Full Text of SB0581 102nd General Assembly
SB0581sam001 102ND GENERAL ASSEMBLY | Sen. John Connor Filed: 3/19/2021
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| 1 | | AMENDMENT TO SENATE BILL 581
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 581 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Voluntary Payroll Deductions Act of 1983 | 5 | | is amended 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 | 8 | | context otherwise
requires:
| 9 | | (a) "Employee" means any regular officer or employee who | 10 | | receives salary
or wages for personal services rendered to the | 11 | | State of Illinois, and
includes an individual hired as an | 12 | | employee by contract with that individual.
| 13 | | (b) "Qualified organization" means an organization | 14 | | representing one or
more benefiting agencies, which | 15 | | organization is designated by the State
Comptroller as | 16 | | qualified to receive payroll deductions under this Act.
An |
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| 1 | | organization desiring to be designated as a qualified | 2 | | organization shall:
| 3 | | (1) Submit written or electronic designations on forms | 4 | | approved by the State Comptroller
by 500 or more employees | 5 | | or State annuitants, in which such employees
or State | 6 | | annuitants indicate that the organization is one for which | 7 | | the
employee or State annuitant intends to authorize | 8 | | withholding. The forms
shall require the name, last 4 | 9 | | digits only of the social security number,
and employing | 10 | | State agency
for
each employee. Upon notification by the | 11 | | Comptroller that such forms have been
approved, the | 12 | | organization shall, within 30 days, notify in writing the | 13 | | Comptroller
Governor or his or her designee of its | 14 | | intention to obtain the required
number of designations. | 15 | | Such organization shall have 12 months from that
date to | 16 | | obtain the necessary
designations and return to the State | 17 | | Comptroller's office the completed
designations, which | 18 | | shall
be subject to verification procedures established by | 19 | | the State Comptroller;
| 20 | | (2) Certify that all benefiting agencies are tax | 21 | | exempt under Section
501(c)(3) of the Internal Revenue | 22 | | Code;
| 23 | | (3) Certify that all benefiting agencies are in | 24 | | compliance with the
Illinois Human Rights Act;
| 25 | | (4) Certify that all benefiting agencies are in | 26 | | compliance with
the Charitable Trust Act and the |
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| 1 | | Solicitation for Charity Act;
| 2 | | (5) Certify that all benefiting agencies actively | 3 | | conduct health or
welfare programs and provide services to | 4 | | individuals directed at one or
more of the following | 5 | | common human needs within a community: service,
research, | 6 | | and education in the health fields; family and child care
| 7 | | services; protective services for children and adults; | 8 | | services for
children and adults in foster care; services | 9 | | related to the management and
maintenance of the home; day | 10 | | care services for adults; transportation
services; | 11 | | information, referral and counseling services; services to
| 12 | | eliminate illiteracy; the preparation and delivery of | 13 | | meals; adoption
services; emergency shelter care and | 14 | | relief services; disaster relief services;
safety | 15 | | services; neighborhood and community organization | 16 | | services; recreation
services; social adjustment and | 17 | | rehabilitation services; health support
services; or a | 18 | | combination of such services designed to meet the special
| 19 | | needs of specific groups, such as children and youth, the | 20 | | ill and infirm,
and persons with physical disabilities; | 21 | | and that all such benefiting agencies
provide the above | 22 | | described services to individuals and their families
in | 23 | | the community and surrounding area in which the | 24 | | organization conducts
its fund drive, or that such | 25 | | benefiting agencies provide relief to victims
of natural | 26 | | disasters and other emergencies on a where and as needed |
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| 1 | | basis;
| 2 | | (6) Certify that the organization has disclosed the | 3 | | percentage of
the organization's total collected receipts | 4 | | from employees or State
annuitants that are distributed to | 5 | | the benefiting agencies and the
percentage of the | 6 | | organization's total collected receipts from employees
or | 7 | | State annuitants that are expended
for fund-raising and | 8 | | overhead costs. These percentages shall be the same
| 9 | | percentage figures annually disclosed by the organization | 10 | | to the Attorney
General. The disclosure shall be made to | 11 | | all solicited employees and State
annuitants and shall
be | 12 | | in the form of a factual statement on all petitions and in | 13 | | the campaign's
brochures for employees and State | 14 | | annuitants;
| 15 | | (7) Certify that all benefiting agencies receiving | 16 | | funds which the
employee or State annuitant has requested | 17 | | or designated for distribution
to a particular community | 18 | | and surrounding area use a majority of such funds
| 19 | | distributed for services in the actual provision of | 20 | | services in that community
and surrounding area;
| 21 | | (8) Certify that neither it nor its member | 22 | | organizations will solicit
State employees for | 23 | | contributions at their workplace, except pursuant to
this | 24 | | Act and the rules promulgated thereunder. Each qualified
| 25 | | organization, and each participating United Fund, is | 26 | | encouraged
to cooperate with all others and with all State |
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| 1 | | agencies
and educational institutions so as to simplify | 2 | | procedures, to resolve
differences and to minimize costs;
| 3 | | (9) Certify that it will pay its share of the campaign | 4 | | costs and will
comply with the Code of Campaign Conduct as | 5 | | approved by the Comptroller Governor or other
agency as | 6 | | designated by the Comptroller Governor ; and
| 7 | | (10) Certify that it maintains a year-round office, | 8 | | the telephone number,
and person responsible for the | 9 | | operations of the organization in Illinois.
That | 10 | | information shall be provided to the State Comptroller at | 11 | | the time the
organization is seeking participation under | 12 | | this Act.
| 13 | | Each qualified organization shall submit to the State | 14 | | Comptroller between
January 1 and March 1 of each year, a | 15 | | statement that the organization is in
compliance with all of | 16 | | the requirements set forth in paragraphs (2) through
(10). The | 17 | | State Comptroller shall exclude any organization that fails to
| 18 | | submit the statement from the next solicitation period.
| 19 | | In order to be designated as a qualified organization, the | 20 | | organization shall
have existed at least 2 years prior to | 21 | | submitting the written or electronic designation forms
| 22 | | required in paragraph (1) and shall certify to the State | 23 | | Comptroller that such
organization has been providing services | 24 | | described in paragraph (5) in
Illinois. If the organization | 25 | | seeking designation represents more than one
benefiting | 26 | | agency, it need not have existed for 2 years but shall certify |
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| 1 | | to
the State Comptroller that each of its benefiting agencies | 2 | | has existed for at
least 2 years prior to submitting the | 3 | | written or electronic designation forms required in
paragraph | 4 | | (1) and that each has been providing services described in | 5 | | paragraph
(5) in Illinois.
| 6 | | Organizations which have met the requirements of this Act | 7 | | shall be
permitted to participate in the State and | 8 | | Universities Combined Appeal as
of January 1st of the year | 9 | | immediately following their approval by the
Comptroller.
| 10 | | Where the certifications described in paragraphs (2), (3), | 11 | | (4),
(5), (6), (7), (8), (9), and (10) above are made by an | 12 | | organization
representing more than
one benefiting agency they | 13 | | shall be based upon the knowledge and belief of
such qualified | 14 | | organization. Any qualified organization shall immediately
| 15 | | notify the State Comptroller in writing if the qualified | 16 | | organization
receives information or otherwise believes that a | 17 | | benefiting agency is no
longer in compliance with the | 18 | | certification of the qualified organization.
A qualified | 19 | | organization representing more than one benefiting agency | 20 | | shall
thereafter withhold and refrain from distributing to | 21 | | such benefiting agency
those funds received pursuant to this | 22 | | Act until the benefiting agency is
again in compliance with | 23 | | the qualified organization's certification. The
qualified | 24 | | organization shall immediately notify the State Comptroller of
| 25 | | the benefiting agency's resumed compliance with the | 26 | | certification, based
upon the qualified organization's |
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| 1 | | knowledge and belief, and shall pay over
to the benefiting | 2 | | agency those funds previously withheld.
| 3 | | In order to qualify, a qualified organization must receive | 4 | | 250 deduction pledges from the immediately preceding | 5 | | solicitation period as set forth in Section 6. The Comptroller | 6 | | shall, by February 1st of each year, so notify any
qualified | 7 | | organization that failed to receive the minimum deduction | 8 | | requirement. The notification shall give such qualified
| 9 | | organization until March 1st to provide the Comptroller with | 10 | | documentation
that the minimum deduction requirement has been | 11 | | met. On the basis of all the
documentation, the Comptroller | 12 | | shall, by March 15th of each year, make publicly available | 13 | | submit to
the Governor or his or her designee, or such other | 14 | | agency as may be
determined by the Governor, a list of all | 15 | | organizations which have met the minimum
payroll deduction | 16 | | requirement. Only those organizations which have met such
| 17 | | requirements, as well as the other requirements of this | 18 | | Section, shall be
permitted to solicit State employees or | 19 | | State annuitants for voluntary
contributions, and the | 20 | | Comptroller shall discontinue withholding for any
such | 21 | | organization which fails to meet these requirements, except | 22 | | qualified organizations that received deduction pledges during | 23 | | the 2004 solicitation period are deemed to be qualified for | 24 | | the 2005 solicitation period.
| 25 | | (c) "United Fund" means the organization conducting the | 26 | | single, annual,
consolidated effort to secure funds for |
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| 1 | | distribution to agencies engaged
in charitable and public | 2 | | health, welfare and services purposes, which is
commonly known | 3 | | as the United Fund, or the organization which serves in place
| 4 | | of the United Fund organization in communities where an | 5 | | organization known
as the United Fund is not organized.
| 6 | | In order for a United Fund to participate in the State and | 7 | | Universities
Employees Combined Appeal, it shall comply with | 8 | | the provisions of paragraph (9)
of subsection (b).
| 9 | | (d) "State and Universities Employees Combined Appeal",
| 10 | | otherwise known as "SECA", means the State-directed joint | 11 | | effort of all of the
qualified organizations, together with | 12 | | the United Funds, for the solicitation
of voluntary | 13 | | contributions from State and University employees and State
| 14 | | annuitants.
| 15 | | (e) "Retirement system" means any or all of the following: | 16 | | the General
Assembly Retirement System, the State Employees' | 17 | | Retirement System of Illinois,
the State Universities | 18 | | Retirement System, the Teachers' Retirement System of
the | 19 | | State of Illinois, and the Judges Retirement System.
| 20 | | (f) "State annuitant" means a person receiving an annuity | 21 | | or disability
benefit under Article 2, 14, 15, 16, or 18 of the | 22 | | Illinois Pension Code.
| 23 | | (Source: P.A. 99-143, eff. 7-27-15 .)
| 24 | | (5 ILCS 340/5) (from Ch. 15, par. 505)
| 25 | | Sec. 5. Rules; Advisory Committee. The State Comptroller |
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| 1 | | shall
promulgate and issue reasonable rules and regulations as | 2 | | deemed necessary for
the administration of this Act.
| 3 | | All However, all solicitations of State employees for | 4 | | contributions at their
workplace and all solicitations of | 5 | | State annuitants for contributions
shall be in accordance with | 6 | | rules promulgated by the Comptroller Governor or his
or her | 7 | | designee or other agency as may be designated by the | 8 | | Comptroller Governor .
All solicitations of State annuitants | 9 | | for contributions shall also be in
accordance with the rules | 10 | | promulgated by the applicable retirement system.
| 11 | | The rules promulgated by the Comptroller Governor or his | 12 | | or her designee or other
agency as designated by the | 13 | | Comptroller Governor shall include a Code of Campaign Conduct
| 14 | | that all qualified organizations and United Funds shall | 15 | | subscribe to in
writing, sanctions for violations of the Code | 16 | | of Campaign Conduct,
provision for the handling of cash | 17 | | contributions, provision for an Advisory
Committee, provisions | 18 | | for the allocation of expenses among the participating
| 19 | | organizations, an organizational plan and structure whereby | 20 | | responsibilities
are set forth for the appropriate State | 21 | | employees or State annuitants and
the participating | 22 | | organizations, and any other matters that are necessary to
| 23 | | accomplish the purposes of this Act.
| 24 | | The Comptroller Governor or the Comptroller's Governor's | 25 | | designee shall promulgate rules to establish
the composition | 26 | | and the duties of the Advisory Committee. The Comptroller |
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| 1 | | Governor or the Comptroller's
Governor's designee shall make | 2 | | appointments to the Advisory Committee. The
powers of the | 3 | | Advisory Committee shall include, at a minimum, the ability to
| 4 | | impose the sanctions authorized by rule. Each State agency and | 5 | | each
retirement system shall file an annual report that sets
| 6 | | forth, for the prior calendar year, (i) the total amount of | 7 | | money
contributed to each qualified organization and united | 8 | | fund through both
payroll deductions and cash contributions, | 9 | | (ii) the number of employees or
State annuitants who have | 10 | | contributed to each qualified organization and
united fund, | 11 | | and (iii) any other information required by the rules. The | 12 | | report
shall not include the names of any contributing or | 13 | | non-contributing employees
or State annuitants. The report | 14 | | shall be filed with the
Advisory Committee no later than March | 15 | | 15. The report shall be available for
inspection.
| 16 | | Other constitutional officers, retirement systems, the | 17 | | University of
Illinois, Southern Illinois University, Chicago | 18 | | State University, Eastern
Illinois University, Governors State | 19 | | University, Illinois State University,
Northeastern Illinois | 20 | | University, Northern Illinois University, and Western
Illinois | 21 | | University shall be governed by the rules promulgated pursuant | 22 | | to this
Section, unless such entities adopt their own rules | 23 | | governing solicitation of
contributions at the workplace.
| 24 | | All rules promulgated pursuant to this Section shall not | 25 | | discriminate
against one or more qualified organizations or | 26 | | United Funds.
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| 1 | | (Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
| 2 | | (5 ILCS 340/7) (from Ch. 15, par. 507)
| 3 | | Sec. 7.
Notwithstanding any other provision of this Act, a
| 4 | | participating organization or a United Fund may be denied | 5 | | participation in
SECA for willful failure to comply with the | 6 | | provisions of paragraph (9) of
subsection (b) of Section 3 of | 7 | | this Act. The agency designated by the Comptroller
Governor | 8 | | under paragraph (9) of subsection (b) of Section 3 of this Act
| 9 | | shall adopt rules
providing for procedures for review by the | 10 | | agency of alleged violations of that
paragraph and appropriate | 11 | | remedial sanctions for noncompliance. The rules
shall include | 12 | | an appeal procedure for any affected participating | 13 | | organization
or United Fund. The agency designated by the | 14 | | Comptroller Governor shall notify the
Comptroller immediately | 15 | | of any final decision to remove a qualified
organization or | 16 | | United Fund from participation in SECA.
| 17 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 18 | | Section 10. The State Comptroller Act is amended by | 19 | | changing Sections 17 and 19.5 and by adding Section 28 as | 20 | | follows:
| 21 | | (15 ILCS 405/17) (from Ch. 15, par. 217)
| 22 | | Sec. 17. Inventory control records. The comptroller shall | 23 | | maintain current
inventory records of property held by or on |
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| 1 | | behalf of the State or any
State agency, which may be copies of | 2 | | the official inventory control records
maintained by State | 3 | | agencies or summaries thereof. The Office of the Comptroller | 4 | | shall define reporting requirements and thresholds to be used | 5 | | by State agencies in the Comptroller's Statewide Accounting | 6 | | Management System (SAMS) manual. The Department of Central
| 7 | | Management Services and each other State agency so
holding | 8 | | such property shall report to the comptroller, on forms | 9 | | prescribed
by the comptroller, all property acquired or | 10 | | disposed of by that agency,
in such detail and at such times as | 11 | | the comptroller requires, by rule, to
maintain accurate,
| 12 | | current inventory records. The Department of Central | 13 | | Management
Services shall transmit to the comptroller a | 14 | | certified copy of all reports
it may issue concerning State | 15 | | property, including its annual report.
| 16 | | (Source: P.A. 98-904, eff. 8-15-14.)
| 17 | | (15 ILCS 405/19.5) | 18 | | Sec. 19.5. Comprehensive Annual Financial Report (CAFR) ; | 19 | | procedures and reporting. | 20 | | (a) On or before October 31, 2012, and on or before each | 21 | | October 31 thereafter, State agencies shall report to the | 22 | | Comptroller all financial information deemed necessary by the | 23 | | Comptroller to compile and publish a comprehensive annual | 24 | | financial report using generally accepted accounting | 25 | | principles for the fiscal year ending June 30 of that year. The |
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| 1 | | Comptroller may require certain State agencies to submit the | 2 | | required information before October 31 under a schedule | 3 | | established by the Comptroller. If a State agency has | 4 | | submitted no or insufficient financial information by October | 5 | | 31, the Comptroller shall serve a written notice to each | 6 | | respective State agency director or secretary about the | 7 | | delinquency or inadequacy of the financial information. | 8 | | (b) If the financial information required in subsection | 9 | | (a) is submitted to the Comptroller on or before October 31, | 10 | | the lapse period is not extended past August 31 for the given | 11 | | fiscal year, and the Office of the Auditor General has | 12 | | completed an audit of the comprehensive annual financial | 13 | | report, then the Comptroller shall publish a comprehensive | 14 | | annual financial report using generally accepted accounting | 15 | | principles for the fiscal year ending June 30 of that year by | 16 | | December 31. If the information as required by subsection (a) | 17 | | is not provided to the Comptroller in time to publish the | 18 | | report by December 31, then upon notice from the Comptroller | 19 | | of the delay, each respective State agency director or | 20 | | secretary shall report his or her State agency's delinquency | 21 | | and provide an action plan to bring his or her State agency | 22 | | into compliance to the Comptroller, the Auditor General, the | 23 | | Office of the Governor, the Speaker and Minority Leader of the | 24 | | House of Representatives, and the President and Minority | 25 | | Leader of the Senate. Upon receiving that report from a State | 26 | | agency director or secretary, the Comptroller shall post that |
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| 1 | | report with the action plan on his or her official website. | 2 | | (c) If a comprehensive annual financial report using | 3 | | generally accepted accounting principles cannot be published | 4 | | by December 31 due to insufficient or inadequate reporting to | 5 | | the Comptroller, the lapse period is extended past August 31 | 6 | | for the given fiscal year, or the Office of the Auditor General | 7 | | has not completed an audit of the comprehensive annual | 8 | | financial report, then the Comptroller may issue interim | 9 | | reports containing financial information made available by | 10 | | reporting State agencies until an audit opinion is issued by | 11 | | the Auditor General on the comprehensive annual financial | 12 | | report.
| 13 | | (Source: P.A. 97-408, eff. 8-16-11; 98-240, eff. 8-9-13.) | 14 | | (15 ILCS 405/28 new) | 15 | | Sec. 28. Comptroller recess appointments. If, during a | 16 | | recess of the Senate, there is a
vacancy in an office filled by | 17 | | appointment by the Comptroller by
and with the advice and | 18 | | consent of the Senate, the Comptroller
shall make a temporary | 19 | | appointment until the next meeting of
the Senate, when he or | 20 | | she shall make a nomination to fill such
office. Any | 21 | | nomination not acted upon by the Senate within 60 session
days | 22 | | after the receipt thereof shall be deemed to have
received the | 23 | | advice and consent of the Senate. No person rejected by the | 24 | | Senate for an office
shall, except at the Senate's request, be | 25 | | nominated again for
that office at the same session or be |
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| 1 | | appointed to that
office during a recess of that Senate. | 2 | | Section 15. The Personnel Code is amended by changing | 3 | | Section 4c as follows: | 4 | | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | 5 | | Sec. 4c. General exemptions. The following positions in | 6 | | State
service shall be exempt from jurisdictions A, B, and C, | 7 | | unless the
jurisdictions shall be extended as provided in this | 8 | | Act:
| 9 | | (1) All officers elected by the people.
| 10 | | (2) All positions under the Lieutenant Governor, | 11 | | Secretary of State,
State Treasurer, State Comptroller, | 12 | | State Board of Education, Clerk of
the Supreme Court,
| 13 | | Attorney General, and State Board of Elections.
| 14 | | (3) Judges, and officers and employees of the courts, | 15 | | and notaries
public.
| 16 | | (4) All officers and employees of the Illinois General | 17 | | Assembly, all
employees of legislative commissions, all | 18 | | officers and employees of the
Illinois Legislative | 19 | | Reference Bureau and the Legislative Printing Unit.
| 20 | | (5) All positions in the Illinois National Guard and | 21 | | Illinois State
Guard, paid from federal funds or positions
| 22 | | in the State Military Service filled by enlistment and | 23 | | paid from State
funds.
| 24 | | (6) All employees of the Governor at the executive |
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| 1 | | mansion and on
his immediate personal staff.
| 2 | | (7) Directors of Departments, the Adjutant General, | 3 | | the Assistant
Adjutant General, the Director of the | 4 | | Illinois Emergency
Management Agency, members of boards | 5 | | and commissions, and all other
positions appointed by the | 6 | | Governor by and with the consent of the
Senate.
| 7 | | (8) The presidents, other principal administrative | 8 | | officers, and
teaching, research and extension faculties | 9 | | of
Chicago State University, Eastern Illinois University, | 10 | | Governors State
University, Illinois State University, | 11 | | Northeastern Illinois University,
Northern Illinois | 12 | | University, Western Illinois University, the Illinois
| 13 | | Community College Board, Southern Illinois
University, | 14 | | Illinois Board of Higher Education, University of
| 15 | | Illinois, State Universities Civil Service System, | 16 | | University Retirement
System of Illinois, and the | 17 | | administrative officers and scientific and
technical staff | 18 | | of the Illinois State Museum.
| 19 | | (9) All other employees except the presidents, other | 20 | | principal
administrative officers, and teaching, research | 21 | | and extension faculties
of the universities under the | 22 | | jurisdiction of the Board of Regents and
the colleges and | 23 | | universities under the jurisdiction of the Board of
| 24 | | Governors of State Colleges and Universities, Illinois | 25 | | Community College
Board, Southern Illinois University, | 26 | | Illinois Board of Higher Education,
Board of Governors of |
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| 1 | | State Colleges and Universities, the Board of
Regents, | 2 | | University of Illinois, State Universities Civil Service
| 3 | | System, University Retirement System of Illinois, so long | 4 | | as these are
subject to the provisions of the State | 5 | | Universities Civil Service Act.
| 6 | | (10) The State Police so long as they are subject to | 7 | | the merit
provisions of the State Police Act.
| 8 | | (11) (Blank).
| 9 | | (12) The technical and engineering staffs of the | 10 | | Department of
Transportation, the Department of Nuclear | 11 | | Safety, the Pollution Control
Board, and the Illinois | 12 | | Commerce Commission, and the technical and engineering
| 13 | | staff providing architectural and engineering services in | 14 | | the Department of
Central Management Services.
| 15 | | (13) All employees of the Illinois State Toll Highway | 16 | | Authority.
| 17 | | (14) The Secretary of the Illinois Workers' | 18 | | Compensation Commission.
| 19 | | (15) All persons who are appointed or employed by the | 20 | | Director of
Insurance under authority of Section 202 of | 21 | | the Illinois Insurance Code
to assist the Director of | 22 | | Insurance in discharging his responsibilities
relating to | 23 | | the rehabilitation, liquidation, conservation, and
| 24 | | dissolution of companies that are subject to the | 25 | | jurisdiction of the
Illinois Insurance Code.
| 26 | | (16) All employees of the St. Louis Metropolitan Area |
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| 1 | | Airport
Authority.
| 2 | | (17) All investment officers employed by the Illinois | 3 | | State Board of
Investment.
| 4 | | (18) Employees of the Illinois Young Adult | 5 | | Conservation Corps program,
administered by the Illinois | 6 | | Department of Natural Resources, authorized
grantee under | 7 | | Title VIII of the Comprehensive
Employment and Training | 8 | | Act of 1973, 29 USC 993.
| 9 | | (19) Seasonal employees of the Department of | 10 | | Agriculture for the
operation of the Illinois State Fair | 11 | | and the DuQuoin State Fair, no one
person receiving more | 12 | | than 29 days of such employment in any calendar year.
| 13 | | (20) All "temporary" employees hired under the | 14 | | Department of Natural
Resources' Illinois Conservation | 15 | | Service, a youth
employment program that hires young | 16 | | people to work in State parks for a period
of one year or | 17 | | less.
| 18 | | (21) All hearing officers of the Human Rights | 19 | | Commission.
| 20 | | (22) All employees of the Illinois Mathematics and | 21 | | Science Academy.
| 22 | | (23) All employees of the Kankakee River Valley Area
| 23 | | Airport Authority.
| 24 | | (24) The commissioners and employees of the Executive | 25 | | Ethics
Commission.
| 26 | | (25) The Executive Inspectors General, including |
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| 1 | | special Executive
Inspectors General, and employees of | 2 | | each Office of an
Executive Inspector General.
| 3 | | (26) The commissioners and employees of the | 4 | | Legislative Ethics
Commission.
| 5 | | (27) The Legislative Inspector General, including | 6 | | special Legislative
Inspectors General, and employees of | 7 | | the Office of
the Legislative Inspector General.
| 8 | | (28) The Auditor General's Inspector General and | 9 | | employees of the Office
of the Auditor General's Inspector | 10 | | General.
| 11 | | (29) All employees of the Illinois Power Agency. | 12 | | (30) Employees having demonstrable, defined advanced | 13 | | skills in accounting, financial reporting, or technical | 14 | | expertise who are employed within executive branch | 15 | | agencies and whose duties are directly related to the | 16 | | submission to the Office of the Comptroller of financial | 17 | | information for the publication of the Comprehensive | 18 | | Annual Financial Report (CAFR) . | 19 | | (31) All employees of the Illinois Sentencing Policy | 20 | | Advisory Council. | 21 | | (Source: P.A. 100-1148, eff. 12-10-18.)
| 22 | | Section 20. The State Finance Act is amended by changing | 23 | | Section 25 as follows:
| 24 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
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| 1 | | Sec. 25. Fiscal year limitations.
| 2 | | (a) All appropriations shall be
available for expenditure | 3 | | for the fiscal year or for a lesser period if the
Act making | 4 | | that appropriation so specifies. A deficiency or emergency
| 5 | | appropriation shall be available for expenditure only through | 6 | | June 30 of
the year when the Act making that appropriation is | 7 | | enacted unless that Act
otherwise provides.
| 8 | | (b) Outstanding liabilities as of June 30, payable from | 9 | | appropriations
which have otherwise expired, may be paid out | 10 | | of the expiring
appropriations during the 2-month period | 11 | | ending at the
close of business on August 31. Extensions of | 12 | | lapse period may be made for individual agencies or funds only | 13 | | upon the signed authorization of the Governor and Comptroller, | 14 | | and shall not be extended by more than an additional 30 days. | 15 | | Any service involving
professional or artistic skills or any | 16 | | personal services by an employee whose
compensation is subject | 17 | | to income tax withholding must be performed as of June
30 of | 18 | | the fiscal year in order to be considered an "outstanding | 19 | | liability as of
June 30" that is thereby eligible for payment | 20 | | out of the expiring
appropriation.
| 21 | | (b-1) However, payment of tuition reimbursement claims | 22 | | under Section 14-7.03 or
18-3 of the School Code may be made by | 23 | | the State Board of Education from its
appropriations for those | 24 | | respective purposes for any fiscal year, even though
the | 25 | | claims reimbursed by the payment may be claims attributable to | 26 | | a prior
fiscal year, and payments may be made at the direction |
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| 1 | | of the State
Superintendent of Education from the fund from | 2 | | which the appropriation is made
without regard to any fiscal | 3 | | year limitations, except as required by subsection (j) of this | 4 | | Section. Beginning on June 30, 2021, payment of tuition | 5 | | reimbursement claims under Section 14-7.03 or 18-3 of the | 6 | | School Code as of June 30, payable from appropriations that | 7 | | have otherwise expired, may be paid out of the expiring | 8 | | appropriation during the 4-month period ending at the close of | 9 | | business on October 31.
| 10 | | (b-2) (Blank). | 11 | | (b-2.5) (Blank). | 12 | | (b-2.6) (Blank). | 13 | | (b-2.6a) (Blank). | 14 | | (b-2.6b) (Blank). | 15 | | (b-2.6c) (Blank). | 16 | | (b-2.6d) All outstanding liabilities as of June 30, 2020, | 17 | | payable from appropriations that would otherwise expire at the | 18 | | conclusion of the lapse period for fiscal year 2020, and | 19 | | interest penalties payable on those liabilities under the | 20 | | State Prompt Payment Act, may be paid out of the expiring | 21 | | appropriations until December 31, 2020, without regard to the | 22 | | fiscal year in which the payment is made, as long as vouchers | 23 | | for the liabilities are received by the Comptroller no later | 24 | | than September 30, 2020. | 25 | | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, | 26 | | 2020, and 2021, interest penalties payable under the State |
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| 1 | | Prompt Payment Act associated with a voucher for which payment | 2 | | is issued after June 30 may be paid out of the next fiscal | 3 | | year's appropriation. The future year appropriation must be | 4 | | for the same purpose and from the same fund as the original | 5 | | payment. An interest penalty voucher submitted against a | 6 | | future year appropriation must be submitted within 60 days | 7 | | after the issuance of the associated voucher, except that, for | 8 | | fiscal year 2018 only, an interest penalty voucher submitted | 9 | | against a future year appropriation must be submitted within | 10 | | 60 days of June 5, 2019 (the effective date of Public Act | 11 | | 101-10). The Comptroller must issue the interest payment | 12 | | within 60 days after acceptance of the interest voucher. | 13 | | (b-3) Medical payments may be made by the Department of | 14 | | Veterans' Affairs from
its
appropriations for those purposes | 15 | | for any fiscal year, without regard to the
fact that the | 16 | | medical services being compensated for by such payment may | 17 | | have
been rendered in a prior fiscal year, except as required | 18 | | by subsection (j) of this Section. Beginning on June 30, 2021, | 19 | | medical payments payable from appropriations that have | 20 | | otherwise expired may be paid out of the expiring | 21 | | appropriation during the 4-month period ending at the close of | 22 | | business on October 31.
| 23 | | (b-4) Medical payments and child care
payments may be made | 24 | | by the Department of
Human Services (as successor to the | 25 | | Department of Public Aid) from
appropriations for those | 26 | | purposes for any fiscal year,
without regard to the fact that |
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| 1 | | the medical or child care services being
compensated for by | 2 | | such payment may have been rendered in a prior fiscal
year; and | 3 | | payments may be made at the direction of the Department of
| 4 | | Healthcare and Family Services (or successor agency) from the | 5 | | Health Insurance Reserve Fund without regard to any fiscal
| 6 | | year limitations, except as required by subsection (j) of this | 7 | | Section. Beginning on June 30, 2021, medical and child care | 8 | | payments made by the Department of Human Services and payments | 9 | | made at the discretion of the Department of Healthcare and | 10 | | Family Services (or successor agency) from the Health | 11 | | Insurance Reserve Fund and payable from appropriations that | 12 | | have otherwise expired may be paid out of the expiring | 13 | | appropriation during the 4-month period ending at the close of | 14 | | business on October 31.
| 15 | | (b-5) Medical payments may be made by the Department of | 16 | | Human Services from its appropriations relating to substance | 17 | | abuse treatment services for any fiscal year, without regard | 18 | | to the fact that the medical services being compensated for by | 19 | | such payment may have been rendered in a prior fiscal year, | 20 | | provided the payments are made on a fee-for-service basis | 21 | | consistent with requirements established for Medicaid | 22 | | reimbursement by the Department of Healthcare and Family | 23 | | Services, except as required by subsection (j) of this | 24 | | Section. Beginning on June 30, 2021, medical payments made by | 25 | | the Department of Human Services relating to substance abuse | 26 | | treatment services payable from appropriations that have |
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| 1 | | otherwise expired may be paid out of the expiring | 2 | | appropriation during the 4-month period ending at the close of | 3 | | business on October 31. | 4 | | (b-6) (Blank).
| 5 | | (b-7) Payments may be made in accordance with a plan | 6 | | authorized by paragraph (11) or (12) of Section 405-105 of the | 7 | | Department of Central Management Services Law from | 8 | | appropriations for those payments without regard to fiscal | 9 | | year limitations. | 10 | | (b-8) Reimbursements to eligible airport sponsors for the | 11 | | construction or upgrading of Automated Weather Observation | 12 | | Systems may be made by the Department of Transportation from | 13 | | appropriations for those purposes for any fiscal year, without | 14 | | regard to the fact that the qualification or obligation may | 15 | | have occurred in a prior fiscal year, provided that at the time | 16 | | the expenditure was made the project had been approved by the | 17 | | Department of Transportation prior to June 1, 2012 and, as a | 18 | | result of recent changes in federal funding formulas, can no | 19 | | longer receive federal reimbursement. | 20 | | (b-9) (Blank). | 21 | | (c) Further, payments may be made by the Department of | 22 | | Public Health and the
Department of Human Services (acting as | 23 | | successor to the Department of Public
Health under the | 24 | | Department of Human Services Act)
from their respective | 25 | | appropriations for grants for medical care to or on
behalf of | 26 | | premature and high-mortality risk infants and their mothers |
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| 1 | | and
for grants for supplemental food supplies provided under | 2 | | the United States
Department of Agriculture Women, Infants and | 3 | | Children Nutrition Program,
for any fiscal year without regard | 4 | | to the fact that the services being
compensated for by such | 5 | | payment may have been rendered in a prior fiscal year, except | 6 | | as required by subsection (j) of this Section. Beginning on | 7 | | June 30, 2021, payments made by the Department of Public | 8 | | Health and the Department of Human Services from their | 9 | | respective appropriations for grants for medical care to or on | 10 | | behalf of premature and high-mortality risk infants and their | 11 | | mothers and for grants for supplemental food supplies provided | 12 | | under the United States Department of Agriculture Women, | 13 | | Infants and Children Nutrition Program payable from | 14 | | appropriations that have otherwise expired may be paid out of | 15 | | the expiring appropriations during the 4-month period ending | 16 | | at the close of business on October 31.
| 17 | | (d) The Department of Public Health and the Department of | 18 | | Human Services
(acting as successor to the Department of | 19 | | Public Health under the Department of
Human Services Act) | 20 | | shall each annually submit to the State Comptroller, Senate
| 21 | | President, Senate
Minority Leader, Speaker of the House, House | 22 | | Minority Leader, and the
respective Chairmen and Minority | 23 | | Spokesmen of the
Appropriations Committees of the Senate and | 24 | | the House, on or before
December 31, a report of fiscal year | 25 | | funds used to pay for services
provided in any prior fiscal | 26 | | year. This report shall document by program or
service |
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| 1 | | category those expenditures from the most recently completed | 2 | | fiscal
year used to pay for services provided in prior fiscal | 3 | | years.
| 4 | | (e) The Department of Healthcare and Family Services, the | 5 | | Department of Human Services
(acting as successor to the | 6 | | Department of Public Aid), and the Department of Human | 7 | | Services making fee-for-service payments relating to substance | 8 | | abuse treatment services provided during a previous fiscal | 9 | | year shall each annually
submit to the State
Comptroller, | 10 | | Senate President, Senate Minority Leader, Speaker of the | 11 | | House,
House Minority Leader, the respective Chairmen and | 12 | | Minority Spokesmen of the
Appropriations Committees of the | 13 | | Senate and the House, on or before November
30, a report that | 14 | | shall document by program or service category those
| 15 | | expenditures from the most recently completed fiscal year used | 16 | | to pay for (i)
services provided in prior fiscal years and (ii) | 17 | | services for which claims were
received in prior fiscal years.
| 18 | | (f) The Department of Human Services (as successor to the | 19 | | Department of
Public Aid) shall annually submit to the State
| 20 | | Comptroller, Senate President, Senate Minority Leader, Speaker | 21 | | of the House,
House Minority Leader, and the respective | 22 | | Chairmen and Minority Spokesmen of
the Appropriations | 23 | | Committees of the Senate and the House, on or before
December | 24 | | 31, a report
of fiscal year funds used to pay for services | 25 | | (other than medical care)
provided in any prior fiscal year. | 26 | | This report shall document by program or
service category |
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| 1 | | those expenditures from the most recently completed fiscal
| 2 | | year used to pay for services provided in prior fiscal years.
| 3 | | (g) In addition, each annual report required to be | 4 | | submitted by the
Department of Healthcare and Family Services | 5 | | under subsection (e) shall include the following
information | 6 | | with respect to the State's Medicaid program:
| 7 | | (1) Explanations of the exact causes of the variance | 8 | | between the previous
year's estimated and actual | 9 | | liabilities.
| 10 | | (2) Factors affecting the Department of Healthcare and | 11 | | Family Services' liabilities,
including, but not limited | 12 | | to, numbers of aid recipients, levels of medical
service | 13 | | utilization by aid recipients, and inflation in the cost | 14 | | of medical
services.
| 15 | | (3) The results of the Department's efforts to combat | 16 | | fraud and abuse.
| 17 | | (h) As provided in Section 4 of the General Assembly | 18 | | Compensation Act,
any utility bill for service provided to a | 19 | | General Assembly
member's district office for a period | 20 | | including portions of 2 consecutive
fiscal years may be paid | 21 | | from funds appropriated for such expenditure in
either fiscal | 22 | | year.
| 23 | | (i) An agency which administers a fund classified by the | 24 | | Comptroller as an
internal service fund may issue rules for:
| 25 | | (1) billing user agencies in advance for payments or | 26 | | authorized inter-fund transfers
based on estimated charges |
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| 1 | | for goods or services;
| 2 | | (2) issuing credits, refunding through inter-fund | 3 | | transfers, or reducing future inter-fund transfers
during
| 4 | | the subsequent fiscal year for all user agency payments or | 5 | | authorized inter-fund transfers received during the
prior | 6 | | fiscal year which were in excess of the final amounts owed | 7 | | by the user
agency for that period; and
| 8 | | (3) issuing catch-up billings to user agencies
during | 9 | | the subsequent fiscal year for amounts remaining due when | 10 | | payments or authorized inter-fund transfers
received from | 11 | | the user agency during the prior fiscal year were less | 12 | | than the
total amount owed for that period.
| 13 | | User agencies are authorized to reimburse internal service | 14 | | funds for catch-up
billings by vouchers drawn against their | 15 | | respective appropriations for the
fiscal year in which the | 16 | | catch-up billing was issued or by increasing an authorized | 17 | | inter-fund transfer during the current fiscal year. For the | 18 | | purposes of this Act, "inter-fund transfers" means transfers | 19 | | without the use of the voucher-warrant process, as authorized | 20 | | by Section 9.01 of the State Comptroller Act.
| 21 | | (i-1) Beginning on July 1, 2021, all outstanding | 22 | | liabilities, not payable during the 4-month lapse period as | 23 | | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) | 24 | | of this Section, that are made from appropriations for that | 25 | | purpose for any fiscal year, without regard to the fact that | 26 | | the services being compensated for by those payments may have |
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| 1 | | been rendered in a prior fiscal year, are limited to only those | 2 | | claims that have been incurred but for which a proper bill or | 3 | | invoice as defined by the State Prompt Payment Act has not been | 4 | | received by September 30th following the end of the fiscal | 5 | | year in which the service was rendered. | 6 | | (j) Notwithstanding any other provision of this Act, the | 7 | | aggregate amount of payments to be made without regard for | 8 | | fiscal year limitations as contained in subsections (b-1), | 9 | | (b-3), (b-4), (b-5), and (c) of this Section, and determined | 10 | | by using Generally Accepted Accounting Principles, shall not | 11 | | exceed the following amounts: | 12 | | (1) $6,000,000,000 for outstanding liabilities related | 13 | | to fiscal year 2012; | 14 | | (2) $5,300,000,000 for outstanding liabilities related | 15 | | to fiscal year 2013; | 16 | | (3) $4,600,000,000 for outstanding liabilities related | 17 | | to fiscal year 2014; | 18 | | (4) $4,000,000,000 for outstanding liabilities related | 19 | | to fiscal year 2015; | 20 | | (5) $3,300,000,000 for outstanding liabilities related | 21 | | to fiscal year 2016; | 22 | | (6) $2,600,000,000 for outstanding liabilities related | 23 | | to fiscal year 2017; | 24 | | (7) $2,000,000,000 for outstanding liabilities related | 25 | | to fiscal year 2018; | 26 | | (8) $1,300,000,000 for outstanding liabilities related |
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| 1 | | to fiscal year 2019; | 2 | | (9) $600,000,000 for outstanding liabilities related | 3 | | to fiscal year 2020; and | 4 | | (10) $0 for outstanding liabilities related to fiscal | 5 | | year 2021 and fiscal years thereafter. | 6 | | (k) Department of Healthcare and Family Services Medical | 7 | | Assistance Payments. | 8 | | (1) Definition of Medical Assistance. | 9 | | For purposes of this subsection, the term "Medical | 10 | | Assistance" shall include, but not necessarily be | 11 | | limited to, medical programs and services authorized | 12 | | under Titles XIX and XXI of the Social Security Act, | 13 | | the Illinois Public Aid Code, the Children's Health | 14 | | Insurance Program Act, the Covering ALL KIDS Health | 15 | | Insurance Act, the Long Term Acute Care Hospital | 16 | | Quality Improvement Transfer Program Act, and medical | 17 | | care to or on behalf of persons suffering from chronic | 18 | | renal disease, persons suffering from hemophilia, and | 19 | | victims of sexual assault. | 20 | | (2) Limitations on Medical Assistance payments that | 21 | | may be paid from future fiscal year appropriations. | 22 | | (A) The maximum amounts of annual unpaid Medical | 23 | | Assistance bills received and recorded by the | 24 | | Department of Healthcare and Family Services on or | 25 | | before June 30th of a particular fiscal year | 26 | | attributable in aggregate to the General Revenue Fund, |
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| 1 | | Healthcare Provider Relief Fund, Tobacco Settlement | 2 | | Recovery Fund, Long-Term Care Provider Fund, and the | 3 | | Drug Rebate Fund that may be paid in total by the | 4 | | Department from future fiscal year Medical Assistance | 5 | | appropriations to those funds are:
$700,000,000 for | 6 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 | 7 | | and each fiscal year thereafter. | 8 | | (B) Bills for Medical Assistance services rendered | 9 | | in a particular fiscal year, but received and recorded | 10 | | by the Department of Healthcare and Family Services | 11 | | after June 30th of that fiscal year, may be paid from | 12 | | either appropriations for that fiscal year or future | 13 | | fiscal year appropriations for Medical Assistance. | 14 | | Such payments shall not be subject to the requirements | 15 | | of subparagraph (A). | 16 | | (C) Medical Assistance bills received by the | 17 | | Department of Healthcare and Family Services in a | 18 | | particular fiscal year, but subject to payment amount | 19 | | adjustments in a future fiscal year may be paid from a | 20 | | future fiscal year's appropriation for Medical | 21 | | Assistance. Such payments shall not be subject to the | 22 | | requirements of subparagraph (A). | 23 | | (D) Medical Assistance payments made by the | 24 | | Department of Healthcare and Family Services from | 25 | | funds other than those specifically referenced in | 26 | | subparagraph (A) may be made from appropriations for |
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| 1 | | those purposes for any fiscal year without regard to | 2 | | the fact that the Medical Assistance services being | 3 | | compensated for by such payment may have been rendered | 4 | | in a prior fiscal year. Such payments shall not be | 5 | | subject to the requirements of subparagraph (A). | 6 | | (3) Extended lapse period for Department of Healthcare | 7 | | and Family Services Medical Assistance payments. | 8 | | Notwithstanding any other State law to the contrary, | 9 | | outstanding Department of Healthcare and Family Services | 10 | | Medical Assistance liabilities, as of June 30th, payable | 11 | | from appropriations which have otherwise expired, may be | 12 | | paid out of the expiring appropriations during the 4-month | 13 | | 6-month period ending at the close of business on October | 14 | | December 31st. Extensions of Healthcare and Family | 15 | | Services Medical Assistance payments lapse period may be | 16 | | made upon the signed authorization of the Governor and | 17 | | Comptroller, and shall not be extended by more than an | 18 | | additional 30 days. | 19 | | (l) The changes to this Section made by Public Act 97-691 | 20 | | shall be effective for payment of Medical Assistance bills | 21 | | incurred in fiscal year 2013 and future fiscal years. The | 22 | | changes to this Section made by Public Act 97-691 shall not be | 23 | | applied to Medical Assistance bills incurred in fiscal year | 24 | | 2012 or prior fiscal years. | 25 | | (m) The Comptroller must issue payments against | 26 | | outstanding liabilities that were received prior to the lapse |
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| 1 | | period deadlines set forth in this Section as soon thereafter | 2 | | as practical, but no payment may be issued after the 4 months | 3 | | following the lapse period deadline without the signed | 4 | | authorization of the Comptroller and the Governor. | 5 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 6 | | 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff. | 7 | | 6-10-20.)
| 8 | | (30 ILCS 105/11.5 rep.)
| 9 | | Section 25. The State Finance Act is amended by repealing | 10 | | Section 11.5. | 11 | | Section 30. The Illinois Procurement Code is amended by | 12 | | changing Section 20-80 as follows:
| 13 | | (30 ILCS 500/20-80)
| 14 | | Sec. 20-80. Contract files.
| 15 | | (a) Written determinations. All written determinations
| 16 | | required under this Article shall
be placed in the contract | 17 | | file maintained by the chief procurement officer.
| 18 | | (b) Filing with Comptroller. Whenever a grant, defined | 19 | | pursuant to
accounting standards established by the | 20 | | Comptroller, or a contract
liability,
except for:
(1) | 21 | | contracts paid
from personal services, or
(2) contracts | 22 | | between the State and its
employees to defer
compensation in | 23 | | accordance with Article 24 of the Illinois Pension Code, or |
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| 1 | | (3) contracts that do not obligate funds held within the State | 2 | | treasury for fiscal year 2022 and thereafter,
exceeding | 3 | | $20,000 is incurred by any
State agency, a copy of the | 4 | | contract, purchase order, grant, or
lease shall be filed with | 5 | | the
Comptroller within 30 calendar days thereafter. Beginning | 6 | | in fiscal year 2022, information pertaining to contracts | 7 | | exceeding $20,000 that do not obligate funds held within the | 8 | | State treasury shall be submitted in a quarterly report to the | 9 | | Comptroller in a form and manner prescribed by the | 10 | | Comptroller. The Comptroller shall make the quarterly report | 11 | | available on his or her website. Beginning January 1, 2013, | 12 | | the Comptroller may require that contracts and grants required | 13 | | to be filed with the Comptroller under this Section shall be | 14 | | filed electronically, unless the agency is incapable of filing | 15 | | the contract or grant electronically because it does not | 16 | | possess the necessary technology or equipment. Any State | 17 | | agency that is incapable of electronically filing its | 18 | | contracts or grants shall submit a written statement to the | 19 | | Governor and to the Comptroller attesting to the reasons for | 20 | | its inability to comply. This statement shall include a | 21 | | discussion of what the State agency needs in order to | 22 | | effectively comply with this Section. Prior to requiring | 23 | | electronic filing, the Comptroller shall consult with the | 24 | | Governor as to the feasibility of establishing mutually | 25 | | agreeable technical standards for the electronic document | 26 | | imaging, storage, and transfer of contracts and grants, taking |
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| 1 | | into consideration the technology available to that agency, | 2 | | best practices, and the technological capabilities of State | 3 | | agencies. Nothing in this amendatory Act of the 97th General | 4 | | Assembly shall be construed to impede the implementation of an | 5 | | Enterprise Resource Planning (ERP) system. For each State | 6 | | contract for supplies or services awarded on or after July 1, | 7 | | 2010, the contracting agency shall provide the applicable rate | 8 | | and unit of measurement of the supplies or services on the | 9 | | contract obligation document as required by the Comptroller. | 10 | | If the contract obligation document that is submitted to the | 11 | | Comptroller contains the rate and unit of measurement of the | 12 | | supplies or services, the Comptroller shall provide that | 13 | | information on his or her official website. Any cancellation | 14 | | or
modification to any such contract
liability shall be filed | 15 | | with the Comptroller within 30 calendar days of
its execution.
| 16 | | (c) Late filing affidavit. When a contract, purchase | 17 | | order, grant,
or lease required to be
filed by this Section has | 18 | | not been filed within 30 calendar days of
execution, the | 19 | | Comptroller shall refuse
to issue a warrant for payment | 20 | | thereunder until the agency files
with the Comptroller the
| 21 | | contract, purchase order, grant, or lease and an affidavit, | 22 | | signed by the
chief executive officer of the
agency or his or | 23 | | her designee, setting forth an explanation of why
the contract | 24 | | liability was not
filed within 30 calendar days of execution. | 25 | | A copy of this affidavit shall
be filed with the Auditor
| 26 | | General.
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| 1 | | (d) Timely execution of contracts. Except as set forth in | 2 | | subsection (b) of this Section, no
voucher shall be submitted | 3 | | to the
Comptroller for a warrant to be drawn for the payment of | 4 | | money
from the State treasury or from
other funds held by the | 5 | | State Treasurer on account of any contract unless the
contract | 6 | | is reduced to writing
before the services are performed and | 7 | | filed with the Comptroller. Contractors shall not be paid for | 8 | | any supplies that were received or services that were rendered | 9 | | before the contract was reduced to writing and signed by all | 10 | | necessary parties. A chief procurement officer may request an | 11 | | exception to this subsection by submitting a written statement | 12 | | to the Comptroller and Treasurer setting forth the | 13 | | circumstances and reasons why the contract could not be | 14 | | reduced to writing before the supplies were received or | 15 | | services were performed. A waiver of this subsection must be | 16 | | approved by the Comptroller and Treasurer. This Section shall | 17 | | not apply to emergency purchases if notice of the emergency | 18 | | purchase is filed with the Procurement Policy Board and | 19 | | published in the Bulletin as required by this Code.
| 20 | | (e) Method of source selection. When a contract is filed
| 21 | | with the Comptroller under this
Section, the Comptroller's | 22 | | file shall identify the method of
source selection used in | 23 | | obtaining the
contract.
| 24 | | (Source: P.A. 100-43, eff. 8-9-17.) | 25 | | Section 35. The State Prompt Payment Act is amended by |
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| 1 | | changing Sections 8 and 9 as follows: | 2 | | (30 ILCS 540/8) | 3 | | Sec. 8. Vendor Payment Program. | 4 | | (a) As used in this Section: | 5 | | "Applicant" means any entity seeking to be designated | 6 | | as a qualified purchaser. | 7 | | "Application period" means the time period when the | 8 | | Program is accepting applications as determined by the | 9 | | Department of Central Management Services. | 10 | | "Assigned penalties" means penalties payable by the | 11 | | State in accordance with this Act that are assigned to the | 12 | | qualified purchaser of an assigned receivable. | 13 | | "Assigned receivable" means the base invoice amount of | 14 | | a qualified account receivable and any associated assigned | 15 | | penalties due, currently and in the future, in accordance | 16 | | with this Act. | 17 | | "Assignment agreement" means an agreement executed and | 18 | | delivered by a participating vendor and a qualified | 19 | | purchaser, in which the participating vendor will assign | 20 | | one or more qualified accounts receivable to the qualified | 21 | | purchaser and make certain representations and warranties | 22 | | in respect thereof. | 23 | | "Base invoice amount" means the unpaid principal | 24 | | amount of the invoice associated with an assigned | 25 | | receivable. |
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| 1 | | "Department" means the Department of Central | 2 | | Management Services. | 3 | | "Medical assistance program" means any program which | 4 | | provides medical assistance under Article V of the | 5 | | Illinois Public Aid Code, including Medicaid. | 6 | | "Participating vendor" means a vendor whose | 7 | | application for the sale of a qualified account receivable | 8 | | is accepted for purchase by a qualified purchaser under | 9 | | the Program terms. | 10 | | "Program" means a Vendor Payment Program. | 11 | | "Prompt payment penalties" means penalties payable by | 12 | | the State in accordance with this Act. | 13 | | "Purchase price" means 100% of the base invoice amount | 14 | | associated with an assigned receivable minus: (1) any | 15 | | deductions against the assigned receivable arising from | 16 | | State offsets; and (2) if and to the extent exercised by a | 17 | | qualified purchaser, other deductions for amounts owed by | 18 | | the participating vendor to the qualified purchaser for | 19 | | State offsets applied against other accounts receivable | 20 | | assigned by the participating vendor to the qualified | 21 | | purchaser under the Program. | 22 | | "Qualified account receivable" means an account | 23 | | receivable due and payable by the State that is | 24 | | outstanding for 90 days or more, is eligible to accrue | 25 | | prompt payment penalties under this Act and is verified by | 26 | | the relevant State agency. A qualified account receivable |
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| 1 | | shall not include any account receivable related to | 2 | | medical assistance program (including Medicaid) payments | 3 | | or any other accounts receivable, the transfer or | 4 | | assignment of which is prohibited by, or otherwise | 5 | | prevented by, applicable law. | 6 | | "Qualified purchaser" means any entity that, during | 7 | | any application period, is approved by the Department of | 8 | | Central Management Services to participate in the Program | 9 | | on the basis of certain qualifying criteria as determined | 10 | | by the Department. | 11 | | "State offsets" means any amount deducted from | 12 | | payments made by the State in respect of any qualified | 13 | | account receivable due to the State's exercise of any | 14 | | offset or other contractual rights against a participating | 15 | | vendor. For the purpose of this Section, "State offsets" | 16 | | include statutorily required administrative fees imposed | 17 | | under the State Comptroller Act. | 18 | | "Sub-participant" means any individual or entity that | 19 | | intends to purchase assigned receivables, directly or | 20 | | indirectly, by or through an applicant or qualified | 21 | | purchaser for the purposes of the Program. | 22 | | "Sub-participant certification" means an instrument | 23 | | executed and delivered to the Department of Central | 24 | | Management Services by a sub-participant, in which the | 25 | | sub-participant certifies its agreement, among others, to | 26 | | be bound by the terms and conditions of the Program as a |
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| 1 | | condition to its participation in the Program as a | 2 | | sub-participant. | 3 | | (b) This Section reflects the provisions of Section | 4 | | 900.125 of Title 74 of the Illinois Administrative Code prior | 5 | | to January 1, 2018. The requirements of this Section establish | 6 | | the criteria for participation by participating vendors and | 7 | | qualified purchasers in a Vendor Payment Program. Information | 8 | | regarding the Vendor Payment Program may be found at the | 9 | | Internet website for the Department of Central Management | 10 | | Services. | 11 | | (c) The State Comptroller and the Department of Central | 12 | | Management Services is are authorized to establish and | 13 | | implement the Program under Section 3-3. This Section applies | 14 | | to all qualified accounts receivable not otherwise excluded | 15 | | from receiving prompt payment interest under Section 900.120 | 16 | | of Title 74 of the Illinois Administrative Code. This Section | 17 | | shall not apply to the purchase of any accounts receivable | 18 | | related to payments made under a medical assistance program, | 19 | | including Medicaid payments, or any other purchase of accounts | 20 | | receivable that is otherwise prohibited by law. | 21 | | (d) Under the Program, qualified purchasers may purchase | 22 | | from participating vendors certain qualified accounts | 23 | | receivable owed by the State to the participating vendors. A | 24 | | participating vendor shall not simultaneously apply to sell | 25 | | the same qualified account receivable to more than one | 26 | | qualified purchaser. In consideration of the payment of the |
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| 1 | | purchase price, a participating vendor shall assign to the | 2 | | qualified purchaser all of its rights to payment of the | 3 | | qualified account receivable, including all current and future | 4 | | prompt payment penalties due to that qualified account | 5 | | receivable in accordance with this Act. | 6 | | (e) A vendor may apply to participate in the Program if: | 7 | | (1) the vendor is owed an account receivable by the | 8 | | State for which prompt payment penalties have commenced | 9 | | accruing; | 10 | | (2) the vendor's account receivable is eligible to | 11 | | accrue prompt payment penalty interest under this Act; | 12 | | (3) the vendor's account receivable is not for | 13 | | payments under a medical assistance program; and | 14 | | (4) the vendor's account receivable is not prohibited | 15 | | by, or otherwise prevented by, applicable law from being | 16 | | transferred or assigned under this Section. | 17 | | (f) The Department shall review and approve or disapprove | 18 | | each applicant seeking a qualified purchaser designation. | 19 | | Factors to be considered by the Department in determining | 20 | | whether an applicant shall be designated as a qualified | 21 | | purchaser include, but are not limited to, the following: | 22 | | (1) the qualified purchaser's agreement to commit a | 23 | | minimum purchase amount as established from time to time | 24 | | by the Department based upon the current needs of the | 25 | | Program and the qualified purchaser's demonstrated ability | 26 | | to fund its commitment; |
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| 1 | | (2) the demonstrated ability of a qualified | 2 | | purchaser's sub-participants to fund their portions of a | 3 | | qualified purchaser's minimum purchase commitment; | 4 | | (3) the ability of a qualified purchaser and its | 5 | | sub-participants to meet standards of responsibility | 6 | | substantially in accordance with the requirements of the | 7 | | Standards of Responsibility found in subsection (b) of | 8 | | Section 1.2046 of Title 44 of the Illinois Administrative | 9 | | Code concerning government contracts, procurement, and | 10 | | property management; | 11 | | (4) the agreement of each qualified purchaser, at its | 12 | | sole cost and expense, to administer and facilitate the | 13 | | operation of the Program with respect to that qualified | 14 | | purchaser, including, without limitation, assisting | 15 | | potential participating vendors with the application and | 16 | | assignment process; | 17 | | (5) the agreement of each qualified purchaser, at its | 18 | | sole cost and expense, to establish a website that is | 19 | | determined by the Department to be sufficient to | 20 | | administer the Program in accordance with the terms and | 21 | | conditions of the Program; | 22 | | (6) the agreement of each qualified purchaser, at its | 23 | | sole cost and expense, to market the Program to potential | 24 | | participating vendors; | 25 | | (7) the agreement of each qualified purchaser, at its | 26 | | sole cost and expense, to educate participating vendors |
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| 1 | | about the benefits and risks associated with participation | 2 | | in the Program; | 3 | | (8) the agreement of each qualified purchaser, at its | 4 | | sole cost and expense, to deposit funds into, release | 5 | | funds from, and otherwise maintain all required accounts | 6 | | in accordance with the terms and conditions of the | 7 | | Program. Subject to the Program terms, all required | 8 | | accounts shall be maintained and controlled by the | 9 | | qualified purchaser at the qualified purchaser's sole cost | 10 | | and at no cost, whether in the form of fees or otherwise, | 11 | | to the participating vendors; | 12 | | (9) the agreement of each qualified purchaser, at its | 13 | | sole cost and expense, to submit a monthly written report, | 14 | | in an acceptable electronic format, to the State | 15 | | Comptroller or its designee and the Department or its | 16 | | designee, within 10 days after the end of each month, | 17 | | which, unless otherwise specified by the Department, at a | 18 | | minimum, shall contain: | 19 | | (A) a listing of each assigned receivable | 20 | | purchased by that qualified purchaser during the | 21 | | month, specifying the base invoice amount and invoice | 22 | | date of that assigned receivable and the name of the | 23 | | participating vendor, State contract number, voucher | 24 | | number, and State agency associated with that assigned | 25 | | receivable; | 26 | | (B) a listing of each assigned receivable with |
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| 1 | | respect to which the qualified purchaser has received | 2 | | payment of the base invoice amount from the State | 3 | | during that month, including the amount of and date on | 4 | | which that payment was made and the name of the | 5 | | participating vendor, State contract number, voucher | 6 | | number, and State agency associated with the assigned | 7 | | receivable, and identifying the relevant application | 8 | | period for each assigned receivable; | 9 | | (C) a listing of any payments of assigned | 10 | | penalties received from the State during the month, | 11 | | including the amount of and date on which the payment | 12 | | was made, the name of the participating vendor, the | 13 | | voucher number for the assigned penalty receivable, | 14 | | and the associated assigned receivable, including the | 15 | | State contract number, voucher number, and State | 16 | | agency associated with the assigned receivable, and | 17 | | identifying the relevant application period for each | 18 | | assigned receivable; | 19 | | (D) the aggregate number and dollar value of | 20 | | assigned receivables purchased by the qualified | 21 | | purchaser from the date on which that qualified | 22 | | purchaser commenced participating in the Program | 23 | | through the last day of the month; | 24 | | (E) the aggregate number and dollar value of | 25 | | assigned receivables purchased by the qualified | 26 | | purchaser for which no payment by the State of the base |
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| 1 | | invoice amount has yet been received, from the date on | 2 | | which the qualified purchaser commenced participating | 3 | | in the Program through the last day of the month; | 4 | | (F) the aggregate number and dollar value of | 5 | | invoices purchased by the qualified purchaser for | 6 | | which no voucher has been submitted; and | 7 | | (G) any other data the State Comptroller and the | 8 | | Department may reasonably request from time to time; | 9 | | (10) the agreement of each qualified purchaser to use | 10 | | its reasonable best efforts, and for any sub-participant | 11 | | to cause a qualified purchaser to use its reasonable best | 12 | | efforts, to diligently pursue receipt of assigned | 13 | | penalties associated with the assigned receivables, | 14 | | including, without limitation, by promptly notifying the | 15 | | relevant State agency that an assigned penalty is due and, | 16 | | if necessary, seeking payment of assigned penalties | 17 | | through the Illinois Court of Claims; and | 18 | | (11) the agreement of each qualified purchaser and any | 19 | | sub-participant to use their reasonable best efforts to | 20 | | implement the Program terms and to perform their | 21 | | obligations under the Program in a timely fashion. | 22 | | (g) Each qualified purchaser's performance and | 23 | | implementation of its obligations under subsection (f) shall | 24 | | be subject to review by the Department and the State | 25 | | Comptroller at any time to confirm that the qualified | 26 | | purchaser is undertaking those obligations in a manner |
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| 1 | | consistent with the terms and conditions of the Program. A | 2 | | qualified purchaser's failure to so perform its obligations | 3 | | including, without limitation, its obligations to diligently | 4 | | pursue receipt of assigned penalties associated with assigned | 5 | | receivables, shall be grounds for the Department and the State | 6 | | Comptroller to terminate the qualified purchaser's | 7 | | participation in the Program under subsection (i). Any such | 8 | | termination shall be without prejudice to any rights a | 9 | | participating vendor may have against that qualified | 10 | | purchaser, in law or in equity, including, without limitation, | 11 | | the right to enforce the terms of the assignment agreement and | 12 | | of the Program against the qualified purchaser. | 13 | | (h) In determining whether any applicant shall be | 14 | | designated as a qualified purchaser, the Department shall have | 15 | | the right to review or approve sub-participants that intend to | 16 | | purchase assigned receivables, directly or indirectly, by or | 17 | | through the applicant. The Department reserves the right to | 18 | | reject or terminate the designation of any applicant as a | 19 | | qualified purchaser or require an applicant to exclude a | 20 | | proposed sub-participant in order to become or remain a | 21 | | qualified purchaser on the basis of a review, whether prior to | 22 | | or after the designation. Each applicant and each qualified | 23 | | purchaser has an affirmative obligation to promptly notify the | 24 | | Department of any change or proposed change in the identity of | 25 | | the sub-participants that it disclosed to the Department no | 26 | | later than 3 business days after that change. Each |
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| 1 | | sub-participant shall be required to execute a sub-participant | 2 | | certification that will be attached to the corresponding | 3 | | qualified purchaser designation. Sub-participants shall meet, | 4 | | at a minimum, the requirements of paragraphs (2), (3), (10), | 5 | | and (11) of subsection (f). | 6 | | (i) The Program, as codified under this Section, shall | 7 | | continue until terminated or suspended as follows: | 8 | | (1) The Program may be terminated or suspended: (A) by | 9 | | the State Comptroller, after consulting with the | 10 | | Department, by giving 10 days prior written notice to the | 11 | | Department and the qualified purchasers in the Program; or | 12 | | (B) by the Department, after consulting with the State | 13 | | Comptroller, by giving 10 days prior written notice to the | 14 | | State Comptroller and the qualified purchasers in the | 15 | | Program. | 16 | | (2) In the event a qualified purchaser or | 17 | | sub-participant breaches or fails to meet any of the terms | 18 | | or conditions of the Program, that qualified purchaser or | 19 | | sub-participant may be terminated from the Program: (A) by | 20 | | the State Comptroller, after consulting with the | 21 | | Department. The termination shall be effective immediately | 22 | | upon the State Comptroller giving written notice to the | 23 | | Department and the qualified purchaser or sub-participant; | 24 | | or (B) by the Department, after consulting with the State | 25 | | Comptroller. The termination shall be effective | 26 | | immediately upon the Department giving written notice to |
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| 1 | | the State Comptroller and the qualified purchaser or | 2 | | sub-participant. | 3 | | (3) A qualified purchaser or sub-participant may | 4 | | terminate its participation in the Program, solely with | 5 | | respect to its own participation in the Program, in the | 6 | | event of any change to this Act from the form that existed | 7 | | on the date that the qualified purchaser or the | 8 | | sub-participant, as applicable, submitted the necessary | 9 | | documentation for admission into the Program if the change | 10 | | materially and adversely affects the qualified purchaser's | 11 | | or the sub-participant's ability to purchase and receive | 12 | | payment on receivables on the terms described in this | 13 | | Section. | 14 | | If the Program, a qualified purchaser, or a | 15 | | sub-participant is terminated or suspended under paragraph (1) | 16 | | or (2) of this subsection (i), the Program, qualified | 17 | | purchaser, or sub-participant may be reinstated only by | 18 | | written agreement of the State Comptroller and the Department. | 19 | | No termination or suspension under paragraph (1), (2), or (3) | 20 | | of this subsection (i) shall alter or affect the qualified | 21 | | purchaser's or sub-participant's obligations with respect to | 22 | | assigned receivables purchased by or through the qualified | 23 | | purchaser prior to the termination.
| 24 | | (Source: P.A. 100-1089, eff. 8-24-18; 101-81, eff. 7-12-19.) | 25 | | (30 ILCS 540/9) |
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| 1 | | Sec. 9. Vendor Payment Program financial backer | 2 | | disclosure. | 3 | | (a) Within 60 days after August 24, 2018 ( the effective | 4 | | date of Public Act 100-1089) this amendatory Act of the 100th | 5 | | General Assembly , at the time of application, and annually on | 6 | | August July 1 of each year for the previous fiscal year , each | 7 | | qualified purchaser shall submit to the Department and the | 8 | | State Comptroller the following information about each person, | 9 | | director, owner, officer, association, financial backer, | 10 | | partnership, other entity, corporation, or trust with an | 11 | | indirect or direct financial interest in each qualified | 12 | | purchaser: | 13 | | (1) percent ownership; | 14 | | (2) type of ownership; | 15 | | (3) first name, middle name, last name, maiden name | 16 | | (if applicable), including aliases or former names; | 17 | | (4) mailing address; | 18 | | (5) type of business entity, if applicable; | 19 | | (6) dates and jurisdiction of business formation or | 20 | | incorporation, if applicable; | 21 | | (7) names of controlling shareholders, class of stock, | 22 | | percentage ownership; | 23 | | (8) any indirect earnings resulting from the Program; | 24 | | and | 25 | | (9) any earnings associated with the Program to any | 26 | | parties not previously disclosed. |
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| 1 | | (b) Within 60 days after August 24, 2018 ( the effective | 2 | | date of Public Act 100-1089) this amendatory Act of the 100th | 3 | | General Assembly , at the time of application, and annually on | 4 | | August July 1 of each year for the previous fiscal year , each | 5 | | trust associated with the qualified purchaser shall submit to | 6 | | the Department and the State Comptroller the following | 7 | | information: | 8 | | (1) names, addresses, dates of birth, and percentages | 9 | | of interest of all beneficiaries; | 10 | | (2) any indirect earnings resulting from the Program; | 11 | | and | 12 | | (3) any earnings associated with the Program to any | 13 | | parties not previously disclosed. | 14 | | (c) Each qualified purchaser must submit a statement to | 15 | | the State Comptroller and the Department of Central Management | 16 | | Services disclosing whether such qualified purchaser or any | 17 | | related person, director, owner, officer, or financial backer | 18 | | has previously or currently retained or contracted with any | 19 | | registered lobbyist, lawyer, accountant, or other consultant | 20 | | to prepare the disclosure required under this Section.
| 21 | | (Source: P.A. 100-1089, eff. 8-24-18.) | 22 | | Section 40. The Property Tax Code is amended by changing | 23 | | Section 30-31 as follows:
| 24 | | (35 ILCS 200/30-31)
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| 1 | | Sec. 30-31. Fiscal Responsibility Report Card; State | 2 | | Comptroller. The State
Comptroller, within 180 days of the | 3 | | conclusion of the fiscal year of the State,
shall make | 4 | | available on the Comptroller's website submit to the General | 5 | | Assembly and the clerk of each county a Fiscal
Responsibility | 6 | | Report Card in the form prescribed by the State Comptroller
| 7 | | after consultation with other State Constitutional officers | 8 | | selected by the
State Comptroller. The Fiscal Responsibility | 9 | | Report Card shall inform the
General Assembly and the county | 10 | | clerks about the amounts, sources, and uses of
tax revenues | 11 | | received and expended by each taxing district, other than a | 12 | | school
district, that imposes ad valorem taxes.
| 13 | | (Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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