Illinois General Assembly - Full Text of HB5814
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Full Text of HB5814  100th General Assembly

HB5814enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB5814 EnrolledLRB100 17197 RJF 32353 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Budget Law of the Civil Administrative
5Code of Illinois is amended by changing Section 50-10 as
6follows:
 
7    (15 ILCS 20/50-10)  (was 15 ILCS 20/38.1)
8    Sec. 50-10. Budget contents. The budget shall be submitted
9by the Governor with line item and program data. The budget
10shall also contain performance data presenting an estimate for
11the current fiscal year, projections for the budget year, and
12information for the 3 prior fiscal years comparing department
13objectives with actual accomplishments, formulated according
14to the various functions and activities, and, wherever the
15nature of the work admits, according to the work units, for
16which the respective departments, offices, and institutions of
17the State government (including the elective officers in the
18executive department and including the University of Illinois
19and the judicial department) are responsible.
20    For the fiscal year beginning July 1, 1992 and for each
21fiscal year thereafter, the budget shall include the
22performance measures of each department's accountability
23report.

 

 

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1    For the fiscal year beginning July 1, 1997 and for each
2fiscal year thereafter, the budget shall include one or more
3line items appropriating moneys to the Department of Human
4Services to fund participation in the Home-Based Support
5Services Program for Adults with Mental Disabilities under the
6Developmental Disability and Mental Disability Services Act by
7persons described in Section 2-17 of that Act.
8    For the fiscal year beginning July 1, 2019, and for each
9fiscal year thereafter, the budget shall include a separate
10line item request appropriating moneys to each State agency
11for: (1) estimated costs for each fund under the State Prompt
12Payment Act; and (2) estimated costs for each fund under
13Sections 368a and 370a of the Illinois Insurance Code.
14    The budget shall contain a capital development section in
15which the Governor will present (1) information on the capital
16projects and capital programs for which appropriations are
17requested, (2) the capital spending plans, which shall document
18the first and subsequent years cash requirements by fund for
19the proposed bonded program, and (3) a statement that shall
20identify by year the principal and interest costs until
21retirement of the State's general obligation debt. In addition,
22the principal and interest costs of the budget year program
23shall be presented separately, to indicate the marginal cost of
24principal and interest payments necessary to retire the
25additional bonds needed to finance the budget year's capital
26program. In 2004 only, the capital development section of the

 

 

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1State budget shall be submitted by the Governor not later than
2the fourth Tuesday of March (March 23, 2004).
3    The budget shall contain a section indicating whether there
4is a projected budget surplus or a projected budget deficit for
5general funds in the current fiscal year, or whether the
6current fiscal year's general funds budget is projected to be
7balanced, based on estimates prepared by the Governor's Office
8of Management and Budget using actual figures available on the
9date the budget is submitted. That section shall present this
10information in both a numerical table format and by way of a
11narrative description, and shall include information for the
12proposed upcoming fiscal year, the current fiscal year, and the
132 years prior to the current fiscal year. These estimates must
14specifically and separately identify any non-recurring
15revenues, including, but not limited to, borrowed money, money
16derived by borrowing or transferring from other funds, or any
17non-operating financial source. None of these specifically and
18separately identified non-recurring revenues may include any
19revenue that cannot be realized without a change to law.  The
20table shall show accounts payable at the end of each fiscal
21year in a manner that specifically and separately identifies
22any general funds liabilities accrued during the current and
23prior fiscal years that may be paid from future fiscal years'
24appropriations, including, but not limited to, costs that may
25be paid beyond the end of the lapse period as set forth in
26Section 25 of the State Finance Act and costs incurred by the

 

 

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1Department on Aging. The section shall also include an estimate
2of individual and corporate income tax overpayments that will
3not be refunded before the close of the fiscal year.
4    For the budget year, the current year, and 3 prior fiscal
5years, the Governor shall also include in the budget estimates
6of or actual values for the assets and liabilities for General
7Assembly Retirement System, State Employees' Retirement System
8of Illinois, State Universities Retirement System, Teachers'
9Retirement System of the State of Illinois, and Judges
10Retirement System of Illinois.
11    The budget submitted by the Governor shall contain, in
12addition, in a separate book, a tabulation of all position and
13employment titles in each such department, office, and
14institution, the number of each, and the salaries for each,
15formulated according to divisions, bureaus, sections, offices,
16departments, boards, and similar subdivisions, which shall
17correspond as nearly as practicable to the functions and
18activities for which the department, office, or institution is
19responsible.
20    Together with the budget, the Governor shall transmit the
21estimates of receipts and expenditures, as received by the
22Director of the Governor's Office of Management and Budget, of
23the elective officers in the executive and judicial departments
24and of the University of Illinois.
25    An applicable appropriations committee of each chamber of
26the General Assembly, for fiscal year 2012 and thereafter, must

 

 

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1review individual line item appropriations and the total budget
2for each State agency, as defined in the Illinois State
3Auditing Act.
4(Source: P.A. 98-460, eff. 1-1-14; 99-143, eff. 7-27-15.)
 
5    Section 10. The State Finance Act is amended by changing
6Section 13.2 as follows:
 
7    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
8    Sec. 13.2. Transfers among line item appropriations.
9    (a) Transfers among line item appropriations from the same
10treasury fund for the objects specified in this Section may be
11made in the manner provided in this Section when the balance
12remaining in one or more such line item appropriations is
13insufficient for the purpose for which the appropriation was
14made.
15    (a-1) No transfers may be made from one agency to another
16agency, nor may transfers be made from one institution of
17higher education to another institution of higher education
18except as provided by subsection (a-4).
19    (a-2) Except as otherwise provided in this Section,
20transfers may be made only among the objects of expenditure
21enumerated in this Section, except that no funds may be
22transferred from any appropriation for personal services, from
23any appropriation for State contributions to the State
24Employees' Retirement System, from any separate appropriation

 

 

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1for employee retirement contributions paid by the employer, nor
2from any appropriation for State contribution for employee
3group insurance. During State fiscal year 2005, an agency may
4transfer amounts among its appropriations within the same
5treasury fund for personal services, employee retirement
6contributions paid by employer, and State Contributions to
7retirement systems; notwithstanding and in addition to the
8transfers authorized in subsection (c) of this Section, the
9fiscal year 2005 transfers authorized in this sentence may be
10made in an amount not to exceed 2% of the aggregate amount
11appropriated to an agency within the same treasury fund. During
12State fiscal year 2007, the Departments of Children and Family
13Services, Corrections, Human Services, and Juvenile Justice
14may transfer amounts among their respective appropriations
15within the same treasury fund for personal services, employee
16retirement contributions paid by employer, and State
17contributions to retirement systems. During State fiscal year
182010, the Department of Transportation may transfer amounts
19among their respective appropriations within the same treasury
20fund for personal services, employee retirement contributions
21paid by employer, and State contributions to retirement
22systems. During State fiscal years 2010 and 2014 only, an
23agency may transfer amounts among its respective
24appropriations within the same treasury fund for personal
25services, employee retirement contributions paid by employer,
26and State contributions to retirement systems.

 

 

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1Notwithstanding, and in addition to, the transfers authorized
2in subsection (c) of this Section, these transfers may be made
3in an amount not to exceed 2% of the aggregate amount
4appropriated to an agency within the same treasury fund.
5    (a-2.5) During State fiscal year 2015 only, the State's
6Attorneys Appellate Prosecutor may transfer amounts among its
7respective appropriations contained in operational line items
8within the same treasury fund. Notwithstanding, and in addition
9to, the transfers authorized in subsection (c) of this Section,
10these transfers may be made in an amount not to exceed 4% of
11the aggregate amount appropriated to the State's Attorneys
12Appellate Prosecutor within the same treasury fund.
13    (a-3) Further, if an agency receives a separate
14appropriation for employee retirement contributions paid by
15the employer, any transfer by that agency into an appropriation
16for personal services must be accompanied by a corresponding
17transfer into the appropriation for employee retirement
18contributions paid by the employer, in an amount sufficient to
19meet the employer share of the employee contributions required
20to be remitted to the retirement system.
21    (a-4) Long-Term Care Rebalancing. The Governor may
22designate amounts set aside for institutional services
23appropriated from the General Revenue Fund or any other State
24fund that receives monies for long-term care services to be
25transferred to all State agencies responsible for the
26administration of community-based long-term care programs,

 

 

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1including, but not limited to, community-based long-term care
2programs administered by the Department of Healthcare and
3Family Services, the Department of Human Services, and the
4Department on Aging, provided that the Director of Healthcare
5and Family Services first certifies that the amounts being
6transferred are necessary for the purpose of assisting persons
7in or at risk of being in institutional care to transition to
8community-based settings, including the financial data needed
9to prove the need for the transfer of funds. The total amounts
10transferred shall not exceed 4% in total of the amounts
11appropriated from the General Revenue Fund or any other State
12fund that receives monies for long-term care services for each
13fiscal year. A notice of the fund transfer must be made to the
14General Assembly and posted at a minimum on the Department of
15Healthcare and Family Services website, the Governor's Office
16of Management and Budget website, and any other website the
17Governor sees fit. These postings shall serve as notice to the
18General Assembly of the amounts to be transferred. Notice shall
19be given at least 30 days prior to transfer.
20    (b) In addition to the general transfer authority provided
21under subsection (c), the following agencies have the specific
22transfer authority granted in this subsection:
23    The Department of Healthcare and Family Services is
24authorized to make transfers representing savings attributable
25to not increasing grants due to the births of additional
26children from line items for payments of cash grants to line

 

 

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1items for payments for employment and social services for the
2purposes outlined in subsection (f) of Section 4-2 of the
3Illinois Public Aid Code.
4    The Department of Children and Family Services is
5authorized to make transfers not exceeding 2% of the aggregate
6amount appropriated to it within the same treasury fund for the
7following line items among these same line items: Foster Home
8and Specialized Foster Care and Prevention, Institutions and
9Group Homes and Prevention, and Purchase of Adoption and
10Guardianship Services.
11    The Department on Aging is authorized to make transfers not
12exceeding 2% of the aggregate amount appropriated to it within
13the same treasury fund for the following Community Care Program
14line items among these same line items: purchase of services
15covered by the Community Care Program and Comprehensive Case
16Coordination.
17    The State Treasurer is authorized to make transfers among
18line item appropriations from the Capital Litigation Trust
19Fund, with respect to costs incurred in fiscal years 2002 and
202003 only, when the balance remaining in one or more such line
21item appropriations is insufficient for the purpose for which
22the appropriation was made, provided that no such transfer may
23be made unless the amount transferred is no longer required for
24the purpose for which that appropriation was made.
25    The State Board of Education is authorized to make
26transfers from line item appropriations within the same

 

 

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1treasury fund for General State Aid, General State Aid - Hold
2Harmless, and Evidence-Based Funding, provided that no such
3transfer may be made unless the amount transferred is no longer
4required for the purpose for which that appropriation was made,
5to the line item appropriation for Transitional Assistance when
6the balance remaining in such line item appropriation is
7insufficient for the purpose for which the appropriation was
8made.
9    The State Board of Education is authorized to make
10transfers between the following line item appropriations
11within the same treasury fund: Disabled Student
12Services/Materials (Section 14-13.01 of the School Code),
13Disabled Student Transportation Reimbursement (Section
1414-13.01 of the School Code), Disabled Student Tuition -
15Private Tuition (Section 14-7.02 of the School Code),
16Extraordinary Special Education (Section 14-7.02b of the
17School Code), Reimbursement for Free Lunch/Breakfast Program,
18Summer School Payments (Section 18-4.3 of the School Code), and
19Transportation - Regular/Vocational Reimbursement (Section
2029-5 of the School Code). Such transfers shall be made only
21when the balance remaining in one or more such line item
22appropriations is insufficient for the purpose for which the
23appropriation was made and provided that no such transfer may
24be made unless the amount transferred is no longer required for
25the purpose for which that appropriation was made.
26    The Department of Healthcare and Family Services is

 

 

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1authorized to make transfers not exceeding 4% of the aggregate
2amount appropriated to it, within the same treasury fund, among
3the various line items appropriated for Medical Assistance.
4    (c) The sum of such transfers for an agency in a fiscal
5year shall not exceed 2% of the aggregate amount appropriated
6to it within the same treasury fund for the following objects:
7Personal Services; Extra Help; Student and Inmate
8Compensation; State Contributions to Retirement Systems; State
9Contributions to Social Security; State Contribution for
10Employee Group Insurance; Contractual Services; Travel;
11Commodities; Printing; Equipment; Electronic Data Processing;
12Operation of Automotive Equipment; Telecommunications
13Services; Travel and Allowance for Committed, Paroled and
14Discharged Prisoners; Library Books; Federal Matching Grants
15for Student Loans; Refunds; Workers' Compensation,
16Occupational Disease, and Tort Claims; Late Interest Penalties
17under the State Prompt Payment Act and Sections 368a and 370a
18of the Illinois Insurance Code; and, in appropriations to
19institutions of higher education, Awards and Grants.
20Notwithstanding the above, any amounts appropriated for
21payment of workers' compensation claims to an agency to which
22the authority to evaluate, administer and pay such claims has
23been delegated by the Department of Central Management Services
24may be transferred to any other expenditure object where such
25amounts exceed the amount necessary for the payment of such
26claims.

 

 

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1    (c-1) Special provisions for State fiscal year 2003.
2Notwithstanding any other provision of this Section to the
3contrary, for State fiscal year 2003 only, transfers among line
4item appropriations to an agency from the same treasury fund
5may be made provided that the sum of such transfers for an
6agency in State fiscal year 2003 shall not exceed 3% of the
7aggregate amount appropriated to that State agency for State
8fiscal year 2003 for the following objects: personal services,
9except that no transfer may be approved which reduces the
10aggregate appropriations for personal services within an
11agency; extra help; student and inmate compensation; State
12contributions to retirement systems; State contributions to
13social security; State contributions for employee group
14insurance; contractual services; travel; commodities;
15printing; equipment; electronic data processing; operation of
16automotive equipment; telecommunications services; travel and
17allowance for committed, paroled, and discharged prisoners;
18library books; federal matching grants for student loans;
19refunds; workers' compensation, occupational disease, and tort
20claims; and, in appropriations to institutions of higher
21education, awards and grants.
22    (c-2) Special provisions for State fiscal year 2005.
23Notwithstanding subsections (a), (a-2), and (c), for State
24fiscal year 2005 only, transfers may be made among any line
25item appropriations from the same or any other treasury fund
26for any objects or purposes, without limitation, when the

 

 

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1balance remaining in one or more such line item appropriations
2is insufficient for the purpose for which the appropriation was
3made, provided that the sum of those transfers by a State
4agency shall not exceed 4% of the aggregate amount appropriated
5to that State agency for fiscal year 2005.
6    (c-3) Special provisions for State fiscal year 2015.
7Notwithstanding any other provision of this Section, for State
8fiscal year 2015, transfers among line item appropriations to a
9State agency from the same State treasury fund may be made for
10operational or lump sum expenses only, provided that the sum of
11such transfers for a State agency in State fiscal year 2015
12shall not exceed 4% of the aggregate amount appropriated to
13that State agency for operational or lump sum expenses for
14State fiscal year 2015. For the purpose of this subsection,
15"operational or lump sum expenses" includes the following
16objects: personal services; extra help; student and inmate
17compensation; State contributions to retirement systems; State
18contributions to social security; State contributions for
19employee group insurance; contractual services; travel;
20commodities; printing; equipment; electronic data processing;
21operation of automotive equipment; telecommunications
22services; travel and allowance for committed, paroled, and
23discharged prisoners; library books; federal matching grants
24for student loans; refunds; workers' compensation,
25occupational disease, and tort claims; lump sum and other
26purposes; and lump sum operations. For the purpose of this

 

 

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1subsection (c-3), "State agency" does not include the Attorney
2General, the Secretary of State, the Comptroller, the
3Treasurer, or the legislative or judicial branches.
4    (c-4) Special provisions for State fiscal year 2018.
5Notwithstanding any other provision of this Section, for State
6fiscal year 2018, transfers among line item appropriations to a
7State agency from the same State treasury fund may be made for
8operational or lump sum expenses only, provided that the sum of
9such transfers for a State agency in State fiscal year 2018
10shall not exceed 4% of the aggregate amount appropriated to
11that State agency for operational or lump sum expenses for
12State fiscal year 2018. For the purpose of this subsection
13(c-4), "operational or lump sum expenses" includes the
14following objects: personal services; extra help; student and
15inmate compensation; State contributions to retirement
16systems; State contributions to social security; State
17contributions for employee group insurance; contractual
18services; travel; commodities; printing; equipment; electronic
19data processing; operation of automotive equipment;
20telecommunications services; travel and allowance for
21committed, paroled, and discharged prisoners; library books;
22federal matching grants for student loans; refunds; workers'
23compensation, occupational disease, and tort claims; lump sum
24and other purposes; and lump sum operations. For the purpose of
25this subsection (c-4), "State agency" does not include the
26Attorney General, the Secretary of State, the Comptroller, the

 

 

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1Treasurer, or the legislative or judicial branches.
2    (d) Transfers among appropriations made to agencies of the
3Legislative and Judicial departments and to the
4constitutionally elected officers in the Executive branch
5require the approval of the officer authorized in Section 10 of
6this Act to approve and certify vouchers. Transfers among
7appropriations made to the University of Illinois, Southern
8Illinois University, Chicago State University, Eastern
9Illinois University, Governors State University, Illinois
10State University, Northeastern Illinois University, Northern
11Illinois University, Western Illinois University, the Illinois
12Mathematics and Science Academy and the Board of Higher
13Education require the approval of the Board of Higher Education
14and the Governor. Transfers among appropriations to all other
15agencies require the approval of the Governor.
16    The officer responsible for approval shall certify that the
17transfer is necessary to carry out the programs and purposes
18for which the appropriations were made by the General Assembly
19and shall transmit to the State Comptroller a certified copy of
20the approval which shall set forth the specific amounts
21transferred so that the Comptroller may change his records
22accordingly. The Comptroller shall furnish the Governor with
23information copies of all transfers approved for agencies of
24the Legislative and Judicial departments and transfers
25approved by the constitutionally elected officials of the
26Executive branch other than the Governor, showing the amounts

 

 

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1transferred and indicating the dates such changes were entered
2on the Comptroller's records.
3    (e) The State Board of Education, in consultation with the
4State Comptroller, may transfer line item appropriations for
5General State Aid or Evidence-Based Funding between the Common
6School Fund and the Education Assistance Fund. With the advice
7and consent of the Governor's Office of Management and Budget,
8the State Board of Education, in consultation with the State
9Comptroller, may transfer line item appropriations between the
10General Revenue Fund and the Education Assistance Fund for the
11following programs:
12        (1) Disabled Student Personnel Reimbursement (Section
13    14-13.01 of the School Code);
14        (2) Disabled Student Transportation Reimbursement
15    (subsection (b) of Section 14-13.01 of the School Code);
16        (3) Disabled Student Tuition - Private Tuition
17    (Section 14-7.02 of the School Code);
18        (4) Extraordinary Special Education (Section 14-7.02b
19    of the School Code);
20        (5) Reimbursement for Free Lunch/Breakfast Programs;
21        (6) Summer School Payments (Section 18-4.3 of the
22    School Code);
23        (7) Transportation - Regular/Vocational Reimbursement
24    (Section 29-5 of the School Code);
25        (8) Regular Education Reimbursement (Section 18-3 of
26    the School Code); and

 

 

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1        (9) Special Education Reimbursement (Section 14-7.03
2    of the School Code).
3(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
4eff. 8-31-17; revised 10-4-17.)
 
5    Section 15. The Governor's Office of Management and Budget
6Act is amended by changing Section 7.3 as follows:
 
7    (20 ILCS 3005/7.3)
8    Sec. 7.3. Annual economic and fiscal policy report. No
9later than November 15 of each year, the Governor's Office of
10Management and Budget shall submit an economic and fiscal
11policy report to the General Assembly. The report must outline
12the long-term economic and fiscal policy objectives of the
13State, the economic and fiscal policy intentions for the
14upcoming fiscal year, and the economic and fiscal policy
15intentions for the following 4 fiscal years. The report must
16highlight the total level of revenue, expenditure, deficit or
17surplus, and debt with respect to each of the reporting
18categories. The report must include any assumptions concerning
19tax rates and fees used to determine revenue and expenditures
20for future fiscal years. The report must include a comparison
21of the enacted current fiscal year budget to the current fiscal
22year outlook, and, if applicable, must outline any budgetary
23shortfalls and fiscal and policy options that the Office will
24pursue to remedy those budgetary shortfalls. If the projected

 

 

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1expenditures for any of the following 4 fiscal years exceeds
2the corresponding fiscal year projected revenues, then the
3report must outline fiscal and policy options that the Office
4will pursue to remedy the budgetary shortfall. The report must
5include: (1) an estimate of Late Interest Penalties under the
6State Prompt Payment Act for the upcoming fiscal year and
7projections of the same for each of the following 4 fiscal
8years; and (2) an estimate of interest penalties under Sections
9368a and 370a of the Illinois Insurance Code for the upcoming
10fiscal year and projections of the same for each of the
11following 4 fiscal years. The report must include an agency
12categorization key for the reporting categories. The report
13must be posted on the Office's Internet website and allow
14members of the public to post comments concerning the report.
15(Source: P.A. 98-692, eff. 7-1-14; 99-854, eff. 8-19-16.)
 
16    Section 20. The State Prompt Payment Act is amended by
17changing Section 3-2 as follows:
 
18    (30 ILCS 540/3-2)
19    Sec. 3-2. Beginning July 1, 1993, in any instance where a
20State official or agency is late in payment of a vendor's bill
21or invoice for goods or services furnished to the State, as
22defined in Section 1, properly approved in accordance with
23rules promulgated under Section 3-3, the State official or
24agency shall pay interest to the vendor in accordance with the

 

 

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1following:
2        (1) Any bill, except a bill submitted under Article V
3    of the Illinois Public Aid Code and except as provided
4    under paragraph (1.05) of this Section, approved for
5    payment under this Section must be paid or the payment
6    issued to the payee within 60 days of receipt of a proper
7    bill or invoice. If payment is not issued to the payee
8    within this 60-day period, an interest penalty of 1.0% of
9    any amount approved and unpaid shall be added for each
10    month or fraction thereof after the end of this 60-day
11    period, until final payment is made. Any bill, except a
12    bill for pharmacy or nursing facility services or goods,
13    and except as provided under paragraph (1.05) of this
14    Section, submitted under Article V of the Illinois Public
15    Aid Code approved for payment under this Section must be
16    paid or the payment issued to the payee within 60 days
17    after receipt of a proper bill or invoice, and, if payment
18    is not issued to the payee within this 60-day period, an
19    interest penalty of 2.0% of any amount approved and unpaid
20    shall be added for each month or fraction thereof after the
21    end of this 60-day period, until final payment is made. Any
22    bill for pharmacy or nursing facility services or goods
23    submitted under Article V of the Illinois Public Aid Code,
24    except as provided under paragraph (1.05) of this Section,
25    and approved for payment under this Section must be paid or
26    the payment issued to the payee within 60 days of receipt

 

 

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1    of a proper bill or invoice. If payment is not issued to
2    the payee within this 60-day period, an interest penalty of
3    1.0% of any amount approved and unpaid shall be added for
4    each month or fraction thereof after the end of this 60-day
5    period, until final payment is made.
6        (1.05) For State fiscal year 2012 and future fiscal
7    years, any bill approved for payment under this Section
8    must be paid or the payment issued to the payee within 90
9    days of receipt of a proper bill or invoice. If payment is
10    not issued to the payee within this 90-day period, an
11    interest penalty of 1.0% of any amount approved and unpaid
12    shall be added for each month, or 0.033% (one-thirtieth of
13    one percent) of any amount approved and unpaid for each
14    day, after the end of this 90-day period, until final
15    payment is made.
16        (1.1) A State agency shall review in a timely manner
17    each bill or invoice after its receipt. If the State agency
18    determines that the bill or invoice contains a defect
19    making it unable to process the payment request, the agency
20    shall notify the vendor requesting payment as soon as
21    possible after discovering the defect pursuant to rules
22    promulgated under Section 3-3; provided, however, that the
23    notice for construction related bills or invoices must be
24    given not later than 30 days after the bill or invoice was
25    first submitted. The notice shall identify the defect and
26    any additional information necessary to correct the

 

 

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1    defect. If one or more items on a construction related bill
2    or invoice are disapproved, but not the entire bill or
3    invoice, then the portion that is not disapproved shall be
4    paid.
5        (2) Where a State official or agency is late in payment
6    of a vendor's bill or invoice properly approved in
7    accordance with this Act, and different late payment terms
8    are not reduced to writing as a contractual agreement, the
9    State official or agency shall automatically pay interest
10    penalties required by this Section amounting to $50 or more
11    to the appropriate vendor. Each agency shall be responsible
12    for determining whether an interest penalty is owed and for
13    paying the interest to the vendor. Except as provided in
14    paragraph (4), an individual interest payment amounting to
15    $5 or less shall not be paid by the State. Interest due to
16    a vendor that amounts to greater than $5 and less than $50
17    shall not be paid but shall be accrued until all interest
18    due the vendor for all similar warrants exceeds $50, at
19    which time the accrued interest shall be payable and
20    interest will begin accruing again, except that interest
21    accrued as of the end of the fiscal year that does not
22    exceed $50 shall be payable at that time. In the event an
23    individual has paid a vendor for services in advance, the
24    provisions of this Section shall apply until payment is
25    made to that individual.
26        (3) The provisions of Public Act 96-1501 reducing the

 

 

HB5814 Enrolled- 22 -LRB100 17197 RJF 32353 b

1    interest rate on pharmacy claims under Article V of the
2    Illinois Public Aid Code to 1.0% per month shall apply to
3    any pharmacy bills for services and goods under Article V
4    of the Illinois Public Aid Code received on or after the
5    date 60 days before January 25, 2011 (the effective date of
6    Public Act 96-1501) except as provided under paragraph
7    (1.05) of this Section.
8        (4) Interest amounting to less than $5 shall not be
9    paid by the State, except for claims (i) to the Department
10    of Healthcare and Family Services or the Department of
11    Human Services, (ii) pursuant to Article V of the Illinois
12    Public Aid Code, the Covering ALL KIDS Health Insurance
13    Act, or the Children's Health Insurance Program Act, and
14    (iii) made (A) by pharmacies for prescriptive services or
15    (B) by any federally qualified health center for
16    prescriptive services or any other services.
17    Notwithstanding any provision to the contrary, interest
18may not be paid under this Act when: (1) a Chief Procurement
19Officer has voided the underlying contract for goods or
20services under Article 50 of the Illinois Procurement Code; or
21(2) the Auditor General is conducting a performance or program
22audit and the Comptroller has held or is holding for review a
23related contract or vouchers for payment of goods or services
24in the exercise of duties under Section 9 of the State
25Comptroller Act. In such event, interest shall not accrue
26during the pendency of the Auditor General's review.

 

 

HB5814 Enrolled- 23 -LRB100 17197 RJF 32353 b

1(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;
296-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff.
31-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff.
46-30-11; 97-348, eff. 8-12-11; 97-813, eff. 7-13-12; 97-932,
5eff. 8-10-12; 97-1142, eff. 12-28-12.)
 
6    Section 99. Effective date. This Act takes effect July 1,
72018.