102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0874

 

Introduced 2/25/2021, by Sen. Don Harmon

 

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.


LRB102 04739 RJF 14758 b

 

 

A BILL FOR

 

SB0874LRB102 04739 RJF 14758 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Mandates Act is amended by changing
5Section 3 as follows:
 
6    (30 ILCS 805/3)  (from Ch. 85, par. 2203)
7    Sec. 3. Definition. As used in this Act:
8    (a) "Local government" means a municipality, county,
9township, other unit of local government, school district, or
10community college district.
11    (b) "State mandate" means any State-initiated statutory or
12executive action that that requires a local government to
13establish, expand or modify its activities in such a way as to
14necessitate additional expenditures from local revenues,
15excluding any order issued by a court other than any order
16enforcing such statutory or executive action. State mandates
17may be reimbursable or nonreimbursable as provided in this
18Act. However, where the General Assembly enacts legislation to
19comply with a federal mandate, the State shall be exempt from
20the requirement of reimbursing for the cost of the mandated
21program.
22    (c) "Local government organization and structure mandate"
23means a State mandate concerning such matters as (1) the form

 

 

SB0874- 2 -LRB102 04739 RJF 14758 b

1of local government and the adoption and revision of statutes
2on the organization of local government; (2) the establishment
3of multi-county districts, councils of governments, or other
4forms and structures for interlocal cooperation and
5coordination; (3) the holding of local elections; (4) the
6designation of public officers, and their duties, powers and
7responsibilities; and (5) the prescription of administrative
8practices and procedures for local governing bodies.
9    (d) "Due process mandate" means a State mandate concerning
10such matters as the (1) administration of justice; (2)
11notification and conduct of public hearings; (3) procedures
12for administrative and judicial review of actions taken by
13local governing bodies and (4) protection of the public from
14malfeasance, misfeasance, or nonfeasance by local government
15officials.
16    (e) "Benefit spillover" means the process of accrual of
17social or other benefits from a governmental service to
18jurisdictions adjacent to or beyond the jurisdiction providing
19the service.
20    (f) "Service mandate" means a State mandate as to creation
21or expansion of governmental services or delivery standards
22therefor and those applicable to services having substantial
23benefit spillover and consequently being wider than local
24concern. For purposes of this Act, applicable services include
25but are not limited to (1) elementary and secondary education,
26(2) community colleges, (3) public health, (4) hospitals, (5)

 

 

SB0874- 3 -LRB102 04739 RJF 14758 b

1public assistance, (6) air pollution control, (7) water
2pollution control, (8) solid waste treatment and disposal. A
3State mandate that expands the duties of a public official by
4requiring the provision of additional services is a "service
5mandate" rather than a "local government organization and
6structure mandate".
7    (g) "Tax exemption mandate" means a State mandate that
8exempts privately owned property or other specified items from
9the local tax base, such as (1) exemption of business
10inventories from the local property tax base, and (2)
11exemption of food or medicine from the local "sales" tax.
12    (h) "Personnel mandate" means a State mandate concerning
13or affecting local government (1) salaries and wages; (2)
14employee qualifications and training (except when any civil
15service commission, professional licensing board, or personnel
16board or agency established by State law sets and administers
17standards relative to merit-based recruitment or candidates
18for employment or conducts and grades examinations and rates
19candidates in order of their relative excellence for purposes
20of making appointments or promotions to positions in the
21competitive division of the classified service of the public
22employer served by such commission, board, or agency); (3)
23hours, location of employment, and other working conditions;
24and (4) fringe benefits including insurance, health, medical
25care, retirement and other benefits.
26(Source: P.A. 81-1562.)