96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0440


 
Introduced 2/6/2009, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		













30 ILCS 805/3
  from Ch. 85, par. 2203







    Amends the State Mandates Act.  Makes a technical change in a Section concerning definitions.
















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A BILL FOR









 











SB0440

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    AN ACT concerning finance.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 

 
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    Section 5. The State Mandates Act is amended by changing 
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Section 3 as follows:
 



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    (30 ILCS 805/3)  (from Ch. 85, par. 2203)



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    Sec. 3. Definition. As used in this Act:
(a) "Local 
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government" means a municipality, county, township, other
unit 
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of local government, school district, or community college

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district.

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    (b) "State mandate" means any State-initiated
statutory   or 
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executive action that
that requires a local government to

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establish, expand or modify its activities in such a way as to

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necessitate additional expenditures from local revenues, 
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excluding any
order issued by a court other than any order 
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enforcing such
statutory or executive action. State mandates 
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may be reimbursable or
nonreimbursable as provided in this Act. 
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However, where the General
Assembly enacts legislation to 
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comply with a federal
mandate, the State shall be exempt from 
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the requirement of reimbursing
for the cost of the mandated 
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program.
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    (c) "Local government organization and structure mandate" 
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means a
State mandate concerning such matters as (1) the form 
 


 






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of local
government and the adoption and revision of statutes 
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on the organization
of local government; (2) the establishment 
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of multi-county districts,
councils of governments, or other 
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forms and structures for interlocal
cooperation and 
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coordination; (3) the holding of local elections; (4)
the 
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designation of public officers, and their duties, powers and

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responsibilities; and (5) the prescription of administrative 
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practices
and procedures for local governing bodies.

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    (d) "Due process mandate" means a State mandate concerning 
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such
matters as the (1) administration of justice; (2) 
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notification and
conduct of public hearings; (3) procedures for 
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administrative and
judicial review of actions taken by local 
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governing bodies and (4)
protection of the public from 
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malfeasance, misfeasance, or nonfeasance
by local government 
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officials.

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    (e) "Benefit spillover" means the process of accrual of 
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social or
other benefits from a governmental service to 
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jurisdictions adjacent to
or beyond the jurisdiction providing 
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the service.

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    (f) "Service mandate" means a State mandate as to creation 
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or
expansion of governmental services or delivery standards 
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therefor and
those applicable to services having substantial 
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benefit spillover and
consequently being wider than local 
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concern. For purposes of this Act,
applicable services  include 
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but are not limited to (1) elementary and
secondary education, 
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(2) community colleges, (3) public health, (4)
hospitals, (5) 
 


 






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public assistance, (6) air pollution control, (7) water

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pollution control, (8) solid waste treatment and disposal.  A 
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State
mandate that expands the duties of a public official by 
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requiring the
provision of additional services is a "service 
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mandate" rather than a
"local government organization and 
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structure mandate".

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    (g) "Tax exemption mandate" means a State mandate that 
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exempts
privately owned property or other specified items from 
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the local tax
base, such as (1) exemption of business 
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inventories from the local
property tax base, and (2) exemption 
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of food or medicine from the local
"sales" tax.

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    (h) "Personnel mandate" means a State mandate concerning or

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affecting local government (1) salaries and wages; (2) employee

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qualifications and training (except when any civil service 
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commission,
professional licensing board, or personnel board 
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or agency established
by State law sets and administers 
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standards relative to merit-based
recruitment or candidates 
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for employment or conducts and grades
examinations and rates 
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candidates in order of their relative excellence
for purposes 
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of making appointments or promotions to positions in the

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competitive division of the classified service of the public 
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employer
served by such commission, board, or agency); (3) 
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hours, location of
employment, and other working conditions; 
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and (4) fringe benefits
including insurance, health, medical 
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care, retirement and other
benefits.

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(Source: P.A. 81-1562.)