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

SB0581 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0581

 

Introduced 2/23/2021, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 340/3  from Ch. 15, par. 503
5 ILCS 340/5  from Ch. 15, par. 505
5 ILCS 340/7  from Ch. 15, par. 507
15 ILCS 405/17  from Ch. 15, par. 217
30 ILCS 105/25  from Ch. 127, par. 161
30 ILCS 105/11.5 rep.
30 ILCS 500/20-80
30 ILCS 540/9
35 ILCS 200/30-31

    Amends the Voluntary Payroll Deductions Act of 1983. Requires the Comptroller (rather than the Governor) to perform specified duties concerning the designation of organizations qualified to receive payroll deductions and the creation of an Advisory Committee under the Act. Amends the State Comptroller Act. Removes a provision requiring the Department of Central Management Services to transmit to the Comptroller a certified copy of all reports it may issue concerning State property. Amends the State Finance Act. Makes changes concerning fiscal year limitations. Repeals provisions concerning contracts signed by State agencies with procurement authority. Amends the Illinois Procurement Code. Makes changes concerning the filing of contracts with the Comptroller. Amends the State Prompt Payment Act. Requires specified information under the Vendor Payment Program to be disclosed on August 1 of each year (currently, July 1 of each year) for the previous fiscal year. Amends the Property Tax Code. Requires the State Comptroller to make available on the Comptroller's website a Fiscal Responsibility Report Card (currently, submit to the General Assembly and the clerk of each county a Fiscal Responsibility Report Card). Makes other changes. Effective immediately.


LRB102 13774 RJF 19124 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0581LRB102 13774 RJF 19124 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Voluntary Payroll Deductions Act of 1983 is
5amended by changing Sections 3, 5, and 7 as follows:
 
6    (5 ILCS 340/3)  (from Ch. 15, par. 503)
7    Sec. 3. Definitions. As used in this Act unless the
8context otherwise requires:
9    (a) "Employee" means any regular officer or employee who
10receives salary or wages for personal services rendered to the
11State of Illinois, and includes an individual hired as an
12employee by contract with that individual.
13    (b) "Qualified organization" means an organization
14representing one or more benefiting agencies, which
15organization is designated by the State Comptroller as
16qualified to receive payroll deductions under this Act. An
17organization desiring to be designated as a qualified
18organization shall:
19        (1) Submit written or electronic designations on forms
20    approved by the State Comptroller by 500 or more employees
21    or State annuitants, in which such employees or State
22    annuitants indicate that the organization is one for which
23    the employee or State annuitant intends to authorize

 

 

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

 

 

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

 

 

SB0581- 4 -LRB102 13774 RJF 19124 b

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

 

 

SB0581- 5 -LRB102 13774 RJF 19124 b

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

 

 

SB0581- 6 -LRB102 13774 RJF 19124 b

1Universities Combined Appeal as of January 1st of the year
2immediately following their approval by the Comptroller.
3    Where the certifications described in paragraphs (2), (3),
4(4), (5), (6), (7), (8), (9), and (10) above are made by an
5organization representing more than one benefiting agency they
6shall be based upon the knowledge and belief of such qualified
7organization. Any qualified organization shall immediately
8notify the State Comptroller in writing if the qualified
9organization receives information or otherwise believes that a
10benefiting agency is no longer in compliance with the
11certification of the qualified organization. A qualified
12organization representing more than one benefiting agency
13shall thereafter withhold and refrain from distributing to
14such benefiting agency those funds received pursuant to this
15Act until the benefiting agency is again in compliance with
16the qualified organization's certification. The qualified
17organization shall immediately notify the State Comptroller of
18the benefiting agency's resumed compliance with the
19certification, based upon the qualified organization's
20knowledge and belief, and shall pay over to the benefiting
21agency those funds previously withheld.
22    In order to qualify, a qualified organization must receive
23250 deduction pledges from the immediately preceding
24solicitation period as set forth in Section 6. The Comptroller
25shall, by February 1st of each year, so notify any qualified
26organization that failed to receive the minimum deduction

 

 

SB0581- 7 -LRB102 13774 RJF 19124 b

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

 

 

SB0581- 8 -LRB102 13774 RJF 19124 b

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

 

 

SB0581- 9 -LRB102 13774 RJF 19124 b

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

 

 

SB0581- 10 -LRB102 13774 RJF 19124 b

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

 

 

SB0581- 11 -LRB102 13774 RJF 19124 b

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

 

 

SB0581- 12 -LRB102 13774 RJF 19124 b

1prescribed by the comptroller, all property acquired or
2disposed of by that agency, in such detail and at such times as
3the comptroller requires, by rule, to maintain accurate,
4current inventory records. The Department of Central
5Management Services shall transmit to the comptroller a
6certified copy of all reports it may issue concerning State
7property, including its annual report.
8(Source: P.A. 98-904, eff. 8-15-14.)
 
9    Section 15. The State Finance Act is amended by changing
10Section 25 as follows:
 
11    (30 ILCS 105/25)  (from Ch. 127, par. 161)
12    Sec. 25. Fiscal year limitations.
13    (a) All appropriations shall be available for expenditure
14for the fiscal year or for a lesser period if the Act making
15that appropriation so specifies. A deficiency or emergency
16appropriation shall be available for expenditure only through
17June 30 of the year when the Act making that appropriation is
18enacted unless that Act otherwise provides.
19    (b) Outstanding liabilities as of June 30, payable from
20appropriations which have otherwise expired, may be paid out
21of the expiring appropriations during the 2-month period
22ending at the close of business on August 31. Extensions of
23lapse period may be made for individual agencies or funds only
24upon the signed authorization of the Governor and Comptroller,

 

 

SB0581- 13 -LRB102 13774 RJF 19124 b

1and shall not be extended by more than an additional 30 days.
2Any service involving professional or artistic skills or any
3personal services by an employee whose compensation is subject
4to income tax withholding must be performed as of June 30 of
5the fiscal year in order to be considered an "outstanding
6liability as of June 30" that is thereby eligible for payment
7out of the expiring appropriation.
8    (b-1) However, payment of tuition reimbursement claims
9under Section 14-7.03 or 18-3 of the School Code may be made by
10the State Board of Education from its appropriations for those
11respective purposes for any fiscal year, even though the
12claims reimbursed by the payment may be claims attributable to
13a prior fiscal year, and payments may be made at the direction
14of the State Superintendent of Education from the fund from
15which the appropriation is made without regard to any fiscal
16year limitations, except as required by subsection (j) of this
17Section. Beginning on June 30, 2021, payment of tuition
18reimbursement claims under Section 14-7.03 or 18-3 of the
19School Code as of June 30, payable from appropriations that
20have otherwise expired, may be paid out of the expiring
21appropriation during the 4-month period ending at the close of
22business on October 31.
23    (b-2) (Blank).
24    (b-2.5) (Blank).
25    (b-2.6) (Blank).
26    (b-2.6a) (Blank).

 

 

SB0581- 14 -LRB102 13774 RJF 19124 b

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

 

 

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

 

 

SB0581- 16 -LRB102 13774 RJF 19124 b

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

 

 

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1regard to the fact that the qualification or obligation may
2have occurred in a prior fiscal year, provided that at the time
3the expenditure was made the project had been approved by the
4Department of Transportation prior to June 1, 2012 and, as a
5result of recent changes in federal funding formulas, can no
6longer receive federal reimbursement.
7    (b-9) (Blank).
8    (c) Further, payments may be made by the Department of
9Public Health and the Department of Human Services (acting as
10successor to the Department of Public Health under the
11Department of Human Services Act) from their respective
12appropriations for grants for medical care to or on behalf of
13premature and high-mortality risk infants and their mothers
14and for grants for supplemental food supplies provided under
15the United States Department of Agriculture Women, Infants and
16Children Nutrition Program, for any fiscal year without regard
17to the fact that the services being compensated for by such
18payment may have been rendered in a prior fiscal year, except
19as required by subsection (j) of this Section. Beginning on
20June 30, 2021, payments made by the Department of Public
21Health and the Department of Human Services from their
22respective appropriations for grants for medical care to or on
23behalf of premature and high-mortality risk infants and their
24mothers and for grants for supplemental food supplies provided
25under the United States Department of Agriculture Women,
26Infants and Children Nutrition Program payable from

 

 

SB0581- 18 -LRB102 13774 RJF 19124 b

1appropriations that have otherwise expired may be paid out of
2the expiring appropriations during the 4-month period ending
3at the close of business on October 31.
4    (d) The Department of Public Health and the Department of
5Human Services (acting as successor to the Department of
6Public Health under the Department of Human Services Act)
7shall each annually submit to the State Comptroller, Senate
8President, Senate Minority Leader, Speaker of the House, House
9Minority Leader, and the respective Chairmen and Minority
10Spokesmen of the Appropriations Committees of the Senate and
11the House, on or before December 31, a report of fiscal year
12funds used to pay for services provided in any prior fiscal
13year. This report shall document by program or service
14category those expenditures from the most recently completed
15fiscal year used to pay for services provided in prior fiscal
16years.
17    (e) The Department of Healthcare and Family Services, the
18Department of Human Services (acting as successor to the
19Department of Public Aid), and the Department of Human
20Services making fee-for-service payments relating to substance
21abuse treatment services provided during a previous fiscal
22year shall each annually submit to the State Comptroller,
23Senate President, Senate Minority Leader, Speaker of the
24House, House Minority Leader, the respective Chairmen and
25Minority Spokesmen of the Appropriations Committees of the
26Senate and the House, on or before November 30, a report that

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    December 31st. Extensions of Healthcare and Family
2    Services Medical Assistance payments lapse period may be
3    made upon the signed authorization of the Governor and
4    Comptroller, and shall not be extended by more than an
5    additional 30 days.
6    (l) The changes to this Section made by Public Act 97-691
7shall be effective for payment of Medical Assistance bills
8incurred in fiscal year 2013 and future fiscal years. The
9changes to this Section made by Public Act 97-691 shall not be
10applied to Medical Assistance bills incurred in fiscal year
112012 or prior fiscal years.
12    (m) The Comptroller must issue payments against
13outstanding liabilities that were received prior to the lapse
14period deadlines set forth in this Section as soon thereafter
15as practical, but no payment may be issued after the 4 months
16following the lapse period deadline without the signed
17authorization of the Comptroller and the Governor.
18(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
19101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff.
206-10-20.)
 
21    (30 ILCS 105/11.5 rep.)
22    Section 20. The State Finance Act is amended by repealing
23Section 11.5.
 
24    Section 25. The Illinois Procurement Code is amended by

 

 

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1changing Section 20-80 as follows:
 
2    (30 ILCS 500/20-80)
3    Sec. 20-80. Contract files.
4    (a) Written determinations. All written determinations
5required under this Article shall be placed in the contract
6file maintained by the chief procurement officer.
7    (b) Filing with Comptroller. Whenever a grant, defined
8pursuant to accounting standards established by the
9Comptroller, or a contract liability, except for: (1)
10contracts paid from personal services, or (2) contracts
11between the State and its employees to defer compensation in
12accordance with Article 24 of the Illinois Pension Code, or
13(3) contracts that do not obligate funds held within the State
14treasury for fiscal year 2021 and thereafter, exceeding
15$20,000 is incurred by any State agency, a copy of the
16contract, purchase order, grant, or lease shall be filed with
17the Comptroller within 30 calendar days thereafter. Beginning
18in fiscal year 2021, information pertaining to contracts
19exceeding $20,000 that do not obligate funds held within the
20State treasury shall be submitted in a quarterly report to the
21Comptroller in a form and manner prescribed by the
22Comptroller. The Comptroller shall make the quarterly report
23available on his or her website. Beginning January 1, 2013,
24the Comptroller may require that contracts and grants required
25to be filed with the Comptroller under this Section shall be

 

 

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1filed electronically, unless the agency is incapable of filing
2the contract or grant electronically because it does not
3possess the necessary technology or equipment. Any State
4agency that is incapable of electronically filing its
5contracts or grants shall submit a written statement to the
6Governor and to the Comptroller attesting to the reasons for
7its inability to comply. This statement shall include a
8discussion of what the State agency needs in order to
9effectively comply with this Section. Prior to requiring
10electronic filing, the Comptroller shall consult with the
11Governor as to the feasibility of establishing mutually
12agreeable technical standards for the electronic document
13imaging, storage, and transfer of contracts and grants, taking
14into consideration the technology available to that agency,
15best practices, and the technological capabilities of State
16agencies. Nothing in this amendatory Act of the 97th General
17Assembly shall be construed to impede the implementation of an
18Enterprise Resource Planning (ERP) system. For each State
19contract for supplies or services awarded on or after July 1,
202010, the contracting agency shall provide the applicable rate
21and unit of measurement of the supplies or services on the
22contract obligation document as required by the Comptroller.
23If the contract obligation document that is submitted to the
24Comptroller contains the rate and unit of measurement of the
25supplies or services, the Comptroller shall provide that
26information on his or her official website. Any cancellation

 

 

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

 

 

SB0581- 29 -LRB102 13774 RJF 19124 b

1reduced to writing before the supplies were received or
2services were performed. A waiver of this subsection must be
3approved by the Comptroller and Treasurer. This Section shall
4not apply to emergency purchases if notice of the emergency
5purchase is filed with the Procurement Policy Board and
6published in the Bulletin as required by this Code.
7    (e) Method of source selection. When a contract is filed
8with the Comptroller under this Section, the Comptroller's
9file shall identify the method of source selection used in
10obtaining the contract.
11(Source: P.A. 100-43, eff. 8-9-17.)
 
12    Section 30. The State Prompt Payment Act is amended by
13changing Section 9 as follows:
 
14    (30 ILCS 540/9)
15    Sec. 9. Vendor Payment Program financial backer
16disclosure.
17    (a) Within 60 days after August 24, 2018 (the effective
18date of Public Act 100-1089) this amendatory Act of the 100th
19General Assembly, at the time of application, and annually on
20August July 1 of each year for the previous fiscal year, each
21qualified purchaser shall submit to the Department and the
22State Comptroller the following information about each person,
23director, owner, officer, association, financial backer,
24partnership, other entity, corporation, or trust with an

 

 

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1indirect or direct financial interest in each qualified
2purchaser:
3        (1) percent ownership;
4        (2) type of ownership;
5        (3) first name, middle name, last name, maiden name
6    (if applicable), including aliases or former names;
7        (4) mailing address;
8        (5) type of business entity, if applicable;
9        (6) dates and jurisdiction of business formation or
10    incorporation, if applicable;
11        (7) names of controlling shareholders, class of stock,
12    percentage ownership;
13        (8) any indirect earnings resulting from the Program;
14    and
15        (9) any earnings associated with the Program to any
16    parties not previously disclosed.
17    (b) Within 60 days after August 24, 2018 (the effective
18date of Public Act 100-1089) this amendatory Act of the 100th
19General Assembly, at the time of application, and annually on
20August July 1 of each year for the previous fiscal year, each
21trust associated with the qualified purchaser shall submit to
22the Department and the State Comptroller the following
23information:
24        (1) names, addresses, dates of birth, and percentages
25    of interest of all beneficiaries;
26        (2) any indirect earnings resulting from the Program;

 

 

SB0581- 31 -LRB102 13774 RJF 19124 b

1    and
2        (3) any earnings associated with the Program to any
3    parties not previously disclosed.
4    (c) Each qualified purchaser must submit a statement to
5the State Comptroller and the Department of Central Management
6Services disclosing whether such qualified purchaser or any
7related person, director, owner, officer, or financial backer
8has previously or currently retained or contracted with any
9registered lobbyist, lawyer, accountant, or other consultant
10to prepare the disclosure required under this Section.
11(Source: P.A. 100-1089, eff. 8-24-18.)
 
12    Section 35. The Property Tax Code is amended by changing
13Section 30-31 as follows:
 
14    (35 ILCS 200/30-31)
15    Sec. 30-31. Fiscal Responsibility Report Card; State
16Comptroller. The State Comptroller, within 180 days of the
17conclusion of the fiscal year of the State, shall make
18available on the Comptroller's website submit to the General
19Assembly and the clerk of each county a Fiscal Responsibility
20Report Card in the form prescribed by the State Comptroller
21after consultation with other State Constitutional officers
22selected by the State Comptroller. The Fiscal Responsibility
23Report Card shall inform the General Assembly and the county
24clerks about the amounts, sources, and uses of tax revenues

 

 

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1received and expended by each taxing district, other than a
2school district, that imposes ad valorem taxes.
3(Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.