Full Text of HB1157 97th General Assembly
HB1157eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Program Abolition for Nonappropriation of Funds Act. | 6 | | Section 5. Definition. In this Act, "Comptroller" means the | 7 | | Office of the Comptroller. | 8 | | Section 10. Initial list of programs; reports. | 9 | | (a) Not later than 120 days after the effective date of | 10 | | this Act, the Comptroller shall: | 11 | | (1) compile a complete list of programs that meet all | 12 | | of the following criteria: | 13 | | (A) the program was created by law before the | 14 | | effective date of this Act; | 15 | | (B) the law creating the program contains language | 16 | | making the program subject to appropriation; and | 17 | | (C) on the effective date of this Act, the law | 18 | | creating the program was in effect for at least 7 | 19 | | fiscal years; | 20 | | (2) determine the State officer or agency that is | 21 | | statutorily responsible for administering each such | 22 | | program; and |
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| 1 | | (3) deliver a notice to the State officer or agency | 2 | | responsible for administering each such program requiring | 3 | | the State officer or agency to submit a report to the | 4 | | Comptroller as provided in subsection (b). | 5 | | (b) Not later than 60 days after receiving a notice from | 6 | | the Comptroller in accordance with subdivision (a)(3), the | 7 | | State officer or agency shall submit a report to the | 8 | | Comptroller stating whether any funds have been appropriated | 9 | | for the program referenced in the notice in any of the 7 | 10 | | immediately preceding fiscal years. The State officer or agency | 11 | | shall include appropriate supporting documentation in its | 12 | | report. | 13 | | (c) If the Comptroller identifies a law that creates a | 14 | | program and contains language making the program subject to | 15 | | appropriation but the Comptroller is unable to identify a State | 16 | | officer or agency that is statutorily responsible for | 17 | | administering that program or the Comptroller determines that | 18 | | the State officer or agency that is statutorily responsible for | 19 | | administering that program is no longer in existence and there | 20 | | is no successor agency, the Comptroller shall determine, not | 21 | | later than 180 days after the effective date of this Act, | 22 | | whether any funds have been appropriated for the program in any | 23 | | of the 7 immediately preceding fiscal years. If the Comptroller | 24 | | requests assistance from any other State officer or agency in | 25 | | making such a determination, that assistance shall be promptly | 26 | | provided. |
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| 1 | | (d) If a State officer or agency fails to report to the | 2 | | Comptroller with respect to a program as required in subsection | 3 | | (b) or files a report that is incorrect or incomplete, the | 4 | | Comptroller shall deliver a notice to the Office of the | 5 | | Governor (in the case of an executive branch program), the | 6 | | General Assembly (in the case of a legislative branch program), | 7 | | or the Supreme Court (in the case of a judicial branch program) | 8 | | setting forth the failure to report or the incorrect or | 9 | | incomplete report with respect to the program. Upon receiving | 10 | | such a notice, the Office of the Governor (in the case of an | 11 | | executive branch program), the General Assembly (in the case of | 12 | | a legislative branch program), or the Supreme Court (in the | 13 | | case of a judicial branch program) shall assign personnel to | 14 | | submit, not later than 60 days after receiving a notice from | 15 | | the Comptroller in accordance with this subsection (d), a | 16 | | report to the Comptroller with respect to the program that | 17 | | contains the information required under subsection (b). | 18 | | Section 15. Annual lists of programs; reports. | 19 | | (a) Beginning one year after the effective date of this | 20 | | Act, the Comptroller shall, on an annual basis: | 21 | | (1) compile a complete list of programs that meet all | 22 | | of the following criteria: | 23 | | (A) either (i) the program was created by law | 24 | | before the effective date of this Act and the law | 25 | | creating the program has been in effect for at least 7 |
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| 1 | | fiscal years or (ii) the program was created by law on | 2 | | or after the effective date of this Act and the law | 3 | | creating the program has been in effect for at least 4 | 4 | | fiscal years; | 5 | | (B) the law creating the program contains language | 6 | | making the program subject to appropriation; and | 7 | | (C) the program has not previously been included in | 8 | | a list compiled by the Comptroller under this Section | 9 | | or Section 10; | 10 | | (2) determine the State officer or agency that is | 11 | | statutorily responsible for administering each such | 12 | | program; and | 13 | | (3) deliver a notice to the State officer or agency | 14 | | responsible for administering each such program requiring | 15 | | the State officer or agency to submit a report to the | 16 | | Comptroller as provided in subsection (b). | 17 | | (b) Not later than 60 days after receiving a notice from | 18 | | the Comptroller in accordance with subdivision (a)(3), the | 19 | | State officer or agency shall submit a report to the | 20 | | Comptroller stating whether any funds have been appropriated | 21 | | for the program referenced in the notice in any of the 7 | 22 | | immediately preceding fiscal years (in the case of programs | 23 | | under subdivision (a)(1)(A)(i)) or in either of the 4 | 24 | | immediately preceding fiscal years (in the case of programs | 25 | | under subdivision (a)(1)(A)(ii)). The State officer or agency | 26 | | shall include appropriate supporting documentation in its |
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| 1 | | report. | 2 | | (c) If the Comptroller identifies a law that creates a | 3 | | program and contains language making the program subject to | 4 | | appropriation but the Comptroller is unable to identify a State | 5 | | officer or agency that is statutorily responsible for | 6 | | administering that program or the Comptroller determines that | 7 | | the State officer or agency that is statutorily responsible for | 8 | | administering that program is no longer in existence and there | 9 | | is no successor agency, the Comptroller shall determine, not | 10 | | later than 180 days after the effective date of this Act, | 11 | | whether any funds have been appropriated for the program in any | 12 | | of the 7 immediately preceding fiscal years (in the case of | 13 | | programs under subdivision (a)(1)(A)(i)) or in either of the 4 | 14 | | immediately preceding fiscal years (in the case of programs | 15 | | under subdivision (a)(1)(A)(ii)). If the Comptroller requests | 16 | | assistance from any other State officer or agency in making | 17 | | such a determination, that assistance shall be promptly | 18 | | provided. | 19 | | (d) If a State officer or agency fails to report to the | 20 | | Comptroller with respect to a program as required in subsection | 21 | | (b) or files a report that is incorrect or incomplete, the | 22 | | Comptroller shall deliver a notice to the Office of the | 23 | | Governor (in the case of an executive branch program), the | 24 | | General Assembly (in the case of a legislative branch program), | 25 | | or the Supreme Court (in the case of a judicial branch program) | 26 | | setting forth the failure to report or the incorrect or |
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| 1 | | incomplete report with respect to the program. Upon receiving | 2 | | such a notice, the Office of the Governor (in the case of an | 3 | | executive branch program), the General Assembly (in the case of | 4 | | a legislative branch program), or the Supreme Court (in the | 5 | | case of a judicial branch program) shall assign personnel to | 6 | | submit, not later than 60 days after receiving a notice from | 7 | | the Comptroller in accordance with this subsection (d), a | 8 | | report to the Comptroller with respect to the program that | 9 | | contains the information required under subsection (b). | 10 | | Section 20. Abolition of programs. Upon completion of its | 11 | | duties under Section 10 or upon completion of its duties under | 12 | | Section 15 for a particular year, the Comptroller shall compile | 13 | | a list of programs for which no funds have been appropriated in | 14 | | any of the 7 immediately preceding fiscal years (in the case of | 15 | | programs subject to Section 10 or subject to subdivision | 16 | | (a)(1)(A)(i) of Section 15) or in either of the 4 immediately | 17 | | preceding fiscal years (in the case of programs subject to | 18 | | subdivision (a)(1)(A)(ii) of Section 15). The list shall be | 19 | | filed with the Index Department of the Secretary of State, | 20 | | Secretary of the Senate, and Clerk of the House of | 21 | | Representatives and published in the Illinois Register. Each | 22 | | program on a list compiled by the Comptroller under this | 23 | | Section is abolished on the date the list is filed with the | 24 | | Index Department, Secretary of the Senate, and Clerk of the | 25 | | House of Representatives, and no State funds may be expended |
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| 1 | | for a program on the list after the date the list is filed with | 2 | | the Index Department, Secretary of the Senate, and Clerk of the | 3 | | House of Representatives. The Comptroller shall also notify the | 4 | | State officer or agency that is statutorily responsible for | 5 | | administering an abolished program that the program has been | 6 | | abolished. | 7 | | Section 25. Rules. the Comptroller may adopt rules for the | 8 | | administration of this Act.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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