|
|||||||||||||||||||||||||
|
|||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
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 , except as otherwise | ||||||||||||||||||||||||
18 | provided in this Section . Any service involving
professional or | ||||||||||||||||||||||||
19 | artistic skills or any personal services by an employee whose
| ||||||||||||||||||||||||
20 | 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.
|
| |||||||
| |||||||
1 | 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
| ||||||
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.
| ||||||
10 | Medical and pharmaceutical payments for services rendered | ||||||
11 | during the fiscal year may be made by the Department of | ||||||
12 | Veterans' Affairs , from
its
appropriations for those purposes | ||||||
13 | for that any fiscal year , out of the expiring appropriations | ||||||
14 | during the 3-month period ending at the close of business on | ||||||
15 | September 30 , 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 .
| ||||||
18 | Medical and pharmaceutical payments for services rendered | ||||||
19 | during the fiscal year may be made by the Department of | ||||||
20 | Healthcare and Family Services and medical and pharmaceutical | ||||||
21 | payments for services rendered during the fiscal year and child | ||||||
22 | care
payments for services rendered during the fiscal year may | ||||||
23 | be made by the Department of
Human Services (as successor to | ||||||
24 | the Department of Public Aid) , from
appropriations for those | ||||||
25 | purposes for that any fiscal year , out of the expiring | ||||||
26 | appropriations during the 3-month period ending at the close of |
| |||||||
| |||||||
1 | business on September 30 ,
without regard to the fact that the | ||||||
2 | medical or child care services being
compensated for by such | ||||||
3 | payment may have been rendered in a prior fiscal
year ; and | ||||||
4 | payments may be made for services rendered during the fiscal | ||||||
5 | year at the direction of the Department of
Central Management | ||||||
6 | Services from the Health Insurance Reserve Fund and the
Local | ||||||
7 | Government Health Insurance Reserve Fund , from appropriations | ||||||
8 | for those purposes for that fiscal year, out of the expiring | ||||||
9 | appropriations during the 3-month period ending at the close of | ||||||
10 | business on September 30 without regard to any fiscal
year | ||||||
11 | limitations .
| ||||||
12 | Medical and pharmaceutical payments for services rendered | ||||||
13 | during the fiscal year may be made by the Department of Human | ||||||
14 | Services , from its appropriations relating to substance abuse | ||||||
15 | treatment services for that any fiscal year , out of the | ||||||
16 | expiring appropriations during the 3-month period ending at the | ||||||
17 | close of business on September 30 , without regard to the fact | ||||||
18 | that the medical services being compensated for by such payment | ||||||
19 | may have been rendered in a prior fiscal year , provided the | ||||||
20 | payments are made on a fee-for-service basis consistent with | ||||||
21 | requirements established for Medicaid reimbursement by the | ||||||
22 | Department of Healthcare and Family Services. | ||||||
23 | Additionally, payments may be made by the Department of | ||||||
24 | Human Services from
its appropriations, or any other State | ||||||
25 | agency from its appropriations with
the approval of the | ||||||
26 | Department of Human Services, from the Immigration Reform
and |
| |||||||
| |||||||
1 | Control Fund for purposes authorized pursuant to the | ||||||
2 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
3 | any fiscal year limitations.
| ||||||
4 | Further, with respect to costs incurred in fiscal years | ||||||
5 | 2002 and 2003 only,
payments may be made by the State Treasurer | ||||||
6 | from its
appropriations
from the Capital Litigation Trust Fund | ||||||
7 | without regard to any fiscal year
limitations.
| ||||||
8 | Lease payments may be made by the Department of Central | ||||||
9 | Management
Services under the sale and leaseback provisions of
| ||||||
10 | Section 7.4 of
the State Property Control Act with respect to | ||||||
11 | the James R. Thompson Center and
the
Elgin Mental Health Center | ||||||
12 | and surrounding land from appropriations for that
purpose | ||||||
13 | without regard to any fiscal year
limitations.
| ||||||
14 | Lease payments may be made under the sale and leaseback | ||||||
15 | provisions of
Section 7.5 of the State Property Control Act | ||||||
16 | with
respect to the
Illinois State Toll Highway Authority | ||||||
17 | headquarters building and surrounding
land
without regard to | ||||||
18 | any fiscal year
limitations.
| ||||||
19 | (c) Further, payments for services rendered during the | ||||||
20 | fiscal year may be made by the Department of Public Health and | ||||||
21 | the
Department of Human Services (acting as successor to the | ||||||
22 | Department of Public
Health under the Department of Human | ||||||
23 | Services Act)
from their respective appropriations for those | ||||||
24 | purposes for that fiscal year for grants for medical care to or | ||||||
25 | on
behalf of persons
suffering from chronic renal disease, | ||||||
26 | persons suffering from hemophilia, rape
victims, and premature |
| |||||||
| |||||||
1 | and high-mortality risk infants and their mothers and
for | ||||||
2 | grants for supplemental food supplies provided under the United | ||||||
3 | States
Department of Agriculture Women, Infants and Children | ||||||
4 | Nutrition Program , from appropriations for those purposes for | ||||||
5 | that fiscal year, out of the expiring appropriations during the | ||||||
6 | 3-month period ending at the close of business on September 30 ,
| ||||||
7 | for any fiscal year without regard to the fact that the | ||||||
8 | services being
compensated for by such payment may have been | ||||||
9 | rendered in a prior fiscal year .
| ||||||
10 | (d) The Department of Public Health and the Department of | ||||||
11 | Human Services
(acting as successor to the Department of Public | ||||||
12 | Health under the Department of
Human Services Act) shall each | ||||||
13 | annually submit to the State Comptroller, Senate
President, | ||||||
14 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
15 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
16 | the
Appropriations Committees of the Senate and the House, on | ||||||
17 | or before
December 31, a report of fiscal year funds used to | ||||||
18 | pay for services
provided in any prior fiscal year. This report | ||||||
19 | shall document by program or
service category those | ||||||
20 | expenditures from the most recently completed fiscal
year used | ||||||
21 | to pay for services provided in prior fiscal years.
| ||||||
22 | (e) The Department of Healthcare and Family Services, the | ||||||
23 | Department of Human Services
(acting as successor to the | ||||||
24 | Department of Public Aid), and the Department of Human Services | ||||||
25 | making fee-for-service payments relating to substance abuse | ||||||
26 | treatment services provided during a previous fiscal year shall |
| |||||||
| |||||||
1 | each annually
submit to the State
Comptroller, Senate | ||||||
2 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
3 | Minority Leader, the respective Chairmen and Minority | ||||||
4 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
5 | the House, on or before November
30, a report that shall | ||||||
6 | document by program or service category those
expenditures from | ||||||
7 | the most recently completed fiscal year used to pay for (i)
| ||||||
8 | services provided in prior fiscal years and (ii) services for | ||||||
9 | which claims were
received in prior fiscal years.
| ||||||
10 | (f) The Department of Human Services (as successor to the | ||||||
11 | Department of
Public Aid) shall annually submit to the State
| ||||||
12 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
13 | of the House,
House Minority Leader, and the respective | ||||||
14 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
15 | Committees of the Senate and the House, on or before
December | ||||||
16 | 31, a report
of fiscal year funds used to pay for services | ||||||
17 | (other than medical care)
provided in any prior fiscal year. | ||||||
18 | This report shall document by program or
service category those | ||||||
19 | expenditures from the most recently completed fiscal
year used | ||||||
20 | to pay for services provided in prior fiscal years.
| ||||||
21 | (g) In addition, each annual report required to be | ||||||
22 | submitted by the
Department of Healthcare and Family Services | ||||||
23 | under subsection (e) shall include the following
information | ||||||
24 | with respect to the State's Medicaid program:
| ||||||
25 | (1) Explanations of the exact causes of the variance | ||||||
26 | between the previous
year's estimated and actual |
| |||||||
| |||||||
1 | liabilities.
| ||||||
2 | (2) Factors affecting the Department of Healthcare and | ||||||
3 | Family Services' liabilities,
including but not limited to | ||||||
4 | numbers of aid recipients, levels of medical
service | ||||||
5 | utilization by aid recipients, and inflation in the cost of | ||||||
6 | medical
services.
| ||||||
7 | (3) The results of the Department's efforts to combat | ||||||
8 | fraud and abuse.
| ||||||
9 | (h) As provided in Section 4 of the General Assembly | ||||||
10 | Compensation Act,
any utility bill for service provided to a | ||||||
11 | General Assembly
member's district office for a period | ||||||
12 | including portions of 2 consecutive
fiscal years may be paid | ||||||
13 | from funds appropriated for such expenditure in
either fiscal | ||||||
14 | year.
| ||||||
15 | (i) An agency which administers a fund classified by the | ||||||
16 | Comptroller as an
internal service fund may issue rules for:
| ||||||
17 | (1) billing user agencies in advance for payments or | ||||||
18 | authorized inter-fund transfers
based on estimated charges | ||||||
19 | for goods or services;
| ||||||
20 | (2) issuing credits, refunding through inter-fund | ||||||
21 | transfers, or reducing future inter-fund transfers
during
| ||||||
22 | the subsequent fiscal year for all user agency payments or | ||||||
23 | authorized inter-fund transfers received during the
prior | ||||||
24 | fiscal year which were in excess of the final amounts owed | ||||||
25 | by the user
agency for that period; and
| ||||||
26 | (3) issuing catch-up billings to user agencies
during |
| |||||||
| |||||||
1 | the subsequent fiscal year for amounts remaining due when | ||||||
2 | payments or authorized inter-fund transfers
received from | ||||||
3 | the user agency during the prior fiscal year were less than | ||||||
4 | the
total amount owed for that period.
| ||||||
5 | User agencies are authorized to reimburse internal service | ||||||
6 | funds for catch-up
billings by vouchers drawn against their | ||||||
7 | respective appropriations for the
fiscal year in which the | ||||||
8 | catch-up billing was issued or by increasing an authorized | ||||||
9 | inter-fund transfer during the current fiscal year. For the | ||||||
10 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
11 | without the use of the voucher-warrant process, as authorized | ||||||
12 | by Section 9.01 of the State Comptroller Act.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
14 | Section 99. Effective date. This Act takes effect July 1, | ||||||
15 | 2009.
|