Rep. Kelly Burke

Filed: 3/24/2014

09800HB5840ham001LRB098 20302 RPM 57455 a
1
AMENDMENT TO HOUSE BILL 5840
2 AMENDMENT NO. ______. Amend House Bill 5840 by replacing
3everything after the enacting clause with the following:
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: (a) "Local
8government" means a municipality, county, township, other unit
9of local government, school district, or community college
10district.
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

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1may be reimbursable or nonreimbursable as provided in this Act.
2However, where the General Assembly enacts legislation to
3comply with a federal mandate, the State shall be exempt from
4the requirement of reimbursing for the cost of the mandated
5program.
6 (c) "Local government organization and structure mandate"
7means a State mandate concerning such matters as (1) the form
8of local government and the adoption and revision of statutes
9on the organization of local government; (2) the establishment
10of multi-county districts, councils of governments, or other
11forms and structures for interlocal cooperation and
12coordination; (3) the holding of local elections; (4) the
13designation of public officers, and their duties, powers and
14responsibilities; and (5) the prescription of administrative
15practices and procedures for local governing bodies.
16 (d) "Due process mandate" means a State mandate concerning
17such matters as the (1) administration of justice; (2)
18notification and conduct of public hearings; (3) procedures for
19administrative and judicial review of actions taken by local
20governing bodies and (4) protection of the public from
21malfeasance, misfeasance, or nonfeasance by local government
22officials.
23 (e) "Benefit spillover" means the process of accrual of
24social or other benefits from a governmental service to
25jurisdictions adjacent to or beyond the jurisdiction providing
26the service.

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1 (f) "Service mandate" means a State mandate as to creation
2or expansion of governmental services or delivery standards
3therefor and those applicable to services having substantial
4benefit spillover and consequently being wider than local
5concern. For purposes of this Act, applicable services include
6but are not limited to (1) elementary and secondary education,
7(2) community colleges, (3) public health, (4) hospitals, (5)
8public assistance, (6) air pollution control, (7) water
9pollution control, (8) solid waste treatment and disposal. A
10State mandate that expands the duties of a public official by
11requiring the provision of additional services is a "service
12mandate" rather than a "local government organization and
13structure mandate".
14 (g) "Tax exemption mandate" means a State mandate that
15exempts privately owned property or other specified items from
16the local tax base, such as (1) exemption of business
17inventories from the local property tax base, and (2) exemption
18of food or medicine from the local "sales" tax.
19 (h) "Personnel mandate" means a State mandate concerning or
20affecting local government (1) salaries and wages; (2) employee
21qualifications and training (except when any civil service
22commission, professional licensing board, or personnel board
23or agency established by State law sets and administers
24standards relative to merit-based recruitment or candidates
25for employment or conducts and grades examinations and rates
26candidates in order of their relative excellence for purposes

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1of making appointments or promotions to positions in the
2competitive division of the classified service of the public
3employer served by such commission, board, or agency); (3)
4hours, location of employment, and other working conditions;
5and (4) fringe benefits including insurance, health, medical
6care, retirement and other benefits.
7(Source: P.A. 81-1562.)".