Sen. John J. Cullerton

Filed: 5/27/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3188

2    AMENDMENT NO. ______. Amend House Bill 3188, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The State Finance Act is amended by changing
6Section 25 as follows:
 
7    (30 ILCS 105/25)  (from Ch. 127, par. 161)
8    Sec. 25. Fiscal year limitations.
9    (a) All appropriations shall be available for expenditure
10for the fiscal year or for a lesser period if the Act making
11that appropriation so specifies. A deficiency or emergency
12appropriation shall be available for expenditure only through
13June 30 of the year when the Act making that appropriation is
14enacted unless that Act otherwise provides.
15    (b) Outstanding liabilities as of June 30, payable from
16appropriations which have otherwise expired, may be paid out of

 

 

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1the expiring appropriations during the 2-month period ending at
2the close of business on August 31. Any service involving
3professional or artistic skills or any personal services by an
4employee whose compensation is subject to income tax
5withholding must be performed as of June 30 of the fiscal year
6in order to be considered an "outstanding liability as of June
730" that is thereby eligible for payment out of the expiring
8appropriation.
9    (b-1) However, payment of tuition reimbursement claims
10under Section 14-7.03 or 18-3 of the School Code may be made by
11the State Board of Education from its appropriations for those
12respective purposes for any fiscal year, even though the claims
13reimbursed by the payment may be claims attributable to a prior
14fiscal year, and payments may be made at the direction of the
15State Superintendent of Education from the fund from which the
16appropriation is made without regard to any fiscal year
17limitations, except as required by subsection (j) of this
18Section. Beginning on June 30, 2021, payment of tuition
19reimbursement claims under Section 14-7.03 or 18-3 of the
20School Code as of June 30, payable from appropriations that
21have otherwise expired, may be paid out of the expiring
22appropriation during the 4-month period ending at the close of
23business on October 31.
24    (b-2) All outstanding liabilities as of June 30, 2010,
25payable from appropriations that would otherwise expire at the
26conclusion of the lapse period for fiscal year 2010, and

 

 

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1interest penalties payable on those liabilities under the State
2Prompt Payment Act, may be paid out of the expiring
3appropriations until December 31, 2010, without regard to the
4fiscal year in which the payment is made, as long as vouchers
5for the liabilities are received by the Comptroller no later
6than August 31, 2010.
7    (b-2.5) All outstanding liabilities as of June 30, 2011,
8payable from appropriations that would otherwise expire at the
9conclusion of the lapse period for fiscal year 2011, and
10interest penalties payable on those liabilities under the State
11Prompt Payment Act, may be paid out of the expiring
12appropriations until December 31, 2011, without regard to the
13fiscal year in which the payment is made, as long as vouchers
14for the liabilities are received by the Comptroller no later
15than August 31, 2011.
16    (b-3) Medical payments may be made by the Department of
17Veterans' Affairs from its appropriations for those purposes
18for any fiscal year, without regard to the fact that the
19medical services being compensated for by such payment may have
20been rendered in a prior fiscal year, except as required by
21subsection (j) of this Section. Beginning on June 30, 2021,
22medical payments payable from appropriations that have
23otherwise expired may be paid out of the expiring appropriation
24during the 4-month period ending at the close of business on
25October 31.
26    (b-4) Medical payments may be made by the Department of

 

 

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1Healthcare and Family Services and medical payments and child
2care payments may be made by the Department of Human Services
3(as successor to the Department of Public Aid) from
4appropriations for those purposes for any fiscal year, without
5regard to the fact that the medical or child care services
6being compensated for by such payment may have been rendered in
7a prior fiscal year; and payments may be made at the direction
8of the Department of Healthcare and Family Services from the
9Health Insurance Reserve Fund and the Local Government Health
10Insurance Reserve Fund without regard to any fiscal year
11limitations, except as required by subsection (j) of this
12Section. Beginning on June 30, 2021, medical payments made by
13the Department of Healthcare and Family Services, child care
14payments made by the Department of Human Services, and payments
15made at the discretion of the Department of Healthcare and
16Family Services from the Health Insurance Reserve Fund and the
17Local Government Health Insurance Reserve Fund payable from
18appropriations that have otherwise expired may be paid out of
19the expiring appropriation during the 4-month period ending at
20the close of business on October 31.
21    (b-5) Medical payments may be made by the Department of
22Human Services from its appropriations relating to substance
23abuse treatment services for any fiscal year, without regard to
24the fact that the medical services being compensated for by
25such payment may have been rendered in a prior fiscal year,
26provided the payments are made on a fee-for-service basis

 

 

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1consistent with requirements established for Medicaid
2reimbursement by the Department of Healthcare and Family
3Services, except as required by subsection (j) of this Section.
4Beginning on June 30, 2021, medical payments made by the
5Department of Human Services relating to substance abuse
6treatment services payable from appropriations that have
7otherwise expired may be paid out of the expiring appropriation
8during the 4-month period ending at the close of business on
9October 31.
10    (b-6) Additionally, payments may be made by the Department
11of Human Services from its appropriations, or any other State
12agency from its appropriations with the approval of the
13Department of Human Services, from the Immigration Reform and
14Control Fund for purposes authorized pursuant to the
15Immigration Reform and Control Act of 1986, without regard to
16any fiscal year limitations, except as required by subsection
17(j) of this Section. Beginning on June 30, 2021, payments made
18by the Department of Human Services from the Immigration Reform
19and Control Fund for purposes authorized pursuant to the
20Immigration Reform and Control Act of 1986 payable from
21appropriations that have otherwise expired may be paid out of
22the expiring appropriation during the 4-month period ending at
23the close of business on October 31.
24    (b-7) Payments may be made in accordance with a plan
25authorized by paragraph (11) or (12) of Section 405-105 of the
26Department of Central Management Services Law from

 

 

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1appropriations for those payments without regard to fiscal year
2limitations.
3    (c) Further, payments may be made by the Department of
4Public Health, the Department of Human Services (acting as
5successor to the Department of Public Health under the
6Department of Human Services Act), and the Department of
7Healthcare and Family Services from their respective
8appropriations for grants for medical care to or on behalf of
9persons suffering from chronic renal disease, persons
10suffering from hemophilia, rape victims, and premature and
11high-mortality risk infants and their mothers and for grants
12for supplemental food supplies provided under the United States
13Department of Agriculture Women, Infants and Children
14Nutrition Program, for any fiscal year without regard to the
15fact that the services being compensated for by such payment
16may have been rendered in a prior fiscal year, except as
17required by subsection (j) of this Section. Beginning on June
1830, 2021, payments made by the Department of Public Health, the
19Department of Human Services, and the Department of Healthcare
20and Family Services from their respective appropriations for
21grants for medical care to or on behalf of persons suffering
22from chronic renal disease, persons suffering from hemophilia,
23rape victims, and premature and high-mortality risk infants and
24their mothers and for grants for supplemental food supplies
25provided under the United States Department of Agriculture
26Women, Infants and Children Nutrition Program payable from

 

 

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1appropriations that have otherwise expired may be paid out of
2the expiring appropriations during the 4-month period ending at
3the close of business on October 31.
4    (d) The Department of Public Health and the Department of
5Human Services (acting as successor to the Department of Public
6Health under the Department of Human Services Act) shall each
7annually submit to the State Comptroller, Senate President,
8Senate Minority Leader, Speaker of the House, House Minority
9Leader, and the respective Chairmen and Minority Spokesmen of
10the Appropriations Committees of the Senate and the House, on
11or before December 31, a report of fiscal year funds used to
12pay for services provided in any prior fiscal year. This report
13shall document by program or service category those
14expenditures from the most recently completed fiscal year used
15to pay for services provided in prior fiscal years.
16    (e) The Department of Healthcare and Family Services, the
17Department of Human Services (acting as successor to the
18Department of Public Aid), and the Department of Human Services
19making fee-for-service payments relating to substance abuse
20treatment services provided during a previous fiscal year shall
21each annually submit to the State Comptroller, Senate
22President, Senate Minority Leader, Speaker of the House, House
23Minority Leader, the respective Chairmen and Minority
24Spokesmen of the Appropriations Committees of the Senate and
25the House, on or before November 30, a report that shall
26document by program or service category those expenditures from

 

 

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1the most recently completed fiscal year used to pay for (i)
2services provided in prior fiscal years and (ii) services for
3which claims were received in prior fiscal years.
4    (f) The Department of Human Services (as successor to the
5Department of Public Aid) shall annually submit to the State
6Comptroller, Senate President, Senate Minority Leader, Speaker
7of the House, House Minority Leader, and the respective
8Chairmen and Minority Spokesmen of the Appropriations
9Committees of the Senate and the House, on or before December
1031, a report of fiscal year funds used to pay for services
11(other than medical care) provided in any prior fiscal year.
12This report shall document by program or service category those
13expenditures from the most recently completed fiscal year used
14to pay for services provided in prior fiscal years.
15    (g) In addition, each annual report required to be
16submitted by the Department of Healthcare and Family Services
17under subsection (e) shall include the following information
18with respect to the State's Medicaid program:
19        (1) Explanations of the exact causes of the variance
20    between the previous year's estimated and actual
21    liabilities.
22        (2) Factors affecting the Department of Healthcare and
23    Family Services' liabilities, including but not limited to
24    numbers of aid recipients, levels of medical service
25    utilization by aid recipients, and inflation in the cost of
26    medical services.

 

 

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1        (3) The results of the Department's efforts to combat
2    fraud and abuse.
3    (h) As provided in Section 4 of the General Assembly
4Compensation Act, any utility bill for service provided to a
5General Assembly member's district office for a period
6including portions of 2 consecutive fiscal years may be paid
7from funds appropriated for such expenditure in either fiscal
8year.
9    (i) An agency which administers a fund classified by the
10Comptroller as an internal service fund may issue rules for:
11        (1) billing user agencies in advance for payments or
12    authorized inter-fund transfers based on estimated charges
13    for goods or services;
14        (2) issuing credits, refunding through inter-fund
15    transfers, or reducing future inter-fund transfers during
16    the subsequent fiscal year for all user agency payments or
17    authorized inter-fund transfers received during the prior
18    fiscal year which were in excess of the final amounts owed
19    by the user agency for that period; and
20        (3) issuing catch-up billings to user agencies during
21    the subsequent fiscal year for amounts remaining due when
22    payments or authorized inter-fund transfers received from
23    the user agency during the prior fiscal year were less than
24    the total amount owed for that period.
25User agencies are authorized to reimburse internal service
26funds for catch-up billings by vouchers drawn against their

 

 

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1respective appropriations for the fiscal year in which the
2catch-up billing was issued or by increasing an authorized
3inter-fund transfer during the current fiscal year. For the
4purposes of this Act, "inter-fund transfers" means transfers
5without the use of the voucher-warrant process, as authorized
6by Section 9.01 of the State Comptroller Act.
7    (i-1) Beginning on July 1, 2021, all outstanding
8liabilities, not payable during the 4-month lapse period as
9described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
10(c) of this Section, that are made from appropriations for that
11purpose for any fiscal year, without regard to the fact that
12the services being compensated for by those payments may have
13been rendered in a prior fiscal year, are limited to only those
14claims that have been incurred but for which a proper bill or
15invoice as defined by the State Prompt Payment Act has not been
16received by September 30th following the end of the fiscal year
17in which the service was rendered.
18    (j) Notwithstanding any other provision of this Act, the
19aggregate amount of payments to be made without regard for
20fiscal year limitations as contained in subsections (b-1),
21(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
22determined by using Generally Accepted Accounting Principles,
23shall not exceed the following amounts:
24        (1) $6,000,000,000 for outstanding liabilities related
25    to fiscal year 2012;
26        (2) $5,300,000,000 for outstanding liabilities related

 

 

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1    to fiscal year 2013;
2        (3) $4,600,000,000 for outstanding liabilities related
3    to fiscal year 2014;
4        (4) $4,000,000,000 for outstanding liabilities related
5    to fiscal year 2015;
6        (5) $3,300,000,000 for outstanding liabilities related
7    to fiscal year 2016;
8        (6) $2,600,000,000 for outstanding liabilities related
9    to fiscal year 2017;
10        (7) $2,000,000,000 for outstanding liabilities related
11    to fiscal year 2018;
12        (8) $1,300,000,000 for outstanding liabilities related
13    to fiscal year 2019;
14        (9) $600,000,000 for outstanding liabilities related
15    to fiscal year 2020; and
16        (10) $0 for outstanding liabilities related to fiscal
17    year 2021 and fiscal years thereafter.
18(Source: P.A. 95-331, eff. 8-21-07; 96-928, eff. 6-15-10;
1996-958, eff. 7-1-10; 96-1501, eff. 1-25-11.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".