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Full Text of SB2045  97th General Assembly

SB2045 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2045

 

Introduced 2/10/2011, by Sen. Kirk W. Dillard - Kyle McCarter

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/25  from Ch. 127, par. 161

    Amends the State Finance Act. Provides that, beginning on June 30, 2013 (now, 2021), certain payments payable from appropriations that may have otherwise expired may be paid out of the expiring appropriation during the 4-month period ending on October 31. Provides for a $2,000,000,000 limitation on the aggregate amount of payments to be paid out of these expiring appropriations related to fiscal year 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 25 as follows:
 
6    (30 ILCS 105/25)  (from Ch. 127, par. 161)
7    Sec. 25. Fiscal year limitations.
8    (a) All appropriations shall be available for expenditure
9for the fiscal year or for a lesser period if the Act making
10that appropriation so specifies. A deficiency or emergency
11appropriation shall be available for expenditure only through
12June 30 of the year when the Act making that appropriation is
13enacted unless that Act otherwise provides.
14    (b) Outstanding liabilities as of June 30, payable from
15appropriations which have otherwise expired, may be paid out of
16the expiring appropriations during the 2-month period ending at
17the close of business on August 31. Any service involving
18professional or artistic skills or any personal services by an
19employee whose compensation is subject to income tax
20withholding must be performed as of June 30 of the fiscal year
21in order to be considered an "outstanding liability as of June
2230" that is thereby eligible for payment out of the expiring
23appropriation.

 

 

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1    (b-1) However, payment of tuition reimbursement claims
2under Section 14-7.03 or 18-3 of the School Code may be made by
3the State Board of Education from its appropriations for those
4respective purposes for any fiscal year, even though the claims
5reimbursed by the payment may be claims attributable to a prior
6fiscal year, and payments may be made at the direction of the
7State Superintendent of Education from the fund from which the
8appropriation is made without regard to any fiscal year
9limitations, except as required by subsection (j) of this
10Section. Beginning on June 30, 2013 2021, payment of tuition
11reimbursement claims under Section 14-7.03 or 18-3 of the
12School Code as of June 30, payable from appropriations that
13have otherwise expired, may be paid out of the expiring
14appropriation during the 4-month period ending at the close of
15business on October 31.
16    (b-2) All outstanding liabilities as of June 30, 2010,
17payable from appropriations that would otherwise expire at the
18conclusion of the lapse period for fiscal year 2010, and
19interest penalties payable on those liabilities under the State
20Prompt Payment Act, may be paid out of the expiring
21appropriations until December 31, 2010, without regard to the
22fiscal year in which the payment is made, as long as vouchers
23for the liabilities are received by the Comptroller no later
24than August 31, 2010.
25    (b-3) Medical payments may be made by the Department of
26Veterans' Affairs from its appropriations for those purposes

 

 

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1for any fiscal year, without regard to the fact that the
2medical services being compensated for by such payment may have
3been rendered in a prior fiscal year, except as required by
4subsection (j) of this Section. Beginning on June 30, 2013
52021, medical payments payable from appropriations that have
6otherwise expired may be paid out of the expiring appropriation
7during the 4-month period ending at the close of business on
8October 31.
9    (b-4) Medical payments may be made by the Department of
10Healthcare and Family Services and medical payments and child
11care payments may be made by the Department of Human Services
12(as successor to the Department of Public Aid) from
13appropriations for those purposes for any fiscal year, without
14regard to the fact that the medical or child care services
15being compensated for by such payment may have been rendered in
16a prior fiscal year; and payments may be made at the direction
17of the Department of Healthcare and Family Services from the
18Health Insurance Reserve Fund and the Local Government Health
19Insurance Reserve Fund without regard to any fiscal year
20limitations, except as required by subsection (j) of this
21Section. Beginning on June 30, 2013 2021, medical payments made
22by the Department of Healthcare and Family Services, child care
23payments made by the Department of Human Services, and payments
24made at the discretion of the Department of Healthcare and
25Family Services from the Health Insurance Reserve Fund and the
26Local Government Health Insurance Reserve Fund payable from

 

 

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1appropriations that have otherwise expired may be paid out of
2the expiring appropriation during the 4-month period ending at
3the close of business on October 31.
4    (b-5) Medical payments may be made by the Department of
5Human Services from its appropriations relating to substance
6abuse treatment services for any fiscal year, without regard to
7the fact that the medical services being compensated for by
8such payment may have been rendered in a prior fiscal year,
9provided the payments are made on a fee-for-service basis
10consistent with requirements established for Medicaid
11reimbursement by the Department of Healthcare and Family
12Services, except as required by subsection (j) of this Section.
13Beginning on June 30, 2013 2021, medical payments made by the
14Department of Human Services relating to substance abuse
15treatment services payable from appropriations that have
16otherwise expired may be paid out of the expiring appropriation
17during the 4-month period ending at the close of business on
18October 31.
19    (b-6) Additionally, payments may be made by the Department
20of Human Services from its appropriations, or any other State
21agency from its appropriations with the approval of the
22Department of Human Services, from the Immigration Reform and
23Control Fund for purposes authorized pursuant to the
24Immigration Reform and Control Act of 1986, without regard to
25any fiscal year limitations, except as required by subsection
26(j) of this Section. Beginning on June 30, 2013 2021, payments

 

 

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1made by the Department of Human Services from the Immigration
2Reform and Control Fund for purposes authorized pursuant to the
3Immigration Reform and Control Act of 1986 payable from
4appropriations that have otherwise expired may be paid out of
5the expiring appropriation during the 4-month period ending at
6the close of business on October 31.
7    (b-7) Payments may be made in accordance with a plan
8authorized by paragraph (11) or (12) of Section 405-105 of the
9Department of Central Management Services Law from
10appropriations for those payments without regard to fiscal year
11limitations.
12    (c) Further, payments may be made by the Department of
13Public Health, the Department of Human Services (acting as
14successor to the Department of Public Health under the
15Department of Human Services Act), and the Department of
16Healthcare and Family Services from their respective
17appropriations for grants for medical care to or on behalf of
18persons suffering from chronic renal disease, persons
19suffering from hemophilia, rape victims, and premature and
20high-mortality risk infants and their mothers and for grants
21for supplemental food supplies provided under the United States
22Department of Agriculture Women, Infants and Children
23Nutrition Program, for any fiscal year without regard to the
24fact that the services being compensated for by such payment
25may have been rendered in a prior fiscal year, except as
26required by subsection (j) of this Section. Beginning on June

 

 

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130, 2013 2021, payments made by the Department of Public
2Health, the Department of Human Services, and the Department of
3Healthcare and Family Services from their respective
4appropriations for grants for medical care to or on behalf of
5persons suffering from chronic renal disease, persons
6suffering from hemophilia, rape victims, and premature and
7high-mortality risk infants and their mothers and for grants
8for supplemental food supplies provided under the United States
9Department of Agriculture Women, Infants and Children
10Nutrition Program payable from appropriations that have
11otherwise expired may be paid out of the expiring
12appropriations during the 4-month period ending at the close of
13business on October 31.
14    (d) The Department of Public Health and the Department of
15Human Services (acting as successor to the Department of Public
16Health under the Department of Human Services Act) shall each
17annually submit to the State Comptroller, Senate President,
18Senate Minority Leader, Speaker of the House, House Minority
19Leader, and the respective Chairmen and Minority Spokesmen of
20the Appropriations Committees of the Senate and the House, on
21or before December 31, a report of fiscal year funds used to
22pay for services provided in any prior fiscal year. This report
23shall document by program or service category those
24expenditures from the most recently completed fiscal year used
25to pay for services provided in prior fiscal years.
26    (e) The Department of Healthcare and Family Services, the

 

 

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1Department of Human Services (acting as successor to the
2Department of Public Aid), and the Department of Human Services
3making fee-for-service payments relating to substance abuse
4treatment services provided during a previous fiscal year shall
5each annually submit to the State Comptroller, Senate
6President, Senate Minority Leader, Speaker of the House, House
7Minority Leader, the respective Chairmen and Minority
8Spokesmen of the Appropriations Committees of the Senate and
9the House, on or before November 30, a report that shall
10document by program or service category those expenditures from
11the most recently completed fiscal year used to pay for (i)
12services provided in prior fiscal years and (ii) services for
13which claims were received in prior fiscal years.
14    (f) The Department of Human Services (as successor to the
15Department of Public Aid) shall annually submit to the State
16Comptroller, Senate President, Senate Minority Leader, Speaker
17of the House, House Minority Leader, and the respective
18Chairmen and Minority Spokesmen of the Appropriations
19Committees of the Senate and the House, on or before December
2031, a report of fiscal year funds used to pay for services
21(other than medical care) provided in any prior fiscal year.
22This report shall document by program or service category those
23expenditures from the most recently completed fiscal year used
24to pay for services provided in prior fiscal years.
25    (g) In addition, each annual report required to be
26submitted by the Department of Healthcare and Family Services

 

 

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1under subsection (e) shall include the following information
2with respect to the State's Medicaid program:
3        (1) Explanations of the exact causes of the variance
4    between the previous year's estimated and actual
5    liabilities.
6        (2) Factors affecting the Department of Healthcare and
7    Family Services' liabilities, including but not limited to
8    numbers of aid recipients, levels of medical service
9    utilization by aid recipients, and inflation in the cost of
10    medical services.
11        (3) The results of the Department's efforts to combat
12    fraud and abuse.
13    (h) As provided in Section 4 of the General Assembly
14Compensation Act, any utility bill for service provided to a
15General Assembly member's district office for a period
16including portions of 2 consecutive fiscal years may be paid
17from funds appropriated for such expenditure in either fiscal
18year.
19    (i) An agency which administers a fund classified by the
20Comptroller as an internal service fund may issue rules for:
21        (1) billing user agencies in advance for payments or
22    authorized inter-fund transfers based on estimated charges
23    for goods or services;
24        (2) issuing credits, refunding through inter-fund
25    transfers, or reducing future inter-fund transfers during
26    the subsequent fiscal year for all user agency payments or

 

 

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1    authorized inter-fund transfers received during the prior
2    fiscal year which were in excess of the final amounts owed
3    by the user agency for that period; and
4        (3) issuing catch-up billings to user agencies during
5    the subsequent fiscal year for amounts remaining due when
6    payments or authorized inter-fund transfers received from
7    the user agency during the prior fiscal year were less than
8    the total amount owed for that period.
9User agencies are authorized to reimburse internal service
10funds for catch-up billings by vouchers drawn against their
11respective appropriations for the fiscal year in which the
12catch-up billing was issued or by increasing an authorized
13inter-fund transfer during the current fiscal year. For the
14purposes of this Act, "inter-fund transfers" means transfers
15without the use of the voucher-warrant process, as authorized
16by Section 9.01 of the State Comptroller Act.
17    (i-1) Beginning on July 1, 2013 2021, all outstanding
18liabilities, not payable during the 4-month lapse period as
19described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
20(c) of this Section, that are made from appropriations for that
21purpose for any fiscal year, without regard to the fact that
22the services being compensated for by those payments may have
23been rendered in a prior fiscal year, are limited to only those
24claims that have been incurred but for which a proper bill or
25invoice as defined by the State Prompt Payment Act has not been
26received by September 30th following the end of the fiscal year

 

 

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1in which the service was rendered.
2    (j) Notwithstanding any other provision of this Act, the
3aggregate amount of payments to be made without regard for
4fiscal year limitations as contained in subsections (b-1),
5(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
6determined by using Generally Accepted Accounting Principles,
7shall not exceed the following amounts:
8        (1) $2,000,000,000 $6,000,000,000 for outstanding
9    liabilities related to fiscal year 2012;
10        (2) (blank) $5,300,000,000 for outstanding liabilities
11    related to fiscal year 2013;
12        (3) (blank) $4,600,000,000 for outstanding liabilities
13    related to fiscal year 2014;
14        (4) (blank) $4,000,000,000 for outstanding liabilities
15    related to fiscal year 2015;
16        (5) (blank) $3,300,000,000 for outstanding liabilities
17    related to fiscal year 2016;
18        (6) (blank) $2,600,000,000 for outstanding liabilities
19    related to fiscal year 2017;
20        (7) (blank) $2,000,000,000 for outstanding liabilities
21    related to fiscal year 2018;
22        (8) (blank) $1,300,000,000 for outstanding liabilities
23    related to fiscal year 2019;
24        (9) (blank) $600,000,000 for outstanding liabilities
25    related to fiscal year 2020; and
26        (10) $0 for outstanding liabilities related to fiscal

 

 

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1    year 2013 2021 and fiscal years thereafter.
2(Source: P.A. 95-331, eff. 8-21-07; 96-928, eff. 6-15-10;
396-958, eff. 7-1-10; 96-1501, eff. 1-25-11.)