Sec. 4. Collection and maintenance of information concerning state mandates.

513 words·~2 min read·/il/chapter-30/act-805/4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Department of Commerce and Economic Opportunity, hereafter referred to as the Department, shall, subject to appropriation, be responsible for:

(1)Collecting and maintaining information on State mandates, including information

required for effective implementation of the provisions of this Act.

(2)Reviewing local government applications for reimbursement submitted under this Act

in cases in which the General Assembly has appropriated funds to reimburse local governments for costs associated with the implementation of a State mandate. In cases in which there is no appropriation for reimbursement, upon a request for determination of a mandate by a unit of local government, or more than one unit of local government filing a single request, other than a school district or a community college district, the Department shall determine whether a Public Act constitutes a mandate and, if so, the Statewide cost of implementation.

(3)Hearing complaints or suggestions from local governments and other affected

organizations as to existing or proposed State mandates.

(4)Reporting each year to the Governor and the General Assembly regarding the

administration of provisions of this Act and changes proposed to this Act.

The Commission on Government Forecasting and Accountability shall conduct public hearings as needed to review the information collected and the recommendations made by the Department under this subsection (a). The Department shall cooperate fully with the Commission on Government Forecasting and Accountability, providing any information, supporting documentation and other assistance required by the Commission on Government Forecasting and Accountability to facilitate the conduct of the hearing.

(b)Within 2 years following the effective date of this Act, the Department shall, subject to appropriation, collect and tabulate relevant information as to the nature and scope of each existing State mandate, including but not necessarily limited to

(i)identity of type of local government and local government agency or official to whom the mandate is directed;

(ii)whether or not an identifiable local direct cost is necessitated by the mandate and the estimated annual amount;

(iii)extent of State financial participation, if any, in meeting identifiable costs;

(iv)State agency, if any, charged with supervising the implementation of the mandate; and

(v)a brief description of the mandate and a citation of its origin in statute or regulation.

(c)The resulting information from subsection

(b)shall be published in a catalog available to members of the General Assembly, State and local officials, and interested citizens. As new mandates are enacted they shall be added to the catalog, and each January 31 the Department shall, subject to appropriation, list each new mandate enacted at the preceding session of the General Assembly, and the estimated additional identifiable direct costs, if any imposed upon local governments. A revised version of the catalog shall, subject to appropriation, be published every 2 years beginning with the publication date of the first catalog.

(d)Failure of the General Assembly to appropriate adequate funds for reimbursement as required by this Act shall not relieve the Department of Commerce and Economic Opportunity from its obligations under this Section.