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Public Act 097-0075 | ||||
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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 State Finance Act is amended by changing | ||||
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 | ||||
for the fiscal year or for a lesser period if the
Act making | ||||
that appropriation so specifies. A deficiency or emergency
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appropriation shall be available for expenditure only through | ||||
June 30 of
the year when the Act making that appropriation is | ||||
enacted unless that Act
otherwise provides.
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(b) Outstanding liabilities as of June 30, payable from | ||||
appropriations
which have otherwise expired, may be paid out of | ||||
the expiring
appropriations during the 2-month period ending at | ||||
the
close of business on August 31. Any service involving
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professional or artistic skills or any personal services by an | ||||
employee whose
compensation is subject to income tax | ||||
withholding must be performed as of June
30 of the fiscal year | ||||
in order to be considered an "outstanding liability as of
June | ||||
30" that is thereby eligible for payment out of the expiring
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appropriation.
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(b-1) However, payment of tuition reimbursement claims | ||
under Section 14-7.03 or
18-3 of the School Code may be made by | ||
the State Board of Education from its
appropriations for those | ||
respective purposes for any fiscal year, even though
the claims | ||
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 | ||
State
Superintendent of Education from the fund from which the | ||
appropriation is made
without regard to any fiscal year | ||
limitations, except as required by subsection (j) of this | ||
Section. Beginning on June 30, 2021, payment of tuition | ||
reimbursement claims under Section 14-7.03 or 18-3 of the | ||
School Code as of June 30, payable from appropriations that | ||
have otherwise expired, may be paid out of the expiring | ||
appropriation during the 4-month period ending at the close of | ||
business on October 31.
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(b-2) All outstanding liabilities as of June 30, 2010, | ||
payable from appropriations that would otherwise expire at the | ||
conclusion of the lapse period for fiscal year 2010, and | ||
interest penalties payable on those liabilities under the State | ||
Prompt Payment Act, may be paid out of the expiring | ||
appropriations until December 31, 2010, without regard to the | ||
fiscal year in which the payment is made, as long as vouchers | ||
for the liabilities are received by the Comptroller no later | ||
than August 31, 2010. | ||
(b-2.5) All outstanding liabilities as of June 30, 2011, | ||
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2011, and | ||
interest penalties payable on those liabilities under the State | ||
Prompt Payment Act, may be paid out of the expiring | ||
appropriations until December 31, 2011, without regard to the | ||
fiscal year in which the payment is made, as long as vouchers | ||
for the liabilities are received by the Comptroller no later | ||
than August 31, 2011. | ||
(b-3) Medical payments may be made by the Department of | ||
Veterans' Affairs from
its
appropriations for those purposes | ||
for any fiscal year, without regard to the
fact that the | ||
medical services being compensated for by such payment may have
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been rendered in a prior fiscal year, except as required by | ||
subsection (j) of this Section. Beginning on June 30, 2021, | ||
medical payments payable from appropriations that have | ||
otherwise expired may be paid out of the expiring appropriation | ||
during the 4-month period ending at the close of business on | ||
October 31.
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(b-4) Medical payments may be made by the Department of | ||
Healthcare and Family Services and medical payments and child | ||
care
payments may be made by the Department of
Human Services | ||
(as successor to the Department of Public Aid) from
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appropriations for those purposes for any fiscal year,
without | ||
regard to the fact that the medical or child care services | ||
being
compensated for by such payment may have been rendered in | ||
a prior fiscal
year; and payments may be made at the direction | ||
of the Department of
Healthcare and Family Services from the |
Health Insurance Reserve Fund and the
Local Government Health | ||
Insurance Reserve Fund without regard to any fiscal
year | ||
limitations, except as required by subsection (j) of this | ||
Section. Beginning on June 30, 2021, medical payments made by | ||
the Department of Healthcare and Family Services, child care | ||
payments made by the Department of Human Services, and payments | ||
made at the discretion of the Department of Healthcare and | ||
Family Services from the Health Insurance Reserve Fund and the | ||
Local Government Health Insurance Reserve Fund payable from | ||
appropriations that have otherwise expired may be paid out of | ||
the expiring appropriation during the 4-month period ending at | ||
the close of business on October 31.
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(b-5) Medical payments may be made by the Department of | ||
Human Services from its appropriations relating to substance | ||
abuse treatment services for any fiscal year, without regard to | ||
the fact that the medical services being compensated for by | ||
such payment may have been rendered in a prior fiscal year, | ||
provided the payments are made on a fee-for-service basis | ||
consistent with requirements established for Medicaid | ||
reimbursement by the Department of Healthcare and Family | ||
Services, except as required by subsection (j) of this Section. | ||
Beginning on June 30, 2021, medical payments made by the | ||
Department of Human Services relating to substance abuse | ||
treatment services payable from appropriations that have | ||
otherwise expired may be paid out of the expiring appropriation | ||
during the 4-month period ending at the close of business on |
October 31. | ||
(b-6) Additionally, payments may be made by the Department | ||
of Human Services from
its appropriations, or any other State | ||
agency from its appropriations with
the approval of the | ||
Department of Human Services, from the Immigration Reform
and | ||
Control Fund for purposes authorized pursuant to the | ||
Immigration Reform
and Control Act of 1986, without regard to | ||
any fiscal year limitations, except as required by subsection | ||
(j) of this Section. Beginning on June 30, 2021, payments made | ||
by the Department of Human Services from the Immigration Reform | ||
and Control Fund for purposes authorized pursuant to the | ||
Immigration Reform and Control Act of 1986 payable from | ||
appropriations that have otherwise expired may be paid out of | ||
the expiring appropriation during the 4-month period ending at | ||
the close of business on October 31.
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(b-7) Payments may be made in accordance with a plan | ||
authorized by paragraph (11) or (12) of Section 405-105 of the | ||
Department of Central Management Services Law from | ||
appropriations for those payments without regard to fiscal year | ||
limitations. | ||
(c) Further, payments may be made by the Department of | ||
Public Health, the
Department of Human Services (acting as | ||
successor to the Department of Public
Health under the | ||
Department of Human Services Act), and the Department of | ||
Healthcare and Family Services
from their respective | ||
appropriations for grants for medical care to or on
behalf of |
persons
suffering from chronic renal disease, persons | ||
suffering from hemophilia, rape
victims, and premature and | ||
high-mortality risk infants and their mothers and
for grants | ||
for supplemental food supplies provided under the United States
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Department of Agriculture Women, Infants and Children | ||
Nutrition Program,
for any fiscal year without regard to the | ||
fact that the services being
compensated for by such payment | ||
may have been rendered in a prior fiscal year, except as | ||
required by subsection (j) of this Section. Beginning on June | ||
30, 2021, payments made by the Department of Public Health, the | ||
Department of Human Services, and the Department of Healthcare | ||
and Family Services from their respective appropriations for | ||
grants for medical care to or on behalf of persons suffering | ||
from chronic renal disease, persons suffering from hemophilia, | ||
rape victims, and premature and high-mortality risk infants and | ||
their mothers and for grants for supplemental food supplies | ||
provided under the United States Department of Agriculture | ||
Women, Infants and Children Nutrition Program payable from | ||
appropriations that have otherwise expired may be paid out of | ||
the expiring appropriations during the 4-month period ending at | ||
the close of business on October 31.
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(d) The Department of Public Health and the Department of | ||
Human Services
(acting as successor to the Department of Public | ||
Health under the Department of
Human Services Act) shall each | ||
annually submit to the State Comptroller, Senate
President, | ||
Senate
Minority Leader, Speaker of the House, House Minority |
Leader, and the
respective Chairmen and Minority Spokesmen of | ||
the
Appropriations Committees of the Senate and the House, on | ||
or before
December 31, a report of fiscal year funds used to | ||
pay for services
provided in any prior fiscal year. This report | ||
shall document by program or
service category those | ||
expenditures from the most recently completed fiscal
year used | ||
to pay for services provided in prior fiscal years.
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(e) The Department of Healthcare and Family Services, the | ||
Department of Human Services
(acting as successor to the | ||
Department of Public Aid), and the Department of Human Services | ||
making fee-for-service payments relating to substance abuse | ||
treatment services provided during a previous fiscal year shall | ||
each annually
submit to the State
Comptroller, Senate | ||
President, Senate Minority Leader, Speaker of the House,
House | ||
Minority Leader, the respective Chairmen and Minority | ||
Spokesmen of the
Appropriations Committees of the Senate and | ||
the House, on or before November
30, a report that shall | ||
document by program or service category those
expenditures from | ||
the most recently completed fiscal year used to pay for (i)
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services provided in prior fiscal years and (ii) services for | ||
which claims were
received in prior fiscal years.
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(f) The Department of Human Services (as successor to the | ||
Department of
Public Aid) shall annually submit to the State
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Comptroller, Senate President, Senate Minority Leader, Speaker | ||
of the House,
House Minority Leader, and the respective | ||
Chairmen and Minority Spokesmen of
the Appropriations |
Committees of the Senate and the House, on or before
December | ||
31, a report
of fiscal year funds used to pay for services | ||
(other than medical care)
provided in any prior fiscal year. | ||
This report shall document by program or
service category those | ||
expenditures from the most recently completed fiscal
year used | ||
to pay for services provided in prior fiscal years.
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(g) In addition, each annual report required to be | ||
submitted by the
Department of Healthcare and Family Services | ||
under subsection (e) shall include the following
information | ||
with respect to the State's Medicaid program:
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(1) Explanations of the exact causes of the variance | ||
between the previous
year's estimated and actual | ||
liabilities.
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(2) Factors affecting the Department of Healthcare and | ||
Family Services' liabilities,
including but not limited to | ||
numbers of aid recipients, levels of medical
service | ||
utilization by aid recipients, and inflation in the cost of | ||
medical
services.
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(3) The results of the Department's efforts to combat | ||
fraud and abuse.
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(h) As provided in Section 4 of the General Assembly | ||
Compensation Act,
any utility bill for service provided to a | ||
General Assembly
member's district office for a period | ||
including portions of 2 consecutive
fiscal years may be paid | ||
from funds appropriated for such expenditure in
either fiscal | ||
year.
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(i) An agency which administers a fund classified by the | ||
Comptroller as an
internal service fund may issue rules for:
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(1) billing user agencies in advance for payments or | ||
authorized inter-fund transfers
based on estimated charges | ||
for goods or services;
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(2) issuing credits, refunding through inter-fund | ||
transfers, or reducing future inter-fund transfers
during
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the subsequent fiscal year for all user agency payments or | ||
authorized inter-fund transfers received during the
prior | ||
fiscal year which were in excess of the final amounts owed | ||
by the user
agency for that period; and
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(3) issuing catch-up billings to user agencies
during | ||
the subsequent fiscal year for amounts remaining due when | ||
payments or authorized inter-fund transfers
received from | ||
the user agency during the prior fiscal year were less than | ||
the
total amount owed for that period.
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User agencies are authorized to reimburse internal service | ||
funds for catch-up
billings by vouchers drawn against their | ||
respective appropriations for the
fiscal year in which the | ||
catch-up billing was issued or by increasing an authorized | ||
inter-fund transfer during the current fiscal year. For the | ||
purposes of this Act, "inter-fund transfers" means transfers | ||
without the use of the voucher-warrant process, as authorized | ||
by Section 9.01 of the State Comptroller Act.
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(i-1) Beginning on July 1, 2021, all outstanding | ||
liabilities, not payable during the 4-month lapse period as |
described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and | ||
(c) of this Section, that are made from appropriations for that | ||
purpose for any fiscal year, without regard to the fact that | ||
the services being compensated for by those payments may have | ||
been rendered in a prior fiscal year, are limited to only those | ||
claims that have been incurred but for which a proper bill or | ||
invoice as defined by the State Prompt Payment Act has not been | ||
received by September 30th following the end of the fiscal year | ||
in which the service was rendered. | ||
(j) Notwithstanding any other provision of this Act, the | ||
aggregate amount of payments to be made without regard for | ||
fiscal year limitations as contained in subsections (b-1), | ||
(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||
determined by using Generally Accepted Accounting Principles, | ||
shall not exceed the following amounts: | ||
(1) $6,000,000,000 for outstanding liabilities related | ||
to fiscal year 2012; | ||
(2) $5,300,000,000 for outstanding liabilities related | ||
to fiscal year 2013; | ||
(3) $4,600,000,000 for outstanding liabilities related | ||
to fiscal year 2014; | ||
(4) $4,000,000,000 for outstanding liabilities related | ||
to fiscal year 2015; | ||
(5) $3,300,000,000 for outstanding liabilities related | ||
to fiscal year 2016; | ||
(6) $2,600,000,000 for outstanding liabilities related |
to fiscal year 2017; | ||
(7) $2,000,000,000 for outstanding liabilities related | ||
to fiscal year 2018; | ||
(8) $1,300,000,000 for outstanding liabilities related | ||
to fiscal year 2019; | ||
(9) $600,000,000 for outstanding liabilities related | ||
to fiscal year 2020; and | ||
(10) $0 for outstanding liabilities related to fiscal | ||
year 2021 and fiscal years thereafter. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-928, eff. 6-15-10; | ||
96-958, eff. 7-1-10; 96-1501, eff. 1-25-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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