State of Illinois
91st General Assembly

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 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 3        each mandate should be  retained  or  rescinded  and  the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.

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