Illinois General Assembly - Full Text of SB0581
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Full Text of SB0581  102nd General Assembly

SB0581enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0581 EnrolledLRB102 13774 RJF 19124 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Regulatory Sunset Act is amended by
5changing Sections 4.32 and 4.34 as follows:
 
6    (5 ILCS 80/4.32)
7    Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9    The Boxing and Full-contact Martial Arts Act.
10    The Cemetery Oversight Act.
11    The Collateral Recovery Act.
12    The Community Association Manager Licensing and
13Disciplinary Act.
14    The Crematory Regulation Act.
15    The Detection of Deception Examiners Act.
16    The Home Inspector License Act.
17    The Illinois Health Information Exchange and Technology
18Act.
19    The Medical Practice Act of 1987.
20    The Registered Interior Designers Act.
21    The Massage Licensing Act.
22    The Petroleum Equipment Contractors Licensing Act.
23    The Radiation Protection Act of 1990.

 

 

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1    The Real Estate Appraiser Licensing Act of 2002.
2    The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
 
6    (5 ILCS 80/4.34)
7    Sec. 4.34. Acts and Section repealed on January 1, 2024.
8The following Acts and Section of an Act are repealed on
9January 1, 2024:
10        The Crematory Regulation Act.
11        The Electrologist Licensing Act.
12        The Illinois Certified Shorthand Reporters Act of
13    1984.
14        The Illinois Occupational Therapy Practice Act.
15        The Illinois Public Accounting Act.
16        The Private Detective, Private Alarm, Private
17    Security, Fingerprint Vendor, and Locksmith Act of 2004.
18        The Registered Surgical Assistant and Registered
19    Surgical Technologist Title Protection Act.
20        Section 2.5 of the Illinois Plumbing License Law.
21        The Veterinary Medicine and Surgery Practice Act of
22    2004.
23(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13;
2498-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff.
2512-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445,

 

 

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1eff. 12-31-13; 98-756, eff. 7-16-14.)
 
2    Section 5. The Voluntary Payroll Deductions Act of 1983 is
3amended by changing Sections 3, 5, and 7 as follows:
 
4    (5 ILCS 340/3)  (from Ch. 15, par. 503)
5    Sec. 3. Definitions. As used in this Act unless the
6context otherwise requires:
7    (a) "Employee" means any regular officer or employee who
8receives salary or wages for personal services rendered to the
9State of Illinois, and includes an individual hired as an
10employee by contract with that individual.
11    (b) "Qualified organization" means an organization
12representing one or more benefiting agencies, which
13organization is designated by the State Comptroller as
14qualified to receive payroll deductions under this Act. An
15organization desiring to be designated as a qualified
16organization shall:
17        (1) Submit written or electronic designations on forms
18    approved by the State Comptroller by 500 or more employees
19    or State annuitants, in which such employees or State
20    annuitants indicate that the organization is one for which
21    the employee or State annuitant intends to authorize
22    withholding. The forms shall require the name, last 4
23    digits only of the social security number, and employing
24    State agency for each employee. Upon notification by the

 

 

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1    Comptroller that such forms have been approved, the
2    organization shall, within 30 days, notify in writing the
3    Comptroller Governor or his or her designee of its
4    intention to obtain the required number of designations.
5    Such organization shall have 12 months from that date to
6    obtain the necessary designations and return to the State
7    Comptroller's office the completed designations, which
8    shall be subject to verification procedures established by
9    the State Comptroller;
10        (2) Certify that all benefiting agencies are tax
11    exempt under Section 501(c)(3) of the Internal Revenue
12    Code;
13        (3) Certify that all benefiting agencies are in
14    compliance with the Illinois Human Rights Act;
15        (4) Certify that all benefiting agencies are in
16    compliance with the Charitable Trust Act and the
17    Solicitation for Charity Act;
18        (5) Certify that all benefiting agencies actively
19    conduct health or welfare programs and provide services to
20    individuals directed at one or more of the following
21    common human needs within a community: service, research,
22    and education in the health fields; family and child care
23    services; protective services for children and adults;
24    services for children and adults in foster care; services
25    related to the management and maintenance of the home; day
26    care services for adults; transportation services;

 

 

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1    information, referral and counseling services; services to
2    eliminate illiteracy; the preparation and delivery of
3    meals; adoption services; emergency shelter care and
4    relief services; disaster relief services; safety
5    services; neighborhood and community organization
6    services; recreation services; social adjustment and
7    rehabilitation services; health support services; or a
8    combination of such services designed to meet the special
9    needs of specific groups, such as children and youth, the
10    ill and infirm, and persons with physical disabilities;
11    and that all such benefiting agencies provide the above
12    described services to individuals and their families in
13    the community and surrounding area in which the
14    organization conducts its fund drive, or that such
15    benefiting agencies provide relief to victims of natural
16    disasters and other emergencies on a where and as needed
17    basis;
18        (6) Certify that the organization has disclosed the
19    percentage of the organization's total collected receipts
20    from employees or State annuitants that are distributed to
21    the benefiting agencies and the percentage of the
22    organization's total collected receipts from employees or
23    State annuitants that are expended for fund-raising and
24    overhead costs. These percentages shall be the same
25    percentage figures annually disclosed by the organization
26    to the Attorney General. The disclosure shall be made to

 

 

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1    all solicited employees and State annuitants and shall be
2    in the form of a factual statement on all petitions and in
3    the campaign's brochures for employees and State
4    annuitants;
5        (7) Certify that all benefiting agencies receiving
6    funds which the employee or State annuitant has requested
7    or designated for distribution to a particular community
8    and surrounding area use a majority of such funds
9    distributed for services in the actual provision of
10    services in that community and surrounding area;
11        (8) Certify that neither it nor its member
12    organizations will solicit State employees for
13    contributions at their workplace, except pursuant to this
14    Act and the rules promulgated thereunder. Each qualified
15    organization, and each participating United Fund, is
16    encouraged to cooperate with all others and with all State
17    agencies and educational institutions so as to simplify
18    procedures, to resolve differences and to minimize costs;
19        (9) Certify that it will pay its share of the campaign
20    costs and will comply with the Code of Campaign Conduct as
21    approved by the Comptroller Governor or other agency as
22    designated by the Comptroller Governor; and
23        (10) Certify that it maintains a year-round office,
24    the telephone number, and person responsible for the
25    operations of the organization in Illinois. That
26    information shall be provided to the State Comptroller at

 

 

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1    the time the organization is seeking participation under
2    this Act.
3    Each qualified organization shall submit to the State
4Comptroller between January 1 and March 1 of each year, a
5statement that the organization is in compliance with all of
6the requirements set forth in paragraphs (2) through (10). The
7State Comptroller shall exclude any organization that fails to
8submit the statement from the next solicitation period.
9    In order to be designated as a qualified organization, the
10organization shall have existed at least 2 years prior to
11submitting the written or electronic designation forms
12required in paragraph (1) and shall certify to the State
13Comptroller that such organization has been providing services
14described in paragraph (5) in Illinois. If the organization
15seeking designation represents more than one benefiting
16agency, it need not have existed for 2 years but shall certify
17to the State Comptroller that each of its benefiting agencies
18has existed for at least 2 years prior to submitting the
19written or electronic designation forms required in paragraph
20(1) and that each has been providing services described in
21paragraph (5) in Illinois.
22    Organizations which have met the requirements of this Act
23shall be permitted to participate in the State and
24Universities Combined Appeal as of January 1st of the year
25immediately following their approval by the Comptroller.
26    Where the certifications described in paragraphs (2), (3),

 

 

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1(4), (5), (6), (7), (8), (9), and (10) above are made by an
2organization representing more than one benefiting agency they
3shall be based upon the knowledge and belief of such qualified
4organization. Any qualified organization shall immediately
5notify the State Comptroller in writing if the qualified
6organization receives information or otherwise believes that a
7benefiting agency is no longer in compliance with the
8certification of the qualified organization. A qualified
9organization representing more than one benefiting agency
10shall thereafter withhold and refrain from distributing to
11such benefiting agency those funds received pursuant to this
12Act until the benefiting agency is again in compliance with
13the qualified organization's certification. The qualified
14organization shall immediately notify the State Comptroller of
15the benefiting agency's resumed compliance with the
16certification, based upon the qualified organization's
17knowledge and belief, and shall pay over to the benefiting
18agency those funds previously withheld.
19    In order to qualify, a qualified organization must receive
20250 deduction pledges from the immediately preceding
21solicitation period as set forth in Section 6. The Comptroller
22shall, by February 1st of each year, so notify any qualified
23organization that failed to receive the minimum deduction
24requirement. The notification shall give such qualified
25organization until March 1st to provide the Comptroller with
26documentation that the minimum deduction requirement has been

 

 

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1met. On the basis of all the documentation, the Comptroller
2shall, by March 15th of each year, make publicly available
3submit to the Governor or his or her designee, or such other
4agency as may be determined by the Governor, a list of all
5organizations which have met the minimum payroll deduction
6requirement. Only those organizations which have met such
7requirements, as well as the other requirements of this
8Section, shall be permitted to solicit State employees or
9State annuitants for voluntary contributions, and the
10Comptroller shall discontinue withholding for any such
11organization which fails to meet these requirements, except
12qualified organizations that received deduction pledges during
13the 2004 solicitation period are deemed to be qualified for
14the 2005 solicitation period.
15    (c) "United Fund" means the organization conducting the
16single, annual, consolidated effort to secure funds for
17distribution to agencies engaged in charitable and public
18health, welfare and services purposes, which is commonly known
19as the United Fund, or the organization which serves in place
20of the United Fund organization in communities where an
21organization known as the United Fund is not organized.
22    In order for a United Fund to participate in the State and
23Universities Employees Combined Appeal, it shall comply with
24the provisions of paragraph (9) of subsection (b).
25    (d) "State and Universities Employees Combined Appeal",
26otherwise known as "SECA", means the State-directed joint

 

 

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1effort of all of the qualified organizations, together with
2the United Funds, for the solicitation of voluntary
3contributions from State and University employees and State
4annuitants.
5    (e) "Retirement system" means any or all of the following:
6the General Assembly Retirement System, the State Employees'
7Retirement System of Illinois, the State Universities
8Retirement System, the Teachers' Retirement System of the
9State of Illinois, and the Judges Retirement System.
10    (f) "State annuitant" means a person receiving an annuity
11or disability benefit under Article 2, 14, 15, 16, or 18 of the
12Illinois Pension Code.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (5 ILCS 340/5)  (from Ch. 15, par. 505)
15    Sec. 5. Rules; Advisory Committee. The State Comptroller
16shall promulgate and issue reasonable rules and regulations as
17deemed necessary for the administration of this Act.
18    All However, all solicitations of State employees for
19contributions at their workplace and all solicitations of
20State annuitants for contributions shall be in accordance with
21rules promulgated by the Comptroller Governor or his or her
22designee or other agency as may be designated by the
23Comptroller Governor. All solicitations of State annuitants
24for contributions shall also be in accordance with the rules
25promulgated by the applicable retirement system.

 

 

SB0581 Enrolled- 11 -LRB102 13774 RJF 19124 b

1    The rules promulgated by the Comptroller Governor or his
2or her designee or other agency as designated by the
3Comptroller Governor shall include a Code of Campaign Conduct
4that all qualified organizations and United Funds shall
5subscribe to in writing, sanctions for violations of the Code
6of Campaign Conduct, provision for the handling of cash
7contributions, provision for an Advisory Committee, provisions
8for the allocation of expenses among the participating
9organizations, an organizational plan and structure whereby
10responsibilities are set forth for the appropriate State
11employees or State annuitants and the participating
12organizations, and any other matters that are necessary to
13accomplish the purposes of this Act.
14    The Comptroller Governor or the Comptroller's Governor's
15designee shall promulgate rules to establish the composition
16and the duties of the Advisory Committee. The Comptroller
17Governor or the Comptroller's Governor's designee shall make
18appointments to the Advisory Committee. The powers of the
19Advisory Committee shall include, at a minimum, the ability to
20impose the sanctions authorized by rule. Each State agency and
21each retirement system shall file an annual report that sets
22forth, for the prior calendar year, (i) the total amount of
23money contributed to each qualified organization and united
24fund through both payroll deductions and cash contributions,
25(ii) the number of employees or State annuitants who have
26contributed to each qualified organization and united fund,

 

 

SB0581 Enrolled- 12 -LRB102 13774 RJF 19124 b

1and (iii) any other information required by the rules. The
2report shall not include the names of any contributing or
3non-contributing employees or State annuitants. The report
4shall be filed with the Advisory Committee no later than March
515. The report shall be available for inspection.
6    Other constitutional officers, retirement systems, the
7University of Illinois, Southern Illinois University, Chicago
8State University, Eastern Illinois University, Governors State
9University, Illinois State University, Northeastern Illinois
10University, Northern Illinois University, and Western Illinois
11University shall be governed by the rules promulgated pursuant
12to this Section, unless such entities adopt their own rules
13governing solicitation of contributions at the workplace.
14    All rules promulgated pursuant to this Section shall not
15discriminate against one or more qualified organizations or
16United Funds.
17(Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
 
18    (5 ILCS 340/7)  (from Ch. 15, par. 507)
19    Sec. 7. Notwithstanding any other provision of this Act, a
20participating organization or a United Fund may be denied
21participation in SECA for willful failure to comply with the
22provisions of paragraph (9) of subsection (b) of Section 3 of
23this Act. The agency designated by the Comptroller Governor
24under paragraph (9) of subsection (b) of Section 3 of this Act
25shall adopt rules providing for procedures for review by the

 

 

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1agency of alleged violations of that paragraph and appropriate
2remedial sanctions for noncompliance. The rules shall include
3an appeal procedure for any affected participating
4organization or United Fund. The agency designated by the
5Comptroller Governor shall notify the Comptroller immediately
6of any final decision to remove a qualified organization or
7United Fund from participation in SECA.
8(Source: P.A. 91-357, eff. 7-29-99.)
 
9    Section 10. The State Comptroller Act is amended by
10changing Sections 17 and 19.5 and by adding Section 28 as
11follows:
 
12    (15 ILCS 405/17)  (from Ch. 15, par. 217)
13    Sec. 17. Inventory control records. The comptroller shall
14maintain current inventory records of property held by or on
15behalf of the State or any State agency, which may be copies of
16the official inventory control records maintained by State
17agencies or summaries thereof. The Office of the Comptroller
18shall define reporting requirements and thresholds to be used
19by State agencies in the Comptroller's Statewide Accounting
20Management System (SAMS) manual. The Department of Central
21Management Services and each other State agency so holding
22such property shall report to the comptroller, on forms
23prescribed by the comptroller, all property acquired or
24disposed of by that agency, in such detail and at such times as

 

 

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1the comptroller requires, by rule, to maintain accurate,
2current inventory records. The Department of Central
3Management Services shall transmit to the comptroller a
4certified copy of all reports it may issue concerning State
5property, including its annual report.
6(Source: P.A. 98-904, eff. 8-15-14.)
 
7    (15 ILCS 405/19.5)
8    Sec. 19.5. Comprehensive Annual Financial Report (CAFR);
9procedures and reporting.
10    (a) On or before October 31, 2012, and on or before each
11October 31 thereafter, State agencies shall report to the
12Comptroller all financial information deemed necessary by the
13Comptroller to compile and publish a comprehensive annual
14financial report using generally accepted accounting
15principles for the fiscal year ending June 30 of that year. The
16Comptroller may require certain State agencies to submit the
17required information before October 31 under a schedule
18established by the Comptroller. If a State agency has
19submitted no or insufficient financial information by October
2031, the Comptroller shall serve a written notice to each
21respective State agency director or secretary about the
22delinquency or inadequacy of the financial information.
23    (b) If the financial information required in subsection
24(a) is submitted to the Comptroller on or before October 31,
25the lapse period is not extended past August 31 for the given

 

 

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1fiscal year, and the Office of the Auditor General has
2completed an audit of the comprehensive annual financial
3report, then the Comptroller shall publish a comprehensive
4annual financial report using generally accepted accounting
5principles for the fiscal year ending June 30 of that year by
6December 31. If the information as required by subsection (a)
7is not provided to the Comptroller in time to publish the
8report by December 31, then upon notice from the Comptroller
9of the delay, each respective State agency director or
10secretary shall report his or her State agency's delinquency
11and provide an action plan to bring his or her State agency
12into compliance to the Comptroller, the Auditor General, the
13Office of the Governor, the Speaker and Minority Leader of the
14House of Representatives, and the President and Minority
15Leader of the Senate. Upon receiving that report from a State
16agency director or secretary, the Comptroller shall post that
17report with the action plan on his or her official website.
18    (c) If a comprehensive annual financial report using
19generally accepted accounting principles cannot be published
20by December 31 due to insufficient or inadequate reporting to
21the Comptroller, the lapse period is extended past August 31
22for the given fiscal year, or the Office of the Auditor General
23has not completed an audit of the comprehensive annual
24financial report, then the Comptroller may issue interim
25reports containing financial information made available by
26reporting State agencies until an audit opinion is issued by

 

 

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1the Auditor General on the comprehensive annual financial
2report.
3(Source: P.A. 97-408, eff. 8-16-11; 98-240, eff. 8-9-13.)
 
4    (15 ILCS 405/28 new)
5    Sec. 28. Comptroller recess appointments. If, during a
6recess of the Senate, there is a vacancy in an office filled by
7appointment by the Comptroller by and with the advice and
8consent of the Senate, the Comptroller shall make a temporary
9appointment until the next meeting of the Senate, when he or
10she shall make a nomination to fill such office. Any
11nomination not acted upon by the Senate within 60 session days
12after the receipt thereof shall be deemed to have received the
13advice and consent of the Senate. No person rejected by the
14Senate for an office shall, except at the Senate's request, be
15nominated again for that office at the same session or be
16appointed to that office during a recess of that Senate.
 
17    Section 15. The Personnel Code is amended by changing
18Section 4c as follows:
 
19    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
20    Sec. 4c. General exemptions. The following positions in
21State service shall be exempt from jurisdictions A, B, and C,
22unless the jurisdictions shall be extended as provided in this
23Act:

 

 

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1        (1) All officers elected by the people.
2        (2) All positions under the Lieutenant Governor,
3    Secretary of State, State Treasurer, State Comptroller,
4    State Board of Education, Clerk of the Supreme Court,
5    Attorney General, and State Board of Elections.
6        (3) Judges, and officers and employees of the courts,
7    and notaries public.
8        (4) All officers and employees of the Illinois General
9    Assembly, all employees of legislative commissions, all
10    officers and employees of the Illinois Legislative
11    Reference Bureau and the Legislative Printing Unit.
12        (5) All positions in the Illinois National Guard and
13    Illinois State Guard, paid from federal funds or positions
14    in the State Military Service filled by enlistment and
15    paid from State funds.
16        (6) All employees of the Governor at the executive
17    mansion and on his immediate personal staff.
18        (7) Directors of Departments, the Adjutant General,
19    the Assistant Adjutant General, the Director of the
20    Illinois Emergency Management Agency, members of boards
21    and commissions, and all other positions appointed by the
22    Governor by and with the consent of the Senate.
23        (8) The presidents, other principal administrative
24    officers, and teaching, research and extension faculties
25    of Chicago State University, Eastern Illinois University,
26    Governors State University, Illinois State University,

 

 

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1    Northeastern Illinois University, Northern Illinois
2    University, Western Illinois University, the Illinois
3    Community College Board, Southern Illinois University,
4    Illinois Board of Higher Education, University of
5    Illinois, State Universities Civil Service System,
6    University Retirement System of Illinois, and the
7    administrative officers and scientific and technical staff
8    of the Illinois State Museum.
9        (9) All other employees except the presidents, other
10    principal administrative officers, and teaching, research
11    and extension faculties of the universities under the
12    jurisdiction of the Board of Regents and the colleges and
13    universities under the jurisdiction of the Board of
14    Governors of State Colleges and Universities, Illinois
15    Community College Board, Southern Illinois University,
16    Illinois Board of Higher Education, Board of Governors of
17    State Colleges and Universities, the Board of Regents,
18    University of Illinois, State Universities Civil Service
19    System, University Retirement System of Illinois, so long
20    as these are subject to the provisions of the State
21    Universities Civil Service Act.
22        (10) The State Police so long as they are subject to
23    the merit provisions of the State Police Act.
24        (11) (Blank).
25        (12) The technical and engineering staffs of the
26    Department of Transportation, the Department of Nuclear

 

 

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1    Safety, the Pollution Control Board, and the Illinois
2    Commerce Commission, and the technical and engineering
3    staff providing architectural and engineering services in
4    the Department of Central Management Services.
5        (13) All employees of the Illinois State Toll Highway
6    Authority.
7        (14) The Secretary of the Illinois Workers'
8    Compensation Commission.
9        (15) All persons who are appointed or employed by the
10    Director of Insurance under authority of Section 202 of
11    the Illinois Insurance Code to assist the Director of
12    Insurance in discharging his responsibilities relating to
13    the rehabilitation, liquidation, conservation, and
14    dissolution of companies that are subject to the
15    jurisdiction of the Illinois Insurance Code.
16        (16) All employees of the St. Louis Metropolitan Area
17    Airport Authority.
18        (17) All investment officers employed by the Illinois
19    State Board of Investment.
20        (18) Employees of the Illinois Young Adult
21    Conservation Corps program, administered by the Illinois
22    Department of Natural Resources, authorized grantee under
23    Title VIII of the Comprehensive Employment and Training
24    Act of 1973, 29 USC 993.
25        (19) Seasonal employees of the Department of
26    Agriculture for the operation of the Illinois State Fair

 

 

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1    and the DuQuoin State Fair, no one person receiving more
2    than 29 days of such employment in any calendar year.
3        (20) All "temporary" employees hired under the
4    Department of Natural Resources' Illinois Conservation
5    Service, a youth employment program that hires young
6    people to work in State parks for a period of one year or
7    less.
8        (21) All hearing officers of the Human Rights
9    Commission.
10        (22) All employees of the Illinois Mathematics and
11    Science Academy.
12        (23) All employees of the Kankakee River Valley Area
13    Airport Authority.
14        (24) The commissioners and employees of the Executive
15    Ethics Commission.
16        (25) The Executive Inspectors General, including
17    special Executive Inspectors General, and employees of
18    each Office of an Executive Inspector General.
19        (26) The commissioners and employees of the
20    Legislative Ethics Commission.
21        (27) The Legislative Inspector General, including
22    special Legislative Inspectors General, and employees of
23    the Office of the Legislative Inspector General.
24        (28) The Auditor General's Inspector General and
25    employees of the Office of the Auditor General's Inspector
26    General.

 

 

SB0581 Enrolled- 21 -LRB102 13774 RJF 19124 b

1        (29) All employees of the Illinois Power Agency.
2        (30) Employees having demonstrable, defined advanced
3    skills in accounting, financial reporting, or technical
4    expertise who are employed within executive branch
5    agencies and whose duties are directly related to the
6    submission to the Office of the Comptroller of financial
7    information for the publication of the Comprehensive
8    Annual Financial Report (CAFR).
9        (31) All employees of the Illinois Sentencing Policy
10    Advisory Council.
11(Source: P.A. 100-1148, eff. 12-10-18.)
 
12    Section 20. The State Finance Act is amended by changing
13Section 25 as follows:
 
14    (30 ILCS 105/25)  (from Ch. 127, par. 161)
15    Sec. 25. Fiscal year limitations.
16    (a) All appropriations shall be available for expenditure
17for the fiscal year or for a lesser period if the Act making
18that appropriation so specifies. A deficiency or emergency
19appropriation shall be available for expenditure only through
20June 30 of the year when the Act making that appropriation is
21enacted unless that Act otherwise provides.
22    (b) Outstanding liabilities as of June 30, payable from
23appropriations which have otherwise expired, may be paid out
24of the expiring appropriations during the 2-month period

 

 

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1ending at the close of business on August 31. Any service
2involving professional or artistic skills or any personal
3services by an employee whose compensation is subject to
4income tax withholding must be performed as of June 30 of the
5fiscal year in order to be considered an "outstanding
6liability as of June 30" that is thereby eligible for payment
7out of the expiring appropriation.
8    (b-1) However, payment of tuition reimbursement claims
9under Section 14-7.03 or 18-3 of the School Code may be made by
10the State Board of Education from its appropriations for those
11respective purposes for any fiscal year, even though the
12claims reimbursed by the payment may be claims attributable to
13a prior fiscal year, and payments may be made at the direction
14of the State Superintendent of Education from the fund from
15which the appropriation is made without regard to any fiscal
16year limitations, except as required by subsection (j) of this
17Section. Beginning on June 30, 2021, payment of tuition
18reimbursement claims under Section 14-7.03 or 18-3 of the
19School Code as of June 30, payable from appropriations that
20have otherwise expired, may be paid out of the expiring
21appropriation during the 4-month period ending at the close of
22business on October 31.
23    (b-2) (Blank).
24    (b-2.5) (Blank).
25    (b-2.6) (Blank).
26    (b-2.6a) (Blank).

 

 

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1    (b-2.6b) (Blank).
2    (b-2.6c) (Blank).
3    (b-2.6d) All outstanding liabilities as of June 30, 2020,
4payable from appropriations that would otherwise expire at the
5conclusion of the lapse period for fiscal year 2020, and
6interest penalties payable on those liabilities under the
7State Prompt Payment Act, may be paid out of the expiring
8appropriations until December 31, 2020, without regard to the
9fiscal year in which the payment is made, as long as vouchers
10for the liabilities are received by the Comptroller no later
11than September 30, 2020.
12    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
132020, and 2021, interest penalties payable under the State
14Prompt Payment Act associated with a voucher for which payment
15is issued after June 30 may be paid out of the next fiscal
16year's appropriation. The future year appropriation must be
17for the same purpose and from the same fund as the original
18payment. An interest penalty voucher submitted against a
19future year appropriation must be submitted within 60 days
20after the issuance of the associated voucher, except that, for
21fiscal year 2018 only, an interest penalty voucher submitted
22against a future year appropriation must be submitted within
2360 days of June 5, 2019 (the effective date of Public Act
24101-10). The Comptroller must issue the interest payment
25within 60 days after acceptance of the interest voucher.
26    (b-3) Medical payments may be made by the Department of

 

 

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

 

 

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1business on October 31.
2    (b-5) Medical payments may be made by the Department of
3Human Services from its appropriations relating to substance
4abuse treatment services for any fiscal year, without regard
5to the fact that the medical services being compensated for by
6such payment may have been rendered in a prior fiscal year,
7provided the payments are made on a fee-for-service basis
8consistent with requirements established for Medicaid
9reimbursement by the Department of Healthcare and Family
10Services, except as required by subsection (j) of this
11Section. Beginning on June 30, 2021, medical payments made by
12the Department of Human Services relating to substance abuse
13treatment services payable from appropriations that have
14otherwise expired may be paid out of the expiring
15appropriation during the 4-month period ending at the close of
16business on October 31.
17    (b-6) (Blank).
18    (b-7) Payments may be made in accordance with a plan
19authorized by paragraph (11) or (12) of Section 405-105 of the
20Department of Central Management Services Law from
21appropriations for those payments without regard to fiscal
22year limitations.
23    (b-8) Reimbursements to eligible airport sponsors for the
24construction or upgrading of Automated Weather Observation
25Systems may be made by the Department of Transportation from
26appropriations for those purposes for any fiscal year, without

 

 

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1regard to the fact that the qualification or obligation may
2have occurred in a prior fiscal year, provided that at the time
3the expenditure was made the project had been approved by the
4Department of Transportation prior to June 1, 2012 and, as a
5result of recent changes in federal funding formulas, can no
6longer receive federal reimbursement.
7    (b-9) (Blank).
8    (c) Further, payments may be made by the Department of
9Public Health and the Department of Human Services (acting as
10successor to the Department of Public Health under the
11Department of Human Services Act) from their respective
12appropriations for grants for medical care to or on behalf of
13premature and high-mortality risk infants and their mothers
14and for grants for supplemental food supplies provided under
15the United States Department of Agriculture Women, Infants and
16Children Nutrition Program, for any fiscal year without regard
17to the fact that the services being compensated for by such
18payment may have been rendered in a prior fiscal year, except
19as required by subsection (j) of this Section. Beginning on
20June 30, 2021, payments made by the Department of Public
21Health and the Department of Human Services from their
22respective appropriations for grants for medical care to or on
23behalf of premature and high-mortality risk infants and their
24mothers and for grants for supplemental food supplies provided
25under the United States Department of Agriculture Women,
26Infants 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
3at the 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
6Public Health under the Department of Human Services Act)
7shall each annually submit to the State Comptroller, Senate
8President, Senate Minority Leader, Speaker of the House, House
9Minority Leader, and the respective Chairmen and Minority
10Spokesmen of the Appropriations Committees of the Senate and
11the House, on or before December 31, a report of fiscal year
12funds used to pay for services provided in any prior fiscal
13year. This report shall document by program or service
14category those expenditures from the most recently completed
15fiscal year used to pay for services provided in prior fiscal
16years.
17    (e) The Department of Healthcare and Family Services, the
18Department of Human Services (acting as successor to the
19Department of Public Aid), and the Department of Human
20Services making fee-for-service payments relating to substance
21abuse treatment services provided during a previous fiscal
22year shall each annually submit to the State Comptroller,
23Senate President, Senate Minority Leader, Speaker of the
24House, House Minority Leader, the respective Chairmen and
25Minority Spokesmen of the Appropriations Committees of the
26Senate and the House, on or before November 30, a report that

 

 

SB0581 Enrolled- 28 -LRB102 13774 RJF 19124 b

1shall document by program or service category those
2expenditures from the most recently completed fiscal year used
3to pay for (i) services provided in prior fiscal years and (ii)
4services for which claims were received in prior fiscal years.
5    (f) The Department of Human Services (as successor to the
6Department of Public Aid) shall annually submit to the State
7Comptroller, Senate President, Senate Minority Leader, Speaker
8of the House, House Minority Leader, and the respective
9Chairmen and Minority Spokesmen of the Appropriations
10Committees of the Senate and the House, on or before December
1131, a report of fiscal year funds used to pay for services
12(other than medical care) provided in any prior fiscal year.
13This report shall document by program or service category
14those expenditures from the most recently completed fiscal
15year used to pay for services provided in prior fiscal years.
16    (g) In addition, each annual report required to be
17submitted by the Department of Healthcare and Family Services
18under subsection (e) shall include the following information
19with respect to the State's Medicaid program:
20        (1) Explanations of the exact causes of the variance
21    between the previous year's estimated and actual
22    liabilities.
23        (2) Factors affecting the Department of Healthcare and
24    Family Services' liabilities, including, but not limited
25    to, numbers of aid recipients, levels of medical service
26    utilization by aid recipients, and inflation in the cost

 

 

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

 

 

SB0581 Enrolled- 30 -LRB102 13774 RJF 19124 b

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

 

 

SB0581 Enrolled- 31 -LRB102 13774 RJF 19124 b

1        (2) $5,300,000,000 for outstanding liabilities related
2    to fiscal year 2013;
3        (3) $4,600,000,000 for outstanding liabilities related
4    to fiscal year 2014;
5        (4) $4,000,000,000 for outstanding liabilities related
6    to fiscal year 2015;
7        (5) $3,300,000,000 for outstanding liabilities related
8    to fiscal year 2016;
9        (6) $2,600,000,000 for outstanding liabilities related
10    to fiscal year 2017;
11        (7) $2,000,000,000 for outstanding liabilities related
12    to fiscal year 2018;
13        (8) $1,300,000,000 for outstanding liabilities related
14    to fiscal year 2019;
15        (9) $600,000,000 for outstanding liabilities related
16    to fiscal year 2020; and
17        (10) $0 for outstanding liabilities related to fiscal
18    year 2021 and fiscal years thereafter.
19    (k) Department of Healthcare and Family Services Medical
20Assistance Payments.
21        (1) Definition of Medical Assistance.
22            For purposes of this subsection, the term "Medical
23        Assistance" shall include, but not necessarily be
24        limited to, medical programs and services authorized
25        under Titles XIX and XXI of the Social Security Act,
26        the Illinois Public Aid Code, the Children's Health

 

 

SB0581 Enrolled- 32 -LRB102 13774 RJF 19124 b

1        Insurance Program Act, the Covering ALL KIDS Health
2        Insurance Act, the Long Term Acute Care Hospital
3        Quality Improvement Transfer Program Act, and medical
4        care to or on behalf of persons suffering from chronic
5        renal disease, persons suffering from hemophilia, and
6        victims of sexual assault.
7        (2) Limitations on Medical Assistance payments that
8    may be paid from future fiscal year appropriations.
9            (A) The maximum amounts of annual unpaid Medical
10        Assistance bills received and recorded by the
11        Department of Healthcare and Family Services on or
12        before June 30th of a particular fiscal year
13        attributable in aggregate to the General Revenue Fund,
14        Healthcare Provider Relief Fund, Tobacco Settlement
15        Recovery Fund, Long-Term Care Provider Fund, and the
16        Drug Rebate Fund that may be paid in total by the
17        Department from future fiscal year Medical Assistance
18        appropriations to those funds are: $700,000,000 for
19        fiscal year 2013 and $100,000,000 for fiscal year 2014
20        and each fiscal year thereafter.
21            (B) Bills for Medical Assistance services rendered
22        in a particular fiscal year, but received and recorded
23        by the Department of Healthcare and Family Services
24        after June 30th of that fiscal year, may be paid from
25        either appropriations for that fiscal year or future
26        fiscal year appropriations for Medical Assistance.

 

 

SB0581 Enrolled- 33 -LRB102 13774 RJF 19124 b

1        Such payments shall not be subject to the requirements
2        of subparagraph (A).
3            (C) Medical Assistance bills received by the
4        Department of Healthcare and Family Services in a
5        particular fiscal year, but subject to payment amount
6        adjustments in a future fiscal year may be paid from a
7        future fiscal year's appropriation for Medical
8        Assistance. Such payments shall not be subject to the
9        requirements of subparagraph (A).
10            (D) Medical Assistance payments made by the
11        Department of Healthcare and Family Services from
12        funds other than those specifically referenced in
13        subparagraph (A) may be made from appropriations for
14        those purposes for any fiscal year without regard to
15        the fact that the Medical Assistance services being
16        compensated for by such payment may have been rendered
17        in a prior fiscal year. Such payments shall not be
18        subject to the requirements of subparagraph (A).
19        (3) Extended lapse period for Department of Healthcare
20    and Family Services Medical Assistance payments.
21    Notwithstanding any other State law to the contrary,
22    outstanding Department of Healthcare and Family Services
23    Medical Assistance liabilities, as of June 30th, payable
24    from appropriations which have otherwise expired, may be
25    paid out of the expiring appropriations during the 4-month
26    6-month period ending at the close of business on October

 

 

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1    December 31st.
2    (l) The changes to this Section made by Public Act 97-691
3shall be effective for payment of Medical Assistance bills
4incurred in fiscal year 2013 and future fiscal years. The
5changes to this Section made by Public Act 97-691 shall not be
6applied to Medical Assistance bills incurred in fiscal year
72012 or prior fiscal years.
8    (m) The Comptroller must issue payments against
9outstanding liabilities that were received prior to the lapse
10period deadlines set forth in this Section as soon thereafter
11as practical, but no payment may be issued after the 4 months
12following the lapse period deadline without the signed
13authorization of the Comptroller and the Governor.
14(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
15101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff.
166-10-20.)
 
17    (30 ILCS 105/11.5 rep.)
18    Section 25. The State Finance Act is amended by repealing
19Section 11.5.
 
20    Section 30. The Illinois Procurement Code is amended by
21changing Section 20-80 as follows:
 
22    (30 ILCS 500/20-80)
23    Sec. 20-80. Contract files.

 

 

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1    (a) Written determinations. All written determinations
2required under this Article shall be placed in the contract
3file maintained by the chief procurement officer.
4    (b) Filing with Comptroller. Whenever a grant, defined
5pursuant to accounting standards established by the
6Comptroller, or a contract liability, except for: (1)
7contracts paid from personal services, or (2) contracts
8between the State and its employees to defer compensation in
9accordance with Article 24 of the Illinois Pension Code, or
10(3) contracts that do not obligate funds held within the State
11treasury for fiscal year 2022 and thereafter, exceeding
12$20,000 is incurred by any State agency, a copy of the
13contract, purchase order, grant, or lease shall be filed with
14the Comptroller within 30 calendar days thereafter. Beginning
15in fiscal year 2022, information pertaining to contracts
16exceeding $20,000 that do not obligate funds held within the
17State treasury shall be submitted in a quarterly report to the
18Comptroller in a form and manner prescribed by the
19Comptroller. The Comptroller shall make the quarterly report
20available on his or her website. Beginning January 1, 2013,
21the Comptroller may require that contracts and grants required
22to be filed with the Comptroller under this Section shall be
23filed electronically, unless the agency is incapable of filing
24the contract or grant electronically because it does not
25possess the necessary technology or equipment. Any State
26agency that is incapable of electronically filing its

 

 

SB0581 Enrolled- 36 -LRB102 13774 RJF 19124 b

1contracts or grants shall submit a written statement to the
2Governor and to the Comptroller attesting to the reasons for
3its inability to comply. This statement shall include a
4discussion of what the State agency needs in order to
5effectively comply with this Section. Prior to requiring
6electronic filing, the Comptroller shall consult with the
7Governor as to the feasibility of establishing mutually
8agreeable technical standards for the electronic document
9imaging, storage, and transfer of contracts and grants, taking
10into consideration the technology available to that agency,
11best practices, and the technological capabilities of State
12agencies. Nothing in this amendatory Act of the 97th General
13Assembly shall be construed to impede the implementation of an
14Enterprise Resource Planning (ERP) system. For each State
15contract for supplies or services awarded on or after July 1,
162010, the contracting agency shall provide the applicable rate
17and unit of measurement of the supplies or services on the
18contract obligation document as required by the Comptroller.
19If the contract obligation document that is submitted to the
20Comptroller contains the rate and unit of measurement of the
21supplies or services, the Comptroller shall provide that
22information on his or her official website. Any cancellation
23or modification to any such contract liability shall be filed
24with the Comptroller within 30 calendar days of its execution.
25    (c) Late filing affidavit. When a contract, purchase
26order, grant, or lease required to be filed by this Section has

 

 

SB0581 Enrolled- 37 -LRB102 13774 RJF 19124 b

1not been filed within 30 calendar days of execution, the
2Comptroller shall refuse to issue a warrant for payment
3thereunder until the agency files with the Comptroller the
4contract, purchase order, grant, or lease and an affidavit,
5signed by the chief executive officer of the agency or his or
6her designee, setting forth an explanation of why the contract
7liability was not filed within 30 calendar days of execution.
8A copy of this affidavit shall be filed with the Auditor
9General.
10    (d) Timely execution of contracts. Except as set forth in
11subsection (b) of this Section, no voucher shall be submitted
12to the Comptroller for a warrant to be drawn for the payment of
13money from the State treasury or from other funds held by the
14State Treasurer on account of any contract unless the contract
15is reduced to writing before the services are performed and
16filed with the Comptroller. Contractors shall not be paid for
17any supplies that were received or services that were rendered
18before the contract was reduced to writing and signed by all
19necessary parties. A chief procurement officer may request an
20exception to this subsection by submitting a written statement
21to the Comptroller and Treasurer setting forth the
22circumstances and reasons why the contract could not be
23reduced to writing before the supplies were received or
24services were performed. A waiver of this subsection must be
25approved by the Comptroller and Treasurer. This Section shall
26not apply to emergency purchases if notice of the emergency

 

 

SB0581 Enrolled- 38 -LRB102 13774 RJF 19124 b

1purchase is filed with the Procurement Policy Board and
2published in the Bulletin as required by this Code.
3    (e) Method of source selection. When a contract is filed
4with the Comptroller under this Section, the Comptroller's
5file shall identify the method of source selection used in
6obtaining the contract.
7(Source: P.A. 100-43, eff. 8-9-17.)
 
8    Section 35. The State Prompt Payment Act is amended by
9changing Sections 8 and 9 as follows:
 
10    (30 ILCS 540/8)
11    Sec. 8. Vendor Payment Program.
12    (a) As used in this Section:
13        "Applicant" means any entity seeking to be designated
14    as a qualified purchaser.
15        "Application period" means the time period when the
16    Program is accepting applications as determined by the
17    Department of Central Management Services.
18        "Assigned penalties" means penalties payable by the
19    State in accordance with this Act that are assigned to the
20    qualified purchaser of an assigned receivable.
21        "Assigned receivable" means the base invoice amount of
22    a qualified account receivable and any associated assigned
23    penalties due, currently and in the future, in accordance
24    with this Act.

 

 

SB0581 Enrolled- 39 -LRB102 13774 RJF 19124 b

1        "Assignment agreement" means an agreement executed and
2    delivered by a participating vendor and a qualified
3    purchaser, in which the participating vendor will assign
4    one or more qualified accounts receivable to the qualified
5    purchaser and make certain representations and warranties
6    in respect thereof.
7        "Base invoice amount" means the unpaid principal
8    amount of the invoice associated with an assigned
9    receivable.
10        "Department" means the Department of Central
11    Management Services.
12        "Medical assistance program" means any program which
13    provides medical assistance under Article V of the
14    Illinois Public Aid Code, including Medicaid.
15        "Participating vendor" means a vendor whose
16    application for the sale of a qualified account receivable
17    is accepted for purchase by a qualified purchaser under
18    the Program terms.
19        "Program" means a Vendor Payment Program.
20        "Prompt payment penalties" means penalties payable by
21    the State in accordance with this Act.
22        "Purchase price" means 100% of the base invoice amount
23    associated with an assigned receivable minus: (1) any
24    deductions against the assigned receivable arising from
25    State offsets; and (2) if and to the extent exercised by a
26    qualified purchaser, other deductions for amounts owed by

 

 

SB0581 Enrolled- 40 -LRB102 13774 RJF 19124 b

1    the participating vendor to the qualified purchaser for
2    State offsets applied against other accounts receivable
3    assigned by the participating vendor to the qualified
4    purchaser under the Program.
5        "Qualified account receivable" means an account
6    receivable due and payable by the State that is
7    outstanding for 90 days or more, is eligible to accrue
8    prompt payment penalties under this Act and is verified by
9    the relevant State agency. A qualified account receivable
10    shall not include any account receivable related to
11    medical assistance program (including Medicaid) payments
12    or any other accounts receivable, the transfer or
13    assignment of which is prohibited by, or otherwise
14    prevented by, applicable law.
15        "Qualified purchaser" means any entity that, during
16    any application period, is approved by the Department of
17    Central Management Services to participate in the Program
18    on the basis of certain qualifying criteria as determined
19    by the Department.
20        "State offsets" means any amount deducted from
21    payments made by the State in respect of any qualified
22    account receivable due to the State's exercise of any
23    offset or other contractual rights against a participating
24    vendor. For the purpose of this Section, "State offsets"
25    include statutorily required administrative fees imposed
26    under the State Comptroller Act.

 

 

SB0581 Enrolled- 41 -LRB102 13774 RJF 19124 b

1        "Sub-participant" means any individual or entity that
2    intends to purchase assigned receivables, directly or
3    indirectly, by or through an applicant or qualified
4    purchaser for the purposes of the Program.
5        "Sub-participant certification" means an instrument
6    executed and delivered to the Department of Central
7    Management Services by a sub-participant, in which the
8    sub-participant certifies its agreement, among others, to
9    be bound by the terms and conditions of the Program as a
10    condition to its participation in the Program as a
11    sub-participant.
12    (b) This Section reflects the provisions of Section
13900.125 of Title 74 of the Illinois Administrative Code prior
14to January 1, 2018. The requirements of this Section establish
15the criteria for participation by participating vendors and
16qualified purchasers in a Vendor Payment Program. Information
17regarding the Vendor Payment Program may be found at the
18Internet website for the Department of Central Management
19Services.
20    (c) The State Comptroller and the Department of Central
21Management Services is are authorized to establish and
22implement the Program under Section 3-3. This Section applies
23to all qualified accounts receivable not otherwise excluded
24from receiving prompt payment interest under Section 900.120
25of Title 74 of the Illinois Administrative Code. This Section
26shall not apply to the purchase of any accounts receivable

 

 

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1related to payments made under a medical assistance program,
2including Medicaid payments, or any other purchase of accounts
3receivable that is otherwise prohibited by law.
4    (d) Under the Program, qualified purchasers may purchase
5from participating vendors certain qualified accounts
6receivable owed by the State to the participating vendors. A
7participating vendor shall not simultaneously apply to sell
8the same qualified account receivable to more than one
9qualified purchaser. In consideration of the payment of the
10purchase price, a participating vendor shall assign to the
11qualified purchaser all of its rights to payment of the
12qualified account receivable, including all current and future
13prompt payment penalties due to that qualified account
14receivable in accordance with this Act.
15    (e) A vendor may apply to participate in the Program if:
16        (1) the vendor is owed an account receivable by the
17    State for which prompt payment penalties have commenced
18    accruing;
19        (2) the vendor's account receivable is eligible to
20    accrue prompt payment penalty interest under this Act;
21        (3) the vendor's account receivable is not for
22    payments under a medical assistance program; and
23        (4) the vendor's account receivable is not prohibited
24    by, or otherwise prevented by, applicable law from being
25    transferred or assigned under this Section.
26    (f) The Department shall review and approve or disapprove

 

 

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1each applicant seeking a qualified purchaser designation.
2Factors to be considered by the Department in determining
3whether an applicant shall be designated as a qualified
4purchaser include, but are not limited to, the following:
5        (1) the qualified purchaser's agreement to commit a
6    minimum purchase amount as established from time to time
7    by the Department based upon the current needs of the
8    Program and the qualified purchaser's demonstrated ability
9    to fund its commitment;
10        (2) the demonstrated ability of a qualified
11    purchaser's sub-participants to fund their portions of a
12    qualified purchaser's minimum purchase commitment;
13        (3) the ability of a qualified purchaser and its
14    sub-participants to meet standards of responsibility
15    substantially in accordance with the requirements of the
16    Standards of Responsibility found in subsection (b) of
17    Section 1.2046 of Title 44 of the Illinois Administrative
18    Code concerning government contracts, procurement, and
19    property management;
20        (4) the agreement of each qualified purchaser, at its
21    sole cost and expense, to administer and facilitate the
22    operation of the Program with respect to that qualified
23    purchaser, including, without limitation, assisting
24    potential participating vendors with the application and
25    assignment process;
26        (5) the agreement of each qualified purchaser, at its

 

 

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1    sole cost and expense, to establish a website that is
2    determined by the Department to be sufficient to
3    administer the Program in accordance with the terms and
4    conditions of the Program;
5        (6) the agreement of each qualified purchaser, at its
6    sole cost and expense, to market the Program to potential
7    participating vendors;
8        (7) the agreement of each qualified purchaser, at its
9    sole cost and expense, to educate participating vendors
10    about the benefits and risks associated with participation
11    in the Program;
12        (8) the agreement of each qualified purchaser, at its
13    sole cost and expense, to deposit funds into, release
14    funds from, and otherwise maintain all required accounts
15    in accordance with the terms and conditions of the
16    Program. Subject to the Program terms, all required
17    accounts shall be maintained and controlled by the
18    qualified purchaser at the qualified purchaser's sole cost
19    and at no cost, whether in the form of fees or otherwise,
20    to the participating vendors;
21        (9) the agreement of each qualified purchaser, at its
22    sole cost and expense, to submit a monthly written report,
23    in an acceptable electronic format, to the State
24    Comptroller or its designee and the Department or its
25    designee, within 10 days after the end of each month,
26    which, unless otherwise specified by the Department, at a

 

 

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1    minimum, shall contain:
2            (A) a listing of each assigned receivable
3        purchased by that qualified purchaser during the
4        month, specifying the base invoice amount and invoice
5        date of that assigned receivable and the name of the
6        participating vendor, State contract number, voucher
7        number, and State agency associated with that assigned
8        receivable;
9            (B) a listing of each assigned receivable with
10        respect to which the qualified purchaser has received
11        payment of the base invoice amount from the State
12        during that month, including the amount of and date on
13        which that payment was made and the name of the
14        participating vendor, State contract number, voucher
15        number, and State agency associated with the assigned
16        receivable, and identifying the relevant application
17        period for each assigned receivable;
18            (C) a listing of any payments of assigned
19        penalties received from the State during the month,
20        including the amount of and date on which the payment
21        was made, the name of the participating vendor, the
22        voucher number for the assigned penalty receivable,
23        and the associated assigned receivable, including the
24        State contract number, voucher number, and State
25        agency associated with the assigned receivable, and
26        identifying the relevant application period for each

 

 

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1        assigned receivable;
2            (D) the aggregate number and dollar value of
3        assigned receivables purchased by the qualified
4        purchaser from the date on which that qualified
5        purchaser commenced participating in the Program
6        through the last day of the month;
7            (E) the aggregate number and dollar value of
8        assigned receivables purchased by the qualified
9        purchaser for which no payment by the State of the base
10        invoice amount has yet been received, from the date on
11        which the qualified purchaser commenced participating
12        in the Program through the last day of the month;
13            (F) the aggregate number and dollar value of
14        invoices purchased by the qualified purchaser for
15        which no voucher has been submitted; and
16            (G) any other data the State Comptroller and the
17        Department may reasonably request from time to time;
18        (10) the agreement of each qualified purchaser to use
19    its reasonable best efforts, and for any sub-participant
20    to cause a qualified purchaser to use its reasonable best
21    efforts, to diligently pursue receipt of assigned
22    penalties associated with the assigned receivables,
23    including, without limitation, by promptly notifying the
24    relevant State agency that an assigned penalty is due and,
25    if necessary, seeking payment of assigned penalties
26    through the Illinois Court of Claims; and

 

 

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1        (11) the agreement of each qualified purchaser and any
2    sub-participant to use their reasonable best efforts to
3    implement the Program terms and to perform their
4    obligations under the Program in a timely fashion.
5    (g) Each qualified purchaser's performance and
6implementation of its obligations under subsection (f) shall
7be subject to review by the Department and the State
8Comptroller at any time to confirm that the qualified
9purchaser is undertaking those obligations in a manner
10consistent with the terms and conditions of the Program. A
11qualified purchaser's failure to so perform its obligations
12including, without limitation, its obligations to diligently
13pursue receipt of assigned penalties associated with assigned
14receivables, shall be grounds for the Department and the State
15Comptroller to terminate the qualified purchaser's
16participation in the Program under subsection (i). Any such
17termination shall be without prejudice to any rights a
18participating vendor may have against that qualified
19purchaser, in law or in equity, including, without limitation,
20the right to enforce the terms of the assignment agreement and
21of the Program against the qualified purchaser.
22    (h) In determining whether any applicant shall be
23designated as a qualified purchaser, the Department shall have
24the right to review or approve sub-participants that intend to
25purchase assigned receivables, directly or indirectly, by or
26through the applicant. The Department reserves the right to

 

 

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1reject or terminate the designation of any applicant as a
2qualified purchaser or require an applicant to exclude a
3proposed sub-participant in order to become or remain a
4qualified purchaser on the basis of a review, whether prior to
5or after the designation. Each applicant and each qualified
6purchaser has an affirmative obligation to promptly notify the
7Department of any change or proposed change in the identity of
8the sub-participants that it disclosed to the Department no
9later than 3 business days after that change. Each
10sub-participant shall be required to execute a sub-participant
11certification that will be attached to the corresponding
12qualified purchaser designation. Sub-participants shall meet,
13at a minimum, the requirements of paragraphs (2), (3), (10),
14and (11) of subsection (f).
15    (i) The Program, as codified under this Section, shall
16continue until terminated or suspended as follows:
17        (1) The Program may be terminated or suspended: (A) by
18    the State Comptroller, after consulting with the
19    Department, by giving 10 days prior written notice to the
20    Department and the qualified purchasers in the Program; or
21    (B) by the Department, after consulting with the State
22    Comptroller, by giving 10 days prior written notice to the
23    State Comptroller and the qualified purchasers in the
24    Program.
25        (2) In the event a qualified purchaser or
26    sub-participant breaches or fails to meet any of the terms

 

 

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1    or conditions of the Program, that qualified purchaser or
2    sub-participant may be terminated from the Program: (A) by
3    the State Comptroller, after consulting with the
4    Department. The termination shall be effective immediately
5    upon the State Comptroller giving written notice to the
6    Department and the qualified purchaser or sub-participant;
7    or (B) by the Department, after consulting with the State
8    Comptroller. The termination shall be effective
9    immediately upon the Department giving written notice to
10    the State Comptroller and the qualified purchaser or
11    sub-participant.
12        (3) A qualified purchaser or sub-participant may
13    terminate its participation in the Program, solely with
14    respect to its own participation in the Program, in the
15    event of any change to this Act from the form that existed
16    on the date that the qualified purchaser or the
17    sub-participant, as applicable, submitted the necessary
18    documentation for admission into the Program if the change
19    materially and adversely affects the qualified purchaser's
20    or the sub-participant's ability to purchase and receive
21    payment on receivables on the terms described in this
22    Section.
23    If the Program, a qualified purchaser, or a
24sub-participant is terminated or suspended under paragraph (1)
25or (2) of this subsection (i), the Program, qualified
26purchaser, or sub-participant may be reinstated only by

 

 

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1written agreement of the State Comptroller and the Department.
2No termination or suspension under paragraph (1), (2), or (3)
3of this subsection (i) shall alter or affect the qualified
4purchaser's or sub-participant's obligations with respect to
5assigned receivables purchased by or through the qualified
6purchaser prior to the termination.
7(Source: P.A. 100-1089, eff. 8-24-18; 101-81, eff. 7-12-19.)
 
8    (30 ILCS 540/9)
9    Sec. 9. Vendor Payment Program financial backer
10disclosure.
11    (a) Within 60 days after August 24, 2018 (the effective
12date of Public Act 100-1089) this amendatory Act of the 100th
13General Assembly, at the time of application, and annually on
14August July 1 of each year for the previous fiscal year, each
15qualified purchaser shall submit to the Department and the
16State Comptroller the following information about each person,
17director, owner, officer, association, financial backer,
18partnership, other entity, corporation, or trust with an
19indirect or direct financial interest in each qualified
20purchaser:
21        (1) percent ownership;
22        (2) type of ownership;
23        (3) first name, middle name, last name, maiden name
24    (if applicable), including aliases or former names;
25        (4) mailing address;

 

 

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1        (5) type of business entity, if applicable;
2        (6) dates and jurisdiction of business formation or
3    incorporation, if applicable;
4        (7) names of controlling shareholders, class of stock,
5    percentage ownership;
6        (8) any indirect earnings resulting from the Program;
7    and
8        (9) any earnings associated with the Program to any
9    parties not previously disclosed.
10    (b) Within 60 days after August 24, 2018 (the effective
11date of Public Act 100-1089) this amendatory Act of the 100th
12General Assembly, at the time of application, and annually on
13August July 1 of each year for the previous fiscal year, each
14trust associated with the qualified purchaser shall submit to
15the Department and the State Comptroller the following
16information:
17        (1) names, addresses, dates of birth, and percentages
18    of interest of all beneficiaries;
19        (2) any indirect earnings resulting from the Program;
20    and
21        (3) any earnings associated with the Program to any
22    parties not previously disclosed.
23    (c) Each qualified purchaser must submit a statement to
24the State Comptroller and the Department of Central Management
25Services disclosing whether such qualified purchaser or any
26related person, director, owner, officer, or financial backer

 

 

SB0581 Enrolled- 52 -LRB102 13774 RJF 19124 b

1has previously or currently retained or contracted with any
2registered lobbyist, lawyer, accountant, or other consultant
3to prepare the disclosure required under this Section.
4(Source: P.A. 100-1089, eff. 8-24-18.)
 
5    Section 40. The Property Tax Code is amended by changing
6Section 30-31 as follows:
 
7    (35 ILCS 200/30-31)
8    Sec. 30-31. Fiscal Responsibility Report Card; State
9Comptroller. The State Comptroller, within 180 days of the
10conclusion of the fiscal year of the State, shall make
11available on the Comptroller's website submit to the General
12Assembly and the clerk of each county a Fiscal Responsibility
13Report Card in the form prescribed by the State Comptroller
14after consultation with other State Constitutional officers
15selected by the State Comptroller. The Fiscal Responsibility
16Report Card shall inform the General Assembly and the county
17clerks about the amounts, sources, and uses of tax revenues
18received and expended by each taxing district, other than a
19school district, that imposes ad valorem taxes.
20(Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.