Full Text of HB5534 95th General Assembly
HB5534eng 95TH GENERAL ASSEMBLY
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HB5534 Engrossed |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 12-2 as follows:
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| (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
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| Sec. 12-2. (a) The chairmen of the travel control boards | 8 |
| established
by Section 12-1, or their designees, shall together | 9 |
| comprise the Travel
Regulation Council. The Travel Regulation | 10 |
| Council shall be chaired by the
Director of Central Management | 11 |
| Services, who shall be a nonvoting member of
the Council, | 12 |
| unless he is otherwise qualified to vote by virtue of being
the | 13 |
| designee of a voting member. No later than March 1, 1986, and | 14 |
| at least
biennially thereafter, the Council shall adopt State | 15 |
| Travel Regulations and
Reimbursement Rates which shall be | 16 |
| applicable to all personnel subject to
the jurisdiction of the | 17 |
| travel control boards established by Section 12-1.
An | 18 |
| affirmative vote of a majority of the members of the Council | 19 |
| shall be
required to adopt regulations and reimbursement rates. | 20 |
| If the Council
fails to adopt regulations by March 1 of any | 21 |
| odd-numbered year, the
Director of Central Management Services | 22 |
| shall adopt emergency regulations
and reimbursement rates | 23 |
| pursuant to the Illinois Administrative Procedure Act.
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LRB095 19085 BDD 45284 b |
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| (b) Mileage for automobile travel shall be reimbursed at | 2 |
| the allowance
rate in effect under regulations promulgated | 3 |
| pursuant to 5 U.S.C. 5707(b)(2).
However, in the event the rate | 4 |
| set under federal regulations increases during
the course of | 5 |
| the State's fiscal year, the effective date of the new rate | 6 |
| shall
be the July 1 immediately following the change in the | 7 |
| federal rate.
In the event the rate set under federal | 8 |
| regulations increases or decreases during the
course of the | 9 |
| State's fiscal year, the effective date of the new rate shall | 10 |
| be
the effective date of the change in the federal rate. | 11 |
| Notwithstanding any other rulemaking authority that may exist, | 12 |
| neither the Governor nor any agency or agency head under the | 13 |
| jurisdiction of the Governor has any authority to make or | 14 |
| promulgate rules to implement or enforce the provisions of this | 15 |
| amendatory Act of the 95th General Assembly. If, however, the | 16 |
| Governor believes that rules are necessary to implement or | 17 |
| enforce the provisions of this amendatory Act of the 95th | 18 |
| General Assembly, the Governor may suggest rules to the General | 19 |
| Assembly by filing them with the Clerk of the House and the | 20 |
| Secretary of the Senate and by requesting that the General | 21 |
| Assembly authorize such rulemaking by law, enact those | 22 |
| suggested rules into law, or take any other appropriate action | 23 |
| in the General Assembly's discretion. Nothing contained in this | 24 |
| amendatory Act of the 95th General Assembly shall be | 25 |
| interpreted to grant rulemaking authority under any other | 26 |
| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this subsection, "rules" | 2 |
| is given the meaning contained in Section 1-70 of the Illinois | 3 |
| Administrative Procedure Act, and "agency" and "agency head" | 4 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 5 |
| the Illinois Administrative Procedure Act to the extent that | 6 |
| such definitions apply to agencies or agency heads under the | 7 |
| jurisdiction of the Governor.
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| (c) Rates for reimbursement of expenses other than mileage | 9 |
| shall not
exceed the actual cost of travel as determined by the | 10 |
| United States
Internal Revenue Service.
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| (d) Reimbursements to travelers shall be made pursuant to | 12 |
| the rates and
regulations applicable to the respective State | 13 |
| agency as of the effective
date of this amendatory Act, until | 14 |
| the State Travel Regulations and
Reimbursement Rates | 15 |
| established by this Section are adopted and effective.
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| (e) Lodging in Cook County, Illinois and the District of | 17 |
| Columbia shall be
reimbursed at the maximum lodging rate in | 18 |
| effect under regulations promulgated
pursuant to 5 U.S.C. | 19 |
| 5701-5709. For purposes of this subsection (e), the
District of
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| Columbia shall include the cities and counties included in the | 21 |
| per diem
locality of the
District of Columbia, as defined by | 22 |
| the regulations in effect promulgated
pursuant to 5
U.S.C. | 23 |
| 5701-5709. Individual travel control boards may set a lodging
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| reimbursement rate
more restrictive than the rate set forth in | 25 |
| the federal regulations.
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| (Source: P.A. 92-315, eff. 8-9-01; 93-154, eff. 7-10-03.)
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