State of Illinois
92nd General Assembly
Legislation

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92_HB2159eng

 
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 1        AN ACT concerning State budget stabilization.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Rainy Day Budget Stabilization Act.

 6        Section   5.   Budget   Stabilization  Fund.  The  Budget
 7    Stabilization Fund is a special fund in  the  State  treasury
 8    established  for  the purpose of reducing the need for future
 9    tax increases, maintaining the highest possible bond  rating,
10    reducing  the  need  for  short term borrowing, and providing
11    available resources to meet State obligations whenever casual
12    deficits  or  failures  in  revenue  occur.  In   authorizing
13    transfers   from  the  Budget  Stabilization  Fund,  priority
14    consideration  must  be  given  to  meeting  obligations  for
15    secondary and  elementary  education,  childcare,  and  other
16    programs that may provide a direct benefit to children.

17        Section  10.  Transfers  to Budget Stabilization Fund and
18    Early Debt Retirement Fund.
19        (a)  For fiscal year 2002, if  the  Economic  and  Fiscal
20    Commission's  estimates of the State's general funds revenues
21    exceed the prior year's estimated general funds  revenues  by
22    more  than  4%,  and for each fiscal year thereafter in which
23    the Revenue Estimating Council's report, as  adopted  by  the
24    General Assembly under Section 50-5.5 of the State Budget Law
25    of  the  Civil  Administrative  Code  of  Illinois, estimates
26    revenues into the State's general funds to exceed  the  prior
27    year's  estimated general funds revenues by more than 4%, the
28    Comptroller shall transfer from the General Revenue  Fund  as
29    provided  by  this  Section a total amount equal to 1% of the
30    estimated general funds revenues to the Budget  Stabilization
 
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 1    Fund  or  the Early Debt Retirement Fund. Nothing in this Act
 2    prohibits the General Assembly from appropriating  additional
 3    moneys  into  the Budget Stabilization Fund or the Early Debt
 4    Retirement Fund.
 5        (b)  Except  as   provided   in   subsection   (c),   the
 6    Comptroller  shall  transfer  1/12  of the total amount to be
 7    transferred each fiscal year under subsection  (a)  into  the
 8    Budget  Stabilization  Fund on the first day of each month of
 9    that fiscal year or as soon thereafter as possible.
10        (c)  When the Revenue Estimating  Council  has  estimated
11    that the balance of the Budget Stabilization Fund will exceed
12    4%  of the Revenue Estimating Council's estimate of the total
13    general funds revenues, the Comptroller shall:
14             (1)  Transfer 1/12 of the  total  amount  identified
15        for  transfer  to  the Budget Stabilization Fund into the
16        Budget Stabilization Fund on the first day of each  month
17        of  that  fiscal  year or as soon thereafter as possible;
18        and
19             (2)  Transfer 1/12 of the  total  amount  identified
20        for  transfer  to the Early Debt Retirement Fund into the
21        Early Debt Retirement Fund on the first day of each month
22        of that fiscal year or as soon thereafter as possible.

23        Section 15. Notifications.
24        (a)  At any time when the Governor determines that  there
25    are insufficient resources available within the general funds
26    of  the  State  to meet the State's obligations, the Governor
27    may request the General Assembly to do one  or  more  of  the
28    following:
29             (1)  enact  legislation  that  it deems necessary to
30        appropriate or transfer funds or reduce appropriations of
31        the current State budget;
32             (2)  enact legislation that it  deems  necessary  to
33        transfer  funds from the Budget Stabilization Fund to the
 
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 1        general funds; or
 2             (3)  authorize the Governor, in a  written  document
 3        certified  by the President of the Senate and the Speaker
 4        of  the  House  of   Representatives,   to   direct   the
 5        Comptroller   to   make   transfers   from   the   Budget
 6        Stabilization  Fund  to  the  general  funds  in order to
 7        address cash flow emergencies.
 8        (b)  If the General Assembly is not in regular session to
 9    enact  legislation  as  provided  in  subsection   (a),   the
10    President  of  the  Senate  and  the  Speaker of the House of
11    Representatives may certify that the Senate and the House  of
12    Representatives are not in regular session and approve of the
13    Governor's   request   to  transfer  funds  from  the  Budget
14    Stabilization Fund to the general funds in order  to  address
15    cash flow emergencies.
16        (c)  The   Comptroller  must  notify  the  Governor  upon
17    determination that there is, or may be, a cash flow emergency
18    in meeting the obligations of the State.

19        Section 20. Use of the Budget Stabilization Fund.
20        (a)  Upon receipt of the certification from the President
21    of the Senate and the Speaker of the House of Representatives
22    authorizing  the  transfer   of   funds   from   the   Budget
23    Stabilization  Fund,  the Governor may direct the Comptroller
24    to transfer a specified amount from the Budget  Stabilization
25    Fund to a general fund. The directive to the Comptroller must
26    state  whether  the  transfer  is  in response to failures in
27    revenue  when  collections  are  not  anticipated   to   meet
28    projections  in  the  current fiscal year or in response to a
29    casual deficit in revenue where collections are  expected  to
30    meet projections in the current fiscal year.
31        (b)  The Governor is authorized to direct the Comptroller
32    to transfer funds under this Act until any time that a quorum
33    of  the  General  Assembly  can convene in regular or special
 
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 1    session  in  order  to  enact  the  appropriate   legislative
 2    actions.
 3        (c)  If  transfers  authorized  in  subsection  (a)  were
 4    deemed   necessary   by  the  Governor  for  the  purpose  of
 5    responding to casual deficits in projected revenue within the
 6    same fiscal year, the Governor must direct the Comptroller to
 7    transfer all amounts transferred for this  purpose  from  the
 8    appropriate  general  fund into the Budget Stabilization Fund
 9    by the end of the same fiscal year or as soon  thereafter  as
10    possible.

11        Section   800.    The  State  Budget  Law  of  the  Civil
12    Administrative  Code  of  Illinois  is  amended  by  changing
13    Sections 50-5 and 50-10  and  by  adding  Section  50-5.5  as
14    follows:

15        (15 ILCS 20/50-5) (was 15 ILCS 20/38)
16        Sec. 50-5.  Governor to submit State budget. The Governor
17    shall,  as  soon  as  possible  and  not later than the third
18    Wednesday in February of each year beginning in 1998,  submit
19    a  State budget, embracing therein the amounts recommended by
20    the  Governor  to   be   appropriated   to   the   respective
21    departments,  offices,  and  institutions,  and for all other
22    public purposes, the estimated revenues  from  taxation,  the
23    estimated  revenues  from sources other than taxation, and an
24    estimate of the amount required to  be  raised  by  taxation.
25    The  amounts recommended by the Governor for appropriation to
26    the respective departments, offices and institutions shall be
27    formulated according to the various functions and  activities
28    for which the respective department, office or institution of
29    the  State government (including the elective officers in the
30    executive department and including the University of Illinois
31    and the judicial  department)  is  responsible.  The  amounts
32    relating  to  particular  functions  and  activities shall be
 
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 1    further   formulated   in   accordance   with   the    object
 2    classification  specified  in Section 13 of the State Finance
 3    Act.
 4        The Governor  shall  not  propose  expenditures  and  the
 5    General  Assembly  shall not enact appropriations that exceed
 6    the resources estimated to be available, as provided in  this
 7    Section.
 8        For  the  purposes of Article VIII, Section 2 of the 1970
 9    Illinois   Constitution,   the   State   budget    for    and
10    appropriations  from the following funds shall be prepared on
11    the basis of revenue  and  expenditure  measurement  concepts
12    that  are  in  concert  with  generally  accepted  accounting
13    principles for governments:
14             (1)  General Revenue Fund.
15             (2)  Common School Fund.
16             (3)  Educational Assistance Fund.
17             (4)  Road Fund.
18             (5)  Motor Fuel Tax Fund.
19             (6)  Agricultural Premium Fund.
20        These  funds shall be known as the "budgeted funds".  The
21    revenue estimates used in the State budget for  the  budgeted
22    funds  shall  include  the  estimated beginning fund balance,
23    plus revenues estimated to be received  during  the  budgeted
24    year, plus the estimated receipts due the State as of June 30
25    of the budgeted year that are expected to be collected during
26    the  lapse  period  following  the  budgeted  year, minus the
27    receipts collected during the first 2 months of the  budgeted
28    year  that  became  due  to  the State in the year before the
29    budgeted year.  Revenues shall also include estimated federal
30    reimbursements associated with the recognition of Section  25
31    of  the State Finance Act liabilities.  For any budgeted fund
32    for which current year revenues  are  anticipated  to  exceed
33    expenditures,  the  surplus  shall  be  considered  to  be  a
34    resource  available  for  expenditure  in the budgeted fiscal
 
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 1    year.
 2        Expenditure estimates for the budgeted funds included  in
 3    the  State  budget  shall include the costs to be incurred by
 4    the State for the budgeted year that are, to be paid  in  the
 5    next  fiscal  year, excluding costs paid in the budgeted year
 6    which were carried  over  from  the  prior  year,  where  the
 7    payment is authorized by Section 25 of the State Finance Act.
 8    For  any budgeted fund for which expenditures are expected to
 9    exceed revenues in the current fiscal year, the deficit shall
10    be considered as a use of funds in the budgeted fiscal year.
11        Revenues and expenditures shall  also  include  transfers
12    between  funds  that  are based on revenues received or costs
13    incurred during the budget year.
14        By March  15  of  each  year,  the  Economic  and  Fiscal
15    Commission  shall prepare revenue and fund transfer estimates
16    in accordance with  the  requirements  of  this  Section  and
17    report  those  estimates  to  the  General  Assembly  and the
18    Governor.
19        For all funds other than the budgeted funds, the proposed
20    expenditures shall not exceed funds estimated to be available
21    for the fiscal year as shown in  the  budget.   Appropriation
22    for a fiscal year shall not exceed (i) funds estimated by the
23    General   Assembly  to  be  available  during  that  year  as
24    contained within the joint resolution adopted by the  General
25    Assembly  in  accordance  with  Section 50-5.5 of this Act or
26    (ii) for fiscal year 2002, funds estimated to be available in
27    accordance with this Section prior to the effective  date  of
28    this  amendatory  Act  of  the  92nd  General  Assembly.  The
29    General Assembly's appropriations from the general funds  for
30    fiscal  year  2002  and  thereafter may not exceed 99% of the
31    estimated general funds revenues when the revenues exceed the
32    prior year's estimated general funds revenues  by  more  than
33    4%.   Appropriations  for  a  fiscal year must include one or
34    more separate line items for payment of liabilities  incurred
 
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 1    in  a  prior fiscal year and authorized to be paid during the
 2    budget year under Section 25 of the State Finance Act.
 3    (Source: P.A. 90-479, eff. 8-17-97; 91-239, eff. 1-1-00.)

 4        (15 ILCS 20/50-5.5 new)
 5        Sec. 50-5.5. Revenue Estimating Council.
 6        (a)  There  is  created  a  Revenue  Estimating  Council,
 7    consisting of the Director of the Bureau of the  Budget,  the
 8    State  Comptroller, and the Director of the Illinois Economic
 9    and Fiscal Commission, or their designees.
10        (b)  By January 1, 2002 and by January  1  of  each  year
11    thereafter,  the  Revenue  Estimating  Council  must  prepare
12    revenue  and  fund  transfer estimates in accordance with the
13    requirements of Section 50-5 and report  those  estimates  to
14    the  General  Assembly.   In  addition  to  the  revenue  and
15    transfer  estimates,  the  Revenue  Estimating  Council  must
16    certify to the following:
17             (1)  An estimate of all income of the State from all
18        applicable  revenue  sources  for the next ensuing fiscal
19        year and of any other funds estimated to be available for
20        that fiscal year.
21             (2)  When estimated general  funds  revenues  exceed
22        the prior year's estimated general funds revenues by more
23        than 4%, the general funds available for appropriation in
24        an  amount  equal  to  99% of the estimated general funds
25        revenues for the fiscal year.
26             (3)  When estimated general  funds  revenues  exceed
27        the prior year's estimated general funds revenues by more
28        than  4%,  the  general funds available for transfer into
29        the  Budget  Stabilization  Fund  or   the   Early   Debt
30        Retirement  Fund  in  a  total  amount equal to 1% of the
31        estimated general funds revenues for the fiscal year.
32             (4)  The  amount  of  transfers  into   the   Budget
33        Stabilization  Fund  necessary  for  the  balance  of the
 
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 1        Budget Stabilization Fund to equal  4% of  general  funds
 2        revenues for the budgeted year; and
 3             (5)  When  the  Revenue Estimating Council estimates
 4        that the balance of the Budget Stabilization  Fund  shall
 5        exceed  4% of the general funds revenues for the budgeted
 6        year, the portion of the 1% available for transfer  under
 7        paragraph (3) for transfer into the Early Debt Retirement
 8        Fund.
 9    Notwithstanding  any  other provision of this subsection, for
10    the purpose of determining the estimates under  this  Section
11    during  fiscal year 2002, the Revenue Estimating Council must
12    use the prior year's  estimated  general  funds  revenues  as
13    determined  by  the  Economic  and  Fiscal  Commission during
14    fiscal year 2002.
15        By April 15 of each year, the Revenue Estimating  Council
16    must  issue  a  report  updating the estimates required under
17    this subsection as may  be  required  based  on  more  recent
18    information.   Upon  its  issuance,  the  Revenue  Estimating
19    Council  must  submit  the revised report to the Governor and
20    the General Assembly.  The House and Senate  must  adopt  the
21    report by joint resolution.  The joint resolution constitutes
22    the  General  Assembly's  estimate,  under  paragraph  (b) of
23    Section 2 of Article VIII of the  Illinois  Constitution,  of
24    the  funds  estimated  to be available during the next fiscal
25    year.
26        (c)  Prior to the  beginning  of  the  fiscal  year,  the
27    Revenue  Estimating Council must prepare a cash flow estimate
28    of the general funds, identifying estimated revenues and cash
29    expenditures for  each  quarter  of  the  fiscal  year.  Each
30    quarter  of  the  fiscal year, the Revenue Estimating Council
31    must review the revenue and cash  expenditure  estimates  and
32    issue  a  report  to  the  Governor  and the General Assembly
33    containing updates  of  the  estimates  required  under  this
34    subsection    and   notification   of   potential   budgetary
 
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 1    shortfalls.

 2        (15 ILCS 20/50-10) (was 15 ILCS 20/38.1)
 3        Sec.  50-10.  Budget  contents.  The  budget   shall   be
 4    submitted  by  the  Governor with line item and program data.
 5    The budget shall also contain performance data presenting  an
 6    estimate  for  the  current  fiscal year, projections for the
 7    budget year, and information for the  3  prior  fiscal  years
 8    comparing  department objectives with actual accomplishments,
 9    formulated according to the various functions and activities,
10    and, wherever the nature of the work admits, according to the
11    work units, for which the  respective  departments,  offices,
12    and  institutions  of  the  State  government  (including the
13    elective officers in the executive department  and  including
14    the  University  of Illinois and the judicial department) are
15    responsible.
16        For the fiscal year beginning July 1, 1992 and  for  each
17    fiscal   year   thereafter,  the  budget  shall  include  the
18    performance  measures  of  each  department's  accountability
19    report.
20        For the fiscal year beginning July 1, 1997 and  for  each
21    fiscal  year thereafter, the budget shall include one or more
22    line items appropriating moneys to the  Department  of  Human
23    Services  to  fund  participation  in  the Home-Based Support
24    Services Program  for  Mentally  Disabled  Adults  under  the
25    Developmental  Disability  and Mental Disability Services Act
26    by persons described in Section 2-17 of that Act.
27        For the fiscal year beginning July 1, 2002 and  for  each
28    fiscal  year  thereafter, the budget must contain one or more
29    line items appropriating moneys to  fund  all  costs  in  the
30    budget  year estimated for payment of liabilities incurred in
31    a prior fiscal year and authorized to be paid in  the  budget
32    year under Section 25 of the State Finance Act.
33        The budget shall contain a capital development Section in
 
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 1    which  the  Governor  will  present  (1)  information on  the
 2    capital   projects   and   capital   programs    for    which
 3    appropriations are requested, (2) the capital spending plans,
 4    which  shall  document  the  first  and subsequent years cash
 5    requirements by fund for the proposed bonded program, and (3)
 6    a statement that shall identify by  year  the  principal  and
 7    interest  costs  until  retirement  of  the  State's  general
 8    obligation  debt.   In  addition,  the principal and interest
 9    costs  of  the  budget  year  program  shall   be   presented
10    separately,  to  indicate  the marginal cost of principal and
11    interest payments necessary to retire  the  additional  bonds
12    needed to finance the budget year's capital program.
13        For the budget year, the current year, and 3 prior fiscal
14    years,   the  Governor  shall  also  include  in  the  budget
15    estimates of or actual values for the assets and  liabilities
16    for  General  Assembly  Retirement  System,  State Employees'
17    Retirement System of Illinois, State Universities  Retirement
18    System, Teachers' Retirement System of the State of Illinois,
19    and Judges Retirement System of Illinois.
20        The  budget  submitted  by the Governor shall contain, in
21    addition, in a separate book, a tabulation  of  all  position
22    and  employment  titles  in each such department, office, and
23    institution, the number of each, and the salaries  for  each,
24    formulated   according   to   divisions,  bureaus,  sections,
25    offices, departments, boards, and similar subdivisions, which
26    shall correspond as nearly as practicable  to  the  functions
27    and   activities   for   which  the  department,  office,  or
28    institution is responsible.
29        Together with the budget, the Governor shall transmit the
30    estimates of receipts and expenditures, as  received  by  the
31    director  of  the  Bureau  of  the  Budget,  of  the elective
32    officers in the executive and judicial departments and of the
33    University of Illinois.
34    (Source: P.A. 91-239, eff. 1-1-00.)
 
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 1        Section 805.  The Illinois Economic and Fiscal Commission
 2    Act is amended by changing Section 4 as follows:

 3        (25 ILCS 155/4) (from Ch. 63, par. 344)
 4        Sec.  4.  (a)  The  Commission  shall  publish,  at   the
 5    convening  of each regular session of the General Assembly, a
 6    report  on  the  estimated  income  of  the  State  from  all
 7    applicable revenue sources for the next ensuing  fiscal  year
 8    and  of  any  other  funds estimated to be available for such
 9    fiscal year. On  the  third  Wednesday  in  March  after  the
10    session  convenes,  the  Commission shall issue a revised and
11    updated  set  of  revenue  figures  reflecting   the   latest
12    available   information.   The  House  and  Senate  by  joint
13    resolution shall adopt or modify such  estimates  as  may  be
14    appropriate.   The  joint  resolution  shall  constitute  the
15    General Assembly's estimate, under paragraph (b) of Section 2
16    of Article VIII of the Constitution, of the  funds  estimated
17    to be available during the next fiscal year.
18        (b)  On  the  third  Wednesday  in  March, the Commission
19    shall issue estimated:
20             (1)  pension funding requirements under P.A. 86-273;
21        and
22             (2)  liabilities of the State employee group  health
23        insurance program.
24        These  estimated  costs  shall  be  for  the  fiscal year
25    beginning the following July 1.
26        (c)  The  requirement  for  reporting  to   the   General
27    Assembly  shall  be  satisfied by filing copies of the report
28    with the Speaker, the Minority Leader and the  Clerk  of  the
29    House  of  Representatives  and  the  President, the Minority
30    Leader and the Secretary of the Senate  and  the  Legislative
31    Research  Unit,  as  required  by  Section  3.1 of "An Act to
32    revise the law in relation to the General Assembly", approved
33    February 25, 1874, as amended,  and  filing  such  additional
 
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 1    copies  with  the State Government Report Distribution Center
 2    for the General Assembly as is required under  paragraph  (t)
 3    of Section 7 of the State Library Act.
 4    (Source: P.A. 87-1142.)

 5        Section  810.   The  State  Finance  Act  is  amended  by
 6    changing Section 25 and by adding Section 6z-44 as follows:

 7        (30 ILCS 105/6z-44 new)
 8        Sec.  6z-44.  Early Debt Retirement Fund.  The Early Debt
 9    Retirement Fund is created in the State treasury.  Moneys  in
10    the  Early  Debt  Retirement Fund may be expended, subject to
11    appropriation, for the payment of deferred liabilities  under
12    Section  25  of  this  Act;  the early retirement of unfunded
13    pension liabilities; the retirement  of  bonded  indebtedness
14    when  practical;  and  the  funding of other long-term fiscal
15    needs of the State.  The Early Debt Retirement Fund is exempt
16    from subsections (b) and (c) of Section 5 of this Act.

17        (30 ILCS 105/25) (from Ch. 127, par. 161)
18        Sec. 25.  Fiscal year limitations.
19        (a)  All   appropriations   shall   be   available    for
20    expenditure for the fiscal year or for a lesser period if the
21    Act  making that appropriation so specifies.  A deficiency or
22    emergency appropriation shall be  available  for  expenditure
23    only  through  June  30  of the year when the Act making that
24    appropriation is enacted unless that Act otherwise provides.
25        (b)  Outstanding liabilities as of June 30, payable  from
26    appropriations  which have otherwise expired, may be paid out
27    of the expiring  appropriations  during  the  2-month  period
28    ending  at  the  close of business on August 31.  Any service
29    involving professional or artistic  skills  or  any  personal
30    services  by  an  employee  whose  compensation is subject to
31    income tax withholding must be performed as of June 30 of the
 
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 1    fiscal  year  in  order  to  be  considered  an  "outstanding
 2    liability as of June 30" that is thereby eligible for payment
 3    out of the expiring appropriation.
 4        Notwithstanding the provisions of subsections  (b-5)  and
 5    (c)  of  this  Section,  when  a  State  agency  receives and
 6    approves a request for payment of  an  outstanding  liability
 7    prior  to  June 30 of a fiscal year, the payment must be made
 8    from the appropriations for that purpose for the fiscal  year
 9    in  which  the State agency received and approved the request
10    for payment.
11        (b-5)  However, Payment of tuition  reimbursement  claims
12    under  Section 14-7.03 or 18-3 of the School Code may be made
13    by the State Board of Education from its  appropriations  for
14    those  respective  purposes  for any fiscal year, even though
15    the  claims  reimbursed  by  the  payment   may   be   claims
16    attributable to a prior fiscal year, and payments may be made
17    at  the  direction  of  the State Superintendent of Education
18    from the fund from which the appropriation  is  made  without
19    regard to any fiscal year limitations.
20        Medical  payments  may  be  made  by  the  Department  of
21    Veterans'  Affairs from its appropriations for those purposes
22    for any fiscal year, without regard  to  the  fact  that  the
23    medical  services  being  compensated for by such payment may
24    have been rendered in a prior fiscal year.
25        Medical payments may be made by the Department of  Public
26    Aid  and child care payments may be made by the Department of
27    Human Services (as successor to the Department of Public Aid)
28    from appropriations for those purposes for any  fiscal  year,
29    without  regard  to  the  fact that the medical or child care
30    services being compensated for by such payment may have  been
31    rendered  in a prior fiscal year; and payments may be made at
32    the  direction  of  the  Department  of  Central   Management
33    Services from the Health Insurance Reserve Fund and the Local
34    Government  Health  Insurance  Reserve Fund without regard to
 
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 1    any fiscal year limitations.
 2        Additionally, payments may be made by the  Department  of
 3    Human  Services  from  its appropriations, or any other State
 4    agency from its  appropriations  with  the  approval  of  the
 5    Department of Human Services, from the Immigration Reform and
 6    Control   Fund   for  purposes  authorized  pursuant  to  the
 7    Immigration Reform and Control Act of 1986, without regard to
 8    any fiscal year limitations.
 9        (c)  Further, payments may be made by the  Department  of
10    Public Health and the Department of Human Services (acting as
11    successor  to  the  Department  of  Public  Health  under the
12    Department of  Human  Services  Act)  from  their  respective
13    appropriations for grants for medical care to or on behalf of
14    persons   suffering   from  chronic  renal  disease,  persons
15    suffering from hemophilia, rape victims,  and  premature  and
16    high-mortality  risk infants and their mothers and for grants
17    for supplemental food  supplies  provided  under  the  United
18    States  Department of Agriculture Women, Infants and Children
19    Nutrition Program, for any fiscal year without regard to  the
20    fact  that the services being compensated for by such payment
21    may have been rendered in a prior fiscal year.
22        (d)  The Department of Public Health and  the  Department
23    of  Human  Services (acting as successor to the Department of
24    Public Health under the Department  of  Human  Services  Act)
25    shall  each  annually submit to the State Comptroller, Senate
26    President, Senate Minority  Leader,  Speaker  of  the  House,
27    House  Minority  Leader,  and  the  respective  Chairmen  and
28    Minority  Spokesmen  of  the Appropriations Committees of the
29    Senate and the House, on or before December 31, a  report  of
30    fiscal  year  funds  used to pay for services provided in any
31    prior fiscal year.  This report shall document by program  or
32    service  category  those  expenditures from the most recently
33    completed fiscal year used to pay for  services  provided  in
34    prior fiscal years.
 
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 1        (e)  The  Department  of Public Aid and the Department of
 2    Human Services (acting as  successor  to  the  Department  of
 3    Public   Aid)   shall  each  annually  submit  to  the  State
 4    Comptroller,  Senate  President,  Senate   Minority   Leader,
 5    Speaker  of  the House, House Minority Leader, the respective
 6    Chairmen  and  Minority  Spokesmen  of   the   Appropriations
 7    Committees of the Senate and the House, on or before November
 8    30,  a  report  that  shall  document  by  program or service
 9    category those expenditures from the most recently  completed
10    fiscal  year  used  to pay for (i) services provided in prior
11    fiscal years and (ii) services for which claims were received
12    in prior fiscal years.
13        (f)  The Department of Human Services  (as  successor  to
14    the  Department  of  Public Aid) shall annually submit to the
15    State Comptroller, Senate President, Senate Minority  Leader,
16    Speaker   of  the  House,  House  Minority  Leader,  and  the
17    respective   Chairmen   and   Minority   Spokesmen   of   the
18    Appropriations Committees of the Senate and the House, on  or
19    before December 31, a report of fiscal year funds used to pay
20    for  services (other than medical care) provided in any prior
21    fiscal year.   This  report  shall  document  by  program  or
22    service  category  those  expenditures from the most recently
23    completed fiscal year used to pay for  services  provided  in
24    prior fiscal years.
25        (g)  In  addition,  each  annual  report  required  to be
26    submitted by the Department of Public  Aid  under  subsection
27    (e)  shall  include the following information with respect to
28    the State's Medicaid program:
29             (1)  Explanations  of  the  exact  causes   of   the
30        variance between the previous year's estimated and actual
31        liabilities.
32             (2)  Factors  affecting  the  Department  of  Public
33        Aid's  liabilities,  including but not limited to numbers
34        of aid recipients, levels of medical service  utilization
 
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 1        by  aid  recipients, and inflation in the cost of medical
 2        services.
 3             (3)  The results  of  the  Department's  efforts  to
 4        combat fraud and abuse.
 5        (h)  As  provided  in  Section  4 of the General Assembly
 6    Compensation Act, any utility bill for service provided to  a
 7    General  Assembly  member's  district  office  for  a  period
 8    including  portions of 2 consecutive fiscal years may be paid
 9    from funds appropriated for such expenditure in either fiscal
10    year.
11        (i)  An agency which administers a fund classified by the
12    Comptroller as an internal service fund may issue rules for:
13             (1)  billing  user  agencies  in  advance  based  on
14        estimated charges for goods or services;
15             (2)  issuing credits during  the  subsequent  fiscal
16        year  for  all  user  agency payments received during the
17        prior fiscal year which  were  in  excess  of  the  final
18        amounts owed by the user agency for that period; and
19             (3)  issuing  catch-up  billings  to  user  agencies
20        during  the  subsequent fiscal year for amounts remaining
21        due when payments received from the  user  agency  during
22        the  prior  fiscal  year  were less than the total amount
23        owed for that period.
24    User agencies are authorized to  reimburse  internal  service
25    funds  for  catch-up billings by vouchers drawn against their
26    respective appropriations for the fiscal year  in  which  the
27    catch-up billing was issued.
28    (Source:  P.A.  89-235,  eff.  8-4-95;  89-507,  eff. 7-1-97;
29    89-511,  eff.  1-1-97;  90-14,  eff.  7-1-97;  90-168,   eff.
30    7-23-97.)

31        Section  900.   Severability.  The provisions of this Act
32    are severable under Section 1.31 of the Statute on Statutes.
 
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 1        Section 999.  Effective date.  This Act takes effect upon
 2    becoming law.

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