Illinois General Assembly - Full Text of HB4601
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Full Text of HB4601  97th General Assembly

HB4601enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB4601 EnrolledLRB097 18347 PJG 63573 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Records Act is amended by changing
5Section 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
8maintain an active, continuing program for the economical and
9efficient management of the records of the agency.
10    Such program:
11    (1) shall provide for effective controls over the creation,
12maintenance, and use of records in the conduct of current
13business and shall ensure that agency electronic records, as
14specified in Section 5-135 of the Electronic Commerce Security
15Act, are retained in a trustworthy manner so that the records,
16and the information contained in the records, are accessible
17and usable for reference for the duration of the retention
18period; all computer tape or disk maintenance and preservation
19procedures must be fully applied and, if equipment or programs
20providing access to the records are updated or replaced, the
21existing data must remain accessible in the successor format
22for the duration of the approved retention period;
23    (2) shall provide for cooperation with the Secretary in

 

 

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1appointing a records officer and in applying standards,
2procedures, and techniques to improve the management of
3records, promote the maintenance and security of records deemed
4appropriate for preservation, and facilitate the segregation
5and disposal of records of temporary value; and
6    (3) shall provide for compliance with the provisions of
7this Act and the rules and regulations issued thereunder.
8    If an agency has delegated its authority to retain records
9to another agency, then the delegate agency shall maintain the
10same, or a more diligent, record retention methodology and
11record retention period as the original agency's program. If
12the delegate is from the legislative or judicial branch, then
13the delegate may use the same record retention methodology and
14record retention period that the delegate uses for similar
15records.
16(Source: P.A. 92-866, eff. 1-3-03.)
 
17    Section 10. The Comptroller's Records Act is amended by
18changing Section 7 as follows:
 
19    (15 ILCS 415/7)  (from Ch. 15, par. 31)
20    Sec. 7. Certificate of destruction. Before the destruction
21of any warrants or records pursuant to this Act, the State
22Comptroller shall have prepared a certificate setting forth by
23summary description the warrants or records and the manner,
24time and place of their destruction. The certificate shall be

 

 

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1signed by at least 2 witnesses of such destruction and shall be
2kept in the permanent files of the Comptroller.
3(Source: P.A. 78-592.)
 
4    Section 15. The State Finance Act is amended by changing
5Sections 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
8the purpose of the travel as required by applicable travel
9regulations, shall be itemized and shall be accompanied by all
10receipts specified in the applicable travel regulations and by
11a certificate, signed by the person incurring such expense,
12certifying that the amount is correct and just; that the
13detailed items charged for subsistence were actually paid; that
14the expenses were occasioned by official business or
15unavoidable delays requiring the stay of such person at hotels
16for the time specified; that the journey was performed with all
17practicable dispatch by the shortest route usually traveled in
18the customary reasonable manner; and that such person has not
19been furnished with transportation or money in lieu thereof;
20for any part of the journey therein charged for.
21    Upon written approval by the office of the Comptroller, a
22State agency may maintain the original travel voucher, the
23receipts, and the proof of the traveler's signature on the
24traveler's certification statement at the office of the State

 

 

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1agency. However, nothing in this Section shall be construed to
2exempt a State agency from submitting a detailed travel voucher
3as prescribed by the office of the Comptroller.
4    An information copy of each voucher covering a claim by a
5person subject to the official travel regulations promulgated
6under Section 12-2 for travel reimbursement involving an
7exception to the general restrictions of such travel
8regulations shall be filed with the applicable travel control
9board which shall consider these vouchers, or a report thereof,
10for approval. Amounts disbursed for travel reimbursement
11claims which are disapproved by the applicable travel control
12board shall be refunded by the traveler and deposited in the
13fund 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
18for the fiscal year or for a lesser period if the Act making
19that appropriation so specifies. A deficiency or emergency
20appropriation shall be available for expenditure only through
21June 30 of the year when the Act making that appropriation is
22enacted unless that Act otherwise provides.
23    (b) Outstanding liabilities as of June 30, payable from
24appropriations which have otherwise expired, may be paid out of
25the expiring appropriations during the 2-month period ending at

 

 

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1the close of business on August 31. Any service involving
2professional or artistic skills or any personal services by an
3employee whose compensation is subject to income tax
4withholding must be performed as of June 30 of the fiscal year
5in order to be considered an "outstanding liability as of June
630" that is thereby eligible for payment out of the expiring
7appropriation.
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 claims
12reimbursed by the payment may be claims attributable to a prior
13fiscal year, and payments may be made at the direction of the
14State Superintendent of Education from the fund from which the
15appropriation is made without regard to any fiscal year
16limitations, 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) All outstanding liabilities as of June 30, 2010,
24payable from appropriations that would otherwise expire at the
25conclusion of the lapse period for fiscal year 2010, and
26interest penalties payable on those liabilities under the State

 

 

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1Prompt Payment Act, may be paid out of the expiring
2appropriations until December 31, 2010, without regard to the
3fiscal year in which the payment is made, as long as vouchers
4for the liabilities are received by the Comptroller no later
5than August 31, 2010.
6    (b-2.5) All outstanding liabilities as of June 30, 2011,
7payable from appropriations that would otherwise expire at the
8conclusion of the lapse period for fiscal year 2011, and
9interest penalties payable on those liabilities under the State
10Prompt Payment Act, may be paid out of the expiring
11appropriations until December 31, 2011, without regard to the
12fiscal year in which the payment is made, as long as vouchers
13for the liabilities are received by the Comptroller no later
14than August 31, 2011.
15    (b-2.6) For fiscal years 2012 and 2013, interest penalties
16payable under the State Prompt Payment Act associated with a
17voucher for which payment is issued after June 30 may be paid
18out of the next fiscal year's appropriation. The future year
19appropriation must be for the same purpose and from the same
20fund as the original payment. An interest penalty voucher
21submitted against a future year appropriation must be submitted
22within 60 days after the issuance of the associated voucher,
23and the Comptroller must issue the interest payment within 60
24days after acceptance of the interest voucher.
25    (b-3) Medical payments may be made by the Department of
26Veterans' Affairs from its appropriations for those purposes

 

 

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

 

 

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

 

 

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1by the Department of Human Services from the Immigration Reform
2and Control Fund for purposes authorized pursuant to the
3Immigration Reform and Control Act of 1986 payable from
4appropriations that have otherwise expired may be paid out of
5the expiring appropriation during the 4-month period ending at
6the close of business on October 31.
7    (b-7) Payments may be made in accordance with a plan
8authorized by paragraph (11) or (12) of Section 405-105 of the
9Department of Central Management Services Law from
10appropriations for those payments without regard to fiscal year
11limitations.
12    (c) Further, payments may be made by the Department of
13Public Health, the Department of Human Services (acting as
14successor to the Department of Public Health under the
15Department of Human Services Act), and the Department of
16Healthcare and Family Services from their respective
17appropriations for grants for medical care to or on behalf of
18persons suffering from chronic renal disease, persons
19suffering from hemophilia, rape victims, and premature and
20high-mortality risk infants and their mothers and for grants
21for supplemental food supplies provided under the United States
22Department of Agriculture Women, Infants and Children
23Nutrition Program, for any fiscal year without regard to the
24fact that the services being compensated for by such payment
25may have been rendered in a prior fiscal year, except as
26required by subsection (j) of this Section. Beginning on June

 

 

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130, 2021, payments made by the Department of Public Health, the
2Department of Human Services, and the Department of Healthcare
3and Family Services from their respective appropriations for
4grants for medical care to or on behalf of persons suffering
5from chronic renal disease, persons suffering from hemophilia,
6rape victims, and premature and high-mortality risk infants and
7their mothers and for grants for supplemental food supplies
8provided under the United States Department of Agriculture
9Women, Infants and Children Nutrition Program payable from
10appropriations that have otherwise expired may be paid out of
11the expiring appropriations during the 4-month period ending at
12the close of business on October 31.
13    (d) The Department of Public Health and the Department of
14Human Services (acting as successor to the Department of Public
15Health under the Department of Human Services Act) shall each
16annually submit to the State Comptroller, Senate President,
17Senate Minority Leader, Speaker of the House, House Minority
18Leader, and the respective Chairmen and Minority Spokesmen of
19the Appropriations Committees of the Senate and the House, on
20or before December 31, a report of fiscal year funds used to
21pay for services provided in any prior fiscal year. This report
22shall document by program or service category those
23expenditures from the most recently completed fiscal year used
24to pay for services provided in prior fiscal years.
25    (e) The Department of Healthcare and Family Services, the
26Department of Human Services (acting as successor to the

 

 

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1Department of Public Aid), and the Department of Human Services
2making fee-for-service payments relating to substance abuse
3treatment services provided during a previous fiscal year shall
4each annually submit to the State Comptroller, Senate
5President, Senate Minority Leader, Speaker of the House, House
6Minority Leader, the respective Chairmen and Minority
7Spokesmen of the Appropriations Committees of the Senate and
8the House, on or before November 30, a report that shall
9document by program or service category those expenditures from
10the most recently completed fiscal year used to pay for (i)
11services provided in prior fiscal years and (ii) services for
12which claims were received in prior fiscal years.
13    (f) The Department of Human Services (as successor to the
14Department of Public Aid) shall annually submit to the State
15Comptroller, Senate President, Senate Minority Leader, Speaker
16of the House, House Minority Leader, and the respective
17Chairmen and Minority Spokesmen of the Appropriations
18Committees of the Senate and the House, on or before December
1931, a report of fiscal year funds used to pay for services
20(other than medical care) provided in any prior fiscal year.
21This report shall document by program or service category those
22expenditures from the most recently completed fiscal year used
23to pay for services provided in prior fiscal years.
24    (g) In addition, each annual report required to be
25submitted by the Department of Healthcare and Family Services
26under subsection (e) shall include the following information

 

 

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1with 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
13Compensation Act, any utility bill for service provided to a
14General Assembly member's district office for a period
15including portions of 2 consecutive fiscal years may be paid
16from funds appropriated for such expenditure in either fiscal
17year.
18    (i) An agency which administers a fund classified by the
19Comptroller 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

 

 

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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.
8User agencies are authorized to reimburse internal service
9funds for catch-up billings by vouchers drawn against their
10respective appropriations for the fiscal year in which the
11catch-up billing was issued or by increasing an authorized
12inter-fund transfer during the current fiscal year. For the
13purposes of this Act, "inter-fund transfers" means transfers
14without the use of the voucher-warrant process, as authorized
15by Section 9.01 of the State Comptroller Act.
16    (i-1) Beginning on July 1, 2021, all outstanding
17liabilities, not payable during the 4-month lapse period as
18described 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
20purpose for any fiscal year, without regard to the fact that
21the services being compensated for by those payments may have
22been rendered in a prior fiscal year, are limited to only those
23claims that have been incurred but for which a proper bill or
24invoice as defined by the State Prompt Payment Act has not been
25received by September 30th following the end of the fiscal year
26in which the service was rendered.

 

 

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1    (j) Notwithstanding any other provision of this Act, the
2aggregate amount of payments to be made without regard for
3fiscal year limitations as contained in subsections (b-1),
4(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
5determined by using Generally Accepted Accounting Principles,
6shall 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.

 

 

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1    (k) The Comptroller must issue payments against
2outstanding liabilities that were received prior to the lapse
3period deadlines set forth in this Section as soon thereafter
4as practical, but no payment may be issued after the 4 months
5following the lapse period deadline without the signed
6authorization of the Comptroller and the Governor.
7(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10;
896-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff.
98-12-11.)
 
10    Section 20. The Illinois Procurement Code is amended by
11changing Section 20-80 as follows:
 
12    (30 ILCS 500/20-80)
13    Sec. 20-80. Contract files.
14    (a) Written determinations. All written determinations
15required under this Article shall be placed in the contract
16file maintained by the chief procurement officer.
17    (b) Filing with Comptroller. Whenever a grant, defined
18pursuant to accounting standards established by the
19Comptroller, or a contract liability, except for: (1) contracts
20paid from personal services, or (2) contracts between the State
21and its employees to defer compensation in accordance with
22Article 24 of the Illinois Pension Code, exceeding $20,000
23$10,000 is incurred by any State agency, a copy of the
24contract, purchase order, grant, or lease shall be filed with

 

 

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1the Comptroller within 30 15 days thereafter. Beginning January
21, 2013, the Comptroller may require that contracts and grants
3required to be filed with the Comptroller under this Section
4shall be filed electronically, unless the agency is incapable
5of filing the contract or grant electronically because it does
6not possess the necessary technology or equipment. Any agency
7that is incapable of electronically filing its contracts or
8grants shall submit a written statement to the Governor and to
9the Comptroller attesting to the reasons for its inability to
10comply. This statement shall include a discussion of what the
11agency needs in order to effectively comply with this Section.
12Prior to requiring electronic filing, the Comptroller shall
13consult with the Governor as to the feasibility of establishing
14mutually agreeable technical standards for the electronic
15document imaging, storage, and transfer of contracts and
16grants, taking into consideration the technology available to
17that agency, best practices, and the technological
18capabilities of State agencies. Nothing in this amendatory Act
19of the 97th General Assembly shall be construed to impede the
20implementation of an Enterprise Resource Planning (ERP)
21system. For each State contract for goods, supplies, or
22services awarded on or after July 1, 2010, the contracting
23agency shall provide the applicable rate and unit of
24measurement of the goods, supplies, or services on the contract
25obligation document as required by the Comptroller. If the
26contract obligation document that is submitted to the

 

 

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1Comptroller contains the rate and unit of measurement of the
2goods, supplies, or services, the Comptroller shall provide
3that information on his or her official website. Any
4cancellation or modification to any such contract liability
5shall be filed with the Comptroller within 30 15 days of its
6execution.
7    (c) Late filing affidavit. When a contract, purchase order,
8grant, or lease required to be filed by this Section has not
9been filed within 30 days of execution, the Comptroller shall
10refuse to issue a warrant for payment thereunder until the
11agency files with the Comptroller the contract, purchase order,
12grant, or lease and an affidavit, signed by the chief executive
13officer of the agency or his or her designee, setting forth an
14explanation of why the contract liability was not filed within
1530 days of execution. A copy of this affidavit shall be filed
16with the Auditor General.
17    (d) Timely execution of contracts. No voucher shall be
18submitted to the Comptroller for a warrant to be drawn for the
19payment of money from the State treasury or from other funds
20held by the State Treasurer on account of any contract unless
21the contract is reduced to writing before the services are
22performed and filed with the Comptroller. Vendors shall not be
23paid for any goods that were received or services that were
24rendered before the contract was reduced to writing and signed
25by all necessary parties. A chief procurement officer may
26request an exception to this subsection by submitting a written

 

 

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1statement to the Comptroller and Treasurer setting forth the
2circumstances and reasons why the contract could not be reduced
3to writing before the supplies were received or services were
4performed. A waiver of this subsection must be approved by the
5Comptroller and Treasurer. This Section shall not apply to
6emergency purchases if notice of the emergency purchase is
7filed with the Procurement Policy Board and published in the
8Bulletin as required by this Code.
9    (e) Method of source selection. When a contract is filed
10with the Comptroller under this Section, the Comptroller's file
11shall identify the method of source selection used in obtaining
12the contract.
13(Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10 (see
14Section 5 of P.A. 96-793 for the effective date of changes made
15by P.A. 96-795); 96-1000, eff. 7-2-10.)
 
16    Section 25. The State Prompt Payment Act is amended by
17changing Section 3-2 as follows:
 
18    (30 ILCS 540/3-2)
19    Sec. 3-2. Beginning July 1, 1993, in any instance where a
20State official or agency is late in payment of a vendor's bill
21or invoice for goods or services furnished to the State, as
22defined in Section 1, properly approved in accordance with
23rules promulgated under Section 3-3, the State official or
24agency shall pay interest to the vendor in accordance with the

 

 

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1following:
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

 

 

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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

 

 

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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

 

 

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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;
1896-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff.
191-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff.
206-30-11; 97-348, eff. 8-12-11; revised 9-7-11.)
 
21    Section 30. The Governmental Account Audit Act is amended
22by 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

 

 

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1governing body of each governmental unit shall cause an audit
2of the accounts of the unit to be made by a licensed public
3accountant. Such audit shall be made annually and shall cover
4the immediately preceding fiscal year of the governmental unit.
5The audit shall include all the accounts and funds of the
6governmental unit, including the accounts of any officer of the
7governmental unit who receives fees or handles funds of the
8unit or who spends money of the unit. The audit shall begin as
9soon as possible after the close of the last fiscal year to
10which it pertains, and shall be completed and the audit report
11filed with the Comptroller within 6 months after the close of
12such fiscal year unless an extension of time is granted by the
13Comptroller in writing. An audit report which fails to meet the
14requirements of this Act shall be rejected by the Comptroller
15and returned to the governing body of the governmental unit for
16corrective action. The licensed public accountant making the
17audit shall submit not less than 3 copies of the audit report
18to the governing body of the governmental unit being audited.
19    Any financial report under this Section shall include the
20name of the purchasing agent who oversees all competitively bid
21contracts. If there is no purchasing agent, the name of the
22person responsible for oversight of all competitively bid
23contracts shall be listed.
24(Source: P.A. 85-1000.)
 
25    Section 35. The Counties Code is amended by changing

 

 

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1Section 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
4a population of over 10,000 but less than 500,000, the county
5board of each county shall cause an audit of all of the funds
6and accounts of the county to be made annually by an accountant
7or accountants chosen by the county board or by an accountant
8or accountants retained by the Comptroller, as hereinafter
9provided. In addition, each county having a population of less
10than 500,000 shall file with the Comptroller a financial report
11containing information required by the Comptroller. Such
12financial report shall be on a form so designed by the
13Comptroller as not to require professional accounting services
14for its preparation.
15    Any financial report under this Section shall include the
16name of the purchasing agent who oversees all competitively bid
17contracts. If there is no purchasing agent, the name of the
18person responsible for oversight of all competitively bid
19contracts shall be listed.
20    The audit shall commence as soon as possible after the
21close of each fiscal year and shall be completed within 6
22months after the close of such fiscal year, unless an extension
23of time is granted by the Comptroller in writing. Such
24extension of time shall not exceed 60 days. When the accountant
25or accountants have completed the audit a full report thereof

 

 

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1shall be made and not less than 2 copies of each audit report
2shall be submitted to the county board. Each audit report shall
3be signed by the accountant making the audit and shall include
4only financial information, findings and conclusions that are
5adequately supported by evidence in the auditor's working
6papers to demonstrate or prove, when called upon, the basis for
7the matters reported and their correctness and reasonableness.
8In connection with this, each county board shall retain the
9right of inspection of the auditor's working papers and shall
10make them available to the Comptroller, or his designee, upon
11request.
12    Within 60 days of receipt of an audit report, each county
13board shall file one copy of each audit report and each
14financial report with the Comptroller and any comment or
15explanation that the county board may desire to make concerning
16such audit report may be attached thereto. An audit report
17which fails to meet the requirements of this Division shall be
18rejected by the Comptroller and returned to the county board
19for corrective action. One copy of each such report shall be
20filed 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
23changing Section 8-8-3 as follows:
 
24    (65 ILCS 5/8-8-3)  (from Ch. 24, par. 8-8-3)

 

 

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1    Sec. 8-8-3. Audit requirements.
2    (a) The corporate authorities of each municipality coming
3under the provisions of this Division 8 shall cause an audit of
4the funds and accounts of the municipality to be made by an
5accountant or accountants employed by such municipality or by
6an accountant or accountants retained by the Comptroller, as
7hereinafter provided.
8    (b) The accounts and funds of each municipality having a
9population of 800 or more or having a bonded debt or owning or
10operating any type of public utility shall be audited annually.
11The audit herein required shall include all of the accounts and
12funds of the municipality. Such audit shall be begun as soon as
13possible after the close of the fiscal year, and shall be
14completed and the report submitted within 6 months after the
15close of such fiscal year, unless an extension of time shall be
16granted by the Comptroller in writing. The accountant or
17accountants making the audit shall submit not less than 2
18copies of the audit report to the corporate authorities of the
19municipality being audited. Municipalities not operating
20utilities may cause audits of the accounts of municipalities to
21be made more often than herein provided, by an accountant or
22accountants. The audit report of such audit when filed with the
23Comptroller together with an audit report covering the
24remainder of the period for which an audit is required to be
25filed hereunder shall satisfy the requirements of this section.
26    (c) Municipalities of less than 800 population which do not

 

 

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1own or operate public utilities and do not have bonded debt,
2shall file annually with the Comptroller a financial report
3containing information required by the Comptroller. Such
4annual financial report shall be on forms devised by the
5Comptroller in such manner as to not require professional
6accounting services for its preparation.
7    (d) In addition to any audit report required, all
8municipalities, except municipalities of less than 800
9population which do not own or operate public utilities and do
10not have bonded debt, shall file annually with the Comptroller
11a supplemental report on forms devised and approved by the
12Comptroller.
13    (e) Notwithstanding any provision of law to the contrary,
14if a municipality (i) has a population of less than 200, (ii)
15has bonded debt in the amount of $50,000 or less, and (iii)
16owns or operates a public utility, then the municipality shall
17cause an audit of the funds and accounts of the municipality to
18be made by an accountant employed by the municipality or
19retained by the Comptroller for fiscal year 2011 and every
20fourth fiscal year thereafter or until the municipality has a
21population of 200 or more, has bonded debt in excess of
22$50,000, or no longer owns or operates a public utility.
23Nothing in this subsection shall be construed as limiting the
24municipality's duty to file an annual financial report with the
25Comptroller or to comply with the filing requirements
26concerning the county clerk.

 

 

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1    (f) Any financial report under this Section shall include
2the name of the purchasing agent who oversees all competitively
3bid contracts. If there is no purchasing agent, the name of the
4person responsible for oversight of all competitively bid
5contracts shall be listed.
6(Source: P.A. 96-1309, eff. 7-27-10.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.