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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Finance Act is amended by changing | ||||||||||||||||||||||||
5 | Section 25 as follows:
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6 | (30 ILCS 105/25) (from Ch. 127, par. 161)
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7 | Sec. 25. Fiscal year limitations.
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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
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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.
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14 | (b) Outstanding liabilities as of June 30, payable from | ||||||||||||||||||||||||
15 | appropriations
which have otherwise expired, may be paid out of | ||||||||||||||||||||||||
16 | the expiring
appropriations during the 2-month period ending at | ||||||||||||||||||||||||
17 | the
close of business on August 31. Any service involving
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18 | professional or artistic skills or any personal services by an | ||||||||||||||||||||||||
19 | employee whose
compensation is subject to income tax | ||||||||||||||||||||||||
20 | withholding must be performed as of June
30 of the fiscal year | ||||||||||||||||||||||||
21 | in order to be considered an "outstanding liability as of
June | ||||||||||||||||||||||||
22 | 30" that is thereby eligible for payment out of the expiring
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23 | appropriation.
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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
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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.
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10 | Through June 30, 2010, medical
Medical payments may be made | ||||||
11 | by the Department of Veterans' Affairs from
its
appropriations | ||||||
12 | for those purposes for any fiscal year, without regard to the
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13 | fact that the medical services being compensated for by such | ||||||
14 | payment may have
been rendered in a prior fiscal year.
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15 | Through June 30, 2010, medical
Medical payments may be made | ||||||
16 | by the Department of Healthcare and Family Services
Public Aid
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17 | and medical payments and child care
payments may be made by the | ||||||
18 | Department of
Human Services (as successor to the Department of | ||||||
19 | Public Aid) from
appropriations for those purposes for any | ||||||
20 | fiscal year,
without regard to the fact that the medical or | ||||||
21 | child care services being
compensated for by such payment may | ||||||
22 | have been rendered in a prior fiscal
year; through June 30, | ||||||
23 | 2010, and payments may be made at the direction of the | ||||||
24 | Department of
Central Management Services from the Health | ||||||
25 | Insurance Reserve Fund and the
Local Government Health | ||||||
26 | Insurance Reserve Fund without regard to any fiscal
year |
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1 | limitations.
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2 | Through June 30, 2010, medical
Medical payments may be made | ||||||
3 | by the Department of Human Services from its appropriations | ||||||
4 | relating to substance abuse treatment services for any fiscal | ||||||
5 | year, without regard to the fact that the medical services | ||||||
6 | being compensated for by such payment may have been rendered in | ||||||
7 | a prior fiscal year, provided the payments are made on a | ||||||
8 | fee-for-service basis consistent with requirements established | ||||||
9 | for Medicaid reimbursement by the Department of Healthcare and | ||||||
10 | Family Services
Public Aid . | ||||||
11 | Additionally, payments may be made by the Department of | ||||||
12 | Human Services from
its appropriations, or any other State | ||||||
13 | agency from its appropriations with
the approval of the | ||||||
14 | Department of Human Services, from the Immigration Reform
and | ||||||
15 | Control Fund for purposes authorized pursuant to the | ||||||
16 | Immigration Reform
and Control Act of 1986, without regard to | ||||||
17 | any fiscal year limitations.
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18 | Further, with respect to costs incurred in fiscal years | ||||||
19 | 2002 and 2003 only,
payments may be made by the State Treasurer | ||||||
20 | from its
appropriations
from the Capital Litigation Trust Fund | ||||||
21 | without regard to any fiscal year
limitations.
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22 | Lease payments may be made by the Department of Central | ||||||
23 | Management
Services under the sale and leaseback provisions of
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24 | Section 7.4 of
the State Property Control Act with respect to | ||||||
25 | the James R. Thompson Center and
the
Elgin Mental Health Center | ||||||
26 | and surrounding land from appropriations for that
purpose |
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1 | without regard to any fiscal year
limitations.
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2 | Lease payments may be made under the sale and leaseback | ||||||
3 | provisions of
Section 7.5 of the State Property Control Act | ||||||
4 | with
respect to the
Illinois State Toll Highway Authority | ||||||
5 | headquarters building and surrounding
land
without regard to | ||||||
6 | any fiscal year
limitations.
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7 | (c) Further, through June 30, 2010, payments may be made by | ||||||
8 | the Department of Public Health and the
Department of Human | ||||||
9 | Services (acting as successor to the Department of Public
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10 | Health under the Department of Human Services Act)
from their | ||||||
11 | respective appropriations for grants for medical care to or on
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12 | behalf of persons
suffering from chronic renal disease, persons | ||||||
13 | suffering from hemophilia, rape
victims, and premature and | ||||||
14 | high-mortality risk infants and their mothers and
for grants | ||||||
15 | for supplemental food supplies provided under the United States
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16 | Department of Agriculture Women, Infants and Children | ||||||
17 | Nutrition Program,
for any fiscal year without regard to the | ||||||
18 | fact that the services being
compensated for by such payment | ||||||
19 | may have been rendered in a prior fiscal year.
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20 | (d) The Department of Public Health and the Department of | ||||||
21 | Human Services
(acting as successor to the Department of Public | ||||||
22 | Health under the Department of
Human Services Act) shall each | ||||||
23 | annually submit to the State Comptroller, Senate
President, | ||||||
24 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
25 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
26 | the
Appropriations Committees of the Senate and the House, on |
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1 | or before
December 31, a report of fiscal year funds used to | ||||||
2 | pay for services
provided in any prior fiscal year. This report | ||||||
3 | shall document by program or
service category those | ||||||
4 | expenditures from the most recently completed fiscal
year used | ||||||
5 | to pay for services provided in prior fiscal years.
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6 | (e) The Department of Healthcare and Family Services
Public | ||||||
7 | Aid , the Department of Human Services
(acting as successor to | ||||||
8 | the Department of Public Aid), and the Department of Human | ||||||
9 | Services making fee-for-service payments relating to substance | ||||||
10 | abuse treatment services provided during a previous fiscal year | ||||||
11 | shall each annually
submit to the State
Comptroller, Senate | ||||||
12 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
13 | Minority Leader, the respective Chairmen and Minority | ||||||
14 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
15 | the House, on or before November
30, a report that shall | ||||||
16 | document by program or service category those
expenditures from | ||||||
17 | the most recently completed fiscal year used to pay for (i)
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18 | services provided in prior fiscal years and (ii) services for | ||||||
19 | which claims were
received in prior fiscal years.
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20 | (f) The Department of Human Services (as successor to the | ||||||
21 | Department of
Public Aid) shall annually submit to the State
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22 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
23 | of the House,
House Minority Leader, and the respective | ||||||
24 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
25 | Committees of the Senate and the House, on or before
December | ||||||
26 | 31, a report
of fiscal year funds used to pay for services |
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1 | (other than medical care)
provided in any prior fiscal year. | ||||||
2 | This report shall document by program or
service category those | ||||||
3 | expenditures from the most recently completed fiscal
year used | ||||||
4 | to pay for services provided in prior fiscal years.
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5 | (g) In addition, each annual report required to be | ||||||
6 | submitted by the
Department of Healthcare and Family Services
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7 | Public Aid under subsection (e) shall include the following
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8 | information with respect to the State's Medicaid program:
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9 | (1) Explanations of the exact causes of the variance | ||||||
10 | between the previous
year's estimated and actual | ||||||
11 | liabilities.
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12 | (2) Factors affecting the Department of Healthcare and | ||||||
13 | Family Services'
Public Aid's liabilities,
including but | ||||||
14 | not limited to numbers of aid recipients, levels of medical
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15 | service utilization by aid recipients, and inflation in the | ||||||
16 | cost of medical
services.
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17 | (3) The results of the Department's efforts to combat | ||||||
18 | fraud and abuse.
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19 | (h) As provided in Section 4 of the General Assembly | ||||||
20 | Compensation Act,
any utility bill for service provided to a | ||||||
21 | General Assembly
member's district office for a period | ||||||
22 | including portions of 2 consecutive
fiscal years may be paid | ||||||
23 | from funds appropriated for such expenditure in
either fiscal | ||||||
24 | year.
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25 | (i) An agency which administers a fund classified by the | ||||||
26 | Comptroller as an
internal service fund may issue rules for:
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1 | (1) billing user agencies in advance for payments or | ||||||
2 | authorized inter-fund transfers
based on estimated charges | ||||||
3 | for goods or services;
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4 | (2) issuing credits, refunding through inter-fund | ||||||
5 | transfers, or reducing future inter-fund transfers
during
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6 | the subsequent fiscal year for all user agency payments or | ||||||
7 | authorized inter-fund transfers received during the
prior | ||||||
8 | fiscal year which were in excess of the final amounts owed | ||||||
9 | by the user
agency for that period; and
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10 | (3) issuing catch-up billings to user agencies
during | ||||||
11 | the subsequent fiscal year for amounts remaining due when | ||||||
12 | payments or authorized inter-fund transfers
received from | ||||||
13 | the user agency during the prior fiscal year were less than | ||||||
14 | the
total amount owed for that period.
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15 | User agencies are authorized to reimburse internal service | ||||||
16 | funds for catch-up
billings by vouchers drawn against their | ||||||
17 | respective appropriations for the
fiscal year in which the | ||||||
18 | catch-up billing was issued or by increasing an authorized | ||||||
19 | inter-fund transfer during the current fiscal year. For the | ||||||
20 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
21 | without the use of the voucher-warrant process, as authorized | ||||||
22 | by Section 9.01 of the State Comptroller Act.
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23 | (Source: P.A. 92-885, eff. 1-13-03; 93-19, eff. 6-20-03; | ||||||
24 | 93-839, eff. 7-30-04; 93-841, eff. 7-30-04; revised 12-15-05.)
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