(30 ILCS 105/9)
(from Ch. 127, par. 145)
(a) No disbursements from appropriations shall be made for
rental or purchase of office or other space, buildings or land, except in
pursuance of a written lease or purchase contract entered into by the
proper State authority and the owner or authorized agent of the property.
Such lease shall not exceed 5 years unless a greater term is authorized by
law, but such lease may contain a renewal clause subject to acceptance by
the State after that date or an option to purchase. Such purchase contract
may provide for the title to the property to transfer immediately to the
State or a trustee or nominee for the benefit of the State and for the
consideration to be paid in installments to be made at stated intervals
during a certain term not to exceed 30 years from the date of the contract
and may provide for the payment of interest on the unpaid balance at a
rate that does not exceed a rate determined by adding 3 percentage points
to the annual yield on United States Treasury obligations of comparable
maturity as most recently published in the Wall Street Journal at the time
such contract is signed. Such lease or purchase contract shall be and
shall recite that it is subject to termination and cancellation in any year
for which the General Assembly fails to make an appropriation to pay the
rent or purchase installments payable under the terms of such lease or
purchase contract. Additionally such purchase contract shall specify that
title to the office and storage space, buildings, land and other facilities
being acquired under such a contract shall revert to the Seller in the
event of the failure of the General Assembly to appropriate suitable funds.
This limitation does not apply to leases for office or other space,
buildings, or land, where such leases or purchase contracts contain a
provision limiting the liability for the payment of the rental or
installments thereunder solely to funds received from the Federal
Government. A copy of each such lease or purchase contract shall be filed
in the office of the Secretary of State within 15 days after execution.
(b) The State shall not enter into any third-party vendor or other arrangement relating to the issuance of certificates of participation or other forms of financing relating to the rental or purchase of office or other space, buildings, or land unless otherwise authorized by law.
(c) Amounts paid from
appropriations for personal service of any officer or employee of the
State, either temporary or regular, shall be considered as full payment
for all services rendered between the dates specified in the payroll or
other voucher and no additional sum shall be paid to such officer or
employee from any lump sum appropriation, appropriation for extra help
or other purpose or any accumulated balances in specific appropriations,
which payments would constitute in fact an additional payment for work
already performed and for which remuneration had already been made,
except that wage payments made pursuant to the application of the
prevailing rate principle or based upon the effective date of a
collective bargaining agreement between the State, or a State agency and
an employee group, or payment of funds as an adjustment to wages paid
employees or officers of the State for the purpose of correcting a
clerical or administrative error or oversight or pursuant to a backpay
order issued by an appropriate State or federal administrative or
judicial body or officer shall not be construed as an additional payment
for work already performed.
(d) Disbursements from appropriations which are subject to the approval
or certification of the Department of Central Management Services are
subject to the following restrictions.
Payments for personal service except for positions specified in all
appropriation Acts shall be made in conformity with schedules and
amendments thereto submitted by the respective officers and approved by
the Department of Central Management Services before becoming effective.
Such schedules and amendments thereto may set up groups of employment
showing the approximate number to be employed, with fixed or minimum and
maximum salary rates.
This Section is subject to the provisions of Section 9.02.
(Source: P.A. 93-839, eff. 7-30-04.)