Full Text of HB5064 103rd General Assembly
HB5064ham001 103RD GENERAL ASSEMBLY | Rep. Dagmara Avelar Filed: 4/1/2024 | | 10300HB5064ham001 | | LRB103 37557 HLH 71567 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5064
| 2 | | AMENDMENT NO. ______. Amend House Bill 5064 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. This Act may be referred to as the Community | 5 | | Partner Fair Contracting Act. | 6 | | Section 5. The State Comptroller Act is amended by | 7 | | changing Sections 9 and 9.03 as follows: | 8 | | (15 ILCS 405/9) (from Ch. 15, par. 209) | 9 | | Sec. 9. Warrants; vouchers; preaudit. | 10 | | (a) No payment may be made from public funds held by the | 11 | | State Treasurer in or outside of the State treasury, except by | 12 | | warrant drawn by the Comptroller and presented by him to the | 13 | | treasurer to be countersigned except for payments made | 14 | | pursuant to Section 9.03 or 9.05 of this Act. | 15 | | (b) No warrant for the payment of money by the State |
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| 1 | | Treasurer may be drawn by the Comptroller without the | 2 | | presentation of itemized vouchers indicating that the | 3 | | obligation or expenditure is pursuant to law and authorized, | 4 | | and authorizing the Comptroller to order payment. | 5 | | (b-1) An itemized voucher for under $5 that is presented | 6 | | to the Comptroller for payment may be paid through electronic | 7 | | funds transfer unless the recipient is unable to receive an | 8 | | electronic funds transfer or requests another form of payment . | 9 | | This subsection (b-1) does not apply to (i) vouchers presented | 10 | | by the legislative branch of State government, (ii) vouchers | 11 | | presented by the State Treasurer's Office for the payment of | 12 | | unclaimed property claims authorized under the Revised Uniform | 13 | | Unclaimed Property Act, or (iii) vouchers presented by the | 14 | | Department of Revenue for the payment of refunds of taxes | 15 | | administered by the Department. | 16 | | (c) The Comptroller shall examine each voucher required by | 17 | | law to be filed with him and determine whether unencumbered | 18 | | appropriations or unencumbered obligational or expenditure | 19 | | authority other than by appropriation are legally available to | 20 | | incur the obligation or to make the expenditure of public | 21 | | funds. If he determines that unencumbered appropriations or | 22 | | other obligational or expenditure authority are not available | 23 | | from which to incur the obligation or make the expenditure, | 24 | | the Comptroller shall refuse to draw a warrant. | 25 | | (d) The Comptroller shall examine each voucher and all | 26 | | other documentation required to accompany the voucher, and |
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| 1 | | shall ascertain whether the voucher and documentation meet all | 2 | | requirements established by or pursuant to law. If the | 3 | | Comptroller determines that the voucher and documentation do | 4 | | not meet applicable requirements established by or pursuant to | 5 | | law, he shall refuse to draw a warrant. As used in this | 6 | | Section, "requirements established by or pursuant to law" | 7 | | includes statutory enactments and requirements established by | 8 | | rules and regulations adopted pursuant to this Act. | 9 | | (e) Prior to drawing a warrant, the Comptroller may review | 10 | | the voucher, any documentation accompanying the voucher, and | 11 | | any other documentation related to the transaction on file | 12 | | with him, and determine if the transaction is in accordance | 13 | | with the law. If based on his review the Comptroller has reason | 14 | | to believe that such transaction is not in accordance with the | 15 | | law, he shall refuse to draw a warrant. | 16 | | (f) Where the Comptroller refuses to draw a warrant | 17 | | pursuant to this Section, he shall maintain separate records | 18 | | of such transactions. | 19 | | (g) State agencies shall have the principal responsibility | 20 | | for the preaudit of their encumbrances, expenditures, and | 21 | | other transactions as otherwise required by law. | 22 | | (Source: P.A. 103-266, eff. 1-1-24 .) | 23 | | (15 ILCS 405/9.03) (from Ch. 15, par. 209.03) | 24 | | Sec. 9.03. Direct deposit of State payments. | 25 | | (a) The Comptroller, with the approval of the State |
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| 1 | | Treasurer, shall may provide by rule or regulation for the | 2 | | direct deposit of any payment lawfully payable from the State | 3 | | Treasury and in accordance with federal banking regulations | 4 | | including but not limited to payments to (i) persons paid from | 5 | | personal services, (ii) persons receiving benefit payments | 6 | | from the Comptroller under the State pension systems, (iii) | 7 | | individuals who receive assistance under Articles III, IV, and | 8 | | VI of the Illinois Public Aid Code, (iv) providers of services | 9 | | under the Mental Health and Developmental Disabilities | 10 | | Administrative Act, (v) providers of community-based mental | 11 | | health services, and (vi) providers of services under programs | 12 | | administered by the State Board of Education, in the accounts | 13 | | of those persons or entities maintained at a bank, savings and | 14 | | loan association, or credit union, where authorized by the | 15 | | payee . The Comptroller also may deposit public aid payments | 16 | | for individuals who receive assistance under Articles III, IV, | 17 | | VI, and X of the Illinois Public Aid Code directly into an | 18 | | electronic benefits transfer account in a financial | 19 | | institution approved by the State Treasurer as prescribed by | 20 | | the Illinois Department of Human Services and in accordance | 21 | | with the rules and regulations of that Department and the | 22 | | rules and regulations adopted by the Comptroller and the State | 23 | | Treasurer. The Comptroller, with the approval of the State | 24 | | Treasurer, shall may provide by rule for the electronic direct | 25 | | deposit of payments to public agencies and any other payee of | 26 | | the State. The electronic direct deposits may be made to the |
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| 1 | | designated account in those financial institutions specified | 2 | | in this Section for the direct deposit of payments. Within 6 | 3 | | months after the effective date of this amendatory Act of | 4 | | 1994, the Comptroller shall establish a pilot program for the | 5 | | electronic direct deposit of payments to local school | 6 | | districts, municipalities, and units of local government. The | 7 | | payments may be made without the use of the voucher-warrant | 8 | | system, provided that documentation of approval by the | 9 | | Treasurer of each group of payments made by direct deposit | 10 | | shall be retained by the Comptroller. The form and method of | 11 | | the Treasurer's approval shall be established by the rules or | 12 | | regulations adopted by the Comptroller under this Section. | 13 | | (b) Except as provided in subsection (b-5), all State | 14 | | payments for an employee's payroll or an employee's expense | 15 | | reimbursement must be made through direct deposit. It is the | 16 | | responsibility of the paying State agency to ensure compliance | 17 | | with this mandate. If a State agency pays an employee's | 18 | | payroll or an employee's expense reimbursement without using | 19 | | direct deposit, the Comptroller may charge that employee a | 20 | | processing fee of $2.50 per paper warrant. The processing fee | 21 | | may be withheld from the employee's payment or reimbursement. | 22 | | The amount collected from the fee shall be deposited into the | 23 | | Comptroller's Administrative Fund. | 24 | | (b-5) If an employee wants his or her payments deposited | 25 | | into a secure check account, the employee must submit a direct | 26 | | deposit form to the paying State agency for his or her payroll |
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| 1 | | or to the Comptroller for his or her expense reimbursements. | 2 | | Upon acceptance of the direct deposit form, the Comptroller | 3 | | shall disburse those funds to the secure check account. For | 4 | | the purposes of this Section, "secure check account" means an | 5 | | account established with a financial institution for the | 6 | | employee that allows the dispensing of the funds in the | 7 | | account through a third party who dispenses to the employee a | 8 | | paper check. | 9 | | (c) All State payments to a vendor that exceed the | 10 | | allowable limit of paper warrants in a fiscal year, by the same | 11 | | agency, must be made through direct deposit. It is the | 12 | | responsibility of the paying State agency to ensure compliance | 13 | | with this mandate. If a State agency pays a vendor more times | 14 | | than the allowable limit in a single fiscal year without using | 15 | | direct deposit, the Comptroller may charge the vendor a | 16 | | processing fee of $2.50 per paper warrant. The processing fee | 17 | | may be withheld from the vendor's payment. The amount | 18 | | collected from the processing fee shall be deposited into the | 19 | | Comptroller's Administrative Fund. The Office of the | 20 | | Comptroller shall define "allowable limit" in the | 21 | | Comptroller's Statewide Accounting Management System (SAMS) | 22 | | manual, except that the allowable limit shall not be less than | 23 | | 30 paper warrants. The Office of the Comptroller shall also | 24 | | provide reasonable notice to all State agencies of the | 25 | | allowable limit of paper warrants. | 26 | | (c-1) All State payments to an entity from a payroll or |
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| 1 | | retirement voluntary deduction must be made through direct | 2 | | deposit. If an entity receives a payment from a payroll or | 3 | | retirement voluntary deduction without using direct deposit, | 4 | | the Comptroller may charge the entity a processing fee of | 5 | | $2.50 per paper warrant. The processing fee may be withheld | 6 | | from the entity's payment or billed to the entity at a later | 7 | | date. The amount collected from the processing fee shall be | 8 | | deposited into the Comptroller's Administrative Fund. The | 9 | | Comptroller shall provide reasonable notice to all entities | 10 | | impacted by this requirement. Any new entities that receive a | 11 | | payroll or retirement voluntary deduction must sign up for | 12 | | direct deposit during the application process. | 13 | | (c-2) The detail information, such as names, identifiers, | 14 | | and amounts, associated with a State payment to an entity from | 15 | | a payroll or retirement voluntary deduction must be retrieved | 16 | | by the entity from the Comptroller's designated Internet | 17 | | website or an electronic alternative approved by the | 18 | | Comptroller. If the entity requires the Comptroller to mail | 19 | | the detail information, the Comptroller may charge the entity | 20 | | a processing fee up to $25.00 per mailing. Any processing fee | 21 | | will be billed to the entity at a later date. The amount | 22 | | collected from the processing fee shall be deposited into the | 23 | | Comptroller's Administrative Fund. The Comptroller shall | 24 | | provide reasonable notice to all entities impacted by this | 25 | | requirement. | 26 | | (d) State employees covered by provisions in collective |
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| 1 | | bargaining agreements that do not require direct deposit of | 2 | | paychecks are exempt from this mandate. No later than 60 days | 3 | | after the effective date of this amendatory Act of the 97th | 4 | | General Assembly, all State agencies must provide to the | 5 | | Office of the Comptroller a list of employees that are exempt | 6 | | under this subsection (d) from the direct deposit mandate. In | 7 | | addition, a State employee or vendor may file a hardship | 8 | | petition with the Office of the Comptroller requesting an | 9 | | exemption from the direct deposit mandate under this Section. | 10 | | A hardship petition shall be made available for download on | 11 | | the Comptroller's official Internet website. | 12 | | (e) Notwithstanding any provision of law to the contrary, | 13 | | the direct deposit of State payments under this Section for an | 14 | | employee's payroll, an employee's expense reimbursement, or a | 15 | | State vendor's payment does not authorize the State to | 16 | | automatically withdraw funds from those accounts. | 17 | | (f) For the purposes of this Section, "vendor" means a | 18 | | non-governmental entity with a taxpayer identification number | 19 | | issued by the Social Security Administration or Internal | 20 | | Revenue Service that receives payments through the | 21 | | Comptroller's commercial system. The term does not include | 22 | | State agencies. | 23 | | (g) The requirements of this Section do not apply to the | 24 | | legislative or judicial branches of State government. | 25 | | (Source: P.A. 97-348, eff. 8-12-11; 97-993, eff. 9-16-12; | 26 | | 98-463, eff. 8-16-13; 98-1043, eff. 8-25-14.) |
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| 1 | | Section 10. The State Finance Act is amended by changing | 2 | | Section 25 as follows: | 3 | | (30 ILCS 105/25) (from Ch. 127, par. 161) | 4 | | Sec. 25. Fiscal year limitations. | 5 | | (a) All appropriations shall be available for expenditure | 6 | | for the fiscal year or for a lesser period if the Act making | 7 | | that appropriation so specifies. A deficiency or emergency | 8 | | appropriation shall be available for expenditure only through | 9 | | June 30 of the year when the Act making that appropriation is | 10 | | enacted unless that Act otherwise provides. | 11 | | (b) Outstanding liabilities as of June 30, payable from | 12 | | appropriations which have otherwise expired, may be paid out | 13 | | of the expiring appropriations during the 3-month 2-month | 14 | | period ending at the close of business on September 30 August | 15 | | 31 . Any service involving professional or artistic skills or | 16 | | any personal services by an employee whose compensation is | 17 | | subject to income tax withholding must be performed as of June | 18 | | 30 of 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 |
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| 1 | | claims reimbursed by the payment may be claims attributable to | 2 | | a prior fiscal year, and payments may be made at the direction | 3 | | of the State Superintendent of Education from the fund from | 4 | | which the appropriation is made without regard to any fiscal | 5 | | year limitations, except as required by subsection (j) of this | 6 | | Section. Beginning on June 30, 2021, payment of tuition | 7 | | reimbursement claims under Section 14-7.03 or 18-3 of the | 8 | | School Code as of June 30, payable from appropriations that | 9 | | have otherwise expired, may be paid out of the expiring | 10 | | appropriation during the 4-month period ending at the close of | 11 | | business on October 31. | 12 | | (b-2) (Blank). | 13 | | (b-2.5) (Blank). | 14 | | (b-2.6) (Blank). | 15 | | (b-2.6a) (Blank). | 16 | | (b-2.6b) (Blank). | 17 | | (b-2.6c) (Blank). | 18 | | (b-2.6d) All outstanding liabilities as of June 30, 2020, | 19 | | payable from appropriations that would otherwise expire at the | 20 | | conclusion of the lapse period for fiscal year 2020, and | 21 | | interest penalties payable on those liabilities under the | 22 | | State Prompt Payment Act, may be paid out of the expiring | 23 | | appropriations until December 31, 2020, without regard to the | 24 | | fiscal year in which the payment is made, as long as vouchers | 25 | | for the liabilities are received by the Comptroller no later | 26 | | than September 30, 2020. |
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| 1 | | (b-2.6e) All outstanding liabilities as of June 30, 2021, | 2 | | payable from appropriations that would otherwise expire at the | 3 | | conclusion of the lapse period for fiscal year 2021, and | 4 | | interest penalties payable on those liabilities under the | 5 | | State Prompt Payment Act, may be paid out of the expiring | 6 | | appropriations until September 30, 2021, without regard to the | 7 | | fiscal year in which the payment is made. | 8 | | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each | 9 | | fiscal year thereafter, interest penalties payable under the | 10 | | State Prompt Payment Act associated with a voucher for which | 11 | | payment is issued after June 30 may be paid out of the next | 12 | | fiscal year's appropriation. The future year appropriation | 13 | | must be for the same purpose and from the same fund as the | 14 | | original payment. An interest penalty voucher submitted | 15 | | against a future year appropriation must be submitted within | 16 | | 60 days after the issuance of the associated voucher, except | 17 | | that, for fiscal year 2018 only, an interest penalty voucher | 18 | | submitted against a future year appropriation must be | 19 | | submitted within 60 days of June 5, 2019 (the effective date of | 20 | | Public Act 101-10). The Comptroller must issue the interest | 21 | | payment within 60 days after acceptance of the interest | 22 | | voucher. | 23 | | (b-3) Medical payments may be made by the Department of | 24 | | Veterans' Affairs from its appropriations for those purposes | 25 | | for any fiscal year, without regard to the fact that the | 26 | | medical services being compensated for by such payment may |
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| 1 | | have been rendered in a prior fiscal year, except as required | 2 | | by subsection (j) of this Section. Beginning on June 30, 2021, | 3 | | medical payments payable from appropriations that have | 4 | | otherwise expired may be paid out of the expiring | 5 | | appropriation during the 4-month period ending at the close of | 6 | | business on October 31. | 7 | | (b-4) Medical payments and child care payments may be made | 8 | | by the Department of Human Services (as successor to the | 9 | | Department of Public Aid) from appropriations for those | 10 | | purposes for any fiscal year, without regard to the fact that | 11 | | the medical or child care services being compensated for by | 12 | | such payment may have been rendered in a prior fiscal year; and | 13 | | payments may be made at the direction of the Department of | 14 | | Healthcare and Family Services (or successor agency) from the | 15 | | Health Insurance Reserve Fund without regard to any fiscal | 16 | | year limitations, except as required by subsection (j) of this | 17 | | Section. Beginning on June 30, 2021, medical and child care | 18 | | payments made by the Department of Human Services and payments | 19 | | made at the discretion of the Department of Healthcare and | 20 | | Family Services (or successor agency) from the Health | 21 | | Insurance Reserve Fund and payable from appropriations that | 22 | | have otherwise expired may be paid out of the expiring | 23 | | appropriation during the 4-month period ending at the close of | 24 | | business on October 31. | 25 | | (b-5) Medical payments may be made by the Department of | 26 | | Human Services from its appropriations relating to substance |
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| 1 | | abuse treatment services for any fiscal year, without regard | 2 | | to the fact that the medical services being compensated for by | 3 | | such payment may have been rendered in a prior fiscal year, | 4 | | provided the payments are made on a fee-for-service basis | 5 | | consistent with requirements established for Medicaid | 6 | | reimbursement by the Department of Healthcare and Family | 7 | | Services, except as required by subsection (j) of this | 8 | | Section. Beginning on June 30, 2021, medical payments made by | 9 | | the Department of Human Services relating to substance abuse | 10 | | treatment services payable from appropriations that have | 11 | | otherwise expired may be paid out of the expiring | 12 | | appropriation during the 4-month period ending at the close of | 13 | | business on October 31. | 14 | | (b-6) (Blank). | 15 | | (b-7) Payments may be made in accordance with a plan | 16 | | authorized by paragraph (11) or (12) of Section 405-105 of the | 17 | | Department of Central Management Services Law from | 18 | | appropriations for those payments without regard to fiscal | 19 | | year limitations. | 20 | | (b-8) Reimbursements to eligible airport sponsors for the | 21 | | construction or upgrading of Automated Weather Observation | 22 | | Systems may be made by the Department of Transportation from | 23 | | appropriations for those purposes for any fiscal year, without | 24 | | regard to the fact that the qualification or obligation may | 25 | | have occurred in a prior fiscal year, provided that at the time | 26 | | the expenditure was made the project had been approved by the |
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| 1 | | Department of Transportation prior to June 1, 2012 and, as a | 2 | | result of recent changes in federal funding formulas, can no | 3 | | longer receive federal reimbursement. | 4 | | (b-9) (Blank). | 5 | | (c) Further, payments may be made by the Department of | 6 | | Public Health and the Department of Human Services (acting as | 7 | | successor to the Department of Public Health under the | 8 | | Department of Human Services Act) from their respective | 9 | | appropriations for grants for medical care to or on behalf of | 10 | | premature and high-mortality risk infants and their mothers | 11 | | and for grants for supplemental food supplies provided under | 12 | | the United States Department of Agriculture Women, Infants and | 13 | | Children Nutrition Program, for any fiscal year without regard | 14 | | to the fact that the services being compensated for by such | 15 | | payment may have been rendered in a prior fiscal year, except | 16 | | as required by subsection (j) of this Section. Beginning on | 17 | | June 30, 2021, payments made by the Department of Public | 18 | | Health and the Department of Human Services from their | 19 | | respective appropriations for grants for medical care to or on | 20 | | behalf of premature and high-mortality risk infants and their | 21 | | mothers and for grants for supplemental food supplies provided | 22 | | under the United States Department of Agriculture Women, | 23 | | Infants and Children Nutrition Program payable from | 24 | | appropriations that have otherwise expired may be paid out of | 25 | | the expiring appropriations during the 4-month period ending | 26 | | at the close of business on October 31. |
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| 1 | | (d) The Department of Public Health and the Department of | 2 | | Human Services (acting as successor to the Department of | 3 | | Public Health under the Department of Human Services Act) | 4 | | shall each annually submit to the State Comptroller, Senate | 5 | | President, Senate Minority Leader, Speaker of the House, House | 6 | | Minority Leader, and the respective Chairmen and Minority | 7 | | Spokesmen of the Appropriations Committees of the Senate and | 8 | | the House, on or before December 31, a report of fiscal year | 9 | | funds used to pay for services provided in any prior fiscal | 10 | | year. This report shall document by program or service | 11 | | category those expenditures from the most recently completed | 12 | | fiscal year used to pay for services provided in prior fiscal | 13 | | years. | 14 | | (e) The Department of Healthcare and Family Services, the | 15 | | Department of Human Services (acting as successor to the | 16 | | Department of Public Aid), and the Department of Human | 17 | | Services making fee-for-service payments relating to substance | 18 | | abuse treatment services provided during a previous fiscal | 19 | | year shall each annually submit to the State Comptroller, | 20 | | Senate President, Senate Minority Leader, Speaker of the | 21 | | House, House Minority Leader, the respective Chairmen and | 22 | | Minority Spokesmen of the Appropriations Committees of the | 23 | | Senate and the House, on or before November 30, a report that | 24 | | shall document by program or service category those | 25 | | expenditures from the most recently completed fiscal year used | 26 | | to pay for (i) services provided in prior fiscal years and (ii) |
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| 1 | | services for which claims were received in prior fiscal years. | 2 | | (f) The Department of Human Services (as successor to the | 3 | | Department of Public Aid) shall annually submit to the State | 4 | | Comptroller, Senate President, Senate Minority Leader, Speaker | 5 | | of the House, House Minority Leader, and the respective | 6 | | Chairmen and Minority Spokesmen of the Appropriations | 7 | | Committees of the Senate and the House, on or before December | 8 | | 31, a report of fiscal year funds used to pay for services | 9 | | (other than medical care) provided in any prior fiscal year. | 10 | | This report shall document by program or service category | 11 | | those expenditures from the most recently completed fiscal | 12 | | year used to pay for services provided in prior fiscal years. | 13 | | (g) In addition, each annual report required to be | 14 | | submitted by the Department of Healthcare and Family Services | 15 | | under subsection (e) shall include the following information | 16 | | with respect to the State's Medicaid program: | 17 | | (1) Explanations of the exact causes of the variance | 18 | | between the previous year's estimated and actual | 19 | | liabilities. | 20 | | (2) Factors affecting the Department of Healthcare and | 21 | | Family Services' liabilities, including, but not limited | 22 | | to, numbers of aid recipients, levels of medical service | 23 | | utilization by aid recipients, and inflation in the cost | 24 | | of medical services. | 25 | | (3) The results of the Department's efforts to combat | 26 | | fraud and abuse. |
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| 1 | | (h) As provided in Section 4 of the General Assembly | 2 | | Compensation Act, any utility bill for service provided to a | 3 | | General Assembly member's district office for a period | 4 | | including portions of 2 consecutive fiscal years may be paid | 5 | | from funds appropriated for such expenditure in either fiscal | 6 | | year. | 7 | | (i) An agency which administers a fund classified by the | 8 | | Comptroller as an internal service fund may issue rules for: | 9 | | (1) billing user agencies in advance for payments or | 10 | | authorized inter-fund transfers based on estimated charges | 11 | | for goods or services; | 12 | | (2) issuing credits, refunding through inter-fund | 13 | | transfers, or reducing future inter-fund transfers during | 14 | | the subsequent fiscal year for all user agency payments or | 15 | | authorized inter-fund transfers received during the prior | 16 | | fiscal year which were in excess of the final amounts owed | 17 | | by the user agency for that period; and | 18 | | (3) issuing catch-up billings to user agencies during | 19 | | the subsequent fiscal year for amounts remaining due when | 20 | | payments or authorized inter-fund transfers received from | 21 | | the user agency during the prior fiscal year were less | 22 | | than the total amount owed for that period. | 23 | | User agencies are authorized to reimburse internal service | 24 | | funds for catch-up billings by vouchers drawn against their | 25 | | respective appropriations for the fiscal year in which the | 26 | | catch-up billing was issued or by increasing an authorized |
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| 1 | | inter-fund transfer during the current fiscal year. For the | 2 | | purposes of this Act, "inter-fund transfers" means transfers | 3 | | without the use of the voucher-warrant process, as authorized | 4 | | by Section 9.01 of the State Comptroller Act. | 5 | | (i-1) Beginning on July 1, 2021, all outstanding | 6 | | liabilities, not payable during the 4-month lapse period as | 7 | | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) | 8 | | of this Section, that are made from appropriations for that | 9 | | purpose for any fiscal year, without regard to the fact that | 10 | | the services being compensated for by those payments may have | 11 | | been rendered in a prior fiscal year, are limited to only those | 12 | | claims that have been incurred but for which a proper bill or | 13 | | invoice as defined by the State Prompt Payment Act has not been | 14 | | received by September 30th following the end of the fiscal | 15 | | year in which the service was rendered. | 16 | | (j) Notwithstanding any other provision of this Act, the | 17 | | aggregate amount of payments to be made without regard for | 18 | | fiscal year limitations as contained in subsections (b-1), | 19 | | (b-3), (b-4), (b-5), and (c) of this Section, and determined | 20 | | by using Generally Accepted Accounting Principles, shall not | 21 | | exceed the following amounts: | 22 | | (1) $6,000,000,000 for outstanding liabilities related | 23 | | to fiscal year 2012; | 24 | | (2) $5,300,000,000 for outstanding liabilities related | 25 | | to fiscal year 2013; | 26 | | (3) $4,600,000,000 for outstanding liabilities related |
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| 1 | | to fiscal year 2014; | 2 | | (4) $4,000,000,000 for outstanding liabilities related | 3 | | to fiscal year 2015; | 4 | | (5) $3,300,000,000 for outstanding liabilities related | 5 | | to fiscal year 2016; | 6 | | (6) $2,600,000,000 for outstanding liabilities related | 7 | | to fiscal year 2017; | 8 | | (7) $2,000,000,000 for outstanding liabilities related | 9 | | to fiscal year 2018; | 10 | | (8) $1,300,000,000 for outstanding liabilities related | 11 | | to fiscal year 2019; | 12 | | (9) $600,000,000 for outstanding liabilities related | 13 | | to fiscal year 2020; and | 14 | | (10) $0 for outstanding liabilities related to fiscal | 15 | | year 2021 and fiscal years thereafter. | 16 | | (k) Department of Healthcare and Family Services Medical | 17 | | Assistance Payments. | 18 | | (1) Definition of Medical Assistance. | 19 | | For purposes of this subsection, the term "Medical | 20 | | Assistance" shall include, but not necessarily be | 21 | | limited to, medical programs and services authorized | 22 | | under Titles XIX and XXI of the Social Security Act, | 23 | | the Illinois Public Aid Code, the Children's Health | 24 | | Insurance Program Act, the Covering ALL KIDS Health | 25 | | Insurance Act, the Long Term Acute Care Hospital | 26 | | Quality Improvement Transfer Program Act, and medical |
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| 1 | | care to or on behalf of persons suffering from chronic | 2 | | renal disease, persons suffering from hemophilia, and | 3 | | victims of sexual assault. | 4 | | (2) Limitations on Medical Assistance payments that | 5 | | may be paid from future fiscal year appropriations. | 6 | | (A) The maximum amounts of annual unpaid Medical | 7 | | Assistance bills received and recorded by the | 8 | | Department of Healthcare and Family Services on or | 9 | | before June 30th of a particular fiscal year | 10 | | attributable in aggregate to the General Revenue Fund, | 11 | | Healthcare Provider Relief Fund, Tobacco Settlement | 12 | | Recovery Fund, Long-Term Care Provider Fund, and the | 13 | | Drug Rebate Fund that may be paid in total by the | 14 | | Department from future fiscal year Medical Assistance | 15 | | appropriations to those funds are: $700,000,000 for | 16 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 | 17 | | and each fiscal year thereafter. | 18 | | (B) Bills for Medical Assistance services rendered | 19 | | in a particular fiscal year, but received and recorded | 20 | | by the Department of Healthcare and Family Services | 21 | | after June 30th of that fiscal year, may be paid from | 22 | | either appropriations for that fiscal year or future | 23 | | fiscal year appropriations for Medical Assistance. | 24 | | Such payments shall not be subject to the requirements | 25 | | of subparagraph (A). | 26 | | (C) Medical Assistance bills received by the |
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| 1 | | Department of Healthcare and Family Services in a | 2 | | particular fiscal year, but subject to payment amount | 3 | | adjustments in a future fiscal year may be paid from a | 4 | | future fiscal year's appropriation for Medical | 5 | | Assistance. Such payments shall not be subject to the | 6 | | requirements of subparagraph (A). | 7 | | (D) Medical Assistance payments made by the | 8 | | Department of Healthcare and Family Services from | 9 | | funds other than those specifically referenced in | 10 | | subparagraph (A) may be made from appropriations for | 11 | | those purposes for any fiscal year without regard to | 12 | | the fact that the Medical Assistance services being | 13 | | compensated for by such payment may have been rendered | 14 | | in a prior fiscal year. Such payments shall not be | 15 | | subject to the requirements of subparagraph (A). | 16 | | (3) Extended lapse period for Department of Healthcare | 17 | | and Family Services Medical Assistance payments. | 18 | | Notwithstanding any other State law to the contrary, | 19 | | outstanding Department of Healthcare and Family Services | 20 | | Medical Assistance liabilities, as of June 30th, payable | 21 | | from appropriations which have otherwise expired, may be | 22 | | paid out of the expiring appropriations during the 4-month | 23 | | period ending at the close of business on October 31st. | 24 | | (l) The changes to this Section made by Public Act 97-691 | 25 | | shall be effective for payment of Medical Assistance bills | 26 | | incurred in fiscal year 2013 and future fiscal years. The |
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| 1 | | changes to this Section made by Public Act 97-691 shall not be | 2 | | applied to Medical Assistance bills incurred in fiscal year | 3 | | 2012 or prior fiscal years. | 4 | | (m) The Comptroller must issue payments against | 5 | | outstanding liabilities that were received prior to the lapse | 6 | | period deadlines set forth in this Section as soon thereafter | 7 | | as practical, but no payment may be issued after the 4 months | 8 | | following the lapse period deadline without the signed | 9 | | authorization of the Comptroller and the Governor or as | 10 | | provided by Section 18 of the Court of Claims Act . | 11 | | (Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21; | 12 | | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | 13 | | 6-7-23.) | 14 | | Section 15. The State Prompt Payment Act is amended by | 15 | | changing Sections 1, 3-2, 3-3, 3-6, 5, and 7 as follows: | 16 | | (30 ILCS 540/1) (from Ch. 127, par. 132.401) | 17 | | Sec. 1. This Act applies to any State official or agency | 18 | | authorized to provide for payment from State funds, by virtue | 19 | | of any appropriation of the General Assembly, for goods or | 20 | | services furnished to the State. | 21 | | For purposes of this Act, "goods or services furnished to | 22 | | the State" include but are not limited to (i) covered health | 23 | | care provided to eligible members and their covered dependents | 24 | | in accordance with the State Employees Group Insurance Act of |
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| 1 | | 1971, including coverage through a physician-owned health | 2 | | maintenance organization under Section 6.1 of that Act, (ii) | 3 | | prevention, intervention, or treatment services and supports | 4 | | for persons with developmental disabilities, mental health | 5 | | services, alcohol and substance abuse services, rehabilitation | 6 | | services, and early intervention services provided by a | 7 | | vendor, and (iii) prevention, intervention, or treatment | 8 | | services and supports for youth provided by a vendor by virtue | 9 | | of a contractual grant agreement. For the purposes of items | 10 | | (ii) and (iii), a vendor includes but is not limited to sellers | 11 | | of goods and services, including community-based organizations | 12 | | that are licensed to provide prevention, intervention, or | 13 | | treatment services and supports for persons with developmental | 14 | | disabilities, mental illness, and substance abuse problems, or | 15 | | that provides prevention, intervention, or treatment services | 16 | | and supports for youth . | 17 | | For the purposes of this Act, "appropriate State official | 18 | | or agency" is defined as the Director or Chief Executive or his | 19 | | designee of that State agency or department or facility of | 20 | | such agency or department. With respect to covered health care | 21 | | provided to eligible members and their dependents in | 22 | | accordance with the State Employees Group Insurance Act of | 23 | | 1971, "appropriate State official or agency" also includes an | 24 | | administrator of a program of health benefits under that Act. | 25 | | As used in this Act, "eligible member" means a member who | 26 | | is eligible for health benefits under the State Employees |
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| 1 | | Group Insurance Act of 1971, and "member" and "dependent" have | 2 | | the meanings ascribed to those terms in that Act. | 3 | | As used in this Act, "a proper bill or invoice" means a | 4 | | bill or invoice, including, but not limited to, an invoice | 5 | | issued under a contractual grant agreement, that includes the | 6 | | information necessary for processing the payment as may be | 7 | | specified by a State agency and in rules adopted in accordance | 8 | | with this Act. Beginning on and after July 1, 2021, "a proper | 9 | | bill or invoice" shall also include the names of all | 10 | | subcontractors or subconsultants to be paid from the bill or | 11 | | invoice and the amounts due to each of them, if any. | 12 | | (Source: P.A. 100-549, eff. 1-1-18; 101-524, eff. 1-1-20 .) | 13 | | (30 ILCS 540/3-2) | 14 | | Sec. 3-2. Beginning July 1, 1993, in any instance where a | 15 | | State official or agency is late in payment of a vendor's bill | 16 | | or invoice for goods or services furnished to the State, as | 17 | | defined in Section 1, properly approved in accordance with | 18 | | rules promulgated under Section 3-3, the State official or | 19 | | agency shall pay interest to the vendor in accordance with the | 20 | | following: | 21 | | (1) (Blank). Any bill, except a bill submitted under | 22 | | Article V of the Illinois Public Aid Code and except as | 23 | | provided under paragraph (1.05) of this Section, approved | 24 | | for payment under this Section must be paid or the payment | 25 | | issued to the payee within 60 days of receipt of a proper |
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| 1 | | bill or invoice. If payment is not issued to the payee | 2 | | within this 60-day period, an interest penalty of 1.0% of | 3 | | any amount approved and unpaid shall be added for each | 4 | | month or fraction thereof after the end of this 60-day | 5 | | period, until final payment is made. Any bill, except a | 6 | | bill for pharmacy or nursing facility services or goods, | 7 | | and except as provided under paragraph (1.05) of this | 8 | | Section, submitted under Article V of the Illinois Public | 9 | | Aid Code approved for payment under this Section must be | 10 | | paid or the payment issued to the payee within 60 days | 11 | | after receipt of a proper bill or invoice, and, if payment | 12 | | is not issued to the payee within this 60-day period, an | 13 | | interest penalty of 2.0% of any amount approved and unpaid | 14 | | shall be added for each month or fraction thereof after | 15 | | the end of this 60-day period, until final payment is | 16 | | made. Any bill for pharmacy or nursing facility services | 17 | | or goods submitted under Article V of the Illinois Public | 18 | | Aid Code, except as provided under paragraph (1.05) of | 19 | | this Section, and approved for payment under this Section | 20 | | must be paid or the payment issued to the payee within 60 | 21 | | days of receipt of a proper bill or invoice. If payment is | 22 | | not issued to the payee within this 60-day period, an | 23 | | interest penalty of 1.0% of any amount approved and unpaid | 24 | | shall be added for each month or fraction thereof after | 25 | | the end of this 60-day period, until final payment is | 26 | | made. |
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| 1 | | (1.05) Except as provided in paragraph (3) of this | 2 | | Section, for For State fiscal years year 2012 through 2024 | 3 | | and future fiscal years , any bill approved for payment | 4 | | under this Section must be paid or the payment issued to | 5 | | the payee within 90 days of receipt of a proper bill or | 6 | | invoice. If payment is not issued to the payee within this | 7 | | 90-day period, an interest penalty of 1.0% of any amount | 8 | | approved and unpaid shall be added for each month, or | 9 | | 0.033% (one-thirtieth of one percent) of any amount | 10 | | approved and unpaid for each day, after the end of this | 11 | | 90-day period, until final payment is made. | 12 | | For State fiscal year 2025 and future fiscal years, | 13 | | any bill approved for payment under this Section must be | 14 | | paid or the payment issued to the payee within 60 days of | 15 | | receipt of a proper bill or invoice. If payment is not | 16 | | issued to the payee within this 60-day period, an interest | 17 | | penalty of 1% of any amount approved and unpaid shall be | 18 | | added for each month, or 0.033% (one-thirtieth of one | 19 | | percent) of any amount approved and unpaid for each day, | 20 | | after the end of this 60-day period, until final payment | 21 | | is made. | 22 | | (1.1) A State agency shall review in a timely manner | 23 | | each bill or invoice within 30 days after its receipt. If | 24 | | the State agency determines that the bill or invoice | 25 | | contains a defect making it unable to process the payment | 26 | | request, the agency shall notify the vendor requesting |
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| 1 | | payment as soon as possible after discovering the defect | 2 | | pursuant to rules promulgated under Section 3-3; provided, | 3 | | however, that the notice for construction related bills or | 4 | | invoices must be given not later than 30 days after the | 5 | | bill or invoice was first submitted. The notice shall | 6 | | identify the defect and any additional information | 7 | | necessary to correct the defect. If one or more items on a | 8 | | construction related bill or invoice are disapproved, but | 9 | | not the entire bill or invoice, then the portion that is | 10 | | not disapproved shall be paid in accordance with the | 11 | | requirements of this Act . | 12 | | (2) Where a State official or agency is late in | 13 | | payment of a vendor's bill or invoice properly approved in | 14 | | accordance with this Act, and different late payment terms | 15 | | are not reduced to writing as a contractual agreement, the | 16 | | State official or agency shall automatically pay interest | 17 | | penalties required by this Section amounting to $50 or | 18 | | more to the appropriate vendor. Each agency shall be | 19 | | responsible for determining whether an interest penalty is | 20 | | owed and for paying the interest to the vendor. Except as | 21 | | provided in paragraph (4), an individual interest payment | 22 | | amounting to $5 or less shall not be paid by the State. | 23 | | Interest due to a vendor that amounts to greater than $5 | 24 | | and less than $50 shall not be paid but shall be accrued | 25 | | until all interest due the vendor for all similar warrants | 26 | | exceeds $50, at which time the accrued interest shall be |
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| 1 | | payable and interest will begin accruing again, except | 2 | | that interest accrued as of the end of the fiscal year that | 3 | | does not exceed $50 shall be payable at that time. In the | 4 | | event an individual has paid a vendor for services in | 5 | | advance, the provisions of this Section shall apply until | 6 | | payment is made to that individual. | 7 | | (3) The provisions of Public Act 96-1501 reducing the | 8 | | interest rate on pharmacy claims under Article V of the | 9 | | Illinois Public Aid Code to 1.0% per month shall apply to | 10 | | any pharmacy bills for services and goods under Article V | 11 | | of the Illinois Public Aid Code received on or after the | 12 | | date 60 days before January 25, 2011 (the effective date | 13 | | of Public Act 96-1501) except as provided under paragraph | 14 | | (1.05) of this Section. | 15 | | (4) Interest amounting to less than $5 shall not be | 16 | | paid by the State, except for claims (i) to the Department | 17 | | of Healthcare and Family Services or the Department of | 18 | | Human Services, (ii) pursuant to Article V of the Illinois | 19 | | Public Aid Code, the Covering ALL KIDS Health Insurance | 20 | | Act, or the Children's Health Insurance Program Act, and | 21 | | (iii) made (A) by pharmacies for prescriptive services or | 22 | | (B) by any federally qualified health center for | 23 | | prescriptive services or any other services. | 24 | | Notwithstanding any provision to the contrary, interest | 25 | | may not be paid under this Act when: (1) a Chief Procurement | 26 | | Officer has voided the underlying contract for goods or |
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| 1 | | services under Article 50 of the Illinois Procurement Code; or | 2 | | (2) the Auditor General is conducting a performance or program | 3 | | audit and the Comptroller has held or is holding for review a | 4 | | related contract or vouchers for payment of goods or services | 5 | | in the exercise of duties under Section 9 of the State | 6 | | Comptroller Act. In such event, interest shall not accrue | 7 | | during the pendency of the Auditor General's review. | 8 | | (Source: P.A. 100-1064, eff. 8-24-18.) | 9 | | (30 ILCS 540/3-3) (from Ch. 127, par. 132.403-3) | 10 | | Sec. 3-3. The State Comptroller and the Department of | 11 | | Central Management Services shall jointly promulgate rules and | 12 | | policies to govern the uniform application of this Act. These | 13 | | rules and policies shall include procedures and time frames | 14 | | for approving a bill or invoice from a vendor for goods or | 15 | | services furnished to the State. Those rules shall require | 16 | | that action to approve or reject a bill or invoice shall be | 17 | | taken not more than 30 days after receiving the bill or invoice | 18 | | from the vendor. These rules and policies shall provide for | 19 | | procedures and time frames applicable to payment plans as may | 20 | | be agreed upon between State agencies and vendors. These rules | 21 | | and policies shall be binding on all officials and agencies | 22 | | under this Act's jurisdiction. These rules and policies may be | 23 | | made effective no earlier than July 1, 1993. | 24 | | (Source: P.A. 92-384, eff. 7-1-02.) |
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| 1 | | (30 ILCS 540/3-6) | 2 | | Sec. 3-6. Federal funds; lack of authority. If an agency | 3 | | incurs an interest liability under this Act that cannot be | 4 | | charged to the same expenditure authority account to which the | 5 | | related goods or services were charged due to federal | 6 | | prohibitions, the agency is authorized to pay the interest | 7 | | from its available appropriations from any funding source the | 8 | | General Revenue Fund . | 9 | | (Source: P.A. 100-587, eff. 6-4-18.) | 10 | | (30 ILCS 540/5) (from Ch. 127, par. 132.405) | 11 | | Sec. 5. The State remittance and the grant agreement shall | 12 | | indicate that payment of interest may be available for failure | 13 | | to comply with this Act. | 14 | | (Source: P.A. 92-384, eff. 7-1-02.) | 15 | | (30 ILCS 540/7) (from Ch. 127, par. 132.407) | 16 | | Sec. 7. Payments to subcontractors and material suppliers. | 17 | | (a) When a State official or agency responsible for | 18 | | administering a contract receives a bill or invoice from a | 19 | | contractor, that State official or agency shall confirm the | 20 | | date on which the bill or invoice was received within 5 | 21 | | business days of receipt, and shall transmit any approved | 22 | | amount to the Comptroller within 30 days of receipt. | 23 | | (a-1) When a State official or agency responsible for | 24 | | administering a contract submits a voucher to the Comptroller |
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| 1 | | for payment to a contractor, that State official or agency | 2 | | shall promptly make available electronically the voucher | 3 | | number, the date of the voucher, and the amount of the voucher | 4 | | within 5 business days of submitting the voucher to the | 5 | | Comptroller . The State official or agency responsible for | 6 | | administering the contract shall provide subcontractors and | 7 | | material suppliers, known to the State official or agency, | 8 | | with instructions on how to access the electronic information | 9 | | on the Comptroller's website . | 10 | | (a-5) When a contractor receives any payment, the | 11 | | contractor shall pay each subcontractor and material supplier | 12 | | electronically within 10 business days or 15 calendar days, | 13 | | whichever occurs earlier, or, if paid by a printed check, the | 14 | | printed check must be postmarked within 10 business days or 15 | 15 | | calendar days, whichever occurs earlier, after receiving | 16 | | payment in proportion to the work completed by each | 17 | | subcontractor and material supplier its application or pay | 18 | | estimate, plus interest received under this Act. When a | 19 | | contractor receives any payment, the contractor shall pay each | 20 | | lower-tiered subcontractor and material supplier and each | 21 | | subcontractor and material supplier shall make payment to its | 22 | | own respective subcontractors and material suppliers. If the | 23 | | contractor receives less than the full payment due under the | 24 | | public construction contract, the contractor shall be | 25 | | obligated to disburse on a pro rata basis those funds | 26 | | received, plus interest received under this Act, with the |
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| 1 | | contractor, subcontractors and material suppliers each | 2 | | receiving a prorated portion based on the amount of payment | 3 | | each has earned. When, however, the State official or agency | 4 | | does not release the full payment due under the contract | 5 | | because there are specific areas of work or materials the | 6 | | State agency or official has determined are not suitable for | 7 | | payment, then those specific subcontractors or material | 8 | | suppliers involved shall not be paid for that portion of work | 9 | | rejected or deemed not suitable for payment and all other | 10 | | subcontractors and suppliers shall be paid based upon the | 11 | | amount of payment each has earned, plus interest received | 12 | | under this Act. | 13 | | (a-10) For construction contracts with the Department of | 14 | | Transportation, the contractor, subcontractor, or material | 15 | | supplier, regardless of tier, shall not offset, decrease, or | 16 | | diminish payment or payments that are due to its | 17 | | subcontractors or material suppliers without reasonable cause. | 18 | | A contractor, who refuses to make prompt payment within 10 | 19 | | business days or 15 calendar days, whichever occurs earlier, | 20 | | after receiving payment, in whole or in part, shall provide to | 21 | | the subcontractor or material supplier and the public owner or | 22 | | its agent, a written notice of that refusal. The written | 23 | | notice shall be made by a contractor no later than 5 calendar | 24 | | days after payment is received by the contractor. The written | 25 | | notice shall identify the Department of Transportation's | 26 | | contract, any subcontract or material purchase agreement, a |
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| 1 | | detailed reason for refusal, the value of the payment to be | 2 | | withheld, and the specific remedial actions required of the | 3 | | subcontractor or material supplier so that payment may be | 4 | | made. Written notice of refusal may be given in a form and | 5 | | method which is acceptable to the parties and public owner. | 6 | | (b) If the contractor, without reasonable cause, fails to | 7 | | make full payment of amounts due under subsection (a) to its | 8 | | subcontractors and material suppliers within 10 business days | 9 | | or 15 calendar days, whichever occurs earlier, after receipt | 10 | | of payment from the State official or agency, the contractor | 11 | | shall pay to its subcontractors and material suppliers, in | 12 | | addition to the payment due them, interest in the amount of 2% | 13 | | per month, calculated from the expiration of the | 14 | | 10-business-day period or the 15-calendar-day period until | 15 | | fully paid. This subsection shall further apply to any | 16 | | payments made by subcontractors and material suppliers to | 17 | | their subcontractors and material suppliers and to all | 18 | | payments made to lower tier subcontractors and material | 19 | | suppliers throughout the contracting chain. | 20 | | (1) If a contractor, without reasonable cause, fails | 21 | | to make payment in full as provided in subsection (a-5) | 22 | | within 10 business days or 15 calendar days, whichever | 23 | | occurs earlier, after receipt of payment under the public | 24 | | construction contract, any subcontractor or material | 25 | | supplier to whom payments are owed may file a written | 26 | | notice and request for administrative hearing with the |
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| 1 | | State official or agency setting forth the amount owed by | 2 | | the contractor and the contractor's failure to timely pay | 3 | | the amount owed. The written notice and request for | 4 | | administrative hearing shall identify the public | 5 | | construction contract, the contractor, and the amount | 6 | | owed, and shall contain a sworn statement or attestation | 7 | | to verify the accuracy of the notice. The notice and | 8 | | request for administrative hearing shall be filed with the | 9 | | State official for the public construction contract, with | 10 | | a copy of the notice concurrently provided to the | 11 | | contractor. Notice to the State official may be made by | 12 | | certified or registered mail, messenger service, or | 13 | | personal service, and must include proof of delivery to | 14 | | the State official. | 15 | | (2) The State official or agency, within 15 calendar | 16 | | days after receipt of a subcontractor's or material | 17 | | supplier's written notice and request for administrative | 18 | | hearing, shall hold a hearing convened by an | 19 | | administrative law judge to determine whether the | 20 | | contractor withheld payment, without reasonable cause, | 21 | | from the subcontractors or material suppliers and what | 22 | | amount, if any, is due to the subcontractors or material | 23 | | suppliers, and the reasonable cause or causes asserted by | 24 | | the contractor. The State official or agency shall provide | 25 | | appropriate notice to the parties of the date, time, and | 26 | | location of the hearing. Each contractor, subcontractor, |
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| 1 | | or material supplier has the right to be represented by | 2 | | counsel at a hearing and to cross-examine witnesses and | 3 | | challenge documents. Upon the request of the subcontractor | 4 | | or material supplier and a showing of good cause, | 5 | | reasonable continuances may be granted by the | 6 | | administrative law judge. | 7 | | (3) Upon a finding by the administrative law judge | 8 | | that the contractor failed to make payment in full, | 9 | | without reasonable cause, as provided in subsection | 10 | | (a-10), then the administrative law judge shall, in | 11 | | writing, order the contractor to pay the amount owed to | 12 | | the subcontractors or material suppliers plus interest | 13 | | within 15 calendar days after the order. | 14 | | (4) If a contractor fails to make full payment as | 15 | | ordered under paragraph (3) of this subsection (b) within | 16 | | 15 days after the administrative law judge's order, then | 17 | | the contractor shall be barred from entering into a State | 18 | | public construction contract for a period of one year | 19 | | beginning on the date of the administrative law judge's | 20 | | order. | 21 | | (5) If, on 2 or more occasions within a | 22 | | 3-calendar-year period, there is a finding by an | 23 | | administrative law judge that the contractor failed to | 24 | | make payment in full, without reasonable cause, and a | 25 | | written order was issued to a contractor under paragraph | 26 | | (3) of this subsection (b), then the contractor shall be |
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| 1 | | barred from entering into a State public construction | 2 | | contract for a period of 6 months beginning on the date of | 3 | | the administrative law judge's second written order, even | 4 | | if the payments required under the orders were made in | 5 | | full. | 6 | | (6) If a contractor fails to make full payment as | 7 | | ordered under paragraph (4) of this subsection (b), the | 8 | | subcontractor or material supplier may, within 30 days of | 9 | | the date of that order, petition the State agency for an | 10 | | order for reasonable attorney's fees and costs incurred in | 11 | | the prosecution of the action under this subsection (b). | 12 | | Upon that petition and taking of additional evidence, as | 13 | | may be required, the administrative law judge may issue a | 14 | | supplemental order directing the contractor to pay those | 15 | | reasonable attorney's fees and costs. | 16 | | (7) The written order of the administrative law judge | 17 | | shall be final and appealable under the Administrative | 18 | | Review Law. | 19 | | (b-5) On or before July 2021, the Department of | 20 | | Transportation shall publish on its website a searchable | 21 | | database that allows for queries for each active construction | 22 | | contract by the name of a subcontractor or the pay item such | 23 | | that each pay item is associated with either the prime | 24 | | contractor or a subcontractor. | 25 | | (c) This Section shall not be construed to in any manner | 26 | | diminish, negate, or interfere with the |
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| 1 | | contractor-subcontractor or contractor-material supplier | 2 | | relationship or commercially useful function. | 3 | | (d) This Section shall not preclude, bar, or stay the | 4 | | rights, remedies, and defenses available to the parties by way | 5 | | of the operation of their contract, purchase agreement, the | 6 | | Mechanics Lien Act, or the Public Construction Bond Act. | 7 | | (e) State officials and agencies may adopt rules as may be | 8 | | deemed necessary in order to establish the formal procedures | 9 | | required under this Section. | 10 | | (f) As used in this Section: | 11 | | "Payment" means the discharge of an obligation in money or | 12 | | other valuable consideration or thing delivered in full or | 13 | | partial satisfaction of an obligation to pay. "Payment" shall | 14 | | include interest paid pursuant to this Act. | 15 | | "Reasonable cause" may include, but is not limited to, | 16 | | unsatisfactory workmanship or materials; failure to provide | 17 | | documentation required by the contract, subcontract, or | 18 | | material purchase agreement; claims made against the | 19 | | Department of Transportation or the subcontractor pursuant to | 20 | | subsection (c) of Section 23 of the Mechanics Lien Act or the | 21 | | Public Construction Bond Act; judgments, levies, garnishments, | 22 | | or other court-ordered assessments or offsets in favor of the | 23 | | Department of Transportation or other State agency entered | 24 | | against a subcontractor or material supplier. "Reasonable | 25 | | cause" does not include payments issued to the contractor that | 26 | | create a negative or reduced valuation pay application or pay |
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| 1 | | estimate due to a reduction of contract quantities or work not | 2 | | performed or provided by the subcontractor or material | 3 | | supplier; the interception or withholding of funds for reasons | 4 | | not related to the subcontractor's or material supplier's work | 5 | | on the contract; anticipated claims or assessments of third | 6 | | parties not a party related to the contract or subcontract; | 7 | | asserted claims or assessments of third parties that are not | 8 | | authorized by court order, administrative tribunal, or | 9 | | statute. "Reasonable cause" further does not include the | 10 | | withholding, offset, or reduction of payment, in whole or in | 11 | | part, due to the assessment of liquidated damages or penalties | 12 | | assessed by the Department of Transportation against the | 13 | | contractor, unless the subcontractor's performance or supplied | 14 | | materials were the sole and proximate cause of the liquidated | 15 | | damage or penalty. | 16 | | (Source: P.A. 100-43, eff. 8-9-17; 100-376, eff. 1-1-18; | 17 | | 100-863, eff. 8-14-18; 101-524, eff. 1-1-20 .) | 18 | | Section 20. The Grant Accountability and Transparency Act | 19 | | is amended by changing Sections 15, 25, 30, 50, 65, 97, and 125 | 20 | | and by adding Section 135 as follows: | 21 | | (30 ILCS 708/15) | 22 | | Sec. 15. Definitions. As used in this Act: | 23 | | "Administrative costs" has the same meaning as given to | 24 | | that term in 20 CFR 641.856. |
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| 1 | | "Allowable cost" means a cost allowable to a project if: | 2 | | (1) the costs are reasonable and necessary for the | 3 | | performance of the award; | 4 | | (2) the costs are allocable to the specific project; | 5 | | (3) the costs are treated consistently in like | 6 | | circumstances to both federally-financed and other | 7 | | activities of the non-federal entity; | 8 | | (4) the costs conform to any limitations of the cost | 9 | | principles or the sponsored agreement; | 10 | | (5) the costs are accorded consistent treatment; a | 11 | | cost may not be assigned to a State or federal award as a | 12 | | direct cost if any other cost incurred for the same | 13 | | purpose in like circumstances has been allocated to the | 14 | | award as an indirect cost; | 15 | | (6) the costs are determined to be in accordance with | 16 | | generally accepted accounting principles; | 17 | | (7) the costs are not included as a cost or used to | 18 | | meet federal cost-sharing or matching requirements of any | 19 | | other program in either the current or prior period; | 20 | | (8) the costs of one State or federal grant are not | 21 | | used to meet the match requirements of another State or | 22 | | federal grant; and | 23 | | (9) the costs are adequately documented. | 24 | | "Assistance listing" means the database that helps the | 25 | | federal government track all programs it has domestically | 26 | | funded. |
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| 1 | | "Assistance listing number" or "ALN" means the number | 2 | | assigned to a federal program in the assistance listing. | 3 | | "Auditee" means any non-federal entity that expends State | 4 | | or federal awards that must be audited. | 5 | | "Auditor" means an auditor who is a public accountant or a | 6 | | federal, State, or local government audit organization that | 7 | | meets the general standards specified in generally-accepted | 8 | | government auditing standards. "Auditor" does not include | 9 | | internal auditors of not-for-profit nonprofit organizations. | 10 | | "Auditor General" means the Auditor General of the State | 11 | | of Illinois. | 12 | | "Award" means financial assistance that provides support | 13 | | or stimulation to accomplish a public purpose. "Awards" | 14 | | include grants and other agreements in the form of money, or | 15 | | property in lieu of money, by the State or federal government | 16 | | to an eligible recipient. "Award" does not include: technical | 17 | | assistance that provides services instead of money; other | 18 | | assistance in the form of loans, loan guarantees, interest | 19 | | subsidies, or insurance; direct payments of any kind to | 20 | | individuals; or contracts that must be entered into and | 21 | | administered under State or federal procurement laws and | 22 | | regulations. | 23 | | "Budget" means the financial plan for the project or | 24 | | program that the awarding agency or pass-through entity | 25 | | approves during the award process or in subsequent amendments | 26 | | to the award. It may include the State or federal and |
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| 1 | | non-federal share or only the State or federal share, as | 2 | | determined by the awarding agency or pass-through entity. | 3 | | "Catalog of Federal Domestic Assistance" or "CFDA" means a | 4 | | database that helps the federal government track all programs | 5 | | it has domestically funded. | 6 | | "Catalog of Federal Domestic Assistance number" or "CFDA | 7 | | number" means the number assigned to a federal program in the | 8 | | CFDA. | 9 | | "Catalog of State Financial Assistance" means the single, | 10 | | authoritative, statewide, comprehensive source document of | 11 | | State financial assistance program information maintained by | 12 | | the Governor's Office of Management and Budget. | 13 | | "Catalog of State Financial Assistance Number" means the | 14 | | number assigned to a State program in the Catalog of State | 15 | | Financial Assistance. The first 3 digits represent the State | 16 | | agency number and the last 4 digits represent the program. | 17 | | "Cluster of programs" means a grouping of closely related | 18 | | programs that share common compliance requirements. The types | 19 | | of clusters of programs are research and development, student | 20 | | financial aid, and other clusters. A "cluster of programs" | 21 | | shall be considered as one program for determining major | 22 | | programs and, with the exception of research and development, | 23 | | whether a program-specific audit may be elected. | 24 | | "Cognizant agency for audit" means the federal agency | 25 | | designated to carry out the responsibilities described in 2 | 26 | | CFR 200.513(a). |
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| 1 | | "Contract" means a legal instrument by which a non-federal | 2 | | entity purchases property or services needed to carry out the | 3 | | project or program under an award. "Contract" does not include | 4 | | a legal instrument, even if the non-federal entity considers | 5 | | it a contract, when the substance of the transaction meets the | 6 | | definition of an award or subaward. | 7 | | "Contractor" means an entity that receives a contract. | 8 | | "Cooperative agreement" means a legal instrument of | 9 | | financial assistance between an awarding agency or | 10 | | pass-through entity and a non-federal entity that: | 11 | | (1) is used to enter into a relationship with the | 12 | | principal purpose of transferring anything of value from | 13 | | the awarding agency or pass-through entity to the | 14 | | non-federal entity to carry out a public purpose | 15 | | authorized by law, but is not used to acquire property or | 16 | | services for the awarding agency's or pass-through | 17 | | entity's direct benefit or use; and | 18 | | (2) is distinguished from a grant in that it provides | 19 | | for substantial involvement between the awarding agency or | 20 | | pass-through entity and the non-federal entity in carrying | 21 | | out the activity contemplated by the award. | 22 | | "Cooperative agreement" does not include a cooperative | 23 | | research and development agreement, nor an agreement that | 24 | | provides only direct cash assistance to an individual, a | 25 | | subsidy, a loan, a loan guarantee, or insurance. | 26 | | "Corrective action" means action taken by the auditee that |
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| 1 | | (i) corrects identified deficiencies, (ii) produces | 2 | | recommended improvements, or (iii) demonstrates that audit | 3 | | findings are either invalid or do not warrant auditee action. | 4 | | "Cost objective" means a program, function, activity, | 5 | | award, organizational subdivision, contract, or work unit for | 6 | | which cost data is desired and for which provision is made to | 7 | | accumulate and measure the cost of processes, products, jobs, | 8 | | and capital projects. A "cost objective" may be a major | 9 | | function of the non-federal entity, a particular service or | 10 | | project, an award, or an indirect cost activity. | 11 | | "Cost sharing" means the portion of project costs not paid | 12 | | by State or federal funds, unless otherwise authorized by | 13 | | statute. | 14 | | "Development" is the systematic use of knowledge and | 15 | | understanding gained from research directed toward the | 16 | | production of useful materials, devices, systems, or methods, | 17 | | including design and development of prototypes and processes. | 18 | | "Data Universal Numbering System number" means the 9-digit | 19 | | number established and assigned by Dun and Bradstreet, Inc. to | 20 | | uniquely identify entities and, under federal law, is required | 21 | | for non-federal entities to apply for, receive, and report on | 22 | | a federal award. | 23 | | "Direct costs" means costs that can be identified | 24 | | specifically with a particular final cost objective, such as a | 25 | | State or federal or federal pass-through award or a particular | 26 | | sponsored project, an instructional activity, or any other |
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| 1 | | institutional activity, or that can be directly assigned to | 2 | | such activities relatively easily with a high degree of | 3 | | accuracy. "Direct costs" includes direct administrative costs | 4 | | for employees who can be identified with a particular award | 5 | | and who provide project activities, instructional activity, | 6 | | project management, supervisory activity, clerical support, | 7 | | and administrative activity; those costs are not considered | 8 | | costs incurred for a common or joint purpose if all of the | 9 | | following conditions are met: (1) the individual's services | 10 | | are integral to a project or activity; (2) the individual can | 11 | | be specifically identified with the project or activity; (3) | 12 | | the costs are explicitly included in the budget or have the | 13 | | prior written approval of the State awarding agency; and (4) | 14 | | the costs are not also recovered as indirect costs. | 15 | | "Equipment" means tangible personal property (including | 16 | | information technology systems) having a useful life of more | 17 | | than one year and a per-unit acquisition cost that equals or | 18 | | exceeds the lesser of the capitalization level established by | 19 | | the non-federal entity for financial statement purposes, or | 20 | | $5,000. | 21 | | "Executive branch" means that branch of State government | 22 | | that is under the jurisdiction of the Governor. | 23 | | "Federal agency" has the meaning provided for "agency" | 24 | | under 5 U.S.C. 551(1) together with the meaning provided for | 25 | | "agency" by 5 U.S.C. 552(f). | 26 | | "Federal award" means: |
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| 1 | | (1) the federal financial assistance that a | 2 | | non-federal entity receives directly from a federal | 3 | | awarding agency or indirectly from a pass-through entity; | 4 | | (2) the cost-reimbursement contract under the Federal | 5 | | Acquisition Regulations that a non-federal entity receives | 6 | | directly from a federal awarding agency or indirectly from | 7 | | a pass-through entity; or | 8 | | (3) the instrument setting forth the terms and | 9 | | conditions when the instrument is the grant agreement, | 10 | | cooperative agreement, other agreement for assistance | 11 | | covered in paragraph (b) of 20 CFR 200.40, or the | 12 | | cost-reimbursement contract awarded under the Federal | 13 | | Acquisition Regulations. | 14 | | "Federal award" does not include other contracts that a | 15 | | federal agency uses to buy goods or services from a contractor | 16 | | or a contract to operate federal government owned, | 17 | | contractor-operated facilities. | 18 | | "Federal awarding agency" means the federal agency that | 19 | | provides a federal award directly to a non-federal entity. | 20 | | "Federal interest" means, for purposes of 2 CFR 200.329 or | 21 | | when used in connection with the acquisition or improvement of | 22 | | real property, equipment, or supplies under a federal award, | 23 | | the dollar amount that is the product of the federal share of | 24 | | total project costs and current fair market value of the | 25 | | property, improvements, or both, to the extent the costs of | 26 | | acquiring or improving the property were included as project |
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| 1 | | costs. | 2 | | "Federal program" means any of the following: | 3 | | (1) All federal awards which are assigned a single | 4 | | number in the assistance listing CFDA . | 5 | | (2) When no ALN CFDA number is assigned, all federal | 6 | | awards to non-federal entities from the same agency made | 7 | | for the same purpose should be combined and considered one | 8 | | program. | 9 | | (3) Notwithstanding paragraphs (1) and (2) of this | 10 | | definition, a cluster of programs. The types of clusters | 11 | | of programs are: | 12 | | (A) research and development; | 13 | | (B) student financial aid; and | 14 | | (C) "other clusters", as described in the | 15 | | definition of "cluster of programs". | 16 | | "Federal share" means the portion of the total project | 17 | | costs that are paid by federal funds. | 18 | | "Final cost objective" means a cost objective which has | 19 | | allocated to it both direct and indirect costs and, in the | 20 | | non-federal entity's accumulation system, is one of the final | 21 | | accumulation points, such as a particular award, internal | 22 | | project, or other direct activity of a non-federal entity. | 23 | | "Financial assistance" means the following: | 24 | | (1) For grants and cooperative agreements, "financial | 25 | | assistance" means assistance that non-federal entities | 26 | | receive or administer in the form of: |
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| 1 | | (A) grants; | 2 | | (B) cooperative agreements; | 3 | | (C) non-cash contributions or donations of | 4 | | property, including donated surplus property; | 5 | | (D) direct appropriations; | 6 | | (E) food commodities; and | 7 | | (F) other financial assistance, except assistance | 8 | | listed in paragraph (2) of this definition. | 9 | | (2) "Financial assistance" includes assistance that | 10 | | non-federal entities receive or administer in the form of | 11 | | loans, loan guarantees, interest subsidies, and insurance. | 12 | | (3) "Financial assistance" does not include amounts | 13 | | received as reimbursement for services rendered to | 14 | | individuals. | 15 | | "Fixed amount awards" means a type of grant agreement | 16 | | under which the awarding agency or pass-through entity | 17 | | provides a specific level of support without regard to actual | 18 | | costs incurred under the award. "Fixed amount awards" reduce | 19 | | some of the administrative burden and record-keeping | 20 | | requirements for both the non-federal entity and awarding | 21 | | agency or pass-through entity. Accountability is based | 22 | | primarily on performance and results. | 23 | | "Foreign public entity" means: | 24 | | (1) a foreign government or foreign governmental | 25 | | entity; | 26 | | (2) a public international organization that is |
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| 1 | | entitled to enjoy privileges, exemptions, and immunities | 2 | | as an international organization under the International | 3 | | Organizations Immunities Act (22 U.S.C. 288-288f); | 4 | | (3) an entity owned, in whole or in part, or | 5 | | controlled by a foreign government; or | 6 | | (4) any other entity consisting wholly or partially of | 7 | | one or more foreign governments or foreign governmental | 8 | | entities. | 9 | | "Foreign organization" means an entity that is: | 10 | | (1) a public or private organization located in a | 11 | | country other than the United States and its territories | 12 | | that are subject to the laws of the country in which it is | 13 | | located, irrespective of the citizenship of project staff | 14 | | or place of performance; | 15 | | (2) a private nongovernmental organization located in | 16 | | a country other than the United States that solicits and | 17 | | receives cash contributions from the general public; | 18 | | (3) a charitable organization located in a country | 19 | | other than the United States that is not-for-profit | 20 | | nonprofit and tax exempt under the laws of its country of | 21 | | domicile and operation, but is not a university, college, | 22 | | accredited degree-granting institution of education, | 23 | | private foundation, hospital, organization engaged | 24 | | exclusively in research or scientific activities, church, | 25 | | synagogue, mosque, or other similar entity organized | 26 | | primarily for religious purposes; or |
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| 1 | | (4) an organization located in a country other than | 2 | | the United States not recognized as a Foreign Public | 3 | | Entity. | 4 | | "Fringe benefits" has the meaning given to that term in 2 | 5 | | CFR 200.431. | 6 | | "Generally Accepted Accounting Principles" has the meaning | 7 | | provided in accounting standards issued by the Government | 8 | | Accounting Standards Board and the Financial Accounting | 9 | | Standards Board. | 10 | | "Generally Accepted Government Auditing Standards" means | 11 | | generally accepted government auditing standards issued by the | 12 | | Comptroller General of the United States that are applicable | 13 | | to financial audits. | 14 | | "Grant agreement" means a legal instrument of financial | 15 | | assistance between an awarding agency or pass-through entity | 16 | | and a non-federal entity that: | 17 | | (1) is used to enter into a relationship, the | 18 | | principal purpose of which is to transfer anything of | 19 | | value from the awarding agency or pass-through entity to | 20 | | the non-federal entity to carry out a public purpose | 21 | | authorized by law and not to acquire property or services | 22 | | for the awarding agency or pass-through entity's direct | 23 | | benefit or use; and | 24 | | (2) is distinguished from a cooperative agreement in | 25 | | that it does not provide for substantial involvement | 26 | | between the awarding agency or pass-through entity and the |
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| 1 | | non-federal entity in carrying out the activity | 2 | | contemplated by the award. | 3 | | "Grant agreement" does not include an agreement that | 4 | | provides only direct cash assistance to an individual, a | 5 | | subsidy, a loan, a loan guarantee, or insurance. | 6 | | "Grant application" means a specified form that is | 7 | | completed by a non-federal entity in connection with a request | 8 | | for a specific funding opportunity or a request for financial | 9 | | support of a project or activity. | 10 | | "Hospital" means a facility licensed as a hospital under | 11 | | the law of any state or a facility operated as a hospital by | 12 | | the United States, a state, or a subdivision of a state. | 13 | | "Illinois Debarred and Suspended List" means the list | 14 | | maintained by the Governor's Office of Management and Budget | 15 | | that contains the names of those individuals and entities that | 16 | | are ineligible, either temporarily or permanently, from | 17 | | receiving an award of grant funds from the State. | 18 | | "Indirect cost" means those costs incurred for a common or | 19 | | joint purpose benefitting more than one cost objective and not | 20 | | readily assignable to the cost objectives specifically | 21 | | benefitted without effort disproportionate to the results | 22 | | achieved. | 23 | | "Inspector General" means the Office of the Executive | 24 | | Inspector General for Executive branch agencies. | 25 | | "Loan" means a State or federal loan or loan guarantee | 26 | | received or administered by a non-federal entity. "Loan" does |
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| 1 | | not include a "program income" as defined in 2 CFR 200.80. | 2 | | "Loan guarantee" means any State or federal government | 3 | | guarantee, insurance, or other pledge with respect to the | 4 | | payment of all or a part of the principal or interest on any | 5 | | debt obligation of a non-federal borrower to a non-federal | 6 | | lender, but does not include the insurance of deposits, | 7 | | shares, or other withdrawable accounts in financial | 8 | | institutions. | 9 | | "Local government" has the meaning provided for the term | 10 | | "units of local government" under Section 1 of Article VII of | 11 | | the Illinois Constitution and includes school districts. | 12 | | "Major program" means a federal program determined by the | 13 | | auditor to be a major program in accordance with 2 CFR 200.518 | 14 | | or a program identified as a major program by a federal | 15 | | awarding agency or pass-through entity in accordance with 2 | 16 | | CFR 200.503(e). | 17 | | "Non-federal entity" means a state, local government, | 18 | | Indian tribe, institution of higher education, or | 19 | | organization, whether nonprofit or for-profit, that carries | 20 | | out a State or federal award as a recipient or subrecipient. | 21 | | "Nonprofit organization" means any corporation, trust, | 22 | | association, cooperative, or other organization, not including | 23 | | institutions of higher education, that: | 24 | | (1) is operated primarily for scientific, educational, | 25 | | service, charitable, or similar purposes in the public | 26 | | interest; |
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| 1 | | (2) is not organized primarily for profit; and | 2 | | (3) uses net proceeds to maintain, improve, or expand | 3 | | the operations of the organization. | 4 | | "Not-for-profit corporation" has the meaning given to that | 5 | | term in Section 101.80 of the General Not For Profit | 6 | | Corporation Act of 1986. | 7 | | "Obligations", when used in connection with a non-federal | 8 | | entity's utilization of funds under an award, means orders | 9 | | placed for property and services, contracts and subawards | 10 | | made, and similar transactions during a given period that | 11 | | require payment by the non-federal entity during the same or a | 12 | | future period. | 13 | | "Office of Management and Budget" means the Office of | 14 | | Management and Budget of the Executive Office of the | 15 | | President. | 16 | | "Other clusters" has the meaning provided by the federal | 17 | | Office of Management and Budget in the compliance supplement | 18 | | or has the meaning as it is designated by a state for federal | 19 | | awards the state provides to its subrecipients that meet the | 20 | | definition of a cluster of programs. When designating an | 21 | | "other cluster", a state must identify the federal awards | 22 | | included in the cluster and advise the subrecipients of | 23 | | compliance requirements applicable to the cluster. | 24 | | "Oversight agency for audit" means the federal awarding | 25 | | agency that provides the predominant amount of funding | 26 | | directly to a non-federal entity not assigned a cognizant |
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| 1 | | agency for audit. When there is no direct funding, the | 2 | | awarding agency that is the predominant source of pass-through | 3 | | funding must assume the oversight responsibilities. The duties | 4 | | of the oversight agency for audit and the process for any | 5 | | reassignments are described in 2 CFR 200.513(b). | 6 | | "Pass-through entity" means a non-federal entity that | 7 | | provides a subaward to a subrecipient to carry out part of a | 8 | | program. | 9 | | "Private award" means an award from a person or entity | 10 | | other than a State or federal entity. Private awards are not | 11 | | subject to the provisions of this Act. | 12 | | "Property" means real property or personal property. | 13 | | "Project cost" means total allowable costs incurred under | 14 | | an award and all required cost sharing and voluntary committed | 15 | | cost sharing, including third-party contributions. | 16 | | "Public institutions of higher education" has the meaning | 17 | | provided in Section 1 of the Board of Higher Education Act. | 18 | | "Recipient" means a non-federal entity that receives an | 19 | | award directly from an awarding agency to carry out an | 20 | | activity under a program. "Recipient" does not include | 21 | | subrecipients. | 22 | | "Research and Development" means all research activities, | 23 | | both basic and applied, and all development activities that | 24 | | are performed by non-federal entities. | 25 | | "Single Audit Act" means the federal Single Audit Act | 26 | | Amendments of 1996 (31 U.S.C. 7501-7507). |
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| 1 | | "State agency" means an Executive branch agency. For | 2 | | purposes of this Act, "State agency" does not include public | 3 | | institutions of higher education. | 4 | | "State award" means the financial assistance that a | 5 | | non-federal entity receives from the State and that is funded | 6 | | with either State funds or federal funds; in the latter case, | 7 | | the State is acting as a pass-through entity. | 8 | | "State awarding agency" means a State agency that provides | 9 | | an award to a non-federal entity. | 10 | | "State grant-making agency" has the same meaning as "State | 11 | | awarding agency". | 12 | | "State interest" means the acquisition or improvement of | 13 | | real property, equipment, or supplies under a State award, the | 14 | | dollar amount that is the product of the State share of the | 15 | | total project costs and current fair market value of the | 16 | | property, improvements, or both, to the extent the costs of | 17 | | acquiring or improving the property were included as project | 18 | | costs. | 19 | | "State program" means any of the following: | 20 | | (1) All State awards which are assigned a single | 21 | | number in the Catalog of State Financial Assistance. | 22 | | (2) When no Catalog of State Financial Assistance | 23 | | number is assigned, all State awards to non-federal | 24 | | entities from the same agency made for the same purpose | 25 | | are considered one program. | 26 | | (3) A cluster of programs as defined in this Section. |
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| 1 | | "State share" means the portion of the total project costs | 2 | | that are paid by State funds. | 3 | | "Stop payment order" means a communication from a State | 4 | | grant-making agency to the Office of the Comptroller, | 5 | | following procedures set out by the Office of the Comptroller, | 6 | | causing the cessation of payments to a recipient or | 7 | | subrecipient as a result of the recipient's or subrecipient's | 8 | | failure to comply with one or more terms of the grant or | 9 | | subaward. | 10 | | "Stop payment procedure" means the procedure created by | 11 | | the Office of the Comptroller which effects a stop payment | 12 | | order and the lifting of a stop payment order upon the request | 13 | | of the State grant-making agency. | 14 | | "Student Financial Aid" means federal awards under those | 15 | | programs of general student assistance, such as those | 16 | | authorized by Title IV of the Higher Education Act of 1965, as | 17 | | amended (20 U.S.C. 1070-1099d), that are administered by the | 18 | | United States Department of Education and similar programs | 19 | | provided by other federal agencies. "Student Financial Aid" | 20 | | does not include federal awards under programs that provide | 21 | | fellowships or similar federal awards to students on a | 22 | | competitive basis or for specified studies or research. | 23 | | "Subaward" means a State or federal award provided by a | 24 | | pass-through entity to a subrecipient for the subrecipient to | 25 | | carry out part of a federal award received by the pass-through | 26 | | entity. "Subaward" does not include payments to a contractor |
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| 1 | | or payments to an individual that is a beneficiary of a federal | 2 | | program. A "subaward" may be provided through any form of | 3 | | legal agreement, including an agreement that the pass-through | 4 | | entity considers a contract. | 5 | | "Subrecipient" means a non-federal entity that receives a | 6 | | State or federal subaward from a pass-through entity to carry | 7 | | out part of a federal program. "Subrecipient" does not include | 8 | | an individual that is a beneficiary of such program. A | 9 | | "subrecipient" may also be a recipient of other State or | 10 | | federal awards directly from a State or federal awarding | 11 | | agency. | 12 | | "Suspension" means a post-award action by the State or | 13 | | federal agency or pass-through entity that temporarily | 14 | | withdraws the State or federal agency's or pass-through | 15 | | entity's financial assistance sponsorship under an award, | 16 | | pending corrective action by the recipient or subrecipient or | 17 | | pending a decision to terminate the award. | 18 | | "Uniform Administrative Requirements, Costs Principles, | 19 | | and Audit Requirements for Federal Awards" means those rules | 20 | | applicable to grants contained in 2 CFR 200. | 21 | | "Unique entity ID" means the number established and | 22 | | assigned by the federal government utilizing the SAM.gov | 23 | | website to uniquely identify entities that apply to receive | 24 | | and report on a federal award. | 25 | | "Voluntary committed cost sharing" means cost sharing | 26 | | specifically pledged on a voluntary basis in the proposal's |
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| 1 | | budget or the award on the part of the non-federal entity and | 2 | | that becomes a binding requirement of the award. | 3 | | (Source: P.A. 100-997, eff. 8-20-18.) | 4 | | (30 ILCS 708/25) | 5 | | Sec. 25. Supplemental rules. On or before July 1, 2017, | 6 | | the Governor's Office of Management and Budget, with the | 7 | | advice and technical assistance of the Illinois Single Audit | 8 | | Commission, shall adopt supplemental rules pertaining to the | 9 | | following: | 10 | | (1) Criteria to define mandatory formula-based grants | 11 | | and discretionary grants. | 12 | | (2) The award of one-year grants for new applicants. | 13 | | (3) The award of competitive grants in 3-year terms | 14 | | (one-year initial terms with the option to renew for up to | 15 | | 2 additional years) to coincide with the federal award. | 16 | | (4) The issuance of grants, including: | 17 | | (A) public notice of announcements of funding | 18 | | opportunities; | 19 | | (B) the development of uniform grant applications; | 20 | | (C) State agency review of merit of proposals and | 21 | | risk posed by applicants; | 22 | | (D) specific conditions for individual recipients | 23 | | (including the use of a fiscal agent and additional | 24 | | corrective conditions); | 25 | | (E) certifications and representations; |
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| 1 | | (F) pre-award costs; | 2 | | (G) performance measures and statewide prioritized | 3 | | goals under Section 50-25 of the State Budget Law of | 4 | | the Civil Administrative Code of Illinois, commonly | 5 | | referred to as "Budgeting for Results"; and | 6 | | (H) for mandatory formula grants, the merit of the | 7 | | proposal and the risk posed should result in | 8 | | additional reporting, monitoring, or measures such as | 9 | | reimbursement-basis only. | 10 | | (5) The development of uniform budget requirements, | 11 | | which shall include: | 12 | | (A) mandatory submission of budgets as part of the | 13 | | grant application process; | 14 | | (B) mandatory requirements regarding contents of | 15 | | the budget including, at a minimum, common detail line | 16 | | items specified under guidelines issued by the | 17 | | Governor's Office of Management and Budget; | 18 | | (C) a requirement that the budget allow | 19 | | flexibility to add lines describing costs that are | 20 | | common for the services provided as outlined in the | 21 | | grant application; | 22 | | (D) a requirement that the budget include | 23 | | information necessary for analyzing cost and | 24 | | performance for use in Budgeting for Results; and | 25 | | (E) caps on the amount of salaries that may be | 26 | | charged to grants , which shall not be less than based |
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| 1 | | on the limitations imposed by federal agencies. | 2 | | (6) The development of pre-qualification requirements | 3 | | for applicants, including the fiscal condition of the | 4 | | organization and the provision of the following | 5 | | information: | 6 | | (A) organization name; | 7 | | (B) Federal Employee Identification Number; | 8 | | (C) unique entity ID Data Universal Numbering | 9 | | System (DUNS) number; | 10 | | (D) fiscal condition; | 11 | | (E) whether the applicant is in good standing with | 12 | | the Secretary of State; | 13 | | (F) (blank); past performance in administering | 14 | | grants; | 15 | | (G) whether the applicant is on the Debarred and | 16 | | Suspended List maintained by the Governor's Office of | 17 | | Management and Budget; | 18 | | (H) whether the applicant is on the federal | 19 | | Excluded Parties List; and | 20 | | (I) whether the applicant is on the Sanctioned | 21 | | Party List maintained by the Illinois Department of | 22 | | Healthcare and Family Services. | 23 | | Pre-qualification requirements may include consideration | 24 | | of past performance in administering grants if past | 25 | | performance failed to meet performance goals, indicators, and | 26 | | milestones. |
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| 1 | | Nothing in this Act affects the provisions of the Fiscal | 2 | | Control and Internal Auditing Act nor the requirement that the | 3 | | management of each State agency is responsible for maintaining | 4 | | effective internal controls under that Act. | 5 | | For public institutions of higher education, the | 6 | | provisions of this Section apply only to awards funded by | 7 | | federal pass-through awards from a State agency to public | 8 | | institutions of higher education. | 9 | | (Source: P.A. 101-81, eff. 7-12-19; 102-626, eff. 8-27-21.) | 10 | | (30 ILCS 708/30) | 11 | | Sec. 30. Catalog of State Financial Assistance. The | 12 | | Catalog of State Financial Assistance is a single, | 13 | | authoritative, statewide, comprehensive source document of | 14 | | State financial assistance program information. The Catalog | 15 | | shall contain, at a minimum, the following information: | 16 | | (1) An introductory section that contains Catalog | 17 | | highlights, an explanation of how to use the Catalog, an | 18 | | explanation of the Catalog and its contents, and suggested | 19 | | grant proposal writing methods and grant application | 20 | | procedures. | 21 | | (2) A comprehensive indexing system that categorizes | 22 | | programs by issuing agency, eligible applicant, | 23 | | application deadlines, function, popular name, and subject | 24 | | area. | 25 | | (3) Comprehensive appendices showing State assistance |
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| 1 | | programs that require coordination through this Act and | 2 | | regulatory, legislative, and Executive Order authority for | 3 | | each program, commonly used abbreviations and acronyms, | 4 | | agency regional and local office addresses, and sources of | 5 | | additional information. | 6 | | (4) A list of programs that have been added to or | 7 | | deleted from the Catalog and the various program numbers | 8 | | and title changes. | 9 | | (5) Program number, title, and popular name, if | 10 | | applicable. | 11 | | (6) The name of the State department or agency or | 12 | | independent agency and primary organization sub-unit | 13 | | administering the program. | 14 | | (7) The enabling legislation, including popular name | 15 | | of the Act, titles and Sections, Public Act number, and | 16 | | citation to the Illinois Compiled Statutes. | 17 | | (8) The type or types of financial and nonfinancial | 18 | | assistance offered by the program. | 19 | | (9) Uses and restrictions placed upon the program. | 20 | | (10) Eligibility requirements, including applicant | 21 | | eligibility criteria, beneficiary eligibility criteria, | 22 | | and required credentials and documentation. | 23 | | (11) Objectives and goals of the program. | 24 | | (12) Information regarding application and award | 25 | | processing; application deadlines; range of approval or | 26 | | disapproval time; appeal procedure; and availability of a |
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| 1 | | renewal or extension of assistance. | 2 | | (13) Assistance considerations, including an | 3 | | explanation of the award formula, matching requirements, | 4 | | and the length and time phasing of the assistance. | 5 | | (14) Post-assistance requirements, including any | 6 | | reports, audits, and records that may be required. | 7 | | (15) Program accomplishments (where available) | 8 | | describing quantitative measures of program performance. | 9 | | (16) Regulations, guidelines, and literature | 10 | | containing citations to the Illinois Administrative Code, | 11 | | the Code of Federal Regulations, and other pertinent | 12 | | informational materials. | 13 | | (17) The names, telephone numbers, and e-mail | 14 | | addresses of persons to be contacted for detailed program | 15 | | information at the headquarters, regional, and local | 16 | | levels. | 17 | | (18) Criteria for Prompt Payment Act eligibility and | 18 | | advanced payment eligibility. | 19 | | (Source: P.A. 98-706, eff. 7-16-14 .) | 20 | | (30 ILCS 708/50) | 21 | | Sec. 50. State grant-making agency responsibilities. | 22 | | (a) The specific requirements and responsibilities of | 23 | | State grant-making agencies and non-federal entities are set | 24 | | forth in this Act. State agencies making State awards to | 25 | | non-federal entities must adopt by rule the language in 2 CFR |
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| 1 | | 200, Subpart C through Subpart F unless different provisions | 2 | | are required by law. | 3 | | (b) Each State grant-making agency shall appoint a Chief | 4 | | Accountability Officer who shall serve as a liaison to the | 5 | | Grant Accountability and Transparency Unit and who shall be | 6 | | responsible for the State agency's implementation of and | 7 | | compliance with the rules. | 8 | | (c) In order to effectively measure the performance of its | 9 | | recipients and subrecipients, each State grant-making agency | 10 | | shall: | 11 | | (1) require its recipients and subrecipients to relate | 12 | | financial data to performance accomplishments of the award | 13 | | and, when applicable, must require recipients and | 14 | | subrecipients to provide cost information to demonstrate | 15 | | cost-effective practices. The recipient's and | 16 | | subrecipient's performance should be measured in a way | 17 | | that will help the State agency to improve program | 18 | | outcomes, share lessons learned, and spread the adoption | 19 | | of promising practices; and | 20 | | (2) provide recipients and subrecipients with clear | 21 | | performance goals, indicators, and milestones and must | 22 | | establish performance reporting frequency and content to | 23 | | not only allow the State agency to understand the | 24 | | recipient's progress, but also to facilitate | 25 | | identification of promising practices among recipients and | 26 | | subrecipients and build the evidence upon which the State |
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| 1 | | agency's program and performance decisions are made. The | 2 | | frequency of reports on performance goals, indicators, and | 3 | | milestones required under this Section shall not be more | 4 | | frequent than quarterly. Nothing in this Section is | 5 | | intended to prohibit more frequent reporting to assess | 6 | | items such as service needs, gaps, or capacity. | 7 | | (c-5) Each State grant-making agency shall, when it is in | 8 | | the best interests of the State, request that the Office of the | 9 | | Comptroller issue a stop payment order in accordance with | 10 | | Section 105 of this Act. | 11 | | (c-6) Upon notification by the Grant Transparency and | 12 | | Accountability Unit that a stop payment order has been | 13 | | requested by a State grant-making agency, each State | 14 | | grant-making agency who has issued a grant to that recipient | 15 | | or subrecipient shall determine if it remains in the best | 16 | | interests of the State to continue to issue payments to the | 17 | | recipient or subrecipient. | 18 | | (d) The Governor's Office of Management and Budget shall | 19 | | provide such advice and technical assistance to the State | 20 | | grant-making agencies as is necessary or indicated in order to | 21 | | ensure compliance with this Act. Advice and technical | 22 | | assistance to State grant-making agencies shall include: | 23 | | (1) training for State agency staff about the criteria | 24 | | for Prompt Payment Act eligibility and advanced payment | 25 | | eligibility; | 26 | | (2) best practices for disseminating information about |
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| 1 | | grant opportunities statewide, with an emphasis on | 2 | | reaching previously underserved communities and new | 3 | | vendors, and | 4 | | (3) the Court of Claims' jurisdiction and process | 5 | | under the Court of Claims Act. | 6 | | (e) In accordance with this Act and the Illinois State | 7 | | Collection Act of 1986, refunds required under the Grant Funds | 8 | | Recovery Act may be referred to the Comptroller's offset | 9 | | system. | 10 | | (Source: P.A. 100-997, eff. 8-20-18.) | 11 | | (30 ILCS 708/65) | 12 | | Sec. 65. Audit requirements. | 13 | | (a) The standards set forth in Subpart F of 2 CFR 200 and | 14 | | any other standards that apply directly to State or federal | 15 | | agencies shall apply to audits of fiscal years beginning on or | 16 | | after December 26, 2014. | 17 | | (b) Books and records must be available for review or | 18 | | audit by appropriate officials of the pass-through entity, and | 19 | | the agency, the Auditor General, the Inspector General, | 20 | | appropriate officials of the agency, and the federal | 21 | | Government Accountability Office. | 22 | | (c) The Governor's Office of Management and Budget, with | 23 | | the advice and technical assistance of the Illinois Single | 24 | | Audit Commission, shall adopt rules for audits of grants from | 25 | | a State or federal pass-through entity that are not subject to |
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| 1 | | the Single Audit Act because the amount of the federal award is | 2 | | less than the amount specified in subparts (a) and (b) of 2 CFR | 3 | | 200.501 $750,000 or the subrecipient is an exempt entity and | 4 | | that are reasonably consistent with 2 CFR 200. | 5 | | (d) This Act does not affect the provisions of the | 6 | | Illinois State Auditing Act and does not address the external | 7 | | audit function of the Auditor General. | 8 | | (Source: P.A. 98-706, eff. 7-16-14 .) | 9 | | (30 ILCS 708/97) (was 30 ILCS 708/520) | 10 | | Sec. 97. Separate accounts for State grant funds. | 11 | | Notwithstanding any provision of law to the contrary, all | 12 | | grants for which advance payments are made and any grant | 13 | | agreement entered into, renewed, or extended on or after | 14 | | August 20, 2018 (the effective date of Public Act 100-997) | 15 | | that permits advanced payments , between a State grant-making | 16 | | agency and a not-for-profit nonprofit organization, shall | 17 | | require the not-for-profit nonprofit organization receiving | 18 | | grant funds to maintain those funds in an account which is | 19 | | separate and distinct from any account holding non-grant | 20 | | funds. Except as otherwise provided in an agreement between a | 21 | | State grant-making agency and a nonprofit organization, the | 22 | | grant funds held in a separate account by a nonprofit | 23 | | organization shall not be used for non-grant-related | 24 | | activities, and any unused grant funds shall be returned to | 25 | | the State grant-making agency. This Section does not apply to |
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| 1 | | grant payments that are made as reimbursements. | 2 | | (Source: P.A. 100-997, eff. 8-20-18; 101-81, eff. 7-12-19.) | 3 | | (30 ILCS 708/125) | 4 | | Sec. 125. Expenditures prior to grant execution; reporting | 5 | | requirements. | 6 | | (a) In the event that a recipient or subrecipient incurs | 7 | | expenses related to the grant award prior to the execution of | 8 | | the grant agreement but within the term of the grant, and the | 9 | | grant agreement is executed more than 30 days after the | 10 | | effective date of the grant, the recipient or subrecipient | 11 | | must submit to the State grant-making agency a report that | 12 | | accounts for eligible grant expenditures and project | 13 | | activities from the effective date of the grant up to and | 14 | | including the date of execution of the grant agreement. If the | 15 | | State grant-making agency does not issue the grant agreement | 16 | | to the recipient within 60 days of the effective date of the | 17 | | grant, interest penalties shall apply pursuant to Section 3-4 | 18 | | of the State Prompt Payment Act. | 19 | | (b) The recipient or subrecipient must submit the report | 20 | | to the State grant-making agency within 30 days of execution | 21 | | of the grant agreement. | 22 | | (c) Only those expenses that are reasonable, allowable, | 23 | | and in furtherance of the purpose of the grant award shall be | 24 | | reimbursed. | 25 | | (d) The State grant-making agency must approve the report |
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| 1 | | prior to issuing any payment to the recipient or subrecipient. | 2 | | (Source: P.A. 100-997, eff. 8-20-18.) | 3 | | (30 ILCS 708/135 new) | 4 | | Sec. 135. Grant Agreement specifications. | 5 | | (a) A grant agreement shall include: | 6 | | (1) the dates on which the State grant-making agency | 7 | | will transmit vouchers to the Comptroller; and | 8 | | (2) whether the grant is eligible under the Prompt | 9 | | Payment Act or for advanced payments. | 10 | | (b) A State agency shall not restrict the amount of money | 11 | | used to pay for fringe benefits. | 12 | | (c) A State agency shall not restrict indirect costs to | 13 | | less than 20% of the grant agreement or the federally | 14 | | negotiated rate, whichever is higher, unless the recipient | 15 | | prefers a lower rate. | 16 | | (d) A State agency shall not restrict direct | 17 | | administrative costs to less than 20% of direct costs in the | 18 | | grant agreement unless the recipient prefers a lower rate. | 19 | | (e) Nothing in this Section shall apply to grants that are | 20 | | solely for the purpose of capital projects. | 21 | | (f) Nothing in this Section shall apply if the grant | 22 | | conflicts with requirements due to federal law or federal | 23 | | grant obligations. | 24 | | Section 25. The Court of Claims Act is amended by changing |
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| 1 | | Sections 4, 6, 9, 10, 11, 13, 16, 19, 21, 22, 23, and 24 and by | 2 | | adding Section 8.1 as follows: | 3 | | (705 ILCS 505/4) (from Ch. 37, par. 439.4) | 4 | | Sec. 4. Each judge shall receive an annual salary of: | 5 | | $68,000 $20,900 from the third Monday in January, 1979 to the | 6 | | third Monday in January, 1980; $22,100 from the third Monday | 7 | | in January, 1980 to the third Monday in January, 1981; $23,400 | 8 | | from the third Monday in January, 1981 to the third Monday in | 9 | | January, 1982, and $25,000 thereafter , or as set by the | 10 | | Compensation Review Board, whichever is greater, payable in | 11 | | equal monthly installments. | 12 | | (Source: P.A. 83-1177.) | 13 | | (705 ILCS 505/6) (from Ch. 37, par. 439.6) | 14 | | Sec. 6. The court shall hold sessions at such places as it | 15 | | deems necessary to expedite the business of the court and may | 16 | | hold sessions in person or remotely. The court may adopt | 17 | | administrative rules to provide for remote participation and | 18 | | electronic filing in any proceeding and for the conduct of any | 19 | | business of the court . | 20 | | (Source: P.A. 90-492, eff. 8-17-97.) | 21 | | (705 ILCS 505/8.1 new) | 22 | | Sec. 8.1. Confirmation of claims. The court must confirm | 23 | | receipt of claim to the vendor within 30 days for all claims |
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| 1 | | arising under paragraph (b) of Section 8 of this Act. The State | 2 | | agency must confirm or reject all claims arising under | 3 | | paragraph (b) of Section 8 of this Act within 30 days after | 4 | | being contacted by the Attorney General. If the State agency | 5 | | does not confirm or reject a claim within 30 days, the State | 6 | | agency forfeits the right to reject or contest the claim. The | 7 | | Comptroller must issue payment to vendors within 30 days of | 8 | | the court entering an award for claims arising under paragraph | 9 | | (b) of Section 8 of this Act, subject to available | 10 | | appropriation. | 11 | | (705 ILCS 505/9) (from Ch. 37, par. 439.9) | 12 | | Sec. 9. Court powers and duties. The court may: | 13 | | (a) The court may establish A. Establish rules for its | 14 | | government and for the regulation of practice therein; appoint | 15 | | commissioners to assist the court in such manner as it directs | 16 | | and discharge them at will; and exercise such powers as are | 17 | | necessary to carry into effect the powers granted in this | 18 | | Section. Any Commissioner appointed shall be an attorney | 19 | | licensed to practice law in the State of Illinois. The rules | 20 | | established hereunder shall not be waived, and any extension | 21 | | of time authorized by such rules shall only be allowed on | 22 | | motion duly filed within the time limitation for which the | 23 | | extension is requested. | 24 | | (b) The court may issue B. Issue subpoenas through the | 25 | | Chief Justice or one of its judges or commissioners to require |
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| 1 | | the attendance of witnesses for the purpose of testifying | 2 | | before it, or before any judge of the court, or before any | 3 | | notary public, or any of its commissioners, and to require the | 4 | | production of any books, records, papers or documents that may | 5 | | be material or relevant as evidence in any matter pending | 6 | | before it. In case any person refuses to comply with any | 7 | | subpoena issued in the name of the chief justice, or one of the | 8 | | judges or commissioners, attested by the clerk, with the seal | 9 | | of the court attached, and served upon the person named | 10 | | therein as a summons in a civil action is served, the circuit | 11 | | court of the proper county, on application of the party at | 12 | | whose instance the subpoena was issued, shall compel obedience | 13 | | by attachment proceedings, as for contempt, as in a case of a | 14 | | disobedience of the requirements of a subpoena from such court | 15 | | on a refusal to testify therein. | 16 | | (c) The court shall create an online portal that allows | 17 | | vendors to submit claims electronically under subsection (b) | 18 | | of Section 8 of this Act, and to view and track the status of | 19 | | their claim and any related documentation. | 20 | | (d) If the court determines that it is unable to process a | 21 | | claim because the bill or invoice contains a defect, the court | 22 | | shall notify the vendor requesting payment not later than 30 | 23 | | days after the bill or invoice was first submitted. The notice | 24 | | shall identify the defect and any additional information | 25 | | necessary to correct the defect. If one or more items on a bill | 26 | | or invoice are disapproved, but not the entire bill or |
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| 1 | | invoice, then the portion that is not disapproved shall be | 2 | | paid. For disapproved portions of a claim, the court shall | 3 | | allow claimants to electronically submit documentation to | 4 | | amend and cure defects through the online portal created by | 5 | | this Act within 30 days after receipt of notice of denied | 6 | | claim. | 7 | | (Source: P.A. 83-865.) | 8 | | (705 ILCS 505/10) (from Ch. 37, par. 439.10) | 9 | | Sec. 10. (a) The judges, commissioners and the clerk of | 10 | | the court may administer oaths and affirmations, take | 11 | | acknowledgments of instruments in writing, and give | 12 | | certificates of them. | 13 | | (b) The clerk of the court may administratively determine | 14 | | certain claims against the State if the claim possesses all of | 15 | | the following characteristics: | 16 | | (1) The claim does not arise under an appropriation | 17 | | for the current fiscal year. | 18 | | (2) The State agency concerned concurs in the claim. | 19 | | (3) The amount claimed does not exceed $2,500. | 20 | | (4) The claim has been approved by the Attorney | 21 | | General as one that, in view of the purposes of this Act, | 22 | | should be paid. | 23 | | The State agency concerned shall prepare the record of the | 24 | | claim consisting of all papers, stipulations, and evidential | 25 | | documents required by the rules of the court and file the same |
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| 1 | | with the clerk. The clerk shall consider the claim informally | 2 | | upon the record submitted. If the clerk determines that the | 3 | | claim should be entered as an approved claim and an award made, | 4 | | the clerk shall so order and shall file a statement with the | 5 | | court. If the clerk finds that the record is inadequate, or | 6 | | that the claim should not be paid, the clerk shall reject the | 7 | | claim. The rejection of a claim under this Section does not bar | 8 | | its resubmission under the regular procedure. | 9 | | (c) The judges, commissioners, and the clerk of the court | 10 | | may conduct any activity of the court remotely. | 11 | | (d) The Court of Claims may adopt administrative rules to | 12 | | implement this Section. | 13 | | (Source: Laws 1945, p. 660.) | 14 | | (705 ILCS 505/11) (from Ch. 37, par. 439.11) | 15 | | Sec. 11. Filing claims. | 16 | | (a) Except as otherwise provided in subsection (b) of this | 17 | | Section and subsection (4) of Section 24, the claimant shall | 18 | | in all cases set forth fully in his petition the claim, the | 19 | | action thereon, if any, on behalf of the State, what persons | 20 | | are owners or trustees as defined under Section 3 of the | 21 | | Charitable Trust Act thereof or interested therein, when and | 22 | | upon what consideration such persons became so interested; | 23 | | that no assignment or transfer of the claim or any part thereof | 24 | | or interest therein has been made, except as stated in the | 25 | | petition; that the claimant is justly entitled to the amount |
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| 1 | | therein claimed from the State of Illinois, after allowing all | 2 | | just credits; and that claimant believes the facts stated in | 3 | | the petition to be true. The petition shall be verified, as to | 4 | | statements of facts, by the affidavit of the claimant, his | 5 | | agent, or attorney. | 6 | | (b) Whenever a person has served a term of imprisonment | 7 | | and has received a pardon by the Governor stating that such | 8 | | pardon was issued on the ground of innocence of the crime for | 9 | | which he or she was imprisoned, the Prisoner Review Board | 10 | | shall transmit this information to the clerk of the Court of | 11 | | Claims, together with the claimant's current address. Whenever | 12 | | a person has served a term of imprisonment and has received a | 13 | | certificate of innocence from the Circuit Court as provided in | 14 | | Section 2-702 of the Code of Civil Procedure, the clerk of the | 15 | | issuing Circuit Court shall transmit this information to the | 16 | | clerk of the Court of Claims, together with the claimant's | 17 | | current address. The clerk of the Court of Claims shall | 18 | | immediately docket the case for consideration by the Court of | 19 | | Claims, and shall provide notice to the claimant of such | 20 | | docketing together with all hearing dates and applicable | 21 | | deadlines. The Court of Claims shall hear the case and render a | 22 | | decision within 90 days after its docketing. | 23 | | (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.) | 24 | | (705 ILCS 505/13) (from Ch. 37, par. 439.13) | 25 | | Sec. 13. Evidence. Any judge or commissioner of the court |
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| 1 | | may sit at any place within the State to take evidence in any | 2 | | case in the court. Any judge or commissioner may take evidence | 3 | | remotely. | 4 | | (Source: Laws 1945, p. 660.) | 5 | | (705 ILCS 505/16) (from Ch. 37, par. 439.16) | 6 | | Sec. 16. Concurrence of judges. Concurrence of 4 judges is | 7 | | necessary to the decision of any case; provided, however, the | 8 | | court in its discretion may assign any case to a commissioner | 9 | | for hearing and final decision, subject to whatever right of | 10 | | review the court by rule may choose to exercise. In matters | 11 | | involving claims made with respect to lapsed appropriations or | 12 | | the award of emergency funds under the Crime Victims | 13 | | Compensation Act, the decision of only one judge is necessary | 14 | | to award emergency funds . | 15 | | (Source: P.A. 92-286, eff. 1-1-02.) | 16 | | (705 ILCS 505/19) (from Ch. 37, par. 439.19) | 17 | | Sec. 19. The Attorney General, or his assistants under his | 18 | | direction, shall appear for the defense and protection of the | 19 | | interests of the State of Illinois in all cases filed in the | 20 | | court, and may make claim for recoupment by the State. | 21 | | For all claims arising under paragraph (b) of Section 8 of | 22 | | this Act: | 23 | | (1) the Attorney General must confirm receipt of the | 24 | | claim to the claimant and contact the State agency within |
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| 1 | | 5 days of receiving the claim from the court to confirm or | 2 | | reject the veracity of the claim. | 3 | | (2) the State agency must confirm or reject the | 4 | | veracity of the claim with the Attorney General's office | 5 | | within 45 days of being contacted by the Attorney General. | 6 | | (3) The Attorney General must notify the claimant of | 7 | | the State agency's decision and file a stipulation or | 8 | | motion with the Court within 30 days of the State agency | 9 | | confirming or rejecting the claim. | 10 | | (Source: Laws 1945, p. 660.) | 11 | | (705 ILCS 505/21) (from Ch. 37, par. 439.21) | 12 | | Sec. 21. The court is authorized to impose, by uniform | 13 | | rules, a fee of $15 for the filing of a petition in any case in | 14 | | which the award sought is more than $500 $50 and less than | 15 | | $10,000 $1,000 and $35 in any case in which the award sought is | 16 | | $10,000 $1,000 or more; and to charge and collect for copies of | 17 | | opinions or other documents filed in the Court of Claims such | 18 | | fees as may be prescribed by the rules of the Court. All fees | 19 | | and charges so collected shall be forthwith paid into the | 20 | | State Treasury. For claims arising from paragraph (b) of | 21 | | Section 8 of this Act, when the Court rules in favor of the | 22 | | vendor, the filing fee shall be refunded to the claimant. The | 23 | | court may determine the form and manner of all filing fees and | 24 | | other charges due the court by rule. | 25 | | A petitioner who is a prisoner in an Illinois Department |
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| 1 | | of Corrections facility who files a pleading, motion, or other | 2 | | filing that purports to be a legal document against the State, | 3 | | the Illinois Department of Corrections, the Prisoner Review | 4 | | Board, or any of their officers or employees in which the court | 5 | | makes a specific finding that it is frivolous shall pay all | 6 | | filing fees and court costs in the manner provided in Article | 7 | | XXII of the Code of Civil Procedure. | 8 | | In claims based upon lapsed appropriations or lost warrant | 9 | | or in claims filed under the Line of Duty Compensation Act, the | 10 | | Illinois National Guardsman's Compensation Act, or the Crime | 11 | | Victims Compensation Act or in claims filed by medical vendors | 12 | | for medical services rendered by the claimant to persons | 13 | | eligible for Medical Assistance under programs administered by | 14 | | the Department of Healthcare and Family Services, no filing | 15 | | fee shall be required. | 16 | | (Source: P.A. 95-331, eff. 8-21-07.) | 17 | | (705 ILCS 505/23) (from Ch. 37, par. 439.23) | 18 | | Sec. 23. Notwithstanding the exceptions for lapsed | 19 | | appropriations as stipulated by subsection (b) of Section 8 of | 20 | | this Act, it It is the policy of the General Assembly to make | 21 | | no appropriation to pay any claim against the State, | 22 | | cognizable by the court, unless an award therefor has been | 23 | | made by the court. | 24 | | (Source: Laws 1945, p. 660.) |
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| 1 | | (705 ILCS 505/24) (from Ch. 37, par. 439.24) | 2 | | Sec. 24. Payment of awards. | 3 | | (1) From funds appropriated by the General Assembly for | 4 | | the purposes of this Section the Court may direct immediate | 5 | | payment of: | 6 | | (a) All claims arising solely as a result of the | 7 | | lapsing of an appropriation out of which the obligation | 8 | | could have been paid. | 9 | | (b) All claims pursuant to the Line of Duty | 10 | | Compensation Act. | 11 | | (c) All claims pursuant to the "Illinois National | 12 | | Guardsman's and Naval Militiaman's Compensation Act", | 13 | | approved August 12, 1971, as amended. | 14 | | (d) All claims pursuant to the "Crime Victims | 15 | | Compensation Act", approved August 23, 1973, as amended. | 16 | | (d-5) All claims against the State for unjust | 17 | | imprisonment as provided in subsection (c) of Section 8 of | 18 | | this Act. | 19 | | (e) All other claims wherein the amount of the award | 20 | | of the Court is less than $50,000. | 21 | | (2) The court may, from funds specifically appropriated | 22 | | from the General Revenue Fund for this purpose, direct the | 23 | | payment of awards less than $100,000 $50,000 solely as a | 24 | | result of the lapsing of an appropriation originally made from | 25 | | any fund held by the State Treasurer. For any such award paid | 26 | | from the General Revenue Fund, the court shall thereafter seek |
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| 1 | | an appropriation from the fund from which the liability | 2 | | originally accrued in reimbursement of the General Revenue | 3 | | Fund. | 4 | | (3) In directing payment of a claim pursuant to the Line of | 5 | | Duty Compensation Act, the Court must direct the Comptroller | 6 | | to add an interest penalty if payment of a claim is not made | 7 | | within 6 months after a claim is filed in accordance with | 8 | | Section 3 of the Line of Duty Compensation Act and all | 9 | | information has been submitted as required under Section 4 of | 10 | | the Line of Duty Compensation Act. If payment is not issued | 11 | | within the 6-month period, an interest penalty of 1% of the | 12 | | amount of the award shall be added for each month or fraction | 13 | | thereof after the end of the 6-month period, until final | 14 | | payment is made. This interest penalty shall be added | 15 | | regardless of whether the payment is not issued within the | 16 | | 6-month period because of the appropriation process, the | 17 | | consideration of the matter by the Court, or any other reason. | 18 | | (3.5) The interest penalty payment provided for in | 19 | | subsection (3) shall be added to all claims for which benefits | 20 | | were not paid as of the effective date of P.A. 95-928. The | 21 | | interest penalty shall be calculated starting from the | 22 | | effective date of P.A. 95-928, provided that the effective | 23 | | date of P.A. 95-928 is at least 6 months after the date on | 24 | | which the claim was filed in accordance with Section 3 of the | 25 | | Line of Duty Compensation Act. In the event that the date 6 | 26 | | months after the date on which the claim was filed is later |
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| 1 | | than the effective date of P.A. 95-928, the Court shall | 2 | | calculate the interest payment penalty starting from the date | 3 | | 6 months after the date on which the claim was filed in | 4 | | accordance with Section 3 of the Line of Duty Compensation | 5 | | Act. This subsection (3.5) of this amendatory Act of the 96th | 6 | | General Assembly is declarative of existing law. | 7 | | (3.6) In addition to the interest payments provided for in | 8 | | subsections (3) and (3.5), the Court shall direct the | 9 | | Comptroller to add a "catch-up" payment to the claims of | 10 | | eligible claimants. For the purposes of this subsection (3.6), | 11 | | an "eligible claimant" is a claimant whose claim is not paid in | 12 | | the year in which it was filed. For purposes of this subsection | 13 | | (3.6), "'catch-up' payment" is defined as the difference | 14 | | between the amount paid to claimants whose claims were filed | 15 | | in the year in which the eligible claimant's claim is paid and | 16 | | the amount paid to claimants whose claims were filed in the | 17 | | year in which the eligible claimant filed his or her claim. The | 18 | | "catch-up" payment is payable simultaneously with the claim | 19 | | award. | 20 | | (4) From funds appropriated by the General Assembly for | 21 | | the purposes of paying claims under paragraph (c) of Section | 22 | | 8, the court must direct payment of each claim and the payment | 23 | | must be received by the claimant within 60 days after the date | 24 | | that the funds are appropriated for that purpose. | 25 | | (Source: P.A. 100-1124, eff. 11-27-18.)". |
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