Full Text of SB3284 97th General Assembly
SB3284eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Comptroller Act is amended by changing | 5 | | Section 20 as follows:
| 6 | | (15 ILCS 405/20) (from Ch. 15, par. 220)
| 7 | | Sec. 20. Annual report. The comptroller shall annually, as | 8 | | soon as possible after the close
of the fiscal year but no | 9 | | later than December 31, make out and present
to the Governor, | 10 | | the President of the Senate, the Speaker of the House
of | 11 | | Representatives, the Minority Leader of the Senate, and the | 12 | | Minority
Leader of the House of Representatives a report, | 13 | | showing the amount of
warrants drawn on the treasury, on other | 14 | | funds held by the State
Treasurer and on any public funds held | 15 | | by State agencies, during the
preceding fiscal year, and | 16 | | stating, particularly, on what account they
were drawn, and if | 17 | | drawn on the contingent fund, to whom and for what
they were | 18 | | issued. He or she shall, also, at the same time, report to the
| 19 | | Governor, the President of the Senate, the Speaker of the House | 20 | | of
Representatives, the Minority Leader of the Senate, and the | 21 | | Minority
Leader of the House of Representatives the amount of | 22 | | money received into
the treasury, into other funds held by the | 23 | | State Treasurer and into any
other funds held by State agencies |
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| 1 | | during the preceding fiscal year, and
stating particularly, the | 2 | | source from which the same may be derived, and
also a general | 3 | | account of all the business of his office during the
preceding | 4 | | fiscal year. The report shall also summarize for the previous
| 5 | | fiscal year the information required under Section 19.
| 6 | | Within 60 days after the expiration of each calendar year, | 7 | | the
comptroller shall compile, from records maintained and | 8 | | available in his
office, a list of all persons including those | 9 | | employed in the office of
the comptroller, who have been | 10 | | employed by the State during the past
calendar year and paid | 11 | | from funds in the hands of the State Treasurer.
| 12 | | The list shall be arranged according to counties and shall | 13 | | state in
alphabetical order the name of each employee and , the | 14 | | address in the county
in which he votes, except as specified | 15 | | below, the position and the
total salary paid to him or her | 16 | | during
the past calendar year. For all persons employed by the | 17 | | State, persons employed by the Department of
Corrections, | 18 | | Department of Children and Family Services and the Department
| 19 | | of State Police no address shall be listed. The list so | 20 | | compiled and
arranged shall be kept
on file in the office of | 21 | | the comptroller and be open to inspection by
the public at all | 22 | | times.
| 23 | | No person who utilizes the names obtained from this list | 24 | | for solicitation
shall represent that such solicitation is | 25 | | authorized by any officer or agency
of the State of Illinois. | 26 | | Violation of this provision is a Business Offense
punishable by |
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| 1 | | a fine not to exceed $3,000.
| 2 | | (Source: P.A. 86-1003.)
| 3 | | Section 10. The State Prompt Payment Act is amended by | 4 | | changing Section 3-2 as follows:
| 5 | | (30 ILCS 540/3-2)
| 6 | | Sec. 3-2. Beginning July 1, 1993, in any instance where a | 7 | | State official or
agency is late in payment of a vendor's bill | 8 | | or invoice for goods or services
furnished to the State, as | 9 | | defined in Section 1, properly approved in
accordance with | 10 | | rules promulgated under Section 3-3, the State official or
| 11 | | agency shall pay interest to the vendor in accordance with the | 12 | | following:
| 13 | | (1) Any bill, except a bill submitted under Article V | 14 | | of the Illinois Public Aid Code and except as provided | 15 | | under paragraph (1.05) of this Section, approved for | 16 | | payment under this Section must be paid
or the payment | 17 | | issued to the payee within 60 days of receipt
of a proper | 18 | | bill or invoice.
If payment is not issued to the payee | 19 | | within this 60-day
period, an
interest penalty of 1.0% of | 20 | | any amount approved and unpaid shall be added
for each | 21 | | month or fraction thereof after the end of this 60-day | 22 | | period,
until final payment is made. Any bill, except a | 23 | | bill for pharmacy
or nursing facility services or goods, | 24 | | and except as provided under paragraph (1.05) 1.05 of this |
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| 1 | | Section, submitted under Article V of the Illinois Public | 2 | | Aid Code approved for payment under this Section must be | 3 | | paid
or the payment issued to the payee within 60 days | 4 | | after receipt
of a proper bill or invoice, and,
if payment | 5 | | is not issued to the payee within this 60-day
period, an
| 6 | | interest penalty of 2.0% of any amount approved and unpaid | 7 | | shall be added
for each month or fraction thereof after the | 8 | | end of this 60-day period,
until final payment is made. Any | 9 | | bill for pharmacy or nursing facility services or
goods | 10 | | submitted under Article V of the Illinois Public Aid
Code, | 11 | | except as provided under paragraph (1.05) of this Section, | 12 | | and approved for payment under this Section must be paid
or | 13 | | the payment issued to the payee within 60 days of
receipt | 14 | | of a proper bill or invoice. If payment is not
issued to | 15 | | the payee within this 60-day period, an interest
penalty of | 16 | | 1.0% of any amount approved and unpaid shall be
added for | 17 | | each month or fraction thereof after the end of this 60-day | 18 | | period, until final payment is made.
| 19 | | (1.05) For State fiscal year 2012 and future fiscal | 20 | | years, any bill approved for payment under this Section | 21 | | must be paid
or the payment issued to the payee within 90 | 22 | | days of receipt
of a proper bill or invoice.
If payment is | 23 | | not issued to the payee within this 90-day
period, an
| 24 | | interest penalty of 1.0% of any amount approved and unpaid | 25 | | shall be added
for each month , or 00.0033% (1/30%) of any | 26 | | amount approved and unpaid for each day, fraction thereof |
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| 1 | | after the end of this 90-day period,
until final payment is | 2 | | made.
| 3 | | (1.1) A State agency shall review in a timely manner | 4 | | each bill or
invoice after its receipt. If the
State agency | 5 | | determines that the bill or invoice contains a defect | 6 | | making it
unable to process the payment request, the agency
| 7 | | shall notify the vendor requesting payment as soon as | 8 | | possible after
discovering the
defect pursuant to rules | 9 | | promulgated under Section 3-3; provided, however, that the | 10 | | notice for construction related bills or invoices must be | 11 | | given not later than 30 days after the bill or invoice was | 12 | | first submitted. The notice shall
identify the defect and | 13 | | any additional information
necessary to correct the | 14 | | defect. If one or more items on a construction related bill | 15 | | or invoice are disapproved, but not the entire bill or | 16 | | invoice, then the portion that is not disapproved shall be | 17 | | paid.
| 18 | | (2) Where a State official or agency is late in payment | 19 | | of a
vendor's bill or invoice properly approved in | 20 | | accordance with this Act, and
different late payment terms | 21 | | are not reduced to writing as a contractual
agreement, the | 22 | | State official or agency shall automatically pay interest
| 23 | | penalties required by this Section amounting to $50 or more | 24 | | to the appropriate
vendor. Each agency shall be responsible | 25 | | for determining whether an interest
penalty
is
owed and
for | 26 | | paying the interest to the vendor. Except as provided in |
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| 1 | | paragraph (4), an individual interest payment amounting to | 2 | | $5 or less shall not be paid by the State.
Interest due to | 3 | | a vendor that amounts to greater than $5 and less than $50 | 4 | | shall not be paid but shall be accrued until all interest | 5 | | due the vendor for all similar warrants exceeds $50, at | 6 | | which time the accrued interest shall be payable and | 7 | | interest will begin accruing again, except that interest | 8 | | accrued as of the end of the fiscal year that does not | 9 | | exceed $50 shall be payable at that time. In the event an
| 10 | | individual has paid a vendor for services in advance, the | 11 | | provisions of this
Section shall apply until payment is | 12 | | made to that individual.
| 13 | | (3) The provisions of Public Act 96-1501 reducing the | 14 | | interest rate on pharmacy claims under Article V of the | 15 | | Illinois Public Aid Code to 1.0% per month shall apply to | 16 | | any pharmacy bills for services and goods under Article V | 17 | | of the Illinois Public Aid Code received on or after the | 18 | | date 60 days before January 25, 2011 (the effective date of | 19 | | Public Act 96-1501) except as provided under paragraph | 20 | | (1.05) of this Section. | 21 | | (4) Interest amounting to less than $5 shall not be | 22 | | paid by the State, except for claims (i) to the Department | 23 | | of Healthcare and Family Services or the Department of | 24 | | Human Services, (ii) pursuant to Article V of the Illinois | 25 | | Public Aid Code, the Covering ALL KIDS Health Insurance | 26 | | Act, or the Children's Health Insurance Program Act, and |
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| 1 | | (iii) made (A) by pharmacies for prescriptive services or | 2 | | (B) by any federally qualified health center for | 3 | | prescriptive services or any other services. | 4 | | (Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10; | 5 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff. | 6 | | 1-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff. | 7 | | 6-30-11; 97-348, eff. 8-12-11; revised 9-7-11.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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