State of Illinois
90th General Assembly

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[ Introduced ][ House Amendment 001 ]


      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.
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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