Public Act 100-0124
 
HB2704 EnrolledLRB100 04378 HLH 14384 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Personnel Code is amended  by changing 
Section 12a as follows:
 



    (20 ILCS 415/12a)  (from Ch. 127, par. 63b112a)



    Sec. 12a. Certification of payrolls. 

    (1) No state disbursing or auditing officer
shall make or 
approve or take any part in making or approving any payment
for 
personal service to any person holding a position in the State 
service
subject to this Act with the exception of those exempt 
under Section 4c
unless the payroll voucher or account of such 
pay bears the certification
of the agency head Director, or of 
his authorized agent, that there has not been a
determination 
made by the agency Department that any person named in the 
payroll
voucher or account of such pay was not appointed and 
employed in accordance
with the provisions of this law and 
rules, regulations, and orders thereunder.

    Auditing by the Department Such certification shall be 
based either upon verification of the
individual items in each 
payroll period or upon procedures developed for
avoiding 
unnecessary repetitive verification when other evidence of

compliance with applicable laws and rules is available. Such 
procedures may
be based either upon a continuation of payroll 
preparation by individual
agencies or upon the use of a central 
payroll preparation unit.  The
Director may for proper cause 
withhold certification or approval from an
entire payroll or 
from any specific item or items thereon. 

    (2) On and after July 1, 1957, any citizen may maintain a 
suit to
restrain a disbursing officer from making any payment 
in contravention of
any provisions of this law, rule, or order 
thereunder.  Any sum paid
contrary to any provision of this law 
or of any rule, regulation, or order
thereunder may be 
recovered in an action maintained by any citizen, from
any 
officer who made, approved, or authorized such payment or who 
signed a
voucher, payroll, check or warrant for such payment, 
or from the sureties
on the official bond of any such officer.  
All moneys recovered in any such
action shall be paid into the 
State treasury.

(Source: P.A. 89-77, eff. 6-30-95.)