97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2945

 

Introduced 2/23/2011, by Rep. Jim Watson

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/11.2 new

    Amends the State Finance Act. Provides that a State agency shall not create or implement a new program, nor make any expenditure or obligation of public funds with respect to a new program, without having a one-time certificate to proceed with that new program issued by the Comptroller. Provides that the Comptroller shall issue a certificate to proceed unless, at the time of the proposed creation, implementation, or expenditure, the State has a significant backlog of overdue bills. Provides for a waiver in the case of emergency. Does not bar recovery by a person, acting in good faith, to whom a State agency has incurred an obligation or liability in violation of the certificate requirement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2945LRB097 05501 PJG 45561 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by adding
5Section 11.2 as follows:
 
6    (30 ILCS 105/11.2 new)
7    Sec. 11.2. Limitation on spending for new programs.
8    (a) A State agency shall not create or implement a new
9program, nor make any expenditure or obligation of public funds
10with respect to a new program, without having a one-time
11certificate to proceed with that new program that has been
12issued by the Comptroller.
13    (b) The Comptroller shall continuously monitor the amounts
14and due dates of the State's overdue bills.
15    (c) The Comptroller shall, upon request, issue to a State
16agency a certificate to proceed with the creation or
17implementation of a new program unless, at the time of the
18proposed creation or implementation, the State has a
19significant backlog of overdue bills.
20    (d) For the purposes of this Section, "new program" means a
21program or project originally created or significantly
22expanded under a Public Act that becomes law on or after July
231, 2011 or an executive order issued on or after that date.

 

 

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1    (e) For the purposes of this Section, "significant backlog
2of overdue bills" means a balance of more than $10,000,000 of
3unpaid bills that are more than 30 days overdue.
4    (f) The Comptroller shall not approve or draw a warrant on
5any voucher presented to the Comptroller relating to a new
6program that requires, but has not been issued, a certificate
7to proceed under this Section.
8    (g) In the event of an emergency affecting public health,
9safety, or welfare, as determined jointly by the Governor and
10the Comptroller, and for so long as the emergency continues,
11the Governor and Comptroller may jointly issue a waiver
12permitting a State agency to create, implement, or make an
13expenditure with respect to a new program created in response
14to the emergency, without the issuance of a certificate to
15proceed by the Comptroller as required under subsection (a).
16    (h) This Section does not bar recovery by a person, acting
17in good faith, to whom a State agency has incurred an
18obligation or liability in violation of this Section.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.