HB5121 100TH GENERAL ASSEMBLY

LRB100 20351 RJF 35639 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5121

Introduced , by Rep. Christian L. Mitchell

SYNOPSIS AS INTRODUCED:

5 ILCS 220/4.5
30 ILCS 105/9.03	from Ch. 127, par. 145d

Amends the Intergovernmental Cooperation Act. Provides that no intergovernmental or interagency agreement or contract may be entered into, implemented, or given effect if the agreement's or contract's intent or effect is, among other requirements, to circumvent any limitation established by law pertaining to payroll certification under the State Finance Act or to authorize the payment of employees of the Office of the Governor out of appropriations other than those established for that purpose. Amends the State Finance Act. Provides that, for the Office of the Governor, the certification on every State payroll voucher shall be required for expenditures from amounts appropriated to the Office of the Governor for payment of salaries of Governor's Office employees and executed by the Governor, or his or her designee, in addition to any other certifications or approvals which may be required by law to be made. Provides that in no event shall salaries of employees of the Office of the Governor be paid from appropriations other than those established for that purpose. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Intergovernmental Cooperation Act is amended by changing Section 4.5 as follows:

(5 ILCS 220/4.5)

Sec. 4.5. Prohibited agreements and contracts. No intergovernmental or interagency agreement or contract may be entered into, implemented, or given effect if the agreement's or contract's intent or effect is: (i) to circumvent any limitation established by law on State appropriation or State expenditure authority with respect to health care and employee benefits contracts; or (ii) to expend State moneys in a manner inconsistent with the purpose for which they were appropriated with respect to health care and employee benefits contracts; (iii) to circumvent any limitation established by law pertaining to payroll certification under Section 9.03 of the State Finance Act; or (iv) to authorize the payment of employees of the Office of the Governor out of appropriations other than those established for that purpose.

(Source: P.A. 93-839, eff. 7-30-04.)

Section 10. The State Finance Act is amended by changing Section 9.03 as follows:

(30 ILCS 105/9.03) (from Ch. 127, par. 145d)

Sec. 9.03. The certification on every State payroll voucher shall be as follows:

"I certify that the employees named, their respective indicated positions and service times, and appropriation to be charged, as shown on the accompanying payroll sheets are true, complete, correct and according to the provisions of law; that such employees are involved in decision making or have direct line responsibility to a person who has decision making authority concerning the objectives, functions, goals and policies of the organizational unit for which the appropriation was made; that the results of the work performed by these employees and that substantially all of their working time is directly related to the objectives, functions, goals, and policies of the organizational unit for which the appropriation is made; that all working time was expended in the service of the State; and that the employees named are entitled to payment in the amounts indicated. If applicable, the reporting requirements of Section 5.1 of the Governor's Office of Management and Budget Act have been met.

______________________________ ____________________________ (Date) (Signature)"

For departments under the Civil Administrative Code, the foregoing certification shall be executed by the Chief Executive Officer of the department from whose appropriation the payment will be made or his designee, in addition to any other certifications or approvals which may be required by law.

The foregoing certification shall not be required for expenditures from amounts appropriated to the Comptroller for payment of the salaries of State officers.

For the Office of the Governor, the foregoing certification shall be required for expenditures from amounts appropriated to the Office of the Governor for payment of salaries of Governor's Office employees and executed by the Governor, or his or her designee, in addition to any other certifications or approvals which may be required by law to be made. In no event shall salaries of employees of the Office of the Governor be paid from appropriations other than those established for that purpose.

(Source: P.A. 94-793, eff. 5-19-06.)

Section 99. Effective date. This Act takes effect upon becoming law.