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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 12-2 as follows:
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6 | (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
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7 | Sec. 12-2. (a) The chairmen of the travel control boards | ||||||
8 | established
by Section 12-1, or their designees, shall together | ||||||
9 | comprise the Travel
Regulation Council. The Travel Regulation | ||||||
10 | Council shall be chaired by the
Director of Central Management | ||||||
11 | Services, who shall be a nonvoting member of
the Council, | ||||||
12 | unless he is otherwise qualified to vote by virtue of being
the | ||||||
13 | designee of a voting member. No later than March 1, 1986, and | ||||||
14 | at least
biennially thereafter, the Council shall adopt State | ||||||
15 | Travel Regulations and
Reimbursement Rates which shall be | ||||||
16 | applicable to all personnel subject to
the jurisdiction of the | ||||||
17 | travel control boards established by Section 12-1.
An | ||||||
18 | affirmative vote of a majority of the members of the Council | ||||||
19 | shall be
required to adopt regulations and reimbursement rates. | ||||||
20 | If the Council
fails to adopt regulations by March 1 of any | ||||||
21 | odd-numbered year, the
Director of Central Management Services | ||||||
22 | shall adopt emergency regulations
and reimbursement rates | ||||||
23 | pursuant to the Illinois Administrative Procedure Act.
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1 | (b) Mileage for automobile travel shall be reimbursed at | ||||||
2 | the allowance
rate in effect under regulations promulgated | ||||||
3 | pursuant to 5 U.S.C. 5707(b)(2).
However, in the event the rate | ||||||
4 | set under federal regulations increases during
the course of | ||||||
5 | the State's fiscal year, the effective date of the new rate | ||||||
6 | shall
be the July 1 immediately following the change in the | ||||||
7 | federal rate.
In the event the rate set under federal | ||||||
8 | regulations increases or decreases during the
course of the | ||||||
9 | State's fiscal year, the effective date of the new rate shall | ||||||
10 | be
the effective date of the change in the federal rate. | ||||||
11 | Notwithstanding any other rulemaking authority that may exist, | ||||||
12 | neither the Governor nor any agency or agency head under the | ||||||
13 | jurisdiction of the Governor has any authority to make or | ||||||
14 | promulgate rules to implement or enforce the provisions of this | ||||||
15 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
16 | Governor believes that rules are necessary to implement or | ||||||
17 | enforce the provisions of this amendatory Act of the 95th | ||||||
18 | General Assembly, the Governor may suggest rules to the General | ||||||
19 | Assembly by filing them with the Clerk of the House and the | ||||||
20 | Secretary of the Senate and by requesting that the General | ||||||
21 | Assembly authorize such rulemaking by law, enact those | ||||||
22 | suggested rules into law, or take any other appropriate action | ||||||
23 | in the General Assembly's discretion. Nothing contained in this | ||||||
24 | amendatory Act of the 95th General Assembly shall be | ||||||
25 | interpreted to grant rulemaking authority under any other | ||||||
26 | Illinois statute where such authority is not otherwise |
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1 | explicitly given. For the purposes of this subsection, "rules" | ||||||
2 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
3 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
4 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
5 | the Illinois Administrative Procedure Act to the extent that | ||||||
6 | such definitions apply to agencies or agency heads under the | ||||||
7 | jurisdiction of the Governor.
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8 | (c) Rates for reimbursement of expenses other than mileage | ||||||
9 | shall not
exceed the actual cost of travel as determined by the | ||||||
10 | United States
Internal Revenue Service.
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11 | (d) Reimbursements to travelers shall be made pursuant to | ||||||
12 | the rates and
regulations applicable to the respective State | ||||||
13 | agency as of the effective
date of this amendatory Act, until | ||||||
14 | the State Travel Regulations and
Reimbursement Rates | ||||||
15 | established by this Section are adopted and effective.
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16 | (e) Lodging in Cook County, Illinois and the District of | ||||||
17 | Columbia shall be
reimbursed at the maximum lodging rate in | ||||||
18 | effect under regulations promulgated
pursuant to 5 U.S.C. | ||||||
19 | 5701-5709. For purposes of this subsection (e), the
District of
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20 | Columbia shall include the cities and counties included in the | ||||||
21 | per diem
locality of the
District of Columbia, as defined by | ||||||
22 | the regulations in effect promulgated
pursuant to 5
U.S.C. | ||||||
23 | 5701-5709. Individual travel control boards may set a lodging
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24 | reimbursement rate
more restrictive than the rate set forth in | ||||||
25 | the federal regulations.
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26 | (Source: P.A. 92-315, eff. 8-9-01; 93-154, eff. 7-10-03.)
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