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| [ Introduced ] | [ House Amendment 001 ] |
90_HB1900eng
30 ILCS 105/25 from Ch. 127, par. 161
705 ILCS 505/8 from Ch. 37, par. 439.8
705 ILCS 505/8.5 new
735 ILCS 5/11-302 from Ch. 110, par. 11-302
735 ILCS 5/11-303 from Ch. 110, par. 11-303
735 ILCS 5/11-350 new
735 ILCS 5/11-355 new
735 ILCS 5/11-360 new
735 ILCS 5/11-365 new
735 ILCS 5/11-370 new
735 ILCS 5/11-375 new
735 ILCS 5/11-380 new
Amends the State Finance Act, the Court of Claims Act,
and the Code of Civil Procedure. Authorizes taxpayer suits to
compel expenditure of appropriated State moneys that have
been impounded by an officer or officers of State government.
Provides for commencement of the action in the circuit court,
and requires notice to the General Assembly. Provides for
adoption of a joint resolution by the General Assembly to
affirm the impoundment. Makes impoundment, without such a
joint resolution or in violation of a court order, an
impeachable offense except in the case of the Governor.
Effective immediately.
LRB9000380DJcdC
HB1900 Engrossed LRB9000380DJcdC
1 AN ACT concerning the impoundment of appropriated items.
2 WHEREAS, Under the Illinois Constitution, the legislative
3 power of the State of Illinois is vested in the General
4 Assembly; and
5 WHEREAS, The appropriation of public moneys for public
6 purposes is a legislative function properly exercised by the
7 General Assembly; and
8 WHEREAS, The General Assembly is vested with the ultimate
9 authority to determine both the level and the allocation of
10 public spending; and
11 WHEREAS, A principal function of the executive branch of
12 government is to carry out the laws of the State, whether
13 those laws are embodied in statutory or other form; and
14 WHEREAS, If the Governor desires to reduce the amount of
15 moneys appropriated by the General Assembly, then, under the
16 Illinois Constitution, the Governor may reduce or veto any
17 item of appropriations in a bill presented to the Governor or
18 may return a bill together with specific recommendations for
19 change to the house in which it originated; and
20 WHEREAS, Under the Illinois Constitution, the Governor is
21 given no express authority to reserve or impound appropriated
22 moneys in frustration of the General Assembly's expressed
23 intent; therefore,
24 Be it enacted by the People of the State of Illinois,
25 represented in the General Assembly:
26 Section 1. This Act may be cited as the Impoundment
27 Regulation Act.