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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, 2014 2021 , 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 4-month period ending at the close of | ||||||
15 | business on October 31.
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16 | (b-2) All outstanding liabilities as of June 30, 2010, | ||||||
17 | payable from appropriations that would otherwise expire at the | ||||||
18 | conclusion of the lapse period for fiscal year 2010, and | ||||||
19 | interest penalties payable on those liabilities under the State | ||||||
20 | Prompt Payment Act, may be paid out of the expiring | ||||||
21 | appropriations until December 31, 2010, without regard to the | ||||||
22 | fiscal year in which the payment is made, as long as vouchers | ||||||
23 | for the liabilities are received by the Comptroller no later | ||||||
24 | than August 31, 2010. | ||||||
25 | (b-2.5) All outstanding liabilities as of June 30, 2011, | ||||||
26 | payable from appropriations that would otherwise expire at the |
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1 | conclusion of the lapse period for fiscal year 2011, and | ||||||
2 | interest penalties payable on those liabilities under the State | ||||||
3 | Prompt Payment Act, may be paid out of the expiring | ||||||
4 | appropriations until December 31, 2011, without regard to the | ||||||
5 | fiscal year in which the payment is made, as long as vouchers | ||||||
6 | for the liabilities are received by the Comptroller no later | ||||||
7 | than August 31, 2011. | ||||||
8 | (b-3) Medical payments may be made by the Department of | ||||||
9 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
10 | for any fiscal year, without regard to the
fact that the | ||||||
11 | medical services being compensated for by such payment may have
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12 | been rendered in a prior fiscal year, except as required by | ||||||
13 | subsection (j) of this Section. Beginning on June 30, 2014 | ||||||
14 | 2021 , medical payments payable from appropriations that have | ||||||
15 | otherwise expired may be paid out of the expiring appropriation | ||||||
16 | during the 4-month period ending at the close of business on | ||||||
17 | October 31.
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18 | (b-4) Medical payments may be made by the Department of | ||||||
19 | Healthcare and Family Services and medical payments and child | ||||||
20 | care
payments may be made by the Department of
Human Services | ||||||
21 | (as successor to the Department of Public Aid) from
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22 | appropriations for those purposes for any fiscal year,
without | ||||||
23 | regard to the fact that the medical or child care services | ||||||
24 | being
compensated for by such payment may have been rendered in | ||||||
25 | a prior fiscal
year; and payments may be made at the direction | ||||||
26 | of the Department of
Healthcare and Family Services from the |
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1 | Health Insurance Reserve Fund and the
Local Government Health | ||||||
2 | Insurance Reserve Fund without regard to any fiscal
year | ||||||
3 | limitations, except as required by subsection (j) of this | ||||||
4 | Section. Beginning on June 30, 2014 2021 , medical payments made | ||||||
5 | by the Department of Healthcare and Family Services, child care | ||||||
6 | payments made by the Department of Human Services, and payments | ||||||
7 | made at the discretion of the Department of Healthcare and | ||||||
8 | Family Services from the Health Insurance Reserve Fund and the | ||||||
9 | Local Government Health Insurance Reserve Fund payable from | ||||||
10 | appropriations that have otherwise expired may be paid out of | ||||||
11 | the expiring appropriation during the 4-month period ending at | ||||||
12 | the close of business on October 31.
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13 | (b-5) Medical payments may be made by the Department of | ||||||
14 | Human Services from its appropriations relating to substance | ||||||
15 | abuse treatment services for any fiscal year, without regard to | ||||||
16 | the fact that the medical services being compensated for by | ||||||
17 | such payment may have been rendered in a prior fiscal year, | ||||||
18 | provided the payments are made on a fee-for-service basis | ||||||
19 | consistent with requirements established for Medicaid | ||||||
20 | reimbursement by the Department of Healthcare and Family | ||||||
21 | Services, except as required by subsection (j) of this Section. | ||||||
22 | Beginning on June 30, 2014 2021 , medical payments made by the | ||||||
23 | Department of Human Services relating to substance abuse | ||||||
24 | treatment services payable from appropriations that have | ||||||
25 | otherwise expired may be paid out of the expiring appropriation | ||||||
26 | during the 4-month period ending at the close of business on |
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1 | October 31. | ||||||
2 | (b-6) Additionally, payments may be made by the Department | ||||||
3 | of Human Services from
its appropriations, or any other State | ||||||
4 | agency from its appropriations with
the approval of the | ||||||
5 | Department of Human Services, from the Immigration Reform
and | ||||||
6 | Control Fund for purposes authorized pursuant to the | ||||||
7 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
8 | any fiscal year limitations, except as required by subsection | ||||||
9 | (j) of this Section. Beginning on June 30, 2014 2021 , payments | ||||||
10 | made by the Department of Human Services from the Immigration | ||||||
11 | Reform and Control Fund for purposes authorized pursuant to the | ||||||
12 | Immigration Reform and Control Act of 1986 payable from | ||||||
13 | appropriations that have otherwise expired may be paid out of | ||||||
14 | the expiring appropriation during the 4-month period ending at | ||||||
15 | the close of business on October 31.
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16 | (b-7) Payments may be made in accordance with a plan | ||||||
17 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
18 | Department of Central Management Services Law from | ||||||
19 | appropriations for those payments without regard to fiscal year | ||||||
20 | limitations. | ||||||
21 | (c) Further, payments may be made by the Department of | ||||||
22 | Public Health, the
Department of Human Services (acting as | ||||||
23 | successor to the Department of Public
Health under the | ||||||
24 | Department of Human Services Act), and the Department of | ||||||
25 | Healthcare and Family 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
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5 | Department of Agriculture Women, Infants and Children | ||||||
6 | Nutrition Program,
for any fiscal year without regard to the | ||||||
7 | fact that the services being
compensated for by such payment | ||||||
8 | may have been rendered in a prior fiscal year, except as | ||||||
9 | required by subsection (j) of this Section. Beginning on June | ||||||
10 | 30, 2014 2021 , payments made by the Department of Public | ||||||
11 | Health, the Department of Human Services, and the Department of | ||||||
12 | Healthcare and Family Services from their respective | ||||||
13 | appropriations for grants for medical care to or on behalf of | ||||||
14 | persons suffering from chronic renal disease, persons | ||||||
15 | suffering from hemophilia, rape victims, and premature and | ||||||
16 | high-mortality risk infants and their mothers and for grants | ||||||
17 | for supplemental food supplies provided under the United States | ||||||
18 | Department of Agriculture Women, Infants and Children | ||||||
19 | Nutrition Program payable from appropriations that have | ||||||
20 | otherwise expired may be paid out of the expiring | ||||||
21 | appropriations during the 4-month period ending at the close of | ||||||
22 | business on October 31.
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23 | (d) The Department of Public Health and the Department of | ||||||
24 | Human Services
(acting as successor to the Department of Public | ||||||
25 | Health under the Department of
Human Services Act) shall each | ||||||
26 | annually submit to the State Comptroller, Senate
President, |
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1 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
2 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
3 | the
Appropriations Committees of the Senate and the House, on | ||||||
4 | or before
December 31, a report of fiscal year funds used to | ||||||
5 | pay for services
provided in any prior fiscal year. This report | ||||||
6 | shall document by program or
service category those | ||||||
7 | expenditures from the most recently completed fiscal
year used | ||||||
8 | to pay for services provided in prior fiscal years.
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9 | (e) The Department of Healthcare and Family Services, the | ||||||
10 | Department of Human Services
(acting as successor to the | ||||||
11 | Department of Public Aid), and the Department of Human Services | ||||||
12 | making fee-for-service payments relating to substance abuse | ||||||
13 | treatment services provided during a previous fiscal year shall | ||||||
14 | each annually
submit to the State
Comptroller, Senate | ||||||
15 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
16 | Minority Leader, the respective Chairmen and Minority | ||||||
17 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
18 | the House, on or before November
30, a report that shall | ||||||
19 | document by program or service category those
expenditures from | ||||||
20 | the most recently completed fiscal year used to pay for (i)
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21 | services provided in prior fiscal years and (ii) services for | ||||||
22 | which claims were
received in prior fiscal years.
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23 | (f) The Department of Human Services (as successor to the | ||||||
24 | Department of
Public Aid) shall annually submit to the State
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25 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
26 | of the House,
House Minority Leader, and the respective |
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1 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
2 | Committees of the Senate and the House, on or before
December | ||||||
3 | 31, a report
of fiscal year funds used to pay for services | ||||||
4 | (other than medical care)
provided in any prior fiscal year. | ||||||
5 | This report shall document by program or
service category those | ||||||
6 | expenditures from the most recently completed fiscal
year used | ||||||
7 | to pay for services provided in prior fiscal years.
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8 | (g) In addition, each annual report required to be | ||||||
9 | submitted by the
Department of Healthcare and Family Services | ||||||
10 | under subsection (e) shall include the following
information | ||||||
11 | with respect to the State's Medicaid program:
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12 | (1) Explanations of the exact causes of the variance | ||||||
13 | between the previous
year's estimated and actual | ||||||
14 | liabilities.
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15 | (2) Factors affecting the Department of Healthcare and | ||||||
16 | Family Services' liabilities,
including but not limited to | ||||||
17 | numbers of aid recipients, levels of medical
service | ||||||
18 | utilization by aid recipients, and inflation in the cost of | ||||||
19 | medical
services.
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20 | (3) The results of the Department's efforts to combat | ||||||
21 | fraud and abuse.
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22 | (h) As provided in Section 4 of the General Assembly | ||||||
23 | Compensation Act,
any utility bill for service provided to a | ||||||
24 | General Assembly
member's district office for a period | ||||||
25 | including portions of 2 consecutive
fiscal years may be paid | ||||||
26 | from funds appropriated for such expenditure in
either fiscal |
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1 | year.
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2 | (i) An agency which administers a fund classified by the | ||||||
3 | Comptroller as an
internal service fund may issue rules for:
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4 | (1) billing user agencies in advance for payments or | ||||||
5 | authorized inter-fund transfers
based on estimated charges | ||||||
6 | for goods or services;
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7 | (2) issuing credits, refunding through inter-fund | ||||||
8 | transfers, or reducing future inter-fund transfers
during
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9 | the subsequent fiscal year for all user agency payments or | ||||||
10 | authorized inter-fund transfers received during the
prior | ||||||
11 | fiscal year which were in excess of the final amounts owed | ||||||
12 | by the user
agency for that period; and
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13 | (3) issuing catch-up billings to user agencies
during | ||||||
14 | the subsequent fiscal year for amounts remaining due when | ||||||
15 | payments or authorized inter-fund transfers
received from | ||||||
16 | the user agency during the prior fiscal year were less than | ||||||
17 | the
total amount owed for that period.
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18 | User agencies are authorized to reimburse internal service | ||||||
19 | funds for catch-up
billings by vouchers drawn against their | ||||||
20 | respective appropriations for the
fiscal year in which the | ||||||
21 | catch-up billing was issued or by increasing an authorized | ||||||
22 | inter-fund transfer during the current fiscal year. For the | ||||||
23 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
24 | without the use of the voucher-warrant process, as authorized | ||||||
25 | by Section 9.01 of the State Comptroller Act.
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26 | (i-1) Beginning on July 1, 2014 2021 , all outstanding |
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1 | liabilities, not payable during the 4-month lapse period as | ||||||
2 | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | ||||||
3 | (c) of this Section, that are made from appropriations for that | ||||||
4 | purpose for any fiscal year, without regard to the fact that | ||||||
5 | the services being compensated for by those payments may have | ||||||
6 | been rendered in a prior fiscal year, are limited to only those | ||||||
7 | claims that have been incurred but for which a proper bill or | ||||||
8 | invoice as defined by the State Prompt Payment Act has not been | ||||||
9 | received by September 30th following the end of the fiscal year | ||||||
10 | in which the service was rendered. | ||||||
11 | (j) Notwithstanding any other provision of this Act, the | ||||||
12 | aggregate amount of payments to be made without regard for | ||||||
13 | fiscal year limitations as contained in subsections (b-1), | ||||||
14 | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||||||
15 | determined by using Generally Accepted Accounting Principles, | ||||||
16 | shall not exceed the following amounts: | ||||||
17 | (1) $2,000,000,000 $6,000,000,000 for outstanding | ||||||
18 | liabilities related to fiscal year 2013 2012 ; | ||||||
19 | (2) (blank) $5,300,000,000 for outstanding liabilities | ||||||
20 | related to fiscal year 2013 ; | ||||||
21 | (3) (blank) $4,600,000,000 for outstanding liabilities | ||||||
22 | related to fiscal year 2014 ; | ||||||
23 | (4) (blank) $4,000,000,000 for outstanding liabilities | ||||||
24 | related to fiscal year 2015 ; | ||||||
25 | (5) (blank) $3,300,000,000 for outstanding liabilities | ||||||
26 | related to fiscal year 2016 ; |
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1 | (6) (blank) $2,600,000,000 for outstanding liabilities | ||||||
2 | related to fiscal year 2017 ; | ||||||
3 | (7) (blank) $2,000,000,000 for outstanding liabilities | ||||||
4 | related to fiscal year 2018 ; | ||||||
5 | (8) (blank) $1,300,000,000 for outstanding liabilities | ||||||
6 | related to fiscal year 2019 ; | ||||||
7 | (9) (blank) $600,000,000 for outstanding liabilities | ||||||
8 | related to fiscal year 2020 ; and | ||||||
9 | (10) $0 for outstanding liabilities related to fiscal | ||||||
10 | year 2014 2021 and fiscal years thereafter. | ||||||
11 | (Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10; | ||||||
12 | 96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff. | ||||||
13 | 8-12-11.)
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