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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB0300 Introduced 1/23/2013, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
| | 30 ILCS 805/3 | from Ch. 85, par. 2203 |
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Amends the State Mandates Act. Makes a technical change in a Section concerning definitions.
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The State Mandates Act is amended by changing |
| 5 | | Section 3 as follows:
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| 6 | | (30 ILCS 805/3) (from Ch. 85, par. 2203)
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| 7 | | Sec. 3. Definition. As used in this Act:
(a) "Local |
| 8 | | government" means a municipality, county, township, other
unit |
| 9 | | of local government, school district, or community college
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| 10 | | district.
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| 11 | | (b) "State mandate" means any State-initiated
statutory or |
| 12 | | executive action that
that requires a local government to
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| 13 | | establish, expand or modify its activities in such a way as to
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| 14 | | necessitate additional expenditures from local revenues, |
| 15 | | excluding any
order issued by a court other than any order |
| 16 | | enforcing such
statutory or executive action. State mandates |
| 17 | | may be reimbursable or
nonreimbursable as provided in this Act. |
| 18 | | However, where the General
Assembly enacts legislation to |
| 19 | | comply with a federal
mandate, the State shall be exempt from |
| 20 | | the requirement of reimbursing
for the cost of the mandated |
| 21 | | program. |
| 22 | | (c) "Local government organization and structure mandate" |
| 23 | | means a
State mandate concerning such matters as (1) the form |
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| 1 | | of local
government and the adoption and revision of statutes |
| 2 | | on the organization
of local government; (2) the establishment |
| 3 | | of multi-county districts,
councils of governments, or other |
| 4 | | forms and structures for interlocal
cooperation and |
| 5 | | coordination; (3) the holding of local elections; (4)
the |
| 6 | | designation of public officers, and their duties, powers and
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| 7 | | responsibilities; and (5) the prescription of administrative |
| 8 | | practices
and procedures for local governing bodies.
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| 9 | | (d) "Due process mandate" means a State mandate concerning |
| 10 | | such
matters as the (1) administration of justice; (2) |
| 11 | | notification and
conduct of public hearings; (3) procedures for |
| 12 | | administrative and
judicial review of actions taken by local |
| 13 | | governing bodies and (4)
protection of the public from |
| 14 | | malfeasance, misfeasance, or nonfeasance
by local government |
| 15 | | officials.
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| 16 | | (e) "Benefit spillover" means the process of accrual of |
| 17 | | social or
other benefits from a governmental service to |
| 18 | | jurisdictions adjacent to
or beyond the jurisdiction providing |
| 19 | | the service.
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| 20 | | (f) "Service mandate" means a State mandate as to creation |
| 21 | | or
expansion of governmental services or delivery standards |
| 22 | | therefor and
those applicable to services having substantial |
| 23 | | benefit spillover and
consequently being wider than local |
| 24 | | concern. For purposes of this Act,
applicable services include |
| 25 | | but are not limited to (1) elementary and
secondary education, |
| 26 | | (2) community colleges, (3) public health, (4)
hospitals, (5) |
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| 1 | | public assistance, (6) air pollution control, (7) water
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| 2 | | pollution control, (8) solid waste treatment and disposal. A |
| 3 | | State
mandate that expands the duties of a public official by |
| 4 | | requiring the
provision of additional services is a "service |
| 5 | | mandate" rather than a
"local government organization and |
| 6 | | structure mandate".
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| 7 | | (g) "Tax exemption mandate" means a State mandate that |
| 8 | | exempts
privately owned property or other specified items from |
| 9 | | the local tax
base, such as (1) exemption of business |
| 10 | | inventories from the local
property tax base, and (2) exemption |
| 11 | | of food or medicine from the local
"sales" tax.
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| 12 | | (h) "Personnel mandate" means a State mandate concerning or
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| 13 | | affecting local government (1) salaries and wages; (2) employee
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| 14 | | qualifications and training (except when any civil service |
| 15 | | commission,
professional licensing board, or personnel board |
| 16 | | or agency established
by State law sets and administers |
| 17 | | standards relative to merit-based
recruitment or candidates |
| 18 | | for employment or conducts and grades
examinations and rates |
| 19 | | candidates in order of their relative excellence
for purposes |
| 20 | | of making appointments or promotions to positions in the
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| 21 | | competitive division of the classified service of the public |
| 22 | | employer
served by such commission, board, or agency); (3) |
| 23 | | hours, location of
employment, and other working conditions; |
| 24 | | and (4) fringe benefits
including insurance, health, medical |
| 25 | | care, retirement and other
benefits.
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| 26 | | (Source: P.A. 81-1562.)
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