Full Text of HB5125 97th General Assembly
HB5125 97TH GENERAL ASSEMBLY
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
Introduced 2/8/2012, by Rep. Jim Watson
SYNOPSIS AS INTRODUCED:
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.
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The State Finance Act is amended by adding
Section 11.2 as follows:
(30 ILCS 105/11.2 new)
Limitation on spending for new programs.
(a) 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 that has been
issued by the Comptroller.
(b) The Comptroller shall continuously monitor the amounts
and due dates of the State's overdue bills.
(c) The Comptroller shall, upon request, issue to a State
agency a certificate to proceed with the creation or
implementation of a new program unless, at the time of the
proposed creation or implementation, the State has a
significant backlog of overdue bills.
(d) For the purposes of this Section, "new program" means a
program or project originally created or significantly
expanded under a Public Act that becomes law on or after July
1, 2012 or an executive order issued on or after that date.
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(e) For the purposes of this Section, "significant backlog
of overdue bills" means a balance of more than $250,000,000 of
unpaid bills that are more than 30 days overdue.
(f) The Comptroller shall not approve or draw a warrant on
any voucher presented to the Comptroller relating to a new
program that requires, but has not been issued, a certificate
to proceed under this Section.
(g) In the event of an emergency affecting public health,
safety, or welfare, as determined jointly by the Governor and
the Comptroller, and for so long as the emergency continues,
the Governor and Comptroller may jointly issue a waiver
permitting a State agency to create, implement, or make an
expenditure with respect to a new program created in response
to the emergency, without the issuance of a certificate to
proceed by the Comptroller as required under subsection (a).
(h) This Section 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 this Section.
This Act takes effect upon