Full Text of SB2172 97th General Assembly
SB2172enr 97TH GENERAL ASSEMBLY |
| | SB2172 Enrolled | | LRB097 09019 PJG 49153 b |
|
| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by changing | 5 | | Section 25 as follows:
| 6 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
| 7 | | Sec. 25. Fiscal year limitations.
| 8 | | (a) All appropriations shall be
available for expenditure | 9 | | for the fiscal year or for a lesser period if the
Act making | 10 | | that appropriation so specifies. A deficiency or emergency
| 11 | | appropriation shall be available for expenditure only through | 12 | | June 30 of
the year when the Act making that appropriation is | 13 | | enacted unless that Act
otherwise provides.
| 14 | | (b) Outstanding liabilities as of June 30, payable from | 15 | | appropriations
which have otherwise expired, may be paid out of | 16 | | the expiring
appropriations during the 2-month period ending at | 17 | | the
close of business on August 31. Any service involving
| 18 | | professional or artistic skills or any personal services by an | 19 | | employee whose
compensation is subject to income tax | 20 | | withholding must be performed as of June
30 of the fiscal year | 21 | | in order to be considered an "outstanding liability as of
June | 22 | | 30" that is thereby eligible for payment out of the expiring
| 23 | | appropriation.
|
| | | SB2172 Enrolled | - 2 - | LRB097 09019 PJG 49153 b |
|
| 1 | | (b-1) However, payment of tuition reimbursement claims | 2 | | under Section 14-7.03 or
18-3 of the School Code may be made by | 3 | | the State Board of Education from its
appropriations for those | 4 | | respective purposes for any fiscal year, even though
the claims | 5 | | reimbursed by the payment may be claims attributable to a prior
| 6 | | fiscal year, and payments may be made at the direction of the | 7 | | State
Superintendent of Education from the fund from which the | 8 | | appropriation is made
without regard to any fiscal year | 9 | | limitations, except as required by subsection (j) of this | 10 | | Section. Beginning on June 30, 2021, payment of tuition | 11 | | reimbursement claims under Section 14-7.03 or 18-3 of the | 12 | | School Code as of June 30, payable from appropriations that | 13 | | have otherwise expired, may be paid out of the expiring | 14 | | appropriation during the 4-month period ending at the close of | 15 | | business on October 31.
| 16 | | (b-2) All outstanding liabilities as of June 30, 2010, | 17 | | payable from appropriations that would otherwise expire at the | 18 | | conclusion of the lapse period for fiscal year 2010, and | 19 | | interest penalties payable on those liabilities under the State | 20 | | Prompt Payment Act, may be paid out of the expiring | 21 | | appropriations until December 31, 2010, without regard to the | 22 | | fiscal year in which the payment is made, as long as vouchers | 23 | | for the liabilities are received by the Comptroller no later | 24 | | than August 31, 2010. | 25 | | (b-2.5) All outstanding liabilities as of June 30, 2011, | 26 | | payable from appropriations that would otherwise expire at the |
| | | SB2172 Enrolled | - 3 - | LRB097 09019 PJG 49153 b |
|
| 1 | | conclusion of the lapse period for fiscal year 2011, and | 2 | | interest penalties payable on those liabilities under the State | 3 | | Prompt Payment Act, may be paid out of the expiring | 4 | | appropriations until December 31, 2011, without regard to the | 5 | | fiscal year in which the payment is made, as long as vouchers | 6 | | for the liabilities are received by the Comptroller no later | 7 | | than August 31, 2011. | 8 | | (b-3) Medical payments may be made by the Department of | 9 | | Veterans' Affairs from
its
appropriations for those purposes | 10 | | for any fiscal year, without regard to the
fact that the | 11 | | medical services being compensated for by such payment may have
| 12 | | been rendered in a prior fiscal year, except as required by | 13 | | subsection (j) of this Section. Beginning on June 30, 2021, | 14 | | medical payments payable from appropriations that have | 15 | | otherwise expired may be paid out of the expiring appropriation | 16 | | during the 4-month period ending at the close of business on | 17 | | October 31.
| 18 | | (b-4) Medical payments may be made by the Department of | 19 | | Healthcare and Family Services and medical payments and child | 20 | | care
payments may be made by the Department of
Human Services | 21 | | (as successor to the Department of Public Aid) from
| 22 | | appropriations for those purposes for any fiscal year,
without | 23 | | regard to the fact that the medical or child care services | 24 | | being
compensated for by such payment may have been rendered in | 25 | | a prior fiscal
year; and payments may be made at the direction | 26 | | of the Department of
Healthcare and Family Services from the |
| | | SB2172 Enrolled | - 4 - | LRB097 09019 PJG 49153 b |
|
| 1 | | Health Insurance Reserve Fund and the
Local Government Health | 2 | | Insurance Reserve Fund without regard to any fiscal
year | 3 | | limitations, except as required by subsection (j) of this | 4 | | Section. Beginning on June 30, 2021, medical payments made by | 5 | | the Department of Healthcare and Family Services, child care | 6 | | payments made by the Department of Human Services, and payments | 7 | | made at the discretion of the Department of Healthcare and | 8 | | Family Services from the Health Insurance Reserve Fund and the | 9 | | Local Government Health Insurance Reserve Fund payable from | 10 | | appropriations that have otherwise expired may be paid out of | 11 | | the expiring appropriation during the 4-month period ending at | 12 | | the close of business on October 31.
| 13 | | (b-5) Medical payments may be made by the Department of | 14 | | Human Services from its appropriations relating to substance | 15 | | abuse treatment services for any fiscal year, without regard to | 16 | | the fact that the medical services being compensated for by | 17 | | such payment may have been rendered in a prior fiscal year, | 18 | | provided the payments are made on a fee-for-service basis | 19 | | consistent with requirements established for Medicaid | 20 | | reimbursement by the Department of Healthcare and Family | 21 | | Services, except as required by subsection (j) of this Section. | 22 | | Beginning on June 30, 2021, medical payments made by the | 23 | | Department of Human Services relating to substance abuse | 24 | | treatment services payable from appropriations that have | 25 | | otherwise expired may be paid out of the expiring appropriation | 26 | | during the 4-month period ending at the close of business on |
| | | SB2172 Enrolled | - 5 - | LRB097 09019 PJG 49153 b |
|
| 1 | | October 31. | 2 | | (b-6) Additionally, payments may be made by the Department | 3 | | of Human Services from
its appropriations, or any other State | 4 | | agency from its appropriations with
the approval of the | 5 | | Department of Human Services, from the Immigration Reform
and | 6 | | Control Fund for purposes authorized pursuant to the | 7 | | Immigration Reform
and Control Act of 1986, without regard to | 8 | | any fiscal year limitations, except as required by subsection | 9 | | (j) of this Section. Beginning on June 30, 2021, payments made | 10 | | by the Department of Human Services from the Immigration Reform | 11 | | and Control Fund for purposes authorized pursuant to the | 12 | | Immigration Reform and Control Act of 1986 payable from | 13 | | appropriations that have otherwise expired may be paid out of | 14 | | the expiring appropriation during the 4-month period ending at | 15 | | the close of business on October 31.
| 16 | | (b-7) Payments may be made in accordance with a plan | 17 | | authorized by paragraph (11) or (12) of Section 405-105 of the | 18 | | Department of Central Management Services Law from | 19 | | appropriations for those payments without regard to fiscal year | 20 | | limitations. | 21 | | (c) Further, payments may be made by the Department of | 22 | | Public Health, the
Department of Human Services (acting as | 23 | | successor to the Department of Public
Health under the | 24 | | Department of Human Services Act), and the Department of | 25 | | Healthcare and Family Services
from their respective | 26 | | appropriations for grants for medical care to or on
behalf of |
| | | SB2172 Enrolled | - 6 - | LRB097 09019 PJG 49153 b |
|
| 1 | | persons
suffering from chronic renal disease, persons | 2 | | suffering from hemophilia, rape
victims, and premature and | 3 | | high-mortality risk infants and their mothers and
for grants | 4 | | for supplemental food supplies provided under the United States
| 5 | | Department of Agriculture Women, Infants and Children | 6 | | Nutrition Program,
for any fiscal year without regard to the | 7 | | fact that the services being
compensated for by such payment | 8 | | may have been rendered in a prior fiscal year, except as | 9 | | required by subsection (j) of this Section. Beginning on June | 10 | | 30, 2021, payments made by the Department of Public Health, the | 11 | | Department of Human Services, and the Department of Healthcare | 12 | | and Family Services from their respective appropriations for | 13 | | grants for medical care to or on behalf of persons suffering | 14 | | from chronic renal disease, persons suffering from hemophilia, | 15 | | rape victims, and premature and high-mortality risk infants and | 16 | | their mothers and for grants for supplemental food supplies | 17 | | provided under the United States Department of Agriculture | 18 | | Women, Infants and Children Nutrition Program payable from | 19 | | appropriations that have otherwise expired may be paid out of | 20 | | the expiring appropriations during the 4-month period ending at | 21 | | the close of business on October 31.
| 22 | | (d) The Department of Public Health and the Department of | 23 | | Human Services
(acting as successor to the Department of Public | 24 | | Health under the Department of
Human Services Act) shall each | 25 | | annually submit to the State Comptroller, Senate
President, | 26 | | Senate
Minority Leader, Speaker of the House, House Minority |
| | | SB2172 Enrolled | - 7 - | LRB097 09019 PJG 49153 b |
|
| 1 | | Leader, and the
respective Chairmen and Minority Spokesmen of | 2 | | the
Appropriations Committees of the Senate and the House, on | 3 | | or before
December 31, a report of fiscal year funds used to | 4 | | pay for services
provided in any prior fiscal year. This report | 5 | | shall document by program or
service category those | 6 | | expenditures from the most recently completed fiscal
year used | 7 | | to pay for services provided in prior fiscal years.
| 8 | | (e) The Department of Healthcare and Family Services, the | 9 | | Department of Human Services
(acting as successor to the | 10 | | Department of Public Aid), and the Department of Human Services | 11 | | making fee-for-service payments relating to substance abuse | 12 | | treatment services provided during a previous fiscal year shall | 13 | | each annually
submit to the State
Comptroller, Senate | 14 | | President, Senate Minority Leader, Speaker of the House,
House | 15 | | Minority Leader, the respective Chairmen and Minority | 16 | | Spokesmen of the
Appropriations Committees of the Senate and | 17 | | the House, on or before November
30, a report that shall | 18 | | document by program or service category those
expenditures from | 19 | | the most recently completed fiscal year used to pay for (i)
| 20 | | services provided in prior fiscal years and (ii) services for | 21 | | which claims were
received in prior fiscal years.
| 22 | | (f) The Department of Human Services (as successor to the | 23 | | Department of
Public Aid) shall annually submit to the State
| 24 | | Comptroller, Senate President, Senate Minority Leader, Speaker | 25 | | of the House,
House Minority Leader, and the respective | 26 | | Chairmen and Minority Spokesmen of
the Appropriations |
| | | SB2172 Enrolled | - 8 - | LRB097 09019 PJG 49153 b |
|
| 1 | | Committees of the Senate and the House, on or before
December | 2 | | 31, a report
of fiscal year funds used to pay for services | 3 | | (other than medical care)
provided in any prior fiscal year. | 4 | | This report shall document by program or
service category those | 5 | | expenditures from the most recently completed fiscal
year used | 6 | | to pay for services provided in prior fiscal years.
| 7 | | (g) In addition, each annual report required to be | 8 | | submitted by the
Department of Healthcare and Family Services | 9 | | under subsection (e) shall include the following
information | 10 | | with respect to the State's Medicaid program:
| 11 | | (1) Explanations of the exact causes of the variance | 12 | | between the previous
year's estimated and actual | 13 | | liabilities.
| 14 | | (2) Factors affecting the Department of Healthcare and | 15 | | Family Services' liabilities,
including but not limited to | 16 | | numbers of aid recipients, levels of medical
service | 17 | | utilization by aid recipients, and inflation in the cost of | 18 | | medical
services.
| 19 | | (3) The results of the Department's efforts to combat | 20 | | fraud and abuse.
| 21 | | (h) As provided in Section 4 of the General Assembly | 22 | | Compensation Act,
any utility bill for service provided to a | 23 | | General Assembly
member's district office for a period | 24 | | including portions of 2 consecutive
fiscal years may be paid | 25 | | from funds appropriated for such expenditure in
either fiscal | 26 | | year.
|
| | | SB2172 Enrolled | - 9 - | LRB097 09019 PJG 49153 b |
|
| 1 | | (i) An agency which administers a fund classified by the | 2 | | Comptroller as an
internal service fund may issue rules for:
| 3 | | (1) billing user agencies in advance for payments or | 4 | | authorized inter-fund transfers
based on estimated charges | 5 | | for goods or services;
| 6 | | (2) issuing credits, refunding through inter-fund | 7 | | transfers, or reducing future inter-fund transfers
during
| 8 | | the subsequent fiscal year for all user agency payments or | 9 | | authorized inter-fund transfers received during the
prior | 10 | | fiscal year which were in excess of the final amounts owed | 11 | | by the user
agency for that period; and
| 12 | | (3) issuing catch-up billings to user agencies
during | 13 | | the subsequent fiscal year for amounts remaining due when | 14 | | payments or authorized inter-fund transfers
received from | 15 | | the user agency during the prior fiscal year were less than | 16 | | the
total amount owed for that period.
| 17 | | User agencies are authorized to reimburse internal service | 18 | | funds for catch-up
billings by vouchers drawn against their | 19 | | respective appropriations for the
fiscal year in which the | 20 | | catch-up billing was issued or by increasing an authorized | 21 | | inter-fund transfer during the current fiscal year. For the | 22 | | purposes of this Act, "inter-fund transfers" means transfers | 23 | | without the use of the voucher-warrant process, as authorized | 24 | | by Section 9.01 of the State Comptroller Act.
| 25 | | (i-1) Beginning on July 1, 2021, all outstanding | 26 | | liabilities, not payable during the 4-month lapse period as |
| | | SB2172 Enrolled | - 10 - | LRB097 09019 PJG 49153 b |
|
| 1 | | described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | 2 | | (c) of this Section, that are made from appropriations for that | 3 | | purpose for any fiscal year, without regard to the fact that | 4 | | the services being compensated for by those payments may have | 5 | | been rendered in a prior fiscal year, are limited to only those | 6 | | claims that have been incurred but for which a proper bill or | 7 | | invoice as defined by the State Prompt Payment Act has not been | 8 | | received by September 30th following the end of the fiscal year | 9 | | in which the service was rendered. | 10 | | (j) Notwithstanding any other provision of this Act, the | 11 | | aggregate amount of payments to be made without regard for | 12 | | fiscal year limitations as contained in subsections (b-1), | 13 | | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | 14 | | determined by using Generally Accepted Accounting Principles, | 15 | | shall not exceed the following amounts: | 16 | | (1) $6,000,000,000 for outstanding liabilities related | 17 | | to fiscal year 2012; | 18 | | (2) $5,300,000,000 for outstanding liabilities related | 19 | | to fiscal year 2013; | 20 | | (3) $4,600,000,000 for outstanding liabilities related | 21 | | to fiscal year 2014; | 22 | | (4) $4,000,000,000 for outstanding liabilities related | 23 | | to fiscal year 2015; | 24 | | (5) $3,300,000,000 for outstanding liabilities related | 25 | | to fiscal year 2016; | 26 | | (6) $2,600,000,000 for outstanding liabilities related |
| | | SB2172 Enrolled | - 11 - | LRB097 09019 PJG 49153 b |
|
| 1 | | to fiscal year 2017; | 2 | | (7) $2,000,000,000 for outstanding liabilities related | 3 | | to fiscal year 2018; | 4 | | (8) $1,300,000,000 for outstanding liabilities related | 5 | | to fiscal year 2019; | 6 | | (9) $600,000,000 for outstanding liabilities related | 7 | | to fiscal year 2020; and | 8 | | (10) $0 for outstanding liabilities related to fiscal | 9 | | year 2021 and fiscal years thereafter. | 10 | | (Source: P.A. 95-331, eff. 8-21-07; 96-928, eff. 6-15-10; | 11 | | 96-958, eff. 7-1-10; 96-1501, eff. 1-25-11.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
|
|