HB1157 97TH GENERAL ASSEMBLY

LRB097 02841 WGH 42863 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1157

Introduced 02/08/11, by Rep. Mike Bost

SYNOPSIS AS INTRODUCED:

New Act

Creates the Program Abolition for Nonappropriation of Funds Act. Requires the Office of the Comptroller to compile lists of programs created by laws containing language making the programs subject to appropriation. Requires the State officer or agency responsible for administering each such program to submit a report to the Comptroller stating whether any funds have been appropriated for the program during certain time periods. Requires the Comptroller to compile lists of such programs for which no funds have been appropriated during certain time periods. Provides that the lists shall be filed with the Index Department of the Secretary of State and published in the Illinois Register. Provides that each program on a list filed with the Index Department of the Secretary of State is abolished, funds may not be expended for any such program after the date of publication, and the Comptroller shall notify the State officer or agency that is statutorily responsible for administering an abolished program that the program has been abolished. Provides for adoption of rules. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 1. Short title. This Act may be cited as the Program Abolition for Nonappropriation of Funds Act.

Section 5. Definition. In this Act, "Comptroller" means the Office of the Comptroller.

Section 10. Initial list of programs; reports.

(a) Not later than 120 days after the effective date of this Act, the Comptroller shall:

(1) compile a complete list of programs that meet all of the following criteria:

(A) the program was created by law before the effective date of this Act;

(B) the law creating the program contains language making the program subject to appropriation; and

(C) on the effective date of this Act, the law creating the program was in effect for at least 4 fiscal years;

(2) determine the State officer or agency that is statutorily responsible for administering each such program; and

(3) deliver a notice to the State officer or agency responsible for administering each such program requiring the State officer or agency to submit a report to the Comptroller as provided in subsection (b).

(b) Not later than 60 days after receiving a notice from the Comptroller in accordance with subdivision (a)(3), the State officer or agency shall submit a report to the Comptroller stating whether any funds have been appropriated for the program referenced in the notice in any of the 4 immediately preceding fiscal years. The State officer or agency shall include appropriate supporting documentation in its report.

(c) If the Comptroller identifies a law that creates a program and contains language making the program subject to appropriation but the Comptroller is unable to identify a State officer or agency that is statutorily responsible for administering that program or the Comptroller determines that the State officer or agency that is statutorily responsible for administering that program is no longer in existence and there is no successor agency, the Comptroller shall determine, not later than 180 days after the effective date of this Act, whether any funds have been appropriated for the program in any of the 4 immediately preceding fiscal years. If the Comptroller requests assistance from any other State officer or agency in making such a determination, that assistance shall be promptly provided.

(d) If a State officer or agency fails to report to the Comptroller with respect to a program as required in subsection (b) or files a report that is incorrect or incomplete, the Comptroller shall deliver a notice to the Office of the Governor (in the case of an executive branch program), the General Assembly (in the case of a legislative branch program), or the Supreme Court (in the case of a judicial branch program) setting forth the failure to report or the incorrect or incomplete report with respect to the program. Upon receiving such a notice, the Office of the Governor (in the case of an executive branch program), the General Assembly (in the case of a legislative branch program), or the Supreme Court (in the case of a judicial branch program) shall assign personnel to submit, not later than 60 days after receiving a notice from the Comptroller in accordance with this subsection (d), a report to the Comptroller with respect to the program that contains the information required under subsection (b).

Section 15. Annual lists of programs; reports.

(a) Beginning one year after the effective date of this Act, the Comptroller shall, on an annual basis:

(1) compile a complete list of programs that meet all of the following criteria:

(A) either (i) the program was created by law before the effective date of this Act and the law creating the program has been in effect for at least 4 fiscal years or (ii) the program was created by law on or after the effective date of this Act and the law creating the program has been in effect for at least 2 fiscal years;

(B) the law creating the program contains language making the program subject to appropriation; and

(C) the program has not previously been included in a list compiled by the Comptroller under this Section or Section 10;

(2) determine the State officer or agency that is statutorily responsible for administering each such program; and

(3) deliver a notice to the State officer or agency responsible for administering each such program requiring the State officer or agency to submit a report to the Comptroller as provided in subsection (b).

(b) Not later than 60 days after receiving a notice from the Comptroller in accordance with subdivision (a)(3), the State officer or agency shall submit a report to the Comptroller stating whether any funds have been appropriated for the program referenced in the notice in any of the 4 immediately preceding fiscal years (in the case of programs under subdivision (a)(1)(A)(i)) or in either of the 2 immediately preceding fiscal years (in the case of programs under subdivision (a)(1)(A)(ii)). The State officer or agency shall include appropriate supporting documentation in its report.

(c) If the Comptroller identifies a law that creates a program and contains language making the program subject to appropriation but the Comptroller is unable to identify a State officer or agency that is statutorily responsible for administering that program or the Comptroller determines that the State officer or agency that is statutorily responsible for administering that program is no longer in existence and there is no successor agency, the Comptroller shall determine, not later than 180 days after the effective date of this Act, whether any funds have been appropriated for the program in any of the 4 immediately preceding fiscal years (in the case of programs under subdivision (a)(1)(A)(i)) or in either of the 2 immediately preceding fiscal years (in the case of programs under subdivision (a)(1)(A)(ii)). If the Comptroller requests assistance from any other State officer or agency in making such a determination, that assistance shall be promptly provided.

(d) If a State officer or agency fails to report to the Comptroller with respect to a program as required in subsection (b) or files a report that is incorrect or incomplete, the Comptroller shall deliver a notice to the Office of the Governor (in the case of an executive branch program), the General Assembly (in the case of a legislative branch program), or the Supreme Court (in the case of a judicial branch program) setting forth the failure to report or the incorrect or incomplete report with respect to the program. Upon receiving such a notice, the Office of the Governor (in the case of an executive branch program), the General Assembly (in the case of a legislative branch program), or the Supreme Court (in the case of a judicial branch program) shall assign personnel to submit, not later than 60 days after receiving a notice from the Comptroller in accordance with this subsection (d), a report to the Comptroller with respect to the program that contains the information required under subsection (b).

Section 20. Abolition of programs. Upon completion of its duties under Section 10 or upon completion of its duties under Section 15 for a particular year, the Comptroller shall compile a list of programs for which no funds have been appropriated in any of the 4 immediately preceding fiscal years (in the case of programs subject to Section 10 or subject to subdivision (a)(1)(A)(i) of Section 15) or in either of the 2 immediately preceding fiscal years (in the case of programs subject to subdivision (a)(1)(A)(ii) of Section 15). The list shall be filed with the Index Department of the Secretary of State and published in the Illinois Register. Each program on a list compiled by the Comptroller under this Section is abolished on the date the list is filed with the Index Department, and no State funds may be expended for a program on the list after the date the list is filed with the Index Department. The Comptroller shall also notify the State officer or agency that is statutorily responsible for administering an abolished program that the program has been abolished.

Section 25. Rules. the Comptroller may adopt rules for the administration of this Act.

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