97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3284

 

Introduced 2/7/2012, by Sen. James F. Clayborne, Jr.

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 405/20  from Ch. 15, par. 220
30 ILCS 540/3-2

    Amends the State Comptroller Act. Provides that State employee addresses shall not be listed on the State employee list maintained by the Comptroller. Amends the State Prompt Payment Act. In a provision requiring an interest penalty of 1.0% for each month or fraction thereof of any amount approved and unpaid within 90 days, changes "fraction thereof" to "00.0033% (1/30%) for each day". Effective immediately.


LRB097 17817 PJG 63034 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3284LRB097 17817 PJG 63034 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 State Comptroller Act is amended by changing
5Section 20 as follows:
 
6    (15 ILCS 405/20)  (from Ch. 15, par. 220)
7    Sec. 20. Annual report. The comptroller shall annually, as
8soon as possible after the close of the fiscal year but no
9later than December 31, make out and present to the Governor,
10the President of the Senate, the Speaker of the House of
11Representatives, the Minority Leader of the Senate, and the
12Minority Leader of the House of Representatives a report,
13showing the amount of warrants drawn on the treasury, on other
14funds held by the State Treasurer and on any public funds held
15by State agencies, during the preceding fiscal year, and
16stating, particularly, on what account they were drawn, and if
17drawn on the contingent fund, to whom and for what they were
18issued. He or she shall, also, at the same time, report to the
19Governor, the President of the Senate, the Speaker of the House
20of Representatives, the Minority Leader of the Senate, and the
21Minority Leader of the House of Representatives the amount of
22money received into the treasury, into other funds held by the
23State Treasurer and into any other funds held by State agencies

 

 

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1during the preceding fiscal year, and stating particularly, the
2source from which the same may be derived, and also a general
3account of all the business of his office during the preceding
4fiscal year. The report shall also summarize for the previous
5fiscal year the information required under Section 19.
6    Within 60 days after the expiration of each calendar year,
7the comptroller shall compile, from records maintained and
8available in his office, a list of all persons including those
9employed in the office of the comptroller, who have been
10employed by the State during the past calendar year and paid
11from funds in the hands of the State Treasurer.
12    The list shall be arranged according to counties and shall
13state in alphabetical order the name of each employee and , the
14address in the county in which he votes, except as specified
15below, the position and the total salary paid to him or her
16during the past calendar year. For all persons employed by the
17State, persons employed by the Department of Corrections,
18Department of Children and Family Services and the Department
19of State Police no address shall be listed. The list so
20compiled and arranged shall be kept on file in the office of
21the comptroller and be open to inspection by the public at all
22times.
23    No person who utilizes the names obtained from this list
24for solicitation shall represent that such solicitation is
25authorized by any officer or agency of the State of Illinois.
26Violation of this provision is a Business Offense punishable by

 

 

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1a fine not to exceed $3,000.
2(Source: P.A. 86-1003.)
 
3    Section 10. The State Prompt Payment Act is amended by
4changing Section 3-2 as follows:
 
5    (30 ILCS 540/3-2)
6    Sec. 3-2. Beginning July 1, 1993, in any instance where a
7State official or agency is late in payment of a vendor's bill
8or invoice for goods or services furnished to the State, as
9defined in Section 1, properly approved in accordance with
10rules promulgated under Section 3-3, the State official or
11agency shall pay interest to the vendor in accordance with the
12following:
13        (1) Any bill, except a bill submitted under Article V
14    of the Illinois Public Aid Code and except as provided
15    under paragraph (1.05) of this Section, approved for
16    payment under this Section must be paid or the payment
17    issued to the payee within 60 days of receipt of a proper
18    bill or invoice. If payment is not issued to the payee
19    within this 60-day period, an interest penalty of 1.0% of
20    any amount approved and unpaid shall be added for each
21    month or fraction thereof after the end of this 60-day
22    period, until final payment is made. Any bill, except a
23    bill for pharmacy or nursing facility services or goods,
24    and except as provided under paragraph (1.05) 1.05 of this

 

 

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1    Section, submitted under Article V of the Illinois Public
2    Aid Code approved for payment under this Section must be
3    paid or the payment issued to the payee within 60 days
4    after receipt of a proper bill or invoice, and, if payment
5    is not issued to the payee within this 60-day period, an
6    interest penalty of 2.0% of any amount approved and unpaid
7    shall be added for each month or fraction thereof after the
8    end of this 60-day period, until final payment is made. Any
9    bill for pharmacy or nursing facility services or goods
10    submitted under Article V of the Illinois Public Aid Code,
11    except as provided under paragraph (1.05) of this Section,
12    and approved for payment under this Section must be paid or
13    the payment issued to the payee within 60 days of receipt
14    of a proper bill or invoice. If payment is not issued to
15    the payee within this 60-day period, an interest penalty of
16    1.0% of any amount approved and unpaid shall be added for
17    each month or fraction thereof after the end of this 60-day
18    period, until final payment is made.
19        (1.05) For State fiscal year 2012 and future fiscal
20    years, any bill approved for payment under this Section
21    must be paid or the payment issued to the payee within 90
22    days of receipt of a proper bill or invoice. If payment is
23    not issued to the payee within this 90-day period, an
24    interest penalty of 1.0% of any amount approved and unpaid
25    shall be added for each month, or 00.0033% (1/30%) of any
26    amount approved and unpaid for each day, fraction thereof

 

 

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

 

 

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

 

 

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1    (iii) made (A) by pharmacies for prescriptive services or
2    (B) by any federally qualified health center for
3    prescriptive services or any other services.    
4    (Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;
596-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff.
61-25-11; 96-1530, eff. 2-16-11; 97-72, eff. 7-1-11; 97-74, eff.
76-30-11; 97-348, eff. 8-12-11; revised 9-7-11.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.