Full Text of HB5125 97th General Assembly
HB5125 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5125 Introduced 2/8/2012, by Rep. Jim Watson SYNOPSIS AS INTRODUCED: |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB5125 | | LRB097 16919 PJG 62107 b |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 11.2 as follows: | 6 | | (30 ILCS 105/11.2 new) | 7 | | Sec. 11.2. Limitation on spending for new programs. | 8 | | (a) A State agency shall not create or implement a new | 9 | | program, nor make any expenditure or obligation of public funds | 10 | | with respect to a new program, without having a one-time | 11 | | certificate to proceed with that new program that has been | 12 | | issued by the Comptroller. | 13 | | (b) The Comptroller shall continuously monitor the amounts | 14 | | and due dates of the State's overdue bills. | 15 | | (c) The Comptroller shall, upon request, issue to a State | 16 | | agency a certificate to proceed with the creation or | 17 | | implementation of a new program unless, at the time of the | 18 | | proposed creation or implementation, the State has a | 19 | | significant backlog of overdue bills. | 20 | | (d) For the purposes of this Section, "new program" means a | 21 | | program or project originally created or significantly | 22 | | expanded under a Public Act that becomes law on or after July | 23 | | 1, 2012 or an executive order issued on or after that date. |
| | | HB5125 | - 2 - | LRB097 16919 PJG 62107 b |
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| 1 | | (e) For the purposes of this Section, "significant backlog | 2 | | of overdue bills" means a balance of more than $250,000,000 of | 3 | | unpaid bills that are more than 30 days overdue. | 4 | | (f) The Comptroller shall not approve or draw a warrant on | 5 | | any voucher presented to the Comptroller relating to a new | 6 | | program that requires, but has not been issued, a certificate | 7 | | to proceed under this Section. | 8 | | (g) In the event of an emergency affecting public health, | 9 | | safety, or welfare, as determined jointly by the Governor and | 10 | | the Comptroller, and for so long as the emergency continues, | 11 | | the Governor and Comptroller may jointly issue a waiver | 12 | | permitting a State agency to create, implement, or make an | 13 | | expenditure with respect to a new program created in response | 14 | | to the emergency, without the issuance of a certificate to | 15 | | proceed by the Comptroller as required under subsection (a). | 16 | | (h) This Section does not bar recovery by a person, acting | 17 | | in good faith, to whom a State agency has incurred an | 18 | | obligation or liability in violation of this Section.
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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