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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Department of Central Management Services | ||||||||||||||||||||||||||
5 | Law of the
Civil Administrative Code of Illinois is amended by | ||||||||||||||||||||||||||
6 | changing Section 405-105 as follows:
| ||||||||||||||||||||||||||
7 | (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
| ||||||||||||||||||||||||||
8 | Sec. 405-105. Fidelity, surety, property, and casualty | ||||||||||||||||||||||||||
9 | insurance. The Department
shall establish and implement a | ||||||||||||||||||||||||||
10 | program to coordinate
the handling of all fidelity, surety, | ||||||||||||||||||||||||||
11 | property, and casualty insurance
exposures of the State and the | ||||||||||||||||||||||||||
12 | departments, divisions, agencies,
branches,
and universities | ||||||||||||||||||||||||||
13 | of the State. In performing this responsibility, the
Department | ||||||||||||||||||||||||||
14 | shall have the power and duty to do the following:
| ||||||||||||||||||||||||||
15 | (1) Develop and maintain loss and exposure data on all | ||||||||||||||||||||||||||
16 | State
property.
| ||||||||||||||||||||||||||
17 | (2) Study the feasibility of establishing a self-insurance | ||||||||||||||||||||||||||
18 | plan
for
State property and prepare estimates of the costs of | ||||||||||||||||||||||||||
19 | reinsurance for
risks beyond the realistic limits of the | ||||||||||||||||||||||||||
20 | self-insurance.
| ||||||||||||||||||||||||||
21 | (3) Prepare a plan for centralizing the purchase of | ||||||||||||||||||||||||||
22 | property and
casualty insurance on State property under a | ||||||||||||||||||||||||||
23 | master policy or policies
and purchase the insurance contracted |
| |||||||
| |||||||
1 | for as provided in the
Illinois Purchasing Act.
| ||||||
2 | (4) Evaluate existing provisions for fidelity bonds | ||||||
3 | required of
State employees and recommend changes that are | ||||||
4 | appropriate
commensurate with risk experience and the | ||||||
5 | determinations respecting
self-insurance or reinsurance so as | ||||||
6 | to permit reduction of costs without
loss of coverage.
| ||||||
7 | (5) Investigate procedures for inclusion of school | ||||||
8 | districts,
public community
college districts, and other units | ||||||
9 | of local government in programs for
the centralized purchase of | ||||||
10 | insurance.
| ||||||
11 | (6) Implement recommendations of the State Property
| ||||||
12 | Insurance
Study Commission that the Department finds necessary | ||||||
13 | or desirable in
the
performance of its powers and duties under | ||||||
14 | this Section to achieve
efficient and comprehensive risk | ||||||
15 | management.
| ||||||
16 | (7) Prepare and, in the discretion of the Director, | ||||||
17 | implement a plan providing for the purchase of public
liability | ||||||
18 | insurance or for self-insurance for public liability or for a
| ||||||
19 | combination of purchased insurance and self-insurance for | ||||||
20 | public
liability (i) covering the State and drivers of motor | ||||||
21 | vehicles
owned,
leased, or controlled by the State of Illinois | ||||||
22 | pursuant to the provisions
and limitations contained in the | ||||||
23 | Illinois Vehicle Code, (ii)
covering
other public liability | ||||||
24 | exposures of the State and its employees within
the scope of | ||||||
25 | their employment, and (iii) covering drivers of motor
vehicles | ||||||
26 | not owned, leased, or controlled by the State but used by a
|
| |||||||
| |||||||
1 | State employee on State business, in excess of liability | ||||||
2 | covered by an
insurance policy obtained by the owner of the | ||||||
3 | motor vehicle or in
excess of the dollar amounts that the | ||||||
4 | Department shall
determine to be
reasonable. Any contract of | ||||||
5 | insurance let under this Law shall be
by
bid in accordance with | ||||||
6 | the procedure set forth in the Illinois
Purchasing Act. Any | ||||||
7 | provisions for self-insurance shall conform to
subdivision | ||||||
8 | (11).
| ||||||
9 | The term "employee" as used in this subdivision (7) and in | ||||||
10 | subdivision
(11)
means a person while in the employ of the | ||||||
11 | State who is a member of the
staff or personnel of a State | ||||||
12 | agency, bureau, board, commission,
committee, department, | ||||||
13 | university, or college or who is a State officer,
elected | ||||||
14 | official, commissioner, member of or ex officio member of a
| ||||||
15 | State agency, bureau, board, commission, committee, | ||||||
16 | department,
university, or college, or a member of the National | ||||||
17 | Guard while on active
duty pursuant to orders of the Governor | ||||||
18 | of the State of Illinois, or any
other person while using a | ||||||
19 | licensed motor vehicle owned, leased, or
controlled by the | ||||||
20 | State of Illinois with the authorization of the State
of | ||||||
21 | Illinois, provided the actual use of the motor vehicle is
| ||||||
22 | within the scope of that
authorization and within the course of | ||||||
23 | State service.
| ||||||
24 | Subsequent to payment of a claim on behalf of an employee | ||||||
25 | pursuant to this
Section and after reasonable advance written | ||||||
26 | notice to the employee, the
Director may exclude the employee |
| |||||||
| |||||||
1 | from future coverage or limit the
coverage under the plan if | ||||||
2 | (i) the Director determines that the
claim
resulted from an | ||||||
3 | incident in which the employee was grossly negligent or
had | ||||||
4 | engaged in willful and wanton misconduct or (ii) the
Director
| ||||||
5 | determines that the employee is no longer an acceptable risk | ||||||
6 | based on a
review of prior accidents in which the employee was | ||||||
7 | at fault and for which
payments were made pursuant to this | ||||||
8 | Section.
| ||||||
9 | The Director is authorized to
promulgate administrative | ||||||
10 | rules that may be necessary to
establish and
administer the | ||||||
11 | plan.
| ||||||
12 | Appropriations from the Road Fund shall be used to pay auto | ||||||
13 | liability claims
and related expenses involving employees of | ||||||
14 | the Department of Transportation,
the Illinois State Police, | ||||||
15 | and the Secretary of State.
| ||||||
16 | (8) Charge, collect, and receive from all other agencies of
| ||||||
17 | the State
government fees or monies equivalent to the cost of | ||||||
18 | purchasing the insurance.
| ||||||
19 | (9) Establish, through the Director, charges for risk
| ||||||
20 | management
services
rendered to State agencies by the | ||||||
21 | Department.
The State agencies so charged shall reimburse the | ||||||
22 | Department by vouchers drawn
against their respective
| ||||||
23 | appropriations. The reimbursement shall be determined by the | ||||||
24 | Director as
amounts sufficient to reimburse the Department
for | ||||||
25 | expenditures incurred in rendering the service.
| ||||||
26 | The Department shall charge the
employing State agency or |
| |||||||
| |||||||
1 | university for workers' compensation payments for
temporary | ||||||
2 | total disability paid to any employee after the employee has
| ||||||
3 | received temporary total disability payments for 120 days if | ||||||
4 | the employee's
treating physician has issued a release to | ||||||
5 | return to work with restrictions
and the employee is able to | ||||||
6 | perform modified duty work but the employing
State agency or
| ||||||
7 | university does not return the employee to work at modified | ||||||
8 | duty. Modified
duty shall be duties assigned that may or may | ||||||
9 | not be delineated
as part of the duties regularly performed by | ||||||
10 | the employee. Modified duties
shall be assigned within the | ||||||
11 | prescribed restrictions established by the
treating physician | ||||||
12 | and the physician who performed the independent medical
| ||||||
13 | examination. The amount of all reimbursements
shall be | ||||||
14 | deposited into the Workers' Compensation Revolving Fund which | ||||||
15 | is
hereby created as a revolving fund in the State treasury. In | ||||||
16 | addition to any other purpose authorized by law, moneys in the | ||||||
17 | Fund
shall be used, subject to appropriation, to pay these or | ||||||
18 | other temporary
total disability claims of employees of State | ||||||
19 | agencies and universities.
| ||||||
20 | Beginning with fiscal year 1996, all amounts recovered by | ||||||
21 | the
Department through subrogation in workers' compensation | ||||||
22 | and workers'
occupational disease cases shall be
deposited into | ||||||
23 | the Workers' Compensation Revolving Fund created under
this | ||||||
24 | subdivision (9).
| ||||||
25 | (10) Establish rules, procedures, and forms to be used by
| ||||||
26 | State agencies
in the administration and payment of workers' |
| |||||||
| |||||||
1 | compensation claims.
The Department shall initially evaluate | ||||||
2 | and determine the compensability of
any injury that is
the | ||||||
3 | subject of a workers' compensation claim and provide for the
| ||||||
4 | administration and payment of such a claim for all State | ||||||
5 | agencies. The
Director may delegate to any agency with the | ||||||
6 | agreement of the agency head
the responsibility for evaluation, | ||||||
7 | administration, and payment of that
agency's claims.
| ||||||
8 | (11) Any plan for public liability self-insurance | ||||||
9 | implemented
under this
Section shall provide that (i) the | ||||||
10 | Department
shall attempt to settle and may settle any public | ||||||
11 | liability claim filed
against the State of Illinois or any | ||||||
12 | public liability claim filed
against a State employee on the | ||||||
13 | basis of an occurrence in the course of
the employee's State | ||||||
14 | employment; (ii) any settlement of
such a claim must be
| ||||||
15 | approved by the Director and, in cases of
settlements exceeding | ||||||
16 | $100,000, by the Governor; and (iii) a
settlement of
any public | ||||||
17 | liability claim against the State or a State employee shall
| ||||||
18 | require an unqualified release of any right of action against | ||||||
19 | the State
and the employee for acts within the scope of the | ||||||
20 | employee's employment
giving rise to the claim. Settlements of | ||||||
21 | claims under this item (11) are not subject to fiscal year | ||||||
22 | limitations.
| ||||||
23 | Whenever and to the extent that a State
employee operates a | ||||||
24 | motor vehicle or engages in other activity covered
by | ||||||
25 | self-insurance under this Section, the State of Illinois shall
| ||||||
26 | defend, indemnify, and hold harmless the employee against any |
| |||||||
| |||||||
1 | claim in
tort filed against the employee for acts or omissions | ||||||
2 | within the scope
of the employee's employment in any proper | ||||||
3 | judicial forum and not
settled pursuant
to this subdivision | ||||||
4 | (11), provided that this obligation of
the State of
Illinois | ||||||
5 | shall not exceed a maximum liability of $2,000,000 for any
| ||||||
6 | single occurrence in connection with the operation of a motor | ||||||
7 | vehicle or
$100,000 per person per occurrence for any other | ||||||
8 | single occurrence,
or $500,000 for any single occurrence in | ||||||
9 | connection with the provision of
medical care by a licensed | ||||||
10 | physician employee.
| ||||||
11 | Any
claims against the State of Illinois under a | ||||||
12 | self-insurance plan that
are not settled pursuant to this | ||||||
13 | subdivision (11) shall be
heard and
determined by the Court of | ||||||
14 | Claims and may not be filed or adjudicated
in any other forum. | ||||||
15 | The Attorney General of the State of Illinois or
the Attorney | ||||||
16 | General's designee shall be the attorney with respect
to all | ||||||
17 | public liability
self-insurance claims that are not settled | ||||||
18 | pursuant to this
subdivision (11)
and therefore result in | ||||||
19 | litigation. The payment of any award of the
Court of Claims | ||||||
20 | entered against the State relating to any public
liability | ||||||
21 | self-insurance claim shall act as a release against any State
| ||||||
22 | employee involved in the occurrence.
| ||||||
23 | (12) Administer a plan the purpose of which is to make | ||||||
24 | payments
on final
settlements or final judgments in accordance | ||||||
25 | with the State Employee
Indemnification Act. The plan shall be | ||||||
26 | funded through appropriations from the
General Revenue Fund |
| |||||||
| |||||||
1 | specifically designated for that purpose, except that
| ||||||
2 | indemnification expenses for employees of the Department of | ||||||
3 | Transportation,
the Illinois State Police, and the Secretary of | ||||||
4 | State
shall be paid
from the Road
Fund. The term "employee" as | ||||||
5 | used in this subdivision (12) has the same
meaning as under | ||||||
6 | subsection (b) of Section 1 of the State Employee
| ||||||
7 | Indemnification Act. Subject to sufficient appropriation, the | ||||||
8 | Director shall approve payment of any claim presented to
the | ||||||
9 | Director
that is supported by a final settlement or final | ||||||
10 | judgment when the Attorney
General and the chief officer of the | ||||||
11 | public body against whose employee the
claim or cause of action | ||||||
12 | is asserted certify to the Director that
the claim is in
| ||||||
13 | accordance with the State Employee Indemnification Act and that | ||||||
14 | they
approve
of the payment. In no event shall an amount in | ||||||
15 | excess of $150,000 be paid from
this plan to or for the benefit | ||||||
16 | of any claimant. Settlements of claims under this item (12) are | ||||||
17 | not subject to fiscal year limitations.
| ||||||
18 | (13) Administer a plan the purpose of which is to make | ||||||
19 | payments
on final
settlements or final judgments for employee | ||||||
20 | wage claims in situations where
there was an appropriation | ||||||
21 | relevant to the wage claim, the fiscal year
and lapse period | ||||||
22 | have expired, and sufficient funds were available
to
pay the | ||||||
23 | claim. The plan shall be funded through
appropriations from the | ||||||
24 | General Revenue Fund specifically designated for
that purpose.
| ||||||
25 | Subject to sufficient appropriation, the Director is | ||||||
26 | authorized to pay any wage claim presented to the
Director
that |
| |||||||
| |||||||
1 | is supported by a final settlement or final judgment when the | ||||||
2 | chief
officer of the State agency employing the claimant | ||||||
3 | certifies to the
Director that
the claim is a valid wage claim | ||||||
4 | and that the fiscal year and lapse period
have expired. Payment | ||||||
5 | for claims that are properly submitted and certified
as valid | ||||||
6 | by the Director
shall include interest accrued at the rate of | ||||||
7 | 7% per annum from the
forty-fifth day after the claims are | ||||||
8 | received by the Department or 45 days from the date on which | ||||||
9 | the amount of payment
is agreed upon, whichever is later, until | ||||||
10 | the date the claims are submitted
to the Comptroller for | ||||||
11 | payment. When the Attorney General has filed an
appearance in | ||||||
12 | any proceeding concerning a wage claim settlement or
judgment, | ||||||
13 | the Attorney General shall certify to the Director that the | ||||||
14 | wage claim is valid before any payment is
made. In no event | ||||||
15 | shall an amount in excess of $150,000 be paid from this
plan to | ||||||
16 | or for the benefit of any claimant.
| ||||||
17 | Nothing in Public Act 84-961 shall be construed to affect | ||||||
18 | in any manner the jurisdiction of the
Court of Claims | ||||||
19 | concerning wage claims made against the State of Illinois.
| ||||||
20 | (14) Prepare and, in the discretion of the Director, | ||||||
21 | implement a program for
self-insurance for official
fidelity | ||||||
22 | and surety bonds for officers and employees as authorized by | ||||||
23 | the
Official Bond Act.
| ||||||
24 | (Source: P.A. 93-839, eff. 7-30-04.)
| ||||||
25 | Section 10. The State Finance Act is amended by changing |
| |||||||
| |||||||
1 | Section 25 as follows:
| ||||||
2 | (30 ILCS 105/25) (from Ch. 127, par. 161)
| ||||||
3 | Sec. 25. Fiscal year limitations.
| ||||||
4 | (a) All appropriations shall be
available for expenditure | ||||||
5 | for the fiscal year or for a lesser period if the
Act making | ||||||
6 | that appropriation so specifies. A deficiency or emergency
| ||||||
7 | appropriation shall be available for expenditure only through | ||||||
8 | June 30 of
the year when the Act making that appropriation is | ||||||
9 | enacted unless that Act
otherwise provides.
| ||||||
10 | (b) Outstanding liabilities as of June 30, payable from | ||||||
11 | appropriations
which have otherwise expired, may be paid out of | ||||||
12 | the expiring
appropriations during the 2-month period ending at | ||||||
13 | the
close of business on August 31. Any service involving
| ||||||
14 | professional or artistic skills or any personal services by an | ||||||
15 | employee whose
compensation is subject to income tax | ||||||
16 | withholding must be performed as of June
30 of the fiscal year | ||||||
17 | in order to be considered an "outstanding liability as of
June | ||||||
18 | 30" that is thereby eligible for payment out of the expiring
| ||||||
19 | appropriation.
| ||||||
20 | However, payment of tuition reimbursement claims under | ||||||
21 | Section 14-7.03 or
18-3 of the School Code may be made by the | ||||||
22 | State Board of Education from its
appropriations for those | ||||||
23 | respective purposes for any fiscal year, even though
the claims | ||||||
24 | reimbursed by the payment may be claims attributable to a prior
| ||||||
25 | fiscal year, and payments may be made at the direction of the |
| |||||||
| |||||||
1 | State
Superintendent of Education from the fund from which the | ||||||
2 | appropriation is made
without regard to any fiscal year | ||||||
3 | limitations.
| ||||||
4 | Medical payments may be made by the Department of Veterans' | ||||||
5 | Affairs from
its
appropriations for those purposes for any | ||||||
6 | fiscal year, without regard to the
fact that the medical | ||||||
7 | services being compensated for by such payment may have
been | ||||||
8 | rendered in a prior fiscal year.
| ||||||
9 | Medical payments may be made by the Department of | ||||||
10 | Healthcare and Family Services and medical payments and child | ||||||
11 | care
payments may be made by the Department of
Human Services | ||||||
12 | (as successor to the Department of Public Aid) from
| ||||||
13 | appropriations for those purposes for any fiscal year,
without | ||||||
14 | regard to the fact that the medical or child care services | ||||||
15 | being
compensated for by such payment may have been rendered in | ||||||
16 | a prior fiscal
year; and payments may be made at the direction | ||||||
17 | of the Department of
Central Management Services from the | ||||||
18 | Health Insurance Reserve Fund and the
Local Government Health | ||||||
19 | Insurance Reserve Fund without regard to any fiscal
year | ||||||
20 | limitations.
| ||||||
21 | Medical payments may be made by the Department of Human | ||||||
22 | Services from its appropriations relating to substance abuse | ||||||
23 | treatment services for any fiscal year, without regard to the | ||||||
24 | fact that the medical services being compensated for by such | ||||||
25 | payment may have been rendered in a prior fiscal year, provided | ||||||
26 | the payments are made on a fee-for-service basis consistent |
| |||||||
| |||||||
1 | with requirements established for Medicaid reimbursement by | ||||||
2 | the Department of Healthcare and Family Services. | ||||||
3 | Additionally, payments may be made by the Department of | ||||||
4 | Human Services from
its appropriations, or any other State | ||||||
5 | agency from its appropriations with
the approval of the | ||||||
6 | Department of Human Services, from the Immigration Reform
and | ||||||
7 | Control Fund for purposes authorized pursuant to the | ||||||
8 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
9 | any fiscal year limitations.
| ||||||
10 | Further, with respect to costs incurred in fiscal years | ||||||
11 | 2002 and 2003 only,
payments may be made by the State Treasurer | ||||||
12 | from its
appropriations
from the Capital Litigation Trust Fund | ||||||
13 | without regard to any fiscal year
limitations.
| ||||||
14 | Lease payments may be made by the Department of Central | ||||||
15 | Management
Services under the sale and leaseback provisions of
| ||||||
16 | Section 7.4 of
the State Property Control Act with respect to | ||||||
17 | the James R. Thompson Center and
the
Elgin Mental Health Center | ||||||
18 | and surrounding land from appropriations for that
purpose | ||||||
19 | without regard to any fiscal year
limitations.
| ||||||
20 | Lease payments may be made under the sale and leaseback | ||||||
21 | provisions of
Section 7.5 of the State Property Control Act | ||||||
22 | with
respect to the
Illinois State Toll Highway Authority | ||||||
23 | headquarters building and surrounding
land
without regard to | ||||||
24 | any fiscal year
limitations.
| ||||||
25 | Liability self-insurance payments under item (11) of 20 | ||||||
26 | ILCS 405/405-105 and State employee indemnification payments |
| |||||||
| |||||||
1 | under item (12) of 20 ILCS 405/405-105 may be made by the | ||||||
2 | Department of Central Management
Services from appropriations | ||||||
3 | for those respective
purposes without regard to any fiscal year
| ||||||
4 | limitations. | ||||||
5 | (c) Further, payments may be made by the Department of | ||||||
6 | Public Health and the
Department of Human Services (acting as | ||||||
7 | successor to the Department of Public
Health under the | ||||||
8 | Department of Human Services Act)
from their respective | ||||||
9 | appropriations for grants for medical care to or on
behalf of | ||||||
10 | persons
suffering from chronic renal disease, persons | ||||||
11 | suffering from hemophilia, rape
victims, and premature and | ||||||
12 | high-mortality risk infants and their mothers and
for grants | ||||||
13 | for supplemental food supplies provided under the United States
| ||||||
14 | Department of Agriculture Women, Infants and Children | ||||||
15 | Nutrition Program,
for any fiscal year without regard to the | ||||||
16 | fact that the services being
compensated for by such payment | ||||||
17 | may have been rendered in a prior fiscal year.
| ||||||
18 | (d) The Department of Public Health and the Department of | ||||||
19 | Human Services
(acting as successor to the Department of Public | ||||||
20 | Health under the Department of
Human Services Act) shall each | ||||||
21 | annually submit to the State Comptroller, Senate
President, | ||||||
22 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
23 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
24 | the
Appropriations Committees of the Senate and the House, on | ||||||
25 | or before
December 31, a report of fiscal year funds used to | ||||||
26 | pay for services
provided in any prior fiscal year. This report |
| |||||||
| |||||||
1 | shall document by program or
service category those | ||||||
2 | expenditures from the most recently completed fiscal
year used | ||||||
3 | to pay for services provided in prior fiscal years.
| ||||||
4 | (e) The Department of Healthcare and Family Services, the | ||||||
5 | Department of Human Services
(acting as successor to the | ||||||
6 | Department of Public Aid), and the Department of Human Services | ||||||
7 | making fee-for-service payments relating to substance abuse | ||||||
8 | treatment services provided during a previous fiscal year shall | ||||||
9 | each annually
submit to the State
Comptroller, Senate | ||||||
10 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
11 | Minority Leader, the respective Chairmen and Minority | ||||||
12 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
13 | the House, on or before November
30, a report that shall | ||||||
14 | document by program or service category those
expenditures from | ||||||
15 | the most recently completed fiscal year used to pay for (i)
| ||||||
16 | services provided in prior fiscal years and (ii) services for | ||||||
17 | which claims were
received in prior fiscal years.
| ||||||
18 | (f) The Department of Human Services (as successor to the | ||||||
19 | Department of
Public Aid) shall annually submit to the State
| ||||||
20 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
21 | of the House,
House Minority Leader, and the respective | ||||||
22 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
23 | Committees of the Senate and the House, on or before
December | ||||||
24 | 31, a report
of fiscal year funds used to pay for services | ||||||
25 | (other than medical care)
provided in any prior fiscal year. | ||||||
26 | This report shall document by program or
service category those |
| |||||||
| |||||||
1 | expenditures from the most recently completed fiscal
year used | ||||||
2 | to pay for services provided in prior fiscal years.
| ||||||
3 | (g) In addition, each annual report required to be | ||||||
4 | submitted by the
Department of Healthcare and Family Services | ||||||
5 | under subsection (e) shall include the following
information | ||||||
6 | with respect to the State's Medicaid program:
| ||||||
7 | (1) Explanations of the exact causes of the variance | ||||||
8 | between the previous
year's estimated and actual | ||||||
9 | liabilities.
| ||||||
10 | (2) Factors affecting the Department of Healthcare and | ||||||
11 | Family Services' liabilities,
including but not limited to | ||||||
12 | numbers of aid recipients, levels of medical
service | ||||||
13 | utilization by aid recipients, and inflation in the cost of | ||||||
14 | medical
services.
| ||||||
15 | (3) The results of the Department's efforts to combat | ||||||
16 | fraud and abuse.
| ||||||
17 | (h) As provided in Section 4 of the General Assembly | ||||||
18 | Compensation Act,
any utility bill for service provided to a | ||||||
19 | General Assembly
member's district office for a period | ||||||
20 | including portions of 2 consecutive
fiscal years may be paid | ||||||
21 | from funds appropriated for such expenditure in
either fiscal | ||||||
22 | year.
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23 | (i) An agency which administers a fund classified by the | ||||||
24 | Comptroller as an
internal service fund may issue rules for:
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25 | (1) billing user agencies in advance for payments or | ||||||
26 | authorized inter-fund transfers
based on estimated charges |
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1 | for goods or services;
| ||||||
2 | (2) issuing credits, refunding through inter-fund | ||||||
3 | transfers, or reducing future inter-fund transfers
during
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4 | the subsequent fiscal year for all user agency payments or | ||||||
5 | authorized inter-fund transfers received during the
prior | ||||||
6 | fiscal year which were in excess of the final amounts owed | ||||||
7 | by the user
agency for that period; and
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8 | (3) issuing catch-up billings to user agencies
during | ||||||
9 | the subsequent fiscal year for amounts remaining due when | ||||||
10 | payments or authorized inter-fund transfers
received from | ||||||
11 | the user agency during the prior fiscal year were less than | ||||||
12 | the
total amount owed for that period.
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13 | User agencies are authorized to reimburse internal service | ||||||
14 | funds for catch-up
billings by vouchers drawn against their | ||||||
15 | respective appropriations for the
fiscal year in which the | ||||||
16 | catch-up billing was issued or by increasing an authorized | ||||||
17 | inter-fund transfer during the current fiscal year. For the | ||||||
18 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
19 | without the use of the voucher-warrant process, as authorized | ||||||
20 | by Section 9.01 of the State Comptroller Act.
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21 | (Source: P.A. 95-331, eff. 8-21-07.)
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