Full Text of SB0440 96th General Assembly
SB0440 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0440
Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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30 ILCS 805/3 |
from Ch. 85, par. 2203 |
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Amends the State Mandates Act. Makes a technical change in a Section concerning definitions.
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A BILL FOR
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SB0440 |
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LRB096 06472 RCE 16556 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The State Mandates Act is amended by changing | 5 |
| Section 3 as follows:
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| (30 ILCS 805/3) (from Ch. 85, par. 2203)
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| 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
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| district.
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| (b) "State mandate" means any State-initiated
statutory or | 12 |
| executive action that
that requires a local government to
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| establish, expand or modify its activities in such a way as to
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| 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 Act. | 18 |
| However, where the General
Assembly enacts legislation to | 19 |
| comply with a federal
mandate, the State shall be exempt from | 20 |
| the requirement of reimbursing
for the cost of the mandated | 21 |
| program. | 22 |
| (c) "Local government organization and structure mandate" | 23 |
| means a
State mandate concerning such matters as (1) the form |
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SB0440 |
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LRB096 06472 RCE 16556 b |
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| of local
government and the adoption and revision of statutes | 2 |
| on the organization
of local government; (2) the establishment | 3 |
| of multi-county districts,
councils of governments, or other | 4 |
| forms and structures for interlocal
cooperation and | 5 |
| coordination; (3) the holding of local elections; (4)
the | 6 |
| designation of public officers, and their duties, powers and
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| responsibilities; and (5) the prescription of administrative | 8 |
| practices
and procedures for local governing bodies.
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| (d) "Due process mandate" means a State mandate concerning | 10 |
| such
matters as the (1) administration of justice; (2) | 11 |
| notification and
conduct of public hearings; (3) procedures for | 12 |
| administrative and
judicial review of actions taken by local | 13 |
| governing bodies and (4)
protection of the public from | 14 |
| malfeasance, misfeasance, or nonfeasance
by local government | 15 |
| officials.
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| (e) "Benefit spillover" means the process of accrual of | 17 |
| social or
other benefits from a governmental service to | 18 |
| jurisdictions adjacent to
or beyond the jurisdiction providing | 19 |
| the service.
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| (f) "Service mandate" means a State mandate as to creation | 21 |
| or
expansion of governmental services or delivery standards | 22 |
| therefor and
those applicable to services having substantial | 23 |
| benefit spillover and
consequently being wider than local | 24 |
| concern. For purposes of this Act,
applicable services include | 25 |
| but are not limited to (1) elementary and
secondary education, | 26 |
| (2) community colleges, (3) public health, (4)
hospitals, (5) |
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LRB096 06472 RCE 16556 b |
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| public assistance, (6) air pollution control, (7) water
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| pollution control, (8) solid waste treatment and disposal. A | 3 |
| State
mandate that expands the duties of a public official by | 4 |
| requiring the
provision of additional services is a "service | 5 |
| mandate" rather than a
"local government organization and | 6 |
| structure mandate".
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| (g) "Tax exemption mandate" means a State mandate that | 8 |
| exempts
privately owned property or other specified items from | 9 |
| the local tax
base, such as (1) exemption of business | 10 |
| inventories from the local
property tax base, and (2) exemption | 11 |
| of food or medicine from the local
"sales" tax.
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| (h) "Personnel mandate" means a State mandate concerning or
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| affecting local government (1) salaries and wages; (2) employee
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| qualifications and training (except when any civil service | 15 |
| commission,
professional licensing board, or personnel board | 16 |
| or agency established
by State law sets and administers | 17 |
| standards relative to merit-based
recruitment or candidates | 18 |
| for employment or conducts and grades
examinations and rates | 19 |
| candidates in order of their relative excellence
for purposes | 20 |
| of making appointments or promotions to positions in the
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| competitive division of the classified service of the public | 22 |
| employer
served by such commission, board, or agency); (3) | 23 |
| hours, location of
employment, and other working conditions; | 24 |
| and (4) fringe benefits
including insurance, health, medical | 25 |
| care, retirement and other
benefits.
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| (Source: P.A. 81-1562.)
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