Public Act 098-0215

HB1402 Enrolled LRB098 02610 KMW 32615 b

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The State Finance Act is amended by changing

Section 25 as follows:

(30 ILCS 105/25) (from Ch. 127, par. 161)

Sec. 25. Fiscal year limitations.

(a) All appropriations shall be available for expenditure

for the fiscal year or for a lesser period if the Act making

that appropriation so specifies. A deficiency or emergency

appropriation shall be available for expenditure only through

June 30 of the year when the Act making that appropriation is

enacted unless that Act otherwise provides.

(b) Outstanding liabilities as of June 30, payable from

appropriations which have otherwise expired, may be paid out of

the expiring appropriations during the 2-month period ending at

the close of business on August 31. Any service involving

professional or artistic skills or any personal services by an

employee whose compensation is subject to income tax

withholding must be performed as of June 30 of the fiscal year

in order to be considered an "outstanding liability as of June

30" that is thereby eligible for payment out of the expiring

appropriation.

(b-1) However, payment of tuition reimbursement claims

under Section 14-7.03 or 18-3 of the School Code may be made by

the State Board of Education from its appropriations for those

respective purposes for any fiscal year, even though the claims

reimbursed by the payment may be claims attributable to a prior

fiscal year, and payments may be made at the direction of the

State Superintendent of Education from the fund from which the

appropriation is made without regard to any fiscal year

limitations, except as required by subsection (j) of this

Section. Beginning on June 30, 2021, payment of tuition

reimbursement claims under Section 14-7.03 or 18-3 of the

School Code as of June 30, payable from appropriations that

have otherwise expired, may be paid out of the expiring

appropriation during the 4-month period ending at the close of

business on October 31.

(b-2) All outstanding liabilities as of June 30, 2010,

payable from appropriations that would otherwise expire at the

conclusion of the lapse period for fiscal year 2010, and

interest penalties payable on those liabilities under the State

Prompt Payment Act, may be paid out of the expiring

appropriations until December 31, 2010, without regard to the

fiscal year in which the payment is made, as long as vouchers

for the liabilities are received by the Comptroller no later

than August 31, 2010.

(b-2.5) All outstanding liabilities as of June 30, 2011,

payable from appropriations that would otherwise expire at the

conclusion of the lapse period for fiscal year 2011, and

interest penalties payable on those liabilities under the State

Prompt Payment Act, may be paid out of the expiring

appropriations until December 31, 2011, without regard to the

fiscal year in which the payment is made, as long as vouchers

for the liabilities are received by the Comptroller no later

than August 31, 2011.

(b-2.6) All outstanding liabilities as of June 30, 2012,

payable from appropriations that would otherwise expire at the

conclusion of the lapse period for fiscal year 2012, and

interest penalties payable on those liabilities under the State

Prompt Payment Act, may be paid out of the expiring

appropriations until December 31, 2012, without regard to the

fiscal year in which the payment is made, as long as vouchers

for the liabilities are received by the Comptroller no later

than August 31, 2012.

(b-2.7) (b-2.6) For fiscal years 2012 and 2013, interest

penalties payable under the State Prompt Payment Act associated

with a voucher for which payment is issued after June 30 may be

paid out of the next fiscal year's appropriation. The future

year appropriation must be for the same purpose and from the

same fund as the original payment. An interest penalty voucher

submitted against a future year appropriation must be submitted

within 60 days after the issuance of the associated voucher,

and the Comptroller must issue the interest payment within 60

days after acceptance of the interest voucher.

(b-3) Medical payments may be made by the Department of

Veterans' Affairs from its appropriations for those purposes

for any fiscal year, without regard to the fact that the

medical services being compensated for by such payment may have

been rendered in a prior fiscal year, except as required by

subsection (j) of this Section. Beginning on June 30, 2021,

medical payments payable from appropriations that have

otherwise expired may be paid out of the expiring appropriation

during the 4-month period ending at the close of business on

October 31.

(b-4) Medical payments and child care payments may be made

by the Department of Human Services (as successor to the

Department of Public Aid) from appropriations for those

purposes for any fiscal year, without regard to the fact that

the medical or child care services being compensated for by

such payment may have been rendered in a prior fiscal year; and

payments may be made at the direction of the Department of

Healthcare and Family Services (or successor agency) from the

Health Insurance Reserve Fund without regard to any fiscal year

limitations, except as required by subsection (j) of this

Section. Beginning on June 30, 2021, medical and child care

payments made by the Department of Human Services, and payments

made at the discretion of the Department of Healthcare and

Family Services (or successor agency) from the Health Insurance

Reserve Fund and payable from appropriations that have

otherwise expired may be paid out of the expiring appropriation

during the 4-month period ending at the close of business on

October 31.

(b-5) Medical payments may be made by the Department of

Human Services from its appropriations relating to substance

abuse treatment services for any fiscal year, without regard to

the fact that the medical services being compensated for by

such payment may have been rendered in a prior fiscal year,

provided the payments are made on a fee-for-service basis

consistent with requirements established for Medicaid

reimbursement by the Department of Healthcare and Family

Services, except as required by subsection (j) of this Section.

Beginning on June 30, 2021, medical payments made by the

Department of Human Services relating to substance abuse

treatment services payable from appropriations that have

otherwise expired may be paid out of the expiring appropriation

during the 4-month period ending at the close of business on

October 31.

(b-6) Additionally, payments may be made by the Department

of Human Services from its appropriations, or any other State

agency from its appropriations with the approval of the

Department of Human Services, from the Immigration Reform and

Control Fund for purposes authorized pursuant to the

Immigration Reform and Control Act of 1986, without regard to

any fiscal year limitations, except as required by subsection

(j) of this Section. Beginning on June 30, 2021, payments made

by the Department of Human Services from the Immigration Reform

and Control Fund for purposes authorized pursuant to the

Immigration Reform and Control Act of 1986 payable from

appropriations that have otherwise expired may be paid out of

the expiring appropriation during the 4-month period ending at

the close of business on October 31.

(b-7) Payments may be made in accordance with a plan

authorized by paragraph (11) or (12) of Section 405-105 of the

Department of Central Management Services Law from

appropriations for those payments without regard to fiscal year

limitations.

(b-8) Reimbursements to eligible airport sponsors for the

construction or upgrading of Automated Weather Observation

Systems may be made by the Department of Transportation from

appropriations for those purposes for any fiscal year, without

regard to the fact that the qualification or obligation may

have occurred in a prior fiscal year, provided that at the time

the expenditure was made the project had been approved by the

Department of Transportation prior to June 1, 2012 and, as a

result of recent changes in federal funding formulas, can no

longer receive federal reimbursement.

(c) Further, payments may be made by the Department of

Public Health and the Department of Human Services (acting as

successor to the Department of Public Health under the

Department of Human Services Act) from their respective

appropriations for grants for medical care to or on behalf of

premature and high-mortality risk infants and their mothers and

for grants for supplemental food supplies provided under the

United States Department of Agriculture Women, Infants and

Children Nutrition Program, for any fiscal year without regard

to the fact that the services being compensated for by such

payment may have been rendered in a prior fiscal year, except

as required by subsection (j) of this Section. Beginning on

June 30, 2021, payments made by the Department of Public Health

and the Department of Human Services from their respective

appropriations for grants for medical care to or on behalf of

premature and high-mortality risk infants and their mothers and

for grants for supplemental food supplies provided under the

United States Department of Agriculture Women, Infants and

Children Nutrition Program payable from appropriations that

have otherwise expired may be paid out of the expiring

appropriations during the 4-month period ending at the close of

business on October 31.

(d) The Department of Public Health and the Department of

Human Services (acting as successor to the Department of Public

Health under the Department of Human Services Act) shall each

annually submit to the State Comptroller, Senate President,

Senate Minority Leader, Speaker of the House, House Minority

Leader, and the respective Chairmen and Minority Spokesmen of

the Appropriations Committees of the Senate and the House, on

or before December 31, a report of fiscal year funds used to

pay for services provided in any prior fiscal year. This report

shall document by program or service category those

expenditures from the most recently completed fiscal year used

to pay for services provided in prior fiscal years.

(e) The Department of Healthcare and Family Services, the

Department of Human Services (acting as successor to the

Department of Public Aid), and the Department of Human Services

making fee-for-service payments relating to substance abuse

treatment services provided during a previous fiscal year shall

each annually submit to the State Comptroller, Senate

President, Senate Minority Leader, Speaker of the House, House

Minority Leader, the respective Chairmen and Minority

Spokesmen of the Appropriations Committees of the Senate and

the House, on or before November 30, a report that shall

document by program or service category those expenditures from

the most recently completed fiscal year used to pay for (i)

services provided in prior fiscal years and (ii) services for

which claims were received in prior fiscal years.

(f) The Department of Human Services (as successor to the

Department of Public Aid) shall annually submit to the State

Comptroller, Senate President, Senate Minority Leader, Speaker

of the House, House Minority Leader, and the respective

Chairmen and Minority Spokesmen of the Appropriations

Committees of the Senate and the House, on or before December

31, a report of fiscal year funds used to pay for services

(other than medical care) provided in any prior fiscal year.

This report shall document by program or service category those

expenditures from the most recently completed fiscal year used

to pay for services provided in prior fiscal years.

(g) In addition, each annual report required to be

submitted by the Department of Healthcare and Family Services

under subsection (e) shall include the following information

with respect to the State's Medicaid program:

(1) Explanations of the exact causes of the variance

between the previous year's estimated and actual

liabilities.

(2) Factors affecting the Department of Healthcare and

Family Services' liabilities, including but not limited to

numbers of aid recipients, levels of medical service

utilization by aid recipients, and inflation in the cost of

medical services.

(3) The results of the Department's efforts to combat

fraud and abuse.

(h) As provided in Section 4 of the General Assembly

Compensation Act, any utility bill for service provided to a

General Assembly member's district office for a period

including portions of 2 consecutive fiscal years may be paid

from funds appropriated for such expenditure in either fiscal

year.

(i) An agency which administers a fund classified by the

Comptroller as an internal service fund may issue rules for:

(1) billing user agencies in advance for payments or

authorized inter-fund transfers based on estimated charges

for goods or services;

(2) issuing credits, refunding through inter-fund

transfers, or reducing future inter-fund transfers during

the subsequent fiscal year for all user agency payments or

authorized inter-fund transfers received during the prior

fiscal year which were in excess of the final amounts owed

by the user agency for that period; and

(3) issuing catch-up billings to user agencies during

the subsequent fiscal year for amounts remaining due when

payments or authorized inter-fund transfers received from

the user agency during the prior fiscal year were less than

the total amount owed for that period.

User agencies are authorized to reimburse internal service

funds for catch-up billings by vouchers drawn against their

respective appropriations for the fiscal year in which the

catch-up billing was issued or by increasing an authorized

inter-fund transfer during the current fiscal year. For the

purposes of this Act, "inter-fund transfers" means transfers

without the use of the voucher-warrant process, as authorized

by Section 9.01 of the State Comptroller Act.

(i-1) Beginning on July 1, 2021, all outstanding

liabilities, not payable during the 4-month lapse period as

described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and

(c) of this Section, that are made from appropriations for that

purpose for any fiscal year, without regard to the fact that

the services being compensated for by those payments may have

been rendered in a prior fiscal year, are limited to only those

claims that have been incurred but for which a proper bill or

invoice as defined by the State Prompt Payment Act has not been

received by September 30th following the end of the fiscal year

in which the service was rendered.

(j) Notwithstanding any other provision of this Act, the

aggregate amount of payments to be made without regard for

fiscal year limitations as contained in subsections (b-1),

(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and

determined by using Generally Accepted Accounting Principles,

shall not exceed the following amounts:

(1) $6,000,000,000 for outstanding liabilities related

to fiscal year 2012;

(2) $5,300,000,000 for outstanding liabilities related

to fiscal year 2013;

(3) $4,600,000,000 for outstanding liabilities related

to fiscal year 2014;

(4) $4,000,000,000 for outstanding liabilities related

to fiscal year 2015;

(5) $3,300,000,000 for outstanding liabilities related

to fiscal year 2016;

(6) $2,600,000,000 for outstanding liabilities related

to fiscal year 2017;

(7) $2,000,000,000 for outstanding liabilities related

to fiscal year 2018;

(8) $1,300,000,000 for outstanding liabilities related

to fiscal year 2019;

(9) $600,000,000 for outstanding liabilities related

to fiscal year 2020; and

(10) $0 for outstanding liabilities related to fiscal

year 2021 and fiscal years thereafter.

(k) Department of Healthcare and Family Services Medical

Assistance Payments.

(1) Definition of Medical Assistance.

For purposes of this subsection, the term "Medical

Assistance" shall include, but not necessarily be

limited to, medical programs and services authorized

under Titles XIX and XXI of the Social Security Act,

the Illinois Public Aid Code, the Children's Health

Insurance Program Act, the Covering ALL KIDS Health

Insurance Act, the Long Term Acute Care Hospital

Quality Improvement Transfer Program Act, and medical

care to or on behalf of persons suffering from chronic

renal disease, persons suffering from hemophilia, and

victims of sexual assault.

(2) Limitations on Medical Assistance payments that

may be paid from future fiscal year appropriations.

(A) The maximum amounts of annual unpaid Medical

Assistance bills received and recorded by the

Department of Healthcare and Family Services on or

before June 30th of a particular fiscal year

attributable in aggregate to the General Revenue Fund,

Healthcare Provider Relief Fund, Tobacco Settlement

Recovery Fund, Long-Term Care Provider Fund, and the

Drug Rebate Fund that may be paid in total by the

Department from future fiscal year Medical Assistance

appropriations to those funds are: $700,000,000 for

fiscal year 2013 and $100,000,000 for fiscal year 2014

and each fiscal year thereafter.

(B) Bills for Medical Assistance services rendered

in a particular fiscal year, but received and recorded

by the Department of Healthcare and Family Services

after June 30th of that fiscal year, may be paid from

either appropriations for that fiscal year or future

fiscal year appropriations for Medical Assistance.

Such payments shall not be subject to the requirements

of subparagraph (A).

(C) Medical Assistance bills received by the

Department of Healthcare and Family Services in a

particular fiscal year, but subject to payment amount

adjustments in a future fiscal year may be paid from a

future fiscal year's appropriation for Medical

Assistance. Such payments shall not be subject to the

requirements of subparagraph (A).

(D) Medical Assistance payments made by the

Department of Healthcare and Family Services from

funds other than those specifically referenced in

subparagraph (A) may be made from appropriations for

those purposes for any fiscal year without regard to

the fact that the Medical Assistance services being

compensated for by such payment may have been rendered

in a prior fiscal year. Such payments shall not be

subject to the requirements of subparagraph (A).

(3) Extended lapse period for Department of Healthcare

and Family Services Medical Assistance payments.

Notwithstanding any other State law to the contrary,

outstanding Department of Healthcare and Family Services

Medical Assistance liabilities, as of June 30th, payable

from appropriations which have otherwise expired, may be

paid out of the expiring appropriations during the 6-month

period ending at the close of business on December 31st.

(l) The changes to this Section made by Public Act 97-691

this amendatory Act of the 97th General Assembly shall be

effective for payment of Medical Assistance bills incurred in

fiscal year 2013 and future fiscal years. The changes to this

Section made by Public Act 97-691 this amendatory Act of the

97th General Assembly shall not be applied to Medical

Assistance bills incurred in fiscal year 2012 or prior fiscal

years.

(m) (k) The Comptroller must issue payments against

outstanding liabilities that were received prior to the lapse

period deadlines set forth in this Section as soon thereafter

as practical, but no payment may be issued after the 4 months

following the lapse period deadline without the signed

authorization of the Comptroller and the Governor.

(Source: P.A. 96-928, eff. 6-15-10; 96-958, eff. 7-1-10;

96-1501, eff. 1-25-11; 97-75, eff. 6-30-11; 97-333, eff.

8-12-11; 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932,

eff. 8-10-12; revised 8-23-12.)

Section 10. The Illinois Aeronautics Act is amended by

changing Section 34a as follows:

(620 ILCS 5/34a) (from Ch. 15 1/2, par. 22.34a)

Sec. 34a. Financial assistance under Section 34 may also

include reimbursement to eligible airport sponsors for the

construction or upgrading of Automated Weather Observation

Systems (AWOS) financed in whole or in part by State monies.

Costs of constructing or upgrading Automated Weather

Observation Systems prior to the effective date of this

amendatory Act of the 98th General Assembly are eligible for

State reimbursements provided that all required State

procedures were followed at the time the project was approved

by the Department. Financial assistance under Section 34 may

also include reimbursements to eligible airport sponsors for

land acquisition costs directly related to projects financed

either in whole or in part by federal and State monies, and for

engineering costs directly related to projects financed in

whole or in part by State monies; provided, (1) such

engineering or land acquisition costs were approved by the

Department prior to the payment of these costs by the airport

sponsor, (2) no State or federal monies have previously been

expended for such purposes on such projects, and (3) no State

monies shall be expended as reimbursement on any project for

engineering or land acquisition unless construction costs for

that project are funded by the State. Approval of engineering

or land acquisition costs by the Department prior to the

payment of such costs by an airport sponsor shall qualify those

costs for State reimbursement but shall not constitute an

obligation of State funds. Costs of land acquisition by airport

sponsors prior to the effective date of this amendatory act of

1982 are qualified for State reimbursement provided all federal

and State procedures were followed at the time of acquisition.

(Source: P.A. 82-978.)

Section 99. Effective date. This Act takes effect upon

becoming law.