Full Text of HB3397 95th General Assembly
HB3397 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3397
Introduced 2/26/2007, by Rep. William Davis - David E. Miller SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/25 |
from Ch. 127, par. 161 |
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Amends the State Finance Act. Provides that certain payments for medical and child care services may be paid out of appropriations for those purposes for a fiscal year if the services were rendered in that fiscal year (now, without regard to the fiscal year in which rendered). Allows payment during a 4-month lapse period after the end of the fiscal year. Effective July 1, 2008.
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A BILL FOR
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HB3397 |
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LRB095 10050 RCE 30264 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| Section 25 as follows:
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| (30 ILCS 105/25) (from Ch. 127, par. 161)
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| Sec. 25. Fiscal year limitations.
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| (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
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| 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.
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| (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 , except as otherwise | 18 |
| provided in this Section . Any service involving
professional or | 19 |
| artistic skills or any personal services by an employee whose
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| compensation is subject to income tax withholding must be | 21 |
| performed as of June
30 of the fiscal year in order to be | 22 |
| considered an "outstanding liability as of
June 30" that is | 23 |
| thereby eligible for payment out of the expiring
appropriation.
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| However, payment of tuition reimbursement claims under | 2 |
| Section 14-7.03 or
18-3 of the School Code may be made by the | 3 |
| 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
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| 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.
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| Medical payments for services rendered during the fiscal | 11 |
| year may be made by the Department of Veterans' Affairs , from
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| its
appropriations for those purposes for that
any fiscal year , | 13 |
| out of the expiring appropriations during the 4-month period | 14 |
| ending at the close of business on October 31
, without regard | 15 |
| to the
fact that the medical services being compensated for by | 16 |
| such payment may have
been rendered in a prior fiscal year .
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| Medical payments for services rendered during the fiscal | 18 |
| year may be made by the Department of Healthcare and Family | 19 |
| Services
Public Aid and medical payments for services rendered | 20 |
| during the fiscal year and child care
payments for services | 21 |
| rendered during the fiscal year may be made by the Department | 22 |
| of
Human Services (as successor to the Department of Public | 23 |
| Aid) , from
appropriations for those purposes for that
any | 24 |
| fiscal year , out of the expiring appropriations during the | 25 |
| 4-month period ending at the close of business on October 31
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| without regard to the fact that the medical or child care |
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HB3397 |
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| services being
compensated for by such payment may have been | 2 |
| rendered in a prior fiscal
year ; and payments may be made for | 3 |
| services rendered during the fiscal year at the direction of | 4 |
| the Department of
Central Management Services from the Health | 5 |
| Insurance Reserve Fund and the
Local Government Health | 6 |
| Insurance Reserve Fund , from appropriations for those purposes | 7 |
| for that fiscal year, out of the expiring appropriations during | 8 |
| the 4-month period ending at the close of business on October | 9 |
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without regard to any fiscal
year limitations .
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| Medical payments for services rendered during the fiscal | 11 |
| year may be made by the Department of Human Services , from its | 12 |
| appropriations relating to substance abuse treatment services | 13 |
| for that
any fiscal year , out of the expiring appropriations | 14 |
| during the 4-month period ending at the close of business on | 15 |
| October 31
, without regard to the fact that the medical | 16 |
| services being compensated for by such payment may have been | 17 |
| rendered in a prior fiscal year , provided the payments are made | 18 |
| on a fee-for-service basis consistent with requirements | 19 |
| established for Medicaid reimbursement by the Department of | 20 |
| Healthcare and Family Services
Public Aid . | 21 |
| Additionally, payments may be made by the Department of | 22 |
| Human Services from
its appropriations, or any other State | 23 |
| agency from its appropriations with
the approval of the | 24 |
| Department of Human Services, from the Immigration Reform
and | 25 |
| Control Fund for purposes authorized pursuant to the | 26 |
| Immigration Reform
and Control Act of 1986, without regard to |
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HB3397 |
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| any fiscal year limitations.
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| Further, with respect to costs incurred in fiscal years | 3 |
| 2002 and 2003 only,
payments may be made by the State Treasurer | 4 |
| from its
appropriations
from the Capital Litigation Trust Fund | 5 |
| without regard to any fiscal year
limitations.
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| Lease payments may be made by the Department of Central | 7 |
| Management
Services under the sale and leaseback provisions of
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| Section 7.4 of
the State Property Control Act with respect to | 9 |
| the James R. Thompson Center and
the
Elgin Mental Health Center | 10 |
| and surrounding land from appropriations for that
purpose | 11 |
| without regard to any fiscal year
limitations.
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| Lease payments may be made under the sale and leaseback | 13 |
| provisions of
Section 7.5 of the State Property Control Act | 14 |
| with
respect to the
Illinois State Toll Highway Authority | 15 |
| headquarters building and surrounding
land
without regard to | 16 |
| any fiscal year
limitations.
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| (c) Further, payments for services rendered during the | 18 |
| fiscal year may be made by the Department of Public Health and | 19 |
| the
Department of Human Services (acting as successor to the | 20 |
| Department of Public
Health under the Department of Human | 21 |
| Services Act)
from their respective appropriations for those | 22 |
| purposes for that fiscal year for grants for medical care to or | 23 |
| on
behalf of persons
suffering from chronic renal disease, | 24 |
| persons suffering from hemophilia, rape
victims, and premature | 25 |
| and high-mortality risk infants and their mothers and
for | 26 |
| grants for supplemental food supplies provided under the United |
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| States
Department of Agriculture Women, Infants and Children | 2 |
| Nutrition Program , from appropriations for those purposes for | 3 |
| that fiscal year, out of the expiring appropriations during the | 4 |
| 4-month period ending at the close of business on October 31
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| for any fiscal year without regard to the fact that the | 6 |
| services being
compensated for by such payment may have been | 7 |
| rendered in a prior fiscal year .
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| (d) The Department of Public Health and the Department of | 9 |
| Human Services
(acting as successor to the Department of Public | 10 |
| Health under the Department of
Human Services Act) shall each | 11 |
| annually submit to the State Comptroller, Senate
President, | 12 |
| Senate
Minority Leader, Speaker of the House, House Minority | 13 |
| Leader, and the
respective Chairmen and Minority Spokesmen of | 14 |
| the
Appropriations Committees of the Senate and the House, on | 15 |
| or before
December 31, a report of fiscal year funds used to | 16 |
| pay for services
provided in any prior fiscal year. This report | 17 |
| shall document by program or
service category those | 18 |
| expenditures from the most recently completed fiscal
year used | 19 |
| to pay for services provided in prior fiscal years.
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| (e) The Department of Healthcare and Family Services
Public | 21 |
| Aid , the Department of Human Services
(acting as successor to | 22 |
| the Department of Public Aid), and the Department of Human | 23 |
| Services making fee-for-service payments relating to substance | 24 |
| abuse treatment services provided during a previous fiscal year | 25 |
| shall each annually
submit to the State
Comptroller, Senate | 26 |
| President, Senate Minority Leader, Speaker of the House,
House |
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| Minority Leader, the respective Chairmen and Minority | 2 |
| Spokesmen of the
Appropriations Committees of the Senate and | 3 |
| the House, on or before November
30, a report that shall | 4 |
| document by program or service category those
expenditures from | 5 |
| the most recently completed fiscal year used to pay for (i)
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| services provided in prior fiscal years and (ii) services for | 7 |
| which claims were
received in prior fiscal years.
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| (f) The Department of Human Services (as successor to the | 9 |
| Department of
Public Aid) shall annually submit to the State
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| Comptroller, Senate President, Senate Minority Leader, Speaker | 11 |
| of the House,
House Minority Leader, and the respective | 12 |
| Chairmen and Minority Spokesmen of
the Appropriations | 13 |
| Committees of the Senate and the House, on or before
December | 14 |
| 31, a report
of fiscal year funds used to pay for services | 15 |
| (other than medical care)
provided in any prior fiscal year. | 16 |
| This report shall document by program or
service category those | 17 |
| expenditures from the most recently completed fiscal
year used | 18 |
| to pay for services provided in prior fiscal years.
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| (g) In addition, each annual report required to be | 20 |
| submitted by the
Department of Healthcare and Family Services
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| Public Aid under subsection (e) shall include the following
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| information with respect to the State's Medicaid program:
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| (1) Explanations of the exact causes of the variance | 24 |
| between the previous
year's estimated and actual | 25 |
| liabilities.
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| (2) Factors affecting the Department of Healthcare and |
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| Family Services'
Public Aid's liabilities,
including but | 2 |
| not limited to numbers of aid recipients, levels of medical
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| service utilization by aid recipients, and inflation in the | 4 |
| cost of medical
services.
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| (3) The results of the Department's efforts to combat | 6 |
| fraud and abuse.
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| (h) As provided in Section 4 of the General Assembly | 8 |
| Compensation Act,
any utility bill for service provided to a | 9 |
| General Assembly
member's district office for a period | 10 |
| including portions of 2 consecutive
fiscal years may be paid | 11 |
| from funds appropriated for such expenditure in
either fiscal | 12 |
| year.
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| (i) An agency which administers a fund classified by the | 14 |
| Comptroller as an
internal service fund may issue rules for:
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| (1) billing user agencies in advance for payments or | 16 |
| authorized inter-fund transfers
based on estimated charges | 17 |
| for goods or services;
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| (2) issuing credits, refunding through inter-fund | 19 |
| transfers, or reducing future inter-fund transfers
during
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| the subsequent fiscal year for all user agency payments or | 21 |
| authorized inter-fund transfers received during the
prior | 22 |
| fiscal year which were in excess of the final amounts owed | 23 |
| by the user
agency for that period; and
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| (3) issuing catch-up billings to user agencies
during | 25 |
| the subsequent fiscal year for amounts remaining due when | 26 |
| payments or authorized inter-fund transfers
received from |
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| the user agency during the prior fiscal year were less than | 2 |
| the
total amount owed for that period.
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| User agencies are authorized to reimburse internal service | 4 |
| funds for catch-up
billings by vouchers drawn against their | 5 |
| respective appropriations for the
fiscal year in which the | 6 |
| catch-up billing was issued or by increasing an authorized | 7 |
| inter-fund transfer during the current fiscal year. For the | 8 |
| purposes of this Act, "inter-fund transfers" means transfers | 9 |
| without the use of the voucher-warrant process, as authorized | 10 |
| by Section 9.01 of the State Comptroller Act.
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| (Source: P.A. 92-885, eff. 1-13-03; 93-19, eff. 6-20-03; | 12 |
| 93-839, eff. 7-30-04; 93-841, eff. 7-30-04; revised 12-15-05.)
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| Section 99. Effective date. This Act takes effect July 1, | 14 |
| 2008.
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