Public Act 100-0124
 
HB2704 EnrolledLRB100 04378 HLH 14384 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Personnel Code is amended by changing
Section 12a as follows:
 
    (20 ILCS 415/12a)  (from Ch. 127, par. 63b112a)
    Sec. 12a. Certification of payrolls.
    (1) No state disbursing or auditing officer shall make or
approve or take any part in making or approving any payment for
personal service to any person holding a position in the State
service subject to this Act with the exception of those exempt
under Section 4c unless the payroll voucher or account of such
pay bears the certification of the agency head Director, or of
his authorized agent, that there has not been a determination
made by the agency Department that any person named in the
payroll voucher or account of such pay was not appointed and
employed in accordance with the provisions of this law and
rules, regulations, and orders thereunder.
    Auditing by the Department Such certification shall be
based either upon verification of the individual items in each
payroll period or upon procedures developed for avoiding
unnecessary repetitive verification when other evidence of
compliance with applicable laws and rules is available. Such
procedures may be based either upon a continuation of payroll
preparation by individual agencies or upon the use of a central
payroll preparation unit. The Director may for proper cause
withhold certification or approval from an entire payroll or
from any specific item or items thereon.
    (2) On and after July 1, 1957, any citizen may maintain a
suit to restrain a disbursing officer from making any payment
in contravention of any provisions of this law, rule, or order
thereunder. Any sum paid contrary to any provision of this law
or of any rule, regulation, or order thereunder may be
recovered in an action maintained by any citizen, from any
officer who made, approved, or authorized such payment or who
signed a voucher, payroll, check or warrant for such payment,
or from the sureties on the official bond of any such officer.
All moneys recovered in any such action shall be paid into the
State treasury.
(Source: P.A. 89-77, eff. 6-30-95.)