HB2704 EngrossedLRB100 04378 HLH 14384 b


  
1    AN ACT concerning State government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Personnel Code is amended  by changing 
5Section 12a as follows:
 



6    (20 ILCS 415/12a)  (from Ch. 127, par. 63b112a)



7    Sec. 12a. Certification of payrolls. 

8    (1) No state disbursing or auditing officer
shall make or 
9approve or take any part in making or approving any payment
for 
10personal service to any person holding a position in the State 
11service
subject to this Act with the exception of those exempt 
12under Section 4c
unless the payroll voucher or account of such 
13pay bears the certification
of the agency head Director, or of 
14his authorized agent, that there has not been a
determination 
15made by the agency Department that any person named in the 
16payroll
voucher or account of such pay was not appointed and 
17employed in accordance
with the provisions of this law and 
18rules, regulations, and orders thereunder.

19    Auditing by the Department Such certification shall be 
20based either upon verification of the
individual items in each 
21payroll period or upon procedures developed for
avoiding 
22unnecessary repetitive verification when other evidence of

23compliance with applicable laws and rules is available. Such 
 
 
HB2704 Engrossed- 2 -LRB100 04378 HLH 14384 b

1procedures may
be based either upon a continuation of payroll 
2preparation by individual
agencies or upon the use of a central 
3payroll preparation unit.  The
Director may for proper cause 
4withhold certification or approval from an
entire payroll or 
5from any specific item or items thereon. 

6    (2) On and after July 1, 1957, any citizen may maintain a 
7suit to
restrain a disbursing officer from making any payment 
8in contravention of
any provisions of this law, rule, or order 
9thereunder.  Any sum paid
contrary to any provision of this law 
10or of any rule, regulation, or order
thereunder may be 
11recovered in an action maintained by any citizen, from
any 
12officer who made, approved, or authorized such payment or who 
13signed a
voucher, payroll, check or warrant for such payment, 
14or from the sureties
on the official bond of any such officer.  
15All moneys recovered in any such
action shall be paid into the 
16State treasury.

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