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|[ Introduced ]||[ House Amendment 001 ]|
90_HB1900eng 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 HB1900 Engrossed 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 1. This Act may be cited as the Impoundment 27 Regulation Act.
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