Full Text of HB5840 98th General Assembly
HB5840ham001 98TH GENERAL ASSEMBLY | Rep. Kelly Burke Filed: 3/24/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5840
| 2 | | AMENDMENT NO. ______. Amend House Bill 5840 by replacing | 3 | | everything after the enacting clause with the following:
| 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. Definition. As used in this Act:
(a) "Local | 8 | | government" means a municipality, county, township, other
unit | 9 | | of local government, school district, or community college
| 10 | | district.
| 11 | | (b) "State mandate" means any State-initiated
statutory or | 12 | | executive action that
that requires a local government to
| 13 | | establish, expand or modify its activities in such a way as to
| 14 | | 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 |
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| 1 | | may be reimbursable or
nonreimbursable as provided in this Act. | 2 | | However, where the General
Assembly enacts legislation to | 3 | | comply with a federal
mandate, the State shall be exempt from | 4 | | the requirement of reimbursing
for the cost of the mandated | 5 | | program. | 6 | | (c) "Local government organization and structure mandate" | 7 | | means a
State mandate concerning such matters as (1) the form | 8 | | of local
government and the adoption and revision of statutes | 9 | | on the organization
of local government; (2) the establishment | 10 | | of multi-county districts,
councils of governments, or other | 11 | | forms and structures for interlocal
cooperation and | 12 | | coordination; (3) the holding of local elections; (4)
the | 13 | | designation of public officers, and their duties, powers and
| 14 | | responsibilities; and (5) the prescription of administrative | 15 | | practices
and procedures for local governing bodies.
| 16 | | (d) "Due process mandate" means a State mandate concerning | 17 | | such
matters as the (1) administration of justice; (2) | 18 | | notification and
conduct of public hearings; (3) procedures for | 19 | | administrative and
judicial review of actions taken by local | 20 | | governing bodies and (4)
protection of the public from | 21 | | malfeasance, misfeasance, or nonfeasance
by local government | 22 | | officials.
| 23 | | (e) "Benefit spillover" means the process of accrual of | 24 | | social or
other benefits from a governmental service to | 25 | | jurisdictions adjacent to
or beyond the jurisdiction providing | 26 | | the service.
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| 1 | | (f) "Service mandate" means a State mandate as to creation | 2 | | or
expansion of governmental services or delivery standards | 3 | | therefor and
those applicable to services having substantial | 4 | | benefit spillover and
consequently being wider than local | 5 | | concern. For purposes of this Act,
applicable services include | 6 | | but are not limited to (1) elementary and
secondary education, | 7 | | (2) community colleges, (3) public health, (4)
hospitals, (5) | 8 | | public assistance, (6) air pollution control, (7) water
| 9 | | pollution control, (8) solid waste treatment and disposal. A | 10 | | State
mandate that expands the duties of a public official by | 11 | | requiring the
provision of additional services is a "service | 12 | | mandate" rather than a
"local government organization and | 13 | | structure mandate".
| 14 | | (g) "Tax exemption mandate" means a State mandate that | 15 | | exempts
privately owned property or other specified items from | 16 | | the local tax
base, such as (1) exemption of business | 17 | | inventories from the local
property tax base, and (2) exemption | 18 | | of food or medicine from the local
"sales" tax.
| 19 | | (h) "Personnel mandate" means a State mandate concerning or
| 20 | | affecting local government (1) salaries and wages; (2) employee
| 21 | | qualifications and training (except when any civil service | 22 | | commission,
professional licensing board, or personnel board | 23 | | or agency established
by State law sets and administers | 24 | | standards relative to merit-based
recruitment or candidates | 25 | | for employment or conducts and grades
examinations and rates | 26 | | candidates in order of their relative excellence
for purposes |
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| 1 | | of making appointments or promotions to positions in the
| 2 | | competitive division of the classified service of the public | 3 | | employer
served by such commission, board, or agency); (3) | 4 | | hours, location of
employment, and other working conditions; | 5 | | and (4) fringe benefits
including insurance, health, medical | 6 | | care, retirement and other
benefits.
| 7 | | (Source: P.A. 81-1562.)".
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