Section 220.275  State Mandates Act Requirements

a)         Rulemaking that creates or expands a State mandate on units of local government, school districts or community college districts is subject to the State Mandates Act (Ill. Rev. Stat. 1991, ch. 85, par. 2201 et seq.) [30 ILCS 805] and a Statement of Statewide Policy Objectives shall be prepared by the agency and published at the same time the first notice is published. (Ill. Rev. Stat. 1991, ch. 127, par. 1005-10(d)) [5 ILCS 100/5-10(d)]

b)         If the Joint Committee believes a proposed rule may create or expand a State mandate on units of local government, school districts or community college districts, the Joint Committee, within the first 30 days after the publication of the first notice, may request that the agency proposing the rule complete the form shown in Exhibit A of this Part.  This form shall be submitted to the Joint Committee as part of the agency's second notice.

c)         Additionally, the Joint Committee may request that the Department of Commerce and Community Affairs complete and submit to the Joint Committee and the agency an analysis of the following, pursuant to Section 4(b) of the State Mandates Act:

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

2)         whether an identifiable local direct cost is necessitated by the mandate and the estimated annual amount;

3)         the extent of State financial participation in meeting such identifiable costs; and

4)         whether the rule or rulemaking creates a new mandate or expands an existing mandate.

(Source:  Amended at 18 Ill. Reg. 4758, effective March 14, 1994)