Section 200.10  Source of Authority

 

a)         The Department of Commerce and Community Affairs (Department) is authorized by Section 46.42 of the Civil Administrative Code of Illinois (Part 7) [20 ILCS 605/46.42] to make such rules and regulations as may be necessary to carry out its duties.

 

b)         These rules are promulgated pursuant to the State Mandates Act [30 ILCS 805] in the manner required by the Illinois Administrative Procedure Act [5 ILCS 100].

 

Section 200.20  Applicability

 

These rules shall apply to all claims for Reimbursement and Requests for Determination of Mandate filed with the Department by one or more units of local government, as authorized by the State Mandates Act.

 

Section 200.30  Definitions

 

"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, or legislation enacted to comply with a federal mandate.  State mandates may be reimbursable or nonreimbursable; however, a State mandate is not reimbursable unless the General Assembly has appropriated funds from which a local government may be reimbursed for its costs of complying with the State mandate.

 

Section 200.40  Parties to a Claim for Reimbursement or a Request for Determination of Mandate

 

Subject to the provisions of Section 200.50 (Claims for Reimbursement) and Section 200.60 (Requests for Determination of Mandate) of this Part, one or more units of local government, other than a school district or community college district, may submit to the Department a Claim for Reimbursement or Request for Determination of Mandate.

 

Section 200.50  Claims for Reimbursement

 

a)         Within 60 days after the effective date of a new or expanded State mandate, one or more units of local government may submit to the Department a Claim for Reimbursement to recover certain costs associated with the implementation of a State mandate, provided the General Assembly has appropriated funds from which such reimbursement can be made.

 

b)         During the initial fiscal year during which reimbursement is authorized, the one or more units of local government submitting a single Claim for Reimbursement to the Department shall include in the claim an estimate of the costs attributable to complying with the State mandate for the balance of the fiscal year.

 

c)         For the subsequent fiscal years during which reimbursement is authorized, the one or more units of local government submitting a single Claim for Reimbursement to the Department must do so on or before October 1 of each calendar year.  Such claim shall include an estimate of the costs attributable to complying with the State mandate throughout the entire fiscal year.

 

Section 200.60  Requests for Determination of Mandate

 

In cases in which the General Assembly has not appropriated funds from which units of local government may be reimbursed for costs attributable to a new or expanded State mandate, one or more units of local government may submit to the Department a Request for Determination of Mandate.  In response to a Request for Determination of Mandate, the Department shall determine whether the Public Act or executive action which is the subject of the request constitutes a State mandate, and if so, the statewide cost of implementation (see Section 8 of the Act).