Full Text of SB1802 97th General Assembly
SB1802ham003 97TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 5/28/2011
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| 1 | | AMENDMENT TO SENATE BILL 1802
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1802, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 2, as follows:
| 5 | | on page 8, by replacing line 15 with the following: | 6 | | " based on income standards developed by rule by the Department | 7 | | with input from the superintendent of each school, parents "; | 8 | | and | 9 | | on page 8, line 17, by replacing " shall " with " may "; and | 10 | | on page 9, line 16, after " to the ", by inserting | 11 | | " superintendent for initial recommendation with a final | 12 | | determination by the "; and | 13 | | on page 9, line 17, by deleting " for review "; and |
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| 1 | | on page 9, immediately below line 17, by inserting the | 2 | | following: | 3 | | " Any fees collected under this subsection (c) shall be held | 4 | | locally by the school and used exclusively for the purpose for | 5 | | which the fee was assessed. "; and | 6 | | on page 9, by replacing lines 20 through 24 with the following:
| 7 | | "(30 ILCS 540/3-2)
| 8 | | Sec. 3-2. Beginning July 1, 1993, in any instance where a | 9 | | State official or
agency is late in payment of a vendor's bill | 10 | | or invoice for goods or services
furnished to the State, as | 11 | | defined in Section 1, properly approved in
accordance with | 12 | | rules promulgated under Section 3-3, the State official or
| 13 | | agency shall pay interest to the vendor in accordance with the | 14 | | following:
| 15 | | (1) Any bill, except a bill submitted under Article V | 16 | | of the Illinois Public Aid Code and except as provided | 17 | | under paragraph (1.05) , approved for payment under this | 18 | | Section must be paid
or the payment issued to the payee | 19 | | within 60 days of receipt
of a proper bill or invoice.
If | 20 | | payment is not issued to the payee within this 60-day 60 | 21 | | day
period, an
interest penalty of 1.0% of any amount | 22 | | approved and unpaid shall be added
for each month or | 23 | | fraction thereof after the end of this 60-day 60 day | 24 | | period,
until final payment is made. Any bill, except a |
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| 1 | | bill for pharmacy
or nursing facility services or goods, | 2 | | submitted under Article V of the Illinois Public Aid Code | 3 | | approved for payment under this Section must be paid
or the | 4 | | payment issued to the payee within 60 days after receipt
of | 5 | | a proper bill or invoice, and,
if payment is not issued to | 6 | | the payee within this 60-day
period, an
interest penalty of | 7 | | 2.0% of any amount approved and unpaid shall be added
for | 8 | | each month or fraction thereof after the end of this 60-day | 9 | | period,
until final payment is made. Any bill for pharmacy | 10 | | or nursing facility services or
goods submitted under | 11 | | Article V of the Illinois Public Aid
Code and , approved for | 12 | | payment under this Section must be paid
or the payment | 13 | | issued to the payee within 60 days of
receipt of a proper | 14 | | bill or invoice. If payment is not
issued to the payee | 15 | | within this 60-day 60 day period, an interest
penalty of | 16 | | 1.0% of any amount approved and unpaid shall be
added for | 17 | | each month or fraction thereof after the end of this 60-day | 18 | | 60 day period, until final payment is made.
| 19 | | (1.05) For State fiscal year 2012 and future fiscal | 20 | | years, any bill approved for payment under this Section | 21 | | must be paid
or the payment issued to the payee within 90 | 22 | | days of receipt
of a proper bill or invoice.
If payment is | 23 | | not issued to the payee within this 90-day
period, an
| 24 | | interest penalty of 1.0% of any amount approved and unpaid | 25 | | shall be added
for each month or fraction thereof after the | 26 | | end of this 90-day period,
until final payment is made.
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| 1 | | (1.1) A State agency shall review in a timely manner | 2 | | each bill or
invoice after its receipt. If the
State agency | 3 | | determines that the bill or invoice contains a defect | 4 | | making it
unable to process the payment request, the agency
| 5 | | shall notify the vendor requesting payment as soon as | 6 | | possible after
discovering the
defect pursuant to rules | 7 | | promulgated under Section 3-3; provided, however, that the | 8 | | notice for construction related bills or invoices must be | 9 | | given not later than 30 days after the bill or invoice was | 10 | | first submitted. The notice shall
identify the defect and | 11 | | any additional information
necessary to correct the | 12 | | defect. If one or more items on a construction related bill | 13 | | or invoice are disapproved, but not the entire bill or | 14 | | invoice, then the portion that is not disapproved shall be | 15 | | paid.
| 16 | | (2) Where a State official or agency is late in payment | 17 | | of a
vendor's bill or invoice properly approved in | 18 | | accordance with this Act, and
different late payment terms | 19 | | are not reduced to writing as a contractual
agreement, the | 20 | | State official or agency shall automatically pay interest
| 21 | | penalties required by this Section amounting to $50 or more | 22 | | to the appropriate
vendor. Each agency shall be responsible | 23 | | for determining whether an interest
penalty
is
owed and
for | 24 | | paying the interest to the vendor.
Interest due to a vendor | 25 | | that amounts to less than $50 shall not be paid but shall | 26 | | be accrued until all interest due the vendor for all |
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| 1 | | similar warrants exceeds $50, at which time the accrued | 2 | | interest shall be payable and interest will begin accruing | 3 | | again, except that interest accrued as of the end of the | 4 | | fiscal year that does not exceed $50 shall be payable at | 5 | | that time. In the event an
individual has paid a vendor for | 6 | | services in advance, the provisions of this
Section shall | 7 | | apply until payment is made to that individual.
| 8 | | (3) The provisions of Public Act 96-1501 this | 9 | | amendatory Act of the 96th General Assembly reducing the | 10 | | interest rate on pharmacy claims under Article V of the | 11 | | Illinois Public Aid Code to 1.0% per month shall apply to | 12 | | any pharmacy bills for services and goods under Article V | 13 | | of the Illinois Public Aid Code received on or after the | 14 | | date 60 days before January 25, 2011 ( the effective date of | 15 | | Public Act 96-1501) until the effective date of this | 16 | | amendatory Act of the 97th General Assembly this amendatory | 17 | | Act of the 96th General Assembly . | 18 | | (Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10; | 19 | | 96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff. | 20 | | 1-25-11; 96-1530, eff. 2-16-11; revised 2-22-11.)"; and
| 21 | | by deleting pages 10 and 11; and | 22 | | on page 12, by deleting lines 1 through 24.
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