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Sen. John Connor
Filed: 3/19/2021
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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:
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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:
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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;
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23 | | (3) Certify that all benefiting agencies are in |
24 | | compliance with the
Illinois Human Rights Act;
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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;
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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
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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
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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;
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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
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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;
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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
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19 | | distributed for services in the actual provision of |
20 | | services in that community
and surrounding area;
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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
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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;
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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).
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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.
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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.
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23 | | (Source: P.A. 99-143, eff. 7-27-15 .)
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24 | | (5 ILCS 340/5) (from Ch. 15, par. 505)
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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
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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.)
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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
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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.
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17 | | (Source: P.A. 91-357, eff. 7-29-99.)
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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:
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21 | | (15 ILCS 405/17) (from Ch. 15, par. 217)
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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,
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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.
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16 | | (Source: P.A. 98-904, eff. 8-15-14.)
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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 |
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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.
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13 | | (Source: P.A. 97-408, eff. 8-16-11; 98-240, eff. 8-9-13.)
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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 |
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1 | | appointed to that
office during a recess of that Senate.
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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,
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13 | | Attorney General, and State Board of Elections.
|
14 | | (3) Judges, and officers and employees of the courts, |
15 | | and notaries
public.
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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 |
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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.
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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 |
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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 |
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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 |
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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)
|
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
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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 |
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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 |
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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 |
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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.
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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 |
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1 | | changing Sections 8 and 9 as follows:
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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. |
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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 |
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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 |
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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 |
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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; |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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.)
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25 | | (30 ILCS 540/9) |
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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.
|
21 | | (Source: P.A. 100-1089, eff. 8-24-18.)
|
22 | | Section 40. The Property Tax Code is amended by changing |
23 | | Section 30-31 as follows:
|
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.
|
13 | | (Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
|
14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.".
|