093_HB0968eng

 
HB0968 Engrossed                     LRB093 05795 RCE 05888 b

 1        AN ACT concerning State mandates.

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

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

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