Illinois General Assembly - Full Text of SB0204
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Full Text of SB0204  102nd General Assembly

SB0204 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0204

 

Introduced 2/17/2021, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
See Index

    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. Provides for Comptroller recess appointments. 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.


LRB102 10806 RJF 16136 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0204LRB102 10806 RJF 16136 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
8context otherwise 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
14    exempt under Section 501(c)(3) of the Internal Revenue
15    Code;
16        (3) Certify that all benefiting agencies are in
17    compliance with the Illinois Human Rights Act;
18        (4) Certify that all benefiting agencies are in
19    compliance with the Charitable Trust Act and the
20    Solicitation for Charity Act;
21        (5) Certify that all benefiting agencies actively
22    conduct health or welfare programs and provide services to
23    individuals directed at one or more of the following
24    common human needs within a community: service, research,
25    and education in the health fields; family and child care
26    services; protective services for children and adults;

 

 

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

 

 

SB0204- 4 -LRB102 10806 RJF 16136 b

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

 

 

SB0204- 5 -LRB102 10806 RJF 16136 b

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

 

 

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1Universities Combined Appeal as of January 1st of the year
2immediately following their approval by the Comptroller.
3    Where the certifications described in paragraphs (2), (3),
4(4), (5), (6), (7), (8), (9), and (10) above are made by an
5organization representing more than one benefiting agency they
6shall be based upon the knowledge and belief of such qualified
7organization. Any qualified organization shall immediately
8notify the State Comptroller in writing if the qualified
9organization receives information or otherwise believes that a
10benefiting agency is no longer in compliance with the
11certification of the qualified organization. A qualified
12organization representing more than one benefiting agency
13shall thereafter withhold and refrain from distributing to
14such benefiting agency those funds received pursuant to this
15Act until the benefiting agency is again in compliance with
16the qualified organization's certification. The qualified
17organization shall immediately notify the State Comptroller of
18the benefiting agency's resumed compliance with the
19certification, based upon the qualified organization's
20knowledge and belief, and shall pay over to the benefiting
21agency those funds previously withheld.
22    In order to qualify, a qualified organization must receive
23250 deduction pledges from the immediately preceding
24solicitation period as set forth in Section 6. The Comptroller
25shall, by February 1st of each year, so notify any qualified
26organization that failed to receive the minimum deduction

 

 

SB0204- 7 -LRB102 10806 RJF 16136 b

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

 

 

SB0204- 8 -LRB102 10806 RJF 16136 b

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

 

 

SB0204- 9 -LRB102 10806 RJF 16136 b

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

 

 

SB0204- 10 -LRB102 10806 RJF 16136 b

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

 

 

SB0204- 11 -LRB102 10806 RJF 16136 b

1this Act. The agency designated by the Comptroller Governor
2under paragraph (9) of subsection (b) of Section 3 of this Act
3shall adopt rules providing for procedures for review by the
4agency of alleged violations of that paragraph and appropriate
5remedial sanctions for noncompliance. The rules shall include
6an appeal procedure for any affected participating
7organization or United Fund. The agency designated by the
8Comptroller Governor shall notify the Comptroller immediately
9of any final decision to remove a qualified organization or
10United Fund from participation in SECA.
11(Source: P.A. 91-357, eff. 7-29-99.)
 
12    Section 10. The State Comptroller Act is amended by
13changing Sections 17 and 19.5 and by adding Section 28 as
14follows:
 
15    (15 ILCS 405/17)  (from Ch. 15, par. 217)
16    Sec. 17. Inventory control records. The comptroller shall
17maintain current inventory records of property held by or on
18behalf of the State or any State agency, which may be copies of
19the official inventory control records maintained by State
20agencies or summaries thereof. The Office of the Comptroller
21shall define reporting requirements and thresholds to be used
22by State agencies in the Comptroller's Statewide Accounting
23Management System (SAMS) manual. The Department of Central
24Management Services and each other State agency so holding

 

 

SB0204- 12 -LRB102 10806 RJF 16136 b

1such property shall report to the comptroller, on forms
2prescribed by the comptroller, all property acquired or
3disposed of by that agency, in such detail and at such times as
4the comptroller requires, by rule, to maintain accurate,
5current inventory records. The Department of Central
6Management Services shall transmit to the comptroller a
7certified copy of all reports it may issue concerning State
8property, including its annual report.
9(Source: P.A. 98-904, eff. 8-15-14.)
 
10    (15 ILCS 405/19.5)
11    Sec. 19.5. Comprehensive Annual Financial Report (CAFR);
12procedures and reporting.
13    (a) On or before October 31, 2012, and on or before each
14October 31 thereafter, State agencies shall report to the
15Comptroller all financial information deemed necessary by the
16Comptroller to compile and publish a comprehensive annual
17financial report using generally accepted accounting
18principles for the fiscal year ending June 30 of that year. The
19Comptroller may require certain State agencies to submit the
20required information before October 31 under a schedule
21established by the Comptroller. If a State agency has
22submitted no or insufficient financial information by October
2331, the Comptroller shall serve a written notice to each
24respective State agency director or secretary about the
25delinquency or inadequacy of the financial information.

 

 

SB0204- 13 -LRB102 10806 RJF 16136 b

1    (b) If the financial information required in subsection
2(a) is submitted to the Comptroller on or before October 31,
3the lapse period is not extended past August 31 for the given
4fiscal year, and the Office of the Auditor General has
5completed an audit of the comprehensive annual financial
6report, then the Comptroller shall publish a comprehensive
7annual financial report using generally accepted accounting
8principles for the fiscal year ending June 30 of that year by
9December 31. If the information as required by subsection (a)
10is not provided to the Comptroller in time to publish the
11report by December 31, then upon notice from the Comptroller
12of the delay, each respective State agency director or
13secretary shall report his or her State agency's delinquency
14and provide an action plan to bring his or her State agency
15into compliance to the Comptroller, the Auditor General, the
16Office of the Governor, the Speaker and Minority Leader of the
17House of Representatives, and the President and Minority
18Leader of the Senate. Upon receiving that report from a State
19agency director or secretary, the Comptroller shall post that
20report with the action plan on his or her official website.
21    (c) If a comprehensive annual financial report using
22generally accepted accounting principles cannot be published
23by December 31 due to insufficient or inadequate reporting to
24the Comptroller, the lapse period is extended past August 31
25for the given fiscal year, or the Office of the Auditor General
26has not completed an audit of the comprehensive annual

 

 

SB0204- 14 -LRB102 10806 RJF 16136 b

1financial report, then the Comptroller may issue interim
2reports containing financial information made available by
3reporting State agencies until an audit opinion is issued by
4the Auditor General on the comprehensive annual financial
5report.
6(Source: P.A. 97-408, eff. 8-16-11; 98-240, eff. 8-9-13.)
 
7    (15 ILCS 405/28 new)
8    Sec. 28. Comptroller recess appointments. If, during a
9recess of the Senate, there is a vacancy in an office filled by
10appointment by the Comptroller by and with the advice and
11consent of the Senate, the Comptroller shall make a temporary
12appointment until the next meeting of the Senate, when he or
13she shall make a nomination to fill such office. Any
14nomination not acted upon by the Senate within 60 session days
15after the receipt thereof shall be deemed to have received the
16advice and consent of the Senate. No person rejected by the
17Senate for an office shall, except at the Senate's request, be
18nominated again for that office at the same session or be
19appointed to that office during a recess of that Senate.
 
20    Section 15. The Personnel Code is amended by changing
21Section 4c as follows:
 
22    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
23    Sec. 4c. General exemptions. The following positions in

 

 

SB0204- 15 -LRB102 10806 RJF 16136 b

1State service shall be exempt from jurisdictions A, B, and C,
2unless the jurisdictions shall be extended as provided in this
3Act:
4        (1) All officers elected by the people.
5        (2) All positions under the Lieutenant Governor,
6    Secretary of State, State Treasurer, State Comptroller,
7    State Board of Education, Clerk of the Supreme Court,
8    Attorney General, and State Board of Elections.
9        (3) Judges, and officers and employees of the courts,
10    and notaries public.
11        (4) All officers and employees of the Illinois General
12    Assembly, all employees of legislative commissions, all
13    officers and employees of the Illinois Legislative
14    Reference Bureau and the Legislative Printing Unit.
15        (5) All positions in the Illinois National Guard and
16    Illinois State Guard, paid from federal funds or positions
17    in the State Military Service filled by enlistment and
18    paid from State funds.
19        (6) All employees of the Governor at the executive
20    mansion and on his immediate personal staff.
21        (7) Directors of Departments, the Adjutant General,
22    the Assistant Adjutant General, the Director of the
23    Illinois Emergency Management Agency, members of boards
24    and commissions, and all other positions appointed by the
25    Governor by and with the consent of the Senate.
26        (8) The presidents, other principal administrative

 

 

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1    officers, and teaching, research and extension faculties
2    of Chicago State University, Eastern Illinois University,
3    Governors State University, Illinois State University,
4    Northeastern Illinois University, Northern Illinois
5    University, Western Illinois University, the Illinois
6    Community College Board, Southern Illinois University,
7    Illinois Board of Higher Education, University of
8    Illinois, State Universities Civil Service System,
9    University Retirement System of Illinois, and the
10    administrative officers and scientific and technical staff
11    of the Illinois State Museum.
12        (9) All other employees except the presidents, other
13    principal administrative officers, and teaching, research
14    and extension faculties of the universities under the
15    jurisdiction of the Board of Regents and the colleges and
16    universities under the jurisdiction of the Board of
17    Governors of State Colleges and Universities, Illinois
18    Community College Board, Southern Illinois University,
19    Illinois Board of Higher Education, Board of Governors of
20    State Colleges and Universities, the Board of Regents,
21    University of Illinois, State Universities Civil Service
22    System, University Retirement System of Illinois, so long
23    as these are subject to the provisions of the State
24    Universities Civil Service Act.
25        (10) The State Police so long as they are subject to
26    the merit provisions of the State Police Act.

 

 

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1        (11) (Blank).
2        (12) The technical and engineering staffs of the
3    Department of Transportation, the Department of Nuclear
4    Safety, the Pollution Control Board, and the Illinois
5    Commerce Commission, and the technical and engineering
6    staff providing architectural and engineering services in
7    the Department of Central Management Services.
8        (13) All employees of the Illinois State Toll Highway
9    Authority.
10        (14) The Secretary of the Illinois Workers'
11    Compensation Commission.
12        (15) All persons who are appointed or employed by the
13    Director of Insurance under authority of Section 202 of
14    the Illinois Insurance Code to assist the Director of
15    Insurance in discharging his responsibilities relating to
16    the rehabilitation, liquidation, conservation, and
17    dissolution of companies that are subject to the
18    jurisdiction of the Illinois Insurance Code.
19        (16) All employees of the St. Louis Metropolitan Area
20    Airport Authority.
21        (17) All investment officers employed by the Illinois
22    State Board of Investment.
23        (18) Employees of the Illinois Young Adult
24    Conservation Corps program, administered by the Illinois
25    Department of Natural Resources, authorized grantee under
26    Title VIII of the Comprehensive Employment and Training

 

 

SB0204- 18 -LRB102 10806 RJF 16136 b

1    Act of 1973, 29 USC 993.
2        (19) Seasonal employees of the Department of
3    Agriculture for the operation of the Illinois State Fair
4    and the DuQuoin State Fair, no one person receiving more
5    than 29 days of such employment in any calendar year.
6        (20) All "temporary" employees hired under the
7    Department of Natural Resources' Illinois Conservation
8    Service, a youth employment program that hires young
9    people to work in State parks for a period of one year or
10    less.
11        (21) All hearing officers of the Human Rights
12    Commission.
13        (22) All employees of the Illinois Mathematics and
14    Science Academy.
15        (23) All employees of the Kankakee River Valley Area
16    Airport Authority.
17        (24) The commissioners and employees of the Executive
18    Ethics Commission.
19        (25) The Executive Inspectors General, including
20    special Executive Inspectors General, and employees of
21    each Office of an Executive Inspector General.
22        (26) The commissioners and employees of the
23    Legislative Ethics Commission.
24        (27) The Legislative Inspector General, including
25    special Legislative Inspectors General, and employees of
26    the Office of the Legislative Inspector General.

 

 

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1        (28) The Auditor General's Inspector General and
2    employees of the Office of the Auditor General's Inspector
3    General.
4        (29) All employees of the Illinois Power Agency.
5        (30) Employees having demonstrable, defined advanced
6    skills in accounting, financial reporting, or technical
7    expertise who are employed within executive branch
8    agencies and whose duties are directly related to the
9    submission to the Office of the Comptroller of financial
10    information for the publication of the Comprehensive
11    Annual Financial Report (CAFR).
12        (31) All employees of the Illinois Sentencing Policy
13    Advisory Council.
14(Source: P.A. 100-1148, eff. 12-10-18.)
 
15    Section 20. The State Finance Act is amended by changing
16Section 25 as follows:
 
17    (30 ILCS 105/25)  (from Ch. 127, par. 161)
18    Sec. 25. Fiscal year limitations.
19    (a) All appropriations shall be available for expenditure
20for the fiscal year or for a lesser period if the Act making
21that appropriation so specifies. A deficiency or emergency
22appropriation shall be available for expenditure only through
23June 30 of the year when the Act making that appropriation is
24enacted unless that Act otherwise provides.

 

 

SB0204- 20 -LRB102 10806 RJF 16136 b

1    (b) Outstanding liabilities as of June 30, payable from
2appropriations which have otherwise expired, may be paid out
3of the expiring appropriations during the 2-month period
4ending at the close of business on August 31. Extensions of
5lapse period may be made for individual agencies or funds only
6upon the signed authorization of the Governor and Comptroller,
7and shall not be extended by more than an additional 30 days.
8Any service involving professional or artistic skills or any
9personal services by an employee whose compensation is subject
10to income tax withholding must be performed as of June 30 of
11the fiscal year in order to be considered an "outstanding
12liability as of June 30" that is thereby eligible for payment
13out of the expiring appropriation.
14    (b-1) However, payment of tuition reimbursement claims
15under Section 14-7.03 or 18-3 of the School Code may be made by
16the State Board of Education from its appropriations for those
17respective purposes for any fiscal year, even though the
18claims reimbursed by the payment may be claims attributable to
19a prior fiscal year, and payments may be made at the direction
20of the State Superintendent of Education from the fund from
21which the appropriation is made without regard to any fiscal
22year limitations, except as required by subsection (j) of this
23Section. Beginning on June 30, 2021, payment of tuition
24reimbursement claims under Section 14-7.03 or 18-3 of the
25School Code as of June 30, payable from appropriations that
26have otherwise expired, may be paid out of the expiring

 

 

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1appropriation during the 4-month period ending at the close of
2business on October 31.
3    (b-2) (Blank).
4    (b-2.5) (Blank).
5    (b-2.6) (Blank).
6    (b-2.6a) (Blank).
7    (b-2.6b) (Blank).
8    (b-2.6c) (Blank).
9    (b-2.6d) All outstanding liabilities as of June 30, 2020,
10payable from appropriations that would otherwise expire at the
11conclusion of the lapse period for fiscal year 2020, and
12interest penalties payable on those liabilities under the
13State Prompt Payment Act, may be paid out of the expiring
14appropriations until December 31, 2020, without regard to the
15fiscal year in which the payment is made, as long as vouchers
16for the liabilities are received by the Comptroller no later
17than September 30, 2020.
18    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
192020, and 2021, interest penalties payable under the State
20Prompt Payment Act associated with a voucher for which payment
21is issued after June 30 may be paid out of the next fiscal
22year's appropriation. The future year appropriation must be
23for the same purpose and from the same fund as the original
24payment. An interest penalty voucher submitted against a
25future year appropriation must be submitted within 60 days
26after the issuance of the associated voucher, except that, for

 

 

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1fiscal year 2018 only, an interest penalty voucher submitted
2against a future year appropriation must be submitted within
360 days of June 5, 2019 (the effective date of Public Act
4101-10). The Comptroller must issue the interest payment
5within 60 days after acceptance of the interest voucher.
6    (b-3) Medical payments may be made by the Department of
7Veterans' Affairs from its appropriations for those purposes
8for any fiscal year, without regard to the fact that the
9medical services being compensated for by such payment may
10have been rendered in a prior fiscal year, except as required
11by subsection (j) of this Section. Beginning on June 30, 2021,
12medical payments payable from appropriations that have
13otherwise expired may be paid out of the expiring
14appropriation during the 4-month period ending at the close of
15business on October 31.
16    (b-4) Medical payments and child care payments may be made
17by the Department of Human Services (as successor to the
18Department of Public Aid) from appropriations for those
19purposes for any fiscal year, without regard to the fact that
20the medical or child care services being compensated for by
21such payment may have been rendered in a prior fiscal year; and
22payments may be made at the direction of the Department of
23Healthcare and Family Services (or successor agency) from the
24Health Insurance Reserve Fund without regard to any fiscal
25year limitations, except as required by subsection (j) of this
26Section. Beginning on June 30, 2021, medical and child care

 

 

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1payments made by the Department of Human Services and payments
2made at the discretion of the Department of Healthcare and
3Family Services (or successor agency) from the Health
4Insurance Reserve Fund and payable from appropriations that
5have otherwise expired may be paid out of the expiring
6appropriation during the 4-month period ending at the close of
7business on October 31.
8    (b-5) Medical payments may be made by the Department of
9Human Services from its appropriations relating to substance
10abuse treatment services for any fiscal year, without regard
11to the fact that the medical services being compensated for by
12such payment may have been rendered in a prior fiscal year,
13provided the payments are made on a fee-for-service basis
14consistent with requirements established for Medicaid
15reimbursement by the Department of Healthcare and Family
16Services, except as required by subsection (j) of this
17Section. Beginning on June 30, 2021, medical payments made by
18the Department of Human Services relating to substance abuse
19treatment services payable from appropriations that have
20otherwise expired may be paid out of the expiring
21appropriation during the 4-month period ending at the close of
22business on October 31.
23    (b-6) (Blank).
24    (b-7) Payments may be made in accordance with a plan
25authorized by paragraph (11) or (12) of Section 405-105 of the
26Department of Central Management Services Law from

 

 

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1appropriations for those payments without regard to fiscal
2year limitations.
3    (b-8) Reimbursements to eligible airport sponsors for the
4construction or upgrading of Automated Weather Observation
5Systems may be made by the Department of Transportation from
6appropriations for those purposes for any fiscal year, without
7regard to the fact that the qualification or obligation may
8have occurred in a prior fiscal year, provided that at the time
9the expenditure was made the project had been approved by the
10Department of Transportation prior to June 1, 2012 and, as a
11result of recent changes in federal funding formulas, can no
12longer receive federal reimbursement.
13    (b-9) (Blank).
14    (c) Further, payments may be made by the Department of
15Public Health and the Department of Human Services (acting as
16successor to the Department of Public Health under the
17Department of Human Services Act) from their respective
18appropriations for grants for medical care to or on behalf of
19premature and high-mortality risk infants and their mothers
20and for grants for supplemental food supplies provided under
21the United States Department of Agriculture Women, Infants and
22Children Nutrition Program, for any fiscal year without regard
23to the fact that the services being compensated for by such
24payment may have been rendered in a prior fiscal year, except
25as required by subsection (j) of this Section. Beginning on
26June 30, 2021, payments made by the Department of Public

 

 

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1Health and the Department of Human Services from their
2respective appropriations for grants for medical care to or on
3behalf of premature and high-mortality risk infants and their
4mothers and for grants for supplemental food supplies provided
5under the United States Department of Agriculture Women,
6Infants and Children Nutrition Program payable from
7appropriations that have otherwise expired may be paid out of
8the expiring appropriations during the 4-month period ending
9at the close of business on October 31.
10    (d) The Department of Public Health and the Department of
11Human Services (acting as successor to the Department of
12Public Health under the Department of Human Services Act)
13shall each annually submit to the State Comptroller, Senate
14President, Senate Minority Leader, Speaker of the House, House
15Minority Leader, and the respective Chairmen and Minority
16Spokesmen of the Appropriations Committees of the Senate and
17the House, on or before December 31, a report of fiscal year
18funds used to pay for services provided in any prior fiscal
19year. This report shall document by program or service
20category those expenditures from the most recently completed
21fiscal year used to pay for services provided in prior fiscal
22years.
23    (e) The Department of Healthcare and Family Services, the
24Department of Human Services (acting as successor to the
25Department of Public Aid), and the Department of Human
26Services making fee-for-service payments relating to substance

 

 

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1abuse treatment services provided during a previous fiscal
2year shall each annually submit to the State Comptroller,
3Senate President, Senate Minority Leader, Speaker of the
4House, House Minority Leader, the respective Chairmen and
5Minority Spokesmen of the Appropriations Committees of the
6Senate and the House, on or before November 30, a report that
7shall document by program or service category those
8expenditures from the most recently completed fiscal year used
9to pay for (i) services provided in prior fiscal years and (ii)
10services for which claims were received in prior fiscal years.
11    (f) The Department of Human Services (as successor to the
12Department of Public Aid) shall annually submit to the State
13Comptroller, Senate President, Senate Minority Leader, Speaker
14of the House, House Minority Leader, and the respective
15Chairmen and Minority Spokesmen of the Appropriations
16Committees of the Senate and the House, on or before December
1731, a report of fiscal year funds used to pay for services
18(other than medical care) provided in any prior fiscal year.
19This report shall document by program or service category
20those expenditures from the most recently completed fiscal
21year used to pay for services provided in prior fiscal years.
22    (g) In addition, each annual report required to be
23submitted by the Department of Healthcare and Family Services
24under subsection (e) shall include the following information
25with respect to the State's Medicaid program:
26        (1) Explanations of the exact causes of the variance

 

 

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

 

 

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

 

 

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1fiscal year limitations as contained in subsections (b-1),
2(b-3), (b-4), (b-5), and (c) of this Section, and determined
3by using Generally Accepted Accounting Principles, shall not
4exceed the following amounts:
5        (1) $6,000,000,000 for outstanding liabilities related
6    to fiscal year 2012;
7        (2) $5,300,000,000 for outstanding liabilities related
8    to fiscal year 2013;
9        (3) $4,600,000,000 for outstanding liabilities related
10    to fiscal year 2014;
11        (4) $4,000,000,000 for outstanding liabilities related
12    to fiscal year 2015;
13        (5) $3,300,000,000 for outstanding liabilities related
14    to fiscal year 2016;
15        (6) $2,600,000,000 for outstanding liabilities related
16    to fiscal year 2017;
17        (7) $2,000,000,000 for outstanding liabilities related
18    to fiscal year 2018;
19        (8) $1,300,000,000 for outstanding liabilities related
20    to fiscal year 2019;
21        (9) $600,000,000 for outstanding liabilities related
22    to fiscal year 2020; and
23        (10) $0 for outstanding liabilities related to fiscal
24    year 2021 and fiscal years thereafter.
25    (k) Department of Healthcare and Family Services Medical
26Assistance Payments.

 

 

SB0204- 30 -LRB102 10806 RJF 16136 b

1        (1) Definition of Medical Assistance.
2            For purposes of this subsection, the term "Medical
3        Assistance" shall include, but not necessarily be
4        limited to, medical programs and services authorized
5        under Titles XIX and XXI of the Social Security Act,
6        the Illinois Public Aid Code, the Children's Health
7        Insurance Program Act, the Covering ALL KIDS Health
8        Insurance Act, the Long Term Acute Care Hospital
9        Quality Improvement Transfer Program Act, and medical
10        care to or on behalf of persons suffering from chronic
11        renal disease, persons suffering from hemophilia, and
12        victims of sexual assault.
13        (2) Limitations on Medical Assistance payments that
14    may be paid from future fiscal year appropriations.
15            (A) The maximum amounts of annual unpaid Medical
16        Assistance bills received and recorded by the
17        Department of Healthcare and Family Services on or
18        before June 30th of a particular fiscal year
19        attributable in aggregate to the General Revenue Fund,
20        Healthcare Provider Relief Fund, Tobacco Settlement
21        Recovery Fund, Long-Term Care Provider Fund, and the
22        Drug Rebate Fund that may be paid in total by the
23        Department from future fiscal year Medical Assistance
24        appropriations to those funds are: $700,000,000 for
25        fiscal year 2013 and $100,000,000 for fiscal year 2014
26        and each fiscal year thereafter.

 

 

SB0204- 31 -LRB102 10806 RJF 16136 b

1            (B) Bills for Medical Assistance services rendered
2        in a particular fiscal year, but received and recorded
3        by the Department of Healthcare and Family Services
4        after June 30th of that fiscal year, may be paid from
5        either appropriations for that fiscal year or future
6        fiscal year appropriations for Medical Assistance.
7        Such payments shall not be subject to the requirements
8        of subparagraph (A).
9            (C) Medical Assistance bills received by the
10        Department of Healthcare and Family Services in a
11        particular fiscal year, but subject to payment amount
12        adjustments in a future fiscal year may be paid from a
13        future fiscal year's appropriation for Medical
14        Assistance. Such payments shall not be subject to the
15        requirements of subparagraph (A).
16            (D) Medical Assistance payments made by the
17        Department of Healthcare and Family Services from
18        funds other than those specifically referenced in
19        subparagraph (A) may be made from appropriations for
20        those purposes for any fiscal year without regard to
21        the fact that the Medical Assistance services being
22        compensated for by such payment may have been rendered
23        in a prior fiscal year. Such payments shall not be
24        subject to the requirements of subparagraph (A).
25        (3) Extended lapse period for Department of Healthcare
26    and Family Services Medical Assistance payments.

 

 

SB0204- 32 -LRB102 10806 RJF 16136 b

1    Notwithstanding any other State law to the contrary,
2    outstanding Department of Healthcare and Family Services
3    Medical Assistance liabilities, as of June 30th, payable
4    from appropriations which have otherwise expired, may be
5    paid out of the expiring appropriations during the 4-month
6    6-month period ending at the close of business on October
7    December 31st. Extensions of Healthcare and Family
8    Services Medical Assistance payments lapse period may be
9    made upon the signed authorization of the Governor and
10    Comptroller, and shall not be extended by more than an
11    additional 30 days.
12    (l) The changes to this Section made by Public Act 97-691
13shall be effective for payment of Medical Assistance bills
14incurred in fiscal year 2013 and future fiscal years. The
15changes to this Section made by Public Act 97-691 shall not be
16applied to Medical Assistance bills incurred in fiscal year
172012 or prior fiscal years.
18    (m) The Comptroller must issue payments against
19outstanding liabilities that were received prior to the lapse
20period deadlines set forth in this Section as soon thereafter
21as practical, but no payment may be issued after the 4 months
22following the lapse period deadline without the signed
23authorization of the Comptroller and the Governor.
24(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
25101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff.
266-10-20.)
 

 

 

SB0204- 33 -LRB102 10806 RJF 16136 b

1    (30 ILCS 105/11.5 rep.)
2    Section 25. The State Finance Act is amended by repealing
3Section 11.5.
 
4    Section 30. The Illinois Procurement Code is amended by
5changing Section 20-80 as follows:
 
6    (30 ILCS 500/20-80)
7    Sec. 20-80. Contract files.
8    (a) Written determinations. All written determinations
9required under this Article shall be placed in the contract
10file maintained by the chief procurement officer.
11    (b) Filing with Comptroller. Whenever a grant, defined
12pursuant to accounting standards established by the
13Comptroller, or a contract liability, except for: (1)
14contracts paid from personal services, or (2) contracts
15between the State and its employees to defer compensation in
16accordance with Article 24 of the Illinois Pension Code, or
17(3) contracts that do not obligate funds held within the State
18treasury for fiscal year 2022 and thereafter, exceeding
19$20,000 is incurred by any State agency, a copy of the
20contract, purchase order, grant, or lease shall be filed with
21the Comptroller within 30 calendar days thereafter. Beginning
22in fiscal year 2022, information pertaining to contracts
23exceeding $20,000 that do not obligate funds held within the

 

 

SB0204- 34 -LRB102 10806 RJF 16136 b

1State treasury shall be submitted in a quarterly report to the
2Comptroller in a form and manner prescribed by the
3Comptroller. The Comptroller shall make the quarterly report
4available on his or her website. Beginning January 1, 2013,
5the Comptroller may require that contracts and grants required
6to be filed with the Comptroller under this Section shall be
7filed electronically, unless the agency is incapable of filing
8the contract or grant electronically because it does not
9possess the necessary technology or equipment. Any State
10agency that is incapable of electronically filing its
11contracts or grants shall submit a written statement to the
12Governor and to the Comptroller attesting to the reasons for
13its inability to comply. This statement shall include a
14discussion of what the State agency needs in order to
15effectively comply with this Section. Prior to requiring
16electronic filing, the Comptroller shall consult with the
17Governor as to the feasibility of establishing mutually
18agreeable technical standards for the electronic document
19imaging, storage, and transfer of contracts and grants, taking
20into consideration the technology available to that agency,
21best practices, and the technological capabilities of State
22agencies. Nothing in this amendatory Act of the 97th General
23Assembly shall be construed to impede the implementation of an
24Enterprise Resource Planning (ERP) system. For each State
25contract for supplies or services awarded on or after July 1,
262010, the contracting agency shall provide the applicable rate

 

 

SB0204- 35 -LRB102 10806 RJF 16136 b

1and unit of measurement of the supplies or services on the
2contract obligation document as required by the Comptroller.
3If the contract obligation document that is submitted to the
4Comptroller contains the rate and unit of measurement of the
5supplies or services, the Comptroller shall provide that
6information on his or her official website. Any cancellation
7or modification to any such contract liability shall be filed
8with the Comptroller within 30 calendar days of its execution.
9    (c) Late filing affidavit. When a contract, purchase
10order, grant, or lease required to be filed by this Section has
11not been filed within 30 calendar days of execution, the
12Comptroller shall refuse to issue a warrant for payment
13thereunder until the agency files with the Comptroller the
14contract, purchase order, grant, or lease and an affidavit,
15signed by the chief executive officer of the agency or his or
16her designee, setting forth an explanation of why the contract
17liability was not filed within 30 calendar days of execution.
18A copy of this affidavit shall be filed with the Auditor
19General.
20    (d) Timely execution of contracts. Except as set forth in
21subsection (b) of this Section, no voucher shall be submitted
22to the Comptroller for a warrant to be drawn for the payment of
23money from the State treasury or from other funds held by the
24State Treasurer on account of any contract unless the contract
25is reduced to writing before the services are performed and
26filed with the Comptroller. Contractors shall not be paid for

 

 

SB0204- 36 -LRB102 10806 RJF 16136 b

1any supplies that were received or services that were rendered
2before the contract was reduced to writing and signed by all
3necessary parties. A chief procurement officer may request an
4exception to this subsection by submitting a written statement
5to the Comptroller and Treasurer setting forth the
6circumstances and reasons why the contract could not be
7reduced to writing before the supplies were received or
8services were performed. A waiver of this subsection must be
9approved by the Comptroller and Treasurer. This Section shall
10not apply to emergency purchases if notice of the emergency
11purchase is filed with the Procurement Policy Board and
12published in the Bulletin as required by this Code.
13    (e) Method of source selection. When a contract is filed
14with the Comptroller under this Section, the Comptroller's
15file shall identify the method of source selection used in
16obtaining the contract.
17(Source: P.A. 100-43, eff. 8-9-17.)
 
18    Section 35. The State Prompt Payment Act is amended by
19changing Sections 8 and 9 as follows:
 
20    (30 ILCS 540/8)
21    Sec. 8. Vendor Payment Program.
22    (a) As used in this Section:
23        "Applicant" means any entity seeking to be designated
24    as a qualified purchaser.

 

 

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1        "Application period" means the time period when the
2    Program is accepting applications as determined by the
3    Department of Central Management Services.
4        "Assigned penalties" means penalties payable by the
5    State in accordance with this Act that are assigned to the
6    qualified purchaser of an assigned receivable.
7        "Assigned receivable" means the base invoice amount of
8    a qualified account receivable and any associated assigned
9    penalties due, currently and in the future, in accordance
10    with this Act.
11        "Assignment agreement" means an agreement executed and
12    delivered by a participating vendor and a qualified
13    purchaser, in which the participating vendor will assign
14    one or more qualified accounts receivable to the qualified
15    purchaser and make certain representations and warranties
16    in respect thereof.
17        "Base invoice amount" means the unpaid principal
18    amount of the invoice associated with an assigned
19    receivable.
20        "Department" means the Department of Central
21    Management Services.
22        "Medical assistance program" means any program which
23    provides medical assistance under Article V of the
24    Illinois Public Aid Code, including Medicaid.
25        "Participating vendor" means a vendor whose
26    application for the sale of a qualified account receivable

 

 

SB0204- 38 -LRB102 10806 RJF 16136 b

1    is accepted for purchase by a qualified purchaser under
2    the Program terms.
3        "Program" means a Vendor Payment Program.
4        "Prompt payment penalties" means penalties payable by
5    the State in accordance with this Act.
6        "Purchase price" means 100% of the base invoice amount
7    associated with an assigned receivable minus: (1) any
8    deductions against the assigned receivable arising from
9    State offsets; and (2) if and to the extent exercised by a
10    qualified purchaser, other deductions for amounts owed by
11    the participating vendor to the qualified purchaser for
12    State offsets applied against other accounts receivable
13    assigned by the participating vendor to the qualified
14    purchaser under the Program.
15        "Qualified account receivable" means an account
16    receivable due and payable by the State that is
17    outstanding for 90 days or more, is eligible to accrue
18    prompt payment penalties under this Act and is verified by
19    the relevant State agency. A qualified account receivable
20    shall not include any account receivable related to
21    medical assistance program (including Medicaid) payments
22    or any other accounts receivable, the transfer or
23    assignment of which is prohibited by, or otherwise
24    prevented by, applicable law.
25        "Qualified purchaser" means any entity that, during
26    any application period, is approved by the Department of

 

 

SB0204- 39 -LRB102 10806 RJF 16136 b

1    Central Management Services to participate in the Program
2    on the basis of certain qualifying criteria as determined
3    by the Department.
4        "State offsets" means any amount deducted from
5    payments made by the State in respect of any qualified
6    account receivable due to the State's exercise of any
7    offset or other contractual rights against a participating
8    vendor. For the purpose of this Section, "State offsets"
9    include statutorily required administrative fees imposed
10    under the State Comptroller Act.
11        "Sub-participant" means any individual or entity that
12    intends to purchase assigned receivables, directly or
13    indirectly, by or through an applicant or qualified
14    purchaser for the purposes of the Program.
15        "Sub-participant certification" means an instrument
16    executed and delivered to the Department of Central
17    Management Services by a sub-participant, in which the
18    sub-participant certifies its agreement, among others, to
19    be bound by the terms and conditions of the Program as a
20    condition to its participation in the Program as a
21    sub-participant.
22    (b) This Section reflects the provisions of Section
23900.125 of Title 74 of the Illinois Administrative Code prior
24to January 1, 2018. The requirements of this Section establish
25the criteria for participation by participating vendors and
26qualified purchasers in a Vendor Payment Program. Information

 

 

SB0204- 40 -LRB102 10806 RJF 16136 b

1regarding the Vendor Payment Program may be found at the
2Internet website for the Department of Central Management
3Services.
4    (c) The State Comptroller and the Department of Central
5Management Services is are authorized to establish and
6implement the Program under Section 3-3. This Section applies
7to all qualified accounts receivable not otherwise excluded
8from receiving prompt payment interest under Section 900.120
9of Title 74 of the Illinois Administrative Code. This Section
10shall not apply to the purchase of any accounts receivable
11related to payments made under a medical assistance program,
12including Medicaid payments, or any other purchase of accounts
13receivable that is otherwise prohibited by law.
14    (d) Under the Program, qualified purchasers may purchase
15from participating vendors certain qualified accounts
16receivable owed by the State to the participating vendors. A
17participating vendor shall not simultaneously apply to sell
18the same qualified account receivable to more than one
19qualified purchaser. In consideration of the payment of the
20purchase price, a participating vendor shall assign to the
21qualified purchaser all of its rights to payment of the
22qualified account receivable, including all current and future
23prompt payment penalties due to that qualified account
24receivable in accordance with this Act.
25    (e) A vendor may apply to participate in the Program if:
26        (1) the vendor is owed an account receivable by the

 

 

SB0204- 41 -LRB102 10806 RJF 16136 b

1    State for which prompt payment penalties have commenced
2    accruing;
3        (2) the vendor's account receivable is eligible to
4    accrue prompt payment penalty interest under this Act;
5        (3) the vendor's account receivable is not for
6    payments under a medical assistance program; and
7        (4) the vendor's account receivable is not prohibited
8    by, or otherwise prevented by, applicable law from being
9    transferred or assigned under this Section.
10    (f) The Department shall review and approve or disapprove
11each applicant seeking a qualified purchaser designation.
12Factors to be considered by the Department in determining
13whether an applicant shall be designated as a qualified
14purchaser include, but are not limited to, the following:
15        (1) the qualified purchaser's agreement to commit a
16    minimum purchase amount as established from time to time
17    by the Department based upon the current needs of the
18    Program and the qualified purchaser's demonstrated ability
19    to fund its commitment;
20        (2) the demonstrated ability of a qualified
21    purchaser's sub-participants to fund their portions of a
22    qualified purchaser's minimum purchase commitment;
23        (3) the ability of a qualified purchaser and its
24    sub-participants to meet standards of responsibility
25    substantially in accordance with the requirements of the
26    Standards of Responsibility found in subsection (b) of

 

 

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1    Section 1.2046 of Title 44 of the Illinois Administrative
2    Code concerning government contracts, procurement, and
3    property management;
4        (4) the agreement of each qualified purchaser, at its
5    sole cost and expense, to administer and facilitate the
6    operation of the Program with respect to that qualified
7    purchaser, including, without limitation, assisting
8    potential participating vendors with the application and
9    assignment process;
10        (5) the agreement of each qualified purchaser, at its
11    sole cost and expense, to establish a website that is
12    determined by the Department to be sufficient to
13    administer the Program in accordance with the terms and
14    conditions of the Program;
15        (6) the agreement of each qualified purchaser, at its
16    sole cost and expense, to market the Program to potential
17    participating vendors;
18        (7) the agreement of each qualified purchaser, at its
19    sole cost and expense, to educate participating vendors
20    about the benefits and risks associated with participation
21    in the Program;
22        (8) the agreement of each qualified purchaser, at its
23    sole cost and expense, to deposit funds into, release
24    funds from, and otherwise maintain all required accounts
25    in accordance with the terms and conditions of the
26    Program. Subject to the Program terms, all required

 

 

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1    accounts shall be maintained and controlled by the
2    qualified purchaser at the qualified purchaser's sole cost
3    and at no cost, whether in the form of fees or otherwise,
4    to the participating vendors;
5        (9) the agreement of each qualified purchaser, at its
6    sole cost and expense, to submit a monthly written report,
7    in an acceptable electronic format, to the State
8    Comptroller or its designee and the Department or its
9    designee, within 10 days after the end of each month,
10    which, unless otherwise specified by the Department, at a
11    minimum, shall contain:
12            (A) a listing of each assigned receivable
13        purchased by that qualified purchaser during the
14        month, specifying the base invoice amount and invoice
15        date of that assigned receivable and the name of the
16        participating vendor, State contract number, voucher
17        number, and State agency associated with that assigned
18        receivable;
19            (B) a listing of each assigned receivable with
20        respect to which the qualified purchaser has received
21        payment of the base invoice amount from the State
22        during that month, including the amount of and date on
23        which that payment was made and the name of the
24        participating vendor, State contract number, voucher
25        number, and State agency associated with the assigned
26        receivable, and identifying the relevant application

 

 

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1        period for each assigned receivable;
2            (C) a listing of any payments of assigned
3        penalties received from the State during the month,
4        including the amount of and date on which the payment
5        was made, the name of the participating vendor, the
6        voucher number for the assigned penalty receivable,
7        and the associated assigned receivable, including the
8        State contract number, voucher number, and State
9        agency associated with the assigned receivable, and
10        identifying the relevant application period for each
11        assigned receivable;
12            (D) the aggregate number and dollar value of
13        assigned receivables purchased by the qualified
14        purchaser from the date on which that qualified
15        purchaser commenced participating in the Program
16        through the last day of the month;
17            (E) the aggregate number and dollar value of
18        assigned receivables purchased by the qualified
19        purchaser for which no payment by the State of the base
20        invoice amount has yet been received, from the date on
21        which the qualified purchaser commenced participating
22        in the Program through the last day of the month;
23            (F) the aggregate number and dollar value of
24        invoices purchased by the qualified purchaser for
25        which no voucher has been submitted; and
26            (G) any other data the State Comptroller and the

 

 

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1        Department may reasonably request from time to time;
2        (10) the agreement of each qualified purchaser to use
3    its reasonable best efforts, and for any sub-participant
4    to cause a qualified purchaser to use its reasonable best
5    efforts, to diligently pursue receipt of assigned
6    penalties associated with the assigned receivables,
7    including, without limitation, by promptly notifying the
8    relevant State agency that an assigned penalty is due and,
9    if necessary, seeking payment of assigned penalties
10    through the Illinois Court of Claims; and
11        (11) the agreement of each qualified purchaser and any
12    sub-participant to use their reasonable best efforts to
13    implement the Program terms and to perform their
14    obligations under the Program in a timely fashion.
15    (g) Each qualified purchaser's performance and
16implementation of its obligations under subsection (f) shall
17be subject to review by the Department and the State
18Comptroller at any time to confirm that the qualified
19purchaser is undertaking those obligations in a manner
20consistent with the terms and conditions of the Program. A
21qualified purchaser's failure to so perform its obligations
22including, without limitation, its obligations to diligently
23pursue receipt of assigned penalties associated with assigned
24receivables, shall be grounds for the Department and the State
25Comptroller to terminate the qualified purchaser's
26participation in the Program under subsection (i). Any such

 

 

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1termination shall be without prejudice to any rights a
2participating vendor may have against that qualified
3purchaser, in law or in equity, including, without limitation,
4the right to enforce the terms of the assignment agreement and
5of the Program against the qualified purchaser.
6    (h) In determining whether any applicant shall be
7designated as a qualified purchaser, the Department shall have
8the right to review or approve sub-participants that intend to
9purchase assigned receivables, directly or indirectly, by or
10through the applicant. The Department reserves the right to
11reject or terminate the designation of any applicant as a
12qualified purchaser or require an applicant to exclude a
13proposed sub-participant in order to become or remain a
14qualified purchaser on the basis of a review, whether prior to
15or after the designation. Each applicant and each qualified
16purchaser has an affirmative obligation to promptly notify the
17Department of any change or proposed change in the identity of
18the sub-participants that it disclosed to the Department no
19later than 3 business days after that change. Each
20sub-participant shall be required to execute a sub-participant
21certification that will be attached to the corresponding
22qualified purchaser designation. Sub-participants shall meet,
23at a minimum, the requirements of paragraphs (2), (3), (10),
24and (11) of subsection (f).
25    (i) The Program, as codified under this Section, shall
26continue until terminated or suspended as follows:

 

 

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1        (1) The Program may be terminated or suspended: (A) by
2    the State Comptroller, after consulting with the
3    Department, by giving 10 days prior written notice to the
4    Department and the qualified purchasers in the Program; or
5    (B) by the Department, after consulting with the State
6    Comptroller, by giving 10 days prior written notice to the
7    State Comptroller and the qualified purchasers in the
8    Program.
9        (2) In the event a qualified purchaser or
10    sub-participant breaches or fails to meet any of the terms
11    or conditions of the Program, that qualified purchaser or
12    sub-participant may be terminated from the Program: (A) by
13    the State Comptroller, after consulting with the
14    Department. The termination shall be effective immediately
15    upon the State Comptroller giving written notice to the
16    Department and the qualified purchaser or sub-participant;
17    or (B) by the Department, after consulting with the State
18    Comptroller. The termination shall be effective
19    immediately upon the Department giving written notice to
20    the State Comptroller and the qualified purchaser or
21    sub-participant.
22        (3) A qualified purchaser or sub-participant may
23    terminate its participation in the Program, solely with
24    respect to its own participation in the Program, in the
25    event of any change to this Act from the form that existed
26    on the date that the qualified purchaser or the

 

 

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1    sub-participant, as applicable, submitted the necessary
2    documentation for admission into the Program if the change
3    materially and adversely affects the qualified purchaser's
4    or the sub-participant's ability to purchase and receive
5    payment on receivables on the terms described in this
6    Section.
7    If the Program, a qualified purchaser, or a
8sub-participant is terminated or suspended under paragraph (1)
9or (2) of this subsection (i), the Program, qualified
10purchaser, or sub-participant may be reinstated only by
11written agreement of the State Comptroller and the Department.
12No termination or suspension under paragraph (1), (2), or (3)
13of this subsection (i) shall alter or affect the qualified
14purchaser's or sub-participant's obligations with respect to
15assigned receivables purchased by or through the qualified
16purchaser prior to the termination.
17(Source: P.A. 100-1089, eff. 8-24-18; 101-81, eff. 7-12-19.)
 
18    (30 ILCS 540/9)
19    Sec. 9. Vendor Payment Program financial backer
20disclosure.
21    (a) Within 60 days after August 24, 2018 (the effective
22date of Public Act 100-1089) this amendatory Act of the 100th
23General Assembly, at the time of application, and annually on
24August July 1 of each year for the previous fiscal year, each
25qualified purchaser shall submit to the Department and the

 

 

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1State Comptroller the following information about each person,
2director, owner, officer, association, financial backer,
3partnership, other entity, corporation, or trust with an
4indirect or direct financial interest in each qualified
5purchaser:
6        (1) percent ownership;
7        (2) type of ownership;
8        (3) first name, middle name, last name, maiden name
9    (if applicable), including aliases or former names;
10        (4) mailing address;
11        (5) type of business entity, if applicable;
12        (6) dates and jurisdiction of business formation or
13    incorporation, if applicable;
14        (7) names of controlling shareholders, class of stock,
15    percentage ownership;
16        (8) any indirect earnings resulting from the Program;
17    and
18        (9) any earnings associated with the Program to any
19    parties not previously disclosed.
20    (b) Within 60 days after August 24, 2018 (the effective
21date of Public Act 100-1089) this amendatory Act of the 100th
22General Assembly, at the time of application, and annually on
23August July 1 of each year for the previous fiscal year, each
24trust associated with the qualified purchaser shall submit to
25the Department and the State Comptroller the following
26information:

 

 

SB0204- 50 -LRB102 10806 RJF 16136 b

1        (1) names, addresses, dates of birth, and percentages
2    of interest of all beneficiaries;
3        (2) any indirect earnings resulting from the Program;
4    and
5        (3) any earnings associated with the Program to any
6    parties not previously disclosed.
7    (c) Each qualified purchaser must submit a statement to
8the State Comptroller and the Department of Central Management
9Services disclosing whether such qualified purchaser or any
10related person, director, owner, officer, or financial backer
11has previously or currently retained or contracted with any
12registered lobbyist, lawyer, accountant, or other consultant
13to prepare the disclosure required under this Section.
14(Source: P.A. 100-1089, eff. 8-24-18.)
 
15    Section 40. The Property Tax Code is amended by changing
16Section 30-31 as follows:
 
17    (35 ILCS 200/30-31)
18    Sec. 30-31. Fiscal Responsibility Report Card; State
19Comptroller. The State Comptroller, within 180 days of the
20conclusion of the fiscal year of the State, shall make
21available on the Comptroller's website submit to the General
22Assembly and the clerk of each county a Fiscal Responsibility
23Report Card in the form prescribed by the State Comptroller
24after consultation with other State Constitutional officers

 

 

SB0204- 51 -LRB102 10806 RJF 16136 b

1selected by the State Comptroller. The Fiscal Responsibility
2Report Card shall inform the General Assembly and the county
3clerks about the amounts, sources, and uses of tax revenues
4received and expended by each taxing district, other than a
5school district, that imposes ad valorem taxes.
6(Source: Incorporates P.A. 88-280; 88-670, eff. 12-2-94.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.

 

 

SB0204- 52 -LRB102 10806 RJF 16136 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 340/3from Ch. 15, par. 503
4    5 ILCS 340/5from Ch. 15, par. 505
5    5 ILCS 340/7from Ch. 15, par. 507
6    15 ILCS 405/17from Ch. 15, par. 217
7    15 ILCS 405/19.5
8    15 ILCS 405/28 new
9    20 ILCS 415/4cfrom Ch. 127, par. 63b104c
10    30 ILCS 105/25from Ch. 127, par. 161
11    30 ILCS 105/11.5 rep.
12    30 ILCS 500/20-80
13    30 ILCS 540/8
14    30 ILCS 540/9
15    35 ILCS 200/30-31