101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4426

 

Introduced 2/3/2020, by Rep. John Connor

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 340/3  from Ch. 15, par. 503
5 ILCS 340/5  from Ch. 15, par. 505
5 ILCS 340/7  from Ch. 15, par. 507
15 ILCS 405/17  from Ch. 15, par. 217
30 ILCS 105/25  from Ch. 127, par. 161
30 ILCS 105/11.5 rep.
30 ILCS 500/20-80
30 ILCS 540/9
35 ILCS 200/30-31

    Amends the Voluntary Payroll Deductions Act of 1983. Requires the Comptroller (rather than the Governor) to perform specified duties concerning the designation of organizations qualified to receive payroll deductions and the creation of an Advisory Committee under the Act. Amends the State Comptroller Act. Removes a provision requiring the Department of Central Management Services to transmit to the Comptroller a certified copy of all reports it may issue concerning State property. Amends the State Finance Act. Makes changes concerning fiscal year limitations. Repeals provisions concerning contracts signed by State agencies with procurement authority. Amends the Illinois Procurement Code. Makes changes concerning the filing of contracts with the Comptroller. Amends the State Prompt Payment Act. Requires specified information under the Vendor Payment Program to be disclosed on August 1 of each year (currently, July 1 of each year) for the previous fiscal year. Amends the Property Tax Code. Requires the State Comptroller to make available on the Comptroller's website a Fiscal Responsibility Report Card (currently, submit to the General Assembly and the clerk of each county a Fiscal Responsibility Report Card). Makes other changes. Effective immediately.


LRB101 18833 RJF 68290 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4426LRB101 18833 RJF 68290 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Voluntary Payroll Deductions Act of 1983 is
5amended by changing Sections 3, 5, and 7 as follows:
 
6    (5 ILCS 340/3)  (from Ch. 15, par. 503)
7    Sec. 3. Definitions. As used in this Act unless the context
8otherwise requires:
9    (a) "Employee" means any regular officer or employee who
10receives salary or wages for personal services rendered to the
11State of Illinois, and includes an individual hired as an
12employee by contract with that individual.
13    (b) "Qualified organization" means an organization
14representing one or more benefiting agencies, which
15organization is designated by the State Comptroller as
16qualified to receive payroll deductions under this Act. An
17organization desiring to be designated as a qualified
18organization shall:
19        (1) Submit written or electronic designations on forms
20    approved by the State Comptroller by 500 or more employees
21    or State annuitants, in which such employees or State
22    annuitants indicate that the organization is one for which
23    the employee or State annuitant intends to authorize

 

 

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1    withholding. The forms shall require the name, last 4
2    digits only of the social security number, and employing
3    State agency for each employee. Upon notification by the
4    Comptroller that such forms have been approved, the
5    organization shall, within 30 days, notify in writing the
6    Comptroller Governor or his or her designee of its
7    intention to obtain the required number of designations.
8    Such organization shall have 12 months from that date to
9    obtain the necessary designations and return to the State
10    Comptroller's office the completed designations, which
11    shall be subject to verification procedures established by
12    the State Comptroller;
13        (2) Certify that all benefiting agencies are tax exempt
14    under Section 501(c)(3) of the Internal Revenue Code;
15        (3) Certify that all benefiting agencies are in
16    compliance with the Illinois Human Rights Act;
17        (4) Certify that all benefiting agencies are in
18    compliance with the Charitable Trust Act and the
19    Solicitation for Charity Act;
20        (5) Certify that all benefiting agencies actively
21    conduct health or welfare programs and provide services to
22    individuals directed at one or more of the following common
23    human needs within a community: service, research, and
24    education in the health fields; family and child care
25    services; protective services for children and adults;
26    services for children and adults in foster care; services

 

 

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1    related to the management and maintenance of the home; day
2    care services for adults; transportation services;
3    information, referral and counseling services; services to
4    eliminate illiteracy; the preparation and delivery of
5    meals; adoption services; emergency shelter care and
6    relief services; disaster relief services; safety
7    services; neighborhood and community organization
8    services; recreation services; social adjustment and
9    rehabilitation services; health support services; or a
10    combination of such services designed to meet the special
11    needs of specific groups, such as children and youth, the
12    ill and infirm, and persons with physical disabilities; and
13    that all such benefiting agencies provide the above
14    described services to individuals and their families in the
15    community and surrounding area in which the organization
16    conducts its fund drive, or that such benefiting agencies
17    provide relief to victims of natural disasters and other
18    emergencies on a where and as needed basis;
19        (6) Certify that the organization has disclosed the
20    percentage of the organization's total collected receipts
21    from employees or State annuitants that are distributed to
22    the benefiting agencies and the percentage of the
23    organization's total collected receipts from employees or
24    State annuitants that are expended for fund-raising and
25    overhead costs. These percentages shall be the same
26    percentage figures annually disclosed by the organization

 

 

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1    to the Attorney General. The disclosure shall be made to
2    all solicited employees and State annuitants and shall be
3    in the form of a factual statement on all petitions and in
4    the campaign's brochures for employees and State
5    annuitants;
6        (7) Certify that all benefiting agencies receiving
7    funds which the employee or State annuitant has requested
8    or designated for distribution to a particular community
9    and surrounding area use a majority of such funds
10    distributed for services in the actual provision of
11    services in that community and surrounding area;
12        (8) Certify that neither it nor its member
13    organizations will solicit State employees for
14    contributions at their workplace, except pursuant to this
15    Act and the rules promulgated thereunder. Each qualified
16    organization, and each participating United Fund, is
17    encouraged to cooperate with all others and with all State
18    agencies and educational institutions so as to simplify
19    procedures, to resolve differences and to minimize costs;
20        (9) Certify that it will pay its share of the campaign
21    costs and will comply with the Code of Campaign Conduct as
22    approved by the Comptroller Governor or other agency as
23    designated by the Comptroller Governor; and
24        (10) Certify that it maintains a year-round office, the
25    telephone number, and person responsible for the
26    operations of the organization in Illinois. That

 

 

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1    information shall be provided to the State Comptroller at
2    the time the organization is seeking participation under
3    this Act.
4    Each qualified organization shall submit to the State
5Comptroller between January 1 and March 1 of each year, a
6statement that the organization is in compliance with all of
7the requirements set forth in paragraphs (2) through (10). The
8State Comptroller shall exclude any organization that fails to
9submit the statement from the next solicitation period.
10    In order to be designated as a qualified organization, the
11organization shall have existed at least 2 years prior to
12submitting the written or electronic designation forms
13required in paragraph (1) and shall certify to the State
14Comptroller that such organization has been providing services
15described in paragraph (5) in Illinois. If the organization
16seeking designation represents more than one benefiting
17agency, it need not have existed for 2 years but shall certify
18to the State Comptroller that each of its benefiting agencies
19has existed for at least 2 years prior to submitting the
20written or electronic designation forms required in paragraph
21(1) and that each has been providing services described in
22paragraph (5) in Illinois.
23    Organizations which have met the requirements of this Act
24shall be permitted to participate in the State and Universities
25Combined Appeal as of January 1st of the year immediately
26following their approval by the Comptroller.

 

 

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1    Where the certifications described in paragraphs (2), (3),
2(4), (5), (6), (7), (8), (9), and (10) above are made by an
3organization representing more than one benefiting agency they
4shall be based upon the knowledge and belief of such qualified
5organization. Any qualified organization shall immediately
6notify the State Comptroller in writing if the qualified
7organization receives information or otherwise believes that a
8benefiting agency is no longer in compliance with the
9certification of the qualified organization. A qualified
10organization representing more than one benefiting agency
11shall thereafter withhold and refrain from distributing to such
12benefiting agency those funds received pursuant to this Act
13until the benefiting agency is again in compliance with the
14qualified organization's certification. The qualified
15organization shall immediately notify the State Comptroller of
16the benefiting agency's resumed compliance with the
17certification, based upon the qualified organization's
18knowledge and belief, and shall pay over to the benefiting
19agency those funds previously withheld.
20    In order to qualify, a qualified organization must receive
21250 deduction pledges from the immediately preceding
22solicitation period as set forth in Section 6. The Comptroller
23shall, by February 1st of each year, so notify any qualified
24organization that failed to receive the minimum deduction
25requirement. The notification shall give such qualified
26organization until March 1st to provide the Comptroller with

 

 

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1documentation that the minimum deduction requirement has been
2met. On the basis of all the documentation, the Comptroller
3shall, by March 15th of each year, make publicly available
4submit to the Governor or his or her designee, or such other
5agency as may be determined by the Governor, a list of all
6organizations which have met the minimum payroll deduction
7requirement. Only those organizations which have met such
8requirements, as well as the other requirements of this
9Section, shall be permitted to solicit State employees or State
10annuitants for voluntary contributions, and the Comptroller
11shall discontinue withholding for any such organization which
12fails to meet these requirements, except qualified
13organizations that received deduction pledges during the 2004
14solicitation period are deemed to be qualified for the 2005
15solicitation period.
16    (c) "United Fund" means the organization conducting the
17single, annual, consolidated effort to secure funds for
18distribution to agencies engaged in charitable and public
19health, welfare and services purposes, which is commonly known
20as the United Fund, or the organization which serves in place
21of the United Fund organization in communities where an
22organization known as the United Fund is not organized.
23    In order for a United Fund to participate in the State and
24Universities Employees Combined Appeal, it shall comply with
25the provisions of paragraph (9) of subsection (b).
26    (d) "State and Universities Employees Combined Appeal",

 

 

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1otherwise known as "SECA", means the State-directed joint
2effort of all of the qualified organizations, together with the
3United Funds, for the solicitation of voluntary contributions
4from State and University employees and State annuitants.
5    (e) "Retirement system" means any or all of the following:
6the General Assembly Retirement System, the State Employees'
7Retirement System of Illinois, the State Universities
8Retirement System, the Teachers' Retirement System of the State
9of Illinois, and the Judges Retirement System.
10    (f) "State annuitant" means a person receiving an annuity
11or disability benefit under Article 2, 14, 15, 16, or 18 of the
12Illinois Pension Code.
13(Source: P.A. 99-143, eff. 7-27-15.)
 
14    (5 ILCS 340/5)  (from Ch. 15, par. 505)
15    Sec. 5. Rules; Advisory Committee. The State Comptroller
16shall promulgate and issue reasonable rules and regulations as
17deemed necessary for the administration of this Act.
18    All However, all solicitations of State employees for
19contributions at their workplace and all solicitations of State
20annuitants for contributions shall be in accordance with rules
21promulgated by the Comptroller Governor or his or her designee
22or other agency as may be designated by the Comptroller
23Governor. All solicitations of State annuitants for
24contributions shall also be in accordance with the rules
25promulgated by the applicable retirement system.

 

 

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1    The rules promulgated by the Comptroller Governor or his or
2her designee or other agency as designated by the Comptroller
3Governor shall include a Code of Campaign Conduct that all
4qualified organizations and United Funds shall subscribe to in
5writing, sanctions for violations of the Code of Campaign
6Conduct, provision for the handling of cash contributions,
7provision for an Advisory Committee, provisions for the
8allocation of expenses among the participating organizations,
9an organizational plan and structure whereby responsibilities
10are set forth for the appropriate State employees or State
11annuitants and the participating organizations, and any other
12matters that are necessary to accomplish the purposes of this
13Act.
14    The Comptroller Governor or the Comptroller's Governor's
15designee shall promulgate rules to establish the composition
16and the duties of the Advisory Committee. The Comptroller
17Governor or the Comptroller's Governor's designee shall make
18appointments to the Advisory Committee. The powers of the
19Advisory Committee shall include, at a minimum, the ability to
20impose the sanctions authorized by rule. Each State agency and
21each retirement system shall file an annual report that sets
22forth, for the prior calendar year, (i) the total amount of
23money contributed to each qualified organization and united
24fund through both payroll deductions and cash contributions,
25(ii) the number of employees or State annuitants who have
26contributed to each qualified organization and united fund, and

 

 

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1(iii) any other information required by the rules. The report
2shall not include the names of any contributing or
3non-contributing employees or State annuitants. The report
4shall be filed with the Advisory Committee no later than March
515. The report shall be available for inspection.
6    Other constitutional officers, retirement systems, the
7University of Illinois, Southern Illinois University, Chicago
8State University, Eastern Illinois University, Governors State
9University, Illinois State University, Northeastern Illinois
10University, Northern Illinois University, and Western Illinois
11University shall be governed by the rules promulgated pursuant
12to this Section, unless such entities adopt their own rules
13governing solicitation of contributions at the workplace.
14    All rules promulgated pursuant to this Section shall not
15discriminate against one or more qualified organizations or
16United Funds.
17(Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
 
18    (5 ILCS 340/7)  (from Ch. 15, par. 507)
19    Sec. 7. Notwithstanding any other provision of this Act, a
20participating organization or a United Fund may be denied
21participation in SECA for willful failure to comply with the
22provisions of paragraph (9) of subsection (b) of Section 3 of
23this Act. The agency designated by the Comptroller Governor
24under paragraph (9) of subsection (b) of Section 3 of this Act
25shall adopt rules providing for procedures for review by the

 

 

HB4426- 11 -LRB101 18833 RJF 68290 b

1agency of alleged violations of that paragraph and appropriate
2remedial sanctions for noncompliance. The rules shall include
3an appeal procedure for any affected participating
4organization or United Fund. The agency designated by the
5Comptroller Governor shall notify the Comptroller immediately
6of any final decision to remove a qualified organization or
7United Fund from participation in SECA.
8(Source: P.A. 91-357, eff. 7-29-99.)
 
9    Section 10. The State Comptroller Act is amended by
10changing Section 17 as follows:
 
11    (15 ILCS 405/17)  (from Ch. 15, par. 217)
12    Sec. 17. Inventory control records. The comptroller shall
13maintain current inventory records of property held by or on
14behalf of the State or any State agency, which may be copies of
15the official inventory control records maintained by State
16agencies or summaries thereof. The Office of the Comptroller
17shall define reporting requirements and thresholds to be used
18by State agencies in the Comptroller's Statewide Accounting
19Management System (SAMS) manual. The Department of Central
20Management Services and each other State agency so holding such
21property shall report to the comptroller, on forms prescribed
22by the comptroller, all property acquired or disposed of by
23that agency, in such detail and at such times as the
24comptroller requires, by rule, to maintain accurate, current

 

 

HB4426- 12 -LRB101 18833 RJF 68290 b

1inventory records. The Department of Central Management
2Services shall transmit to the comptroller a certified copy of
3all reports it may issue concerning State property, including
4its annual report.
5(Source: P.A. 98-904, eff. 8-15-14.)
 
6    Section 15. The State Finance Act is amended by changing
7Section 25 as follows:
 
8    (30 ILCS 105/25)  (from Ch. 127, par. 161)
9    Sec. 25. Fiscal year limitations.
10    (a) All appropriations shall be available for expenditure
11for the fiscal year or for a lesser period if the Act making
12that appropriation so specifies. A deficiency or emergency
13appropriation shall be available for expenditure only through
14June 30 of the year when the Act making that appropriation is
15enacted unless that Act otherwise provides.
16    (b) Outstanding liabilities as of June 30, payable from
17appropriations which have otherwise expired, may be paid out of
18the expiring appropriations during the 2-month period ending at
19the close of business on August 31. Extensions of lapse period
20may be made for individual agencies or funds only upon the
21signed authorization of the Governor and Comptroller, and shall
22not be extended by more than an additional 30 days. Any service
23involving professional or artistic skills or any personal
24services by an employee whose compensation is subject to income

 

 

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1tax withholding must be performed as of June 30 of the fiscal
2year in order to be considered an "outstanding liability as of
3June 30" that is thereby eligible for payment out of the
4expiring appropriation.
5    (b-1) However, payment of tuition reimbursement claims
6under Section 14-7.03 or 18-3 of the School Code may be made by
7the State Board of Education from its appropriations for those
8respective purposes for any fiscal year, even though the claims
9reimbursed by the payment may be claims attributable to a prior
10fiscal year, and payments may be made at the direction of the
11State Superintendent of Education from the fund from which the
12appropriation is made without regard to any fiscal year
13limitations, except as required by subsection (j) of this
14Section. Beginning on June 30, 2021, payment of tuition
15reimbursement claims under Section 14-7.03 or 18-3 of the
16School Code as of June 30, payable from appropriations that
17have otherwise expired, may be paid out of the expiring
18appropriation during the 4-month period ending at the close of
19business on October 31.
20    (b-2) (Blank).
21    (b-2.5) (Blank).
22    (b-2.6) (Blank).
23    (b-2.6a) (Blank).
24    (b-2.6b) (Blank).
25    (b-2.6c) All outstanding liabilities as of June 30, 2019,
26payable from appropriations that would otherwise expire at the

 

 

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1conclusion of the lapse period for fiscal year 2019, and
2interest penalties payable on those liabilities under the State
3Prompt Payment Act, may be paid out of the expiring
4appropriations until December 31, 2019, without regard to the
5fiscal year in which the payment is made, as long as vouchers
6for the liabilities are received by the Comptroller no later
7than October 31, 2019.
8    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, and
92020, interest penalties payable under the State Prompt Payment
10Act associated with a voucher for which payment is issued after
11June 30 may be paid out of the next fiscal year's
12appropriation. The future year appropriation must be for the
13same purpose and from the same fund as the original payment. An
14interest penalty voucher submitted against a future year
15appropriation must be submitted within 60 days after the
16issuance of the associated voucher, except that, for fiscal
17year 2018 only, an interest penalty voucher submitted against a
18future year appropriation must be submitted within 60 days of
19June 5, 2019 (the effective date of Public Act 101-10) this
20amendatory Act of the 101st General Assembly. The Comptroller
21must issue the interest payment within 60 days after acceptance
22of the interest voucher.
23    (b-3) Medical payments may be made by the Department of
24Veterans' Affairs from its appropriations for those purposes
25for any fiscal year, without regard to the fact that the
26medical services being compensated for by such payment may have

 

 

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

 

 

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1abuse treatment services for any fiscal year, without regard to
2the fact that the medical services being compensated for by
3such payment may have been rendered in a prior fiscal year,
4provided the payments are made on a fee-for-service basis
5consistent with requirements established for Medicaid
6reimbursement by the Department of Healthcare and Family
7Services, except as required by subsection (j) of this Section.
8Beginning on June 30, 2021, medical payments made by the
9Department of Human Services relating to substance abuse
10treatment services payable from appropriations that have
11otherwise expired may be paid out of the expiring appropriation
12during the 4-month period ending at the close of business on
13October 31.
14    (b-6) (Blank).
15    (b-7) Payments may be made in accordance with a plan
16authorized by paragraph (11) or (12) of Section 405-105 of the
17Department of Central Management Services Law from
18appropriations for those payments without regard to fiscal year
19limitations.
20    (b-8) Reimbursements to eligible airport sponsors for the
21construction or upgrading of Automated Weather Observation
22Systems may be made by the Department of Transportation from
23appropriations for those purposes for any fiscal year, without
24regard to the fact that the qualification or obligation may
25have occurred in a prior fiscal year, provided that at the time
26the expenditure was made the project had been approved by the

 

 

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1Department of Transportation prior to June 1, 2012 and, as a
2result of recent changes in federal funding formulas, can no
3longer receive federal reimbursement.
4    (b-9) (Blank).
5    (c) Further, payments may be made by the Department of
6Public Health and the Department of Human Services (acting as
7successor to the Department of Public Health under the
8Department of Human Services Act) from their respective
9appropriations for grants for medical care to or on behalf of
10premature and high-mortality risk infants and their mothers and
11for grants for supplemental food supplies provided under the
12United States Department of Agriculture Women, Infants and
13Children Nutrition Program, for any fiscal year without regard
14to the fact that the services being compensated for by such
15payment may have been rendered in a prior fiscal year, except
16as required by subsection (j) of this Section. Beginning on
17June 30, 2021, payments made by the Department of Public Health
18and the Department of Human Services from their respective
19appropriations for grants for medical care to or on behalf of
20premature and high-mortality risk infants and their mothers and
21for grants for supplemental food supplies provided under the
22United States Department of Agriculture Women, Infants and
23Children Nutrition Program payable from appropriations that
24have otherwise expired may be paid out of the expiring
25appropriations during the 4-month period ending at the close of
26business on October 31.

 

 

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1    (d) The Department of Public Health and the Department of
2Human Services (acting as successor to the Department of Public
3Health under the Department of Human Services Act) shall each
4annually submit to the State Comptroller, Senate President,
5Senate Minority Leader, Speaker of the House, House Minority
6Leader, and the respective Chairmen and Minority Spokesmen of
7the Appropriations Committees of the Senate and the House, on
8or before December 31, a report of fiscal year funds used to
9pay for services provided in any prior fiscal year. This report
10shall document by program or service category those
11expenditures from the most recently completed fiscal year used
12to pay for services provided in prior fiscal years.
13    (e) The Department of Healthcare and Family Services, the
14Department of Human Services (acting as successor to the
15Department of Public Aid), and the Department of Human Services
16making fee-for-service payments relating to substance abuse
17treatment services provided during a previous fiscal year shall
18each annually submit to the State Comptroller, Senate
19President, Senate Minority Leader, Speaker of the House, House
20Minority Leader, the respective Chairmen and Minority
21Spokesmen of the Appropriations Committees of the Senate and
22the House, on or before November 30, a report that shall
23document by program or service category those expenditures from
24the most recently completed fiscal year used to pay for (i)
25services provided in prior fiscal years and (ii) services for
26which claims were received in prior fiscal years.

 

 

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1    (f) The Department of Human Services (as successor to the
2Department of Public Aid) shall annually submit to the State
3Comptroller, Senate President, Senate Minority Leader, Speaker
4of the House, House Minority Leader, and the respective
5Chairmen and Minority Spokesmen of the Appropriations
6Committees of the Senate and the House, on or before December
731, a report of fiscal year funds used to pay for services
8(other than medical care) provided in any prior fiscal year.
9This report shall document by program or service category those
10expenditures from the most recently completed fiscal year used
11to pay for services provided in prior fiscal years.
12    (g) In addition, each annual report required to be
13submitted by the Department of Healthcare and Family Services
14under subsection (e) shall include the following information
15with respect to the State's Medicaid program:
16        (1) Explanations of the exact causes of the variance
17    between the previous year's estimated and actual
18    liabilities.
19        (2) Factors affecting the Department of Healthcare and
20    Family Services' liabilities, including, but not limited
21    to, numbers of aid recipients, levels of medical service
22    utilization by aid recipients, and inflation in the cost of
23    medical services.
24        (3) The results of the Department's efforts to combat
25    fraud and abuse.
26    (h) As provided in Section 4 of the General Assembly

 

 

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1Compensation Act, any utility bill for service provided to a
2General Assembly member's district office for a period
3including portions of 2 consecutive fiscal years may be paid
4from funds appropriated for such expenditure in either fiscal
5year.
6    (i) An agency which administers a fund classified by the
7Comptroller as an internal service fund may issue rules for:
8        (1) billing user agencies in advance for payments or
9    authorized inter-fund transfers based on estimated charges
10    for goods or services;
11        (2) issuing credits, refunding through inter-fund
12    transfers, or reducing future inter-fund transfers during
13    the subsequent fiscal year for all user agency payments or
14    authorized inter-fund transfers received during the prior
15    fiscal year which were in excess of the final amounts owed
16    by the user agency for that period; and
17        (3) issuing catch-up billings to user agencies during
18    the subsequent fiscal year for amounts remaining due when
19    payments or authorized inter-fund transfers received from
20    the user agency during the prior fiscal year were less than
21    the total amount owed for that period.
22User agencies are authorized to reimburse internal service
23funds for catch-up billings by vouchers drawn against their
24respective appropriations for the fiscal year in which the
25catch-up billing was issued or by increasing an authorized
26inter-fund transfer during the current fiscal year. For the

 

 

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1purposes of this Act, "inter-fund transfers" means transfers
2without the use of the voucher-warrant process, as authorized
3by Section 9.01 of the State Comptroller Act.
4    (i-1) Beginning on July 1, 2021, all outstanding
5liabilities, not payable during the 4-month lapse period as
6described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
7(c) of this Section, that are made from appropriations for that
8purpose for any fiscal year, without regard to the fact that
9the services being compensated for by those payments may have
10been rendered in a prior fiscal year, are limited to only those
11claims that have been incurred but for which a proper bill or
12invoice as defined by the State Prompt Payment Act has not been
13received by September 30th following the end of the fiscal year
14in which the service was rendered.
15    (j) Notwithstanding any other provision of this Act, the
16aggregate amount of payments to be made without regard for
17fiscal year limitations as contained in subsections (b-1),
18(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
19determined by using Generally Accepted Accounting Principles,
20shall not exceed the following amounts:
21        (1) $6,000,000,000 for outstanding liabilities related
22    to fiscal year 2012;
23        (2) $5,300,000,000 for outstanding liabilities related
24    to fiscal year 2013;
25        (3) $4,600,000,000 for outstanding liabilities related
26    to fiscal year 2014;

 

 

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1        (4) $4,000,000,000 for outstanding liabilities related
2    to fiscal year 2015;
3        (5) $3,300,000,000 for outstanding liabilities related
4    to fiscal year 2016;
5        (6) $2,600,000,000 for outstanding liabilities related
6    to fiscal year 2017;
7        (7) $2,000,000,000 for outstanding liabilities related
8    to fiscal year 2018;
9        (8) $1,300,000,000 for outstanding liabilities related
10    to fiscal year 2019;
11        (9) $600,000,000 for outstanding liabilities related
12    to fiscal year 2020; and
13        (10) $0 for outstanding liabilities related to fiscal
14    year 2021 and fiscal years thereafter.
15    (k) Department of Healthcare and Family Services Medical
16Assistance Payments.
17        (1) Definition of Medical Assistance.
18            For purposes of this subsection, the term "Medical
19        Assistance" shall include, but not necessarily be
20        limited to, medical programs and services authorized
21        under Titles XIX and XXI of the Social Security Act,
22        the Illinois Public Aid Code, the Children's Health
23        Insurance Program Act, the Covering ALL KIDS Health
24        Insurance Act, the Long Term Acute Care Hospital
25        Quality Improvement Transfer Program Act, and medical
26        care to or on behalf of persons suffering from chronic

 

 

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1        renal disease, persons suffering from hemophilia, and
2        victims of sexual assault.
3        (2) Limitations on Medical Assistance payments that
4    may be paid from future fiscal year appropriations.
5            (A) The maximum amounts of annual unpaid Medical
6        Assistance bills received and recorded by the
7        Department of Healthcare and Family Services on or
8        before June 30th of a particular fiscal year
9        attributable in aggregate to the General Revenue Fund,
10        Healthcare Provider Relief Fund, Tobacco Settlement
11        Recovery Fund, Long-Term Care Provider Fund, and the
12        Drug Rebate Fund that may be paid in total by the
13        Department from future fiscal year Medical Assistance
14        appropriations to those funds are: $700,000,000 for
15        fiscal year 2013 and $100,000,000 for fiscal year 2014
16        and each fiscal year thereafter.
17            (B) Bills for Medical Assistance services rendered
18        in a particular fiscal year, but received and recorded
19        by the Department of Healthcare and Family Services
20        after June 30th of that fiscal year, may be paid from
21        either appropriations for that fiscal year or future
22        fiscal year appropriations for Medical Assistance.
23        Such payments shall not be subject to the requirements
24        of subparagraph (A).
25            (C) Medical Assistance bills received by the
26        Department of Healthcare and Family Services in a

 

 

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1        particular fiscal year, but subject to payment amount
2        adjustments in a future fiscal year may be paid from a
3        future fiscal year's appropriation for Medical
4        Assistance. Such payments shall not be subject to the
5        requirements of subparagraph (A).
6            (D) Medical Assistance payments made by the
7        Department of Healthcare and Family Services from
8        funds other than those specifically referenced in
9        subparagraph (A) may be made from appropriations for
10        those purposes for any fiscal year without regard to
11        the fact that the Medical Assistance services being
12        compensated for by such payment may have been rendered
13        in a prior fiscal year. Such payments shall not be
14        subject to the requirements of subparagraph (A).
15        (3) Extended lapse period for Department of Healthcare
16    and Family Services Medical Assistance payments.
17    Notwithstanding any other State law to the contrary,
18    outstanding Department of Healthcare and Family Services
19    Medical Assistance liabilities, as of June 30th, payable
20    from appropriations which have otherwise expired, may be
21    paid out of the expiring appropriations during the 4-month
22    6-month period ending at the close of business on October
23    December 31st. Extensions of Healthcare and Family
24    Services Medical Assistance payments lapse period may be
25    made upon the signed authorization of the Governor and
26    Comptroller, and shall not be extended by more than an

 

 

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1    additional 30 days.
2    (l) The changes to this Section made by Public Act 97-691
3shall be effective for payment of Medical Assistance bills
4incurred in fiscal year 2013 and future fiscal years. The
5changes to this Section made by Public Act 97-691 shall not be
6applied to Medical Assistance bills incurred in fiscal year
72012 or prior fiscal years.
8    (m) 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. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
15101-10, eff. 6-5-19; 101-275, eff. 8-9-19; revised 9-12-19.)
 
16    (30 ILCS 105/11.5 rep.)
17    Section 20. The State Finance Act is amended by repealing
18Section 11.5.
 
19    Section 25. The Illinois Procurement Code is amended by
20changing Section 20-80 as follows:
 
21    (30 ILCS 500/20-80)
22    Sec. 20-80. Contract files.
23    (a) Written determinations. All written determinations

 

 

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1required under this Article shall be placed in the contract
2file maintained by the chief procurement officer.
3    (b) Filing with Comptroller. Whenever a grant, defined
4pursuant to accounting standards established by the
5Comptroller, or a contract liability, except for: (1) contracts
6paid from personal services, or (2) contracts between the State
7and its employees to defer compensation in accordance with
8Article 24 of the Illinois Pension Code, or (3) contracts that
9do not obligate funds held within the State treasury for fiscal
10year 2021 and thereafter, exceeding $20,000 is incurred by any
11State agency, a copy of the contract, purchase order, grant, or
12lease shall be filed with the Comptroller within 30 calendar
13days thereafter. Beginning in fiscal year 2021, information
14pertaining to contracts exceeding $20,000 that do not obligate
15funds held within the State treasury shall be submitted in a
16quarterly report to the Comptroller in a form and manner
17prescribed by the Comptroller. The Comptroller shall make the
18quarterly report available on his or her website. Beginning
19January 1, 2013, the Comptroller may require that contracts and
20grants required to be filed with the Comptroller under this
21Section shall be filed electronically, unless the agency is
22incapable of filing the contract or grant electronically
23because it does not possess the necessary technology or
24equipment. Any State agency that is incapable of electronically
25filing its contracts or grants shall submit a written statement
26to the Governor and to the Comptroller attesting to the reasons

 

 

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1for its inability to comply. This statement shall include a
2discussion of what the State agency needs in order to
3effectively comply with this Section. Prior to requiring
4electronic filing, the Comptroller shall consult with the
5Governor as to the feasibility of establishing mutually
6agreeable technical standards for the electronic document
7imaging, storage, and transfer of contracts and grants, taking
8into consideration the technology available to that agency,
9best practices, and the technological capabilities of State
10agencies. Nothing in this amendatory Act of the 97th General
11Assembly shall be construed to impede the implementation of an
12Enterprise Resource Planning (ERP) system. For each State
13contract for supplies or services awarded on or after July 1,
142010, the contracting agency shall provide the applicable rate
15and unit of measurement of the supplies or services on the
16contract obligation document as required by the Comptroller. If
17the contract obligation document that is submitted to the
18Comptroller contains the rate and unit of measurement of the
19supplies or services, the Comptroller shall provide that
20information on his or her official website. Any cancellation or
21modification to any such contract liability shall be filed with
22the Comptroller within 30 calendar days of its execution.
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 calendar days of execution, the
26Comptroller shall refuse to issue a warrant for payment

 

 

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1thereunder until the agency files with the Comptroller the
2contract, purchase order, grant, or lease and an affidavit,
3signed by the chief executive officer of the agency or his or
4her designee, setting forth an explanation of why the contract
5liability was not filed within 30 calendar days of execution. A
6copy of this affidavit shall be filed with the Auditor General.
7    (d) Timely execution of contracts. Except as set forth in
8subsection (b) of this Section, no voucher shall be submitted
9to the Comptroller for a warrant to be drawn for the payment of
10money from the State treasury or from other funds held by the
11State Treasurer on account of any contract unless the contract
12is reduced to writing before the services are performed and
13filed with the Comptroller. Contractors shall not be paid for
14any supplies that were received or services that were rendered
15before the contract was reduced to writing and signed by all
16necessary parties. A chief procurement officer may request an
17exception to this subsection by submitting a written statement
18to the Comptroller and Treasurer setting forth the
19circumstances and reasons why the contract could not be reduced
20to writing before the supplies were received or services were
21performed. A waiver of this subsection must be approved by the
22Comptroller and Treasurer. This Section shall not apply to
23emergency purchases if notice of the emergency purchase is
24filed with the Procurement Policy Board and published in the
25Bulletin as required by this Code.
26    (e) Method of source selection. When a contract is filed

 

 

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1with the Comptroller under this Section, the Comptroller's file
2shall identify the method of source selection used in obtaining
3the contract.
4(Source: P.A. 100-43, eff. 8-9-17.)
 
5    Section 30. The State Prompt Payment Act is amended by
6changing Section 9 as follows:
 
7    (30 ILCS 540/9)
8    Sec. 9. Vendor Payment Program financial backer
9disclosure.
10    (a) Within 60 days after August 24, 2018 (the effective
11date of Public Act 100-1089) this amendatory Act of the 100th
12General Assembly, at the time of application, and annually on
13August July 1 of each year for the previous fiscal year, each
14qualified purchaser shall submit to the Department and the
15State Comptroller the following information about each person,
16director, owner, officer, association, financial backer,
17partnership, other entity, corporation, or trust with an
18indirect or direct financial interest in each qualified
19purchaser:
20        (1) percent ownership;
21        (2) type of ownership;
22        (3) first name, middle name, last name, maiden name (if
23    applicable), including aliases or former names;
24        (4) mailing address;

 

 

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1        (5) type of business entity, if applicable;
2        (6) dates and jurisdiction of business formation or
3    incorporation, if applicable;
4        (7) names of controlling shareholders, class of stock,
5    percentage ownership;
6        (8) any indirect earnings resulting from the Program;
7    and
8        (9) any earnings associated with the Program to any
9    parties not previously disclosed.
10    (b) Within 60 days after August 24, 2018 (the effective
11date of Public Act 100-1089) this amendatory Act of the 100th
12General Assembly, at the time of application, and annually on
13August July 1 of each year for the previous fiscal year, each
14trust associated with the qualified purchaser shall submit to
15the Department and the State Comptroller the following
16information:
17        (1) names, addresses, dates of birth, and percentages
18    of interest of all beneficiaries;
19        (2) any indirect earnings resulting from the Program;
20    and
21        (3) any earnings associated with the Program to any
22    parties not previously disclosed.
23    (c) Each qualified purchaser must submit a statement to the
24State Comptroller and the Department of Central Management
25Services disclosing whether such qualified purchaser or any
26related person, director, owner, officer, or financial backer

 

 

HB4426- 31 -LRB101 18833 RJF 68290 b

1has previously or currently retained or contracted with any
2registered lobbyist, lawyer, accountant, or other consultant
3to prepare the disclosure required under this Section.
4(Source: P.A. 100-1089, eff. 8-24-18.)
 
5    Section 35. The Property Tax Code is amended by changing
6Section 30-31 as follows:
 
7    (35 ILCS 200/30-31)
8    Sec. 30-31. Fiscal Responsibility Report Card; State
9Comptroller. The State Comptroller, within 180 days of the
10conclusion of the fiscal year of the State, shall make
11available on the Comptroller's website submit to the General
12Assembly and the clerk of each county a Fiscal Responsibility
13Report Card in the form prescribed by the State Comptroller
14after consultation with other State Constitutional officers
15selected by the State Comptroller. The Fiscal Responsibility
16Report Card shall inform the General Assembly and the county
17clerks about the amounts, sources, and uses of tax revenues
18received and expended by each taxing district, other than a
19school district, that imposes ad valorem taxes.
20(Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.