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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,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||||||||||||||||||||
5 | Section 25 as follows:
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6 | (30 ILCS 105/25) (from Ch. 127, par. 161)
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7 | Sec. 25. Fiscal year limitations.
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8 | (a) All appropriations shall be
available for expenditure | ||||||||||||||||||||||||
9 | for the fiscal year or for a lesser period if the
Act making | ||||||||||||||||||||||||
10 | that appropriation so specifies. A deficiency or emergency
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11 | appropriation shall be available for expenditure only through | ||||||||||||||||||||||||
12 | June 30 of
the year when the Act making that appropriation is | ||||||||||||||||||||||||
13 | enacted unless that Act
otherwise provides.
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14 | (b) Outstanding liabilities as of June 30, payable from | ||||||||||||||||||||||||
15 | appropriations
which have otherwise expired, may be paid out of | ||||||||||||||||||||||||
16 | the expiring
appropriations during the 2-month period ending at | ||||||||||||||||||||||||
17 | the
close of business on August 31. Any service involving
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18 | professional or artistic skills or any personal services by an | ||||||||||||||||||||||||
19 | employee whose
compensation is subject to income tax | ||||||||||||||||||||||||
20 | withholding must be performed as of June
30 of the fiscal year | ||||||||||||||||||||||||
21 | in order to be considered an "outstanding liability as of
June | ||||||||||||||||||||||||
22 | 30" that is thereby eligible for payment out of the expiring
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23 | appropriation.
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1 | (b-1) However, payment of tuition reimbursement claims | ||||||
2 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
3 | the State Board of Education from its
appropriations for those | ||||||
4 | respective purposes for any fiscal year, even though
the claims | ||||||
5 | reimbursed by the payment may be claims attributable to a prior
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6 | fiscal year, and payments may be made at the direction of the | ||||||
7 | State
Superintendent of Education from the fund from which the | ||||||
8 | appropriation is made
without regard to any fiscal year | ||||||
9 | limitations , except as required by subsection (j) of this | ||||||
10 | Section. Beginning on June 30, 2015, payment of tuition | ||||||
11 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
12 | School Code as of June 30, payable from appropriations that | ||||||
13 | have otherwise expired, may be paid out of the expiring | ||||||
14 | appropriation during the 3-month period ending at the close of | ||||||
15 | business on September 30 .
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16 | (b-2) Medical payments may be made by the Department of | ||||||
17 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
18 | for any fiscal year, without regard to the
fact that the | ||||||
19 | medical services being compensated for by such payment may have
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20 | been rendered in a prior fiscal year , except as required by | ||||||
21 | subsection (j) of this Section. Beginning on June 30, 2015, | ||||||
22 | medical payments payable from appropriations that have | ||||||
23 | otherwise expired may be paid out of the expiring appropriation | ||||||
24 | during the 3-month period ending at the close of business on | ||||||
25 | September 30 .
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26 | (b-3) Medical payments may be made by the Department of |
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1 | Healthcare and Family Services and medical payments and child | ||||||
2 | care
payments may be made by the Department of
Human Services | ||||||
3 | (as successor to the Department of Public Aid) from
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4 | appropriations for those purposes for any fiscal year,
without | ||||||
5 | regard to the fact that the medical or child care services | ||||||
6 | being
compensated for by such payment may have been rendered in | ||||||
7 | a prior fiscal
year; and payments may be made at the direction | ||||||
8 | of the Department of
Central Management Services from the | ||||||
9 | Health Insurance Reserve Fund and the
Local Government Health | ||||||
10 | Insurance Reserve Fund without regard to any fiscal
year | ||||||
11 | limitations , except as required by subsection (j) of this | ||||||
12 | Section. Beginning on June 30, 2015, medical payments made by | ||||||
13 | the Department of Healthcare and Family Services and child care | ||||||
14 | payments made by the Department of Human Services payable from | ||||||
15 | appropriations that have otherwise expired may be paid out of | ||||||
16 | the expiring appropriation during the 3-month period ending at | ||||||
17 | the close of business on September 30 .
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18 | (b-4) Medical payments may be made by the Department of | ||||||
19 | Human Services from its appropriations relating to substance | ||||||
20 | abuse treatment services for any fiscal year, without regard to | ||||||
21 | the fact that the medical services being compensated for by | ||||||
22 | such payment may have been rendered in a prior fiscal year, | ||||||
23 | provided the payments are made on a fee-for-service basis | ||||||
24 | consistent with requirements established for Medicaid | ||||||
25 | reimbursement by the Department of Healthcare and Family | ||||||
26 | Services , except as required by subsection (j) of this Section. |
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1 | Beginning on June 30, 2015, medical payments made by the | ||||||
2 | Department of Human Services relating to substance abuse | ||||||
3 | treatment services payable from appropriations that have | ||||||
4 | otherwise expired may be paid out of the expiring appropriation | ||||||
5 | during the 3-month period ending at the close of business on | ||||||
6 | September 30 . | ||||||
7 | (b-5) Additionally, payments may be made by the Department | ||||||
8 | of Human Services from
its appropriations, or any other State | ||||||
9 | agency from its appropriations with
the approval of the | ||||||
10 | Department of Human Services, from the Immigration Reform
and | ||||||
11 | Control Fund for purposes authorized pursuant to the | ||||||
12 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
13 | any fiscal year limitations , except as required by subsection | ||||||
14 | (j) of this Section. Beginning on June 30, 2015, payments made | ||||||
15 | by the Department of Human Services from the Immigration Reform | ||||||
16 | and Control Fund for purposes authorized pursuant to the | ||||||
17 | Immigration Reform and Control Act of 1986 payable from | ||||||
18 | appropriations that have otherwise expired may be paid out of | ||||||
19 | the expiring appropriation during the 3-month period ending at | ||||||
20 | the close of business on September 30 .
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21 | Further, with respect to costs incurred in fiscal years | ||||||
22 | 2002 and 2003 only,
payments may be made by the State Treasurer | ||||||
23 | from its
appropriations
from the Capital Litigation Trust Fund | ||||||
24 | without regard to any fiscal year
limitations.
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25 | Lease payments may be made by the Department of Central | ||||||
26 | Management
Services under the sale and leaseback provisions of
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1 | Section 7.4 of
the State Property Control Act with respect to | ||||||
2 | the James R. Thompson Center and
the
Elgin Mental Health Center | ||||||
3 | and surrounding land from appropriations for that
purpose | ||||||
4 | without regard to any fiscal year
limitations.
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5 | Lease payments may be made under the sale and leaseback | ||||||
6 | provisions of
Section 7.5 of the State Property Control Act | ||||||
7 | with
respect to the
Illinois State Toll Highway Authority | ||||||
8 | headquarters building and surrounding
land
without regard to | ||||||
9 | any fiscal year
limitations.
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10 | (c) Further, payments may be made by the Department of | ||||||
11 | Public Health and the
Department of Human Services (acting as | ||||||
12 | successor to the Department of Public
Health under the | ||||||
13 | Department of Human Services Act)
from their respective | ||||||
14 | appropriations for grants for medical care to or on
behalf of | ||||||
15 | persons
suffering from chronic renal disease, persons | ||||||
16 | suffering from hemophilia, rape
victims, and premature and | ||||||
17 | high-mortality risk infants and their mothers and
for grants | ||||||
18 | for supplemental food supplies provided under the United States
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19 | Department of Agriculture Women, Infants and Children | ||||||
20 | Nutrition Program,
for any fiscal year without regard to the | ||||||
21 | fact that the services being
compensated for by such payment | ||||||
22 | may have been rendered in a prior fiscal year , except as | ||||||
23 | required by subsection (j) of this Section. Beginning on June | ||||||
24 | 30, 2015, payments made by the Department of Public Health and | ||||||
25 | the Department of Human Services from their respective | ||||||
26 | appropriations for grants for medical care to or on behalf of |
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1 | persons suffering from chronic renal disease, persons | ||||||
2 | suffering from hemophilia, rape victims, and premature and | ||||||
3 | high-mortality risk infants and their mothers and for grants | ||||||
4 | for supplemental food supplies provided under the United States | ||||||
5 | Department of Agriculture Women, Infants and Children | ||||||
6 | Nutrition Program payable from appropriations that have | ||||||
7 | otherwise expired may be paid out of the expiring | ||||||
8 | appropriations during the 3-month period ending at the close of | ||||||
9 | business on September 30 .
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10 | (d) The Department of Public Health and the Department of | ||||||
11 | Human Services
(acting as successor to the Department of Public | ||||||
12 | Health under the Department of
Human Services Act) shall each | ||||||
13 | annually submit to the State Comptroller, Senate
President, | ||||||
14 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
15 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
16 | the
Appropriations Committees of the Senate and the House, on | ||||||
17 | or before
December 31, a report of fiscal year funds used to | ||||||
18 | pay for services
provided in any prior fiscal year. This report | ||||||
19 | shall document by program or
service category those | ||||||
20 | expenditures from the most recently completed fiscal
year used | ||||||
21 | to pay for services provided in prior fiscal years.
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22 | (e) The Department of Healthcare and Family Services, the | ||||||
23 | Department of Human Services
(acting as successor to the | ||||||
24 | Department of Public Aid), and the Department of Human Services | ||||||
25 | making fee-for-service payments relating to substance abuse | ||||||
26 | treatment services provided during a previous fiscal year shall |
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1 | each annually
submit to the State
Comptroller, Senate | ||||||
2 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
3 | Minority Leader, the respective Chairmen and Minority | ||||||
4 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
5 | the House, on or before November
30, a report that shall | ||||||
6 | document by program or service category those
expenditures from | ||||||
7 | the most recently completed fiscal year used to pay for (i)
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8 | services provided in prior fiscal years and (ii) services for | ||||||
9 | which claims were
received in prior fiscal years.
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10 | (f) The Department of Human Services (as successor to the | ||||||
11 | Department of
Public Aid) shall annually submit to the State
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12 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
13 | of the House,
House Minority Leader, and the respective | ||||||
14 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
15 | Committees of the Senate and the House, on or before
December | ||||||
16 | 31, a report
of fiscal year funds used to pay for services | ||||||
17 | (other than medical care)
provided in any prior fiscal year. | ||||||
18 | This report shall document by program or
service category those | ||||||
19 | expenditures from the most recently completed fiscal
year used | ||||||
20 | to pay for services provided in prior fiscal years.
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21 | (g) In addition, each annual report required to be | ||||||
22 | submitted by the
Department of Healthcare and Family Services | ||||||
23 | under subsection (e) shall include the following
information | ||||||
24 | with respect to the State's Medicaid program:
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25 | (1) Explanations of the exact causes of the variance | ||||||
26 | between the previous
year's estimated and actual |
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1 | liabilities.
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2 | (2) Factors affecting the Department of Healthcare and | ||||||
3 | Family Services' liabilities,
including but not limited to | ||||||
4 | numbers of aid recipients, levels of medical
service | ||||||
5 | utilization by aid recipients, and inflation in the cost of | ||||||
6 | medical
services.
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7 | (3) The results of the Department's efforts to combat | ||||||
8 | fraud and abuse.
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9 | (h) As provided in Section 4 of the General Assembly | ||||||
10 | Compensation Act,
any utility bill for service provided to a | ||||||
11 | General Assembly
member's district office for a period | ||||||
12 | including portions of 2 consecutive
fiscal years may be paid | ||||||
13 | from funds appropriated for such expenditure in
either fiscal | ||||||
14 | year.
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15 | (i) An agency which administers a fund classified by the | ||||||
16 | Comptroller as an
internal service fund may issue rules for:
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17 | (1) billing user agencies in advance for payments or | ||||||
18 | authorized inter-fund transfers
based on estimated charges | ||||||
19 | for goods or services;
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20 | (2) issuing credits, refunding through inter-fund | ||||||
21 | transfers, or reducing future inter-fund transfers
during
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22 | the subsequent fiscal year for all user agency payments or | ||||||
23 | authorized inter-fund transfers received during the
prior | ||||||
24 | fiscal year which were in excess of the final amounts owed | ||||||
25 | by the user
agency for that period; and
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26 | (3) issuing catch-up billings to user agencies
during |
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1 | the subsequent fiscal year for amounts remaining due when | ||||||
2 | payments or authorized inter-fund transfers
received from | ||||||
3 | the user agency during the prior fiscal year were less than | ||||||
4 | the
total amount owed for that period.
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5 | User agencies are authorized to reimburse internal service | ||||||
6 | funds for catch-up
billings by vouchers drawn against their | ||||||
7 | respective appropriations for the
fiscal year in which the | ||||||
8 | catch-up billing was issued or by increasing an authorized | ||||||
9 | inter-fund transfer during the current fiscal year. For the | ||||||
10 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
11 | without the use of the voucher-warrant process, as authorized | ||||||
12 | by Section 9.01 of the State Comptroller Act.
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13 | (j) Notwithstanding any other provision of this Act, the | ||||||
14 | aggregate amount of payments to be made without regard for | ||||||
15 | fiscal year limitations as contained in subsections (b-1), | ||||||
16 | (b-2), (b-3), (b-4), (b-5), and (c) of this Section, and | ||||||
17 | determined by using Generally Accepted Accounting Principles, | ||||||
18 | shall not exceed the following amounts: | ||||||
19 | (1) $2,500,000,000 as of October 1, 2010; | ||||||
20 | (2) $2,000,000,000 as of October 1, 2011; | ||||||
21 | (3) $1,500,000,000 as of October 1, 2012; | ||||||
22 | (4) $1,000,000,000 as of October 1, 2013; | ||||||
23 | (5) $500,000,000 as of October 1, 2014; and | ||||||
24 | (6) $0 as of October 1, 2015 and thereafter. | ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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