Illinois General Assembly - Full Text of SB0302
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Full Text of SB0302  98th General Assembly



State of Illinois
2013 and 2014


Introduced 1/23/2013, by Sen. John J. Cullerton


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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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: (a) "Local
8government" means a municipality, county, township, other unit
9of local government, school district, or community college
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 Act.
18However, 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
22    (c) "Local government organization and structure mandate"
23means a State mandate concerning such matters as (1) the form



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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 for
12administrative and judicial review of actions taken by local
13governing bodies and (4) protection of the public from
14malfeasance, misfeasance, or nonfeasance by local government
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)



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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) exemption
11of food or medicine from the local "sales" tax.
12    (h) "Personnel mandate" means a State mandate concerning or
13affecting local government (1) salaries and wages; (2) employee
14qualifications and training (except when any civil service
15commission, professional licensing board, or personnel board
16or 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.)