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HB5534 Engrossed |
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LRB095 19085 BDD 45284 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing |
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| Section 12-2 as follows:
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| (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
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| Sec. 12-2. (a) The chairmen of the travel control boards |
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| established
by Section 12-1, or their designees, shall together |
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| comprise the Travel
Regulation Council. The Travel Regulation |
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| Council shall be chaired by the
Director of Central Management |
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| Services, who shall be a nonvoting member of
the Council, |
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| unless he is otherwise qualified to vote by virtue of being
the |
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| designee of a voting member. No later than March 1, 1986, and |
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| at least
biennially thereafter, the Council shall adopt State |
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| Travel Regulations and
Reimbursement Rates which shall be |
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| applicable to all personnel subject to
the jurisdiction of the |
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| travel control boards established by Section 12-1.
An |
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| affirmative vote of a majority of the members of the Council |
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| shall be
required to adopt regulations and reimbursement rates. |
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| If the Council
fails to adopt regulations by March 1 of any |
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| odd-numbered year, the
Director of Central Management Services |
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| shall adopt emergency regulations
and reimbursement rates |
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| pursuant to the Illinois Administrative Procedure Act.
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HB5534 Engrossed |
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LRB095 19085 BDD 45284 b |
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| (b) Mileage for automobile travel shall be reimbursed at |
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| the allowance
rate in effect under regulations promulgated |
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| pursuant to 5 U.S.C. 5707(b)(2).
However, in the event the rate |
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| set under federal regulations increases during
the course of |
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| the State's fiscal year, the effective date of the new rate |
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| shall
be the July 1 immediately following the change in the |
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| federal rate.
In the event the rate set under federal |
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| regulations increases or decreases during the
course of the |
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| State's fiscal year, the effective date of the new rate shall |
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| be
the effective date of the change in the federal rate. |
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| Notwithstanding any other rulemaking authority that may exist, |
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| neither the Governor nor any agency or agency head under the |
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| jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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HB5534 Engrossed |
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LRB095 19085 BDD 45284 b |
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| explicitly given. For the purposes of this subsection, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.
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| (c) Rates for reimbursement of expenses other than mileage |
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| shall not
exceed the actual cost of travel as determined by the |
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| United States
Internal Revenue Service.
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| (d) Reimbursements to travelers shall be made pursuant to |
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| the rates and
regulations applicable to the respective State |
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| agency as of the effective
date of this amendatory Act, until |
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| the State Travel Regulations and
Reimbursement Rates |
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| established by this Section are adopted and effective.
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| (e) Lodging in Cook County, Illinois and the District of |
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| Columbia shall be
reimbursed at the maximum lodging rate in |
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| effect under regulations promulgated
pursuant to 5 U.S.C. |
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| 5701-5709. For purposes of this subsection (e), the
District of
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| Columbia shall include the cities and counties included in the |
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| per diem
locality of the
District of Columbia, as defined by |
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| the regulations in effect promulgated
pursuant to 5
U.S.C. |
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| 5701-5709. Individual travel control boards may set a lodging
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| reimbursement rate
more restrictive than the rate set forth in |
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| the federal regulations.
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| (Source: P.A. 92-315, eff. 8-9-01; 93-154, eff. 7-10-03.)
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