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