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91_HB0859
LRB9105379PTpk
1 AN ACT to amend the State Mandates Act by changing
2 Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Mandates Act is amended by changing
6 Section 4 as follows:
7 (30 ILCS 805/4) (from Ch. 85, par. 2204)
8 Sec. 4. Collection and maintenance of information
9 concerning state mandates.
10 (a) The Department of Commerce and Community Affairs,
11 hereafter referred to as the Department, shall be responsible
12 for:
13 (1) Collecting and maintaining information on State
14 mandates, including information required for effective
15 implementation of the provisions of this Act.
16 (2) Reviewing local government applications for
17 reimbursement submitted under this Act in cases in which
18 the General Assembly has appropriated funds to reimburse
19 local governments for costs associated with the
20 implementation of a State mandate. In cases in which
21 there is no appropriation for reimbursement, upon a
22 request for determination of a mandate by a unit of local
23 government, or more than one unit of local government
24 filing a single request, other than a school district or
25 a community college district, the Department shall
26 determine whether a Public Act constitutes a mandate and,
27 if so, the Statewide cost of implementation.
28 (3) Hearing complaints or suggestions from local
29 governments and other affected organizations as to
30 existing or proposed State mandates.
31 (4) Reporting each year to the Governor and the
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1 General Assembly regarding the administration of the
2 provisions of this Act, making a recommendation whether
3 each mandate should be retained or rescinded and the
4 reason for each recommendation, and suggesting changes
5 proposed changes to this Act.
6 The Illinois Commission on Intergovernmental Cooperation
7 shall conduct an annual public hearing to review the
8 information collected and the recommendations made by the
9 Department under this subsection (a). The Department shall
10 cooperate fully with the Commission, providing any
11 information, supporting documentation and other assistance
12 required by the Commission to facilitate the conduct of the
13 hearing.
14 (b) Within 2 years following the effective date of this
15 Act, the Department shall collect and tabulate relevant
16 information as to the nature and scope of each existing State
17 mandate, including but not necessarily limited to (i)
18 identity of type of local government and local government
19 agency or official to whom the mandate is directed; (ii)
20 whether or not an identifiable local direct cost is
21 necessitated by the mandate and the estimated annual amount;
22 (iii) extent of State financial participation, if any, in
23 meeting identifiable costs; (iv) State agency, if any,
24 charged with supervising the implementation of the mandate;
25 and (v) a brief description of the mandate and a citation of
26 its origin in statute or regulation.
27 (c) The resulting information from subsection (b) shall
28 be published in a catalog available to members of the General
29 Assembly, State and local officials, and interested citizens.
30 As new mandates are enacted they shall be added to the
31 catalog, and each January 31 the Department shall list each
32 new mandate enacted at the preceding session of the General
33 Assembly, and the estimated additional identifiable direct
34 costs, if any imposed upon local governments. A revised
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1 version of the catalog shall be published every 2 years
2 beginning with the publication date of the first catalog.
3 (d) Failure of the General Assembly to appropriate
4 adequate funds for reimbursement as required by this Act
5 shall not relieve the Department of Commerce and Community
6 Affairs from its obligations under this Section.
7 (Source: P.A. 89-304, eff. 8-11-95; 90-372, eff. 7-1-98.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.