Illinois General Assembly - Full Text of SB0581
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0581  102nd General Assembly

SB0581sam001 102ND GENERAL ASSEMBLY

Sen. John Connor

Filed: 3/19/2021

 

 


 

 


 
10200SB0581sam001LRB102 13774 RJF 23430 a

1
AMENDMENT TO SENATE BILL 581

2    AMENDMENT NO. ______. Amend Senate Bill 581 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Voluntary Payroll Deductions Act of 1983
5is 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
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

 

 

10200SB0581sam001- 2 -LRB102 13774 RJF 23430 a

1organization desiring to be designated as a qualified
2organization 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

 

 

10200SB0581sam001- 3 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 4 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 5 -LRB102 13774 RJF 23430 a

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
14Comptroller between January 1 and March 1 of each year, a
15statement that the organization is in compliance with all of
16the requirements set forth in paragraphs (2) through (10). The
17State Comptroller shall exclude any organization that fails to
18submit the statement from the next solicitation period.
19    In order to be designated as a qualified organization, the
20organization shall have existed at least 2 years prior to
21submitting the written or electronic designation forms
22required in paragraph (1) and shall certify to the State
23Comptroller that such organization has been providing services
24described in paragraph (5) in Illinois. If the organization
25seeking designation represents more than one benefiting
26agency, it need not have existed for 2 years but shall certify

 

 

10200SB0581sam001- 6 -LRB102 13774 RJF 23430 a

1to the State Comptroller that each of its benefiting agencies
2has existed for at least 2 years prior to submitting the
3written or electronic designation forms required in paragraph
4(1) and that each has been providing services described in
5paragraph (5) in Illinois.
6    Organizations which have met the requirements of this Act
7shall be permitted to participate in the State and
8Universities Combined Appeal as of January 1st of the year
9immediately 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
12organization representing more than one benefiting agency they
13shall be based upon the knowledge and belief of such qualified
14organization. Any qualified organization shall immediately
15notify the State Comptroller in writing if the qualified
16organization receives information or otherwise believes that a
17benefiting agency is no longer in compliance with the
18certification of the qualified organization. A qualified
19organization representing more than one benefiting agency
20shall thereafter withhold and refrain from distributing to
21such benefiting agency those funds received pursuant to this
22Act until the benefiting agency is again in compliance with
23the qualified organization's certification. The qualified
24organization shall immediately notify the State Comptroller of
25the benefiting agency's resumed compliance with the
26certification, based upon the qualified organization's

 

 

10200SB0581sam001- 7 -LRB102 13774 RJF 23430 a

1knowledge and belief, and shall pay over to the benefiting
2agency those funds previously withheld.
3    In order to qualify, a qualified organization must receive
4250 deduction pledges from the immediately preceding
5solicitation period as set forth in Section 6. The Comptroller
6shall, by February 1st of each year, so notify any qualified
7organization that failed to receive the minimum deduction
8requirement. The notification shall give such qualified
9organization until March 1st to provide the Comptroller with
10documentation that the minimum deduction requirement has been
11met. On the basis of all the documentation, the Comptroller
12shall, by March 15th of each year, make publicly available
13submit to the Governor or his or her designee, or such other
14agency as may be determined by the Governor, a list of all
15organizations which have met the minimum payroll deduction
16requirement. Only those organizations which have met such
17requirements, as well as the other requirements of this
18Section, shall be permitted to solicit State employees or
19State annuitants for voluntary contributions, and the
20Comptroller shall discontinue withholding for any such
21organization which fails to meet these requirements, except
22qualified organizations that received deduction pledges during
23the 2004 solicitation period are deemed to be qualified for
24the 2005 solicitation period.
25    (c) "United Fund" means the organization conducting the
26single, annual, consolidated effort to secure funds for

 

 

10200SB0581sam001- 8 -LRB102 13774 RJF 23430 a

1distribution to agencies engaged in charitable and public
2health, welfare and services purposes, which is commonly known
3as the United Fund, or the organization which serves in place
4of the United Fund organization in communities where an
5organization known as the United Fund is not organized.
6    In order for a United Fund to participate in the State and
7Universities Employees Combined Appeal, it shall comply with
8the provisions of paragraph (9) of subsection (b).
9    (d) "State and Universities Employees Combined Appeal",
10otherwise known as "SECA", means the State-directed joint
11effort of all of the qualified organizations, together with
12the United Funds, for the solicitation of voluntary
13contributions from State and University employees and State
14annuitants.
15    (e) "Retirement system" means any or all of the following:
16the General Assembly Retirement System, the State Employees'
17Retirement System of Illinois, the State Universities
18Retirement System, the Teachers' Retirement System of the
19State of Illinois, and the Judges Retirement System.
20    (f) "State annuitant" means a person receiving an annuity
21or disability benefit under Article 2, 14, 15, 16, or 18 of the
22Illinois 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

 

 

10200SB0581sam001- 9 -LRB102 13774 RJF 23430 a

1shall promulgate and issue reasonable rules and regulations as
2deemed necessary for the administration of this Act.
3    All However, all solicitations of State employees for
4contributions at their workplace and all solicitations of
5State annuitants for contributions shall be in accordance with
6rules promulgated by the Comptroller Governor or his or her
7designee or other agency as may be designated by the
8Comptroller Governor. All solicitations of State annuitants
9for contributions shall also be in accordance with the rules
10promulgated by the applicable retirement system.
11    The rules promulgated by the Comptroller Governor or his
12or her designee or other agency as designated by the
13Comptroller Governor shall include a Code of Campaign Conduct
14that all qualified organizations and United Funds shall
15subscribe to in writing, sanctions for violations of the Code
16of Campaign Conduct, provision for the handling of cash
17contributions, provision for an Advisory Committee, provisions
18for the allocation of expenses among the participating
19organizations, an organizational plan and structure whereby
20responsibilities are set forth for the appropriate State
21employees or State annuitants and the participating
22organizations, and any other matters that are necessary to
23accomplish the purposes of this Act.
24    The Comptroller Governor or the Comptroller's Governor's
25designee shall promulgate rules to establish the composition
26and the duties of the Advisory Committee. The Comptroller

 

 

10200SB0581sam001- 10 -LRB102 13774 RJF 23430 a

1Governor or the Comptroller's Governor's designee shall make
2appointments to the Advisory Committee. The powers of the
3Advisory Committee shall include, at a minimum, the ability to
4impose the sanctions authorized by rule. Each State agency and
5each retirement system shall file an annual report that sets
6forth, for the prior calendar year, (i) the total amount of
7money contributed to each qualified organization and united
8fund through both payroll deductions and cash contributions,
9(ii) the number of employees or State annuitants who have
10contributed to each qualified organization and united fund,
11and (iii) any other information required by the rules. The
12report shall not include the names of any contributing or
13non-contributing employees or State annuitants. The report
14shall be filed with the Advisory Committee no later than March
1515. The report shall be available for inspection.
16    Other constitutional officers, retirement systems, the
17University of Illinois, Southern Illinois University, Chicago
18State University, Eastern Illinois University, Governors State
19University, Illinois State University, Northeastern Illinois
20University, Northern Illinois University, and Western Illinois
21University shall be governed by the rules promulgated pursuant
22to this Section, unless such entities adopt their own rules
23governing solicitation of contributions at the workplace.
24    All rules promulgated pursuant to this Section shall not
25discriminate against one or more qualified organizations or
26United Funds.

 

 

10200SB0581sam001- 11 -LRB102 13774 RJF 23430 a

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
4participating organization or a United Fund may be denied
5participation in SECA for willful failure to comply with the
6provisions of paragraph (9) of subsection (b) of Section 3 of
7this Act. The agency designated by the Comptroller Governor
8under paragraph (9) of subsection (b) of Section 3 of this Act
9shall adopt rules providing for procedures for review by the
10agency of alleged violations of that paragraph and appropriate
11remedial sanctions for noncompliance. The rules shall include
12an appeal procedure for any affected participating
13organization or United Fund. The agency designated by the
14Comptroller Governor shall notify the Comptroller immediately
15of any final decision to remove a qualified organization or
16United 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
19changing Sections 17 and 19.5 and by adding Section 28 as
20follows:
 
21    (15 ILCS 405/17)  (from Ch. 15, par. 217)
22    Sec. 17. Inventory control records. The comptroller shall
23maintain current inventory records of property held by or on

 

 

10200SB0581sam001- 12 -LRB102 13774 RJF 23430 a

1behalf of the State or any State agency, which may be copies of
2the official inventory control records maintained by State
3agencies or summaries thereof. The Office of the Comptroller
4shall define reporting requirements and thresholds to be used
5by State agencies in the Comptroller's Statewide Accounting
6Management System (SAMS) manual. The Department of Central
7Management Services and each other State agency so holding
8such property shall report to the comptroller, on forms
9prescribed by the comptroller, all property acquired or
10disposed of by that agency, in such detail and at such times as
11the comptroller requires, by rule, to maintain accurate,
12current inventory records. The Department of Central
13Management Services shall transmit to the comptroller a
14certified copy of all reports it may issue concerning State
15property, 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);
19procedures and reporting.
20    (a) On or before October 31, 2012, and on or before each
21October 31 thereafter, State agencies shall report to the
22Comptroller all financial information deemed necessary by the
23Comptroller to compile and publish a comprehensive annual
24financial report using generally accepted accounting
25principles for the fiscal year ending June 30 of that year. The

 

 

10200SB0581sam001- 13 -LRB102 13774 RJF 23430 a

1Comptroller may require certain State agencies to submit the
2required information before October 31 under a schedule
3established by the Comptroller. If a State agency has
4submitted no or insufficient financial information by October
531, the Comptroller shall serve a written notice to each
6respective State agency director or secretary about the
7delinquency 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,
10the lapse period is not extended past August 31 for the given
11fiscal year, and the Office of the Auditor General has
12completed an audit of the comprehensive annual financial
13report, then the Comptroller shall publish a comprehensive
14annual financial report using generally accepted accounting
15principles for the fiscal year ending June 30 of that year by
16December 31. If the information as required by subsection (a)
17is not provided to the Comptroller in time to publish the
18report by December 31, then upon notice from the Comptroller
19of the delay, each respective State agency director or
20secretary shall report his or her State agency's delinquency
21and provide an action plan to bring his or her State agency
22into compliance to the Comptroller, the Auditor General, the
23Office of the Governor, the Speaker and Minority Leader of the
24House of Representatives, and the President and Minority
25Leader of the Senate. Upon receiving that report from a State
26agency director or secretary, the Comptroller shall post that

 

 

10200SB0581sam001- 14 -LRB102 13774 RJF 23430 a

1report with the action plan on his or her official website.
2    (c) If a comprehensive annual financial report using
3generally accepted accounting principles cannot be published
4by December 31 due to insufficient or inadequate reporting to
5the Comptroller, the lapse period is extended past August 31
6for the given fiscal year, or the Office of the Auditor General
7has not completed an audit of the comprehensive annual
8financial report, then the Comptroller may issue interim
9reports containing financial information made available by
10reporting State agencies until an audit opinion is issued by
11the Auditor General on the comprehensive annual financial
12report.
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
16recess of the Senate, there is a vacancy in an office filled by
17appointment by the Comptroller by and with the advice and
18consent of the Senate, the Comptroller shall make a temporary
19appointment until the next meeting of the Senate, when he or
20she shall make a nomination to fill such office. Any
21nomination not acted upon by the Senate within 60 session days
22after the receipt thereof shall be deemed to have received the
23advice and consent of the Senate. No person rejected by the
24Senate for an office shall, except at the Senate's request, be
25nominated again for that office at the same session or be

 

 

10200SB0581sam001- 15 -LRB102 13774 RJF 23430 a

1appointed to that office during a recess of that Senate.
 
2    Section 15. The Personnel Code is amended by changing
3Section 4c as follows:
 
4    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
5    Sec. 4c. General exemptions. The following positions in
6State service shall be exempt from jurisdictions A, B, and C,
7unless the jurisdictions shall be extended as provided in this
8Act:
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

 

 

10200SB0581sam001- 16 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 17 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 18 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 19 -LRB102 13774 RJF 23430 a

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
23Section 25 as follows:
 
24    (30 ILCS 105/25)  (from Ch. 127, par. 161)

 

 

10200SB0581sam001- 20 -LRB102 13774 RJF 23430 a

1    Sec. 25. Fiscal year limitations.
2    (a) All appropriations shall be available for expenditure
3for the fiscal year or for a lesser period if the Act making
4that appropriation so specifies. A deficiency or emergency
5appropriation shall be available for expenditure only through
6June 30 of the year when the Act making that appropriation is
7enacted unless that Act otherwise provides.
8    (b) Outstanding liabilities as of June 30, payable from
9appropriations which have otherwise expired, may be paid out
10of the expiring appropriations during the 2-month period
11ending at the close of business on August 31. Extensions of
12lapse period may be made for individual agencies or funds only
13upon the signed authorization of the Governor and Comptroller,
14and shall not be extended by more than an additional 30 days.
15Any service involving professional or artistic skills or any
16personal services by an employee whose compensation is subject
17to income tax withholding must be performed as of June 30 of
18the fiscal year in order to be considered an "outstanding
19liability as of June 30" that is thereby eligible for payment
20out of the expiring appropriation.
21    (b-1) However, payment of tuition reimbursement claims
22under Section 14-7.03 or 18-3 of the School Code may be made by
23the State Board of Education from its appropriations for those
24respective purposes for any fiscal year, even though the
25claims reimbursed by the payment may be claims attributable to
26a prior fiscal year, and payments may be made at the direction

 

 

10200SB0581sam001- 21 -LRB102 13774 RJF 23430 a

1of the State Superintendent of Education from the fund from
2which the appropriation is made without regard to any fiscal
3year limitations, except as required by subsection (j) of this
4Section. Beginning on June 30, 2021, payment of tuition
5reimbursement claims under Section 14-7.03 or 18-3 of the
6School Code as of June 30, payable from appropriations that
7have otherwise 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-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,
17payable from appropriations that would otherwise expire at the
18conclusion of the lapse period for fiscal year 2020, and
19interest penalties payable on those liabilities under the
20State Prompt Payment Act, may be paid out of the expiring
21appropriations until December 31, 2020, without regard to the
22fiscal year in which the payment is made, as long as vouchers
23for the liabilities are received by the Comptroller no later
24than September 30, 2020.
25    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
262020, and 2021, interest penalties payable under the State

 

 

10200SB0581sam001- 22 -LRB102 13774 RJF 23430 a

1Prompt Payment Act associated with a voucher for which payment
2is issued after June 30 may be paid out of the next fiscal
3year's appropriation. The future year appropriation must be
4for the same purpose and from the same fund as the original
5payment. An interest penalty voucher submitted against a
6future year appropriation must be submitted within 60 days
7after the issuance of the associated voucher, except that, for
8fiscal year 2018 only, an interest penalty voucher submitted
9against a future year appropriation must be submitted within
1060 days of June 5, 2019 (the effective date of Public Act
11101-10). The Comptroller must issue the interest payment
12within 60 days after acceptance of the interest voucher.
13    (b-3) Medical payments may be made by the Department of
14Veterans' Affairs from its appropriations for those purposes
15for any fiscal year, without regard to the fact that the
16medical services being compensated for by such payment may
17have been rendered in a prior fiscal year, except as required
18by subsection (j) of this Section. Beginning on June 30, 2021,
19medical payments payable from appropriations that have
20otherwise 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-4) Medical payments and child care payments may be made
24by the Department of Human Services (as successor to the
25Department of Public Aid) from appropriations for those
26purposes for any fiscal year, without regard to the fact that

 

 

10200SB0581sam001- 23 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 24 -LRB102 13774 RJF 23430 a

1otherwise expired may be paid out of the expiring
2appropriation during the 4-month period ending at the close of
3business on October 31.
4    (b-6) (Blank).
5    (b-7) Payments may be made in accordance with a plan
6authorized by paragraph (11) or (12) of Section 405-105 of the
7Department of Central Management Services Law from
8appropriations for those payments without regard to fiscal
9year limitations.
10    (b-8) Reimbursements to eligible airport sponsors for the
11construction or upgrading of Automated Weather Observation
12Systems may be made by the Department of Transportation from
13appropriations for those purposes for any fiscal year, without
14regard to the fact that the qualification or obligation may
15have occurred in a prior fiscal year, provided that at the time
16the expenditure was made the project had been approved by the
17Department of Transportation prior to June 1, 2012 and, as a
18result of recent changes in federal funding formulas, can no
19longer receive federal reimbursement.
20    (b-9) (Blank).
21    (c) Further, payments may be made by the Department of
22Public Health and the Department of Human Services (acting as
23successor to the Department of Public Health under the
24Department of Human Services Act) from their respective
25appropriations for grants for medical care to or on behalf of
26premature and high-mortality risk infants and their mothers

 

 

10200SB0581sam001- 25 -LRB102 13774 RJF 23430 a

1and for grants for supplemental food supplies provided under
2the United States Department of Agriculture Women, Infants and
3Children Nutrition Program, for any fiscal year without regard
4to the fact that the services being compensated for by such
5payment may have been rendered in a prior fiscal year, except
6as required by subsection (j) of this Section. Beginning on
7June 30, 2021, payments made by the Department of Public
8Health and the Department of Human Services from their
9respective appropriations for grants for medical care to or on
10behalf of premature and high-mortality risk infants and their
11mothers and for grants for supplemental food supplies provided
12under the United States Department of Agriculture Women,
13Infants and Children Nutrition Program payable from
14appropriations that have otherwise expired may be paid out of
15the expiring appropriations during the 4-month period ending
16at the close of business on October 31.
17    (d) The Department of Public Health and the Department of
18Human Services (acting as successor to the Department of
19Public Health under the Department of Human Services Act)
20shall each annually submit to the State Comptroller, Senate
21President, Senate Minority Leader, Speaker of the House, House
22Minority Leader, and the respective Chairmen and Minority
23Spokesmen of the Appropriations Committees of the Senate and
24the House, on or before December 31, a report of fiscal year
25funds used to pay for services provided in any prior fiscal
26year. This report shall document by program or service

 

 

10200SB0581sam001- 26 -LRB102 13774 RJF 23430 a

1category those expenditures from the most recently completed
2fiscal year used to pay for services provided in prior fiscal
3years.
4    (e) The Department of Healthcare and Family Services, the
5Department of Human Services (acting as successor to the
6Department of Public Aid), and the Department of Human
7Services making fee-for-service payments relating to substance
8abuse treatment services provided during a previous fiscal
9year shall each annually submit to the State Comptroller,
10Senate President, Senate Minority Leader, Speaker of the
11House, House Minority Leader, the respective Chairmen and
12Minority Spokesmen of the Appropriations Committees of the
13Senate and the House, on or before November 30, a report that
14shall document by program or service category those
15expenditures from the most recently completed fiscal year used
16to pay for (i) services provided in prior fiscal years and (ii)
17services for which claims were received in prior fiscal years.
18    (f) The Department of Human Services (as successor to the
19Department of Public Aid) shall annually submit to the State
20Comptroller, Senate President, Senate Minority Leader, Speaker
21of the House, House Minority Leader, and the respective
22Chairmen and Minority Spokesmen of the Appropriations
23Committees of the Senate and the House, on or before December
2431, a report of fiscal year funds used to pay for services
25(other than medical care) provided in any prior fiscal year.
26This report shall document by program or service category

 

 

10200SB0581sam001- 27 -LRB102 13774 RJF 23430 a

1those expenditures from the most recently completed fiscal
2year used to pay for services provided in prior fiscal years.
3    (g) In addition, each annual report required to be
4submitted by the Department of Healthcare and Family Services
5under subsection (e) shall include the following information
6with 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
18Compensation Act, any utility bill for service provided to a
19General Assembly member's district office for a period
20including portions of 2 consecutive fiscal years may be paid
21from funds appropriated for such expenditure in either fiscal
22year.
23    (i) An agency which administers a fund classified by the
24Comptroller 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

 

 

10200SB0581sam001- 28 -LRB102 13774 RJF 23430 a

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.
13User agencies are authorized to reimburse internal service
14funds for catch-up billings by vouchers drawn against their
15respective appropriations for the fiscal year in which the
16catch-up billing was issued or by increasing an authorized
17inter-fund transfer during the current fiscal year. For the
18purposes of this Act, "inter-fund transfers" means transfers
19without the use of the voucher-warrant process, as authorized
20by Section 9.01 of the State Comptroller Act.
21    (i-1) Beginning on July 1, 2021, all outstanding
22liabilities, not payable during the 4-month lapse period as
23described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
24of this Section, that are made from appropriations for that
25purpose for any fiscal year, without regard to the fact that
26the services being compensated for by those payments may have

 

 

10200SB0581sam001- 29 -LRB102 13774 RJF 23430 a

1been rendered in a prior fiscal year, are limited to only those
2claims that have been incurred but for which a proper bill or
3invoice as defined by the State Prompt Payment Act has not been
4received by September 30th following the end of the fiscal
5year in which the service was rendered.
6    (j) Notwithstanding any other provision of this Act, the
7aggregate amount of payments to be made without regard for
8fiscal year limitations as contained in subsections (b-1),
9(b-3), (b-4), (b-5), and (c) of this Section, and determined
10by using Generally Accepted Accounting Principles, shall not
11exceed 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

 

 

10200SB0581sam001- 30 -LRB102 13774 RJF 23430 a

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
7Assistance 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,

 

 

10200SB0581sam001- 31 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 32 -LRB102 13774 RJF 23430 a

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
20shall be effective for payment of Medical Assistance bills
21incurred in fiscal year 2013 and future fiscal years. The
22changes to this Section made by Public Act 97-691 shall not be
23applied to Medical Assistance bills incurred in fiscal year
242012 or prior fiscal years.
25    (m) The Comptroller must issue payments against
26outstanding liabilities that were received prior to the lapse

 

 

10200SB0581sam001- 33 -LRB102 13774 RJF 23430 a

1period deadlines set forth in this Section as soon thereafter
2as practical, but no payment may be issued after the 4 months
3following the lapse period deadline without the signed
4authorization of the Comptroller and the Governor.
5(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
6101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff.
76-10-20.)
 
8    (30 ILCS 105/11.5 rep.)
9    Section 25. The State Finance Act is amended by repealing
10Section 11.5.
 
11    Section 30. The Illinois Procurement Code is amended by
12changing Section 20-80 as follows:
 
13    (30 ILCS 500/20-80)
14    Sec. 20-80. Contract files.
15    (a) Written determinations. All written determinations
16required under this Article shall be placed in the contract
17file maintained by the chief procurement officer.
18    (b) Filing with Comptroller. Whenever a grant, defined
19pursuant to accounting standards established by the
20Comptroller, or a contract liability, except for: (1)
21contracts paid from personal services, or (2) contracts
22between the State and its employees to defer compensation in
23accordance with Article 24 of the Illinois Pension Code, or

 

 

10200SB0581sam001- 34 -LRB102 13774 RJF 23430 a

1(3) contracts that do not obligate funds held within the State
2treasury for fiscal year 2022 and thereafter, exceeding
3$20,000 is incurred by any State agency, a copy of the
4contract, purchase order, grant, or lease shall be filed with
5the Comptroller within 30 calendar days thereafter. Beginning
6in fiscal year 2022, information pertaining to contracts
7exceeding $20,000 that do not obligate funds held within the
8State treasury shall be submitted in a quarterly report to the
9Comptroller in a form and manner prescribed by the
10Comptroller. The Comptroller shall make the quarterly report
11available on his or her website. Beginning January 1, 2013,
12the Comptroller may require that contracts and grants required
13to be filed with the Comptroller under this Section shall be
14filed electronically, unless the agency is incapable of filing
15the contract or grant electronically because it does not
16possess the necessary technology or equipment. Any State
17agency that is incapable of electronically filing its
18contracts or grants shall submit a written statement to the
19Governor and to the Comptroller attesting to the reasons for
20its inability to comply. This statement shall include a
21discussion of what the State agency needs in order to
22effectively comply with this Section. Prior to requiring
23electronic filing, the Comptroller shall consult with the
24Governor as to the feasibility of establishing mutually
25agreeable technical standards for the electronic document
26imaging, storage, and transfer of contracts and grants, taking

 

 

10200SB0581sam001- 35 -LRB102 13774 RJF 23430 a

1into consideration the technology available to that agency,
2best practices, and the technological capabilities of State
3agencies. Nothing in this amendatory Act of the 97th General
4Assembly shall be construed to impede the implementation of an
5Enterprise Resource Planning (ERP) system. For each State
6contract for supplies or services awarded on or after July 1,
72010, the contracting agency shall provide the applicable rate
8and unit of measurement of the supplies or services on the
9contract obligation document as required by the Comptroller.
10If the contract obligation document that is submitted to the
11Comptroller contains the rate and unit of measurement of the
12supplies or services, the Comptroller shall provide that
13information on his or her official website. Any cancellation
14or modification to any such contract liability shall be filed
15with the Comptroller within 30 calendar days of its execution.
16    (c) Late filing affidavit. When a contract, purchase
17order, grant, or lease required to be filed by this Section has
18not been filed within 30 calendar days of execution, the
19Comptroller shall refuse to issue a warrant for payment
20thereunder until the agency files with the Comptroller the
21contract, purchase order, grant, or lease and an affidavit,
22signed by the chief executive officer of the agency or his or
23her designee, setting forth an explanation of why the contract
24liability was not filed within 30 calendar days of execution.
25A copy of this affidavit shall be filed with the Auditor
26General.

 

 

10200SB0581sam001- 36 -LRB102 13774 RJF 23430 a

1    (d) Timely execution of contracts. Except as set forth in
2subsection (b) of this Section, no voucher shall be submitted
3to the Comptroller for a warrant to be drawn for the payment of
4money from the State treasury or from other funds held by the
5State Treasurer on account of any contract unless the contract
6is reduced to writing before the services are performed and
7filed with the Comptroller. Contractors shall not be paid for
8any supplies that were received or services that were rendered
9before the contract was reduced to writing and signed by all
10necessary parties. A chief procurement officer may request an
11exception to this subsection by submitting a written statement
12to the Comptroller and Treasurer setting forth the
13circumstances and reasons why the contract could not be
14reduced to writing before the supplies were received or
15services were performed. A waiver of this subsection must be
16approved by the Comptroller and Treasurer. This Section shall
17not apply to emergency purchases if notice of the emergency
18purchase is filed with the Procurement Policy Board and
19published in the Bulletin as required by this Code.
20    (e) Method of source selection. When a contract is filed
21with the Comptroller under this Section, the Comptroller's
22file shall identify the method of source selection used in
23obtaining the contract.
24(Source: P.A. 100-43, eff. 8-9-17.)
 
25    Section 35. The State Prompt Payment Act is amended by

 

 

10200SB0581sam001- 37 -LRB102 13774 RJF 23430 a

1changing 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.

 

 

10200SB0581sam001- 38 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 39 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 40 -LRB102 13774 RJF 23430 a

1    condition to its participation in the Program as a
2    sub-participant.
3    (b) This Section reflects the provisions of Section
4900.125 of Title 74 of the Illinois Administrative Code prior
5to January 1, 2018. The requirements of this Section establish
6the criteria for participation by participating vendors and
7qualified purchasers in a Vendor Payment Program. Information
8regarding the Vendor Payment Program may be found at the
9Internet website for the Department of Central Management
10Services.
11    (c) The State Comptroller and the Department of Central
12Management Services is are authorized to establish and
13implement the Program under Section 3-3. This Section applies
14to all qualified accounts receivable not otherwise excluded
15from receiving prompt payment interest under Section 900.120
16of Title 74 of the Illinois Administrative Code. This Section
17shall not apply to the purchase of any accounts receivable
18related to payments made under a medical assistance program,
19including Medicaid payments, or any other purchase of accounts
20receivable that is otherwise prohibited by law.
21    (d) Under the Program, qualified purchasers may purchase
22from participating vendors certain qualified accounts
23receivable owed by the State to the participating vendors. A
24participating vendor shall not simultaneously apply to sell
25the same qualified account receivable to more than one
26qualified purchaser. In consideration of the payment of the

 

 

10200SB0581sam001- 41 -LRB102 13774 RJF 23430 a

1purchase price, a participating vendor shall assign to the
2qualified purchaser all of its rights to payment of the
3qualified account receivable, including all current and future
4prompt payment penalties due to that qualified account
5receivable 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
18each applicant seeking a qualified purchaser designation.
19Factors to be considered by the Department in determining
20whether an applicant shall be designated as a qualified
21purchaser 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;

 

 

10200SB0581sam001- 42 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 43 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 44 -LRB102 13774 RJF 23430 a

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

 

 

10200SB0581sam001- 45 -LRB102 13774 RJF 23430 a

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
23implementation of its obligations under subsection (f) shall
24be subject to review by the Department and the State
25Comptroller at any time to confirm that the qualified
26purchaser is undertaking those obligations in a manner

 

 

10200SB0581sam001- 46 -LRB102 13774 RJF 23430 a

1consistent with the terms and conditions of the Program. A
2qualified purchaser's failure to so perform its obligations
3including, without limitation, its obligations to diligently
4pursue receipt of assigned penalties associated with assigned
5receivables, shall be grounds for the Department and the State
6Comptroller to terminate the qualified purchaser's
7participation in the Program under subsection (i). Any such
8termination shall be without prejudice to any rights a
9participating vendor may have against that qualified
10purchaser, in law or in equity, including, without limitation,
11the right to enforce the terms of the assignment agreement and
12of the Program against the qualified purchaser.
13    (h) In determining whether any applicant shall be
14designated as a qualified purchaser, the Department shall have
15the right to review or approve sub-participants that intend to
16purchase assigned receivables, directly or indirectly, by or
17through the applicant. The Department reserves the right to
18reject or terminate the designation of any applicant as a
19qualified purchaser or require an applicant to exclude a
20proposed sub-participant in order to become or remain a
21qualified purchaser on the basis of a review, whether prior to
22or after the designation. Each applicant and each qualified
23purchaser has an affirmative obligation to promptly notify the
24Department of any change or proposed change in the identity of
25the sub-participants that it disclosed to the Department no
26later than 3 business days after that change. Each

 

 

10200SB0581sam001- 47 -LRB102 13774 RJF 23430 a

1sub-participant shall be required to execute a sub-participant
2certification that will be attached to the corresponding
3qualified purchaser designation. Sub-participants shall meet,
4at a minimum, the requirements of paragraphs (2), (3), (10),
5and (11) of subsection (f).
6    (i) The Program, as codified under this Section, shall
7continue 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

 

 

10200SB0581sam001- 48 -LRB102 13774 RJF 23430 a

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
15sub-participant is terminated or suspended under paragraph (1)
16or (2) of this subsection (i), the Program, qualified
17purchaser, or sub-participant may be reinstated only by
18written agreement of the State Comptroller and the Department.
19No termination or suspension under paragraph (1), (2), or (3)
20of this subsection (i) shall alter or affect the qualified
21purchaser's or sub-participant's obligations with respect to
22assigned receivables purchased by or through the qualified
23purchaser 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)

 

 

10200SB0581sam001- 49 -LRB102 13774 RJF 23430 a

1    Sec. 9. Vendor Payment Program financial backer
2disclosure.
3    (a) Within 60 days after August 24, 2018 (the effective
4date of Public Act 100-1089) this amendatory Act of the 100th
5General Assembly, at the time of application, and annually on
6August July 1 of each year for the previous fiscal year, each
7qualified purchaser shall submit to the Department and the
8State Comptroller the following information about each person,
9director, owner, officer, association, financial backer,
10partnership, other entity, corporation, or trust with an
11indirect or direct financial interest in each qualified
12purchaser:
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.

 

 

10200SB0581sam001- 50 -LRB102 13774 RJF 23430 a

1    (b) Within 60 days after August 24, 2018 (the effective
2date of Public Act 100-1089) this amendatory Act of the 100th
3General Assembly, at the time of application, and annually on
4August July 1 of each year for the previous fiscal year, each
5trust associated with the qualified purchaser shall submit to
6the Department and the State Comptroller the following
7information:
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
15the State Comptroller and the Department of Central Management
16Services disclosing whether such qualified purchaser or any
17related person, director, owner, officer, or financial backer
18has previously or currently retained or contracted with any
19registered lobbyist, lawyer, accountant, or other consultant
20to 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
23Section 30-31 as follows:
 
24    (35 ILCS 200/30-31)

 

 

10200SB0581sam001- 51 -LRB102 13774 RJF 23430 a

1    Sec. 30-31. Fiscal Responsibility Report Card; State
2Comptroller. The State Comptroller, within 180 days of the
3conclusion of the fiscal year of the State, shall make
4available on the Comptroller's website submit to the General
5Assembly and the clerk of each county a Fiscal Responsibility
6Report Card in the form prescribed by the State Comptroller
7after consultation with other State Constitutional officers
8selected by the State Comptroller. The Fiscal Responsibility
9Report Card shall inform the General Assembly and the county
10clerks about the amounts, sources, and uses of tax revenues
11received and expended by each taxing district, other than a
12school 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
15becoming law.".