3)
hours, location of employment, and other working conditions;
and (4) fringe benefits including insurance, health, medical
care, retirement and other benefits.
(Source: P.A. 81-1562.)".