Full Text of HB4189 96th General Assembly
HB4189 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4189
Introduced 2/27/2009, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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20 ILCS 405/405-105 |
was 20 ILCS 405/64.1 |
30 ILCS 105/25 |
from Ch. 127, par. 161 |
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Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois and the State Finance Act. Provides that liability self-insurance settlements and State employee indemnification payments are not subject to fiscal year limitations.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4189 |
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LRB096 03378 RCE 13401 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Department of Central Management Services | 5 |
| Law of the
Civil Administrative Code of Illinois is amended by | 6 |
| changing Section 405-105 as follows:
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| (20 ILCS 405/405-105) (was 20 ILCS 405/64.1)
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| Sec. 405-105. Fidelity, surety, property, and casualty | 9 |
| insurance. The Department
shall establish and implement a | 10 |
| program to coordinate
the handling of all fidelity, surety, | 11 |
| property, and casualty insurance
exposures of the State and the | 12 |
| departments, divisions, agencies,
branches,
and universities | 13 |
| of the State. In performing this responsibility, the
Department | 14 |
| shall have the power and duty to do the following:
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| (1) Develop and maintain loss and exposure data on all | 16 |
| State
property.
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| (2) Study the feasibility of establishing a self-insurance | 18 |
| plan
for
State property and prepare estimates of the costs of | 19 |
| reinsurance for
risks beyond the realistic limits of the | 20 |
| self-insurance.
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| (3) Prepare a plan for centralizing the purchase of | 22 |
| property and
casualty insurance on State property under a | 23 |
| master policy or policies
and purchase the insurance contracted |
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| for as provided in the
Illinois Purchasing Act.
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| (4) Evaluate existing provisions for fidelity bonds | 3 |
| required of
State employees and recommend changes that are | 4 |
| appropriate
commensurate with risk experience and the | 5 |
| determinations respecting
self-insurance or reinsurance so as | 6 |
| to permit reduction of costs without
loss of coverage.
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| (5) Investigate procedures for inclusion of school | 8 |
| districts,
public community
college districts, and other units | 9 |
| of local government in programs for
the centralized purchase of | 10 |
| insurance.
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| (6) Implement recommendations of the State Property
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| Insurance
Study Commission that the Department finds necessary | 13 |
| or desirable in
the
performance of its powers and duties under | 14 |
| this Section to achieve
efficient and comprehensive risk | 15 |
| management.
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| (7) Prepare and, in the discretion of the Director, | 17 |
| implement a plan providing for the purchase of public
liability | 18 |
| insurance or for self-insurance for public liability or for a
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| combination of purchased insurance and self-insurance for | 20 |
| public
liability (i) covering the State and drivers of motor | 21 |
| vehicles
owned,
leased, or controlled by the State of Illinois | 22 |
| pursuant to the provisions
and limitations contained in the | 23 |
| Illinois Vehicle Code, (ii)
covering
other public liability | 24 |
| exposures of the State and its employees within
the scope of | 25 |
| their employment, and (iii) covering drivers of motor
vehicles | 26 |
| not owned, leased, or controlled by the State but used by a
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| State employee on State business, in excess of liability | 2 |
| covered by an
insurance policy obtained by the owner of the | 3 |
| motor vehicle or in
excess of the dollar amounts that the | 4 |
| Department shall
determine to be
reasonable. Any contract of | 5 |
| insurance let under this Law shall be
by
bid in accordance with | 6 |
| the procedure set forth in the Illinois
Purchasing Act. Any | 7 |
| provisions for self-insurance shall conform to
subdivision | 8 |
| (11).
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| The term "employee" as used in this subdivision (7) and in | 10 |
| subdivision
(11)
means a person while in the employ of the | 11 |
| State who is a member of the
staff or personnel of a State | 12 |
| agency, bureau, board, commission,
committee, department, | 13 |
| university, or college or who is a State officer,
elected | 14 |
| official, commissioner, member of or ex officio member of a
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| State agency, bureau, board, commission, committee, | 16 |
| department,
university, or college, or a member of the National | 17 |
| Guard while on active
duty pursuant to orders of the Governor | 18 |
| of the State of Illinois, or any
other person while using a | 19 |
| licensed motor vehicle owned, leased, or
controlled by the | 20 |
| State of Illinois with the authorization of the State
of | 21 |
| Illinois, provided the actual use of the motor vehicle is
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| within the scope of that
authorization and within the course of | 23 |
| State service.
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| Subsequent to payment of a claim on behalf of an employee | 25 |
| pursuant to this
Section and after reasonable advance written | 26 |
| notice to the employee, the
Director may exclude the employee |
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| from future coverage or limit the
coverage under the plan if | 2 |
| (i) the Director determines that the
claim
resulted from an | 3 |
| incident in which the employee was grossly negligent or
had | 4 |
| engaged in willful and wanton misconduct or (ii) the
Director
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| determines that the employee is no longer an acceptable risk | 6 |
| based on a
review of prior accidents in which the employee was | 7 |
| at fault and for which
payments were made pursuant to this | 8 |
| Section.
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| The Director is authorized to
promulgate administrative | 10 |
| rules that may be necessary to
establish and
administer the | 11 |
| plan.
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| Appropriations from the Road Fund shall be used to pay auto | 13 |
| liability claims
and related expenses involving employees of | 14 |
| the Department of Transportation,
the Illinois State Police, | 15 |
| and the Secretary of State.
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| (8) Charge, collect, and receive from all other agencies of
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| the State
government fees or monies equivalent to the cost of | 18 |
| purchasing the insurance.
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| (9) Establish, through the Director, charges for risk
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| management
services
rendered to State agencies by the | 21 |
| Department.
The State agencies so charged shall reimburse the | 22 |
| Department by vouchers drawn
against their respective
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| appropriations. The reimbursement shall be determined by the | 24 |
| Director as
amounts sufficient to reimburse the Department
for | 25 |
| expenditures incurred in rendering the service.
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| The Department shall charge the
employing State agency or |
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| university for workers' compensation payments for
temporary | 2 |
| total disability paid to any employee after the employee has
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| received temporary total disability payments for 120 days if | 4 |
| the employee's
treating physician has issued a release to | 5 |
| return to work with restrictions
and the employee is able to | 6 |
| perform modified duty work but the employing
State agency or
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| university does not return the employee to work at modified | 8 |
| duty. Modified
duty shall be duties assigned that may or may | 9 |
| not be delineated
as part of the duties regularly performed by | 10 |
| the employee. Modified duties
shall be assigned within the | 11 |
| prescribed restrictions established by the
treating physician | 12 |
| and the physician who performed the independent medical
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| examination. The amount of all reimbursements
shall be | 14 |
| deposited into the Workers' Compensation Revolving Fund which | 15 |
| is
hereby created as a revolving fund in the State treasury. In | 16 |
| addition to any other purpose authorized by law, moneys in the | 17 |
| Fund
shall be used, subject to appropriation, to pay these or | 18 |
| other temporary
total disability claims of employees of State | 19 |
| agencies and universities.
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| Beginning with fiscal year 1996, all amounts recovered by | 21 |
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Department through subrogation in workers' compensation | 22 |
| and workers'
occupational disease cases shall be
deposited into | 23 |
| the Workers' Compensation Revolving Fund created under
this | 24 |
| subdivision (9).
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| (10) Establish rules, procedures, and forms to be used by
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| State agencies
in the administration and payment of workers' |
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| compensation claims.
The Department shall initially evaluate | 2 |
| and determine the compensability of
any injury that is
the | 3 |
| subject of a workers' compensation claim and provide for the
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| administration and payment of such a claim for all State | 5 |
| agencies. The
Director may delegate to any agency with the | 6 |
| agreement of the agency head
the responsibility for evaluation, | 7 |
| administration, and payment of that
agency's claims.
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| (11) Any plan for public liability self-insurance | 9 |
| implemented
under this
Section shall provide that (i) the | 10 |
| Department
shall attempt to settle and may settle any public | 11 |
| liability claim filed
against the State of Illinois or any | 12 |
| public liability claim filed
against a State employee on the | 13 |
| basis of an occurrence in the course of
the employee's State | 14 |
| employment; (ii) any settlement of
such a claim must be
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| approved by the Director and, in cases of
settlements exceeding | 16 |
| $100,000, by the Governor; and (iii) a
settlement of
any public | 17 |
| liability claim against the State or a State employee shall
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| require an unqualified release of any right of action against | 19 |
| the State
and the employee for acts within the scope of the | 20 |
| employee's employment
giving rise to the claim. Settlements of | 21 |
| claims under this item (11) are not subject to fiscal year | 22 |
| limitations.
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| Whenever and to the extent that a State
employee operates a | 24 |
| motor vehicle or engages in other activity covered
by | 25 |
| self-insurance under this Section, the State of Illinois shall
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| defend, indemnify, and hold harmless the employee against any |
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| claim in
tort filed against the employee for acts or omissions | 2 |
| within the scope
of the employee's employment in any proper | 3 |
| judicial forum and not
settled pursuant
to this subdivision | 4 |
| (11), provided that this obligation of
the State of
Illinois | 5 |
| shall not exceed a maximum liability of $2,000,000 for any
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| single occurrence in connection with the operation of a motor | 7 |
| vehicle or
$100,000 per person per occurrence for any other | 8 |
| single occurrence,
or $500,000 for any single occurrence in | 9 |
| connection with the provision of
medical care by a licensed | 10 |
| physician employee.
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| Any
claims against the State of Illinois under a | 12 |
| self-insurance plan that
are not settled pursuant to this | 13 |
| subdivision (11) shall be
heard and
determined by the Court of | 14 |
| Claims and may not be filed or adjudicated
in any other forum. | 15 |
| The Attorney General of the State of Illinois or
the Attorney | 16 |
| General's designee shall be the attorney with respect
to all | 17 |
| public liability
self-insurance claims that are not settled | 18 |
| pursuant to this
subdivision (11)
and therefore result in | 19 |
| litigation. The payment of any award of the
Court of Claims | 20 |
| entered against the State relating to any public
liability | 21 |
| self-insurance claim shall act as a release against any State
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| employee involved in the occurrence.
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| (12) Administer a plan the purpose of which is to make | 24 |
| payments
on final
settlements or final judgments in accordance | 25 |
| with the State Employee
Indemnification Act. The plan shall be | 26 |
| funded through appropriations from the
General Revenue Fund |
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| specifically designated for that purpose, except that
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| indemnification expenses for employees of the Department of | 3 |
| Transportation,
the Illinois State Police, and the Secretary of | 4 |
| State
shall be paid
from the Road
Fund. The term "employee" as | 5 |
| used in this subdivision (12) has the same
meaning as under | 6 |
| subsection (b) of Section 1 of the State Employee
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| Indemnification Act. Subject to sufficient appropriation, the | 8 |
| Director shall approve payment of any claim presented to
the | 9 |
| Director
that is supported by a final settlement or final | 10 |
| judgment when the Attorney
General and the chief officer of the | 11 |
| public body against whose employee the
claim or cause of action | 12 |
| is asserted certify to the Director that
the claim is in
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| accordance with the State Employee Indemnification Act and that | 14 |
| they
approve
of the payment. In no event shall an amount in | 15 |
| excess of $150,000 be paid from
this plan to or for the benefit | 16 |
| of any claimant. Settlements of claims under this item (12) are | 17 |
| not subject to fiscal year limitations.
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| (13) Administer a plan the purpose of which is to make | 19 |
| payments
on final
settlements or final judgments for employee | 20 |
| wage claims in situations where
there was an appropriation | 21 |
| relevant to the wage claim, the fiscal year
and lapse period | 22 |
| have expired, and sufficient funds were available
to
pay the | 23 |
| claim. The plan shall be funded through
appropriations from the | 24 |
| General Revenue Fund specifically designated for
that purpose.
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| Subject to sufficient appropriation, the Director is | 26 |
| authorized to pay any wage claim presented to the
Director
that |
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| is supported by a final settlement or final judgment when the | 2 |
| chief
officer of the State agency employing the claimant | 3 |
| certifies to the
Director that
the claim is a valid wage claim | 4 |
| and that the fiscal year and lapse period
have expired. Payment | 5 |
| for claims that are properly submitted and certified
as valid | 6 |
| by the Director
shall include interest accrued at the rate of | 7 |
| 7% per annum from the
forty-fifth day after the claims are | 8 |
| received by the Department or 45 days from the date on which | 9 |
| the amount of payment
is agreed upon, whichever is later, until | 10 |
| the date the claims are submitted
to the Comptroller for | 11 |
| payment. When the Attorney General has filed an
appearance in | 12 |
| any proceeding concerning a wage claim settlement or
judgment, | 13 |
| the Attorney General shall certify to the Director that the | 14 |
| wage claim is valid before any payment is
made. In no event | 15 |
| shall an amount in excess of $150,000 be paid from this
plan to | 16 |
| or for the benefit of any claimant.
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| Nothing in Public Act 84-961 shall be construed to affect | 18 |
| in any manner the jurisdiction of the
Court of Claims | 19 |
| concerning wage claims made against the State of Illinois.
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| (14) Prepare and, in the discretion of the Director, | 21 |
| implement a program for
self-insurance for official
fidelity | 22 |
| and surety bonds for officers and employees as authorized by | 23 |
| the
Official Bond Act.
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| (Source: P.A. 93-839, eff. 7-30-04.)
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| Section 10. The State Finance Act is amended by changing |
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| Section 25 as follows:
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| (30 ILCS 105/25) (from Ch. 127, par. 161)
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| Sec. 25. Fiscal year limitations.
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| (a) All appropriations shall be
available for expenditure | 5 |
| for the fiscal year or for a lesser period if the
Act making | 6 |
| that appropriation so specifies. A deficiency or emergency
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| appropriation shall be available for expenditure only through | 8 |
| June 30 of
the year when the Act making that appropriation is | 9 |
| enacted unless that Act
otherwise provides.
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| (b) Outstanding liabilities as of June 30, payable from | 11 |
| appropriations
which have otherwise expired, may be paid out of | 12 |
| the expiring
appropriations during the 2-month period ending at | 13 |
| the
close of business on August 31. Any service involving
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| professional or artistic skills or any personal services by an | 15 |
| employee whose
compensation is subject to income tax | 16 |
| withholding must be performed as of June
30 of the fiscal year | 17 |
| in order to be considered an "outstanding liability as of
June | 18 |
| 30" that is thereby eligible for payment out of the expiring
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| appropriation.
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| However, payment of tuition reimbursement claims under | 21 |
| Section 14-7.03 or
18-3 of the School Code may be made by the | 22 |
| State Board of Education from its
appropriations for those | 23 |
| respective purposes for any fiscal year, even though
the claims | 24 |
| reimbursed by the payment may be claims attributable to a prior
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| fiscal year, and payments may be made at the direction of the |
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| State
Superintendent of Education from the fund from which the | 2 |
| appropriation is made
without regard to any fiscal year | 3 |
| limitations.
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| Medical payments may be made by the Department of Veterans' | 5 |
| Affairs from
its
appropriations for those purposes for any | 6 |
| fiscal year, without regard to the
fact that the medical | 7 |
| services being compensated for by such payment may have
been | 8 |
| rendered in a prior fiscal year.
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| Medical payments may be made by the Department of | 10 |
| Healthcare and Family Services and medical payments and child | 11 |
| care
payments may be made by the Department of
Human Services | 12 |
| (as successor to the Department of Public Aid) from
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| appropriations for those purposes for any fiscal year,
without | 14 |
| regard to the fact that the medical or child care services | 15 |
| being
compensated for by such payment may have been rendered in | 16 |
| a prior fiscal
year; and payments may be made at the direction | 17 |
| of the Department of
Central Management Services from the | 18 |
| Health Insurance Reserve Fund and the
Local Government Health | 19 |
| Insurance Reserve Fund without regard to any fiscal
year | 20 |
| limitations.
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| Medical payments may be made by the Department of Human | 22 |
| Services from its appropriations relating to substance abuse | 23 |
| treatment services for any fiscal year, without regard to the | 24 |
| fact that the medical services being compensated for by such | 25 |
| payment may have been rendered in a prior fiscal year, provided | 26 |
| the payments are made on a fee-for-service basis consistent |
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| with requirements established for Medicaid reimbursement by | 2 |
| the Department of Healthcare and Family Services. | 3 |
| Additionally, payments may be made by the Department of | 4 |
| Human Services from
its appropriations, or any other State | 5 |
| agency from its appropriations with
the approval of the | 6 |
| Department of Human Services, from the Immigration Reform
and | 7 |
| Control Fund for purposes authorized pursuant to the | 8 |
| Immigration Reform
and Control Act of 1986, without regard to | 9 |
| any fiscal year limitations.
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| Further, with respect to costs incurred in fiscal years | 11 |
| 2002 and 2003 only,
payments may be made by the State Treasurer | 12 |
| from its
appropriations
from the Capital Litigation Trust Fund | 13 |
| without regard to any fiscal year
limitations.
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| Lease payments may be made by the Department of Central | 15 |
| Management
Services under the sale and leaseback provisions of
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| Section 7.4 of
the State Property Control Act with respect to | 17 |
| the James R. Thompson Center and
the
Elgin Mental Health Center | 18 |
| and surrounding land from appropriations for that
purpose | 19 |
| without regard to any fiscal year
limitations.
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| Lease payments may be made under the sale and leaseback | 21 |
| provisions of
Section 7.5 of the State Property Control Act | 22 |
| with
respect to the
Illinois State Toll Highway Authority | 23 |
| headquarters building and surrounding
land
without regard to | 24 |
| any fiscal year
limitations.
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| Liability self-insurance payments under item (11) of 20 | 26 |
| ILCS 405/405-105 and State employee indemnification payments |
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| under item (12) of 20 ILCS 405/405-105 may be made by the | 2 |
| Department of Central Management
Services from appropriations | 3 |
| for those respective
purposes without regard to any fiscal year
| 4 |
| limitations. | 5 |
| (c) Further, payments may be made by the Department of | 6 |
| Public Health and the
Department of Human Services (acting as | 7 |
| successor to the Department of Public
Health under the | 8 |
| Department of Human Services Act)
from their respective | 9 |
| appropriations for grants for medical care to or on
behalf of | 10 |
| persons
suffering from chronic renal disease, persons | 11 |
| suffering from hemophilia, rape
victims, and premature and | 12 |
| high-mortality risk infants and their mothers and
for grants | 13 |
| for supplemental food supplies provided under the United States
| 14 |
| Department of Agriculture Women, Infants and Children | 15 |
| Nutrition Program,
for any fiscal year without regard to the | 16 |
| fact that the services being
compensated for by such payment | 17 |
| may have been rendered in a prior fiscal year.
| 18 |
| (d) The Department of Public Health and the Department of | 19 |
| Human Services
(acting as successor to the Department of Public | 20 |
| Health under the Department of
Human Services Act) shall each | 21 |
| annually submit to the State Comptroller, Senate
President, | 22 |
| Senate
Minority Leader, Speaker of the House, House Minority | 23 |
| Leader, and the
respective Chairmen and Minority Spokesmen of | 24 |
| the
Appropriations Committees of the Senate and the House, on | 25 |
| or before
December 31, a report of fiscal year funds used to | 26 |
| pay for services
provided in any prior fiscal year. This report |
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| shall document by program or
service category those | 2 |
| expenditures from the most recently completed fiscal
year used | 3 |
| to pay for services provided in prior fiscal years.
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| (e) The Department of Healthcare and Family Services, the | 5 |
| Department of Human Services
(acting as successor to the | 6 |
| Department of Public Aid), and the Department of Human Services | 7 |
| making fee-for-service payments relating to substance abuse | 8 |
| treatment services provided during a previous fiscal year shall | 9 |
| each annually
submit to the State
Comptroller, Senate | 10 |
| President, Senate Minority Leader, Speaker of the House,
House | 11 |
| Minority Leader, the respective Chairmen and Minority | 12 |
| Spokesmen of the
Appropriations Committees of the Senate and | 13 |
| the House, on or before November
30, a report that shall | 14 |
| document by program or service category those
expenditures from | 15 |
| the most recently completed fiscal year used to pay for (i)
| 16 |
| services provided in prior fiscal years and (ii) services for | 17 |
| which claims were
received in prior fiscal years.
| 18 |
| (f) The Department of Human Services (as successor to the | 19 |
| Department of
Public Aid) shall annually submit to the State
| 20 |
| Comptroller, Senate President, Senate Minority Leader, Speaker | 21 |
| of the House,
House Minority Leader, and the respective | 22 |
| Chairmen and Minority Spokesmen of
the Appropriations | 23 |
| Committees of the Senate and the House, on or before
December | 24 |
| 31, a report
of fiscal year funds used to pay for services | 25 |
| (other than medical care)
provided in any prior fiscal year. | 26 |
| This report shall document by program or
service category those |
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| expenditures from the most recently completed fiscal
year used | 2 |
| to pay for services provided in prior fiscal years.
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| (g) In addition, each annual report required to be | 4 |
| submitted by the
Department of Healthcare and Family Services | 5 |
| under subsection (e) shall include the following
information | 6 |
| with respect to the State's Medicaid program:
| 7 |
| (1) Explanations of the exact causes of the variance | 8 |
| between the previous
year's estimated and actual | 9 |
| liabilities.
| 10 |
| (2) Factors affecting the Department of Healthcare and | 11 |
| Family Services' liabilities,
including but not limited to | 12 |
| numbers of aid recipients, levels of medical
service | 13 |
| utilization by aid recipients, and inflation in the cost of | 14 |
| medical
services.
| 15 |
| (3) The results of the Department's efforts to combat | 16 |
| fraud and abuse.
| 17 |
| (h) As provided in Section 4 of the General Assembly | 18 |
| Compensation Act,
any utility bill for service provided to a | 19 |
| General Assembly
member's district office for a period | 20 |
| including portions of 2 consecutive
fiscal years may be paid | 21 |
| from funds appropriated for such expenditure in
either fiscal | 22 |
| year.
| 23 |
| (i) An agency which administers a fund classified by the | 24 |
| Comptroller as an
internal service fund may issue rules for:
| 25 |
| (1) billing user agencies in advance for payments or | 26 |
| authorized inter-fund transfers
based on estimated charges |
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| for goods or services;
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| (2) issuing credits, refunding through inter-fund | 3 |
| transfers, or reducing future inter-fund transfers
during
| 4 |
| the subsequent fiscal year for all user agency payments or | 5 |
| authorized inter-fund transfers received during the
prior | 6 |
| fiscal year which were in excess of the final amounts owed | 7 |
| by the user
agency for that period; and
| 8 |
| (3) issuing catch-up billings to user agencies
during | 9 |
| the subsequent fiscal year for amounts remaining due when | 10 |
| payments or authorized inter-fund transfers
received from | 11 |
| the user agency during the prior fiscal year were less than | 12 |
| the
total amount owed for that period.
| 13 |
| User agencies are authorized to reimburse internal service | 14 |
| funds for catch-up
billings by vouchers drawn against their | 15 |
| respective appropriations for the
fiscal year in which the | 16 |
| catch-up billing was issued or by increasing an authorized | 17 |
| inter-fund transfer during the current fiscal year. For the | 18 |
| purposes of this Act, "inter-fund transfers" means transfers | 19 |
| without the use of the voucher-warrant process, as authorized | 20 |
| by Section 9.01 of the State Comptroller Act.
| 21 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
|