Bill Amendment: IL SB0581 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ST COMPTROLLER REQ & CHANGES
Status: 2021-08-06 - Public Act . . . . . . . . . 102-0291 [SB0581 Detail]
Download: Illinois-2021-SB0581-Senate_Amendment_001.html
Bill Title: ST COMPTROLLER REQ & CHANGES
Status: 2021-08-06 - Public Act . . . . . . . . . 102-0291 [SB0581 Detail]
Download: Illinois-2021-SB0581-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 581
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2 | AMENDMENT NO. ______. Amend Senate Bill 581 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Voluntary Payroll Deductions Act of 1983 | ||||||
5 | is amended by changing Sections 3, 5, and 7 as follows:
| ||||||
6 | (5 ILCS 340/3) (from Ch. 15, par. 503)
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7 | Sec. 3. Definitions. As used in this Act unless the | ||||||
8 | context otherwise
requires:
| ||||||
9 | (a) "Employee" means any regular officer or employee who | ||||||
10 | receives salary
or wages for personal services rendered to the | ||||||
11 | State of Illinois, and
includes an individual hired as an | ||||||
12 | employee by contract with that individual.
| ||||||
13 | (b) "Qualified organization" means an organization | ||||||
14 | representing one or
more benefiting agencies, which | ||||||
15 | organization is designated by the State
Comptroller as | ||||||
16 | qualified to receive payroll deductions under this Act.
An |
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| |||||||
1 | organization desiring to be designated as a qualified | ||||||
2 | organization shall:
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3 | (1) Submit written or electronic designations on forms | ||||||
4 | approved by the State Comptroller
by 500 or more employees | ||||||
5 | or State annuitants, in which such employees
or State | ||||||
6 | annuitants indicate that the organization is one for which | ||||||
7 | the
employee or State annuitant intends to authorize | ||||||
8 | withholding. The forms
shall require the name, last 4 | ||||||
9 | digits only of the social security number,
and employing | ||||||
10 | State agency
for
each employee. Upon notification by the | ||||||
11 | Comptroller that such forms have been
approved, the | ||||||
12 | organization shall, within 30 days, notify in writing the | ||||||
13 | Comptroller
Governor or his or her designee of its | ||||||
14 | intention to obtain the required
number of designations. | ||||||
15 | Such organization shall have 12 months from that
date to | ||||||
16 | obtain the necessary
designations and return to the State | ||||||
17 | Comptroller's office the completed
designations, which | ||||||
18 | shall
be subject to verification procedures established by | ||||||
19 | the State Comptroller;
| ||||||
20 | (2) Certify that all benefiting agencies are tax | ||||||
21 | exempt under Section
501(c)(3) of the Internal Revenue | ||||||
22 | Code;
| ||||||
23 | (3) Certify that all benefiting agencies are in | ||||||
24 | compliance with the
Illinois Human Rights Act;
| ||||||
25 | (4) Certify that all benefiting agencies are in | ||||||
26 | compliance with
the Charitable Trust Act and the |
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| |||||||
1 | Solicitation for Charity Act;
| ||||||
2 | (5) Certify that all benefiting agencies actively | ||||||
3 | conduct health or
welfare programs and provide services to | ||||||
4 | individuals directed at one or
more of the following | ||||||
5 | common human needs within a community: service,
research, | ||||||
6 | and education in the health fields; family and child care
| ||||||
7 | services; protective services for children and adults; | ||||||
8 | services for
children and adults in foster care; services | ||||||
9 | related to the management and
maintenance of the home; day | ||||||
10 | care services for adults; transportation
services; | ||||||
11 | information, referral and counseling services; services to
| ||||||
12 | eliminate illiteracy; the preparation and delivery of | ||||||
13 | meals; adoption
services; emergency shelter care and | ||||||
14 | relief services; disaster relief services;
safety | ||||||
15 | services; neighborhood and community organization | ||||||
16 | services; recreation
services; social adjustment and | ||||||
17 | rehabilitation services; health support
services; or a | ||||||
18 | combination of such services designed to meet the special
| ||||||
19 | needs of specific groups, such as children and youth, the | ||||||
20 | ill and infirm,
and persons with physical disabilities; | ||||||
21 | and that all such benefiting agencies
provide the above | ||||||
22 | described services to individuals and their families
in | ||||||
23 | the community and surrounding area in which the | ||||||
24 | organization conducts
its fund drive, or that such | ||||||
25 | benefiting agencies provide relief to victims
of natural | ||||||
26 | disasters and other emergencies on a where and as needed |
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1 | basis;
| ||||||
2 | (6) Certify that the organization has disclosed the | ||||||
3 | percentage of
the organization's total collected receipts | ||||||
4 | from employees or State
annuitants that are distributed to | ||||||
5 | the benefiting agencies and the
percentage of the | ||||||
6 | organization's total collected receipts from employees
or | ||||||
7 | State annuitants that are expended
for fund-raising and | ||||||
8 | overhead costs. These percentages shall be the same
| ||||||
9 | percentage figures annually disclosed by the organization | ||||||
10 | to the Attorney
General. The disclosure shall be made to | ||||||
11 | all solicited employees and State
annuitants and shall
be | ||||||
12 | in the form of a factual statement on all petitions and in | ||||||
13 | the campaign's
brochures for employees and State | ||||||
14 | annuitants;
| ||||||
15 | (7) Certify that all benefiting agencies receiving | ||||||
16 | funds which the
employee or State annuitant has requested | ||||||
17 | or designated for distribution
to a particular community | ||||||
18 | and surrounding area use a majority of such funds
| ||||||
19 | distributed for services in the actual provision of | ||||||
20 | services in that community
and surrounding area;
| ||||||
21 | (8) Certify that neither it nor its member | ||||||
22 | organizations will solicit
State employees for | ||||||
23 | contributions at their workplace, except pursuant to
this | ||||||
24 | Act and the rules promulgated thereunder. Each qualified
| ||||||
25 | organization, and each participating United Fund, is | ||||||
26 | encouraged
to cooperate with all others and with all State |
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1 | agencies
and educational institutions so as to simplify | ||||||
2 | procedures, to resolve
differences and to minimize costs;
| ||||||
3 | (9) Certify that it will pay its share of the campaign | ||||||
4 | costs and will
comply with the Code of Campaign Conduct as | ||||||
5 | approved by the Comptroller Governor or other
agency as | ||||||
6 | designated by the Comptroller Governor ; and
| ||||||
7 | (10) Certify that it maintains a year-round office, | ||||||
8 | the telephone number,
and person responsible for the | ||||||
9 | operations of the organization in Illinois.
That | ||||||
10 | information shall be provided to the State Comptroller at | ||||||
11 | the time the
organization is seeking participation under | ||||||
12 | this Act.
| ||||||
13 | Each qualified organization shall submit to the State | ||||||
14 | Comptroller between
January 1 and March 1 of each year, a | ||||||
15 | statement that the organization is in
compliance with all of | ||||||
16 | the requirements set forth in paragraphs (2) through
(10). The | ||||||
17 | State Comptroller shall exclude any organization that fails to
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18 | submit the statement from the next solicitation period.
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19 | In order to be designated as a qualified organization, the | ||||||
20 | organization shall
have existed at least 2 years prior to | ||||||
21 | submitting the written or electronic designation forms
| ||||||
22 | required in paragraph (1) and shall certify to the State | ||||||
23 | Comptroller that such
organization has been providing services | ||||||
24 | described in paragraph (5) in
Illinois. If the organization | ||||||
25 | seeking designation represents more than one
benefiting | ||||||
26 | agency, it need not have existed for 2 years but shall certify |
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1 | to
the State Comptroller that each of its benefiting agencies | ||||||
2 | has existed for at
least 2 years prior to submitting the | ||||||
3 | written or electronic designation forms required in
paragraph | ||||||
4 | (1) and that each has been providing services described in | ||||||
5 | paragraph
(5) in Illinois.
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6 | Organizations which have met the requirements of this Act | ||||||
7 | shall be
permitted to participate in the State and | ||||||
8 | Universities Combined Appeal as
of January 1st of the year | ||||||
9 | immediately following their approval by the
Comptroller.
| ||||||
10 | Where the certifications described in paragraphs (2), (3), | ||||||
11 | (4),
(5), (6), (7), (8), (9), and (10) above are made by an | ||||||
12 | organization
representing more than
one benefiting agency they | ||||||
13 | shall be based upon the knowledge and belief of
such qualified | ||||||
14 | organization. Any qualified organization shall immediately
| ||||||
15 | notify the State Comptroller in writing if the qualified | ||||||
16 | organization
receives information or otherwise believes that a | ||||||
17 | benefiting agency is no
longer in compliance with the | ||||||
18 | certification of the qualified organization.
A qualified | ||||||
19 | organization representing more than one benefiting agency | ||||||
20 | shall
thereafter withhold and refrain from distributing to | ||||||
21 | such benefiting agency
those funds received pursuant to this | ||||||
22 | Act until the benefiting agency is
again in compliance with | ||||||
23 | the qualified organization's certification. The
qualified | ||||||
24 | organization shall immediately notify the State Comptroller of
| ||||||
25 | the benefiting agency's resumed compliance with the | ||||||
26 | certification, based
upon the qualified organization's |
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| |||||||
1 | knowledge and belief, and shall pay over
to the benefiting | ||||||
2 | agency those funds previously withheld.
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3 | In order to qualify, a qualified organization must receive | ||||||
4 | 250 deduction pledges from the immediately preceding | ||||||
5 | solicitation period as set forth in Section 6. The Comptroller | ||||||
6 | shall, by February 1st of each year, so notify any
qualified | ||||||
7 | organization that failed to receive the minimum deduction | ||||||
8 | requirement. The notification shall give such qualified
| ||||||
9 | organization until March 1st to provide the Comptroller with | ||||||
10 | documentation
that the minimum deduction requirement has been | ||||||
11 | met. On the basis of all the
documentation, the Comptroller | ||||||
12 | shall, by March 15th of each year, make publicly available | ||||||
13 | submit to
the Governor or his or her designee, or such other | ||||||
14 | agency as may be
determined by the Governor, a list of all | ||||||
15 | organizations which have met the minimum
payroll deduction | ||||||
16 | requirement. Only those organizations which have met such
| ||||||
17 | requirements, as well as the other requirements of this | ||||||
18 | Section, shall be
permitted to solicit State employees or | ||||||
19 | State annuitants for voluntary
contributions, and the | ||||||
20 | Comptroller shall discontinue withholding for any
such | ||||||
21 | organization which fails to meet these requirements, except | ||||||
22 | qualified organizations that received deduction pledges during | ||||||
23 | the 2004 solicitation period are deemed to be qualified for | ||||||
24 | the 2005 solicitation period.
| ||||||
25 | (c) "United Fund" means the organization conducting the | ||||||
26 | single, annual,
consolidated effort to secure funds for |
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| |||||||
1 | distribution to agencies engaged
in charitable and public | ||||||
2 | health, welfare and services purposes, which is
commonly known | ||||||
3 | as the United Fund, or the organization which serves in place
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4 | of the United Fund organization in communities where an | ||||||
5 | organization known
as the United Fund is not organized.
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6 | In order for a United Fund to participate in the State and | ||||||
7 | Universities
Employees Combined Appeal, it shall comply with | ||||||
8 | the provisions of paragraph (9)
of subsection (b).
| ||||||
9 | (d) "State and Universities Employees Combined Appeal",
| ||||||
10 | otherwise known as "SECA", means the State-directed joint | ||||||
11 | effort of all of the
qualified organizations, together with | ||||||
12 | the United Funds, for the solicitation
of voluntary | ||||||
13 | contributions from State and University employees and State
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14 | annuitants.
| ||||||
15 | (e) "Retirement system" means any or all of the following: | ||||||
16 | the General
Assembly Retirement System, the State Employees' | ||||||
17 | Retirement System of Illinois,
the State Universities | ||||||
18 | Retirement System, the Teachers' Retirement System of
the | ||||||
19 | State of Illinois, and the Judges Retirement System.
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20 | (f) "State annuitant" means a person receiving an annuity | ||||||
21 | or disability
benefit under Article 2, 14, 15, 16, or 18 of the | ||||||
22 | Illinois Pension Code.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15 .)
| ||||||
24 | (5 ILCS 340/5) (from Ch. 15, par. 505)
| ||||||
25 | Sec. 5. Rules; Advisory Committee. The State Comptroller |
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1 | shall
promulgate and issue reasonable rules and regulations as | ||||||
2 | deemed necessary for
the administration of this Act.
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3 | All However, all solicitations of State employees for | ||||||
4 | contributions at their
workplace and all solicitations of | ||||||
5 | State annuitants for contributions
shall be in accordance with | ||||||
6 | rules promulgated by the Comptroller Governor or his
or her | ||||||
7 | designee or other agency as may be designated by the | ||||||
8 | Comptroller Governor .
All solicitations of State annuitants | ||||||
9 | for contributions shall also be in
accordance with the rules | ||||||
10 | promulgated by the applicable retirement system.
| ||||||
11 | The rules promulgated by the Comptroller Governor or his | ||||||
12 | or her designee or other
agency as designated by the | ||||||
13 | Comptroller Governor shall include a Code of Campaign Conduct
| ||||||
14 | that all qualified organizations and United Funds shall | ||||||
15 | subscribe to in
writing, sanctions for violations of the Code | ||||||
16 | of Campaign Conduct,
provision for the handling of cash | ||||||
17 | contributions, provision for an Advisory
Committee, provisions | ||||||
18 | for the allocation of expenses among the participating
| ||||||
19 | organizations, an organizational plan and structure whereby | ||||||
20 | responsibilities
are set forth for the appropriate State | ||||||
21 | employees or State annuitants and
the participating | ||||||
22 | organizations, and any other matters that are necessary to
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23 | accomplish the purposes of this Act.
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24 | The Comptroller Governor or the Comptroller's Governor's | ||||||
25 | designee shall promulgate rules to establish
the composition | ||||||
26 | and the duties of the Advisory Committee. The Comptroller |
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| |||||||
1 | Governor or the Comptroller's
Governor's designee shall make | ||||||
2 | appointments to the Advisory Committee. The
powers of the | ||||||
3 | Advisory Committee shall include, at a minimum, the ability to
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4 | impose the sanctions authorized by rule. Each State agency and | ||||||
5 | each
retirement system shall file an annual report that sets
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6 | forth, for the prior calendar year, (i) the total amount of | ||||||
7 | money
contributed to each qualified organization and united | ||||||
8 | fund through both
payroll deductions and cash contributions, | ||||||
9 | (ii) the number of employees or
State annuitants who have | ||||||
10 | contributed to each qualified organization and
united fund, | ||||||
11 | and (iii) any other information required by the rules. The | ||||||
12 | report
shall not include the names of any contributing or | ||||||
13 | non-contributing employees
or State annuitants. The report | ||||||
14 | shall be filed with the
Advisory Committee no later than March | ||||||
15 | 15. The report shall be available for
inspection.
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16 | Other constitutional officers, retirement systems, the | ||||||
17 | University of
Illinois, Southern Illinois University, Chicago | ||||||
18 | State University, Eastern
Illinois University, Governors State | ||||||
19 | University, Illinois State University,
Northeastern Illinois | ||||||
20 | University, Northern Illinois University, and Western
Illinois | ||||||
21 | University shall be governed by the rules promulgated pursuant | ||||||
22 | to this
Section, unless such entities adopt their own rules | ||||||
23 | governing solicitation of
contributions at the workplace.
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24 | All rules promulgated pursuant to this Section shall not | ||||||
25 | discriminate
against one or more qualified organizations or | ||||||
26 | United Funds.
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1 | (Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
| ||||||
2 | (5 ILCS 340/7) (from Ch. 15, par. 507)
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3 | Sec. 7.
Notwithstanding any other provision of this Act, a
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4 | participating organization or a United Fund may be denied | ||||||
5 | participation in
SECA for willful failure to comply with the | ||||||
6 | provisions of paragraph (9) of
subsection (b) of Section 3 of | ||||||
7 | this Act. The agency designated by the Comptroller
Governor | ||||||
8 | under paragraph (9) of subsection (b) of Section 3 of this Act
| ||||||
9 | shall adopt rules
providing for procedures for review by the | ||||||
10 | agency of alleged violations of that
paragraph and appropriate | ||||||
11 | remedial sanctions for noncompliance. The rules
shall include | ||||||
12 | an appeal procedure for any affected participating | ||||||
13 | organization
or United Fund. The agency designated by the | ||||||
14 | Comptroller Governor shall notify the
Comptroller immediately | ||||||
15 | of any final decision to remove a qualified
organization or | ||||||
16 | United Fund from participation in SECA.
| ||||||
17 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
18 | Section 10. The State Comptroller Act is amended by | ||||||
19 | changing Sections 17 and 19.5 and by adding Section 28 as | ||||||
20 | follows:
| ||||||
21 | (15 ILCS 405/17) (from Ch. 15, par. 217)
| ||||||
22 | Sec. 17. Inventory control records. The comptroller shall | ||||||
23 | maintain current
inventory records of property held by or on |
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| |||||||
1 | behalf of the State or any
State agency, which may be copies of | ||||||
2 | the official inventory control records
maintained by State | ||||||
3 | agencies or summaries thereof. The Office of the Comptroller | ||||||
4 | shall define reporting requirements and thresholds to be used | ||||||
5 | by State agencies in the Comptroller's Statewide Accounting | ||||||
6 | Management System (SAMS) manual. The Department of Central
| ||||||
7 | Management Services and each other State agency so
holding | ||||||
8 | such property shall report to the comptroller, on forms | ||||||
9 | prescribed
by the comptroller, all property acquired or | ||||||
10 | disposed of by that agency,
in such detail and at such times as | ||||||
11 | the comptroller requires, by rule, to
maintain accurate,
| ||||||
12 | current inventory records. The Department of Central | ||||||
13 | Management
Services shall transmit to the comptroller a | ||||||
14 | certified copy of all reports
it may issue concerning State | ||||||
15 | property, including its annual report.
| ||||||
16 | (Source: P.A. 98-904, eff. 8-15-14.)
| ||||||
17 | (15 ILCS 405/19.5) | ||||||
18 | Sec. 19.5. Comprehensive Annual Financial Report (CAFR) ; | ||||||
19 | procedures and reporting. | ||||||
20 | (a) On or before October 31, 2012, and on or before each | ||||||
21 | October 31 thereafter, State agencies shall report to the | ||||||
22 | Comptroller all financial information deemed necessary by the | ||||||
23 | Comptroller to compile and publish a comprehensive annual | ||||||
24 | financial report using generally accepted accounting | ||||||
25 | principles for the fiscal year ending June 30 of that year. The |
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| |||||||
1 | Comptroller may require certain State agencies to submit the | ||||||
2 | required information before October 31 under a schedule | ||||||
3 | established by the Comptroller. If a State agency has | ||||||
4 | submitted no or insufficient financial information by October | ||||||
5 | 31, the Comptroller shall serve a written notice to each | ||||||
6 | respective State agency director or secretary about the | ||||||
7 | delinquency or inadequacy of the financial information. | ||||||
8 | (b) If the financial information required in subsection | ||||||
9 | (a) is submitted to the Comptroller on or before October 31, | ||||||
10 | the lapse period is not extended past August 31 for the given | ||||||
11 | fiscal year, and the Office of the Auditor General has | ||||||
12 | completed an audit of the comprehensive annual financial | ||||||
13 | report, then the Comptroller shall publish a comprehensive | ||||||
14 | annual financial report using generally accepted accounting | ||||||
15 | principles for the fiscal year ending June 30 of that year by | ||||||
16 | December 31. If the information as required by subsection (a) | ||||||
17 | is not provided to the Comptroller in time to publish the | ||||||
18 | report by December 31, then upon notice from the Comptroller | ||||||
19 | of the delay, each respective State agency director or | ||||||
20 | secretary shall report his or her State agency's delinquency | ||||||
21 | and provide an action plan to bring his or her State agency | ||||||
22 | into compliance to the Comptroller, the Auditor General, the | ||||||
23 | Office of the Governor, the Speaker and Minority Leader of the | ||||||
24 | House of Representatives, and the President and Minority | ||||||
25 | Leader of the Senate. Upon receiving that report from a State | ||||||
26 | agency director or secretary, the Comptroller shall post that |
| |||||||
| |||||||
1 | report with the action plan on his or her official website. | ||||||
2 | (c) If a comprehensive annual financial report using | ||||||
3 | generally accepted accounting principles cannot be published | ||||||
4 | by December 31 due to insufficient or inadequate reporting to | ||||||
5 | the Comptroller, the lapse period is extended past August 31 | ||||||
6 | for the given fiscal year, or the Office of the Auditor General | ||||||
7 | has not completed an audit of the comprehensive annual | ||||||
8 | financial report, then the Comptroller may issue interim | ||||||
9 | reports containing financial information made available by | ||||||
10 | reporting State agencies until an audit opinion is issued by | ||||||
11 | the Auditor General on the comprehensive annual financial | ||||||
12 | report.
| ||||||
13 | (Source: P.A. 97-408, eff. 8-16-11; 98-240, eff. 8-9-13.)
| ||||||
14 | (15 ILCS 405/28 new) | ||||||
15 | Sec. 28. Comptroller recess appointments. If, during a | ||||||
16 | recess of the Senate, there is a
vacancy in an office filled by | ||||||
17 | appointment by the Comptroller by
and with the advice and | ||||||
18 | consent of the Senate, the Comptroller
shall make a temporary | ||||||
19 | appointment until the next meeting of
the Senate, when he or | ||||||
20 | she shall make a nomination to fill such
office. Any | ||||||
21 | nomination not acted upon by the Senate within 60 session
days | ||||||
22 | after the receipt thereof shall be deemed to have
received the | ||||||
23 | advice and consent of the Senate. No person rejected by the | ||||||
24 | Senate for an office
shall, except at the Senate's request, be | ||||||
25 | nominated again for
that office at the same session or be |
| |||||||
| |||||||
1 | appointed to that
office during a recess of that Senate.
| ||||||
2 | Section 15. The Personnel Code is amended by changing | ||||||
3 | Section 4c as follows:
| ||||||
4 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
5 | Sec. 4c. General exemptions. The following positions in | ||||||
6 | State
service shall be exempt from jurisdictions A, B, and C, | ||||||
7 | unless the
jurisdictions shall be extended as provided in this | ||||||
8 | Act:
| ||||||
9 | (1) All officers elected by the people.
| ||||||
10 | (2) All positions under the Lieutenant Governor, | ||||||
11 | Secretary of State,
State Treasurer, State Comptroller, | ||||||
12 | State Board of Education, Clerk of
the Supreme Court,
| ||||||
13 | Attorney General, and State Board of Elections.
| ||||||
14 | (3) Judges, and officers and employees of the courts, | ||||||
15 | and notaries
public.
| ||||||
16 | (4) All officers and employees of the Illinois General | ||||||
17 | Assembly, all
employees of legislative commissions, all | ||||||
18 | officers and employees of the
Illinois Legislative | ||||||
19 | Reference Bureau and the Legislative Printing Unit.
| ||||||
20 | (5) All positions in the Illinois National Guard and | ||||||
21 | Illinois State
Guard, paid from federal funds or positions
| ||||||
22 | in the State Military Service filled by enlistment and | ||||||
23 | paid from State
funds.
| ||||||
24 | (6) All employees of the Governor at the executive |
| |||||||
| |||||||
1 | mansion and on
his immediate personal staff.
| ||||||
2 | (7) Directors of Departments, the Adjutant General, | ||||||
3 | the Assistant
Adjutant General, the Director of the | ||||||
4 | Illinois Emergency
Management Agency, members of boards | ||||||
5 | and commissions, and all other
positions appointed by the | ||||||
6 | Governor by and with the consent of the
Senate.
| ||||||
7 | (8) The presidents, other principal administrative | ||||||
8 | officers, and
teaching, research and extension faculties | ||||||
9 | of
Chicago State University, Eastern Illinois University, | ||||||
10 | Governors State
University, Illinois State University, | ||||||
11 | Northeastern Illinois University,
Northern Illinois | ||||||
12 | University, Western Illinois University, the Illinois
| ||||||
13 | Community College Board, Southern Illinois
University, | ||||||
14 | Illinois Board of Higher Education, University of
| ||||||
15 | Illinois, State Universities Civil Service System, | ||||||
16 | University Retirement
System of Illinois, and the | ||||||
17 | administrative officers and scientific and
technical staff | ||||||
18 | of the Illinois State Museum.
| ||||||
19 | (9) All other employees except the presidents, other | ||||||
20 | principal
administrative officers, and teaching, research | ||||||
21 | and extension faculties
of the universities under the | ||||||
22 | jurisdiction of the Board of Regents and
the colleges and | ||||||
23 | universities under the jurisdiction of the Board of
| ||||||
24 | Governors of State Colleges and Universities, Illinois | ||||||
25 | Community College
Board, Southern Illinois University, | ||||||
26 | Illinois Board of Higher Education,
Board of Governors of |
| |||||||
| |||||||
1 | State Colleges and Universities, the Board of
Regents, | ||||||
2 | University of Illinois, State Universities Civil Service
| ||||||
3 | System, University Retirement System of Illinois, so long | ||||||
4 | as these are
subject to the provisions of the State | ||||||
5 | Universities Civil Service Act.
| ||||||
6 | (10) The State Police so long as they are subject to | ||||||
7 | the merit
provisions of the State Police Act.
| ||||||
8 | (11) (Blank).
| ||||||
9 | (12) The technical and engineering staffs of the | ||||||
10 | Department of
Transportation, the Department of Nuclear | ||||||
11 | Safety, the Pollution Control
Board, and the Illinois | ||||||
12 | Commerce Commission, and the technical and engineering
| ||||||
13 | staff providing architectural and engineering services in | ||||||
14 | the Department of
Central Management Services.
| ||||||
15 | (13) All employees of the Illinois State Toll Highway | ||||||
16 | Authority.
| ||||||
17 | (14) The Secretary of the Illinois Workers' | ||||||
18 | Compensation Commission.
| ||||||
19 | (15) All persons who are appointed or employed by the | ||||||
20 | Director of
Insurance under authority of Section 202 of | ||||||
21 | the Illinois Insurance Code
to assist the Director of | ||||||
22 | Insurance in discharging his responsibilities
relating to | ||||||
23 | the rehabilitation, liquidation, conservation, and
| ||||||
24 | dissolution of companies that are subject to the | ||||||
25 | jurisdiction of the
Illinois Insurance Code.
| ||||||
26 | (16) All employees of the St. Louis Metropolitan Area |
| |||||||
| |||||||
1 | Airport
Authority.
| ||||||
2 | (17) All investment officers employed by the Illinois | ||||||
3 | State Board of
Investment.
| ||||||
4 | (18) Employees of the Illinois Young Adult | ||||||
5 | Conservation Corps program,
administered by the Illinois | ||||||
6 | Department of Natural Resources, authorized
grantee under | ||||||
7 | Title VIII of the Comprehensive
Employment and Training | ||||||
8 | Act of 1973, 29 USC 993.
| ||||||
9 | (19) Seasonal employees of the Department of | ||||||
10 | Agriculture for the
operation of the Illinois State Fair | ||||||
11 | and the DuQuoin State Fair, no one
person receiving more | ||||||
12 | than 29 days of such employment in any calendar year.
| ||||||
13 | (20) All "temporary" employees hired under the | ||||||
14 | Department of Natural
Resources' Illinois Conservation | ||||||
15 | Service, a youth
employment program that hires young | ||||||
16 | people to work in State parks for a period
of one year or | ||||||
17 | less.
| ||||||
18 | (21) All hearing officers of the Human Rights | ||||||
19 | Commission.
| ||||||
20 | (22) All employees of the Illinois Mathematics and | ||||||
21 | Science Academy.
| ||||||
22 | (23) All employees of the Kankakee River Valley Area
| ||||||
23 | Airport Authority.
| ||||||
24 | (24) The commissioners and employees of the Executive | ||||||
25 | Ethics
Commission.
| ||||||
26 | (25) The Executive Inspectors General, including |
| |||||||
| |||||||
1 | special Executive
Inspectors General, and employees of | ||||||
2 | each Office of an
Executive Inspector General.
| ||||||
3 | (26) The commissioners and employees of the | ||||||
4 | Legislative Ethics
Commission.
| ||||||
5 | (27) The Legislative Inspector General, including | ||||||
6 | special Legislative
Inspectors General, and employees of | ||||||
7 | the Office of
the Legislative Inspector General.
| ||||||
8 | (28) The Auditor General's Inspector General and | ||||||
9 | employees of the Office
of the Auditor General's Inspector | ||||||
10 | General.
| ||||||
11 | (29) All employees of the Illinois Power Agency. | ||||||
12 | (30) Employees having demonstrable, defined advanced | ||||||
13 | skills in accounting, financial reporting, or technical | ||||||
14 | expertise who are employed within executive branch | ||||||
15 | agencies and whose duties are directly related to the | ||||||
16 | submission to the Office of the Comptroller of financial | ||||||
17 | information for the publication of the Comprehensive | ||||||
18 | Annual Financial Report (CAFR) . | ||||||
19 | (31) All employees of the Illinois Sentencing Policy | ||||||
20 | Advisory Council. | ||||||
21 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
22 | Section 20. The State Finance Act is amended by changing | ||||||
23 | Section 25 as follows:
| ||||||
24 | (30 ILCS 105/25) (from Ch. 127, par. 161)
|
| |||||||
| |||||||
1 | Sec. 25. Fiscal year limitations.
| ||||||
2 | (a) All appropriations shall be
available for expenditure | ||||||
3 | for the fiscal year or for a lesser period if the
Act making | ||||||
4 | that appropriation so specifies. A deficiency or emergency
| ||||||
5 | appropriation shall be available for expenditure only through | ||||||
6 | June 30 of
the year when the Act making that appropriation is | ||||||
7 | enacted unless that Act
otherwise provides.
| ||||||
8 | (b) Outstanding liabilities as of June 30, payable from | ||||||
9 | appropriations
which have otherwise expired, may be paid out | ||||||
10 | of the expiring
appropriations during the 2-month period | ||||||
11 | ending at the
close of business on August 31. Extensions of | ||||||
12 | lapse period may be made for individual agencies or funds only | ||||||
13 | upon the signed authorization of the Governor and Comptroller, | ||||||
14 | and shall not be extended by more than an additional 30 days. | ||||||
15 | Any service involving
professional or artistic skills or any | ||||||
16 | personal services by an employee whose
compensation is subject | ||||||
17 | to income tax withholding must be performed as of June
30 of | ||||||
18 | the fiscal year in order to be considered an "outstanding | ||||||
19 | liability as of
June 30" that is thereby eligible for payment | ||||||
20 | out of the expiring
appropriation.
| ||||||
21 | (b-1) However, payment of tuition reimbursement claims | ||||||
22 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
23 | the State Board of Education from its
appropriations for those | ||||||
24 | respective purposes for any fiscal year, even though
the | ||||||
25 | claims reimbursed by the payment may be claims attributable to | ||||||
26 | a prior
fiscal year, and payments may be made at the direction |
| |||||||
| |||||||
1 | of the State
Superintendent of Education from the fund from | ||||||
2 | which the appropriation is made
without regard to any fiscal | ||||||
3 | year limitations, except as required by subsection (j) of this | ||||||
4 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
5 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
6 | School Code as of June 30, payable from appropriations that | ||||||
7 | have otherwise expired, may be paid out of the expiring | ||||||
8 | appropriation during the 4-month period ending at the close of | ||||||
9 | business on October 31.
| ||||||
10 | (b-2) (Blank). | ||||||
11 | (b-2.5) (Blank). | ||||||
12 | (b-2.6) (Blank). | ||||||
13 | (b-2.6a) (Blank). | ||||||
14 | (b-2.6b) (Blank). | ||||||
15 | (b-2.6c) (Blank). | ||||||
16 | (b-2.6d) All outstanding liabilities as of June 30, 2020, | ||||||
17 | payable from appropriations that would otherwise expire at the | ||||||
18 | conclusion of the lapse period for fiscal year 2020, and | ||||||
19 | interest penalties payable on those liabilities under the | ||||||
20 | State Prompt Payment Act, may be paid out of the expiring | ||||||
21 | appropriations until December 31, 2020, without regard to the | ||||||
22 | fiscal year in which the payment is made, as long as vouchers | ||||||
23 | for the liabilities are received by the Comptroller no later | ||||||
24 | than September 30, 2020. | ||||||
25 | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, | ||||||
26 | 2020, and 2021, interest penalties payable under the State |
| |||||||
| |||||||
1 | Prompt Payment Act associated with a voucher for which payment | ||||||
2 | is issued after June 30 may be paid out of the next fiscal | ||||||
3 | year's appropriation. The future year appropriation must be | ||||||
4 | for the same purpose and from the same fund as the original | ||||||
5 | payment. An interest penalty voucher submitted against a | ||||||
6 | future year appropriation must be submitted within 60 days | ||||||
7 | after the issuance of the associated voucher, except that, for | ||||||
8 | fiscal year 2018 only, an interest penalty voucher submitted | ||||||
9 | against a future year appropriation must be submitted within | ||||||
10 | 60 days of June 5, 2019 (the effective date of Public Act | ||||||
11 | 101-10). The Comptroller must issue the interest payment | ||||||
12 | within 60 days after acceptance of the interest voucher. | ||||||
13 | (b-3) Medical payments may be made by the Department of | ||||||
14 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
15 | for any fiscal year, without regard to the
fact that the | ||||||
16 | medical services being compensated for by such payment may | ||||||
17 | have
been rendered in a prior fiscal year, except as required | ||||||
18 | by subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
19 | medical payments payable from appropriations that have | ||||||
20 | otherwise expired may be paid out of the expiring | ||||||
21 | appropriation during the 4-month period ending at the close of | ||||||
22 | business on October 31.
| ||||||
23 | (b-4) Medical payments and child care
payments may be made | ||||||
24 | by the Department of
Human Services (as successor to the | ||||||
25 | Department of Public Aid) from
appropriations for those | ||||||
26 | purposes for any fiscal year,
without regard to the fact that |
| |||||||
| |||||||
1 | the medical or child care services being
compensated for by | ||||||
2 | such payment may have been rendered in a prior fiscal
year; and | ||||||
3 | payments may be made at the direction of the Department of
| ||||||
4 | Healthcare and Family Services (or successor agency) from the | ||||||
5 | Health Insurance Reserve Fund without regard to any fiscal
| ||||||
6 | year limitations, except as required by subsection (j) of this | ||||||
7 | Section. Beginning on June 30, 2021, medical and child care | ||||||
8 | payments made by the Department of Human Services and payments | ||||||
9 | made at the discretion of the Department of Healthcare and | ||||||
10 | Family Services (or successor agency) from the Health | ||||||
11 | Insurance Reserve Fund and payable from appropriations that | ||||||
12 | have otherwise expired may be paid out of the expiring | ||||||
13 | appropriation during the 4-month period ending at the close of | ||||||
14 | business on October 31.
| ||||||
15 | (b-5) Medical payments may be made by the Department of | ||||||
16 | Human Services from its appropriations relating to substance | ||||||
17 | abuse treatment services for any fiscal year, without regard | ||||||
18 | to the fact that the medical services being compensated for by | ||||||
19 | such payment may have been rendered in a prior fiscal year, | ||||||
20 | provided the payments are made on a fee-for-service basis | ||||||
21 | consistent with requirements established for Medicaid | ||||||
22 | reimbursement by the Department of Healthcare and Family | ||||||
23 | Services, except as required by subsection (j) of this | ||||||
24 | Section. Beginning on June 30, 2021, medical payments made by | ||||||
25 | the Department of Human Services relating to substance abuse | ||||||
26 | treatment services payable from appropriations that have |
| |||||||
| |||||||
1 | otherwise expired may be paid out of the expiring | ||||||
2 | appropriation during the 4-month period ending at the close of | ||||||
3 | business on October 31. | ||||||
4 | (b-6) (Blank).
| ||||||
5 | (b-7) Payments may be made in accordance with a plan | ||||||
6 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
7 | Department of Central Management Services Law from | ||||||
8 | appropriations for those payments without regard to fiscal | ||||||
9 | year limitations. | ||||||
10 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
11 | construction or upgrading of Automated Weather Observation | ||||||
12 | Systems may be made by the Department of Transportation from | ||||||
13 | appropriations for those purposes for any fiscal year, without | ||||||
14 | regard to the fact that the qualification or obligation may | ||||||
15 | have occurred in a prior fiscal year, provided that at the time | ||||||
16 | the expenditure was made the project had been approved by the | ||||||
17 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
18 | result of recent changes in federal funding formulas, can no | ||||||
19 | longer receive federal reimbursement. | ||||||
20 | (b-9) (Blank). | ||||||
21 | (c) Further, payments may be made by the Department of | ||||||
22 | Public Health and the
Department of Human Services (acting as | ||||||
23 | successor to the Department of Public
Health under the | ||||||
24 | Department of Human Services Act)
from their respective | ||||||
25 | appropriations for grants for medical care to or on
behalf of | ||||||
26 | premature and high-mortality risk infants and their mothers |
| |||||||
| |||||||
1 | and
for grants for supplemental food supplies provided under | ||||||
2 | the United States
Department of Agriculture Women, Infants and | ||||||
3 | Children Nutrition Program,
for any fiscal year without regard | ||||||
4 | to the fact that the services being
compensated for by such | ||||||
5 | payment may have been rendered in a prior fiscal year, except | ||||||
6 | as required by subsection (j) of this Section. Beginning on | ||||||
7 | June 30, 2021, payments made by the Department of Public | ||||||
8 | Health and the Department of Human Services from their | ||||||
9 | respective appropriations for grants for medical care to or on | ||||||
10 | behalf of premature and high-mortality risk infants and their | ||||||
11 | mothers and for grants for supplemental food supplies provided | ||||||
12 | under the United States Department of Agriculture Women, | ||||||
13 | Infants and Children Nutrition Program payable from | ||||||
14 | appropriations that have otherwise expired may be paid out of | ||||||
15 | the expiring appropriations during the 4-month period ending | ||||||
16 | at the close of business on October 31.
| ||||||
17 | (d) The Department of Public Health and the Department of | ||||||
18 | 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, House | ||||||
22 | Minority Leader, and the
respective Chairmen and Minority | ||||||
23 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
24 | the House, on or before
December 31, a report of fiscal year | ||||||
25 | funds used to pay for services
provided in any prior fiscal | ||||||
26 | year. This report shall document by program or
service |
| |||||||
| |||||||
1 | category those expenditures from the most recently completed | ||||||
2 | fiscal
year used to pay for services provided in prior fiscal | ||||||
3 | years.
| ||||||
4 | (e) The Department of Healthcare and Family Services, the | ||||||
5 | Department of Human Services
(acting as successor to the | ||||||
6 | Department of Public Aid), and the Department of Human | ||||||
7 | Services making fee-for-service payments relating to substance | ||||||
8 | abuse treatment services provided during a previous fiscal | ||||||
9 | year shall each annually
submit to the State
Comptroller, | ||||||
10 | Senate President, Senate Minority Leader, Speaker of the | ||||||
11 | House,
House Minority Leader, the respective Chairmen and | ||||||
12 | Minority Spokesmen of the
Appropriations Committees of the | ||||||
13 | Senate and the House, on or before November
30, a report that | ||||||
14 | shall document by program or service category those
| ||||||
15 | expenditures from the most recently completed fiscal year used | ||||||
16 | to pay for (i)
services provided in prior fiscal years and (ii) | ||||||
17 | services for which claims were
received in prior fiscal years.
| ||||||
18 | (f) The Department of Human Services (as successor to the | ||||||
19 | Department of
Public Aid) shall annually submit to the State
| ||||||
20 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
21 | of the House,
House Minority Leader, and the respective | ||||||
22 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
23 | Committees of the Senate and the House, on or before
December | ||||||
24 | 31, a report
of fiscal year funds used to pay for services | ||||||
25 | (other than medical care)
provided in any prior fiscal year. | ||||||
26 | This report shall document by program or
service category |
| |||||||
| |||||||
1 | those expenditures from the most recently completed fiscal
| ||||||
2 | year used to pay for services provided in prior fiscal years.
| ||||||
3 | (g) In addition, each annual report required to be | ||||||
4 | submitted by the
Department of Healthcare and Family Services | ||||||
5 | under subsection (e) shall include the following
information | ||||||
6 | with respect to the State's Medicaid program:
| ||||||
7 | (1) Explanations of the exact causes of the variance | ||||||
8 | between the previous
year's estimated and actual | ||||||
9 | liabilities.
| ||||||
10 | (2) Factors affecting the Department of Healthcare and | ||||||
11 | Family Services' liabilities,
including, but not limited | ||||||
12 | to, numbers of aid recipients, levels of medical
service | ||||||
13 | utilization by aid recipients, and inflation in the cost | ||||||
14 | of medical
services.
| ||||||
15 | (3) The results of the Department's efforts to combat | ||||||
16 | fraud and abuse.
| ||||||
17 | (h) As provided in Section 4 of the General Assembly | ||||||
18 | Compensation Act,
any utility bill for service provided to a | ||||||
19 | General Assembly
member's district office for a period | ||||||
20 | including portions of 2 consecutive
fiscal years may be paid | ||||||
21 | from funds appropriated for such expenditure in
either fiscal | ||||||
22 | year.
| ||||||
23 | (i) An agency which administers a fund classified by the | ||||||
24 | Comptroller as an
internal service fund may issue rules for:
| ||||||
25 | (1) billing user agencies in advance for payments or | ||||||
26 | authorized inter-fund transfers
based on estimated charges |
| |||||||
| |||||||
1 | for goods or services;
| ||||||
2 | (2) issuing credits, refunding through inter-fund | ||||||
3 | transfers, or reducing future inter-fund transfers
during
| ||||||
4 | the subsequent fiscal year for all user agency payments or | ||||||
5 | authorized inter-fund transfers received during the
prior | ||||||
6 | fiscal year which were in excess of the final amounts owed | ||||||
7 | by the user
agency for that period; and
| ||||||
8 | (3) issuing catch-up billings to user agencies
during | ||||||
9 | the subsequent fiscal year for amounts remaining due when | ||||||
10 | payments or authorized inter-fund transfers
received from | ||||||
11 | the user agency during the prior fiscal year were less | ||||||
12 | than the
total amount owed for that period.
| ||||||
13 | User agencies are authorized to reimburse internal service | ||||||
14 | funds for catch-up
billings by vouchers drawn against their | ||||||
15 | respective appropriations for the
fiscal year in which the | ||||||
16 | catch-up billing was issued or by increasing an authorized | ||||||
17 | inter-fund transfer during the current fiscal year. For the | ||||||
18 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
19 | without the use of the voucher-warrant process, as authorized | ||||||
20 | by Section 9.01 of the State Comptroller Act.
| ||||||
21 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
22 | liabilities, not payable during the 4-month lapse period as | ||||||
23 | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) | ||||||
24 | of this Section, that are made from appropriations for that | ||||||
25 | purpose for any fiscal year, without regard to the fact that | ||||||
26 | the services being compensated for by those payments may have |
| |||||||
| |||||||
1 | been rendered in a prior fiscal year, are limited to only those | ||||||
2 | claims that have been incurred but for which a proper bill or | ||||||
3 | invoice as defined by the State Prompt Payment Act has not been | ||||||
4 | received by September 30th following the end of the fiscal | ||||||
5 | year in which the service was rendered. | ||||||
6 | (j) Notwithstanding any other provision of this Act, the | ||||||
7 | aggregate amount of payments to be made without regard for | ||||||
8 | fiscal year limitations as contained in subsections (b-1), | ||||||
9 | (b-3), (b-4), (b-5), and (c) of this Section, and determined | ||||||
10 | by using Generally Accepted Accounting Principles, shall not | ||||||
11 | exceed the following amounts: | ||||||
12 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
13 | to fiscal year 2012; | ||||||
14 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
15 | to fiscal year 2013; | ||||||
16 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
17 | to fiscal year 2014; | ||||||
18 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
19 | to fiscal year 2015; | ||||||
20 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
21 | to fiscal year 2016; | ||||||
22 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
23 | to fiscal year 2017; | ||||||
24 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
25 | to fiscal year 2018; | ||||||
26 | (8) $1,300,000,000 for outstanding liabilities related |
| |||||||
| |||||||
1 | to fiscal year 2019; | ||||||
2 | (9) $600,000,000 for outstanding liabilities related | ||||||
3 | to fiscal year 2020; and | ||||||
4 | (10) $0 for outstanding liabilities related to fiscal | ||||||
5 | year 2021 and fiscal years thereafter. | ||||||
6 | (k) Department of Healthcare and Family Services Medical | ||||||
7 | Assistance Payments. | ||||||
8 | (1) Definition of Medical Assistance. | ||||||
9 | For purposes of this subsection, the term "Medical | ||||||
10 | Assistance" shall include, but not necessarily be | ||||||
11 | limited to, medical programs and services authorized | ||||||
12 | under Titles XIX and XXI of the Social Security Act, | ||||||
13 | the Illinois Public Aid Code, the Children's Health | ||||||
14 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
15 | Insurance Act, the Long Term Acute Care Hospital | ||||||
16 | Quality Improvement Transfer Program Act, and medical | ||||||
17 | care to or on behalf of persons suffering from chronic | ||||||
18 | renal disease, persons suffering from hemophilia, and | ||||||
19 | victims of sexual assault. | ||||||
20 | (2) Limitations on Medical Assistance payments that | ||||||
21 | may be paid from future fiscal year appropriations. | ||||||
22 | (A) The maximum amounts of annual unpaid Medical | ||||||
23 | Assistance bills received and recorded by the | ||||||
24 | Department of Healthcare and Family Services on or | ||||||
25 | before June 30th of a particular fiscal year | ||||||
26 | attributable in aggregate to the General Revenue Fund, |
| |||||||
| |||||||
1 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
2 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
3 | Drug Rebate Fund that may be paid in total by the | ||||||
4 | Department from future fiscal year Medical Assistance | ||||||
5 | appropriations to those funds are:
$700,000,000 for | ||||||
6 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
7 | and each fiscal year thereafter. | ||||||
8 | (B) Bills for Medical Assistance services rendered | ||||||
9 | in a particular fiscal year, but received and recorded | ||||||
10 | by the Department of Healthcare and Family Services | ||||||
11 | after June 30th of that fiscal year, may be paid from | ||||||
12 | either appropriations for that fiscal year or future | ||||||
13 | fiscal year appropriations for Medical Assistance. | ||||||
14 | Such payments shall not be subject to the requirements | ||||||
15 | of subparagraph (A). | ||||||
16 | (C) Medical Assistance bills received by the | ||||||
17 | Department of Healthcare and Family Services in a | ||||||
18 | particular fiscal year, but subject to payment amount | ||||||
19 | adjustments in a future fiscal year may be paid from a | ||||||
20 | future fiscal year's appropriation for Medical | ||||||
21 | Assistance. Such payments shall not be subject to the | ||||||
22 | requirements of subparagraph (A). | ||||||
23 | (D) Medical Assistance payments made by the | ||||||
24 | Department of Healthcare and Family Services from | ||||||
25 | funds other than those specifically referenced in | ||||||
26 | subparagraph (A) may be made from appropriations for |
| |||||||
| |||||||
1 | those purposes for any fiscal year without regard to | ||||||
2 | the fact that the Medical Assistance services being | ||||||
3 | compensated for by such payment may have been rendered | ||||||
4 | in a prior fiscal year. Such payments shall not be | ||||||
5 | subject to the requirements of subparagraph (A). | ||||||
6 | (3) Extended lapse period for Department of Healthcare | ||||||
7 | and Family Services Medical Assistance payments. | ||||||
8 | Notwithstanding any other State law to the contrary, | ||||||
9 | outstanding Department of Healthcare and Family Services | ||||||
10 | Medical Assistance liabilities, as of June 30th, payable | ||||||
11 | from appropriations which have otherwise expired, may be | ||||||
12 | paid out of the expiring appropriations during the 4-month | ||||||
13 | 6-month period ending at the close of business on October | ||||||
14 | December 31st. Extensions of Healthcare and Family | ||||||
15 | Services Medical Assistance payments lapse period may be | ||||||
16 | made upon the signed authorization of the Governor and | ||||||
17 | Comptroller, and shall not be extended by more than an | ||||||
18 | additional 30 days. | ||||||
19 | (l) The changes to this Section made by Public Act 97-691 | ||||||
20 | shall be effective for payment of Medical Assistance bills | ||||||
21 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
22 | changes to this Section made by Public Act 97-691 shall not be | ||||||
23 | applied to Medical Assistance bills incurred in fiscal year | ||||||
24 | 2012 or prior fiscal years. | ||||||
25 | (m) The Comptroller must issue payments against | ||||||
26 | outstanding liabilities that were received prior to the lapse |
| |||||||
| |||||||
1 | period deadlines set forth in this Section as soon thereafter | ||||||
2 | as practical, but no payment may be issued after the 4 months | ||||||
3 | following the lapse period deadline without the signed | ||||||
4 | authorization of the Comptroller and the Governor. | ||||||
5 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | ||||||
6 | 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff. | ||||||
7 | 6-10-20.)
| ||||||
8 | (30 ILCS 105/11.5 rep.)
| ||||||
9 | Section 25. The State Finance Act is amended by repealing | ||||||
10 | Section 11.5.
| ||||||
11 | Section 30. The Illinois Procurement Code is amended by | ||||||
12 | changing Section 20-80 as follows:
| ||||||
13 | (30 ILCS 500/20-80)
| ||||||
14 | Sec. 20-80. Contract files.
| ||||||
15 | (a) Written determinations. All written determinations
| ||||||
16 | required under this Article shall
be placed in the contract | ||||||
17 | file maintained by the chief procurement officer.
| ||||||
18 | (b) Filing with Comptroller. Whenever a grant, defined | ||||||
19 | pursuant to
accounting standards established by the | ||||||
20 | Comptroller, or a contract
liability,
except for:
(1) | ||||||
21 | contracts paid
from personal services, or
(2) contracts | ||||||
22 | between the State and its
employees to defer
compensation in | ||||||
23 | accordance with Article 24 of the Illinois Pension Code, or |
| |||||||
| |||||||
1 | (3) contracts that do not obligate funds held within the State | ||||||
2 | treasury for fiscal year 2022 and thereafter,
exceeding | ||||||
3 | $20,000 is incurred by any
State agency, a copy of the | ||||||
4 | contract, purchase order, grant, or
lease shall be filed with | ||||||
5 | the
Comptroller within 30 calendar days thereafter. Beginning | ||||||
6 | in fiscal year 2022, information pertaining to contracts | ||||||
7 | exceeding $20,000 that do not obligate funds held within the | ||||||
8 | State treasury shall be submitted in a quarterly report to the | ||||||
9 | Comptroller in a form and manner prescribed by the | ||||||
10 | Comptroller. The Comptroller shall make the quarterly report | ||||||
11 | available on his or her website. Beginning January 1, 2013, | ||||||
12 | the Comptroller may require that contracts and grants required | ||||||
13 | to be filed with the Comptroller under this Section shall be | ||||||
14 | filed electronically, unless the agency is incapable of filing | ||||||
15 | the contract or grant electronically because it does not | ||||||
16 | possess the necessary technology or equipment. Any State | ||||||
17 | agency that is incapable of electronically filing its | ||||||
18 | contracts or grants shall submit a written statement to the | ||||||
19 | Governor and to the Comptroller attesting to the reasons for | ||||||
20 | its inability to comply. This statement shall include a | ||||||
21 | discussion of what the State agency needs in order to | ||||||
22 | effectively comply with this Section. Prior to requiring | ||||||
23 | electronic filing, the Comptroller shall consult with the | ||||||
24 | Governor as to the feasibility of establishing mutually | ||||||
25 | agreeable technical standards for the electronic document | ||||||
26 | imaging, storage, and transfer of contracts and grants, taking |
| |||||||
| |||||||
1 | into consideration the technology available to that agency, | ||||||
2 | best practices, and the technological capabilities of State | ||||||
3 | agencies. Nothing in this amendatory Act of the 97th General | ||||||
4 | Assembly shall be construed to impede the implementation of an | ||||||
5 | Enterprise Resource Planning (ERP) system. For each State | ||||||
6 | contract for supplies or services awarded on or after July 1, | ||||||
7 | 2010, the contracting agency shall provide the applicable rate | ||||||
8 | and unit of measurement of the supplies or services on the | ||||||
9 | contract obligation document as required by the Comptroller. | ||||||
10 | If the contract obligation document that is submitted to the | ||||||
11 | Comptroller contains the rate and unit of measurement of the | ||||||
12 | supplies or services, the Comptroller shall provide that | ||||||
13 | information on his or her official website. Any cancellation | ||||||
14 | or
modification to any such contract
liability shall be filed | ||||||
15 | with the Comptroller within 30 calendar days of
its execution.
| ||||||
16 | (c) Late filing affidavit. When a contract, purchase | ||||||
17 | order, grant,
or lease required to be
filed by this Section has | ||||||
18 | not been filed within 30 calendar days of
execution, the | ||||||
19 | Comptroller shall refuse
to issue a warrant for payment | ||||||
20 | thereunder until the agency files
with the Comptroller the
| ||||||
21 | contract, purchase order, grant, or lease and an affidavit, | ||||||
22 | signed by the
chief executive officer of the
agency or his or | ||||||
23 | her designee, setting forth an explanation of why
the contract | ||||||
24 | liability was not
filed within 30 calendar days of execution. | ||||||
25 | A copy of this affidavit shall
be filed with the Auditor
| ||||||
26 | General.
|
| |||||||
| |||||||
1 | (d) Timely execution of contracts. Except as set forth in | ||||||
2 | subsection (b) of this Section, no
voucher shall be submitted | ||||||
3 | to the
Comptroller for a warrant to be drawn for the payment of | ||||||
4 | money
from the State treasury or from
other funds held by the | ||||||
5 | State Treasurer on account of any contract unless the
contract | ||||||
6 | is reduced to writing
before the services are performed and | ||||||
7 | filed with the Comptroller. Contractors shall not be paid for | ||||||
8 | any supplies that were received or services that were rendered | ||||||
9 | before the contract was reduced to writing and signed by all | ||||||
10 | necessary parties. A chief procurement officer may request an | ||||||
11 | exception to this subsection by submitting a written statement | ||||||
12 | to the Comptroller and Treasurer setting forth the | ||||||
13 | circumstances and reasons why the contract could not be | ||||||
14 | reduced to writing before the supplies were received or | ||||||
15 | services were performed. A waiver of this subsection must be | ||||||
16 | approved by the Comptroller and Treasurer. This Section shall | ||||||
17 | not apply to emergency purchases if notice of the emergency | ||||||
18 | purchase is filed with the Procurement Policy Board and | ||||||
19 | published in the Bulletin as required by this Code.
| ||||||
20 | (e) Method of source selection. When a contract is filed
| ||||||
21 | with the Comptroller under this
Section, the Comptroller's | ||||||
22 | file shall identify the method of
source selection used in | ||||||
23 | obtaining the
contract.
| ||||||
24 | (Source: P.A. 100-43, eff. 8-9-17.)
| ||||||
25 | Section 35. The State Prompt Payment Act is amended by |
| |||||||
| |||||||
1 | changing Sections 8 and 9 as follows:
| ||||||
2 | (30 ILCS 540/8) | ||||||
3 | Sec. 8. Vendor Payment Program. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Applicant" means any entity seeking to be designated | ||||||
6 | as a qualified purchaser. | ||||||
7 | "Application period" means the time period when the | ||||||
8 | Program is accepting applications as determined by the | ||||||
9 | Department of Central Management Services. | ||||||
10 | "Assigned penalties" means penalties payable by the | ||||||
11 | State in accordance with this Act that are assigned to the | ||||||
12 | qualified purchaser of an assigned receivable. | ||||||
13 | "Assigned receivable" means the base invoice amount of | ||||||
14 | a qualified account receivable and any associated assigned | ||||||
15 | penalties due, currently and in the future, in accordance | ||||||
16 | with this Act. | ||||||
17 | "Assignment agreement" means an agreement executed and | ||||||
18 | delivered by a participating vendor and a qualified | ||||||
19 | purchaser, in which the participating vendor will assign | ||||||
20 | one or more qualified accounts receivable to the qualified | ||||||
21 | purchaser and make certain representations and warranties | ||||||
22 | in respect thereof. | ||||||
23 | "Base invoice amount" means the unpaid principal | ||||||
24 | amount of the invoice associated with an assigned | ||||||
25 | receivable. |
| |||||||
| |||||||
1 | "Department" means the Department of Central | ||||||
2 | Management Services. | ||||||
3 | "Medical assistance program" means any program which | ||||||
4 | provides medical assistance under Article V of the | ||||||
5 | Illinois Public Aid Code, including Medicaid. | ||||||
6 | "Participating vendor" means a vendor whose | ||||||
7 | application for the sale of a qualified account receivable | ||||||
8 | is accepted for purchase by a qualified purchaser under | ||||||
9 | the Program terms. | ||||||
10 | "Program" means a Vendor Payment Program. | ||||||
11 | "Prompt payment penalties" means penalties payable by | ||||||
12 | the State in accordance with this Act. | ||||||
13 | "Purchase price" means 100% of the base invoice amount | ||||||
14 | associated with an assigned receivable minus: (1) any | ||||||
15 | deductions against the assigned receivable arising from | ||||||
16 | State offsets; and (2) if and to the extent exercised by a | ||||||
17 | qualified purchaser, other deductions for amounts owed by | ||||||
18 | the participating vendor to the qualified purchaser for | ||||||
19 | State offsets applied against other accounts receivable | ||||||
20 | assigned by the participating vendor to the qualified | ||||||
21 | purchaser under the Program. | ||||||
22 | "Qualified account receivable" means an account | ||||||
23 | receivable due and payable by the State that is | ||||||
24 | outstanding for 90 days or more, is eligible to accrue | ||||||
25 | prompt payment penalties under this Act and is verified by | ||||||
26 | the relevant State agency. A qualified account receivable |
| |||||||
| |||||||
1 | shall not include any account receivable related to | ||||||
2 | medical assistance program (including Medicaid) payments | ||||||
3 | or any other accounts receivable, the transfer or | ||||||
4 | assignment of which is prohibited by, or otherwise | ||||||
5 | prevented by, applicable law. | ||||||
6 | "Qualified purchaser" means any entity that, during | ||||||
7 | any application period, is approved by the Department of | ||||||
8 | Central Management Services to participate in the Program | ||||||
9 | on the basis of certain qualifying criteria as determined | ||||||
10 | by the Department. | ||||||
11 | "State offsets" means any amount deducted from | ||||||
12 | payments made by the State in respect of any qualified | ||||||
13 | account receivable due to the State's exercise of any | ||||||
14 | offset or other contractual rights against a participating | ||||||
15 | vendor. For the purpose of this Section, "State offsets" | ||||||
16 | include statutorily required administrative fees imposed | ||||||
17 | under the State Comptroller Act. | ||||||
18 | "Sub-participant" means any individual or entity that | ||||||
19 | intends to purchase assigned receivables, directly or | ||||||
20 | indirectly, by or through an applicant or qualified | ||||||
21 | purchaser for the purposes of the Program. | ||||||
22 | "Sub-participant certification" means an instrument | ||||||
23 | executed and delivered to the Department of Central | ||||||
24 | Management Services by a sub-participant, in which the | ||||||
25 | sub-participant certifies its agreement, among others, to | ||||||
26 | be bound by the terms and conditions of the Program as a |
| |||||||
| |||||||
1 | condition to its participation in the Program as a | ||||||
2 | sub-participant. | ||||||
3 | (b) This Section reflects the provisions of Section | ||||||
4 | 900.125 of Title 74 of the Illinois Administrative Code prior | ||||||
5 | to January 1, 2018. The requirements of this Section establish | ||||||
6 | the criteria for participation by participating vendors and | ||||||
7 | qualified purchasers in a Vendor Payment Program. Information | ||||||
8 | regarding the Vendor Payment Program may be found at the | ||||||
9 | Internet website for the Department of Central Management | ||||||
10 | Services. | ||||||
11 | (c) The State Comptroller and the Department of Central | ||||||
12 | Management Services is are authorized to establish and | ||||||
13 | implement the Program under Section 3-3. This Section applies | ||||||
14 | to all qualified accounts receivable not otherwise excluded | ||||||
15 | from receiving prompt payment interest under Section 900.120 | ||||||
16 | of Title 74 of the Illinois Administrative Code. This Section | ||||||
17 | shall not apply to the purchase of any accounts receivable | ||||||
18 | related to payments made under a medical assistance program, | ||||||
19 | including Medicaid payments, or any other purchase of accounts | ||||||
20 | receivable that is otherwise prohibited by law. | ||||||
21 | (d) Under the Program, qualified purchasers may purchase | ||||||
22 | from participating vendors certain qualified accounts | ||||||
23 | receivable owed by the State to the participating vendors. A | ||||||
24 | participating vendor shall not simultaneously apply to sell | ||||||
25 | the same qualified account receivable to more than one | ||||||
26 | qualified purchaser. In consideration of the payment of the |
| |||||||
| |||||||
1 | purchase price, a participating vendor shall assign to the | ||||||
2 | qualified purchaser all of its rights to payment of the | ||||||
3 | qualified account receivable, including all current and future | ||||||
4 | prompt payment penalties due to that qualified account | ||||||
5 | receivable in accordance with this Act. | ||||||
6 | (e) A vendor may apply to participate in the Program if: | ||||||
7 | (1) the vendor is owed an account receivable by the | ||||||
8 | State for which prompt payment penalties have commenced | ||||||
9 | accruing; | ||||||
10 | (2) the vendor's account receivable is eligible to | ||||||
11 | accrue prompt payment penalty interest under this Act; | ||||||
12 | (3) the vendor's account receivable is not for | ||||||
13 | payments under a medical assistance program; and | ||||||
14 | (4) the vendor's account receivable is not prohibited | ||||||
15 | by, or otherwise prevented by, applicable law from being | ||||||
16 | transferred or assigned under this Section. | ||||||
17 | (f) The Department shall review and approve or disapprove | ||||||
18 | each applicant seeking a qualified purchaser designation. | ||||||
19 | Factors to be considered by the Department in determining | ||||||
20 | whether an applicant shall be designated as a qualified | ||||||
21 | purchaser include, but are not limited to, the following: | ||||||
22 | (1) the qualified purchaser's agreement to commit a | ||||||
23 | minimum purchase amount as established from time to time | ||||||
24 | by the Department based upon the current needs of the | ||||||
25 | Program and the qualified purchaser's demonstrated ability | ||||||
26 | to fund its commitment; |
| |||||||
| |||||||
1 | (2) the demonstrated ability of a qualified | ||||||
2 | purchaser's sub-participants to fund their portions of a | ||||||
3 | qualified purchaser's minimum purchase commitment; | ||||||
4 | (3) the ability of a qualified purchaser and its | ||||||
5 | sub-participants to meet standards of responsibility | ||||||
6 | substantially in accordance with the requirements of the | ||||||
7 | Standards of Responsibility found in subsection (b) of | ||||||
8 | Section 1.2046 of Title 44 of the Illinois Administrative | ||||||
9 | Code concerning government contracts, procurement, and | ||||||
10 | property management; | ||||||
11 | (4) the agreement of each qualified purchaser, at its | ||||||
12 | sole cost and expense, to administer and facilitate the | ||||||
13 | operation of the Program with respect to that qualified | ||||||
14 | purchaser, including, without limitation, assisting | ||||||
15 | potential participating vendors with the application and | ||||||
16 | assignment process; | ||||||
17 | (5) the agreement of each qualified purchaser, at its | ||||||
18 | sole cost and expense, to establish a website that is | ||||||
19 | determined by the Department to be sufficient to | ||||||
20 | administer the Program in accordance with the terms and | ||||||
21 | conditions of the Program; | ||||||
22 | (6) the agreement of each qualified purchaser, at its | ||||||
23 | sole cost and expense, to market the Program to potential | ||||||
24 | participating vendors; | ||||||
25 | (7) the agreement of each qualified purchaser, at its | ||||||
26 | sole cost and expense, to educate participating vendors |
| |||||||
| |||||||
1 | about the benefits and risks associated with participation | ||||||
2 | in the Program; | ||||||
3 | (8) the agreement of each qualified purchaser, at its | ||||||
4 | sole cost and expense, to deposit funds into, release | ||||||
5 | funds from, and otherwise maintain all required accounts | ||||||
6 | in accordance with the terms and conditions of the | ||||||
7 | Program. Subject to the Program terms, all required | ||||||
8 | accounts shall be maintained and controlled by the | ||||||
9 | qualified purchaser at the qualified purchaser's sole cost | ||||||
10 | and at no cost, whether in the form of fees or otherwise, | ||||||
11 | to the participating vendors; | ||||||
12 | (9) the agreement of each qualified purchaser, at its | ||||||
13 | sole cost and expense, to submit a monthly written report, | ||||||
14 | in an acceptable electronic format, to the State | ||||||
15 | Comptroller or its designee and the Department or its | ||||||
16 | designee, within 10 days after the end of each month, | ||||||
17 | which, unless otherwise specified by the Department, at a | ||||||
18 | minimum, shall contain: | ||||||
19 | (A) a listing of each assigned receivable | ||||||
20 | purchased by that qualified purchaser during the | ||||||
21 | month, specifying the base invoice amount and invoice | ||||||
22 | date of that assigned receivable and the name of the | ||||||
23 | participating vendor, State contract number, voucher | ||||||
24 | number, and State agency associated with that assigned | ||||||
25 | receivable; | ||||||
26 | (B) a listing of each assigned receivable with |
| |||||||
| |||||||
1 | respect to which the qualified purchaser has received | ||||||
2 | payment of the base invoice amount from the State | ||||||
3 | during that month, including the amount of and date on | ||||||
4 | which that payment was made and the name of the | ||||||
5 | participating vendor, State contract number, voucher | ||||||
6 | number, and State agency associated with the assigned | ||||||
7 | receivable, and identifying the relevant application | ||||||
8 | period for each assigned receivable; | ||||||
9 | (C) a listing of any payments of assigned | ||||||
10 | penalties received from the State during the month, | ||||||
11 | including the amount of and date on which the payment | ||||||
12 | was made, the name of the participating vendor, the | ||||||
13 | voucher number for the assigned penalty receivable, | ||||||
14 | and the associated assigned receivable, including the | ||||||
15 | State contract number, voucher number, and State | ||||||
16 | agency associated with the assigned receivable, and | ||||||
17 | identifying the relevant application period for each | ||||||
18 | assigned receivable; | ||||||
19 | (D) the aggregate number and dollar value of | ||||||
20 | assigned receivables purchased by the qualified | ||||||
21 | purchaser from the date on which that qualified | ||||||
22 | purchaser commenced participating in the Program | ||||||
23 | through the last day of the month; | ||||||
24 | (E) the aggregate number and dollar value of | ||||||
25 | assigned receivables purchased by the qualified | ||||||
26 | purchaser for which no payment by the State of the base |
| |||||||
| |||||||
1 | invoice amount has yet been received, from the date on | ||||||
2 | which the qualified purchaser commenced participating | ||||||
3 | in the Program through the last day of the month; | ||||||
4 | (F) the aggregate number and dollar value of | ||||||
5 | invoices purchased by the qualified purchaser for | ||||||
6 | which no voucher has been submitted; and | ||||||
7 | (G) any other data the State Comptroller and the | ||||||
8 | Department may reasonably request from time to time; | ||||||
9 | (10) the agreement of each qualified purchaser to use | ||||||
10 | its reasonable best efforts, and for any sub-participant | ||||||
11 | to cause a qualified purchaser to use its reasonable best | ||||||
12 | efforts, to diligently pursue receipt of assigned | ||||||
13 | penalties associated with the assigned receivables, | ||||||
14 | including, without limitation, by promptly notifying the | ||||||
15 | relevant State agency that an assigned penalty is due and, | ||||||
16 | if necessary, seeking payment of assigned penalties | ||||||
17 | through the Illinois Court of Claims; and | ||||||
18 | (11) the agreement of each qualified purchaser and any | ||||||
19 | sub-participant to use their reasonable best efforts to | ||||||
20 | implement the Program terms and to perform their | ||||||
21 | obligations under the Program in a timely fashion. | ||||||
22 | (g) Each qualified purchaser's performance and | ||||||
23 | implementation of its obligations under subsection (f) shall | ||||||
24 | be subject to review by the Department and the State | ||||||
25 | Comptroller at any time to confirm that the qualified | ||||||
26 | purchaser is undertaking those obligations in a manner |
| |||||||
| |||||||
1 | consistent with the terms and conditions of the Program. A | ||||||
2 | qualified purchaser's failure to so perform its obligations | ||||||
3 | including, without limitation, its obligations to diligently | ||||||
4 | pursue receipt of assigned penalties associated with assigned | ||||||
5 | receivables, shall be grounds for the Department and the State | ||||||
6 | Comptroller to terminate the qualified purchaser's | ||||||
7 | participation in the Program under subsection (i). Any such | ||||||
8 | termination shall be without prejudice to any rights a | ||||||
9 | participating vendor may have against that qualified | ||||||
10 | purchaser, in law or in equity, including, without limitation, | ||||||
11 | the right to enforce the terms of the assignment agreement and | ||||||
12 | of the Program against the qualified purchaser. | ||||||
13 | (h) In determining whether any applicant shall be | ||||||
14 | designated as a qualified purchaser, the Department shall have | ||||||
15 | the right to review or approve sub-participants that intend to | ||||||
16 | purchase assigned receivables, directly or indirectly, by or | ||||||
17 | through the applicant. The Department reserves the right to | ||||||
18 | reject or terminate the designation of any applicant as a | ||||||
19 | qualified purchaser or require an applicant to exclude a | ||||||
20 | proposed sub-participant in order to become or remain a | ||||||
21 | qualified purchaser on the basis of a review, whether prior to | ||||||
22 | or after the designation. Each applicant and each qualified | ||||||
23 | purchaser has an affirmative obligation to promptly notify the | ||||||
24 | Department of any change or proposed change in the identity of | ||||||
25 | the sub-participants that it disclosed to the Department no | ||||||
26 | later than 3 business days after that change. Each |
| |||||||
| |||||||
1 | sub-participant shall be required to execute a sub-participant | ||||||
2 | certification that will be attached to the corresponding | ||||||
3 | qualified purchaser designation. Sub-participants shall meet, | ||||||
4 | at a minimum, the requirements of paragraphs (2), (3), (10), | ||||||
5 | and (11) of subsection (f). | ||||||
6 | (i) The Program, as codified under this Section, shall | ||||||
7 | continue until terminated or suspended as follows: | ||||||
8 | (1) The Program may be terminated or suspended: (A) by | ||||||
9 | the State Comptroller, after consulting with the | ||||||
10 | Department, by giving 10 days prior written notice to the | ||||||
11 | Department and the qualified purchasers in the Program; or | ||||||
12 | (B) by the Department, after consulting with the State | ||||||
13 | Comptroller, by giving 10 days prior written notice to the | ||||||
14 | State Comptroller and the qualified purchasers in the | ||||||
15 | Program. | ||||||
16 | (2) In the event a qualified purchaser or | ||||||
17 | sub-participant breaches or fails to meet any of the terms | ||||||
18 | or conditions of the Program, that qualified purchaser or | ||||||
19 | sub-participant may be terminated from the Program: (A) by | ||||||
20 | the State Comptroller, after consulting with the | ||||||
21 | Department. The termination shall be effective immediately | ||||||
22 | upon the State Comptroller giving written notice to the | ||||||
23 | Department and the qualified purchaser or sub-participant; | ||||||
24 | or (B) by the Department, after consulting with the State | ||||||
25 | Comptroller. The termination shall be effective | ||||||
26 | immediately upon the Department giving written notice to |
| |||||||
| |||||||
1 | the State Comptroller and the qualified purchaser or | ||||||
2 | sub-participant. | ||||||
3 | (3) A qualified purchaser or sub-participant may | ||||||
4 | terminate its participation in the Program, solely with | ||||||
5 | respect to its own participation in the Program, in the | ||||||
6 | event of any change to this Act from the form that existed | ||||||
7 | on the date that the qualified purchaser or the | ||||||
8 | sub-participant, as applicable, submitted the necessary | ||||||
9 | documentation for admission into the Program if the change | ||||||
10 | materially and adversely affects the qualified purchaser's | ||||||
11 | or the sub-participant's ability to purchase and receive | ||||||
12 | payment on receivables on the terms described in this | ||||||
13 | Section. | ||||||
14 | If the Program, a qualified purchaser, or a | ||||||
15 | sub-participant is terminated or suspended under paragraph (1) | ||||||
16 | or (2) of this subsection (i), the Program, qualified | ||||||
17 | purchaser, or sub-participant may be reinstated only by | ||||||
18 | written agreement of the State Comptroller and the Department. | ||||||
19 | No termination or suspension under paragraph (1), (2), or (3) | ||||||
20 | of this subsection (i) shall alter or affect the qualified | ||||||
21 | purchaser's or sub-participant's obligations with respect to | ||||||
22 | assigned receivables purchased by or through the qualified | ||||||
23 | purchaser prior to the termination.
| ||||||
24 | (Source: P.A. 100-1089, eff. 8-24-18; 101-81, eff. 7-12-19.)
| ||||||
25 | (30 ILCS 540/9) |
| |||||||
| |||||||
1 | Sec. 9. Vendor Payment Program financial backer | ||||||
2 | disclosure. | ||||||
3 | (a) Within 60 days after August 24, 2018 ( the effective | ||||||
4 | date of Public Act 100-1089) this amendatory Act of the 100th | ||||||
5 | General Assembly , at the time of application, and annually on | ||||||
6 | August July 1 of each year for the previous fiscal year , each | ||||||
7 | qualified purchaser shall submit to the Department and the | ||||||
8 | State Comptroller the following information about each person, | ||||||
9 | director, owner, officer, association, financial backer, | ||||||
10 | partnership, other entity, corporation, or trust with an | ||||||
11 | indirect or direct financial interest in each qualified | ||||||
12 | purchaser: | ||||||
13 | (1) percent ownership; | ||||||
14 | (2) type of ownership; | ||||||
15 | (3) first name, middle name, last name, maiden name | ||||||
16 | (if applicable), including aliases or former names; | ||||||
17 | (4) mailing address; | ||||||
18 | (5) type of business entity, if applicable; | ||||||
19 | (6) dates and jurisdiction of business formation or | ||||||
20 | incorporation, if applicable; | ||||||
21 | (7) names of controlling shareholders, class of stock, | ||||||
22 | percentage ownership; | ||||||
23 | (8) any indirect earnings resulting from the Program; | ||||||
24 | and | ||||||
25 | (9) any earnings associated with the Program to any | ||||||
26 | parties not previously disclosed. |
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1 | (b) Within 60 days after August 24, 2018 ( the effective | ||||||
2 | date of Public Act 100-1089) this amendatory Act of the 100th | ||||||
3 | General Assembly , at the time of application, and annually on | ||||||
4 | August July 1 of each year for the previous fiscal year , each | ||||||
5 | trust associated with the qualified purchaser shall submit to | ||||||
6 | the Department and the State Comptroller the following | ||||||
7 | information: | ||||||
8 | (1) names, addresses, dates of birth, and percentages | ||||||
9 | of interest of all beneficiaries; | ||||||
10 | (2) any indirect earnings resulting from the Program; | ||||||
11 | and | ||||||
12 | (3) any earnings associated with the Program to any | ||||||
13 | parties not previously disclosed. | ||||||
14 | (c) Each qualified purchaser must submit a statement to | ||||||
15 | the State Comptroller and the Department of Central Management | ||||||
16 | Services disclosing whether such qualified purchaser or any | ||||||
17 | related person, director, owner, officer, or financial backer | ||||||
18 | has previously or currently retained or contracted with any | ||||||
19 | registered lobbyist, lawyer, accountant, or other consultant | ||||||
20 | to prepare the disclosure required under this Section.
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21 | (Source: P.A. 100-1089, eff. 8-24-18.)
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22 | Section 40. The Property Tax Code is amended by changing | ||||||
23 | Section 30-31 as follows:
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24 | (35 ILCS 200/30-31)
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1 | Sec. 30-31. Fiscal Responsibility Report Card; State | ||||||
2 | Comptroller. The State
Comptroller, within 180 days of the | ||||||
3 | conclusion of the fiscal year of the State,
shall make | ||||||
4 | available on the Comptroller's website submit to the General | ||||||
5 | Assembly and the clerk of each county a Fiscal
Responsibility | ||||||
6 | Report Card in the form prescribed by the State Comptroller
| ||||||
7 | after consultation with other State Constitutional officers | ||||||
8 | selected by the
State Comptroller. The Fiscal Responsibility | ||||||
9 | Report Card shall inform the
General Assembly and the county | ||||||
10 | clerks about the amounts, sources, and uses of
tax revenues | ||||||
11 | received and expended by each taxing district, other than a | ||||||
12 | school
district, that imposes ad valorem taxes.
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13 | (Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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