Rep. Barbara Flynn Currie

Filed: 3/1/2012

 

 


 

 


 
09700HB4601ham001LRB097 18347 PJG 66686 a

1
AMENDMENT TO HOUSE BILL 4601

2    AMENDMENT NO. ______. Amend House Bill 4601 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Records Act is amended by changing
5Section 9 as follows:
 
6    (5 ILCS 160/9)  (from Ch. 116, par. 43.12)
7    Sec. 9. The head of each agency shall establish, and
8maintain an active, continuing program for the economical and
9efficient management of the records of the agency.
10    Such program:
11    (1) shall provide for effective controls over the creation,
12maintenance, and use of records in the conduct of current
13business and shall ensure that agency electronic records, as
14specified in Section 5-135 of the Electronic Commerce Security
15Act, are retained in a trustworthy manner so that the records,
16and the information contained in the records, are accessible

 

 

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1and usable for reference for the duration of the retention
2period; all computer tape or disk maintenance and preservation
3procedures must be fully applied and, if equipment or programs
4providing access to the records are updated or replaced, the
5existing data must remain accessible in the successor format
6for the duration of the approved retention period;
7    (2) shall provide for cooperation with the Secretary in
8appointing a records officer and in applying standards,
9procedures, and techniques to improve the management of
10records, promote the maintenance and security of records deemed
11appropriate for preservation, and facilitate the segregation
12and disposal of records of temporary value; and
13    (3) shall provide for compliance with the provisions of
14this Act and the rules and regulations issued thereunder.
15    If an agency has delegated its authority to retain records
16to another agency, then the delegate agency shall maintain the
17same, or a more diligent, record retention methodology and
18record retention period as the original agency's program. If
19the delegate is from the legislative or judicial branch, then
20the delegate may use the same record retention methodology and
21record retention period that the delegate uses for similar
22records.
23(Source: P.A. 92-866, eff. 1-3-03.)
 
24    Section 10. The Comptroller's Records Act is amended by
25changing Section 7 as follows:
 

 

 

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1    (15 ILCS 415/7)  (from Ch. 15, par. 31)
2    Sec. 7. Certificate of destruction. Before the destruction
3of any warrants or records pursuant to this Act, the State
4Comptroller shall have prepared a certificate setting forth by
5summary description the warrants or records and the manner,
6time and place of their destruction. The certificate shall be
7signed by at least 2 witnesses of such destruction and shall be
8kept in the permanent files of the Comptroller.
9(Source: P.A. 78-592.)
 
10    Section 15. The State Finance Act is amended by changing
11Sections 12 and 25 as follows:
 
12    (30 ILCS 105/12)  (from Ch. 127, par. 148)
13    Sec. 12. Each voucher for traveling expenses shall indicate
14the purpose of the travel as required by applicable travel
15regulations, shall be itemized and shall be accompanied by all
16receipts specified in the applicable travel regulations and by
17a certificate, signed by the person incurring such expense,
18certifying that the amount is correct and just; that the
19detailed items charged for subsistence were actually paid; that
20the expenses were occasioned by official business or
21unavoidable delays requiring the stay of such person at hotels
22for the time specified; that the journey was performed with all
23practicable dispatch by the shortest route usually traveled in

 

 

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1the customary reasonable manner; and that such person has not
2been furnished with transportation or money in lieu thereof;
3for any part of the journey therein charged for.
4    Upon written approval by the office of the Comptroller, a
5State agency may maintain the original travel voucher, the
6receipts, and the proof of the traveler's signature on the
7traveler's certification statement at the office of the State
8agency. However, nothing in this Section shall be construed to
9exempt a State agency from submitting a detailed travel voucher
10as prescribed by the office of the Comptroller.
11    An information copy of each voucher covering a claim by a
12person subject to the official travel regulations promulgated
13under Section 12-2 for travel reimbursement involving an
14exception to the general restrictions of such travel
15regulations shall be filed with the applicable travel control
16board which shall consider these vouchers, or a report thereof,
17for approval. Amounts disbursed for travel reimbursement
18claims which are disapproved by the applicable travel control
19board shall be refunded by the traveler and deposited in the
20fund or account from which payment was made.
21(Source: P.A. 84-345.)
 
22    (30 ILCS 105/25)  (from Ch. 127, par. 161)
23    Sec. 25. Fiscal year limitations.
24    (a) All appropriations shall be available for expenditure
25for the fiscal year or for a lesser period if the Act making

 

 

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1that appropriation so specifies. A deficiency or emergency
2appropriation shall be available for expenditure only through
3June 30 of the year when the Act making that appropriation is
4enacted unless that Act otherwise provides.
5    (b) Outstanding liabilities as of June 30, payable from
6appropriations which have otherwise expired, may be paid out of
7the expiring appropriations during the 2-month period ending at
8the close of business on August 31. Any service involving
9professional or artistic skills or any personal services by an
10employee whose compensation is subject to income tax
11withholding must be performed as of June 30 of the fiscal year
12in order to be considered an "outstanding liability as of June
1330" that is thereby eligible for payment out of the expiring
14appropriation.
15    (b-1) However, payment of tuition reimbursement claims
16under Section 14-7.03 or 18-3 of the School Code may be made by
17the State Board of Education from its appropriations for those
18respective purposes for any fiscal year, even though the claims
19reimbursed by the payment may be claims attributable to a prior
20fiscal year, and payments may be made at the direction of the
21State Superintendent of Education from the fund from which the
22appropriation is made without regard to any fiscal year
23limitations, except as required by subsection (j) of this
24Section. Beginning on June 30, 2021, payment of tuition
25reimbursement claims under Section 14-7.03 or 18-3 of the
26School Code as of June 30, payable from appropriations that

 

 

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1have otherwise expired, may be paid out of the expiring
2appropriation during the 4-month period ending at the close of
3business on October 31.
4    (b-2) All outstanding liabilities as of June 30, 2010,
5payable from appropriations that would otherwise expire at the
6conclusion of the lapse period for fiscal year 2010, and
7interest penalties payable on those liabilities under the State
8Prompt Payment Act, may be paid out of the expiring
9appropriations until December 31, 2010, without regard to the
10fiscal year in which the payment is made, as long as vouchers
11for the liabilities are received by the Comptroller no later
12than August 31, 2010.
13    (b-2.5) All outstanding liabilities as of June 30, 2011,
14payable from appropriations that would otherwise expire at the
15conclusion of the lapse period for fiscal year 2011, and
16interest penalties payable on those liabilities under the State
17Prompt Payment Act, may be paid out of the expiring
18appropriations until December 31, 2011, without regard to the
19fiscal year in which the payment is made, as long as vouchers
20for the liabilities are received by the Comptroller no later
21than August 31, 2011.
22    (b-2.6) For fiscal years 2012 and 2013, interest penalties
23payable under the State Prompt Payment Act associated with a
24voucher for which payment is issued after June 30 may be paid
25out of the next fiscal year's appropriation. The future year
26appropriation must be for the same purpose and from the same

 

 

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1fund as the original payment. An interest penalty voucher
2submitted against a future year appropriation must be submitted
3within 60 days after the issuance of the associated voucher,
4and the Comptroller must issue the interest payment within 60
5days after acceptance of the interest voucher.
6    (b-3) Medical payments may be made by the Department of
7Veterans' Affairs from its appropriations for those purposes
8for any fiscal year, without regard to the fact that the
9medical services being compensated for by such payment may have
10been rendered in a prior fiscal year, except as required by
11subsection (j) of this Section. Beginning on June 30, 2021,
12medical payments payable from appropriations that have
13otherwise expired may be paid out of the expiring appropriation
14during the 4-month period ending at the close of business on
15October 31.
16    (b-4) Medical payments may be made by the Department of
17Healthcare and Family Services and medical payments and child
18care payments may be made by the Department of Human Services
19(as successor to the Department of Public Aid) from
20appropriations for those purposes for any fiscal year, without
21regard to the fact that the medical or child care services
22being compensated for by such payment may have been rendered in
23a prior fiscal year; and payments may be made at the direction
24of the Department of Healthcare and Family Services from the
25Health Insurance Reserve Fund and the Local Government Health
26Insurance Reserve Fund without regard to any fiscal year

 

 

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1limitations, except as required by subsection (j) of this
2Section. Beginning on June 30, 2021, medical payments made by
3the Department of Healthcare and Family Services, child care
4payments made by the Department of Human Services, and payments
5made at the discretion of the Department of Healthcare and
6Family Services from the Health Insurance Reserve Fund and the
7Local Government Health Insurance Reserve Fund payable from
8appropriations that have otherwise expired may be paid out of
9the expiring appropriation during the 4-month period ending at
10the close of business on October 31.
11    (b-5) Medical payments may be made by the Department of
12Human Services from its appropriations relating to substance
13abuse treatment services for any fiscal year, without regard to
14the fact that the medical services being compensated for by
15such payment may have been rendered in a prior fiscal year,
16provided the payments are made on a fee-for-service basis
17consistent with requirements established for Medicaid
18reimbursement by the Department of Healthcare and Family
19Services, except as required by subsection (j) of this Section.
20Beginning on June 30, 2021, medical payments made by the
21Department of Human Services relating to substance abuse
22treatment services payable from appropriations that have
23otherwise expired may be paid out of the expiring appropriation
24during the 4-month period ending at the close of business on
25October 31.
26    (b-6) Additionally, payments may be made by the Department

 

 

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1of Human Services from its appropriations, or any other State
2agency from its appropriations with the approval of the
3Department of Human Services, from the Immigration Reform and
4Control Fund for purposes authorized pursuant to the
5Immigration Reform and Control Act of 1986, without regard to
6any fiscal year limitations, except as required by subsection
7(j) of this Section. Beginning on June 30, 2021, payments made
8by the Department of Human Services from the Immigration Reform
9and Control Fund for purposes authorized pursuant to the
10Immigration Reform and Control Act of 1986 payable from
11appropriations that have otherwise expired may be paid out of
12the expiring appropriation during the 4-month period ending at
13the close of business on October 31.
14    (b-7) Payments may be made in accordance with a plan
15authorized by paragraph (11) or (12) of Section 405-105 of the
16Department of Central Management Services Law from
17appropriations for those payments without regard to fiscal year
18limitations.
19    (c) Further, payments may be made by the Department of
20Public Health, the Department of Human Services (acting as
21successor to the Department of Public Health under the
22Department of Human Services Act), and the Department of
23Healthcare and Family Services from their respective
24appropriations for grants for medical care to or on behalf of
25persons suffering from chronic renal disease, persons
26suffering from hemophilia, rape victims, and premature and

 

 

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1high-mortality risk infants and their mothers and for grants
2for supplemental food supplies provided under the United States
3Department of Agriculture Women, Infants and Children
4Nutrition Program, for any fiscal year without regard to the
5fact that the services being compensated for by such payment
6may have been rendered in a prior fiscal year, except as
7required by subsection (j) of this Section. Beginning on June
830, 2021, payments made by the Department of Public Health, the
9Department of Human Services, and the Department of Healthcare
10and Family Services from their respective appropriations for
11grants for medical care to or on behalf of persons suffering
12from chronic renal disease, persons suffering from hemophilia,
13rape victims, and premature and high-mortality risk infants and
14their mothers and for grants for supplemental food supplies
15provided under the United States Department of Agriculture
16Women, Infants and Children Nutrition Program payable from
17appropriations that have otherwise expired may be paid out of
18the expiring appropriations during the 4-month period ending at
19the close of business on October 31.
20    (d) The Department of Public Health and the Department of
21Human Services (acting as successor to the Department of Public
22Health under the Department of Human Services Act) shall each
23annually submit to the State Comptroller, Senate President,
24Senate Minority Leader, Speaker of the House, House Minority
25Leader, and the respective Chairmen and Minority Spokesmen of
26the Appropriations Committees of the Senate and the House, on

 

 

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1or before December 31, a report of fiscal year funds used to
2pay for services provided in any prior fiscal year. This report
3shall document by program or service category those
4expenditures from the most recently completed fiscal year used
5to pay for services provided in prior fiscal years.
6    (e) The Department of Healthcare and Family Services, the
7Department of Human Services (acting as successor to the
8Department of Public Aid), and the Department of Human Services
9making fee-for-service payments relating to substance abuse
10treatment services provided during a previous fiscal year shall
11each annually submit to the State Comptroller, Senate
12President, Senate Minority Leader, Speaker of the House, House
13Minority Leader, the respective Chairmen and Minority
14Spokesmen of the Appropriations Committees of the Senate and
15the House, on or before November 30, a report that shall
16document by program or service category those expenditures from
17the most recently completed fiscal year used to pay for (i)
18services provided in prior fiscal years and (ii) services for
19which claims were received in prior fiscal years.
20    (f) The Department of Human Services (as successor to the
21Department of Public Aid) shall annually submit to the State
22Comptroller, Senate President, Senate Minority Leader, Speaker
23of the House, House Minority Leader, and the respective
24Chairmen and Minority Spokesmen of the Appropriations
25Committees of the Senate and the House, on or before December
2631, a report of fiscal year funds used to pay for services

 

 

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1(other than medical care) provided in any prior fiscal year.
2This report shall document by program or service category those
3expenditures from the most recently completed fiscal year used
4to pay for services provided in prior fiscal years.
5    (g) In addition, each annual report required to be
6submitted by the Department of Healthcare and Family Services
7under subsection (e) shall include the following information
8with respect to the State's Medicaid program:
9        (1) Explanations of the exact causes of the variance
10    between the previous year's estimated and actual
11    liabilities.
12        (2) Factors affecting the Department of Healthcare and
13    Family Services' liabilities, including but not limited to
14    numbers of aid recipients, levels of medical service
15    utilization by aid recipients, and inflation in the cost of
16    medical services.
17        (3) The results of the Department's efforts to combat
18    fraud and abuse.
19    (h) As provided in Section 4 of the General Assembly
20Compensation Act, any utility bill for service provided to a
21General Assembly member's district office for a period
22including portions of 2 consecutive fiscal years may be paid
23from funds appropriated for such expenditure in either fiscal
24year.
25    (i) An agency which administers a fund classified by the
26Comptroller as an internal service fund may issue rules for:

 

 

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1        (1) billing user agencies in advance for payments or
2    authorized inter-fund transfers based on estimated charges
3    for goods or services;
4        (2) issuing credits, refunding through inter-fund
5    transfers, or reducing future inter-fund transfers during
6    the subsequent fiscal year for all user agency payments or
7    authorized inter-fund transfers received during the prior
8    fiscal year which were in excess of the final amounts owed
9    by the user agency for that period; and
10        (3) issuing catch-up billings to user agencies during
11    the subsequent fiscal year for amounts remaining due when
12    payments or authorized inter-fund transfers received from
13    the user agency during the prior fiscal year were less than
14    the total amount owed for that period.
15User agencies are authorized to reimburse internal service
16funds for catch-up billings by vouchers drawn against their
17respective appropriations for the fiscal year in which the
18catch-up billing was issued or by increasing an authorized
19inter-fund transfer during the current fiscal year. For the
20purposes of this Act, "inter-fund transfers" means transfers
21without the use of the voucher-warrant process, as authorized
22by Section 9.01 of the State Comptroller Act.
23    (i-1) Beginning on July 1, 2021, all outstanding
24liabilities, not payable during the 4-month lapse period as
25described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
26(c) of this Section, that are made from appropriations for that

 

 

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1purpose for any fiscal year, without regard to the fact that
2the services being compensated for by those payments may have
3been rendered in a prior fiscal year, are limited to only those
4claims that have been incurred but for which a proper bill or
5invoice as defined by the State Prompt Payment Act has not been
6received by September 30th following the end of the fiscal year
7in which the service was rendered.
8    (j) Notwithstanding any other provision of this Act, the
9aggregate amount of payments to be made without regard for
10fiscal year limitations as contained in subsections (b-1),
11(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
12determined by using Generally Accepted Accounting Principles,
13shall not exceed the following amounts:
14        (1) $6,000,000,000 for outstanding liabilities related
15    to fiscal year 2012;
16        (2) $5,300,000,000 for outstanding liabilities related
17    to fiscal year 2013;
18        (3) $4,600,000,000 for outstanding liabilities related
19    to fiscal year 2014;
20        (4) $4,000,000,000 for outstanding liabilities related
21    to fiscal year 2015;
22        (5) $3,300,000,000 for outstanding liabilities related
23    to fiscal year 2016;
24        (6) $2,600,000,000 for outstanding liabilities related
25    to fiscal year 2017;
26        (7) $2,000,000,000 for outstanding liabilities related

 

 

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1    to fiscal year 2018;
2        (8) $1,300,000,000 for outstanding liabilities related
3    to fiscal year 2019;
4        (9) $600,000,000 for outstanding liabilities related
5    to fiscal year 2020; and
6        (10) $0 for outstanding liabilities related to fiscal
7    year 2021 and fiscal years thereafter.
8    (k) The Comptroller must issue payments against
9outstanding liabilities that were received prior to the lapse
10period deadlines set forth in this Section as soon thereafter
11as practical, but no payment may be issued after the 4 months
12following the lapse period deadline without the signed
13authorization of the Comptroller and the Governor.
14(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10;
1596-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff.
168-12-11.)
 
17    Section 20. The Illinois Procurement Code is amended by
18changing Section 20-80 as follows:
 
19    (30 ILCS 500/20-80)
20    Sec. 20-80. Contract files.
21    (a) Written determinations. All written determinations
22required under this Article shall be placed in the contract
23file maintained by the chief procurement officer.
24    (b) Filing with Comptroller. Whenever a grant, defined

 

 

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1pursuant to accounting standards established by the
2Comptroller, or a contract liability, except for: (1) contracts
3paid from personal services, or (2) contracts between the State
4and its employees to defer compensation in accordance with
5Article 24 of the Illinois Pension Code, exceeding $20,000
6$10,000 is incurred by any State agency, a copy of the
7contract, purchase order, grant, or lease shall be filed with
8the Comptroller within 30 15 days thereafter. The Comptroller
9may require that grants and contracts that must be filed with
10the Comptroller under this Section shall be filed
11electronically. For each State contract for goods, supplies, or
12services awarded on or after July 1, 2010, the contracting
13agency shall provide the applicable rate and unit of
14measurement of the goods, supplies, or services on the contract
15obligation document as required by the Comptroller. If the
16contract obligation document that is submitted to the
17Comptroller contains the rate and unit of measurement of the
18goods, supplies, or services, the Comptroller shall provide
19that information on his or her official website. Any
20cancellation or modification to any such contract liability
21shall be filed with the Comptroller within 30 15 days of its
22execution.
23    (c) Late filing affidavit. When a contract, purchase order,
24grant, or lease required to be filed by this Section has not
25been filed within 30 days of execution, the Comptroller shall
26refuse to issue a warrant for payment thereunder until the

 

 

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1agency files with the Comptroller the contract, purchase order,
2grant, or lease and an affidavit, signed by the chief executive
3officer of the agency or his or her designee, setting forth an
4explanation of why the contract liability was not filed within
530 days of execution. A copy of this affidavit shall be filed
6with the Auditor General.
7    (d) Timely execution of contracts. No voucher shall be
8submitted to the Comptroller for a warrant to be drawn for the
9payment of money from the State treasury or from other funds
10held by the State Treasurer on account of any contract unless
11the contract is reduced to writing before the services are
12performed and filed with the Comptroller. Vendors shall not be
13paid for any goods that were received or services that were
14rendered before the contract was reduced to writing and signed
15by all necessary parties. A chief procurement officer may
16request an exception to this subsection by submitting a written
17statement to the Comptroller and Treasurer setting forth the
18circumstances and reasons why the contract could not be reduced
19to writing before the supplies were received or services were
20performed. A waiver of this subsection must be approved by the
21Comptroller and Treasurer. This Section shall not apply to
22emergency purchases if notice of the emergency purchase is
23filed with the Procurement Policy Board and published in the
24Bulletin as required by this Code.
25    (e) Method of source selection. When a contract is filed
26with the Comptroller under this Section, the Comptroller's file

 

 

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1shall identify the method of source selection used in obtaining
2the contract.
3(Source: P.A. 96-794, eff. 1-1-10; 96-795, eff. 7-1-10 (see
4Section 5 of P.A. 96-793 for the effective date of changes made
5by P.A. 96-795); 96-1000, eff. 7-2-10.)
 
6    Section 25. The State Prompt Payment Act is amended by
7changing Section 3-2 as follows:
 
8    (30 ILCS 540/3-2)
9    Sec. 3-2. Beginning July 1, 1993, in any instance where a
10State official or agency is late in payment of a vendor's bill
11or invoice for goods or services furnished to the State, as
12defined in Section 1, properly approved in accordance with
13rules promulgated under Section 3-3, the State official or
14agency shall pay interest to the vendor in accordance with the
15following:
16        (1) Any bill, except a bill submitted under Article V
17    of the Illinois Public Aid Code and except as provided
18    under paragraph (1.05) of this Section, approved for
19    payment under this Section must be paid or the payment
20    issued to the payee within 60 days of receipt of a proper
21    bill or invoice. If payment is not issued to the payee
22    within this 60-day period, an interest penalty of 1.0% of
23    any amount approved and unpaid shall be added for each
24    month or fraction thereof after the end of this 60-day

 

 

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1    period, until final payment is made. Any bill, except a
2    bill for pharmacy or nursing facility services or goods,
3    and except as provided under paragraph (1.05) 1.05 of this
4    Section, submitted under Article V of the Illinois Public
5    Aid Code approved for payment under this Section must be
6    paid or the payment issued to the payee within 60 days
7    after receipt of a proper bill or invoice, and, if payment
8    is not issued to the payee within this 60-day period, an
9    interest penalty of 2.0% of any amount approved and unpaid
10    shall be added for each month or fraction thereof after the
11    end of this 60-day period, until final payment is made. Any
12    bill for pharmacy or nursing facility services or goods
13    submitted under Article V of the Illinois Public Aid Code,
14    except as provided under paragraph (1.05) of this Section,
15    and approved for payment under this Section must be paid or
16    the payment issued to the payee within 60 days of receipt
17    of a proper bill or invoice. If payment is not issued to
18    the payee within this 60-day period, an interest penalty of
19    1.0% of any amount approved and unpaid shall be added for
20    each month or fraction thereof after the end of this 60-day
21    period, until final payment is made.
22        (1.05) For State fiscal year 2012 and future fiscal
23    years, any bill approved for payment under this Section
24    must be paid or the payment issued to the payee within 90
25    days of receipt of a proper bill or invoice. If payment is
26    not issued to the payee within this 90-day period, an

 

 

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1    interest penalty of 1.0% of any amount approved and unpaid
2    shall be added for each month, or 00.0033% (1/30%) of any
3    amount approved and unpaid for each day, fraction thereof
4    after the end of this 90-day period, until final payment is
5    made.
6        (1.1) A State agency shall review in a timely manner
7    each bill or invoice after its receipt. If the State agency
8    determines that the bill or invoice contains a defect
9    making it unable to process the payment request, the agency
10    shall notify the vendor requesting payment as soon as
11    possible after discovering the defect pursuant to rules
12    promulgated under Section 3-3; provided, however, that the
13    notice for construction related bills or invoices must be
14    given not later than 30 days after the bill or invoice was
15    first submitted. The notice shall identify the defect and
16    any additional information necessary to correct the
17    defect. If one or more items on a construction related bill
18    or invoice are disapproved, but not the entire bill or
19    invoice, then the portion that is not disapproved shall be
20    paid.
21        (2) Where a State official or agency is late in payment
22    of a vendor's bill or invoice properly approved in
23    accordance with this Act, and different late payment terms
24    are not reduced to writing as a contractual agreement, the
25    State official or agency shall automatically pay interest
26    penalties required by this Section amounting to $50 or more

 

 

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1    to the appropriate vendor. Each agency shall be responsible
2    for determining whether an interest penalty is owed and for
3    paying the interest to the vendor. Except as provided in
4    paragraph (4), an individual interest payment amounting to
5    $5 or less shall not be paid by the State. Interest due to
6    a vendor that amounts to greater than $5 and less than $50
7    shall not be paid but shall be accrued until all interest
8    due the vendor for all similar warrants exceeds $50, at
9    which time the accrued interest shall be payable and
10    interest will begin accruing again, except that interest
11    accrued as of the end of the fiscal year that does not
12    exceed $50 shall be payable at that time. In the event an
13    individual has paid a vendor for services in advance, the
14    provisions of this Section shall apply until payment is
15    made to that individual.
16        (3) The provisions of Public Act 96-1501 reducing the
17    interest rate on pharmacy claims under Article V of the
18    Illinois Public Aid Code to 1.0% per month shall apply to
19    any pharmacy bills for services and goods under Article V
20    of the Illinois Public Aid Code received on or after the
21    date 60 days before January 25, 2011 (the effective date of
22    Public Act 96-1501) except as provided under paragraph
23    (1.05) of this Section.
24        (4) Interest amounting to less than $5 shall not be
25    paid by the State, except for claims (i) to the Department
26    of Healthcare and Family Services or the Department of

 

 

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1    Human Services, (ii) pursuant to Article V of the Illinois
2    Public Aid Code, the Covering ALL KIDS Health Insurance
3    Act, or the Children's Health Insurance Program Act, and
4    (iii) made (A) by pharmacies for prescriptive services or
5    (B) by any federally qualified health center for
6    prescriptive services or any other services.    
7    (Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;
896-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff.
91-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff.
106-30-11; 97-348, eff. 8-12-11; revised 9-7-11.)
 
11    Section 30. The Governmental Account Audit Act is amended
12by changing Section 2 as follows:
 
13    (50 ILCS 310/2)  (from Ch. 85, par. 702)
14    Sec. 2. Except as otherwise provided in Section 3, the
15governing body of each governmental unit shall cause an audit
16of the accounts of the unit to be made by a licensed public
17accountant. Such audit shall be made annually and shall cover
18the immediately preceding fiscal year of the governmental unit.
19The audit shall include all the accounts and funds of the
20governmental unit, including the accounts of any officer of the
21governmental unit who receives fees or handles funds of the
22unit or who spends money of the unit. The audit shall begin as
23soon as possible after the close of the last fiscal year to
24which it pertains, and shall be completed and the audit report

 

 

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1filed with the Comptroller within 6 months after the close of
2such fiscal year unless an extension of time is granted by the
3Comptroller in writing. An audit report which fails to meet the
4requirements of this Act shall be rejected by the Comptroller
5and returned to the governing body of the governmental unit for
6corrective action. The licensed public accountant making the
7audit shall submit not less than 3 copies of the audit report
8to the governing body of the governmental unit being audited.
9    Any financial report under this Section shall include the
10name of the purchasing agent who oversees all competitively bid
11contracts. If there is no purchasing agent, the name of the
12person responsible for oversight of all competitively bid
13contracts shall be listed.
14(Source: P.A. 85-1000.)
 
15    Section 35. The Counties Code is amended by changing
16Section 6-31003 as follows:
 
17    (55 ILCS 5/6-31003)  (from Ch. 34, par. 6-31003)
18    Sec. 6-31003. Annual audits and reports. In counties having
19a population of over 10,000 but less than 500,000, the county
20board of each county shall cause an audit of all of the funds
21and accounts of the county to be made annually by an accountant
22or accountants chosen by the county board or by an accountant
23or accountants retained by the Comptroller, as hereinafter
24provided. In addition, each county having a population of less

 

 

09700HB4601ham001- 24 -LRB097 18347 PJG 66686 a

1than 500,000 shall file with the Comptroller a financial report
2containing information required by the Comptroller. Such
3financial report shall be on a form so designed by the
4Comptroller as not to require professional accounting services
5for its preparation.
6    Any financial report under this Section shall include the
7name of the purchasing agent who oversees all competitively bid
8contracts. If there is no purchasing agent, the name of the
9person responsible for oversight of all competitively bid
10contracts shall be listed.
11    The audit shall commence as soon as possible after the
12close of each fiscal year and shall be completed within 6
13months after the close of such fiscal year, unless an extension
14of time is granted by the Comptroller in writing. Such
15extension of time shall not exceed 60 days. When the accountant
16or accountants have completed the audit a full report thereof
17shall be made and not less than 2 copies of each audit report
18shall be submitted to the county board. Each audit report shall
19be signed by the accountant making the audit and shall include
20only financial information, findings and conclusions that are
21adequately supported by evidence in the auditor's working
22papers to demonstrate or prove, when called upon, the basis for
23the matters reported and their correctness and reasonableness.
24In connection with this, each county board shall retain the
25right of inspection of the auditor's working papers and shall
26make them available to the Comptroller, or his designee, upon

 

 

09700HB4601ham001- 25 -LRB097 18347 PJG 66686 a

1request.
2    Within 60 days of receipt of an audit report, each county
3board shall file one copy of each audit report and each
4financial report with the Comptroller and any comment or
5explanation that the county board may desire to make concerning
6such audit report may be attached thereto. An audit report
7which fails to meet the requirements of this Division shall be
8rejected by the Comptroller and returned to the county board
9for corrective action. One copy of each such report shall be
10filed with the county clerk of the county so audited.
11(Source: P.A. 86-962.)
 
12    Section 40. The Illinois Municipal Code is amended by
13changing Section 8-8-3 as follows:
 
14    (65 ILCS 5/8-8-3)  (from Ch. 24, par. 8-8-3)
15    Sec. 8-8-3. Audit requirements.
16    (a) The corporate authorities of each municipality coming
17under the provisions of this Division 8 shall cause an audit of
18the funds and accounts of the municipality to be made by an
19accountant or accountants employed by such municipality or by
20an accountant or accountants retained by the Comptroller, as
21hereinafter provided.
22    (b) The accounts and funds of each municipality having a
23population of 800 or more or having a bonded debt or owning or
24operating any type of public utility shall be audited annually.

 

 

09700HB4601ham001- 26 -LRB097 18347 PJG 66686 a

1The audit herein required shall include all of the accounts and
2funds of the municipality. Such audit shall be begun as soon as
3possible after the close of the fiscal year, and shall be
4completed and the report submitted within 6 months after the
5close of such fiscal year, unless an extension of time shall be
6granted by the Comptroller in writing. The accountant or
7accountants making the audit shall submit not less than 2
8copies of the audit report to the corporate authorities of the
9municipality being audited. Municipalities not operating
10utilities may cause audits of the accounts of municipalities to
11be made more often than herein provided, by an accountant or
12accountants. The audit report of such audit when filed with the
13Comptroller together with an audit report covering the
14remainder of the period for which an audit is required to be
15filed hereunder shall satisfy the requirements of this section.
16    (c) Municipalities of less than 800 population which do not
17own or operate public utilities and do not have bonded debt,
18shall file annually with the Comptroller a financial report
19containing information required by the Comptroller. Such
20annual financial report shall be on forms devised by the
21Comptroller in such manner as to not require professional
22accounting services for its preparation.
23    (d) In addition to any audit report required, all
24municipalities, except municipalities of less than 800
25population which do not own or operate public utilities and do
26not have bonded debt, shall file annually with the Comptroller

 

 

09700HB4601ham001- 27 -LRB097 18347 PJG 66686 a

1a supplemental report on forms devised and approved by the
2Comptroller.
3    (e) Notwithstanding any provision of law to the contrary,
4if a municipality (i) has a population of less than 200, (ii)
5has bonded debt in the amount of $50,000 or less, and (iii)
6owns or operates a public utility, then the municipality shall
7cause an audit of the funds and accounts of the municipality to
8be made by an accountant employed by the municipality or
9retained by the Comptroller for fiscal year 2011 and every
10fourth fiscal year thereafter or until the municipality has a
11population of 200 or more, has bonded debt in excess of
12$50,000, or no longer owns or operates a public utility.
13Nothing in this subsection shall be construed as limiting the
14municipality's duty to file an annual financial report with the
15Comptroller or to comply with the filing requirements
16concerning the county clerk.
17    (f) Any financial report under this Section shall include
18the name of the purchasing agent who oversees all competitively
19bid contracts. If there is no purchasing agent, the name of the
20person responsible for oversight of all competitively bid
21contracts shall be listed.
22(Source: P.A. 96-1309, eff. 7-27-10.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".