|
The Real Estate Appraiser Licensing Act of 2002. |
The Water Well and Pump Installation Contractor's License |
Act. |
(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; |
101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
|
(5 ILCS 80/4.34) |
Sec. 4.34. Acts and Section repealed on January 1, 2024. |
The following Acts and
Section of an Act are repealed
on |
January 1, 2024: |
The Crematory Regulation Act. |
The Electrologist Licensing Act. |
The Illinois Certified Shorthand Reporters Act of |
1984. |
The Illinois Occupational Therapy Practice Act. |
The Illinois Public Accounting Act. |
The Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of 2004. |
The Registered Surgical Assistant and Registered |
Surgical Technologist
Title Protection Act. |
Section 2.5 of the Illinois Plumbing License Law.
|
The Veterinary Medicine and Surgery Practice Act of |
2004. |
(Source: P.A. 98-140, eff. 12-31-13; 98-253, eff. 8-9-13; |
98-254, eff. 8-9-13; 98-264, eff. 12-31-13; 98-339, eff. |
12-31-13; 98-363, eff. 8-16-13; 98-364, eff. 12-31-13; 98-445, |
|
eff. 12-31-13; 98-756, eff. 7-16-14.)
|
Section 5. The Voluntary Payroll Deductions Act of 1983 is |
amended by changing Sections 3, 5, and 7 as follows:
|
(5 ILCS 340/3) (from Ch. 15, par. 503)
|
Sec. 3. Definitions. As used in this Act unless the |
context otherwise
requires:
|
(a) "Employee" means any regular officer or employee who |
receives salary
or wages for personal services rendered to the |
State of Illinois, and
includes an individual hired as an |
employee by contract with that individual.
|
(b) "Qualified organization" means an organization |
representing one or
more benefiting agencies, which |
organization is designated by the State
Comptroller as |
qualified to receive payroll deductions under this Act.
An |
organization desiring to be designated as a qualified |
organization shall:
|
(1) Submit written or electronic designations on forms |
approved by the State Comptroller
by 500 or more employees |
or State annuitants, in which such employees
or State |
annuitants indicate that the organization is one for which |
the
employee or State annuitant intends to authorize |
withholding. The forms
shall require the name, last 4 |
digits only of the social security number,
and employing |
State agency
for
each employee. Upon notification by the |
|
Comptroller that such forms have been
approved, the |
organization shall, within 30 days, notify in writing the |
Comptroller
Governor or his or her designee of its |
intention to obtain the required
number of designations. |
Such organization shall have 12 months from that
date to |
obtain the necessary
designations and return to the State |
Comptroller's office the completed
designations, which |
shall
be subject to verification procedures established by |
the State Comptroller;
|
(2) Certify that all benefiting agencies are tax |
exempt under Section
501(c)(3) of the Internal Revenue |
Code;
|
(3) Certify that all benefiting agencies are in |
compliance with the
Illinois Human Rights Act;
|
(4) Certify that all benefiting agencies are in |
compliance with
the Charitable Trust Act and the |
Solicitation for Charity Act;
|
(5) Certify that all benefiting agencies actively |
conduct health or
welfare programs and provide services to |
individuals directed at one or
more of the following |
common human needs within a community: service,
research, |
and education in the health fields; family and child care
|
services; protective services for children and adults; |
services for
children and adults in foster care; services |
related to the management and
maintenance of the home; day |
care services for adults; transportation
services; |
|
information, referral and counseling services; services to
|
eliminate illiteracy; the preparation and delivery of |
meals; adoption
services; emergency shelter care and |
relief services; disaster relief services;
safety |
services; neighborhood and community organization |
services; recreation
services; social adjustment and |
rehabilitation services; health support
services; or a |
combination of such services designed to meet the special
|
needs of specific groups, such as children and youth, the |
ill and infirm,
and persons with physical disabilities; |
and that all such benefiting agencies
provide the above |
described services to individuals and their families
in |
the community and surrounding area in which the |
organization conducts
its fund drive, or that such |
benefiting agencies provide relief to victims
of natural |
disasters and other emergencies on a where and as needed |
basis;
|
(6) Certify that the organization has disclosed the |
percentage of
the organization's total collected receipts |
from employees or State
annuitants that are distributed to |
the benefiting agencies and the
percentage of the |
organization's total collected receipts from employees
or |
State annuitants that are expended
for fund-raising and |
overhead costs. These percentages shall be the same
|
percentage figures annually disclosed by the organization |
to the Attorney
General. The disclosure shall be made to |
|
all solicited employees and State
annuitants and shall
be |
in the form of a factual statement on all petitions and in |
the campaign's
brochures for employees and State |
annuitants;
|
(7) Certify that all benefiting agencies receiving |
funds which the
employee or State annuitant has requested |
or designated for distribution
to a particular community |
and surrounding area use a majority of such funds
|
distributed for services in the actual provision of |
services in that community
and surrounding area;
|
(8) Certify that neither it nor its member |
organizations will solicit
State employees for |
contributions at their workplace, except pursuant to
this |
Act and the rules promulgated thereunder. Each qualified
|
organization, and each participating United Fund, is |
encouraged
to cooperate with all others and with all State |
agencies
and educational institutions so as to simplify |
procedures, to resolve
differences and to minimize costs;
|
(9) Certify that it will pay its share of the campaign |
costs and will
comply with the Code of Campaign Conduct as |
approved by the Comptroller Governor or other
agency as |
designated by the Comptroller Governor; and
|
(10) Certify that it maintains a year-round office, |
the telephone number,
and person responsible for the |
operations of the organization in Illinois.
That |
information shall be provided to the State Comptroller at |
|
the time the
organization is seeking participation under |
this Act.
|
Each qualified organization shall submit to the State |
Comptroller between
January 1 and March 1 of each year, a |
statement that the organization is in
compliance with all of |
the requirements set forth in paragraphs (2) through
(10). The |
State Comptroller shall exclude any organization that fails to
|
submit the statement from the next solicitation period.
|
In order to be designated as a qualified organization, the |
organization shall
have existed at least 2 years prior to |
submitting the written or electronic designation forms
|
required in paragraph (1) and shall certify to the State |
Comptroller that such
organization has been providing services |
described in paragraph (5) in
Illinois. If the organization |
seeking designation represents more than one
benefiting |
agency, it need not have existed for 2 years but shall certify |
to
the State Comptroller that each of its benefiting agencies |
has existed for at
least 2 years prior to submitting the |
written or electronic designation forms required in
paragraph |
(1) and that each has been providing services described in |
paragraph
(5) in Illinois.
|
Organizations which have met the requirements of this Act |
shall be
permitted to participate in the State and |
Universities Combined Appeal as
of January 1st of the year |
immediately following their approval by the
Comptroller.
|
Where the certifications described in paragraphs (2), (3), |
|
(4),
(5), (6), (7), (8), (9), and (10) above are made by an |
organization
representing more than
one benefiting agency they |
shall be based upon the knowledge and belief of
such qualified |
organization. Any qualified organization shall immediately
|
notify the State Comptroller in writing if the qualified |
organization
receives information or otherwise believes that a |
benefiting agency is no
longer in compliance with the |
certification of the qualified organization.
A qualified |
organization representing more than one benefiting agency |
shall
thereafter withhold and refrain from distributing to |
such benefiting agency
those funds received pursuant to this |
Act until the benefiting agency is
again in compliance with |
the qualified organization's certification. The
qualified |
organization shall immediately notify the State Comptroller of
|
the benefiting agency's resumed compliance with the |
certification, based
upon the qualified organization's |
knowledge and belief, and shall pay over
to the benefiting |
agency those funds previously withheld.
|
In order to qualify, a qualified organization must receive |
250 deduction pledges from the immediately preceding |
solicitation period as set forth in Section 6. The Comptroller |
shall, by February 1st of each year, so notify any
qualified |
organization that failed to receive the minimum deduction |
requirement. The notification shall give such qualified
|
organization until March 1st to provide the Comptroller with |
documentation
that the minimum deduction requirement has been |
|
met. On the basis of all the
documentation, the Comptroller |
shall, by March 15th of each year, make publicly available |
submit to
the Governor or his or her designee, or such other |
agency as may be
determined by the Governor, a list of all |
organizations which have met the minimum
payroll deduction |
requirement. Only those organizations which have met such
|
requirements, as well as the other requirements of this |
Section, shall be
permitted to solicit State employees or |
State annuitants for voluntary
contributions, and the |
Comptroller shall discontinue withholding for any
such |
organization which fails to meet these requirements, except |
qualified organizations that received deduction pledges during |
the 2004 solicitation period are deemed to be qualified for |
the 2005 solicitation period.
|
(c) "United Fund" means the organization conducting the |
single, annual,
consolidated effort to secure funds for |
distribution to agencies engaged
in charitable and public |
health, welfare and services purposes, which is
commonly known |
as the United Fund, or the organization which serves in place
|
of the United Fund organization in communities where an |
organization known
as the United Fund is not organized.
|
In order for a United Fund to participate in the State and |
Universities
Employees Combined Appeal, it shall comply with |
the provisions of paragraph (9)
of subsection (b).
|
(d) "State and Universities Employees Combined Appeal",
|
otherwise known as "SECA", means the State-directed joint |
|
effort of all of the
qualified organizations, together with |
the United Funds, for the solicitation
of voluntary |
contributions from State and University employees and State
|
annuitants.
|
(e) "Retirement system" means any or all of the following: |
the General
Assembly Retirement System, the State Employees' |
Retirement System of Illinois,
the State Universities |
Retirement System, the Teachers' Retirement System of
the |
State of Illinois, and the Judges Retirement System.
|
(f) "State annuitant" means a person receiving an annuity |
or disability
benefit under Article 2, 14, 15, 16, or 18 of the |
Illinois Pension Code.
|
(Source: P.A. 99-143, eff. 7-27-15.)
|
(5 ILCS 340/5) (from Ch. 15, par. 505)
|
Sec. 5. Rules; Advisory Committee. The State Comptroller |
shall
promulgate and issue reasonable rules and regulations as |
deemed necessary for
the administration of this Act.
|
All However, all solicitations of State employees for |
contributions at their
workplace and all solicitations of |
State annuitants for contributions
shall be in accordance with |
rules promulgated by the Comptroller Governor or his
or her |
designee or other agency as may be designated by the |
Comptroller Governor.
All solicitations of State annuitants |
for contributions shall also be in
accordance with the rules |
promulgated by the applicable retirement system.
|
|
The rules promulgated by the Comptroller Governor or his |
or her designee or other
agency as designated by the |
Comptroller Governor shall include a Code of Campaign Conduct
|
that all qualified organizations and United Funds shall |
subscribe to in
writing, sanctions for violations of the Code |
of Campaign Conduct,
provision for the handling of cash |
contributions, provision for an Advisory
Committee, provisions |
for the allocation of expenses among the participating
|
organizations, an organizational plan and structure whereby |
responsibilities
are set forth for the appropriate State |
employees or State annuitants and
the participating |
organizations, and any other matters that are necessary to
|
accomplish the purposes of this Act.
|
The Comptroller Governor or the Comptroller's Governor's |
designee shall promulgate rules to establish
the composition |
and the duties of the Advisory Committee. The Comptroller |
Governor or the Comptroller's
Governor's designee shall make |
appointments to the Advisory Committee. The
powers of the |
Advisory Committee shall include, at a minimum, the ability to
|
impose the sanctions authorized by rule. Each State agency and |
each
retirement system shall file an annual report that sets
|
forth, for the prior calendar year, (i) the total amount of |
money
contributed to each qualified organization and united |
fund through both
payroll deductions and cash contributions, |
(ii) the number of employees or
State annuitants who have |
contributed to each qualified organization and
united fund, |
|
and (iii) any other information required by the rules. The |
report
shall not include the names of any contributing or |
non-contributing employees
or State annuitants. The report |
shall be filed with the
Advisory Committee no later than March |
15. The report shall be available for
inspection.
|
Other constitutional officers, retirement systems, the |
University of
Illinois, Southern Illinois University, Chicago |
State University, Eastern
Illinois University, Governors State |
University, Illinois State University,
Northeastern Illinois |
University, Northern Illinois University, and Western
Illinois |
University shall be governed by the rules promulgated pursuant |
to this
Section, unless such entities adopt their own rules |
governing solicitation of
contributions at the workplace.
|
All rules promulgated pursuant to this Section shall not |
discriminate
against one or more qualified organizations or |
United Funds.
|
(Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
|
(5 ILCS 340/7) (from Ch. 15, par. 507)
|
Sec. 7.
Notwithstanding any other provision of this Act, a
|
participating organization or a United Fund may be denied |
participation in
SECA for willful failure to comply with the |
provisions of paragraph (9) of
subsection (b) of Section 3 of |
this Act. The agency designated by the Comptroller
Governor |
under paragraph (9) of subsection (b) of Section 3 of this Act
|
shall adopt rules
providing for procedures for review by the |
|
agency of alleged violations of that
paragraph and appropriate |
remedial sanctions for noncompliance. The rules
shall include |
an appeal procedure for any affected participating |
organization
or United Fund. The agency designated by the |
Comptroller Governor shall notify the
Comptroller immediately |
of any final decision to remove a qualified
organization or |
United Fund from participation in SECA.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
Section 10. The State Comptroller Act is amended by |
changing Sections 17 and 19.5 and by adding Section 28 as |
follows:
|
(15 ILCS 405/17) (from Ch. 15, par. 217)
|
Sec. 17. Inventory control records. The comptroller shall |
maintain current
inventory records of property held by or on |
behalf of the State or any
State agency, which may be copies of |
the official inventory control records
maintained by State |
agencies or summaries thereof. The Office of the Comptroller |
shall define reporting requirements and thresholds to be used |
by State agencies in the Comptroller's Statewide Accounting |
Management System (SAMS) manual. The Department of Central
|
Management Services and each other State agency so
holding |
such property shall report to the comptroller, on forms |
prescribed
by the comptroller, all property acquired or |
disposed of by that agency,
in such detail and at such times as |
|
the comptroller requires, by rule, to
maintain accurate,
|
current inventory records. The Department of Central |
Management
Services shall transmit to the comptroller a |
certified copy of all reports
it may issue concerning State |
property, including its annual report.
|
(Source: P.A. 98-904, eff. 8-15-14.)
|
(15 ILCS 405/19.5) |
Sec. 19.5. Comprehensive Annual Financial Report (CAFR); |
procedures and reporting. |
(a) On or before October 31, 2012, and on or before each |
October 31 thereafter, State agencies shall report to the |
Comptroller all financial information deemed necessary by the |
Comptroller to compile and publish a comprehensive annual |
financial report using generally accepted accounting |
principles for the fiscal year ending June 30 of that year. The |
Comptroller may require certain State agencies to submit the |
required information before October 31 under a schedule |
established by the Comptroller. If a State agency has |
submitted no or insufficient financial information by October |
31, the Comptroller shall serve a written notice to each |
respective State agency director or secretary about the |
delinquency or inadequacy of the financial information. |
(b) If the financial information required in subsection |
(a) is submitted to the Comptroller on or before October 31, |
the lapse period is not extended past August 31 for the given |
|
fiscal year, and the Office of the Auditor General has |
completed an audit of the comprehensive annual financial |
report, then the Comptroller shall publish a comprehensive |
annual financial report using generally accepted accounting |
principles for the fiscal year ending June 30 of that year by |
December 31. If the information as required by subsection (a) |
is not provided to the Comptroller in time to publish the |
report by December 31, then upon notice from the Comptroller |
of the delay, each respective State agency director or |
secretary shall report his or her State agency's delinquency |
and provide an action plan to bring his or her State agency |
into compliance to the Comptroller, the Auditor General, the |
Office of the Governor, the Speaker and Minority Leader of the |
House of Representatives, and the President and Minority |
Leader of the Senate. Upon receiving that report from a State |
agency director or secretary, the Comptroller shall post that |
report with the action plan on his or her official website. |
(c) If a comprehensive annual financial report using |
generally accepted accounting principles cannot be published |
by December 31 due to insufficient or inadequate reporting to |
the Comptroller, the lapse period is extended past August 31 |
for the given fiscal year, or the Office of the Auditor General |
has not completed an audit of the comprehensive annual |
financial report, then the Comptroller may issue interim |
reports containing financial information made available by |
reporting State agencies until an audit opinion is issued by |
|
the Auditor General on the comprehensive annual financial |
report.
|
(Source: P.A. 97-408, eff. 8-16-11; 98-240, eff. 8-9-13.)
|
(15 ILCS 405/28 new) |
Sec. 28. Comptroller recess appointments. If, during a |
recess of the Senate, there is a
vacancy in an office filled by |
appointment by the Comptroller by
and with the advice and |
consent of the Senate, the Comptroller
shall make a temporary |
appointment until the next meeting of
the Senate, when he or |
she shall make a nomination to fill such
office. Any |
nomination not acted upon by the Senate within 60 session
days |
after the receipt thereof shall be deemed to have
received the |
advice and consent of the Senate. No person rejected by the |
Senate for an office
shall, except at the Senate's request, be |
nominated again for
that office at the same session or be |
appointed to that
office during a recess of that Senate.
|
Section 15. The Personnel Code is amended by changing |
Section 4c as follows:
|
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c) |
Sec. 4c. General exemptions. The following positions in |
State
service shall be exempt from jurisdictions A, B, and C, |
unless the
jurisdictions shall be extended as provided in this |
Act:
|
|
(1) All officers elected by the people.
|
(2) All positions under the Lieutenant Governor, |
Secretary of State,
State Treasurer, State Comptroller, |
State Board of Education, Clerk of
the Supreme Court,
|
Attorney General, and State Board of Elections.
|
(3) Judges, and officers and employees of the courts, |
and notaries
public.
|
(4) All officers and employees of the Illinois General |
Assembly, all
employees of legislative commissions, all |
officers and employees of the
Illinois Legislative |
Reference Bureau and the Legislative Printing Unit.
|
(5) All positions in the Illinois National Guard and |
Illinois State
Guard, paid from federal funds or positions
|
in the State Military Service filled by enlistment and |
paid from State
funds.
|
(6) All employees of the Governor at the executive |
mansion and on
his immediate personal staff.
|
(7) Directors of Departments, the Adjutant General, |
the Assistant
Adjutant General, the Director of the |
Illinois Emergency
Management Agency, members of boards |
and commissions, and all other
positions appointed by the |
Governor by and with the consent of the
Senate.
|
(8) The presidents, other principal administrative |
officers, and
teaching, research and extension faculties |
of
Chicago State University, Eastern Illinois University, |
Governors State
University, Illinois State University, |
|
Northeastern Illinois University,
Northern Illinois |
University, Western Illinois University, the Illinois
|
Community College Board, Southern Illinois
University, |
Illinois Board of Higher Education, University of
|
Illinois, State Universities Civil Service System, |
University Retirement
System of Illinois, and the |
administrative officers and scientific and
technical staff |
of the Illinois State Museum.
|
(9) All other employees except the presidents, other |
principal
administrative officers, and teaching, research |
and extension faculties
of the universities under the |
jurisdiction of the Board of Regents and
the colleges and |
universities under the jurisdiction of the Board of
|
Governors of State Colleges and Universities, Illinois |
Community College
Board, Southern Illinois University, |
Illinois Board of Higher Education,
Board of Governors of |
State Colleges and Universities, the Board of
Regents, |
University of Illinois, State Universities Civil Service
|
System, University Retirement System of Illinois, so long |
as these are
subject to the provisions of the State |
Universities Civil Service Act.
|
(10) The State Police so long as they are subject to |
the merit
provisions of the State Police Act.
|
(11) (Blank).
|
(12) The technical and engineering staffs of the |
Department of
Transportation, the Department of Nuclear |
|
Safety, the Pollution Control
Board, and the Illinois |
Commerce Commission, and the technical and engineering
|
staff providing architectural and engineering services in |
the Department of
Central Management Services.
|
(13) All employees of the Illinois State Toll Highway |
Authority.
|
(14) The Secretary of the Illinois Workers' |
Compensation Commission.
|
(15) All persons who are appointed or employed by the |
Director of
Insurance under authority of Section 202 of |
the Illinois Insurance Code
to assist the Director of |
Insurance in discharging his responsibilities
relating to |
the rehabilitation, liquidation, conservation, and
|
dissolution of companies that are subject to the |
jurisdiction of the
Illinois Insurance Code.
|
(16) All employees of the St. Louis Metropolitan Area |
Airport
Authority.
|
(17) All investment officers employed by the Illinois |
State Board of
Investment.
|
(18) Employees of the Illinois Young Adult |
Conservation Corps program,
administered by the Illinois |
Department of Natural Resources, authorized
grantee under |
Title VIII of the Comprehensive
Employment and Training |
Act of 1973, 29 USC 993.
|
(19) Seasonal employees of the Department of |
Agriculture for the
operation of the Illinois State Fair |
|
and the DuQuoin State Fair, no one
person receiving more |
than 29 days of such employment in any calendar year.
|
(20) All "temporary" employees hired under the |
Department of Natural
Resources' Illinois Conservation |
Service, a youth
employment program that hires young |
people to work in State parks for a period
of one year or |
less.
|
(21) All hearing officers of the Human Rights |
Commission.
|
(22) All employees of the Illinois Mathematics and |
Science Academy.
|
(23) All employees of the Kankakee River Valley Area
|
Airport Authority.
|
(24) The commissioners and employees of the Executive |
Ethics
Commission.
|
(25) The Executive Inspectors General, including |
special Executive
Inspectors General, and employees of |
each Office of an
Executive Inspector General.
|
(26) The commissioners and employees of the |
Legislative Ethics
Commission.
|
(27) The Legislative Inspector General, including |
special Legislative
Inspectors General, and employees of |
the Office of
the Legislative Inspector General.
|
(28) The Auditor General's Inspector General and |
employees of the Office
of the Auditor General's Inspector |
General.
|
|
(29) All employees of the Illinois Power Agency. |
(30) Employees having demonstrable, defined advanced |
skills in accounting, financial reporting, or technical |
expertise who are employed within executive branch |
agencies and whose duties are directly related to the |
submission to the Office of the Comptroller of financial |
information for the publication of the Comprehensive |
Annual Financial Report (CAFR). |
(31) All employees of the Illinois Sentencing Policy |
Advisory Council. |
(Source: P.A. 100-1148, eff. 12-10-18.)
|
Section 20. The State Finance Act is amended by changing |
Section 25 as follows:
|
(30 ILCS 105/25) (from Ch. 127, par. 161)
|
Sec. 25. Fiscal year limitations.
|
(a) All appropriations shall be
available for expenditure |
for the fiscal year or for a lesser period if the
Act making |
that appropriation so specifies. A deficiency or emergency
|
appropriation shall be available for expenditure only through |
June 30 of
the year when the Act making that appropriation is |
enacted unless that Act
otherwise provides.
|
(b) Outstanding liabilities as of June 30, payable from |
appropriations
which have otherwise expired, may be paid out |
of the expiring
appropriations during the 2-month period |
|
ending at the
close of business on August 31. Any service |
involving
professional or artistic skills or any personal |
services by an employee whose
compensation is subject to |
income tax withholding must be performed as of June
30 of the |
fiscal year in order to be considered an "outstanding |
liability as of
June 30" that is thereby eligible for payment |
out of the expiring
appropriation.
|
(b-1) However, payment of tuition reimbursement claims |
under Section 14-7.03 or
18-3 of the School Code may be made by |
the State Board of Education from its
appropriations for those |
respective purposes for any fiscal year, even though
the |
claims reimbursed by the payment may be claims attributable to |
a prior
fiscal year, and payments may be made at the direction |
of the State
Superintendent of Education from the fund from |
which the appropriation is made
without regard to any fiscal |
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, payment of tuition |
reimbursement claims under Section 14-7.03 or 18-3 of the |
School Code as of June 30, payable from appropriations that |
have otherwise expired, may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-2) (Blank). |
(b-2.5) (Blank). |
(b-2.6) (Blank). |
(b-2.6a) (Blank). |
|
(b-2.6b) (Blank). |
(b-2.6c) (Blank). |
(b-2.6d) All outstanding liabilities as of June 30, 2020, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2020, and |
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
appropriations until December 31, 2020, without regard to the |
fiscal year in which the payment is made, as long as vouchers |
for the liabilities are received by the Comptroller no later |
than September 30, 2020. |
(b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, |
2020, and 2021, interest penalties payable under the State |
Prompt Payment Act associated with a voucher for which payment |
is issued after June 30 may be paid out of the next fiscal |
year's appropriation. The future year appropriation must be |
for the same purpose and from the same fund as the original |
payment. An interest penalty voucher submitted against a |
future year appropriation must be submitted within 60 days |
after the issuance of the associated voucher, except that, for |
fiscal year 2018 only, an interest penalty voucher submitted |
against a future year appropriation must be submitted within |
60 days of June 5, 2019 (the effective date of Public Act |
101-10). The Comptroller must issue the interest payment |
within 60 days after acceptance of the interest voucher. |
(b-3) Medical payments may be made by the Department of |
|
Veterans' Affairs from
its
appropriations for those purposes |
for any fiscal year, without regard to the
fact that the |
medical services being compensated for by such payment may |
have
been rendered in a prior fiscal year, except as required |
by subsection (j) of this Section. Beginning on June 30, 2021, |
medical payments payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-4) Medical payments and child care
payments may be made |
by the Department of
Human Services (as successor to the |
Department of Public Aid) from
appropriations for those |
purposes for any fiscal year,
without regard to the fact that |
the medical or child care services being
compensated for by |
such payment may have been rendered in a prior fiscal
year; and |
payments may be made at the direction of the Department of
|
Healthcare and Family Services (or successor agency) from the |
Health Insurance Reserve Fund without regard to any fiscal
|
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical and child care |
payments made by the Department of Human Services and payments |
made at the discretion of the Department of Healthcare and |
Family Services (or successor agency) from the Health |
Insurance Reserve Fund and payable from appropriations that |
have otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
|
business on October 31.
|
(b-5) Medical payments may be made by the Department of |
Human Services from its appropriations relating to substance |
abuse treatment services for any fiscal year, without regard |
to the fact that the medical services being compensated for by |
such payment may have been rendered in a prior fiscal year, |
provided the payments are made on a fee-for-service basis |
consistent with requirements established for Medicaid |
reimbursement by the Department of Healthcare and Family |
Services, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical payments made by |
the Department of Human Services relating to substance abuse |
treatment services payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-6) (Blank).
|
(b-7) Payments may be made in accordance with a plan |
authorized by paragraph (11) or (12) of Section 405-105 of the |
Department of Central Management Services Law from |
appropriations for those payments without regard to fiscal |
year limitations. |
(b-8) Reimbursements to eligible airport sponsors for the |
construction or upgrading of Automated Weather Observation |
Systems may be made by the Department of Transportation from |
appropriations for those purposes for any fiscal year, without |
|
regard to the fact that the qualification or obligation may |
have occurred in a prior fiscal year, provided that at the time |
the expenditure was made the project had been approved by the |
Department of Transportation prior to June 1, 2012 and, as a |
result of recent changes in federal funding formulas, can no |
longer receive federal reimbursement. |
(b-9) (Blank). |
(c) Further, payments may be made by the Department of |
Public Health and the
Department of Human Services (acting as |
successor to the Department of Public
Health under the |
Department of Human Services Act)
from their respective |
appropriations for grants for medical care to or on
behalf of |
premature and high-mortality risk infants and their mothers |
and
for grants for supplemental food supplies provided under |
the United States
Department of Agriculture Women, Infants and |
Children Nutrition Program,
for any fiscal year without regard |
to the fact that the services being
compensated for by such |
payment may have been rendered in a prior fiscal year, except |
as required by subsection (j) of this Section. Beginning on |
June 30, 2021, payments made by the Department of Public |
Health and the Department of Human Services from their |
respective appropriations for grants for medical care to or on |
behalf of premature and high-mortality risk infants and their |
mothers and for grants for supplemental food supplies provided |
under the United States Department of Agriculture Women, |
Infants and Children Nutrition Program payable from |
|
appropriations that have otherwise expired may be paid out of |
the expiring appropriations during the 4-month period ending |
at the close of business on October 31.
|
(d) The Department of Public Health and the Department of |
Human Services
(acting as successor to the Department of |
Public Health under the Department of
Human Services Act) |
shall each annually submit to the State Comptroller, Senate
|
President, Senate
Minority Leader, Speaker of the House, House |
Minority Leader, and the
respective Chairmen and Minority |
Spokesmen of the
Appropriations Committees of the Senate and |
the House, on or before
December 31, a report of fiscal year |
funds used to pay for services
provided in any prior fiscal |
year. This report shall document by program or
service |
category those expenditures from the most recently completed |
fiscal
year used to pay for services provided in prior fiscal |
years.
|
(e) The Department of Healthcare and Family Services, the |
Department of Human Services
(acting as successor to the |
Department of Public Aid), and the Department of Human |
Services making fee-for-service payments relating to substance |
abuse treatment services provided during a previous fiscal |
year shall each annually
submit to the State
Comptroller, |
Senate President, Senate Minority Leader, Speaker of the |
House,
House Minority Leader, the respective Chairmen and |
Minority Spokesmen of the
Appropriations Committees of the |
Senate and the House, on or before November
30, a report that |
|
shall document by program or service category those
|
expenditures from the most recently completed fiscal year used |
to pay for (i)
services provided in prior fiscal years and (ii) |
services for which claims were
received in prior fiscal years.
|
(f) The Department of Human Services (as successor to the |
Department of
Public Aid) shall annually submit to the State
|
Comptroller, Senate President, Senate Minority Leader, Speaker |
of the House,
House Minority Leader, and the respective |
Chairmen and Minority Spokesmen of
the Appropriations |
Committees of the Senate and the House, on or before
December |
31, a report
of fiscal year funds used to pay for services |
(other than medical care)
provided in any prior fiscal year. |
This report shall document by program or
service category |
those expenditures from the most recently completed fiscal
|
year used to pay for services provided in prior fiscal years.
|
(g) In addition, each annual report required to be |
submitted by the
Department of Healthcare and Family Services |
under subsection (e) shall include the following
information |
with respect to the State's Medicaid program:
|
(1) Explanations of the exact causes of the variance |
between the previous
year's estimated and actual |
liabilities.
|
(2) Factors affecting the Department of Healthcare and |
Family Services' liabilities,
including, but not limited |
to, numbers of aid recipients, levels of medical
service |
utilization by aid recipients, and inflation in the cost |
|
of medical
services.
|
(3) The results of the Department's efforts to combat |
fraud and abuse.
|
(h) As provided in Section 4 of the General Assembly |
Compensation Act,
any utility bill for service provided to a |
General Assembly
member's district office for a period |
including portions of 2 consecutive
fiscal years may be paid |
from funds appropriated for such expenditure in
either fiscal |
year.
|
(i) An agency which administers a fund classified by the |
Comptroller as an
internal service fund may issue rules for:
|
(1) billing user agencies in advance for payments or |
authorized inter-fund transfers
based on estimated charges |
for goods or services;
|
(2) issuing credits, refunding through inter-fund |
transfers, or reducing future inter-fund transfers
during
|
the subsequent fiscal year for all user agency payments or |
authorized inter-fund transfers received during the
prior |
fiscal year which were in excess of the final amounts owed |
by the user
agency for that period; and
|
(3) issuing catch-up billings to user agencies
during |
the subsequent fiscal year for amounts remaining due when |
payments or authorized inter-fund transfers
received from |
the user agency during the prior fiscal year were less |
than the
total amount owed for that period.
|
User agencies are authorized to reimburse internal service |
|
funds for catch-up
billings by vouchers drawn against their |
respective appropriations for the
fiscal year in which the |
catch-up billing was issued or by increasing an authorized |
inter-fund transfer during the current fiscal year. For the |
purposes of this Act, "inter-fund transfers" means transfers |
without the use of the voucher-warrant process, as authorized |
by Section 9.01 of the State Comptroller Act.
|
(i-1) Beginning on July 1, 2021, all outstanding |
liabilities, not payable during the 4-month lapse period as |
described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
of this Section, that are made from appropriations for that |
purpose for any fiscal year, without regard to the fact that |
the services being compensated for by those payments may have |
been rendered in a prior fiscal year, are limited to only those |
claims that have been incurred but for which a proper bill or |
invoice as defined by the State Prompt Payment Act has not been |
received by September 30th following the end of the fiscal |
year in which the service was rendered. |
(j) Notwithstanding any other provision of this Act, the |
aggregate amount of payments to be made without regard for |
fiscal year limitations as contained in subsections (b-1), |
(b-3), (b-4), (b-5), and (c) of this Section, and determined |
by using Generally Accepted Accounting Principles, shall not |
exceed the following amounts: |
(1) $6,000,000,000 for outstanding liabilities related |
to fiscal year 2012; |
|
(2) $5,300,000,000 for outstanding liabilities related |
to fiscal year 2013; |
(3) $4,600,000,000 for outstanding liabilities related |
to fiscal year 2014; |
(4) $4,000,000,000 for outstanding liabilities related |
to fiscal year 2015; |
(5) $3,300,000,000 for outstanding liabilities related |
to fiscal year 2016; |
(6) $2,600,000,000 for outstanding liabilities related |
to fiscal year 2017; |
(7) $2,000,000,000 for outstanding liabilities related |
to fiscal year 2018; |
(8) $1,300,000,000 for outstanding liabilities related |
to fiscal year 2019; |
(9) $600,000,000 for outstanding liabilities related |
to fiscal year 2020; and |
(10) $0 for outstanding liabilities related to fiscal |
year 2021 and fiscal years thereafter. |
(k) Department of Healthcare and Family Services Medical |
Assistance Payments. |
(1) Definition of Medical Assistance. |
For purposes of this subsection, the term "Medical |
Assistance" shall include, but not necessarily be |
limited to, medical programs and services authorized |
under Titles XIX and XXI of the Social Security Act, |
the Illinois Public Aid Code, the Children's Health |
|
Insurance Program Act, the Covering ALL KIDS Health |
Insurance Act, the Long Term Acute Care Hospital |
Quality Improvement Transfer Program Act, and medical |
care to or on behalf of persons suffering from chronic |
renal disease, persons suffering from hemophilia, and |
victims of sexual assault. |
(2) Limitations on Medical Assistance payments that |
may be paid from future fiscal year appropriations. |
(A) The maximum amounts of annual unpaid Medical |
Assistance bills received and recorded by the |
Department of Healthcare and Family Services on or |
before June 30th of a particular fiscal year |
attributable in aggregate to the General Revenue Fund, |
Healthcare Provider Relief Fund, Tobacco Settlement |
Recovery Fund, Long-Term Care Provider Fund, and the |
Drug Rebate Fund that may be paid in total by the |
Department from future fiscal year Medical Assistance |
appropriations to those funds are:
$700,000,000 for |
fiscal year 2013 and $100,000,000 for fiscal year 2014 |
and each fiscal year thereafter. |
(B) Bills for Medical Assistance services rendered |
in a particular fiscal year, but received and recorded |
by the Department of Healthcare and Family Services |
after June 30th of that fiscal year, may be paid from |
either appropriations for that fiscal year or future |
fiscal year appropriations for Medical Assistance. |
|
Such payments shall not be subject to the requirements |
of subparagraph (A). |
(C) Medical Assistance bills received by the |
Department of Healthcare and Family Services in a |
particular fiscal year, but subject to payment amount |
adjustments in a future fiscal year may be paid from a |
future fiscal year's appropriation for Medical |
Assistance. Such payments shall not be subject to the |
requirements of subparagraph (A). |
(D) Medical Assistance payments made by the |
Department of Healthcare and Family Services from |
funds other than those specifically referenced in |
subparagraph (A) may be made from appropriations for |
those purposes for any fiscal year without regard to |
the fact that the Medical Assistance services being |
compensated for by such payment may have been rendered |
in a prior fiscal year. Such payments shall not be |
subject to the requirements of subparagraph (A). |
(3) Extended lapse period for Department of Healthcare |
and Family Services Medical Assistance payments. |
Notwithstanding any other State law to the contrary, |
outstanding Department of Healthcare and Family Services |
Medical Assistance liabilities, as of June 30th, payable |
from appropriations which have otherwise expired, may be |
paid out of the expiring appropriations during the 4-month |
6-month period ending at the close of business on October |
|
December 31st. |
(l) The changes to this Section made by Public Act 97-691 |
shall be effective for payment of Medical Assistance bills |
incurred in fiscal year 2013 and future fiscal years. The |
changes to this Section made by Public Act 97-691 shall not be |
applied to Medical Assistance bills incurred in fiscal year |
2012 or prior fiscal years. |
(m) The Comptroller must issue payments against |
outstanding liabilities that were received prior to the lapse |
period deadlines set forth in this Section as soon thereafter |
as practical, but no payment may be issued after the 4 months |
following the lapse period deadline without the signed |
authorization of the Comptroller and the Governor. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff. |
6-10-20.)
|
(30 ILCS 105/11.5 rep.)
|
Section 25. The State Finance Act is amended by repealing |
Section 11.5.
|
Section 30. The Illinois Procurement Code is amended by |
changing Section 20-80 as follows:
|
(30 ILCS 500/20-80)
|
Sec. 20-80. Contract files.
|
|
(a) Written determinations. All written determinations
|
required under this Article shall
be placed in the contract |
file maintained by the chief procurement officer.
|
(b) Filing with Comptroller. Whenever a grant, defined |
pursuant to
accounting standards established by the |
Comptroller, or a contract
liability,
except for:
(1) |
contracts paid
from personal services, or
(2) contracts |
between the State and its
employees to defer
compensation in |
accordance with Article 24 of the Illinois Pension Code, or |
(3) contracts that do not obligate funds held within the State |
treasury for fiscal year 2022 and thereafter,
exceeding |
$20,000 is incurred by any
State agency, a copy of the |
contract, purchase order, grant, or
lease shall be filed with |
the
Comptroller within 30 calendar days thereafter. Beginning |
in fiscal year 2022, information pertaining to contracts |
exceeding $20,000 that do not obligate funds held within the |
State treasury shall be submitted in a quarterly report to the |
Comptroller in a form and manner prescribed by the |
Comptroller. The Comptroller shall make the quarterly report |
available on his or her website. Beginning January 1, 2013, |
the Comptroller may require that contracts and grants required |
to be filed with the Comptroller under this Section shall be |
filed electronically, unless the agency is incapable of filing |
the contract or grant electronically because it does not |
possess the necessary technology or equipment. Any State |
agency that is incapable of electronically filing its |
|
contracts or grants shall submit a written statement to the |
Governor and to the Comptroller attesting to the reasons for |
its inability to comply. This statement shall include a |
discussion of what the State agency needs in order to |
effectively comply with this Section. Prior to requiring |
electronic filing, the Comptroller shall consult with the |
Governor as to the feasibility of establishing mutually |
agreeable technical standards for the electronic document |
imaging, storage, and transfer of contracts and grants, taking |
into consideration the technology available to that agency, |
best practices, and the technological capabilities of State |
agencies. Nothing in this amendatory Act of the 97th General |
Assembly shall be construed to impede the implementation of an |
Enterprise Resource Planning (ERP) system. For each State |
contract for supplies or services awarded on or after July 1, |
2010, the contracting agency shall provide the applicable rate |
and unit of measurement of the supplies or services on the |
contract obligation document as required by the Comptroller. |
If the contract obligation document that is submitted to the |
Comptroller contains the rate and unit of measurement of the |
supplies or services, the Comptroller shall provide that |
information on his or her official website. Any cancellation |
or
modification to any such contract
liability shall be filed |
with the Comptroller within 30 calendar days of
its execution.
|
(c) Late filing affidavit. When a contract, purchase |
order, grant,
or lease required to be
filed by this Section has |
|
not been filed within 30 calendar days of
execution, the |
Comptroller shall refuse
to issue a warrant for payment |
thereunder until the agency files
with the Comptroller the
|
contract, purchase order, grant, or lease and an affidavit, |
signed by the
chief executive officer of the
agency or his or |
her designee, setting forth an explanation of why
the contract |
liability was not
filed within 30 calendar days of execution. |
A copy of this affidavit shall
be filed with the Auditor
|
General.
|
(d) Timely execution of contracts. Except as set forth in |
subsection (b) of this Section, no
voucher shall be submitted |
to the
Comptroller for a warrant to be drawn for the payment of |
money
from the State treasury or from
other funds held by the |
State Treasurer on account of any contract unless the
contract |
is reduced to writing
before the services are performed and |
filed with the Comptroller. Contractors shall not be paid for |
any supplies that were received or services that were rendered |
before the contract was reduced to writing and signed by all |
necessary parties. A chief procurement officer may request an |
exception to this subsection by submitting a written statement |
to the Comptroller and Treasurer setting forth the |
circumstances and reasons why the contract could not be |
reduced to writing before the supplies were received or |
services were performed. A waiver of this subsection must be |
approved by the Comptroller and Treasurer. This Section shall |
not apply to emergency purchases if notice of the emergency |
|
purchase is filed with the Procurement Policy Board and |
published in the Bulletin as required by this Code.
|
(e) Method of source selection. When a contract is filed
|
with the Comptroller under this
Section, the Comptroller's |
file shall identify the method of
source selection used in |
obtaining the
contract.
|
(Source: P.A. 100-43, eff. 8-9-17.)
|
Section 35. The State Prompt Payment Act is amended by |
changing Sections 8 and 9 as follows:
|
(30 ILCS 540/8) |
Sec. 8. Vendor Payment Program. |
(a) As used in this Section: |
"Applicant" means any entity seeking to be designated |
as a qualified purchaser. |
"Application period" means the time period when the |
Program is accepting applications as determined by the |
Department of Central Management Services. |
"Assigned penalties" means penalties payable by the |
State in accordance with this Act that are assigned to the |
qualified purchaser of an assigned receivable. |
"Assigned receivable" means the base invoice amount of |
a qualified account receivable and any associated assigned |
penalties due, currently and in the future, in accordance |
with this Act. |
|
"Assignment agreement" means an agreement executed and |
delivered by a participating vendor and a qualified |
purchaser, in which the participating vendor will assign |
one or more qualified accounts receivable to the qualified |
purchaser and make certain representations and warranties |
in respect thereof. |
"Base invoice amount" means the unpaid principal |
amount of the invoice associated with an assigned |
receivable. |
"Department" means the Department of Central |
Management Services. |
"Medical assistance program" means any program which |
provides medical assistance under Article V of the |
Illinois Public Aid Code, including Medicaid. |
"Participating vendor" means a vendor whose |
application for the sale of a qualified account receivable |
is accepted for purchase by a qualified purchaser under |
the Program terms. |
"Program" means a Vendor Payment Program. |
"Prompt payment penalties" means penalties payable by |
the State in accordance with this Act. |
"Purchase price" means 100% of the base invoice amount |
associated with an assigned receivable minus: (1) any |
deductions against the assigned receivable arising from |
State offsets; and (2) if and to the extent exercised by a |
qualified purchaser, other deductions for amounts owed by |
|
the participating vendor to the qualified purchaser for |
State offsets applied against other accounts receivable |
assigned by the participating vendor to the qualified |
purchaser under the Program. |
"Qualified account receivable" means an account |
receivable due and payable by the State that is |
outstanding for 90 days or more, is eligible to accrue |
prompt payment penalties under this Act and is verified by |
the relevant State agency. A qualified account receivable |
shall not include any account receivable related to |
medical assistance program (including Medicaid) payments |
or any other accounts receivable, the transfer or |
assignment of which is prohibited by, or otherwise |
prevented by, applicable law. |
"Qualified purchaser" means any entity that, during |
any application period, is approved by the Department of |
Central Management Services to participate in the Program |
on the basis of certain qualifying criteria as determined |
by the Department. |
"State offsets" means any amount deducted from |
payments made by the State in respect of any qualified |
account receivable due to the State's exercise of any |
offset or other contractual rights against a participating |
vendor. For the purpose of this Section, "State offsets" |
include statutorily required administrative fees imposed |
under the State Comptroller Act. |
|
"Sub-participant" means any individual or entity that |
intends to purchase assigned receivables, directly or |
indirectly, by or through an applicant or qualified |
purchaser for the purposes of the Program. |
"Sub-participant certification" means an instrument |
executed and delivered to the Department of Central |
Management Services by a sub-participant, in which the |
sub-participant certifies its agreement, among others, to |
be bound by the terms and conditions of the Program as a |
condition to its participation in the Program as a |
sub-participant. |
(b) This Section reflects the provisions of Section |
900.125 of Title 74 of the Illinois Administrative Code prior |
to January 1, 2018. The requirements of this Section establish |
the criteria for participation by participating vendors and |
qualified purchasers in a Vendor Payment Program. Information |
regarding the Vendor Payment Program may be found at the |
Internet website for the Department of Central Management |
Services. |
(c) The State Comptroller and the Department of Central |
Management Services is are authorized to establish and |
implement the Program under Section 3-3. This Section applies |
to all qualified accounts receivable not otherwise excluded |
from receiving prompt payment interest under Section 900.120 |
of Title 74 of the Illinois Administrative Code. This Section |
shall not apply to the purchase of any accounts receivable |
|
related to payments made under a medical assistance program, |
including Medicaid payments, or any other purchase of accounts |
receivable that is otherwise prohibited by law. |
(d) Under the Program, qualified purchasers may purchase |
from participating vendors certain qualified accounts |
receivable owed by the State to the participating vendors. A |
participating vendor shall not simultaneously apply to sell |
the same qualified account receivable to more than one |
qualified purchaser. In consideration of the payment of the |
purchase price, a participating vendor shall assign to the |
qualified purchaser all of its rights to payment of the |
qualified account receivable, including all current and future |
prompt payment penalties due to that qualified account |
receivable in accordance with this Act. |
(e) A vendor may apply to participate in the Program if: |
(1) the vendor is owed an account receivable by the |
State for which prompt payment penalties have commenced |
accruing; |
(2) the vendor's account receivable is eligible to |
accrue prompt payment penalty interest under this Act; |
(3) the vendor's account receivable is not for |
payments under a medical assistance program; and |
(4) the vendor's account receivable is not prohibited |
by, or otherwise prevented by, applicable law from being |
transferred or assigned under this Section. |
(f) The Department shall review and approve or disapprove |
|
each applicant seeking a qualified purchaser designation. |
Factors to be considered by the Department in determining |
whether an applicant shall be designated as a qualified |
purchaser include, but are not limited to, the following: |
(1) the qualified purchaser's agreement to commit a |
minimum purchase amount as established from time to time |
by the Department based upon the current needs of the |
Program and the qualified purchaser's demonstrated ability |
to fund its commitment; |
(2) the demonstrated ability of a qualified |
purchaser's sub-participants to fund their portions of a |
qualified purchaser's minimum purchase commitment; |
(3) the ability of a qualified purchaser and its |
sub-participants to meet standards of responsibility |
substantially in accordance with the requirements of the |
Standards of Responsibility found in subsection (b) of |
Section 1.2046 of Title 44 of the Illinois Administrative |
Code concerning government contracts, procurement, and |
property management; |
(4) the agreement of each qualified purchaser, at its |
sole cost and expense, to administer and facilitate the |
operation of the Program with respect to that qualified |
purchaser, including, without limitation, assisting |
potential participating vendors with the application and |
assignment process; |
(5) the agreement of each qualified purchaser, at its |
|
sole cost and expense, to establish a website that is |
determined by the Department to be sufficient to |
administer the Program in accordance with the terms and |
conditions of the Program; |
(6) the agreement of each qualified purchaser, at its |
sole cost and expense, to market the Program to potential |
participating vendors; |
(7) the agreement of each qualified purchaser, at its |
sole cost and expense, to educate participating vendors |
about the benefits and risks associated with participation |
in the Program; |
(8) the agreement of each qualified purchaser, at its |
sole cost and expense, to deposit funds into, release |
funds from, and otherwise maintain all required accounts |
in accordance with the terms and conditions of the |
Program. Subject to the Program terms, all required |
accounts shall be maintained and controlled by the |
qualified purchaser at the qualified purchaser's sole cost |
and at no cost, whether in the form of fees or otherwise, |
to the participating vendors; |
(9) the agreement of each qualified purchaser, at its |
sole cost and expense, to submit a monthly written report, |
in an acceptable electronic format, to the State |
Comptroller or its designee and the Department or its |
designee, within 10 days after the end of each month, |
which, unless otherwise specified by the Department, at a |
|
minimum, shall contain: |
(A) a listing of each assigned receivable |
purchased by that qualified purchaser during the |
month, specifying the base invoice amount and invoice |
date of that assigned receivable and the name of the |
participating vendor, State contract number, voucher |
number, and State agency associated with that assigned |
receivable; |
(B) a listing of each assigned receivable with |
respect to which the qualified purchaser has received |
payment of the base invoice amount from the State |
during that month, including the amount of and date on |
which that payment was made and the name of the |
participating vendor, State contract number, voucher |
number, and State agency associated with the assigned |
receivable, and identifying the relevant application |
period for each assigned receivable; |
(C) a listing of any payments of assigned |
penalties received from the State during the month, |
including the amount of and date on which the payment |
was made, the name of the participating vendor, the |
voucher number for the assigned penalty receivable, |
and the associated assigned receivable, including the |
State contract number, voucher number, and State |
agency associated with the assigned receivable, and |
identifying the relevant application period for each |
|
assigned receivable; |
(D) the aggregate number and dollar value of |
assigned receivables purchased by the qualified |
purchaser from the date on which that qualified |
purchaser commenced participating in the Program |
through the last day of the month; |
(E) the aggregate number and dollar value of |
assigned receivables purchased by the qualified |
purchaser for which no payment by the State of the base |
invoice amount has yet been received, from the date on |
which the qualified purchaser commenced participating |
in the Program through the last day of the month; |
(F) the aggregate number and dollar value of |
invoices purchased by the qualified purchaser for |
which no voucher has been submitted; and |
(G) any other data the State Comptroller and the |
Department may reasonably request from time to time; |
(10) the agreement of each qualified purchaser to use |
its reasonable best efforts, and for any sub-participant |
to cause a qualified purchaser to use its reasonable best |
efforts, to diligently pursue receipt of assigned |
penalties associated with the assigned receivables, |
including, without limitation, by promptly notifying the |
relevant State agency that an assigned penalty is due and, |
if necessary, seeking payment of assigned penalties |
through the Illinois Court of Claims; and |
|
(11) the agreement of each qualified purchaser and any |
sub-participant to use their reasonable best efforts to |
implement the Program terms and to perform their |
obligations under the Program in a timely fashion. |
(g) Each qualified purchaser's performance and |
implementation of its obligations under subsection (f) shall |
be subject to review by the Department and the State |
Comptroller at any time to confirm that the qualified |
purchaser is undertaking those obligations in a manner |
consistent with the terms and conditions of the Program. A |
qualified purchaser's failure to so perform its obligations |
including, without limitation, its obligations to diligently |
pursue receipt of assigned penalties associated with assigned |
receivables, shall be grounds for the Department and the State |
Comptroller to terminate the qualified purchaser's |
participation in the Program under subsection (i). Any such |
termination shall be without prejudice to any rights a |
participating vendor may have against that qualified |
purchaser, in law or in equity, including, without limitation, |
the right to enforce the terms of the assignment agreement and |
of the Program against the qualified purchaser. |
(h) In determining whether any applicant shall be |
designated as a qualified purchaser, the Department shall have |
the right to review or approve sub-participants that intend to |
purchase assigned receivables, directly or indirectly, by or |
through the applicant. The Department reserves the right to |
|
reject or terminate the designation of any applicant as a |
qualified purchaser or require an applicant to exclude a |
proposed sub-participant in order to become or remain a |
qualified purchaser on the basis of a review, whether prior to |
or after the designation. Each applicant and each qualified |
purchaser has an affirmative obligation to promptly notify the |
Department of any change or proposed change in the identity of |
the sub-participants that it disclosed to the Department no |
later than 3 business days after that change. Each |
sub-participant shall be required to execute a sub-participant |
certification that will be attached to the corresponding |
qualified purchaser designation. Sub-participants shall meet, |
at a minimum, the requirements of paragraphs (2), (3), (10), |
and (11) of subsection (f). |
(i) The Program, as codified under this Section, shall |
continue until terminated or suspended as follows: |
(1) The Program may be terminated or suspended: (A) by |
the State Comptroller, after consulting with the |
Department, by giving 10 days prior written notice to the |
Department and the qualified purchasers in the Program; or |
(B) by the Department, after consulting with the State |
Comptroller, by giving 10 days prior written notice to the |
State Comptroller and the qualified purchasers in the |
Program. |
(2) In the event a qualified purchaser or |
sub-participant breaches or fails to meet any of the terms |
|
or conditions of the Program, that qualified purchaser or |
sub-participant may be terminated from the Program: (A) by |
the State Comptroller, after consulting with the |
Department. The termination shall be effective immediately |
upon the State Comptroller giving written notice to the |
Department and the qualified purchaser or sub-participant; |
or (B) by the Department, after consulting with the State |
Comptroller. The termination shall be effective |
immediately upon the Department giving written notice to |
the State Comptroller and the qualified purchaser or |
sub-participant. |
(3) A qualified purchaser or sub-participant may |
terminate its participation in the Program, solely with |
respect to its own participation in the Program, in the |
event of any change to this Act from the form that existed |
on the date that the qualified purchaser or the |
sub-participant, as applicable, submitted the necessary |
documentation for admission into the Program if the change |
materially and adversely affects the qualified purchaser's |
or the sub-participant's ability to purchase and receive |
payment on receivables on the terms described in this |
Section. |
If the Program, a qualified purchaser, or a |
sub-participant is terminated or suspended under paragraph (1) |
or (2) of this subsection (i), the Program, qualified |
purchaser, or sub-participant may be reinstated only by |
|
written agreement of the State Comptroller and the Department. |
No termination or suspension under paragraph (1), (2), or (3) |
of this subsection (i) shall alter or affect the qualified |
purchaser's or sub-participant's obligations with respect to |
assigned receivables purchased by or through the qualified |
purchaser prior to the termination.
|
(Source: P.A. 100-1089, eff. 8-24-18; 101-81, eff. 7-12-19.)
|
(30 ILCS 540/9) |
Sec. 9. Vendor Payment Program financial backer |
disclosure. |
(a) Within 60 days after August 24, 2018 (the effective |
date of Public Act 100-1089) this amendatory Act of the 100th |
General Assembly, at the time of application, and annually on |
August July 1 of each year for the previous fiscal year, each |
qualified purchaser shall submit to the Department and the |
State Comptroller the following information about each person, |
director, owner, officer, association, financial backer, |
partnership, other entity, corporation, or trust with an |
indirect or direct financial interest in each qualified |
purchaser: |
(1) percent ownership; |
(2) type of ownership; |
(3) first name, middle name, last name, maiden name |
(if applicable), including aliases or former names; |
(4) mailing address; |
|
(5) type of business entity, if applicable; |
(6) dates and jurisdiction of business formation or |
incorporation, if applicable; |
(7) names of controlling shareholders, class of stock, |
percentage ownership; |
(8) any indirect earnings resulting from the Program; |
and |
(9) any earnings associated with the Program to any |
parties not previously disclosed. |
(b) Within 60 days after August 24, 2018 (the effective |
date of Public Act 100-1089) this amendatory Act of the 100th |
General Assembly, at the time of application, and annually on |
August July 1 of each year for the previous fiscal year, each |
trust associated with the qualified purchaser shall submit to |
the Department and the State Comptroller the following |
information: |
(1) names, addresses, dates of birth, and percentages |
of interest of all beneficiaries; |
(2) any indirect earnings resulting from the Program; |
and |
(3) any earnings associated with the Program to any |
parties not previously disclosed. |
(c) Each qualified purchaser must submit a statement to |
the State Comptroller and the Department of Central Management |
Services disclosing whether such qualified purchaser or any |
related person, director, owner, officer, or financial backer |
|
has previously or currently retained or contracted with any |
registered lobbyist, lawyer, accountant, or other consultant |
to prepare the disclosure required under this Section.
|
(Source: P.A. 100-1089, eff. 8-24-18.)
|
Section 40. The Property Tax Code is amended by changing |
Section 30-31 as follows:
|
(35 ILCS 200/30-31)
|
Sec. 30-31. Fiscal Responsibility Report Card; State |
Comptroller. The State
Comptroller, within 180 days of the |
conclusion of the fiscal year of the State,
shall make |
available on the Comptroller's website submit to the General |
Assembly and the clerk of each county a Fiscal
Responsibility |
Report Card in the form prescribed by the State Comptroller
|
after consultation with other State Constitutional officers |
selected by the
State Comptroller. The Fiscal Responsibility |
Report Card shall inform the
General Assembly and the county |
clerks about the amounts, sources, and uses of
tax revenues |
received and expended by each taxing district, other than a |
school
district, that imposes ad valorem taxes.
|
(Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|