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90_SB0887
25 ILCS 130/4-5 from Ch. 63, par. 1004-5
30 ILCS 805/4 from Ch. 85, par. 2204
Amends the Legislative Commission Reorganization Act of
1984. Provides that the Advisory Committee on Block Grants
shall conduct hearings concerning the actual use of block
grants. Deletes provisions concerning the Committee's
recommendations for program funding levels. Amends the State
Mandates Act to provide that the Illinois Commission on
Intergovernmental Cooperation shall conduct an annual (now
semi-annual) hearing to review information concerning State
mandates. Makes other changes. Effective immediately.
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1 AN ACT concerning intergovernmental services.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Legislative Commission Reorganization Act
5 of 1984 is amended by changing Section 4-5 as follows:
6 (25 ILCS 130/4-5) (from Ch. 63, par. 1004-5)
7 Sec. 4-5. Powers and duties. The Advisory Committee on
8 Block Grants shall have the following powers and duties.
9 (1) To request for review and comment all federally
10 required block grant reports and annual plans to ensure
11 quality and consistency in State reporting and planning. Each
12 annual block grant plan submitted for review and comment
13 shall contain the names and affiliations of members of each
14 State agency block grant advisory Committee and a statement
15 of the written charge for that Committee. The annual block
16 grant plan shall contain the significant issues that were
17 debated at State agency block grant advisory Committee
18 meetings and the positions taken on the issues. Each plan
19 shall also include information on the time and place that
20 State agency hearings were held to review the plan. Each
21 State agency administering federal block grants shall make
22 available to the Advisory Committee proposed annual block
23 grant plans by March 15 of each year. Each proposed annual
24 plan shall contain the date, time, and place of public
25 hearings planned by the State agency and shall include the
26 method of notifying the public of such hearings.
27 (2) To conduct public hearings on the intended use and
28 actual use of the block grant funds by the various State
29 agencies to ensure that the use is consistent with
30 established State policy.
31 (3) To review determine, through public hearings,
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1 statewide priorities for the use of individual block grant
2 funds as well as block grant funds in total.
3 (4) To make recommendations recommend to the General
4 Assembly and the Governor, after appropriate hearings and on
5 or before May 1 each year, concerning the administration of
6 block grants State funding levels for programs within each of
7 the federal block grants. In the event that funding levels
8 for the overall block grant programs have not been made
9 available by the federal government for the forthcoming
10 fiscal year, the Advisory Committee on Block Grants shall
11 provide percentage allocations for the various programs the
12 committee has included within the program priorities for the
13 individual block grants in lieu of recommended dollar
14 allocations. The recommendations shall ensure that the
15 maximum amount of funds estimated to be available to the
16 State is set aside for program purposes and a minimum amount
17 is set aside for administrative purposes.
18 (5) Following the initial submission of its
19 recommendations to the General Assembly and Governor on May
20 1, To report to the House and Senate Appropriations
21 Committees on a quarterly basis, and more frequently as they
22 may request, changes in federal block grant program
23 authorizations and funding levels that which may require the
24 General Assembly to adjust current year State appropriations.
25 (6) (Blank). To monitor through public hearings the use
26 of block grant funds to ensure compliance with the purposes
27 included in State plans and recommended by the Governor in
28 the State budget and approved by the General Assembly.
29 (7) To monitor future federal block grant initiatives in
30 order to assess their impact on the delivery of State and
31 local services and to recommend appropriate State action to
32 the Governor and the General Assembly.
33 (8) To review and comment on all proposals for transfer
34 of funds between or among the block grants as may be allowed
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1 by federal law. State agencies administering federal block
2 grants shall give the Advisory Committee on Block Grants
3 reasonable notice of any proposed transfer of funds between
4 or among block grants and the reasons for the proposed
5 transfers.
6 (Source: P.A. 83-1528.)
7 Section 10. The State Mandates Act is amended by
8 changing Section 4 as follows:
9 (30 ILCS 805/4) (from Ch. 85, par. 2204)
10 Sec. 4. Collection and maintenance of information
11 concerning State mandates.
12 (a) The Department of Commerce and Community Affairs,
13 hereafter referred to as the Department, shall be responsible
14 for:
15 (1) Collecting and maintaining information on State
16 mandates, including information required for effective
17 implementation of the provisions of this Act.
18 (2) Reviewing local government applications for
19 reimbursement submitted under this Act in cases in which
20 the General Assembly has appropriated funds to reimburse
21 local governments for costs associated with the
22 implementation of a State mandate. In cases in which
23 there is no appropriation for reimbursement, upon a
24 request for determination of a mandate by a unit of local
25 government, or more than one unit of local government
26 filing a single request, other than a school district or
27 a community college district, the Department shall
28 determine whether a Public Act constitutes a mandate and,
29 if so, the Statewide cost of implementation.
30 (3) Hearing complaints or suggestions from local
31 governments and other affected organizations as to
32 existing or proposed State mandates.
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1 (4) Reporting each year to the Governor and the
2 General Assembly regarding the administration of
3 provisions of this Act and changes proposed to this Act.
4 The Illinois Commission on Intergovernmental Cooperation
5 shall conduct an annual semi-annual public hearing hearings
6 to review the information collected and the recommendations
7 made by the Department under this subsection (a). The
8 Department shall cooperate fully with the Commission,
9 providing any information, supporting documentation, and
10 other assistance required by the Commission to facilitate the
11 conduct of the hearing hearings.
12 (b) Within 2 years following the effective date of this
13 Act, the Department shall collect and tabulate relevant
14 information as to the nature and scope of each existing State
15 mandate, including but not necessarily limited to (i)
16 identity of type of local government and local government
17 agency or official to whom the mandate is directed; (ii)
18 whether or not an identifiable local direct cost is
19 necessitated by the mandate and the estimated annual amount;
20 (iii) extent of State financial participation, if any, in
21 meeting identifiable costs; (iv) State agency, if any,
22 charged with supervising the implementation of the mandate;
23 and (v) a brief description of the mandate and a citation of
24 its origin in statute or regulation.
25 (c) The resulting information from subsection (b) shall
26 be published in a catalog available to members of the General
27 Assembly, State and local officials, and interested citizens.
28 As new mandates are enacted they shall be added to the
29 catalog, and each January 31 the Department shall list each
30 new mandate enacted at the preceding session of the General
31 Assembly, and the estimated additional identifiable direct
32 costs, if any imposed upon local governments. A revised
33 version of the catalog shall be published every 2 years
34 beginning with the publication date of the first catalog.
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1 (d) Failure of the General Assembly to appropriate
2 adequate funds for reimbursement as required by this Act
3 shall not relieve the Department of Commerce and Community
4 Affairs from its obligations under this Section.
5 (Source: P.A. 89-304, eff. 8-11-95.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.