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90_HB1900
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
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 5. The State Finance Act is amended by changing
27 Section 25 as follows:
28 (30 ILCS 105/25) (from Ch. 127, par. 161)
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1 (Text of Section before amendment by P.A. 89-507)
2 Sec. 25. Fiscal year limitations.
3 (a) All appropriations shall be available for
4 expenditure for the fiscal year or for a lesser period if the
5 Act making that appropriation so specifies. A deficiency or
6 emergency appropriation shall be available for expenditure
7 only through June 30 of the year when the Act making that
8 appropriation is enacted unless that Act otherwise provides.
9 (b) Outstanding liabilities as of June 30, payable from
10 appropriations which have otherwise expired, may be paid out
11 of the expiring appropriations during the 2-month period
12 ending at the close of business on August 31. Any service
13 involving professional or artistic skills or any personal
14 services by an employee whose compensation is subject to
15 income tax withholding must be performed as of June 30 of the
16 fiscal year in order to be considered an "outstanding
17 liability as of June 30" that is thereby eligible for payment
18 out of the expiring appropriation.
19 However, payment of tuition reimbursement claims under
20 Section 14-7.03 or 18-3 of the School Code may be made by the
21 State Board of Education from its appropriations for those
22 respective purposes for any fiscal year, even though the
23 claims reimbursed by the payment may be claims attributable
24 to a prior fiscal year, and payments may be made at the
25 direction of the State Superintendent of Education from the
26 fund from which the appropriation is made without regard to
27 any fiscal year limitations.
28 Medical and child care payments may be made by the
29 Department of Public Aid from its appropriations for those
30 purposes for any fiscal year, without regard to the fact that
31 the medical or child care services being compensated for by
32 such payment may have been rendered in a prior fiscal year;
33 and payments may be made at the direction of the Department
34 of Central Management Services from the Health Insurance
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1 Reserve Fund and the Local Government Health Insurance
2 Reserve Fund without regard to any fiscal year limitations.
3 Additionally, payments may be made by the Department of
4 Public Aid from its appropriations, or any other State agency
5 from its appropriations with the approval of the Department
6 of Public Aid, from the Immigration Reform and Control Fund
7 for purposes authorized pursuant to the Immigration Reform
8 and Control Act of 1986, without regard to any fiscal year
9 limitations.
10 (c) Further, payments may be made by the Department of
11 Public Health from its appropriations for grants for medical
12 care to or on behalf of persons suffering from chronic renal
13 disease, persons suffering from hemophilia, rape victims, and
14 premature and high-mortality risk infants and their mothers
15 and for grants for supplemental food supplies provided under
16 the United States Department of Agriculture Women, Infants
17 and Children Nutrition Program, for any fiscal year without
18 regard to the fact that the services being compensated for by
19 such payment may have been rendered in a prior fiscal year.
20 (d) The Department of Public Health shall annually
21 submit to the State Comptroller, Senate President, Senate
22 Minority Leader, Speaker of the House, House Minority Leader,
23 and the respective Chairmen and Minority Spokesmen of the
24 Appropriations Committees of the Senate and the House, on or
25 before December 31, a report of fiscal year funds used to pay
26 for services provided in any prior fiscal year. This report
27 shall document by program or service category those
28 expenditures from the most recently completed fiscal year
29 used to pay for services provided in prior fiscal years.
30 (e) The Department of Public Aid shall annually submit
31 to the State Comptroller, Senate President, Senate Minority
32 Leader, Speaker of the House, House Minority Leader, the
33 respective Chairmen and Minority Spokesmen of the
34 Appropriations Committees of the Senate and the House, on or
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1 before November 30, a report that shall document by program
2 or service category those expenditures from the most recently
3 completed fiscal year used to pay for (i) services provided
4 in prior fiscal years and (ii) services for which claims were
5 received in prior fiscal years.
6 (f) The Department of Public Aid shall annually submit
7 to the State Comptroller, Senate President, Senate Minority
8 Leader, Speaker of the House, House Minority Leader, and the
9 respective Chairmen and Minority Spokesmen of the
10 Appropriations Committees of the Senate and the House, on or
11 before December 31, a report of fiscal year funds used to pay
12 for services (other than medical care) provided in any prior
13 fiscal year. This report shall document by program or
14 service category those expenditures from the most recently
15 completed fiscal year used to pay for services provided in
16 prior fiscal years.
17 (g) In addition, each annual report required to be
18 submitted by the Department of Public Aid under subsection
19 (e) shall include the following information with respect to
20 the State's Medicaid program:
21 (1) Explanations of the exact causes of the
22 variance between the previous year's estimated and actual
23 liabilities.
24 (2) Factors affecting the Department of Public
25 Aid's liabilities, including but not limited to numbers
26 of aid recipients, levels of medical service utilization
27 by aid recipients, and inflation in the cost of medical
28 services.
29 (3) The results of the Department's efforts to
30 combat fraud and abuse.
31 (h) As provided in Section 4 of the General Assembly
32 Compensation Act, any utility bill for service provided to a
33 General Assembly member's district office for a period
34 including portions of 2 consecutive fiscal years may be paid
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1 from funds appropriated for such expenditure in either fiscal
2 year.
3 (i) An agency which administers a fund classified by the
4 Comptroller as an internal service fund may issue rules for:
5 (1) billing user agencies in advance based on
6 estimated charges for goods or services;
7 (2) issuing credits during the subsequent fiscal
8 year for all user agency payments received during the
9 prior fiscal year which were in excess of the final
10 amounts owed by the user agency for that period; and
11 (3) issuing catch-up billings to user agencies
12 during the subsequent fiscal year for amounts remaining
13 due when payments received from the user agency during
14 the prior fiscal year were less than the total amount
15 owed for that period.
16 User agencies are authorized to reimburse internal service
17 funds for catch-up billings by vouchers drawn against their
18 respective appropriations for the fiscal year in which the
19 catch-up billing was issued.
20 (j) The limitations provided by this Section with
21 respect to the period of time for which appropriations are
22 available for expenditure do not apply to an appropriation
23 with respect to which a complaint has been filed under
24 Section 11-350 of the Code of Civil Procedure.
25 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
26 89-235, eff. 8-4-95; 89-511, eff. 1-1-97.)
27 (Text of Section after amendment by P.A. 89-507)
28 Sec. 25. Fiscal year limitations.
29 (a) All appropriations shall be available for
30 expenditure for the fiscal year or for a lesser period if the
31 Act making that appropriation so specifies. A deficiency or
32 emergency appropriation shall be available for expenditure
33 only through June 30 of the year when the Act making that
34 appropriation is enacted unless that Act otherwise provides.
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1 (b) Outstanding liabilities as of June 30, payable from
2 appropriations which have otherwise expired, may be paid out
3 of the expiring appropriations during the 2-month period
4 ending at the close of business on August 31. Any service
5 involving professional or artistic skills or any personal
6 services by an employee whose compensation is subject to
7 income tax withholding must be performed as of June 30 of the
8 fiscal year in order to be considered an "outstanding
9 liability as of June 30" that is thereby eligible for payment
10 out of the expiring appropriation.
11 However, payment of tuition reimbursement claims under
12 Section 14-7.03 or 18-3 of the School Code may be made by the
13 State Board of Education from its appropriations for those
14 respective purposes for any fiscal year, even though the
15 claims reimbursed by the payment may be claims attributable
16 to a prior fiscal year, and payments may be made at the
17 direction of the State Superintendent of Education from the
18 fund from which the appropriation is made without regard to
19 any fiscal year limitations.
20 Medical payments may be made by the Department of Public
21 Aid and child care payments may be made by the Department of
22 Human Services (as successor to the Department of Public Aid)
23 from appropriations for those purposes for any fiscal year,
24 without regard to the fact that the medical or child care
25 services being compensated for by such payment may have been
26 rendered in a prior fiscal year; and payments may be made at
27 the direction of the Department of Central Management
28 Services from the Health Insurance Reserve Fund and the Local
29 Government Health Insurance Reserve Fund without regard to
30 any fiscal year limitations.
31 Additionally, payments may be made by the Department of
32 Human Services from its appropriations, or any other State
33 agency from its appropriations with the approval of the
34 Department of Human Services, from the Immigration Reform and
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1 Control Fund for purposes authorized pursuant to the
2 Immigration Reform and Control Act of 1986, without regard to
3 any fiscal year limitations.
4 (c) Further, payments may be made by the Department of
5 Public Health and the Department of Human Services (acting as
6 successor to the Department of Public Health under the
7 Department of Human Services Act) from their respective
8 appropriations for grants for medical care to or on behalf of
9 persons suffering from chronic renal disease, persons
10 suffering from hemophilia, rape victims, and premature and
11 high-mortality risk infants and their mothers and for grants
12 for supplemental food supplies provided under the United
13 States Department of Agriculture Women, Infants and Children
14 Nutrition Program, for any fiscal year without regard to the
15 fact that the services being compensated for by such payment
16 may have been rendered in a prior fiscal year.
17 (d) The Department of Public Health and the Department
18 of Human Services (acting as successor to the Department of
19 Public Health under the Department of Human Services Act)
20 shall each annually submit to the State Comptroller, Senate
21 President, Senate Minority Leader, Speaker of the House,
22 House Minority Leader, and the respective Chairmen and
23 Minority Spokesmen of the Appropriations Committees of the
24 Senate and the House, on or before December 31, a report of
25 fiscal year funds used to pay for services provided in any
26 prior fiscal year. This report shall document by program or
27 service category those expenditures from the most recently
28 completed fiscal year used to pay for services provided in
29 prior fiscal years.
30 (e) The Department of Public Aid and the Department of
31 Human Services (acting as successor to the Department of
32 Public Aid) shall each annually submit to the State
33 Comptroller, Senate President, Senate Minority Leader,
34 Speaker of the House, House Minority Leader, the respective
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1 Chairmen and Minority Spokesmen of the Appropriations
2 Committees of the Senate and the House, on or before November
3 30, a report that shall document by program or service
4 category those expenditures from the most recently completed
5 fiscal year used to pay for (i) services provided in prior
6 fiscal years and (ii) services for which claims were received
7 in prior fiscal years.
8 (f) The Department of Human Services (as successor to
9 the Department of Public Aid) shall annually submit to the
10 State Comptroller, Senate President, Senate Minority Leader,
11 Speaker of the House, House Minority Leader, and the
12 respective Chairmen and Minority Spokesmen of the
13 Appropriations Committees of the Senate and the House, on or
14 before December 31, a report of fiscal year funds used to pay
15 for services (other than medical care) provided in any prior
16 fiscal year. This report shall document by program or
17 service category those expenditures from the most recently
18 completed fiscal year used to pay for services provided in
19 prior fiscal years.
20 (g) In addition, each annual report required to be
21 submitted by the Department of Public Aid under subsection
22 (e) shall include the following information with respect to
23 the State's Medicaid program:
24 (1) Explanations of the exact causes of the
25 variance between the previous year's estimated and actual
26 liabilities.
27 (2) Factors affecting the Department of Public
28 Aid's liabilities, including but not limited to numbers
29 of aid recipients, levels of medical service utilization
30 by aid recipients, and inflation in the cost of medical
31 services.
32 (3) The results of the Department's efforts to
33 combat fraud and abuse.
34 (h) As provided in Section 4 of the General Assembly
-9- LRB9000380DJcdC
1 Compensation Act, any utility bill for service provided to a
2 General Assembly member's district office for a period
3 including portions of 2 consecutive fiscal years may be paid
4 from funds appropriated for such expenditure in either fiscal
5 year.
6 (i) An agency which administers a fund classified by the
7 Comptroller as an internal service fund may issue rules for:
8 (1) billing user agencies in advance based on
9 estimated charges for goods or services;
10 (2) issuing credits during the subsequent fiscal
11 year for all user agency payments received during the
12 prior fiscal year which were in excess of the final
13 amounts owed by the user agency for that period; and
14 (3) issuing catch-up billings to user agencies
15 during the subsequent fiscal year for amounts remaining
16 due when payments received from the user agency during
17 the prior fiscal year were less than the total amount
18 owed for that period.
19 User agencies are authorized to reimburse internal service
20 funds for catch-up billings by vouchers drawn against their
21 respective appropriations for the fiscal year in which the
22 catch-up billing was issued.
23 (j) The limitations provided by this Section with
24 respect to the period of time for which appropriations are
25 available for expenditure do not apply to an appropriation
26 with respect to which a complaint has been filed under
27 Section 11-350 of the Code of Civil Procedure.
28 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
29 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
30 1-1-97; revised 9-10-96.)
31 Section 10. The Court of Claims Act is amended by
32 changing Section 8 and adding Section 8.5 as follows:
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1 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
2 Sec. 8. Except as provided in Section 8.5, the court
3 shall have exclusive jurisdiction to hear and determine the
4 following matters:
5 (a) All claims against the state founded upon any law of
6 the State of Illinois, or upon any regulation thereunder by
7 an executive or administrative officer or agency, other than
8 claims arising under the Workers' Compensation Act or the
9 Workers' Occupational Diseases Act, or claims for expenses in
10 civil litigation.
11 (b) All claims against the state founded upon any
12 contract entered into with the State of Illinois.
13 (c) All claims against the state for time unjustly
14 served in prisons of this State where the persons imprisoned
15 shall receive a pardon from the governor stating that such
16 pardon is issued on the ground of innocence of the crime for
17 which they were imprisoned; provided, the court shall make no
18 award in excess of the following amounts: for imprisonment of
19 5 years or less, not more than $15,000; for imprisonment of
20 14 years or less but over 5 years, not more than $30,000; for
21 imprisonment of over 14 years, not more than $35,000; and
22 provided further, the court shall fix attorney's fees not to
23 exceed 25% of the award granted.
24 (d) All claims against the State for damages in cases
25 sounding in tort, if a like cause of action would lie against
26 a private person or corporation in a civil suit, and all like
27 claims sounding in tort against the Medical Center
28 Commission, the Board of Trustees of the University of
29 Illinois, the Board of Trustees of Southern Illinois
30 University, the Board of Trustees of Chicago State
31 University, the Board of Trustees of Eastern Illinois
32 University, the Board of Trustees of Governors State
33 University, the Board of Trustees of Illinois State
34 University, the Board of Trustees of Northeastern Illinois
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1 University, the Board of Trustees of Northern Illinois
2 University, the Board of Trustees of Western Illinois
3 University, or the Board of Trustees of the Illinois
4 Mathematics and Science Academy; provided, that an award for
5 damages in a case sounding in tort, other than certain cases
6 involving the operation of a State vehicle described in this
7 paragraph, shall not exceed the sum of $100,000 to or for the
8 benefit of any claimant. The $100,000 limit prescribed by
9 this Section does not apply to an award of damages in any
10 case sounding in tort arising out of the operation by a State
11 employee of a vehicle owned, leased or controlled by the
12 State. The defense that the State or the Medical Center
13 Commission or the Board of Trustees of the University of
14 Illinois, the Board of Trustees of Southern Illinois
15 University, the Board of Trustees of Chicago State
16 University, the Board of Trustees of Eastern Illinois
17 University, the Board of Trustees of Governors State
18 University, the Board of Trustees of Illinois State
19 University, the Board of Trustees of Northeastern Illinois
20 University, the Board of Trustees of Northern Illinois
21 University, the Board of Trustees of Western Illinois
22 University, or the Board of Trustees of the Illinois
23 Mathematics and Science Academy is not liable for the
24 negligence of its officers, agents, and employees in the
25 course of their employment is not applicable to the hearing
26 and determination of such claims.
27 (e) All claims for recoupment made by the State of
28 Illinois against any claimant.
29 (f) All claims pursuant to the Law Enforcement Officers,
30 Civil Defense Workers, Civil Air Patrol Members, Paramedics,
31 Firemen and State Employees Compensation Act.
32 (g) All claims filed pursuant to the Crime Victims
33 Compensation Act.
34 (h) All claims pursuant to the Illinois National
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1 Guardsman's Compensation Act.
2 (i) All claims authorized by subsection (a) of Section
3 10-55 of the Illinois Administrative Procedure Act for the
4 expenses incurred by a party in a contested case on the
5 administrative level.
6 (Source: P.A. 88-45; 89-4, eff. 1-1-96.)
7 (705 ILCS 505/8.5 new)
8 Sec. 8.5. Exception to court's jurisdiction. The court
9 does not have jurisdiction to hear complaints filed under
10 Section 11-350 of the Code of Civil Procedure.
11 Section 15. The Code of Civil Procedure is amended by
12 changing Sections 11-302 and 11-303 and by adding Sections
13 11-350, 11-355, 11-360, 11-365, 11-370, and 11-375 as
14 follows:
15 (735 ILCS 5/11-302) (from Ch. 110, par. 11-302)
16 Sec. 11-302. Action by Attorney General. An Such action
17 under Section 11-301 may be maintained by the Attorney
18 General, by filing in the office of the clerk of the circuit
19 court of the proper county a complaint in the name of the
20 People of the State of Illinois. When such complaint is
21 filed, it shall be presented to the court and an order shall
22 be entered thereon showing the day of presentation and the
23 day, which shall not be less than 5 days and not more than 10
24 days thereafter, when the court will hear the same.
25 (Source: P.A. 83-707.)
26 (735 ILCS 5/11-303) (from Ch. 110, par. 11-303)
27 Sec. 11-303. Action by private citizen. An Such action
28 under Section 11-301, when prosecuted by a citizen and
29 taxpayer of the State, shall be commenced by petition for
30 leave to file an action to restrain and enjoin the defendant
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1 or defendants from disbursing the public funds of the State.
2 Such petition shall have attached thereto a copy of the
3 complaint, leave to file which is petitioned for. Upon the
4 filing of such petition, it shall be presented to the court,
5 and the court shall enter an order stating the date of the
6 presentation of the petition and fixing a day, which shall
7 not be less than 5 nor more than 10 days thereafter, when
8 such petition for leave to file the action will be heard. The
9 court shall also order the petitioner to give notice in
10 writing to each defendant named therein and to the Attorney
11 General, specifying in such notice the fact of the
12 presentation of such petition and the date and time when the
13 same will be heard. Such notice shall be served upon the
14 defendants and upon the Attorney General, as the case may be,
15 at least 5 days before the hearing of such petition.
16 Upon such hearing, if the court is satisfied that there
17 is reasonable ground for the filing of such action, the court
18 may grant the petition and order the complaint to be filed
19 and process to issue. The court may, in its discretion, grant
20 leave to file the complaint as to certain items, parts or
21 portions of any appropriation Act sought to be enjoined and
22 mentioned in such complaint, and may deny leave as to the
23 rest.
24 (Source: P.A. 82-280.)
25 (735 ILCS 5/11-350 new)
26 Sec. 11-350. Anti-impoundment action; commencement.
27 (a) If the General Assembly makes an appropriation for a
28 separately itemized project or program in a bill that becomes
29 law and if the officer or officers of the State government
30 who are authorized to spend the appropriated moneys withhold,
31 reserve, or impound all or a portion of those moneys or
32 otherwise fail or refuse to spend all or a portion of those
33 moneys, then an action may be maintained to compel the
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1 officer or officers to spend those moneys or the portion of
2 those moneys that has not been spent.
3 (b) An action under this Section shall be commenced by
4 filing a complaint in the circuit court. At least 5
5 taxpayers of the State shall file the complaint. The action
6 may not be maintained as a class action.
7 (c) The complaint must be filed after the appropriation
8 takes effect and before the end of the lapse period during
9 which the appropriated moneys may be spent following the end
10 of the fiscal year as provided in Section 25 of the State
11 Finance Act, excluding subsection (j) of that Section.
12 (d) If a complaint is filed under this Section within
13 the time period specified in subsection (c), the fiscal year
14 limitations provided in Section 25 of the State Finance Act,
15 excluding subsection (j) of that Section, do not thereafter
16 apply to the appropriated moneys complained of, and the
17 action may be maintained regardless of whether the
18 appropriated moneys complained of would be available for
19 expenditure under that Section.
20 (735 ILCS 5/11-355 new)
21 Sec. 11-355. Summons; pleadings. Upon the filing of a
22 complaint under Section 11-350, summons shall be issued and
23 pleadings shall be filed as provided in Section 11-304.
24 (735 ILCS 5/11-360 new)
25 Sec. 11-360. Notice to General Assembly. Upon the
26 filing of a complaint under Section 11-350, the clerk of the
27 court shall send the General Assembly a notice that the
28 complaint has been filed. The clerk shall send one copy of
29 the notice, with a copy of the complaint attached, to each of
30 the following; the Speaker, the Minority Leader, and the
31 Clerk of the House of Representatives and the President, the
32 Minority Leader, and the Secretary of the Senate. The notice
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1 shall include a statement that the General Assembly may
2 respond to the complaint by adopting a joint resolution as
3 provided in Section 11-365.
4 (735 ILCS 5/11-365 new)
5 Sec. 11-365. Joint resolution to impound moneys. The
6 General Assembly, by a joint resolution adopted by both
7 houses, may affirm the impoundment of appropriated State
8 moneys that is the subject of a complaint filed under Section
9 11-350. The resolution must be adopted by both houses within
10 10 legislative session days after the notice sent under
11 Section 11-360 is received by the General Assembly. If a
12 joint resolution is adopted as provided in this Section, the
13 court shall dismiss the complaint.
14 (735 ILCS 5/11-370 new)
15 Sec. 11-370. Court order.
16 (a) After a hearing on the complaint, if the court finds
17 that an officer or officers of the State government have
18 withheld, reserved, or impounded all or a portion of the
19 appropriated moneys or have otherwise failed or refused to
20 spend all or a portion of those moneys, the court shall order
21 the officer or officers to spend those moneys in accordance
22 with the appropriation. The order shall specify the period
23 of time within which the moneys must be spent. The court may
24 not enter the order until after the 10 legislative session
25 days specified in Section 11-365 have elapsed.
26 (b) The court may not order that the spending of
27 appropriated moneys for a particular project or program take
28 precedence over the spending of other appropriated moneys for
29 a like project or program.
30 (c) The court may enforce its order as in other civil
31 cases, including by the use of its contempt powers.
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1 (735 ILCS 5/11-375 new)
2 Sec. 11-375. No attorney's fees or costs. A plaintiff in
3 an action under Section 11-350 is not entitled to an award of
4 attorney's fees or costs.
5 (735 ILCS 5/11-380 new)
6 Sec. 11-380. Impeachable offense.
7 (a) In an action under Section 11-350, if the court
8 orders the defendant officer or officers to spend all or a
9 portion of the appropriated moneys that the officer or
10 officers withheld, reserved, impounded, or otherwise failed
11 or refused to spend and if the General Assembly does not
12 adopt a joint resolution affirming the officer's or officers'
13 action as provided in Section 11-365, then the officer or
14 officers shall be considered to have acted in direct
15 contravention of law and are thereby subject to impeachment
16 under Section 14 of Article IV of the Illinois Constitution.
17 (b) In an action under Section 11-350, if further
18 proceedings are necessary in order to enforce a court order
19 directing an officer or officers to spend appropriated moneys
20 because the officer or officers have failed or refused to
21 comply with the order, then the officer or officers shall be
22 considered to have acted in direct contravention of law and
23 are thereby subject to impeachment under Section 14 of
24 Article IV of the Illinois Constitution.
25 (c) This Section does not apply to the Governor.
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.