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