Bill Text: IL HB5125 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5125 Detail]

Download: Illinois-2011-HB5125-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5125 Introduced , by Rep. Jim Watson SYNOPSIS AS INTRODUCED:
30 ILCS 105/11.2 new
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.
LRB097 16919 PJG 62107 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5125 LRB097 16919 PJG 62107 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 11.2 as follows:
(30 ILCS 105/11.2 new)
Sec. 11.2. Limitation on spending for new programs.
(a) 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 that has been
issued by the Comptroller.
(b) The Comptroller shall continuously monitor the amounts
and due dates of the State's overdue bills.
(c) The Comptroller shall, upon request, issue to a State
agency a certificate to proceed with the creation or
implementation of a new program unless, at the time of the
proposed creation or implementation, the State has a
significant backlog of overdue bills.
(d) For the purposes of this Section, "new program" means a
program or project originally created or significantly
expanded under a Public Act that becomes law on or after July
1, 2012 or an executive order issued on or after that date.

HB5125 - 2 - LRB097 16919 PJG 62107 b
(e) For the purposes of this Section, "significant backlog
of overdue bills" means a balance of more than $250,000,000 of
unpaid bills that are more than 30 days overdue.
(f) The Comptroller shall not approve or draw a warrant on
any voucher presented to the Comptroller relating to a new
program that requires, but has not been issued, a certificate
to proceed under this Section.
(g) In the event of an emergency affecting public health,
safety, or welfare, as determined jointly by the Governor and
the Comptroller, and for so long as the emergency continues,
the Governor and Comptroller may jointly issue a waiver
permitting a State agency to create, implement, or make an
expenditure with respect to a new program created in response
to the emergency, without the issuance of a certificate to
proceed by the Comptroller as required under subsection (a).
(h) This Section 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 this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.