HB1402 EnrolledLRB098 02610 KMW 32615 b

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, 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-2.5) All outstanding liabilities as of June 30, 2011,
26payable from appropriations that would otherwise expire at the

 

 

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1conclusion of the lapse period for fiscal year 2011, and
2interest penalties payable on those liabilities under the State
3Prompt Payment Act, may be paid out of the expiring
4appropriations until December 31, 2011, 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 August 31, 2011.
8    (b-2.6) All outstanding liabilities as of June 30, 2012,
9payable from appropriations that would otherwise expire at the
10conclusion of the lapse period for fiscal year 2012, and
11interest penalties payable on those liabilities under the State
12Prompt Payment Act, may be paid out of the expiring
13appropriations until December 31, 2012, without regard to the
14fiscal year in which the payment is made, as long as vouchers
15for the liabilities are received by the Comptroller no later
16than August 31, 2012.
17    (b-2.7) (b-2.6) For fiscal years 2012 and 2013, interest
18penalties payable under the State Prompt Payment Act associated
19with a voucher for which payment is issued after June 30 may be
20paid out of the next fiscal year's appropriation. The future
21year appropriation must be for the same purpose and from the
22same fund as the original payment. An interest penalty voucher
23submitted against a future year appropriation must be submitted
24within 60 days after the issuance of the associated voucher,
25and the Comptroller must issue the interest payment within 60
26days after acceptance of the interest voucher.

 

 

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

 

 

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

 

 

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1and Control Fund for purposes authorized pursuant to the
2Immigration Reform and Control Act of 1986 payable from
3appropriations that have otherwise expired may be paid out of
4the expiring appropriation during the 4-month period ending at
5the close of business on October 31.
6    (b-7) Payments may be made in accordance with a plan
7authorized by paragraph (11) or (12) of Section 405-105 of the
8Department of Central Management Services Law from
9appropriations for those payments without regard to fiscal year
10limitations.
11    (b-8) Reimbursements to eligible airport sponsors for the
12construction or upgrading of Automated Weather Observation
13Systems may be made by the Department of Transportation from
14appropriations for those purposes for any fiscal year, without
15regard to the fact that the qualification or obligation may
16have occurred in a prior fiscal year, provided that at the time
17the expenditure was made the project had been approved by the
18Department of Transportation prior to June 1, 2012 and, as a
19result of recent changes in federal funding formulas, can no
20longer receive federal reimbursement.
21    (c) Further, payments may be made by the Department of
22Public Health and the Department of Human Services (acting as
23successor to the Department of Public Health under the
24Department of Human Services Act) from their respective
25appropriations for grants for medical care to or on behalf of
26premature and high-mortality risk infants and their mothers and

 

 

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1for grants for supplemental food supplies provided under the
2United States Department of Agriculture Women, Infants and
3Children Nutrition Program, for any fiscal year without regard
4to the fact that the services being compensated for by such
5payment may have been rendered in a prior fiscal year, except
6as required by subsection (j) of this Section. Beginning on
7June 30, 2021, payments made by the Department of Public Health
8and the Department of Human Services 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 payable from appropriations that
14have otherwise expired may be paid out of the expiring
15appropriations during the 4-month period ending at the close of
16business on October 31.
17    (d) The Department of Public Health and the Department of
18Human Services (acting as successor to the Department of Public
19Health under the Department of Human Services Act) shall each
20annually submit to the State Comptroller, Senate President,
21Senate Minority Leader, Speaker of the House, House Minority
22Leader, and the respective Chairmen and Minority Spokesmen of
23the Appropriations Committees of the Senate and the House, on
24or before December 31, a report of fiscal year funds used to
25pay for services provided in any prior fiscal year. This report
26shall document by program or service category those

 

 

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1expenditures from the most recently completed fiscal year used
2to pay for services provided in prior fiscal years.
3    (e) The Department of Healthcare and Family Services, the
4Department of Human Services (acting as successor to the
5Department of Public Aid), and the Department of Human Services
6making fee-for-service payments relating to substance abuse
7treatment services provided during a previous fiscal year shall
8each annually submit to the State Comptroller, Senate
9President, Senate Minority Leader, Speaker of the House, House
10Minority Leader, the respective Chairmen and Minority
11Spokesmen of the Appropriations Committees of the Senate and
12the House, on or before November 30, a report that shall
13document by program or service category those expenditures from
14the most recently completed fiscal year used to pay for (i)
15services provided in prior fiscal years and (ii) services for
16which claims were received in prior fiscal years.
17    (f) The Department of Human Services (as successor to the
18Department of Public Aid) shall annually submit to the State
19Comptroller, Senate President, Senate Minority Leader, Speaker
20of the House, House Minority Leader, and the respective
21Chairmen and Minority Spokesmen of the Appropriations
22Committees of the Senate and the House, on or before December
2331, a report of fiscal year funds used to pay for services
24(other than medical care) provided in any prior fiscal year.
25This report shall document by program or service category those
26expenditures from the most recently completed fiscal year used

 

 

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

 

 

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

 

 

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1claims that have been incurred but for which a proper bill or
2invoice as defined by the State Prompt Payment Act has not been
3received by September 30th following the end of the fiscal year
4in which the service was rendered.
5    (j) Notwithstanding any other provision of this Act, the
6aggregate amount of payments to be made without regard for
7fiscal year limitations as contained in subsections (b-1),
8(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
9determined by using Generally Accepted Accounting Principles,
10shall not exceed the following amounts:
11        (1) $6,000,000,000 for outstanding liabilities related
12    to fiscal year 2012;
13        (2) $5,300,000,000 for outstanding liabilities related
14    to fiscal year 2013;
15        (3) $4,600,000,000 for outstanding liabilities related
16    to fiscal year 2014;
17        (4) $4,000,000,000 for outstanding liabilities related
18    to fiscal year 2015;
19        (5) $3,300,000,000 for outstanding liabilities related
20    to fiscal year 2016;
21        (6) $2,600,000,000 for outstanding liabilities related
22    to fiscal year 2017;
23        (7) $2,000,000,000 for outstanding liabilities related
24    to fiscal year 2018;
25        (8) $1,300,000,000 for outstanding liabilities related
26    to fiscal year 2019;

 

 

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1        (9) $600,000,000 for outstanding liabilities related
2    to fiscal year 2020; and
3        (10) $0 for outstanding liabilities related to fiscal
4    year 2021 and fiscal years thereafter.
5    (k) Department of Healthcare and Family Services Medical
6Assistance Payments.
7        (1) Definition of Medical Assistance.
8            For purposes of this subsection, the term "Medical
9        Assistance" shall include, but not necessarily be
10        limited to, medical programs and services authorized
11        under Titles XIX and XXI of the Social Security Act,
12        the Illinois Public Aid Code, the Children's Health
13        Insurance Program Act, the Covering ALL KIDS Health
14        Insurance Act, the Long Term Acute Care Hospital
15        Quality Improvement Transfer Program Act, and medical
16        care to or on behalf of persons suffering from chronic
17        renal disease, persons suffering from hemophilia, and
18        victims of sexual assault.
19        (2) Limitations on Medical Assistance payments that
20    may be paid from future fiscal year appropriations.
21            (A) The maximum amounts of annual unpaid Medical
22        Assistance bills received and recorded by the
23        Department of Healthcare and Family Services on or
24        before June 30th of a particular fiscal year
25        attributable in aggregate to the General Revenue Fund,
26        Healthcare Provider Relief Fund, Tobacco Settlement

 

 

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1        Recovery Fund, Long-Term Care Provider Fund, and the
2        Drug Rebate Fund that may be paid in total by the
3        Department from future fiscal year Medical Assistance
4        appropriations to those funds are: $700,000,000 for
5        fiscal year 2013 and $100,000,000 for fiscal year 2014
6        and each fiscal year thereafter.
7            (B) Bills for Medical Assistance services rendered
8        in a particular fiscal year, but received and recorded
9        by the Department of Healthcare and Family Services
10        after June 30th of that fiscal year, may be paid from
11        either appropriations for that fiscal year or future
12        fiscal year appropriations for Medical Assistance.
13        Such payments shall not be subject to the requirements
14        of subparagraph (A).
15            (C) Medical Assistance bills received by the
16        Department of Healthcare and Family Services in a
17        particular fiscal year, but subject to payment amount
18        adjustments in a future fiscal year may be paid from a
19        future fiscal year's appropriation for Medical
20        Assistance. Such payments shall not be subject to the
21        requirements of subparagraph (A).
22            (D) Medical Assistance payments made by the
23        Department of Healthcare and Family Services from
24        funds other than those specifically referenced in
25        subparagraph (A) may be made from appropriations for
26        those purposes for any fiscal year without regard to

 

 

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1        the fact that the Medical Assistance services being
2        compensated for by such payment may have been rendered
3        in a prior fiscal year. Such payments shall not be
4        subject to the requirements of subparagraph (A).
5        (3) Extended lapse period for Department of Healthcare
6    and Family Services Medical Assistance payments.
7    Notwithstanding any other State law to the contrary,
8    outstanding Department of Healthcare and Family Services
9    Medical Assistance liabilities, as of June 30th, payable
10    from appropriations which have otherwise expired, may be
11    paid out of the expiring appropriations during the 6-month
12    period ending at the close of business on December 31st.
13    (l) The changes to this Section made by Public Act 97-691
14this amendatory Act of the 97th General Assembly shall be
15effective for payment of Medical Assistance bills incurred in
16fiscal year 2013 and future fiscal years. The changes to this
17Section made by Public Act 97-691 this amendatory Act of the
1897th General Assembly shall not be applied to Medical
19Assistance bills incurred in fiscal year 2012 or prior fiscal
20years.
21    (m) (k) The Comptroller must issue payments against
22outstanding liabilities that were received prior to the lapse
23period deadlines set forth in this Section as soon thereafter
24as practical, but no payment may be issued after the 4 months
25following the lapse period deadline without the signed
26authorization of the Comptroller and the Governor.

 

 

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1(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10;
296-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff.
38-12-11; 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932,
4eff. 8-10-12; revised 8-23-12.)
 
5    Section 10. The Illinois Aeronautics Act is amended by
6changing Section 34a as follows:
 
7    (620 ILCS 5/34a)  (from Ch. 15 1/2, par. 22.34a)
8    Sec. 34a. Financial assistance under Section 34 may also
9include reimbursement to eligible airport sponsors for the
10construction or upgrading of Automated Weather Observation
11Systems (AWOS) financed in whole or in part by State monies.
12Costs of constructing or upgrading Automated Weather
13Observation Systems prior to the effective date of this
14amendatory Act of the 98th General Assembly are eligible for
15State reimbursements provided that all required State
16procedures were followed at the time the project was approved
17by the Department. Financial assistance under Section 34 may
18also include reimbursements to eligible airport sponsors for
19land acquisition costs directly related to projects financed
20either in whole or in part by federal and State monies, and for
21engineering costs directly related to projects financed in
22whole or in part by State monies; provided, (1) such
23engineering or land acquisition costs were approved by the
24Department prior to the payment of these costs by the airport

 

 

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1sponsor, (2) no State or federal monies have previously been
2expended for such purposes on such projects, and (3) no State
3monies shall be expended as reimbursement on any project for
4engineering or land acquisition unless construction costs for
5that project are funded by the State. Approval of engineering
6or land acquisition costs by the Department prior to the
7payment of such costs by an airport sponsor shall qualify those
8costs for State reimbursement but shall not constitute an
9obligation of State funds. Costs of land acquisition by airport
10sponsors prior to the effective date of this amendatory act of
111982 are qualified for State reimbursement provided all federal
12and State procedures were followed at the time of acquisition.
13(Source: P.A. 82-978.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.