TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100
PROCEDURES
SECTION 100.EXHIBIT A APPEAL PETITION
Section 100.EXHIBIT A Appeal Petition
Instructions: This Appeal Petition must be entirely
completed. When completed, ten (10) copies of it and all supporting exhibits
and documentation must be filed with the Board office at 620 E. Adams, Springfield,
Il. 62701.
I.
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Background Information
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A.
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Name of the Petitioner:
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Principal office address:
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Telephone: (Area Code)
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B.
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Name of Petitioner's Representative
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Title:
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Office Address:
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Phone: Area Code:
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C.
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Check the Petitioner's status:
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1.
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Municipality
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School District
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2.
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County
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Community College District
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3.
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Township
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6.
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Other
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Specify:
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II.
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Description of the Mandate
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A.
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Describe the mandate in question:
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B.
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Check the source of the mandate and provide the correct
citation.
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1.
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Statutory:
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2.
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Executive Order:
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3.
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Administrative Rule:
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C.
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When did the mandate first become effective?
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D.
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Check the type of mandate which you believe is involved:
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1.
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Local government organization and structure mandate, as
defined in 3 (c) of the Act;
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2.
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Due process mandate, as defined in 3(d) of the Act;
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3.
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Service mandate, as defined in 3(g). If so complete the
following:
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(a) Is
there any program of State aid for the service required by the mandate?
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Yes No
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If yes,
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(1) Provide
the name of the program:
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(2) Is
non-local share 50% or more?
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Yes No
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(3) Are
the increased costs allowable expenditures under the aid program?
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Yes No
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On what do you base your determination?
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(4) Is
all or part of the net increase in cost resulting from the mandate met by:
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(a) Federal
financial assistance:
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Yes No
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(b) Other
external financial sources:
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Yes No
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(c) If
(4)(a) or (b) is yes, how much? $______________
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4.
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Tax exemption mandate as defined in 3(g).
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If so, complete the following:
a. Does
the appeal involve a loss of tax revenue?
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Yes No
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If yes:
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(1) Does
that loss of revenue result from a loss of tax base?
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Yes No
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(a) Describe
the type of property involved in the classification or exemption which causes
tax base loss.
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1.
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Real property
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2.
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Personal property
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3.
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Other – specify:
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(b) Was
this type of property assessed for real estate tax purposes January 1, 1980?
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Yes No
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If yes, state:
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1. Value
for tax purposes of the property reclassified or made exempt by the mandate.
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2. The
tax rate extended against such property in the latest year in which
collection* was made.
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3. The
rate of collection in the latest year in which collection was made.
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4. The
revenue lost due to the mandate in the latest year in which collection was
made. $_________________
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5. The
projected loss of revenue due to the mandate for the current collection
year. $__________________
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*For the
purpose of this Section 4(b)2, the word "collection" shall be deemed
to mean the "issuance of final tax bills for the year in question".
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5.
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Personnel mandate as defined in 3(h) of the Act. If so,
check which of the following are involved:
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a.
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Salaries and wages
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b.
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Employee qualifications
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c.
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Employee training
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d.
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Hours
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e.
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Location of employment
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f.
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Other working conditions
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g.
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Insurance
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h.
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Health
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Medical care
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j.
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Retirement. If checked, document the extent to which such
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employee retirement benefits will be involved.
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k.
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Other benefits. If checked, describe in detail:
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III.
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Reimbursement Standards
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A.
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State the increase in cost directly attributable to the
mandate from the effective of the mandate to the first June 30th
following the effective date: _______________
Provide supporting documentation for III A and B and basis
for estimates, if any, as an exhibit.
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B.
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State the increase in cost directly attributable to the
mandate from the 1st to the 2nd June 30th
following the effective date: __________________________________
Provide supporting documentation for III A and B and basis
for estimates, if any, as an exhibit.
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C.
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Did Petitioner or any entity in which petitioner was a
member provide all or any portion of the mandated services prior to the
effective date of the mandate?
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Yes No
If yes:
(1) Please
describe the extent and manner in which the services were provided and the
cost of those services.
(2) State
whether the Petitioner has or is prepared to reduce real property taxes
commensurately?
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Yes No
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D.
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Was the mandate:
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(1)
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Adopted at the request of the Petitioner?
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Yes No
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(2)
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Adopted at the request of an organization in which the
Petitioner is a member?
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Yes No
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(3)
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Can the additional duties be carried out by the existing
staff and procedures?
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Yes No
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(a) If yes, can they be done at no appreciable cost
increase?
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Yes No
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(b) Does the mandate provide any offsetting
savings?
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Yes No
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(i) If yes, indicate the amount of these savings
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(4)
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Does the mandate impose additional net annual cost
increases of $1,000.00 or more for the Petitioner?
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(5)
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Does the mandate impose additional net costs of $50,000.00
or more for all local governments affected?
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Yes No
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(6)
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If any of the preceding paragraphs (1) - (5) were answered
Yes, did the law imposing the mandate explicitly state that exception?
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Yes No
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E.
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Has the State of Illinois appropriated funds to reimburse
local government for this mandate?
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Yes No
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(1) If
yes, please identify the public act number: _______________________
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F.
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Provide the date on, and name of agency to which, a claim
for reimbursement accompanied by estimate of increased costs for the balance
of the fiscal year was filed
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(1)
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Date:
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(2)
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Name:
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G.
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Is information submitted in that estimate accurate, based
on actual performance records?
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Yes No
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(1) If
no, provide correct information as an exhibit.
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(2) If
yes, provide documentation as an exhibit.
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H.
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Have claims of this type been
subject to a proportional reduction because insufficient funds were
appropriated?
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Yes
No
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If yes,
state:
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(1)
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Amount claimed:
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(2)
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Amount allowed by the Dept.
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(3)
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Amount awarded:
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I.
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Please describe in detail the
extent to which the mandate has been carried out in an effective and
efficient manner. (Provide supporting documentation as an exhibit.)
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J.
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Does the mandate statute specify
standards of staffing or expenditure limitations as described in Section
8(3)(d) of the Act?
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Yes No
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(1) If
yes, please indicate in detail how the mandate has been carried out without
recourse to standards of staffing or expenditure higher than specified in the
statute. Provide supporting documentation as an exhibit, if necessary.
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K.
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Please indicate the relief sought from the Mandates Board
of Appeals:
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Petitioner, By:
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Representative
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Acknowledgement
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I,
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, certify that I have read the
foregoing appeal petition and
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supporting documentation and
exhibits, and believe the same to be true in substance and in fact.
Subscribed and sworn to before me
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this
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day of
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, 19
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Notary Public
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