Full Text of HB5814 100th General Assembly
HB5814enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Budget Law of the Civil Administrative | 5 | | Code of Illinois is amended by changing Section 50-10 as | 6 | | follows: | 7 | | (15 ILCS 20/50-10) (was 15 ILCS 20/38.1) | 8 | | Sec. 50-10. Budget contents. The budget shall be submitted | 9 | | by
the
Governor with line item and program
data. The budget | 10 | | shall also contain performance data presenting
an estimate for | 11 | | the current fiscal year, projections for the
budget year, and | 12 | | information for the 3 prior fiscal years
comparing department | 13 | | objectives with actual accomplishments,
formulated according | 14 | | to the various functions and activities,
and, wherever the | 15 | | nature of the work admits, according to the
work units, for | 16 | | which the respective departments, offices, and
institutions of | 17 | | the State government (including the elective
officers in the | 18 | | executive department and including the University
of Illinois | 19 | | and the judicial department) are responsible. | 20 | | For the fiscal
year beginning July 1, 1992 and for each | 21 | | fiscal year thereafter, the budget
shall include the | 22 | | performance measures of each department's accountability
| 23 | | report. |
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| 1 | | For the fiscal year beginning July 1, 1997 and for each
| 2 | | fiscal year thereafter, the budget shall include one or more | 3 | | line items
appropriating moneys to the Department of Human | 4 | | Services to
fund participation in the Home-Based Support | 5 | | Services Program for Adults with Mental Disabilities under the | 6 | | Developmental Disability and Mental Disability
Services Act by | 7 | | persons described in Section 2-17 of that Act. | 8 | | For the fiscal year beginning July 1, 2019, and for each | 9 | | fiscal year thereafter, the budget shall include a separate | 10 | | line item request appropriating moneys to each State agency | 11 | | for: (1) estimated costs for each fund under the State Prompt | 12 | | Payment Act; and (2) estimated costs for each fund under | 13 | | Sections 368a and 370a of the Illinois Insurance Code. | 14 | | The budget
shall contain a capital development
section in | 15 | | which the Governor will present (1) information on the capital
| 16 | | projects and capital programs for which appropriations are | 17 | | requested,
(2) the capital spending plans, which shall document | 18 | | the first
and subsequent years cash requirements by fund for | 19 | | the proposed
bonded program, and (3) a statement that shall | 20 | | identify by
year
the principal and interest costs until | 21 | | retirement of the State's
general obligation debt. In addition, | 22 | | the principal and interest
costs of the budget year program | 23 | | shall be presented separately,
to indicate the marginal cost of | 24 | | principal and interest payments
necessary to retire the | 25 | | additional bonds needed to finance the
budget year's capital | 26 | | program. In 2004 only, the capital development section of the |
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| 1 | | State budget shall be submitted by the Governor not later than | 2 | | the fourth Tuesday of March (March 23, 2004).
| 3 | | The budget shall contain a section indicating whether there | 4 | | is a projected budget surplus or a projected budget deficit for | 5 | | general funds in the current fiscal year, or whether the | 6 | | current fiscal year's general funds budget is projected to be | 7 | | balanced, based on estimates prepared by the Governor's Office | 8 | | of Management and Budget using actual figures available on the | 9 | | date the budget is submitted. That section shall present this | 10 | | information in both a numerical table format and by way of a | 11 | | narrative description, and shall include information for the | 12 | | proposed upcoming fiscal year, the current fiscal year, and the | 13 | | 2 years prior to the current fiscal year. These estimates must | 14 | | specifically and separately identify any non-recurring | 15 | | revenues, including, but not limited to, borrowed money, money | 16 | | derived by borrowing or transferring from other funds, or any | 17 | | non-operating financial source. None of these specifically and | 18 | | separately identified non-recurring revenues may include any | 19 | | revenue that cannot be realized without a change to law. The | 20 | | table shall show accounts payable at the end of each fiscal | 21 | | year in a manner that specifically and separately identifies | 22 | | any general funds liabilities accrued during the current and | 23 | | prior fiscal years that may be paid from future fiscal years' | 24 | | appropriations, including, but not limited to, costs that may | 25 | | be paid beyond the end of the lapse period as set forth in | 26 | | Section 25 of the State Finance Act and costs incurred by the |
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| 1 | | Department on Aging. The section shall also include an estimate | 2 | | of individual and corporate income tax overpayments that will | 3 | | not be refunded before the close of the fiscal year. | 4 | | For the budget year, the current
year, and 3 prior fiscal | 5 | | years, the Governor shall also include
in the budget estimates | 6 | | of or actual values for the assets and
liabilities for General | 7 | | Assembly Retirement System, State Employees'
Retirement System | 8 | | of Illinois, State Universities Retirement System,
Teachers' | 9 | | Retirement System of the State of Illinois, and Judges
| 10 | | Retirement System of Illinois. | 11 | | The budget submitted by the Governor
shall contain, in | 12 | | addition, in a separate book, a tabulation of all
position and | 13 | | employment titles in each such department, office, and
| 14 | | institution, the number of each, and the salaries for each,
| 15 | | formulated according to divisions, bureaus, sections, offices,
| 16 | | departments, boards, and similar subdivisions, which shall
| 17 | | correspond as nearly as practicable to the functions and | 18 | | activities
for which the department, office, or institution is | 19 | | responsible. | 20 | | Together with the budget, the Governor shall transmit the
| 21 | | estimates of
receipts and expenditures, as received by the | 22 | | Director
of the
Governor's Office of Management and Budget, of | 23 | | the elective officers
in the executive and judicial departments | 24 | | and
of the University of Illinois. | 25 | | An applicable appropriations committee of each chamber of | 26 | | the General Assembly, for fiscal year 2012 and thereafter, must |
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| 1 | | review individual line item appropriations and the total budget | 2 | | for each State agency, as defined in the Illinois State | 3 | | Auditing 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 | 6 | | Section 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
| 10 | | treasury fund for the objects specified in this Section may be | 11 | | made in
the manner provided in this Section when the balance | 12 | | remaining in one or
more such line item appropriations is | 13 | | insufficient for the purpose for
which the appropriation was | 14 | | made. | 15 | | (a-1) No transfers may be made from one
agency to another | 16 | | agency, nor may transfers be made from one institution
of | 17 | | higher education to another institution of higher education | 18 | | except as provided by subsection (a-4).
| 19 | | (a-2) Except as otherwise provided in this Section, | 20 | | transfers may be made only among the objects of expenditure | 21 | | enumerated
in this Section, except that no funds may be | 22 | | transferred from any
appropriation for personal services, from | 23 | | any appropriation for State
contributions to the State | 24 | | Employees' Retirement System, from any
separate appropriation |
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| 1 | | for employee retirement contributions paid by the
employer, nor | 2 | | from any appropriation for State contribution for
employee | 3 | | group insurance. During State fiscal year 2005, an agency may | 4 | | transfer amounts among its appropriations within the same | 5 | | treasury fund for personal services, employee retirement | 6 | | contributions paid by employer, and State Contributions to | 7 | | retirement systems; notwithstanding and in addition to the | 8 | | transfers authorized in subsection (c) of this Section, the | 9 | | fiscal year 2005 transfers authorized in this sentence may be | 10 | | made in an amount not to exceed 2% of the aggregate amount | 11 | | appropriated to an agency within the same treasury fund. During | 12 | | State fiscal year 2007, the Departments of Children and Family | 13 | | Services, Corrections, Human Services, and Juvenile Justice | 14 | | may transfer amounts among their respective appropriations | 15 | | within the same treasury fund for personal services, employee | 16 | | retirement contributions paid by employer, and State | 17 | | contributions to retirement systems. During State fiscal year | 18 | | 2010, the Department of Transportation may transfer amounts | 19 | | among their respective appropriations within the same treasury | 20 | | fund for personal services, employee retirement contributions | 21 | | paid by employer, and State contributions to retirement | 22 | | systems. During State fiscal years 2010 and 2014 only, an | 23 | | agency may transfer amounts among its respective | 24 | | appropriations within the same treasury fund for personal | 25 | | services, employee retirement contributions paid by employer, | 26 | | and State contributions to retirement systems. |
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| 1 | | Notwithstanding, and in addition to, the transfers authorized | 2 | | in subsection (c) of this Section, these transfers may be made | 3 | | in an amount not to exceed 2% of the aggregate amount | 4 | | appropriated to an agency within the same treasury fund.
| 5 | | (a-2.5) During State fiscal year 2015 only, the State's | 6 | | Attorneys Appellate Prosecutor may transfer amounts among its | 7 | | respective appropriations contained in operational line items | 8 | | within the same treasury fund. Notwithstanding, and in addition | 9 | | to, the transfers authorized in subsection (c) of this Section, | 10 | | these transfers may be made in an amount not to exceed 4% of | 11 | | the aggregate amount appropriated to the State's Attorneys | 12 | | Appellate Prosecutor within the same treasury fund. | 13 | | (a-3) Further, if an agency receives a separate
| 14 | | appropriation for employee retirement contributions paid by | 15 | | the employer,
any transfer by that agency into an appropriation | 16 | | for personal services
must be accompanied by a corresponding | 17 | | transfer into the appropriation for
employee retirement | 18 | | contributions paid by the employer, in an amount
sufficient to | 19 | | meet the employer share of the employee contributions
required | 20 | | to be remitted to the retirement system. | 21 | | (a-4) Long-Term Care Rebalancing. The Governor may | 22 | | designate amounts set aside for institutional services | 23 | | appropriated from the General Revenue Fund or any other State | 24 | | fund that receives monies for long-term care services to be | 25 | | transferred to all State agencies responsible for the | 26 | | administration of community-based long-term care programs, |
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| 1 | | including, but not limited to, community-based long-term care | 2 | | programs administered by the Department of Healthcare and | 3 | | Family Services, the Department of Human Services, and the | 4 | | Department on Aging, provided that the Director of Healthcare | 5 | | and Family Services first certifies that the amounts being | 6 | | transferred are necessary for the purpose of assisting persons | 7 | | in or at risk of being in institutional care to transition to | 8 | | community-based settings, including the financial data needed | 9 | | to prove the need for the transfer of funds. The total amounts | 10 | | transferred shall not exceed 4% in total of the amounts | 11 | | appropriated from the General Revenue Fund or any other State | 12 | | fund that receives monies for long-term care services for each | 13 | | fiscal year. A notice of the fund transfer must be made to the | 14 | | General Assembly and posted at a minimum on the Department of | 15 | | Healthcare and Family Services website, the Governor's Office | 16 | | of Management and Budget website, and any other website the | 17 | | Governor sees fit. These postings shall serve as notice to the | 18 | | General Assembly of the amounts to be transferred. Notice shall | 19 | | be given at least 30 days prior to transfer. | 20 | | (b) In addition to the general transfer authority provided | 21 | | under
subsection (c), the following agencies have the specific | 22 | | transfer authority
granted in this subsection: | 23 | | The Department of Healthcare and Family Services is | 24 | | authorized to make transfers
representing savings attributable | 25 | | to not increasing grants due to the
births of additional | 26 | | children from line items for payments of cash grants to
line |
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| 1 | | items for payments for employment and social services for the | 2 | | purposes
outlined in subsection (f) of Section 4-2 of the | 3 | | Illinois Public Aid Code. | 4 | | The Department of Children and Family Services is | 5 | | authorized to make
transfers not exceeding 2% of the aggregate | 6 | | amount appropriated to it within
the same treasury fund for the | 7 | | following line items among these same line
items: Foster Home | 8 | | and Specialized Foster Care and Prevention, Institutions
and | 9 | | Group Homes and Prevention, and Purchase of Adoption and | 10 | | Guardianship
Services. | 11 | | The Department on Aging is authorized to make transfers not
| 12 | | exceeding 2% of the aggregate amount appropriated to it within | 13 | | the same
treasury fund for the following Community Care Program | 14 | | line items among these
same line items: purchase of services | 15 | | covered by the Community Care Program and Comprehensive Case | 16 | | Coordination. | 17 | | The State Treasurer is authorized to make transfers among | 18 | | line item
appropriations
from the Capital Litigation Trust | 19 | | Fund, with respect to costs incurred in
fiscal years 2002 and | 20 | | 2003 only, when the balance remaining in one or
more such
line | 21 | | item appropriations is insufficient for the purpose for which | 22 | | the
appropriation was
made, provided that no such transfer may | 23 | | be made unless the amount transferred
is no
longer required for | 24 | | the purpose for which that appropriation was made. | 25 | | The State Board of Education is authorized to make | 26 | | transfers from line item appropriations within the same |
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| 1 | | treasury fund for General State Aid, General State Aid - Hold | 2 | | Harmless, and Evidence-Based Funding, provided that no such | 3 | | transfer may be made unless the amount transferred is no longer | 4 | | required for the purpose for which that appropriation was made, | 5 | | to the line item appropriation for Transitional Assistance when | 6 | | the balance remaining in such line item appropriation is | 7 | | insufficient for the purpose for which the appropriation was | 8 | | made. | 9 | | The State Board of Education is authorized to make | 10 | | transfers between the following line item appropriations | 11 | | within the same treasury fund: Disabled Student | 12 | | Services/Materials (Section 14-13.01 of the School Code), | 13 | | Disabled Student Transportation Reimbursement (Section | 14 | | 14-13.01 of the School Code), Disabled Student Tuition - | 15 | | Private Tuition (Section 14-7.02 of the School Code), | 16 | | Extraordinary Special Education (Section 14-7.02b of the | 17 | | School Code), Reimbursement for Free Lunch/Breakfast Program, | 18 | | Summer School Payments (Section 18-4.3 of the School Code), and | 19 | | Transportation - Regular/Vocational Reimbursement (Section | 20 | | 29-5 of the School Code). Such transfers shall be made only | 21 | | when the balance remaining in one or more such line item | 22 | | appropriations is insufficient for the purpose for which the | 23 | | appropriation was made and provided that no such transfer may | 24 | | be made unless the amount transferred is no longer required for | 25 | | the purpose for which that appropriation was made. | 26 | | The Department of Healthcare and Family Services is |
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| 1 | | authorized to make transfers not exceeding 4% of the aggregate | 2 | | amount appropriated to it, within the same treasury fund, among | 3 | | the various line items appropriated for Medical Assistance. | 4 | | (c) The sum of such transfers for an agency in a fiscal | 5 | | year shall not
exceed 2% of the aggregate amount appropriated | 6 | | to it within the same treasury
fund for the following objects: | 7 | | Personal Services; Extra Help; Student and
Inmate | 8 | | Compensation; State Contributions to Retirement Systems; State
| 9 | | Contributions to Social Security; State Contribution for | 10 | | Employee Group
Insurance; Contractual Services; Travel; | 11 | | Commodities; Printing; Equipment;
Electronic Data Processing; | 12 | | Operation of Automotive Equipment;
Telecommunications | 13 | | Services; Travel and Allowance for Committed, Paroled
and | 14 | | Discharged Prisoners; Library Books; Federal Matching Grants | 15 | | for
Student Loans; Refunds; Workers' Compensation, | 16 | | Occupational Disease, and
Tort Claims; Late Interest Penalties | 17 | | under the State Prompt Payment Act and Sections 368a and 370a | 18 | | of the Illinois Insurance Code; and, in appropriations to | 19 | | institutions of higher education,
Awards and Grants. | 20 | | Notwithstanding the above, any amounts appropriated for
| 21 | | payment of workers' compensation claims to an agency to which | 22 | | the authority
to evaluate, administer and pay such claims has | 23 | | been delegated by the
Department of Central Management Services | 24 | | may be transferred to any other
expenditure object where such | 25 | | amounts exceed the amount necessary for the
payment of such | 26 | | claims. |
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| 1 | | (c-1) Special provisions for State fiscal year 2003. | 2 | | Notwithstanding any
other provision of this Section to the | 3 | | contrary, for State fiscal year 2003
only, transfers among line | 4 | | item appropriations to an agency from the same
treasury fund | 5 | | may be made provided that the sum of such transfers for an | 6 | | agency
in State fiscal year 2003 shall not exceed 3% of the | 7 | | aggregate amount
appropriated to that State agency for State | 8 | | fiscal year 2003 for the following
objects: personal services, | 9 | | except that no transfer may be approved which
reduces the | 10 | | aggregate appropriations for personal services within an | 11 | | agency;
extra help; student and inmate compensation; State
| 12 | | contributions to retirement systems; State contributions to | 13 | | social security;
State contributions for employee group | 14 | | insurance; contractual services; travel;
commodities; | 15 | | printing; equipment; electronic data processing; operation of
| 16 | | automotive equipment; telecommunications services; travel and | 17 | | allowance for
committed, paroled, and discharged prisoners; | 18 | | library books; federal matching
grants for student loans; | 19 | | refunds; workers' compensation, occupational disease,
and tort | 20 | | claims; and, in appropriations to institutions of higher | 21 | | education,
awards and grants. | 22 | | (c-2) Special provisions for State fiscal year 2005. | 23 | | Notwithstanding subsections (a), (a-2), and (c), for State | 24 | | fiscal year 2005 only, transfers may be made among any line | 25 | | item appropriations from the same or any other treasury fund | 26 | | for any objects or purposes, without limitation, when the |
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| 1 | | balance remaining in one or more such line item appropriations | 2 | | is insufficient for the purpose for which the appropriation was | 3 | | made, provided that the sum of those transfers by a State | 4 | | agency shall not exceed 4% of the aggregate amount appropriated | 5 | | to that State agency for fiscal year 2005.
| 6 | | (c-3) Special provisions for State fiscal year 2015. | 7 | | Notwithstanding any other provision of this Section, for State | 8 | | fiscal year 2015, transfers among line item appropriations to a | 9 | | State agency from the same State treasury fund may be made for | 10 | | operational or lump sum expenses only, provided that the sum of | 11 | | such transfers for a State agency in State fiscal year 2015 | 12 | | shall not exceed 4% of the aggregate amount appropriated to | 13 | | that State agency for operational or lump sum expenses for | 14 | | State fiscal year 2015. For the purpose of this subsection, | 15 | | "operational or lump sum expenses" includes the following | 16 | | objects: personal services; extra help; student and inmate | 17 | | compensation; State contributions to retirement systems; State | 18 | | contributions to social security; State contributions for | 19 | | employee group insurance; contractual services; travel; | 20 | | commodities; printing; equipment; electronic data processing; | 21 | | operation of automotive equipment; telecommunications | 22 | | services; travel and allowance for committed, paroled, and | 23 | | discharged prisoners; library books; federal matching grants | 24 | | for student loans; refunds; workers' compensation, | 25 | | occupational disease, and tort claims; lump sum and other | 26 | | purposes; and lump sum operations. For the purpose of this |
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| 1 | | subsection (c-3), "State agency" does not include the Attorney | 2 | | General, the Secretary of State, the Comptroller, the | 3 | | Treasurer, or the legislative or judicial branches. | 4 | | (c-4) Special provisions for State fiscal year 2018. | 5 | | Notwithstanding any other provision of this Section, for State | 6 | | fiscal year 2018, transfers among line item appropriations to a | 7 | | State agency from the same State treasury fund may be made for | 8 | | operational or lump sum expenses only, provided that the sum of | 9 | | such transfers for a State agency in State fiscal year 2018 | 10 | | shall not exceed 4% of the aggregate amount appropriated to | 11 | | that State agency for operational or lump sum expenses for | 12 | | State fiscal year 2018. For the purpose of this subsection | 13 | | (c-4), "operational or lump sum expenses" includes the | 14 | | following objects: personal services; extra help; student and | 15 | | inmate compensation; State contributions to retirement | 16 | | systems; State contributions to social security; State | 17 | | contributions for employee group insurance; contractual | 18 | | services; travel; commodities; printing; equipment; electronic | 19 | | data processing; operation of automotive equipment; | 20 | | telecommunications services; travel and allowance for | 21 | | committed, paroled, and discharged prisoners; library books; | 22 | | federal matching grants for student loans; refunds; workers' | 23 | | compensation, occupational disease, and tort claims; lump sum | 24 | | and other purposes; and lump sum operations. For the purpose of | 25 | | this subsection (c-4), "State agency" does not include the | 26 | | Attorney General, the Secretary of State, the Comptroller, the |
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| 1 | | Treasurer, or the legislative or judicial branches. | 2 | | (d) Transfers among appropriations made to agencies of the | 3 | | Legislative
and Judicial departments and to the | 4 | | constitutionally elected officers in the
Executive branch | 5 | | require the approval of the officer authorized in Section 10
of | 6 | | this Act to approve and certify vouchers. Transfers among | 7 | | appropriations
made to the University of Illinois, Southern | 8 | | Illinois University, Chicago State
University, Eastern | 9 | | Illinois University, Governors State University, Illinois
| 10 | | State University, Northeastern Illinois University, Northern | 11 | | Illinois
University, Western Illinois University, the Illinois | 12 | | Mathematics and Science
Academy and the Board of Higher | 13 | | Education require the approval of the Board of
Higher Education | 14 | | and the Governor. Transfers among appropriations to all other
| 15 | | agencies require the approval of the Governor. | 16 | | The officer responsible for approval shall certify that the
| 17 | | transfer is necessary to carry out the programs and purposes | 18 | | for which
the appropriations were made by the General Assembly | 19 | | and shall transmit
to the State Comptroller a certified copy of | 20 | | the approval which shall
set forth the specific amounts | 21 | | transferred so that the Comptroller may
change his records | 22 | | accordingly. The Comptroller shall furnish the
Governor with | 23 | | information copies of all transfers approved for agencies
of | 24 | | the Legislative and Judicial departments and transfers | 25 | | approved by
the constitutionally elected officials of the | 26 | | Executive branch other
than the Governor, showing the amounts |
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| 1 | | transferred and indicating the
dates such changes were entered | 2 | | on the Comptroller's records. | 3 | | (e) The State Board of Education, in consultation with the | 4 | | State Comptroller, may transfer line item appropriations for | 5 | | General State Aid or Evidence-Based Funding between the Common | 6 | | School Fund and the Education Assistance Fund. With the advice | 7 | | and consent of the Governor's Office of Management and Budget, | 8 | | the State Board of Education, in consultation with the State | 9 | | Comptroller, may transfer line item appropriations between the | 10 | | General Revenue Fund and the Education Assistance Fund for the | 11 | | following 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, | 4 | | eff. 8-31-17; revised 10-4-17.)
| 5 | | Section 15. The Governor's Office of Management and Budget | 6 | | Act 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 | 9 | | later than November 15 of each year, the Governor's Office of | 10 | | Management and Budget shall submit an economic and fiscal | 11 | | policy report to the General Assembly. The report must outline | 12 | | the long-term economic and fiscal policy objectives of the | 13 | | State, the economic and fiscal policy intentions for the | 14 | | upcoming fiscal year, and the economic and fiscal policy | 15 | | intentions for the following 4 fiscal years. The report must | 16 | | highlight the total level of revenue, expenditure, deficit or | 17 | | surplus, and debt with respect to each of the reporting | 18 | | categories. The report must include any assumptions concerning | 19 | | tax rates and fees used to determine revenue and expenditures | 20 | | for future fiscal years. The report must include a comparison | 21 | | of the enacted current fiscal year budget to the current fiscal | 22 | | year outlook, and, if applicable, must outline any budgetary | 23 | | shortfalls and fiscal and policy options that the Office will | 24 | | pursue to remedy those budgetary shortfalls. If the projected |
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| 1 | | expenditures for any of the following 4 fiscal years exceeds | 2 | | the corresponding fiscal year projected revenues, then the | 3 | | report must outline fiscal and policy options that the Office | 4 | | will pursue to remedy the budgetary shortfall. The report must | 5 | | include: (1) an estimate of Late Interest Penalties under the | 6 | | State Prompt Payment Act for the upcoming fiscal year and | 7 | | projections of the same for each of the following 4 fiscal | 8 | | years; and (2) an estimate of interest penalties under Sections | 9 | | 368a and 370a of the Illinois Insurance Code for the upcoming | 10 | | fiscal year and projections of the same for each of the | 11 | | following 4 fiscal years. The report must include an agency | 12 | | categorization key for the reporting categories. The report | 13 | | must be posted on the Office's Internet website and allow | 14 | | members 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 | 17 | | changing Section 3-2 as follows:
| 18 | | (30 ILCS 540/3-2)
| 19 | | Sec. 3-2. Beginning July 1, 1993, in any instance where a | 20 | | State official or
agency is late in payment of a vendor's bill | 21 | | or invoice for goods or services
furnished to the State, as | 22 | | defined in Section 1, properly approved in
accordance with | 23 | | rules promulgated under Section 3-3, the State official or
| 24 | | agency shall pay interest to the vendor in accordance with the |
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| 1 | | following:
| 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 |
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| 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 | 18 | | may not be paid under this Act when: (1) a Chief Procurement | 19 | | Officer has voided the underlying contract for goods or | 20 | | services under Article 50 of the Illinois Procurement Code; or | 21 | | (2) the Auditor General is conducting a performance or program | 22 | | audit and the Comptroller has held or is holding for review a | 23 | | related contract or vouchers for payment of goods or services | 24 | | in the exercise of duties under Section 9 of the State | 25 | | Comptroller Act. In such event, interest shall not accrue | 26 | | during the pendency of the Auditor General's review. |
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| 1 | | (Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10; | 2 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff. | 3 | | 1-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff. | 4 | | 6-30-11; 97-348, eff. 8-12-11; 97-813, eff. 7-13-12; 97-932, | 5 | | eff. 8-10-12; 97-1142, eff. 12-28-12.)
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2018.
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