Bill Text: IL HB1156 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the State Comptroller Act. Provides that the Comptroller shall not draw a warrant on the treasury for an amount that is less than $5, unless the person owed the funds makes a request, in writing, to the Office of the State Comptroller that the Comptroller draw the warrant. Provides that the Comptroller shall adopt rules to implement the requirement. Effective immediately.

Sponsorship: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB1156 Detail]

Download: Illinois-2011-HB1156-Amended.html

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Rep. Mike Bost

Filed: 3/1/2011

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AMENDMENT TO HOUSE BILL 1156
AMENDMENT NO. ______. Amend House Bill 1156 by replacing
everything after the enacting clause with the following:
"Section 5. The State Prompt Payment Act is amended by
changing Section 3-2 as follows:
(30 ILCS 540/3-2)
Sec. 3-2. Beginning July 1, 1993, in any instance where a
State official or agency is late in payment of a vendor's bill
or invoice for goods or services furnished to the State, as
defined in Section 1, properly approved in accordance with
rules promulgated under Section 3-3, the State official or
agency shall pay interest to the vendor in accordance with the
following:
(1) Any bill, except a bill submitted under Article V
of the Illinois Public Aid Code, approved for payment under
this Section must be paid or the payment issued to the

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payee within 60 days of receipt of a proper bill or
invoice. If payment is not issued to the payee within this
60-day 60 day period, an interest penalty of 1.0% of any
amount approved and unpaid shall be added for each month or
fraction thereof after the end of this 60-day 60 day
period, until final payment is made. Any bill, except a
bill for pharmacy or nursing facility services or goods,
submitted under Article V of the Illinois Public Aid Code
approved for payment under this Section must be paid or the
payment issued to the payee within 60 days after receipt of
a proper bill or invoice, and, if payment is not issued to
the payee within this 60-day period, an interest penalty of
2.0% of any amount approved and unpaid shall be added for
each month or fraction thereof after the end of this 60-day
period, until final payment is made. Any bill for pharmacy
or nursing facility services or goods submitted under
Article V of the Illinois Public Aid Code and , approved for
payment under this Section must be paid or the payment
issued to the payee within 60 days of receipt of a proper
bill or invoice. If payment is not issued to the payee
within this 60-day 60 day period, an interest penalty of
1.0% of any amount approved and unpaid shall be added for
each month or fraction thereof after the end of this 60-day
60 day period, until final payment is made.
(1.1) A State agency shall review in a timely manner
each bill or invoice after its receipt. If the State agency

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determines that the bill or invoice contains a defect
making it unable to process the payment request, the agency
shall notify the vendor requesting payment as soon as
possible after discovering the defect pursuant to rules
promulgated under Section 3-3; provided, however, that the
notice for construction related bills or invoices must be
given not later than 30 days after the bill or invoice was
first submitted. The notice shall identify the defect and
any additional information necessary to correct the
defect. If one or more items on a construction related bill
or invoice are disapproved, but not the entire bill or
invoice, then the portion that is not disapproved shall be
paid.
(2) Where a State official or agency is late in payment
of a vendor's bill or invoice properly approved in
accordance with this Act, and different late payment terms
are not reduced to writing as a contractual agreement, the
State official or agency shall automatically pay interest
penalties required by this Section amounting to $50 or more
to the appropriate vendor. Each agency shall be responsible
for determining whether an interest penalty is owed and for
paying the interest to the vendor. Interest due to a vendor
that amounts to less than $50 shall not be paid but shall
be accrued until all interest due the vendor for all
similar warrants exceeds $50, at which time the accrued
interest shall be payable and interest will begin accruing

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again. Interest , except that interest accrued as of the
end of the fiscal year that does not exceed $50 shall be
payable at that time only if the interest accrued is $5 or
more. In the event an individual has paid a vendor for
services in advance, the provisions of this Section shall
apply until payment is made to that individual.
(3) The provisions of Public Act 96-1501 this
amendatory Act of the 96th General Assembly reducing the
interest rate on pharmacy claims under Article V of the
Illinois Public Aid Code to 1.0% per month shall apply to
any pharmacy bills for services and goods under Article V
of the Illinois Public Aid Code received on or after the
date 60 days before January 25, 2011 (the effective date of
Public Act 96-1501) this amendatory Act of the 96th General
Assembly.
(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10;
96-959, eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1501, eff.
1-25-11; 96-1530, eff. 2-16-11; revised 2-22-11.)".