Bill Text: IL SB3284 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the State Comptroller Act. Provides that State employee addresses shall not be listed on the State employee list maintained by the Comptroller. Amends the State Prompt Payment Act. In a provision requiring an interest penalty of 1.0% for each month or fraction thereof of any amount approved and unpaid within 90 days, changes "fraction thereof" to "00.0033% (1/30%) for each day". Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [SB3284 Detail]

Download: Illinois-2011-SB3284-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Comptroller Act is amended by changing
Section 20 as follows:
(15 ILCS 405/20) (from Ch. 15, par. 220)
Sec. 20. Annual report. The comptroller shall annually, as
soon as possible after the close of the fiscal year but no
later than December 31, make out and present to the Governor,
the President of the Senate, the Speaker of the House of
Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives a report,
showing the amount of warrants drawn on the treasury, on other
funds held by the State Treasurer and on any public funds held
by State agencies, during the preceding fiscal year, and
stating, particularly, on what account they were drawn, and if
drawn on the contingent fund, to whom and for what they were
issued. He or she shall, also, at the same time, report to the
Governor, the President of the Senate, the Speaker of the House
of Representatives, the Minority Leader of the Senate, and the
Minority Leader of the House of Representatives the amount of
money received into the treasury, into other funds held by the
State Treasurer and into any other funds held by State agencies

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during the preceding fiscal year, and stating particularly, the
source from which the same may be derived, and also a general
account of all the business of his office during the preceding
fiscal year. The report shall also summarize for the previous
fiscal year the information required under Section 19.
Within 60 days after the expiration of each calendar year,
the comptroller shall compile, from records maintained and
available in his office, a list of all persons including those
employed in the office of the comptroller, who have been
employed by the State during the past calendar year and paid
from funds in the hands of the State Treasurer.
The list shall be arranged according to counties and shall
state in alphabetical order the name of each employee and , the
address in the county in which he votes, except as specified
below, the position and the total salary paid to him or her
during the past calendar year. For all persons employed by the
State, persons employed by the Department of Corrections,
Department of Children and Family Services and the Department
of State Police no address shall be listed. The list so
compiled and arranged shall be kept on file in the office of
the comptroller and be open to inspection by the public at all
times.
No person who utilizes the names obtained from this list
for solicitation shall represent that such solicitation is
authorized by any officer or agency of the State of Illinois.
Violation of this provision is a Business Offense punishable by

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a fine not to exceed $3,000.
(Source: P.A. 86-1003.)
Section 10. The State Prompt Payment Act is amended by
changing Section 3-2 as follows:
(30 ILCS 540/3-2)
Sec. 3-2. Beginning July 1, 1993, in any instance where a
State official or agency is late in payment of a vendor's bill
or invoice for goods or services furnished to the State, as
defined in Section 1, properly approved in accordance with
rules promulgated under Section 3-3, the State official or
agency shall pay interest to the vendor in accordance with the
following:
(1) Any bill, except a bill submitted under Article V
of the Illinois Public Aid Code and except as provided
under paragraph (1.05) of this Section, approved for
payment under this Section must be paid or the payment
issued to the payee within 60 days of receipt of a proper
bill or invoice. If payment is not issued to the payee
within this 60-day period, an interest penalty of 1.0% of
any amount approved and unpaid shall be added for each
month or fraction thereof after the end of this 60-day
period, until final payment is made. Any bill, except a
bill for pharmacy or nursing facility services or goods,
and except as provided under paragraph (1.05) 1.05 of this

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Section, submitted under Article V of the Illinois Public
Aid Code approved for payment under this Section must be
paid or the payment issued to the payee within 60 days
after receipt of a proper bill or invoice, and, if payment
is not issued to the payee within this 60-day period, an
interest penalty of 2.0% of any amount approved and unpaid
shall be added for each month or fraction thereof after the
end of this 60-day period, until final payment is made. Any
bill for pharmacy or nursing facility services or goods
submitted under Article V of the Illinois Public Aid Code,
except as provided under paragraph (1.05) of this Section,
and approved for payment under this Section must be paid or
the payment issued to the payee within 60 days of receipt
of a proper bill or invoice. If payment is not issued to
the payee within this 60-day period, an interest penalty of
1.0% of any amount approved and unpaid shall be added for
each month or fraction thereof after the end of this 60-day
period, until final payment is made.
(1.05) For State fiscal year 2012 and future fiscal
years, any bill approved for payment under this Section
must be paid or the payment issued to the payee within 90
days of receipt of a proper bill or invoice. If payment is
not issued to the payee within this 90-day period, an
interest penalty of 1.0% of any amount approved and unpaid
shall be added for each month, or 00.0033% (1/30%) of any
amount approved and unpaid for each day, fraction thereof

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after the end of this 90-day period, until final payment is
made.
(1.1) A State agency shall review in a timely manner
each bill or invoice after its receipt. If the State agency
determines that the bill or invoice contains a defect
making it unable to process the payment request, the agency
shall notify the vendor requesting payment as soon as
possible after discovering the defect pursuant to rules
promulgated under Section 3-3; provided, however, that the
notice for construction related bills or invoices must be
given not later than 30 days after the bill or invoice was
first submitted. The notice shall identify the defect and
any additional information necessary to correct the
defect. If one or more items on a construction related bill
or invoice are disapproved, but not the entire bill or
invoice, then the portion that is not disapproved shall be
paid.
(2) Where a State official or agency is late in payment
of a vendor's bill or invoice properly approved in
accordance with this Act, and different late payment terms
are not reduced to writing as a contractual agreement, the
State official or agency shall automatically pay interest
penalties required by this Section amounting to $50 or more
to the appropriate vendor. Each agency shall be responsible
for determining whether an interest penalty is owed and for
paying the interest to the vendor. Except as provided in

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paragraph (4), an individual interest payment amounting to
$5 or less shall not be paid by the State. Interest due to
a vendor that amounts to greater than $5 and less than $50
shall not be paid but shall be accrued until all interest
due the vendor for all similar warrants exceeds $50, at
which time the accrued interest shall be payable and
interest will begin accruing again, except that interest
accrued as of the end of the fiscal year that does not
exceed $50 shall be payable at that time. In the event an
individual has paid a vendor for services in advance, the
provisions of this Section shall apply until payment is
made to that individual.
(3) The provisions of Public Act 96-1501 reducing the
interest rate on pharmacy claims under Article V of the
Illinois Public Aid Code to 1.0% per month shall apply to
any pharmacy bills for services and goods under Article V
of the Illinois Public Aid Code received on or after the
date 60 days before January 25, 2011 (the effective date of
Public Act 96-1501) except as provided under paragraph
(1.05) of this Section.
(4) Interest amounting to less than $5 shall not be
paid by the State, except for claims (i) to the Department
of Healthcare and Family Services or the Department of
Human Services, (ii) pursuant to Article V of the Illinois
Public Aid Code, the Covering ALL KIDS Health Insurance
Act, or the Children's Health Insurance Program Act, and

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(iii) made (A) by pharmacies for prescriptive services or
(B) by any federally qualified health center for
prescriptive services or any other services.
(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;
96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff.
1-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff.
6-30-11; 97-348, eff. 8-12-11; revised 9-7-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.