Full Text of HB4601 97th General Assembly
HB4601enr 97TH GENERAL ASSEMBLY |
| | HB4601 Enrolled | | LRB097 18347 PJG 63573 b |
|
| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Records Act is amended by changing | 5 | | Section 9 as follows:
| 6 | | (5 ILCS 160/9) (from Ch. 116, par. 43.12)
| 7 | | Sec. 9.
The head of each agency shall establish, and | 8 | | maintain an active,
continuing program for the economical and | 9 | | efficient management of the
records of the agency.
| 10 | | Such program:
| 11 | | (1) shall provide for effective controls over the creation, | 12 | | maintenance,
and use of records in the conduct of current | 13 | | business and shall ensure that
agency electronic records, as | 14 | | specified in Section 5-135 of the Electronic
Commerce Security | 15 | | Act, are retained in a trustworthy manner so that the
records, | 16 | | and the information contained in the records, are accessible | 17 | | and
usable for reference
for the duration of the retention | 18 | | period; all computer tape or disk maintenance
and preservation | 19 | | procedures
must be fully applied and, if equipment or programs | 20 | | providing access to the
records are updated or replaced, the | 21 | | existing data must remain accessible in
the successor format | 22 | | for the duration of the approved retention period;
| 23 | | (2) shall provide for cooperation with the Secretary in |
| | | HB4601 Enrolled | - 2 - | LRB097 18347 PJG 63573 b |
|
| 1 | | appointing a
records officer and in applying
standards, | 2 | | procedures, and techniques to improve the management of | 3 | | records,
promote the maintenance and security of records deemed | 4 | | appropriate for
preservation, and facilitate the segregation | 5 | | and disposal of records of
temporary value; and
| 6 | | (3) shall provide for compliance with the provisions of | 7 | | this Act and the
rules and regulations issued thereunder. | 8 | | If an agency has delegated its authority to retain records | 9 | | to another agency, then the delegate agency shall maintain the | 10 | | same, or a more diligent, record retention methodology and | 11 | | record retention period as the original agency's program. If | 12 | | the delegate is from the legislative or judicial branch, then | 13 | | the delegate may use the same record retention methodology and | 14 | | record retention period that the delegate uses for similar | 15 | | records.
| 16 | | (Source: P.A. 92-866, eff. 1-3-03.)
| 17 | | Section 10. The Comptroller's Records Act is amended by | 18 | | changing Section 7 as follows:
| 19 | | (15 ILCS 415/7) (from Ch. 15, par. 31)
| 20 | | Sec. 7. Certificate of destruction. Before the destruction | 21 | | of any
warrants or records pursuant to this Act, the State | 22 | | Comptroller shall have
prepared a certificate setting forth by | 23 | | summary description the warrants or
records and the manner, | 24 | | time and place of their destruction. The
certificate shall be |
| | | HB4601 Enrolled | - 3 - | LRB097 18347 PJG 63573 b |
|
| 1 | | signed by at least 2 witnesses of such destruction and
shall be | 2 | | kept in the permanent files of the Comptroller.
| 3 | | (Source: P.A. 78-592.)
| 4 | | Section 15. The State Finance Act is amended by changing | 5 | | Sections 12 and 25 as follows:
| 6 | | (30 ILCS 105/12) (from Ch. 127, par. 148)
| 7 | | Sec. 12.
Each voucher for traveling expenses shall indicate | 8 | | the
purpose of the travel as required by applicable travel | 9 | | regulations,
shall be itemized and shall be accompanied by all | 10 | | receipts specified in
the applicable travel regulations and by | 11 | | a certificate, signed by the
person incurring such expense, | 12 | | certifying that the amount is correct and
just; that the | 13 | | detailed items charged for subsistence were actually
paid; that | 14 | | the expenses were occasioned by official business or
| 15 | | unavoidable delays requiring the stay of such person at hotels | 16 | | for the
time specified; that the journey was performed with all | 17 | | practicable
dispatch by the shortest route usually traveled in | 18 | | the customary
reasonable manner; and that such person has not | 19 | | been furnished with
transportation or money in lieu thereof; | 20 | | for any part of the journey
therein charged for. | 21 | | Upon written approval by the office of the Comptroller, a | 22 | | State agency may maintain the original travel voucher, the | 23 | | receipts, and the proof of the traveler's signature on the | 24 | | traveler's certification statement at the office of the State |
| | | HB4601 Enrolled | - 4 - | LRB097 18347 PJG 63573 b |
|
| 1 | | agency. However, nothing in this Section shall be construed to | 2 | | exempt a State agency from submitting a detailed travel voucher | 3 | | as prescribed by the office of the Comptroller.
| 4 | | An information copy of each voucher covering a claim by a | 5 | | person
subject to the official travel regulations promulgated | 6 | | under Section
12-2 for travel reimbursement involving an | 7 | | exception to the general
restrictions of such travel | 8 | | regulations shall be filed with the
applicable travel control | 9 | | board which shall consider these vouchers, or a
report thereof, | 10 | | for approval. Amounts disbursed for travel reimbursement
| 11 | | claims which are disapproved by the applicable travel control | 12 | | board shall
be refunded by the traveler and deposited in the | 13 | | fund or account from
which payment was made.
| 14 | | (Source: P.A. 84-345.)
| 15 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
| 16 | | Sec. 25. Fiscal year limitations.
| 17 | | (a) All appropriations shall be
available for expenditure | 18 | | for the fiscal year or for a lesser period if the
Act making | 19 | | that appropriation so specifies. A deficiency or emergency
| 20 | | appropriation shall be available for expenditure only through | 21 | | June 30 of
the year when the Act making that appropriation is | 22 | | enacted unless that Act
otherwise provides.
| 23 | | (b) Outstanding liabilities as of June 30, payable from | 24 | | appropriations
which have otherwise expired, may be paid out of | 25 | | the expiring
appropriations during the 2-month period ending at |
| | | HB4601 Enrolled | - 5 - | LRB097 18347 PJG 63573 b |
|
| 1 | | the
close of business on August 31. Any service involving
| 2 | | professional or artistic skills or any personal services by an | 3 | | employee whose
compensation is subject to income tax | 4 | | withholding must be performed as of June
30 of the fiscal year | 5 | | in order to be considered an "outstanding liability as of
June | 6 | | 30" that is thereby eligible for payment out of the expiring
| 7 | | appropriation.
| 8 | | (b-1) However, payment of tuition reimbursement claims | 9 | | under Section 14-7.03 or
18-3 of the School Code may be made by | 10 | | the State Board of Education from its
appropriations for those | 11 | | respective purposes for any fiscal year, even though
the claims | 12 | | reimbursed by the payment may be claims attributable to a prior
| 13 | | fiscal year, and payments may be made at the direction of the | 14 | | State
Superintendent of Education from the fund from which the | 15 | | appropriation is made
without regard to any fiscal year | 16 | | limitations, except as required by subsection (j) of this | 17 | | Section. Beginning on June 30, 2021, payment of tuition | 18 | | reimbursement claims under Section 14-7.03 or 18-3 of the | 19 | | School Code as of June 30, payable from appropriations that | 20 | | have otherwise expired, may be paid out of the expiring | 21 | | appropriation during the 4-month period ending at the close of | 22 | | business on October 31.
| 23 | | (b-2) All outstanding liabilities as of June 30, 2010, | 24 | | payable from appropriations that would otherwise expire at the | 25 | | conclusion of the lapse period for fiscal year 2010, and | 26 | | interest penalties payable on those liabilities under the State |
| | | HB4601 Enrolled | - 6 - | LRB097 18347 PJG 63573 b |
|
| 1 | | Prompt Payment Act, may be paid out of the expiring | 2 | | appropriations until December 31, 2010, without regard to the | 3 | | fiscal year in which the payment is made, as long as vouchers | 4 | | for the liabilities are received by the Comptroller no later | 5 | | than August 31, 2010. | 6 | | (b-2.5) All outstanding liabilities as of June 30, 2011, | 7 | | payable from appropriations that would otherwise expire at the | 8 | | conclusion of the lapse period for fiscal year 2011, and | 9 | | interest penalties payable on those liabilities under the State | 10 | | Prompt Payment Act, may be paid out of the expiring | 11 | | appropriations until December 31, 2011, without regard to the | 12 | | fiscal year in which the payment is made, as long as vouchers | 13 | | for the liabilities are received by the Comptroller no later | 14 | | than August 31, 2011. | 15 | | (b-2.6) For fiscal years 2012 and 2013, interest penalties | 16 | | payable under the State Prompt Payment Act associated with a | 17 | | voucher for which payment is issued after June 30 may be paid | 18 | | out of the next fiscal year's appropriation. The future year | 19 | | appropriation must be for the same purpose and from the same | 20 | | fund as the original payment. An interest penalty voucher | 21 | | submitted against a future year appropriation must be submitted | 22 | | within 60 days after the issuance of the associated voucher, | 23 | | and the Comptroller must issue the interest payment within 60 | 24 | | days after acceptance of the interest voucher. | 25 | | (b-3) Medical payments may be made by the Department of | 26 | | Veterans' Affairs from
its
appropriations for those purposes |
| | | HB4601 Enrolled | - 7 - | LRB097 18347 PJG 63573 b |
|
| 1 | | for any fiscal year, without regard to the
fact that the | 2 | | medical services being compensated for by such payment may have
| 3 | | been rendered in a prior fiscal year, except as required by | 4 | | subsection (j) of this Section. Beginning on June 30, 2021, | 5 | | medical payments payable from appropriations that have | 6 | | otherwise expired may be paid out of the expiring appropriation | 7 | | during the 4-month period ending at the close of business on | 8 | | October 31.
| 9 | | (b-4) Medical payments may be made by the Department of | 10 | | Healthcare and Family Services and medical payments and child | 11 | | care
payments may be made by the Department of
Human Services | 12 | | (as successor to the Department of Public Aid) from
| 13 | | appropriations for those purposes for any fiscal year,
without | 14 | | regard to the fact that the medical or child care services | 15 | | being
compensated for by such payment may have been rendered in | 16 | | a prior fiscal
year; and payments may be made at the direction | 17 | | of the Department of
Healthcare and Family Services from the | 18 | | Health Insurance Reserve Fund and the
Local Government Health | 19 | | Insurance Reserve Fund without regard to any fiscal
year | 20 | | limitations, except as required by subsection (j) of this | 21 | | Section. Beginning on June 30, 2021, medical payments made by | 22 | | the Department of Healthcare and Family Services, child care | 23 | | payments made by the Department of Human Services, and payments | 24 | | made at the discretion of the Department of Healthcare and | 25 | | Family Services from the Health Insurance Reserve Fund and the | 26 | | Local Government Health Insurance Reserve Fund payable from |
| | | HB4601 Enrolled | - 8 - | LRB097 18347 PJG 63573 b |
|
| 1 | | appropriations that have otherwise expired may be paid out of | 2 | | the expiring appropriation during the 4-month period ending at | 3 | | the close of business on October 31.
| 4 | | (b-5) Medical payments may be made by the Department of | 5 | | Human Services from its appropriations relating to substance | 6 | | abuse treatment services for any fiscal year, without regard to | 7 | | the fact that the medical services being compensated for by | 8 | | such payment may have been rendered in a prior fiscal year, | 9 | | provided the payments are made on a fee-for-service basis | 10 | | consistent with requirements established for Medicaid | 11 | | reimbursement by the Department of Healthcare and Family | 12 | | Services, except as required by subsection (j) of this Section. | 13 | | Beginning on June 30, 2021, medical payments made by the | 14 | | Department of Human Services relating to substance abuse | 15 | | treatment services payable from appropriations that have | 16 | | otherwise expired may be paid out of the expiring appropriation | 17 | | during the 4-month period ending at the close of business on | 18 | | October 31. | 19 | | (b-6) Additionally, payments may be made by the Department | 20 | | of Human Services from
its appropriations, or any other State | 21 | | agency from its appropriations with
the approval of the | 22 | | Department of Human Services, from the Immigration Reform
and | 23 | | Control Fund for purposes authorized pursuant to the | 24 | | Immigration Reform
and Control Act of 1986, without regard to | 25 | | any fiscal year limitations, except as required by subsection | 26 | | (j) of this Section. Beginning on June 30, 2021, payments made |
| | | HB4601 Enrolled | - 9 - | LRB097 18347 PJG 63573 b |
|
| 1 | | by the Department of Human Services from the Immigration Reform | 2 | | and Control Fund for purposes authorized pursuant to the | 3 | | Immigration Reform and Control Act of 1986 payable from | 4 | | appropriations that have otherwise expired may be paid out of | 5 | | the expiring appropriation during the 4-month period ending at | 6 | | the close of business on October 31.
| 7 | | (b-7) Payments may be made in accordance with a plan | 8 | | authorized by paragraph (11) or (12) of Section 405-105 of the | 9 | | Department of Central Management Services Law from | 10 | | appropriations for those payments without regard to fiscal year | 11 | | limitations. | 12 | | (c) Further, payments may be made by the Department of | 13 | | Public Health, the
Department of Human Services (acting as | 14 | | successor to the Department of Public
Health under the | 15 | | Department of Human Services Act), and the Department of | 16 | | Healthcare and Family Services
from their respective | 17 | | appropriations for grants for medical care to or on
behalf of | 18 | | persons
suffering from chronic renal disease, persons | 19 | | suffering from hemophilia, rape
victims, and premature and | 20 | | high-mortality risk infants and their mothers and
for grants | 21 | | for supplemental food supplies provided under the United States
| 22 | | Department of Agriculture Women, Infants and Children | 23 | | Nutrition Program,
for any fiscal year without regard to the | 24 | | fact that the services being
compensated for by such payment | 25 | | may have been rendered in a prior fiscal year, except as | 26 | | required by subsection (j) of this Section. Beginning on June |
| | | HB4601 Enrolled | - 10 - | LRB097 18347 PJG 63573 b |
|
| 1 | | 30, 2021, payments made by the Department of Public Health, the | 2 | | Department of Human Services, and the Department of Healthcare | 3 | | and Family Services from their respective appropriations for | 4 | | grants for medical care to or on behalf of persons suffering | 5 | | from chronic renal disease, persons suffering from hemophilia, | 6 | | rape victims, and premature and high-mortality risk infants and | 7 | | their mothers and for grants for supplemental food supplies | 8 | | provided under the United States Department of Agriculture | 9 | | Women, Infants and Children Nutrition Program payable from | 10 | | appropriations that have otherwise expired may be paid out of | 11 | | the expiring appropriations during the 4-month period ending at | 12 | | the close of business on October 31.
| 13 | | (d) The Department of Public Health and the Department of | 14 | | Human Services
(acting as successor to the Department of Public | 15 | | Health under the Department of
Human Services Act) shall each | 16 | | annually submit to the State Comptroller, Senate
President, | 17 | | Senate
Minority Leader, Speaker of the House, House Minority | 18 | | Leader, and the
respective Chairmen and Minority Spokesmen of | 19 | | the
Appropriations Committees of the Senate and the House, on | 20 | | or before
December 31, a report of fiscal year funds used to | 21 | | pay for services
provided in any prior fiscal year. This report | 22 | | shall document by program or
service category those | 23 | | expenditures from the most recently completed fiscal
year used | 24 | | to pay for services provided in prior fiscal years.
| 25 | | (e) The Department of Healthcare and Family Services, the | 26 | | Department of Human Services
(acting as successor to the |
| | | HB4601 Enrolled | - 11 - | LRB097 18347 PJG 63573 b |
|
| 1 | | Department of Public Aid), and the Department of Human Services | 2 | | making fee-for-service payments relating to substance abuse | 3 | | treatment services provided during a previous fiscal year shall | 4 | | each annually
submit to the State
Comptroller, Senate | 5 | | President, Senate Minority Leader, Speaker of the House,
House | 6 | | Minority Leader, the respective Chairmen and Minority | 7 | | Spokesmen of the
Appropriations Committees of the Senate and | 8 | | the House, on or before November
30, a report that shall | 9 | | document by program or service category those
expenditures from | 10 | | the most recently completed fiscal year used to pay for (i)
| 11 | | services provided in prior fiscal years and (ii) services for | 12 | | which claims were
received in prior fiscal years.
| 13 | | (f) The Department of Human Services (as successor to the | 14 | | Department of
Public Aid) shall annually submit to the State
| 15 | | Comptroller, Senate President, Senate Minority Leader, Speaker | 16 | | of the House,
House Minority Leader, and the respective | 17 | | Chairmen and Minority Spokesmen of
the Appropriations | 18 | | Committees of the Senate and the House, on or before
December | 19 | | 31, a report
of fiscal year funds used to pay for services | 20 | | (other than medical care)
provided in any prior fiscal year. | 21 | | This report shall document by program or
service category those | 22 | | expenditures from the most recently completed fiscal
year used | 23 | | to pay for services provided in prior fiscal years.
| 24 | | (g) In addition, each annual report required to be | 25 | | submitted by the
Department of Healthcare and Family Services | 26 | | under subsection (e) shall include the following
information |
| | | HB4601 Enrolled | - 12 - | LRB097 18347 PJG 63573 b |
|
| 1 | | with respect to the State's Medicaid program:
| 2 | | (1) Explanations of the exact causes of the variance | 3 | | between the previous
year's estimated and actual | 4 | | liabilities.
| 5 | | (2) Factors affecting the Department of Healthcare and | 6 | | Family Services' liabilities,
including but not limited to | 7 | | numbers of aid recipients, levels of medical
service | 8 | | utilization by aid recipients, and inflation in the cost of | 9 | | medical
services.
| 10 | | (3) The results of the Department's efforts to combat | 11 | | fraud and abuse.
| 12 | | (h) As provided in Section 4 of the General Assembly | 13 | | Compensation Act,
any utility bill for service provided to a | 14 | | General Assembly
member's district office for a period | 15 | | including portions of 2 consecutive
fiscal years may be paid | 16 | | from funds appropriated for such expenditure in
either fiscal | 17 | | year.
| 18 | | (i) An agency which administers a fund classified by the | 19 | | Comptroller as an
internal service fund may issue rules for:
| 20 | | (1) billing user agencies in advance for payments or | 21 | | authorized inter-fund transfers
based on estimated charges | 22 | | for goods or services;
| 23 | | (2) issuing credits, refunding through inter-fund | 24 | | transfers, or reducing future inter-fund transfers
during
| 25 | | the subsequent fiscal year for all user agency payments or | 26 | | authorized inter-fund transfers received during the
prior |
| | | HB4601 Enrolled | - 13 - | LRB097 18347 PJG 63573 b |
|
| 1 | | fiscal year which were in excess of the final amounts owed | 2 | | by the user
agency for that period; and
| 3 | | (3) issuing catch-up billings to user agencies
during | 4 | | the subsequent fiscal year for amounts remaining due when | 5 | | payments or authorized inter-fund transfers
received from | 6 | | the user agency during the prior fiscal year were less than | 7 | | the
total amount owed for that period.
| 8 | | User agencies are authorized to reimburse internal service | 9 | | funds for catch-up
billings by vouchers drawn against their | 10 | | respective appropriations for the
fiscal year in which the | 11 | | catch-up billing was issued or by increasing an authorized | 12 | | inter-fund transfer during the current fiscal year. For the | 13 | | purposes of this Act, "inter-fund transfers" means transfers | 14 | | without the use of the voucher-warrant process, as authorized | 15 | | by Section 9.01 of the State Comptroller Act.
| 16 | | (i-1) Beginning on July 1, 2021, all outstanding | 17 | | liabilities, not payable during the 4-month lapse period as | 18 | | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | 19 | | (c) of this Section, that are made from appropriations for that | 20 | | purpose for any fiscal year, without regard to the fact that | 21 | | the services being compensated for by those payments may have | 22 | | been rendered in a prior fiscal year, are limited to only those | 23 | | claims that have been incurred but for which a proper bill or | 24 | | invoice as defined by the State Prompt Payment Act has not been | 25 | | received by September 30th following the end of the fiscal year | 26 | | in which the service was rendered. |
| | | HB4601 Enrolled | - 14 - | LRB097 18347 PJG 63573 b |
|
| 1 | | (j) Notwithstanding any other provision of this Act, the | 2 | | aggregate amount of payments to be made without regard for | 3 | | fiscal year limitations as contained in subsections (b-1), | 4 | | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | 5 | | determined by using Generally Accepted Accounting Principles, | 6 | | shall not exceed the following amounts: | 7 | | (1) $6,000,000,000 for outstanding liabilities related | 8 | | to fiscal year 2012; | 9 | | (2) $5,300,000,000 for outstanding liabilities related | 10 | | to fiscal year 2013; | 11 | | (3) $4,600,000,000 for outstanding liabilities related | 12 | | to fiscal year 2014; | 13 | | (4) $4,000,000,000 for outstanding liabilities related | 14 | | to fiscal year 2015; | 15 | | (5) $3,300,000,000 for outstanding liabilities related | 16 | | to fiscal year 2016; | 17 | | (6) $2,600,000,000 for outstanding liabilities related | 18 | | to fiscal year 2017; | 19 | | (7) $2,000,000,000 for outstanding liabilities related | 20 | | to fiscal year 2018; | 21 | | (8) $1,300,000,000 for outstanding liabilities related | 22 | | to fiscal year 2019; | 23 | | (9) $600,000,000 for outstanding liabilities related | 24 | | to fiscal year 2020; and | 25 | | (10) $0 for outstanding liabilities related to fiscal | 26 | | year 2021 and fiscal years thereafter. |
| | | HB4601 Enrolled | - 15 - | LRB097 18347 PJG 63573 b |
|
| 1 | | (k) The Comptroller must issue payments against | 2 | | outstanding liabilities that were received prior to the lapse | 3 | | period deadlines set forth in this Section as soon thereafter | 4 | | as practical, but no payment may be issued after the 4 months | 5 | | following the lapse period deadline without the signed | 6 | | authorization of the Comptroller and the Governor. | 7 | | (Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10; | 8 | | 96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff. | 9 | | 8-12-11.)
| 10 | | Section 20. The Illinois Procurement Code is amended by | 11 | | changing Section 20-80 as follows:
| 12 | | (30 ILCS 500/20-80)
| 13 | | Sec. 20-80. Contract files.
| 14 | | (a) Written determinations. All written determinations
| 15 | | required under this Article shall
be placed in the contract | 16 | | file maintained by the chief procurement officer.
| 17 | | (b) Filing with Comptroller. Whenever a grant, defined | 18 | | pursuant to
accounting standards established by the | 19 | | Comptroller, or a contract
liability,
except for:
(1) contracts | 20 | | paid
from personal services, or
(2) contracts between the State | 21 | | and its
employees to defer
compensation in accordance with | 22 | | Article 24 of the Illinois Pension Code,
exceeding $20,000 | 23 | | $10,000 is incurred by any
State agency, a copy of the | 24 | | contract, purchase order, grant, or
lease shall be filed with |
| | | HB4601 Enrolled | - 16 - | LRB097 18347 PJG 63573 b |
|
| 1 | | the
Comptroller within 30 15 days thereafter. Beginning January | 2 | | 1, 2013, the Comptroller may require that contracts and grants | 3 | | required to be filed with the Comptroller under this Section | 4 | | shall be filed electronically, unless the agency is incapable | 5 | | of filing the contract or grant electronically because it does | 6 | | not possess the necessary technology or equipment. Any agency | 7 | | that is incapable of electronically filing its contracts or | 8 | | grants shall submit a written statement to the Governor and to | 9 | | the Comptroller attesting to the reasons for its inability to | 10 | | comply. This statement shall include a discussion of what the | 11 | | agency needs in order to effectively comply with this Section. | 12 | | Prior to requiring electronic filing, the Comptroller shall | 13 | | consult with the Governor as to the feasibility of establishing | 14 | | mutually agreeable technical standards for the electronic | 15 | | document imaging, storage, and transfer of contracts and | 16 | | grants, taking into consideration the technology available to | 17 | | that agency, best practices, and the technological | 18 | | capabilities of State agencies. Nothing in this amendatory Act | 19 | | of the 97th General Assembly shall be construed to impede the | 20 | | implementation of an Enterprise Resource Planning (ERP) | 21 | | system. For each State contract for goods, supplies, or | 22 | | services awarded on or after July 1, 2010, the contracting | 23 | | agency shall provide the applicable rate and unit of | 24 | | measurement of the goods, supplies, or services on the contract | 25 | | obligation document as required by the Comptroller. If the | 26 | | contract obligation document that is submitted to the |
| | | HB4601 Enrolled | - 17 - | LRB097 18347 PJG 63573 b |
|
| 1 | | Comptroller contains the rate and unit of measurement of the | 2 | | goods, supplies, or services, the Comptroller shall provide | 3 | | that information on his or her official website. Any | 4 | | cancellation or
modification to any such contract
liability | 5 | | shall be filed with the Comptroller within 30 15 days of
its | 6 | | execution.
| 7 | | (c) Late filing affidavit. When a contract, purchase order, | 8 | | grant,
or lease required to be
filed by this Section has not | 9 | | been filed within 30 days of
execution, the Comptroller shall | 10 | | refuse
to issue a warrant for payment thereunder until the | 11 | | agency files
with the Comptroller the
contract, purchase order, | 12 | | grant, or lease and an affidavit, signed by the
chief executive | 13 | | officer of the
agency or his or her designee, setting forth an | 14 | | explanation of why
the contract liability was not
filed within | 15 | | 30 days of execution. A copy of this affidavit shall
be filed | 16 | | with the Auditor
General.
| 17 | | (d) Timely execution of contracts. No
voucher shall be | 18 | | submitted to the
Comptroller for a warrant to be drawn for the | 19 | | payment of money
from the State treasury or from
other funds | 20 | | held by the State Treasurer on account of any contract unless | 21 | | the
contract is reduced to writing
before the services are | 22 | | performed and filed with the Comptroller. Vendors shall not be | 23 | | paid for any goods that were received or services that were | 24 | | rendered before the contract was reduced to writing and signed | 25 | | by all necessary parties. A chief procurement officer may | 26 | | request an exception to this subsection by submitting a written |
| | | HB4601 Enrolled | - 18 - | LRB097 18347 PJG 63573 b |
|
| 1 | | statement to the Comptroller and Treasurer setting forth the | 2 | | circumstances and reasons why the contract could not be reduced | 3 | | to writing before the supplies were received or services were | 4 | | performed. A waiver of this subsection must be approved by the | 5 | | Comptroller and Treasurer. This Section shall not apply to | 6 | | emergency purchases if notice of the emergency purchase is | 7 | | filed with the Procurement Policy Board and published in the | 8 | | Bulletin as required by this Code.
| 9 | | (e) Method of source selection. When a contract is filed
| 10 | | with the Comptroller under this
Section, the Comptroller's file | 11 | | shall identify the method of
source selection used in obtaining | 12 | | the
contract.
| 13 | | (Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10 (see | 14 | | Section 5 of P.A. 96-793 for the effective date of changes made | 15 | | by P.A. 96-795); 96-1000, eff. 7-2-10.) | 16 | | Section 25. The State Prompt Payment Act is amended by | 17 | | changing Section 3-2 as follows:
| 18 | | (30 ILCS 540/3-2)
| 19 | | Sec. 3-2. Beginning July 1, 1993, in any instance where a | 20 | | State official or
agency is late in payment of a vendor's bill | 21 | | or invoice for goods or services
furnished to the State, as | 22 | | defined in Section 1, properly approved in
accordance with | 23 | | rules promulgated under Section 3-3, the State official or
| 24 | | agency shall pay interest to the vendor in accordance with the |
| | | HB4601 Enrolled | - 19 - | LRB097 18347 PJG 63573 b |
|
| 1 | | following:
| 2 | | (1) Any bill, except a bill submitted under Article V | 3 | | of the Illinois Public Aid Code and except as provided | 4 | | under paragraph (1.05) of this Section, approved for | 5 | | payment under this Section must be paid
or the payment | 6 | | issued to the payee within 60 days of receipt
of a proper | 7 | | bill or invoice.
If payment is not issued to the payee | 8 | | within this 60-day
period, an
interest penalty of 1.0% of | 9 | | any amount approved and unpaid shall be added
for each | 10 | | month or fraction thereof after the end of this 60-day | 11 | | period,
until final payment is made. Any bill, except a | 12 | | bill for pharmacy
or nursing facility services or goods, | 13 | | and except as provided under paragraph (1.05) 1.05 of this | 14 | | Section, submitted under Article V of the Illinois Public | 15 | | Aid Code approved for payment under this Section must be | 16 | | paid
or the payment issued to the payee within 60 days | 17 | | after receipt
of a proper bill or invoice, and,
if payment | 18 | | is not issued to the payee within this 60-day
period, an
| 19 | | interest penalty of 2.0% of any amount approved and unpaid | 20 | | shall be added
for each month or fraction thereof after the | 21 | | end of this 60-day period,
until final payment is made. Any | 22 | | bill for pharmacy or nursing facility services or
goods | 23 | | submitted under Article V of the Illinois Public Aid
Code, | 24 | | except as provided under paragraph (1.05) of this Section, | 25 | | and approved for payment under this Section must be paid
or | 26 | | the payment issued to the payee within 60 days of
receipt |
| | | HB4601 Enrolled | - 20 - | LRB097 18347 PJG 63573 b |
|
| 1 | | of a proper bill or invoice. If payment is not
issued to | 2 | | the payee within this 60-day period, an interest
penalty of | 3 | | 1.0% of any amount approved and unpaid shall be
added for | 4 | | each month or fraction thereof after the end of this 60-day | 5 | | period, until final payment is made.
| 6 | | (1.05) For State fiscal year 2012 and future fiscal | 7 | | years, any bill approved for payment under this Section | 8 | | must be paid
or the payment issued to the payee within 90 | 9 | | days of receipt
of a proper bill or invoice.
If payment is | 10 | | not issued to the payee within this 90-day
period, an
| 11 | | interest penalty of 1.0% of any amount approved and unpaid | 12 | | shall be added
for each month , or 00.0033% (1/30%) of any | 13 | | amount approved and unpaid for each day, fraction thereof | 14 | | after the end of this 90-day period,
until final payment is | 15 | | made.
| 16 | | (1.1) A State agency shall review in a timely manner | 17 | | each bill or
invoice after its receipt. If the
State agency | 18 | | determines that the bill or invoice contains a defect | 19 | | making it
unable to process the payment request, the agency
| 20 | | shall notify the vendor requesting payment as soon as | 21 | | possible after
discovering the
defect pursuant to rules | 22 | | promulgated under Section 3-3; provided, however, that the | 23 | | notice for construction related bills or invoices must be | 24 | | given not later than 30 days after the bill or invoice was | 25 | | first submitted. The notice shall
identify the defect and | 26 | | any additional information
necessary to correct the |
| | | HB4601 Enrolled | - 21 - | LRB097 18347 PJG 63573 b |
|
| 1 | | defect. If one or more items on a construction related bill | 2 | | or invoice are disapproved, but not the entire bill or | 3 | | invoice, then the portion that is not disapproved shall be | 4 | | paid.
| 5 | | (2) Where a State official or agency is late in payment | 6 | | of a
vendor's bill or invoice properly approved in | 7 | | accordance with this Act, and
different late payment terms | 8 | | are not reduced to writing as a contractual
agreement, the | 9 | | State official or agency shall automatically pay interest
| 10 | | penalties required by this Section amounting to $50 or more | 11 | | to the appropriate
vendor. Each agency shall be responsible | 12 | | for determining whether an interest
penalty
is
owed and
for | 13 | | paying the interest to the vendor. Except as provided in | 14 | | paragraph (4), an individual interest payment amounting to | 15 | | $5 or less shall not be paid by the State.
Interest due to | 16 | | a vendor that amounts to greater than $5 and less than $50 | 17 | | shall not be paid but shall be accrued until all interest | 18 | | due the vendor for all similar warrants exceeds $50, at | 19 | | which time the accrued interest shall be payable and | 20 | | interest will begin accruing again, except that interest | 21 | | accrued as of the end of the fiscal year that does not | 22 | | exceed $50 shall be payable at that time. In the event an
| 23 | | individual has paid a vendor for services in advance, the | 24 | | provisions of this
Section shall apply until payment is | 25 | | made to that individual.
| 26 | | (3) The provisions of Public Act 96-1501 reducing the |
| | | HB4601 Enrolled | - 22 - | LRB097 18347 PJG 63573 b |
|
| 1 | | interest rate on pharmacy claims under Article V of the | 2 | | Illinois Public Aid Code to 1.0% per month shall apply to | 3 | | any pharmacy bills for services and goods under Article V | 4 | | of the Illinois Public Aid Code received on or after the | 5 | | date 60 days before January 25, 2011 (the effective date of | 6 | | Public Act 96-1501) except as provided under paragraph | 7 | | (1.05) of this Section. | 8 | | (4) Interest amounting to less than $5 shall not be | 9 | | paid by the State, except for claims (i) to the Department | 10 | | of Healthcare and Family Services or the Department of | 11 | | Human Services, (ii) pursuant to Article V of the Illinois | 12 | | Public Aid Code, the Covering ALL KIDS Health Insurance | 13 | | Act, or the Children's Health Insurance Program Act, and | 14 | | (iii) made (A) by pharmacies for prescriptive services or | 15 | | (B) by any federally qualified health center for | 16 | | prescriptive services or any other services. | 17 | | (Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10; | 18 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff. | 19 | | 1-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff. | 20 | | 6-30-11; 97-348, eff. 8-12-11; revised 9-7-11.)
| 21 | | Section 30. The Governmental Account Audit Act is amended | 22 | | by changing Section 2 as follows:
| 23 | | (50 ILCS 310/2) (from Ch. 85, par. 702)
| 24 | | Sec. 2.
Except as otherwise provided in Section 3, the |
| | | HB4601 Enrolled | - 23 - | LRB097 18347 PJG 63573 b |
|
| 1 | | governing body of
each governmental unit shall cause an audit | 2 | | of the accounts of the unit to be
made by a licensed public | 3 | | accountant. Such audit shall be made annually and
shall cover | 4 | | the immediately preceding fiscal year of the governmental unit.
| 5 | | The audit shall include all the accounts and funds of the | 6 | | governmental
unit, including the accounts of any officer of the | 7 | | governmental unit who
receives fees or handles funds of the | 8 | | unit or who spends money of the unit.
The audit shall begin as | 9 | | soon as possible after the close of the last
fiscal year to | 10 | | which it pertains, and shall be completed and the audit
report | 11 | | filed with the Comptroller within 6 months after the close of | 12 | | such
fiscal year unless an extension of time is granted by the | 13 | | Comptroller in
writing. An audit report which fails to meet the | 14 | | requirements of this
Act shall be rejected by the Comptroller | 15 | | and returned to the governing body
of the governmental unit for | 16 | | corrective action. The
licensed public accountant making the | 17 | | audit shall submit not
less than 3 copies of the audit report | 18 | | to the governing body of the
governmental unit being audited. | 19 | | Any financial report under this Section shall include the | 20 | | name of the purchasing agent who oversees all competitively bid | 21 | | contracts. If there is no purchasing agent, the name of the | 22 | | person responsible for oversight of all competitively bid | 23 | | contracts shall be listed.
| 24 | | (Source: P.A. 85-1000.)
| 25 | | Section 35. The Counties Code is amended by changing |
| | | HB4601 Enrolled | - 24 - | LRB097 18347 PJG 63573 b |
|
| 1 | | Section 6-31003 as follows:
| 2 | | (55 ILCS 5/6-31003) (from Ch. 34, par. 6-31003)
| 3 | | Sec. 6-31003. Annual audits and reports. In counties having | 4 | | a
population of over 10,000 but less than 500,000, the county | 5 | | board of each
county shall cause an audit of all of the funds | 6 | | and accounts of the county
to be made annually by an accountant
| 7 | | or accountants chosen by the county board or by an accountant | 8 | | or accountants
retained by the Comptroller, as hereinafter | 9 | | provided. In addition, each
county having a population of less | 10 | | than 500,000 shall file with the Comptroller
a financial report | 11 | | containing information required by the Comptroller.
Such | 12 | | financial report shall be on a form so designed by the | 13 | | Comptroller
as not to require professional accounting services | 14 | | for its preparation.
| 15 | | Any financial report under this Section shall include the | 16 | | name of the purchasing agent who oversees all competitively bid | 17 | | contracts. If there is no purchasing agent, the name of the | 18 | | person responsible for oversight of all competitively bid | 19 | | contracts shall be listed. | 20 | | The audit shall commence as soon as possible after the | 21 | | close of each
fiscal year and shall be completed within 6 | 22 | | months after the close of such
fiscal year, unless an extension | 23 | | of time is granted by the Comptroller in
writing. Such | 24 | | extension of time shall not exceed 60 days. When the accountant
| 25 | | or accountants have completed the audit a full report thereof |
| | | HB4601 Enrolled | - 25 - | LRB097 18347 PJG 63573 b |
|
| 1 | | shall be made
and not less than 2 copies of each audit report | 2 | | shall be submitted to the
county board. Each audit report shall | 3 | | be signed by the accountant making
the audit and shall include | 4 | | only financial information, findings and
conclusions that are | 5 | | adequately supported by evidence in the auditor's
working | 6 | | papers to demonstrate or prove, when called upon, the basis for | 7 | | the
matters reported and their correctness and reasonableness. | 8 | | In connection
with this, each county board shall retain the | 9 | | right of inspection of the
auditor's working papers and shall | 10 | | make them available to the Comptroller,
or his designee, upon | 11 | | request.
| 12 | | Within 60 days of receipt of an audit report, each county | 13 | | board shall file
one copy of each audit report and each | 14 | | financial report with the Comptroller
and any comment or | 15 | | explanation that the county board may desire to make
concerning | 16 | | such audit report may be attached thereto. An audit report
| 17 | | which fails to meet the requirements of this Division shall be
| 18 | | rejected by the Comptroller and returned to the county board | 19 | | for corrective
action. One copy of each such report shall be | 20 | | filed with the county clerk
of the county so audited.
| 21 | | (Source: P.A. 86-962.)
| 22 | | Section 40. The Illinois Municipal Code is amended by | 23 | | changing Section 8-8-3 as follows: | 24 | | (65 ILCS 5/8-8-3) (from Ch. 24, par. 8-8-3) |
| | | HB4601 Enrolled | - 26 - | LRB097 18347 PJG 63573 b |
|
| 1 | | Sec. 8-8-3. Audit requirements. | 2 | | (a) The corporate authorities of each municipality coming | 3 | | under the
provisions of this Division 8 shall cause an audit of | 4 | | the funds and
accounts of the municipality to be made by an | 5 | | accountant or accountants
employed by such municipality or by | 6 | | an accountant or accountants retained
by the Comptroller, as | 7 | | hereinafter provided. | 8 | | (b) The accounts and funds of each municipality having a | 9 | | population of 800
or more or having a bonded debt or owning or | 10 | | operating any type of public
utility shall be audited annually. | 11 | | The audit herein required shall include
all of the accounts and | 12 | | funds of the municipality. Such audit shall be
begun as soon as | 13 | | possible after the close of the fiscal year, and shall be
| 14 | | completed and the report submitted within 6 months after the | 15 | | close of such
fiscal year, unless an extension of time shall be | 16 | | granted by the
Comptroller in writing. The accountant or | 17 | | accountants making the audit
shall submit not less than 2 | 18 | | copies of the audit report to the corporate
authorities of the | 19 | | municipality being audited. Municipalities not operating
| 20 | | utilities may cause audits of the accounts of municipalities to | 21 | | be made
more often than herein provided, by an accountant or | 22 | | accountants. The audit
report of such audit when filed with the | 23 | | Comptroller together with an audit
report covering the | 24 | | remainder of the period for which an audit is required
to be | 25 | | filed hereunder shall satisfy the requirements of this section. | 26 | | (c) Municipalities of less than 800 population which do not |
| | | HB4601 Enrolled | - 27 - | LRB097 18347 PJG 63573 b |
|
| 1 | | own or operate
public utilities and do not have bonded debt, | 2 | | shall file annually with the
Comptroller a financial report | 3 | | containing information required by the
Comptroller. Such | 4 | | annual financial report shall be on forms devised by the
| 5 | | Comptroller in such manner as to not require professional | 6 | | accounting
services for its preparation. | 7 | | (d) In addition to any audit report required, all | 8 | | municipalities, except
municipalities of less than 800 | 9 | | population which do not own or operate
public utilities and do | 10 | | not have bonded debt, shall file annually with the
Comptroller | 11 | | a supplemental report on forms devised and approved by the
| 12 | | Comptroller. | 13 | | (e) Notwithstanding any provision of law to the contrary, | 14 | | if a municipality (i) has a population of less than 200, (ii) | 15 | | has bonded debt in the amount of $50,000 or less, and (iii) | 16 | | owns or operates a public utility, then the municipality shall | 17 | | cause an audit of the funds and accounts of the municipality to | 18 | | be made by an accountant employed by the municipality or | 19 | | retained by the Comptroller for fiscal year 2011 and every | 20 | | fourth fiscal year thereafter or until the municipality has a | 21 | | population of 200 or more, has bonded debt in excess of | 22 | | $50,000, or no longer owns or operates a public utility. | 23 | | Nothing in this subsection shall be construed as limiting the | 24 | | municipality's duty to file an annual financial report with the | 25 | | Comptroller or to comply with the filing requirements | 26 | | concerning the county clerk. |
| | | HB4601 Enrolled | - 28 - | LRB097 18347 PJG 63573 b |
|
| 1 | | (f) Any financial report under this Section shall include | 2 | | the name of the purchasing agent who oversees all competitively | 3 | | bid contracts. If there is no purchasing agent, the name of the | 4 | | person responsible for oversight of all competitively bid | 5 | | contracts shall be listed. | 6 | | (Source: P.A. 96-1309, eff. 7-27-10.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
|
|