FOWLER, M.D., Claimant, v. THE STATE OF ILLINOIS, W. GERALD Respondent.

Case summary

Claimant sought payment for products or services supplied during fiscal year 1978 based on a lapsed appropriation. The court dismissed the claim because the Department of Administrative Services reported no funds remained in the appropriation and no funds were available for transfer, and the court lacked authority to award in excess of the appropriation.

Claim type: Lapsed Appropriation

Statutes cited: Ill. Rev. Stat. 1979, ch. 127, par. 166

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

L APSED APPROPRIATIONS-COUT~ of Claims lacks authority t o grant award in cases where balance of appropriation is insufficient. The claim based upon a lapsed appropriation for products or services provided was dismissed, as the Court of Claims lacks authority to grant such a claim where the balance of the appropriation remaining is insufficient.

J. MICHAEL O’BRYNE,for Claimant.

HOLDERMAN, J.

This matter coming on to be heard upon the motion of Respondent to dismiss the claim herein, due notice being given, and the Court being fully advised in the premises, finds that:

1. Claimant has brought this action, based upon a lapsed appropriation for products or services supplied during fiscal year 1978.

2. Rule 14 of the Rules of the Court of Claims of the State of Illinois states that departmental reports, submitted by State departments, are prima facie evidence of the facts set forth therein.

3. The report of the Department of Administrative Services states that at the close of fiscal year 1978 there were no funds remaining in the appropriation to pay the subject invoice, nor were there funds available for transfer.

4. Section 30 of an Act in relation to State Finance (Ill. Rev. Stat. 1979, ch. 127, par. 166), prohibits obligating the State to any indebtedness in excess of the money appropriated for a department.

Likewise, the Court of Claims has no authority to [*182] grant an award in cases where the balance of the appropriation remaining is insufficient.

It is hereby ordered that the motion of respondent be, and the same is, granted and this claim is dismissed.