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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The State Comptroller Act is amended by | |||||||||||||||||||
5 | changing Sections 9 and 9.03 as follows:
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6 | (15 ILCS 405/9) (from Ch. 15, par. 209) | |||||||||||||||||||
7 | Sec. 9. Warrants; vouchers; preaudit. | |||||||||||||||||||
8 | (a) No payment may be made from public funds held by the | |||||||||||||||||||
9 | State Treasurer in or outside of the State treasury, except by | |||||||||||||||||||
10 | warrant drawn by the Comptroller and presented by him to the | |||||||||||||||||||
11 | treasurer to be countersigned except for payments made | |||||||||||||||||||
12 | pursuant to Section 9.03 or 9.05 of this Act. | |||||||||||||||||||
13 | (b) No warrant for the payment of money by the State | |||||||||||||||||||
14 | Treasurer may be drawn by the Comptroller without the | |||||||||||||||||||
15 | presentation of itemized vouchers indicating that the | |||||||||||||||||||
16 | obligation or expenditure is pursuant to law and authorized, | |||||||||||||||||||
17 | and authorizing the Comptroller to order payment. | |||||||||||||||||||
18 | (b-1) An itemized voucher for under $5 that is presented | |||||||||||||||||||
19 | to the Comptroller for payment may be paid through electronic | |||||||||||||||||||
20 | funds transfer unless the recipient is unable to receive an | |||||||||||||||||||
21 | electronic funds transfer or requests another form of payment . | |||||||||||||||||||
22 | This subsection (b-1) does not apply to (i) vouchers presented | |||||||||||||||||||
23 | by the legislative branch of State government, (ii) vouchers |
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1 | presented by the State Treasurer's Office for the payment of | ||||||
2 | unclaimed property claims authorized under the Revised Uniform | ||||||
3 | Unclaimed Property Act, or (iii) vouchers presented by the | ||||||
4 | Department of Revenue for the payment of refunds of taxes | ||||||
5 | administered by the Department. | ||||||
6 | (c) The Comptroller shall examine each voucher required by | ||||||
7 | law to be filed with him and determine whether unencumbered | ||||||
8 | appropriations or unencumbered obligational or expenditure | ||||||
9 | authority other than by appropriation are legally available to | ||||||
10 | incur the obligation or to make the expenditure of public | ||||||
11 | funds. If he determines that unencumbered appropriations or | ||||||
12 | other obligational or expenditure authority are not available | ||||||
13 | from which to incur the obligation or make the expenditure, | ||||||
14 | the Comptroller shall refuse to draw a warrant. | ||||||
15 | (d) The Comptroller shall examine each voucher and all | ||||||
16 | other documentation required to accompany the voucher, and | ||||||
17 | shall ascertain whether the voucher and documentation meet all | ||||||
18 | requirements established by or pursuant to law. If the | ||||||
19 | Comptroller determines that the voucher and documentation do | ||||||
20 | not meet applicable requirements established by or pursuant to | ||||||
21 | law, he shall refuse to draw a warrant. As used in this | ||||||
22 | Section, "requirements established by or pursuant to law" | ||||||
23 | includes statutory enactments and requirements established by | ||||||
24 | rules and regulations adopted pursuant to this Act. | ||||||
25 | (e) Prior to drawing a warrant, the Comptroller may review | ||||||
26 | the voucher, any documentation accompanying the voucher, and |
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1 | any other documentation related to the transaction on file | ||||||
2 | with him, and determine if the transaction is in accordance | ||||||
3 | with the law. If based on his review the Comptroller has reason | ||||||
4 | to believe that such transaction is not in accordance with the | ||||||
5 | law, he shall refuse to draw a warrant. | ||||||
6 | (f) Where the Comptroller refuses to draw a warrant | ||||||
7 | pursuant to this Section, he shall maintain separate records | ||||||
8 | of such transactions. | ||||||
9 | (g) State agencies shall have the principal responsibility | ||||||
10 | for the preaudit of their encumbrances, expenditures, and | ||||||
11 | other transactions as otherwise required by law. | ||||||
12 | (Source: P.A. 103-266, eff. 1-1-24 .)
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13 | (15 ILCS 405/9.03) (from Ch. 15, par. 209.03) | ||||||
14 | Sec. 9.03. Direct deposit of State payments. | ||||||
15 | (a) The Comptroller, with the approval of the State | ||||||
16 | Treasurer, shall may provide by rule or regulation for the | ||||||
17 | direct deposit of any payment lawfully payable from the State | ||||||
18 | Treasury and in accordance with federal banking regulations | ||||||
19 | including but not limited to payments to (i) persons paid from | ||||||
20 | personal services, (ii) persons receiving benefit payments | ||||||
21 | from the Comptroller under the State pension systems, (iii) | ||||||
22 | individuals who receive assistance under Articles III, IV, and | ||||||
23 | VI of the Illinois Public Aid Code, (iv) providers of services | ||||||
24 | under the Mental Health and Developmental Disabilities | ||||||
25 | Administrative Act, (v) providers of community-based mental |
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1 | health services, and (vi) providers of services under programs | ||||||
2 | administered by the State Board of Education, in the accounts | ||||||
3 | of those persons or entities maintained at a bank, savings and | ||||||
4 | loan association, or credit union, where authorized by the | ||||||
5 | payee . The Comptroller also may deposit public aid payments | ||||||
6 | for individuals who receive assistance under Articles III, IV, | ||||||
7 | VI, and X of the Illinois Public Aid Code directly into an | ||||||
8 | electronic benefits transfer account in a financial | ||||||
9 | institution approved by the State Treasurer as prescribed by | ||||||
10 | the Illinois Department of Human Services and in accordance | ||||||
11 | with the rules and regulations of that Department and the | ||||||
12 | rules and regulations adopted by the Comptroller and the State | ||||||
13 | Treasurer. The Comptroller, with the approval of the State | ||||||
14 | Treasurer, shall may provide by rule for the electronic direct | ||||||
15 | deposit of payments to public agencies and any other payee of | ||||||
16 | the State. The electronic direct deposits may be made to the | ||||||
17 | designated account in those financial institutions specified | ||||||
18 | in this Section for the direct deposit of payments. Within 6 | ||||||
19 | months after the effective date of this amendatory Act of | ||||||
20 | 1994, the Comptroller shall establish a pilot program for the | ||||||
21 | electronic direct deposit of payments to local school | ||||||
22 | districts, municipalities, and units of local government. The | ||||||
23 | payments may be made without the use of the voucher-warrant | ||||||
24 | system, provided that documentation of approval by the | ||||||
25 | Treasurer of each group of payments made by direct deposit | ||||||
26 | shall be retained by the Comptroller. The form and method of |
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1 | the Treasurer's approval shall be established by the rules or | ||||||
2 | regulations adopted by the Comptroller under this Section. | ||||||
3 | (b) Except as provided in subsection (b-5), all State | ||||||
4 | payments for an employee's payroll or an employee's expense | ||||||
5 | reimbursement must be made through direct deposit. It is the | ||||||
6 | responsibility of the paying State agency to ensure compliance | ||||||
7 | with this mandate. If a State agency pays an employee's | ||||||
8 | payroll or an employee's expense reimbursement without using | ||||||
9 | direct deposit, the Comptroller may charge that employee a | ||||||
10 | processing fee of $2.50 per paper warrant. The processing fee | ||||||
11 | may be withheld from the employee's payment or reimbursement. | ||||||
12 | The amount collected from the fee shall be deposited into the | ||||||
13 | Comptroller's Administrative Fund. | ||||||
14 | (b-5) If an employee wants his or her payments deposited | ||||||
15 | into a secure check account, the employee must submit a direct | ||||||
16 | deposit form to the paying State agency for his or her payroll | ||||||
17 | or to the Comptroller for his or her expense reimbursements. | ||||||
18 | Upon acceptance of the direct deposit form, the Comptroller | ||||||
19 | shall disburse those funds to the secure check account. For | ||||||
20 | the purposes of this Section, "secure check account" means an | ||||||
21 | account established with a financial institution for the | ||||||
22 | employee that allows the dispensing of the funds in the | ||||||
23 | account through a third party who dispenses to the employee a | ||||||
24 | paper check. | ||||||
25 | (c) All State payments to a vendor that exceed the | ||||||
26 | allowable limit of paper warrants in a fiscal year, by the same |
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1 | agency, must be made through direct deposit. It is the | ||||||
2 | responsibility of the paying State agency to ensure compliance | ||||||
3 | with this mandate. If a State agency pays a vendor more times | ||||||
4 | than the allowable limit in a single fiscal year without using | ||||||
5 | direct deposit, the Comptroller may charge the vendor a | ||||||
6 | processing fee of $2.50 per paper warrant. The processing fee | ||||||
7 | may be withheld from the vendor's payment. The amount | ||||||
8 | collected from the processing fee shall be deposited into the | ||||||
9 | Comptroller's Administrative Fund. The Office of the | ||||||
10 | Comptroller shall define "allowable limit" in the | ||||||
11 | Comptroller's Statewide Accounting Management System (SAMS) | ||||||
12 | manual, except that the allowable limit shall not be less than | ||||||
13 | 30 paper warrants. The Office of the Comptroller shall also | ||||||
14 | provide reasonable notice to all State agencies of the | ||||||
15 | allowable limit of paper warrants. | ||||||
16 | (c-1) All State payments to an entity from a payroll or | ||||||
17 | retirement voluntary deduction must be made through direct | ||||||
18 | deposit. If an entity receives a payment from a payroll or | ||||||
19 | retirement voluntary deduction without using direct deposit, | ||||||
20 | the Comptroller may charge the entity a processing fee of | ||||||
21 | $2.50 per paper warrant. The processing fee may be withheld | ||||||
22 | from the entity's payment or billed to the entity at a later | ||||||
23 | date. The amount collected from the processing fee shall be | ||||||
24 | deposited into the Comptroller's Administrative Fund. The | ||||||
25 | Comptroller shall provide reasonable notice to all entities | ||||||
26 | impacted by this requirement. Any new entities that receive a |
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1 | payroll or retirement voluntary deduction must sign up for | ||||||
2 | direct deposit during the application process. | ||||||
3 | (c-2) The detail information, such as names, identifiers, | ||||||
4 | and amounts, associated with a State payment to an entity from | ||||||
5 | a payroll or retirement voluntary deduction must be retrieved | ||||||
6 | by the entity from the Comptroller's designated Internet | ||||||
7 | website or an electronic alternative approved by the | ||||||
8 | Comptroller. If the entity requires the Comptroller to mail | ||||||
9 | the detail information, the Comptroller may charge the entity | ||||||
10 | a processing fee up to $25.00 per mailing. Any processing fee | ||||||
11 | will be billed to the entity at a later date. The amount | ||||||
12 | collected from the processing fee shall be deposited into the | ||||||
13 | Comptroller's Administrative Fund. The Comptroller shall | ||||||
14 | provide reasonable notice to all entities impacted by this | ||||||
15 | requirement. | ||||||
16 | (d) State employees covered by provisions in collective | ||||||
17 | bargaining agreements that do not require direct deposit of | ||||||
18 | paychecks are exempt from this mandate. No later than 60 days | ||||||
19 | after the effective date of this amendatory Act of the 97th | ||||||
20 | General Assembly, all State agencies must provide to the | ||||||
21 | Office of the Comptroller a list of employees that are exempt | ||||||
22 | under this subsection (d) from the direct deposit mandate. In | ||||||
23 | addition, a State employee or vendor may file a hardship | ||||||
24 | petition with the Office of the Comptroller requesting an | ||||||
25 | exemption from the direct deposit mandate under this Section. | ||||||
26 | A hardship petition shall be made available for download on |
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1 | the Comptroller's official Internet website. | ||||||
2 | (e) Notwithstanding any provision of law to the contrary, | ||||||
3 | the direct deposit of State payments under this Section for an | ||||||
4 | employee's payroll, an employee's expense reimbursement, or a | ||||||
5 | State vendor's payment does not authorize the State to | ||||||
6 | automatically withdraw funds from those accounts. | ||||||
7 | (f) For the purposes of this Section, "vendor" means a | ||||||
8 | non-governmental entity with a taxpayer identification number | ||||||
9 | issued by the Social Security Administration or Internal | ||||||
10 | Revenue Service that receives payments through the | ||||||
11 | Comptroller's commercial system. The term does not include | ||||||
12 | State agencies. | ||||||
13 | (g) The requirements of this Section do not apply to the | ||||||
14 | legislative or judicial branches of State government. | ||||||
15 | (Source: P.A. 97-348, eff. 8-12-11; 97-993, eff. 9-16-12; | ||||||
16 | 98-463, eff. 8-16-13; 98-1043, eff. 8-25-14.)
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17 | Section 10. The State Finance Act is amended by changing | ||||||
18 | Section 25 as follows:
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19 | (30 ILCS 105/25) (from Ch. 127, par. 161) | ||||||
20 | Sec. 25. Fiscal year limitations. | ||||||
21 | (a) All appropriations shall be available for expenditure | ||||||
22 | for the fiscal year or for a lesser period if the Act making | ||||||
23 | that appropriation so specifies. A deficiency or emergency | ||||||
24 | appropriation shall be available for expenditure only through |
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1 | June 30 of the year when the Act making that appropriation is | ||||||
2 | enacted unless that Act otherwise provides. | ||||||
3 | (b) Outstanding liabilities as of June 30, payable from | ||||||
4 | appropriations which have otherwise expired , and interest | ||||||
5 | penalties payable on those liabilities under the State Prompt | ||||||
6 | Payment Act, may be paid out of the expiring appropriations | ||||||
7 | during the 4-month period ending at the close of business on | ||||||
8 | October 31 of each year, without regard to the fiscal year in | ||||||
9 | which the payment is made , may be paid out of the expiring | ||||||
10 | appropriations during the 2-month period ending at the close | ||||||
11 | of business on August 31 . Any service involving professional | ||||||
12 | or artistic skills or any personal services by an employee | ||||||
13 | whose compensation is subject to income tax withholding must | ||||||
14 | be performed as of June 30 of the fiscal year in order to be | ||||||
15 | considered an "outstanding liability as of June 30" that is | ||||||
16 | thereby eligible for payment out of the expiring | ||||||
17 | appropriation. | ||||||
18 | (b-1) However, payment of tuition reimbursement claims | ||||||
19 | under Section 14-7.03 or 18-3 of the School Code may be made by | ||||||
20 | the State Board of Education from its appropriations for those | ||||||
21 | respective purposes for any fiscal year, even though the | ||||||
22 | claims reimbursed by the payment may be claims attributable to | ||||||
23 | a prior fiscal year, and payments may be made at the direction | ||||||
24 | of the State Superintendent of Education from the fund from | ||||||
25 | which the appropriation is made without regard to any fiscal | ||||||
26 | year limitations, except as required by subsection (j) of this |
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1 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
2 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
3 | School Code as of June 30, payable from appropriations that | ||||||
4 | have otherwise expired, may be paid out of the expiring | ||||||
5 | appropriation during the 4-month period ending at the close of | ||||||
6 | business on October 31. | ||||||
7 | (b-2) (Blank). | ||||||
8 | (b-2.5) (Blank). | ||||||
9 | (b-2.6) (Blank). | ||||||
10 | (b-2.6a) (Blank). | ||||||
11 | (b-2.6b) (Blank). | ||||||
12 | (b-2.6c) (Blank). | ||||||
13 | (b-2.6d) All outstanding liabilities as of June 30, 2020, | ||||||
14 | payable from appropriations that would otherwise expire at the | ||||||
15 | conclusion of the lapse period for fiscal year 2020, and | ||||||
16 | interest penalties payable on those liabilities under the | ||||||
17 | State Prompt Payment Act, may be paid out of the expiring | ||||||
18 | appropriations until December 31, 2020, without regard to the | ||||||
19 | fiscal year in which the payment is made, as long as vouchers | ||||||
20 | for the liabilities are received by the Comptroller no later | ||||||
21 | than September 30, 2020. | ||||||
22 | (b-2.6e) All outstanding liabilities as of June 30, 2021, | ||||||
23 | payable from appropriations that would otherwise expire at the | ||||||
24 | conclusion of the lapse period for fiscal year 2021, and | ||||||
25 | interest penalties payable on those liabilities under the | ||||||
26 | State Prompt Payment Act, may be paid out of the expiring |
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1 | appropriations until September 30, 2021, without regard to the | ||||||
2 | fiscal year in which the payment is made. | ||||||
3 | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each | ||||||
4 | fiscal year thereafter, interest penalties payable under the | ||||||
5 | State Prompt Payment Act associated with a voucher for which | ||||||
6 | payment is issued after June 30 may be paid out of the next | ||||||
7 | fiscal year's appropriation. The future year appropriation | ||||||
8 | must be for the same purpose and from the same fund as the | ||||||
9 | original payment. An interest penalty voucher submitted | ||||||
10 | against a future year appropriation must be submitted within | ||||||
11 | 60 days after the issuance of the associated voucher, except | ||||||
12 | that, for fiscal year 2018 only, an interest penalty voucher | ||||||
13 | submitted against a future year appropriation must be | ||||||
14 | submitted within 60 days of June 5, 2019 (the effective date of | ||||||
15 | Public Act 101-10). The Comptroller must issue the interest | ||||||
16 | payment within 60 days after acceptance of the interest | ||||||
17 | voucher. | ||||||
18 | (b-3) Medical payments may be made by the Department of | ||||||
19 | Veterans' Affairs from its appropriations for those purposes | ||||||
20 | for any fiscal year, without regard to the fact that the | ||||||
21 | medical services being compensated for by such payment may | ||||||
22 | have been rendered in a prior fiscal year, except as required | ||||||
23 | by subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
24 | medical payments payable from appropriations that have | ||||||
25 | otherwise expired may be paid out of the expiring | ||||||
26 | appropriation during the 4-month period ending at the close of |
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1 | business on October 31. | ||||||
2 | (b-4) Medical payments and child care payments may be made | ||||||
3 | by the Department of Human Services (as successor to the | ||||||
4 | Department of Public Aid) from appropriations for those | ||||||
5 | purposes for any fiscal year, without regard to the fact that | ||||||
6 | the medical or child care services being compensated for by | ||||||
7 | such payment may have been rendered in a prior fiscal year; and | ||||||
8 | payments may be made at the direction of the Department of | ||||||
9 | Healthcare and Family Services (or successor agency) from the | ||||||
10 | Health Insurance Reserve Fund without regard to any fiscal | ||||||
11 | year limitations, except as required by subsection (j) of this | ||||||
12 | Section. Beginning on June 30, 2021, medical and child care | ||||||
13 | payments made by the Department of Human Services and payments | ||||||
14 | made at the discretion of the Department of Healthcare and | ||||||
15 | Family Services (or successor agency) from the Health | ||||||
16 | Insurance Reserve Fund and payable from appropriations that | ||||||
17 | have otherwise expired may be paid out of the expiring | ||||||
18 | appropriation during the 4-month period ending at the close of | ||||||
19 | business on October 31. | ||||||
20 | (b-5) Medical payments may be made by the Department of | ||||||
21 | Human Services from its appropriations relating to substance | ||||||
22 | abuse treatment services for any fiscal year, without regard | ||||||
23 | to the fact that the medical services being compensated for by | ||||||
24 | such payment may have been rendered in a prior fiscal year, | ||||||
25 | provided the payments are made on a fee-for-service basis | ||||||
26 | consistent with requirements established for Medicaid |
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1 | reimbursement by the Department of Healthcare and Family | ||||||
2 | Services, except as required by subsection (j) of this | ||||||
3 | Section. Beginning on June 30, 2021, medical payments made by | ||||||
4 | the Department of Human Services relating to substance abuse | ||||||
5 | treatment services payable from appropriations that have | ||||||
6 | otherwise expired may be paid out of the expiring | ||||||
7 | appropriation during the 4-month period ending at the close of | ||||||
8 | business on October 31. | ||||||
9 | (b-6) (Blank). | ||||||
10 | (b-7) Payments may be made in accordance with a plan | ||||||
11 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
12 | Department of Central Management Services Law from | ||||||
13 | appropriations for those payments without regard to fiscal | ||||||
14 | year limitations. | ||||||
15 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
16 | construction or upgrading of Automated Weather Observation | ||||||
17 | Systems may be made by the Department of Transportation from | ||||||
18 | appropriations for those purposes for any fiscal year, without | ||||||
19 | regard to the fact that the qualification or obligation may | ||||||
20 | have occurred in a prior fiscal year, provided that at the time | ||||||
21 | the expenditure was made the project had been approved by the | ||||||
22 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
23 | result of recent changes in federal funding formulas, can no | ||||||
24 | longer receive federal reimbursement. | ||||||
25 | (b-9) (Blank). | ||||||
26 | (c) Further, payments may be made by the Department of |
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1 | Public Health and the Department of Human Services (acting as | ||||||
2 | successor to the Department of Public Health under the | ||||||
3 | Department of Human Services Act) from their respective | ||||||
4 | appropriations for grants for medical care to or on behalf of | ||||||
5 | premature and high-mortality risk infants and their mothers | ||||||
6 | and for grants for supplemental food supplies provided under | ||||||
7 | the United States Department of Agriculture Women, Infants and | ||||||
8 | Children Nutrition Program, for any fiscal year without regard | ||||||
9 | to the fact that the services being compensated for by such | ||||||
10 | payment may have been rendered in a prior fiscal year, except | ||||||
11 | as required by subsection (j) of this Section. Beginning on | ||||||
12 | June 30, 2021, payments made by the Department of Public | ||||||
13 | Health and the Department of Human Services from their | ||||||
14 | respective appropriations for grants for medical care to or on | ||||||
15 | behalf of premature and high-mortality risk infants and their | ||||||
16 | mothers and for grants for supplemental food supplies provided | ||||||
17 | under the United States Department of Agriculture Women, | ||||||
18 | Infants and Children Nutrition Program payable from | ||||||
19 | appropriations that have otherwise expired may be paid out of | ||||||
20 | the expiring appropriations during the 4-month period ending | ||||||
21 | at the close of business on October 31. | ||||||
22 | (d) The Department of Public Health and the Department of | ||||||
23 | Human Services (acting as successor to the Department of | ||||||
24 | Public Health under the Department of Human Services Act) | ||||||
25 | shall each annually submit to the State Comptroller, Senate | ||||||
26 | President, Senate Minority Leader, Speaker of the House, House |
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1 | Minority Leader, and the respective Chairmen and Minority | ||||||
2 | Spokesmen of the Appropriations Committees of the Senate and | ||||||
3 | the House, on or before December 31, a report of fiscal year | ||||||
4 | funds used to pay for services provided in any prior fiscal | ||||||
5 | year. This report shall document by program or service | ||||||
6 | category those expenditures from the most recently completed | ||||||
7 | fiscal year used to pay for services provided in prior fiscal | ||||||
8 | years. | ||||||
9 | (e) The Department of Healthcare and Family Services, the | ||||||
10 | Department of Human Services (acting as successor to the | ||||||
11 | Department of Public Aid), and the Department of Human | ||||||
12 | Services making fee-for-service payments relating to substance | ||||||
13 | abuse treatment services provided during a previous fiscal | ||||||
14 | year shall each annually submit to the State Comptroller, | ||||||
15 | Senate President, Senate Minority Leader, Speaker of the | ||||||
16 | House, House Minority Leader, the respective Chairmen and | ||||||
17 | Minority Spokesmen of the Appropriations Committees of the | ||||||
18 | Senate and the House, on or before November 30, a report that | ||||||
19 | shall document by program or service category those | ||||||
20 | expenditures from the most recently completed fiscal year used | ||||||
21 | to pay for (i) services provided in prior fiscal years and (ii) | ||||||
22 | services for which claims were received in prior fiscal years. | ||||||
23 | (f) The Department of Human Services (as successor to the | ||||||
24 | Department of Public Aid) shall annually submit to the State | ||||||
25 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
26 | of the House, House Minority Leader, and the respective |
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1 | Chairmen and Minority Spokesmen of the Appropriations | ||||||
2 | Committees of the Senate and the House, on or before December | ||||||
3 | 31, a report of fiscal year funds used to pay for services | ||||||
4 | (other than medical care) provided in any prior fiscal year. | ||||||
5 | This report shall document by program or service category | ||||||
6 | those expenditures from the most recently completed fiscal | ||||||
7 | year used to pay for services provided in prior fiscal years. | ||||||
8 | (g) In addition, each annual report required to be | ||||||
9 | submitted by the Department of Healthcare and Family Services | ||||||
10 | under subsection (e) shall include the following information | ||||||
11 | with respect to the State's Medicaid program: | ||||||
12 | (1) Explanations of the exact causes of the variance | ||||||
13 | between the previous year's estimated and actual | ||||||
14 | liabilities. | ||||||
15 | (2) Factors affecting the Department of Healthcare and | ||||||
16 | Family Services' liabilities, including, but not limited | ||||||
17 | to, numbers of aid recipients, levels of medical service | ||||||
18 | utilization by aid recipients, and inflation in the cost | ||||||
19 | of medical services. | ||||||
20 | (3) The results of the Department's efforts to combat | ||||||
21 | fraud and abuse. | ||||||
22 | (h) As provided in Section 4 of the General Assembly | ||||||
23 | Compensation Act, any utility bill for service provided to a | ||||||
24 | General Assembly member's district office for a period | ||||||
25 | including portions of 2 consecutive fiscal years may be paid | ||||||
26 | from funds appropriated for such expenditure in either fiscal |
| |||||||
| |||||||
1 | year. | ||||||
2 | (i) An agency which administers a fund classified by the | ||||||
3 | Comptroller as an internal service fund may issue rules for: | ||||||
4 | (1) billing user agencies in advance for payments or | ||||||
5 | authorized inter-fund transfers based on estimated charges | ||||||
6 | for goods or services; | ||||||
7 | (2) issuing credits, refunding through inter-fund | ||||||
8 | transfers, or reducing future inter-fund transfers during | ||||||
9 | the subsequent fiscal year for all user agency payments or | ||||||
10 | authorized inter-fund transfers received during the prior | ||||||
11 | fiscal year which were in excess of the final amounts owed | ||||||
12 | by the user agency for that period; and | ||||||
13 | (3) issuing catch-up billings to user agencies during | ||||||
14 | the subsequent fiscal year for amounts remaining due when | ||||||
15 | payments or authorized inter-fund transfers received from | ||||||
16 | the user agency during the prior fiscal year were less | ||||||
17 | than the total amount owed for that period. | ||||||
18 | User agencies are authorized to reimburse internal service | ||||||
19 | funds for catch-up billings by vouchers drawn against their | ||||||
20 | respective appropriations for the fiscal year in which the | ||||||
21 | catch-up billing was issued or by increasing an authorized | ||||||
22 | inter-fund transfer during the current fiscal year. For the | ||||||
23 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
24 | without the use of the voucher-warrant process, as authorized | ||||||
25 | by Section 9.01 of the State Comptroller Act. | ||||||
26 | (i-1) Beginning on July 1, 2021, all outstanding |
| |||||||
| |||||||
1 | liabilities, not payable during the 4-month lapse period as | ||||||
2 | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) | ||||||
3 | of this Section, that are made from appropriations for that | ||||||
4 | purpose for any fiscal year, without regard to the fact that | ||||||
5 | the services being compensated for by those payments may have | ||||||
6 | been rendered in a prior fiscal year, are limited to only those | ||||||
7 | claims that have been incurred but for which a proper bill or | ||||||
8 | invoice as defined by the State Prompt Payment Act has not been | ||||||
9 | received by September 30th following the end of the fiscal | ||||||
10 | year in which the service was rendered. | ||||||
11 | (j) Notwithstanding any other provision of this Act, the | ||||||
12 | aggregate amount of payments to be made without regard for | ||||||
13 | fiscal year limitations as contained in subsections (b-1), | ||||||
14 | (b-3), (b-4), (b-5), and (c) of this Section, and determined | ||||||
15 | by using Generally Accepted Accounting Principles, shall not | ||||||
16 | exceed the following amounts: | ||||||
17 | (1) $6,000,000,000 for outstanding liabilities related | ||||||
18 | to fiscal year 2012; | ||||||
19 | (2) $5,300,000,000 for outstanding liabilities related | ||||||
20 | to fiscal year 2013; | ||||||
21 | (3) $4,600,000,000 for outstanding liabilities related | ||||||
22 | to fiscal year 2014; | ||||||
23 | (4) $4,000,000,000 for outstanding liabilities related | ||||||
24 | to fiscal year 2015; | ||||||
25 | (5) $3,300,000,000 for outstanding liabilities related | ||||||
26 | to fiscal year 2016; |
| |||||||
| |||||||
1 | (6) $2,600,000,000 for outstanding liabilities related | ||||||
2 | to fiscal year 2017; | ||||||
3 | (7) $2,000,000,000 for outstanding liabilities related | ||||||
4 | to fiscal year 2018; | ||||||
5 | (8) $1,300,000,000 for outstanding liabilities related | ||||||
6 | to fiscal year 2019; | ||||||
7 | (9) $600,000,000 for outstanding liabilities related | ||||||
8 | to fiscal year 2020; and | ||||||
9 | (10) $0 for outstanding liabilities related to fiscal | ||||||
10 | year 2021 and fiscal years thereafter. | ||||||
11 | (k) Department of Healthcare and Family Services Medical | ||||||
12 | Assistance Payments. | ||||||
13 | (1) Definition of Medical Assistance. | ||||||
14 | For purposes of this subsection, the term "Medical | ||||||
15 | Assistance" shall include, but not necessarily be | ||||||
16 | limited to, medical programs and services authorized | ||||||
17 | under Titles XIX and XXI of the Social Security Act, | ||||||
18 | the Illinois Public Aid Code, the Children's Health | ||||||
19 | Insurance Program Act, the Covering ALL KIDS Health | ||||||
20 | Insurance Act, the Long Term Acute Care Hospital | ||||||
21 | Quality Improvement Transfer Program Act, and medical | ||||||
22 | care to or on behalf of persons suffering from chronic | ||||||
23 | renal disease, persons suffering from hemophilia, and | ||||||
24 | victims of sexual assault. | ||||||
25 | (2) Limitations on Medical Assistance payments that | ||||||
26 | may be paid from future fiscal year appropriations. |
| |||||||
| |||||||
1 | (A) The maximum amounts of annual unpaid Medical | ||||||
2 | Assistance bills received and recorded by the | ||||||
3 | Department of Healthcare and Family Services on or | ||||||
4 | before June 30th of a particular fiscal year | ||||||
5 | attributable in aggregate to the General Revenue Fund, | ||||||
6 | Healthcare Provider Relief Fund, Tobacco Settlement | ||||||
7 | Recovery Fund, Long-Term Care Provider Fund, and the | ||||||
8 | Drug Rebate Fund that may be paid in total by the | ||||||
9 | Department from future fiscal year Medical Assistance | ||||||
10 | appropriations to those funds are: $700,000,000 for | ||||||
11 | fiscal year 2013 and $100,000,000 for fiscal year 2014 | ||||||
12 | and each fiscal year thereafter. | ||||||
13 | (B) Bills for Medical Assistance services rendered | ||||||
14 | in a particular fiscal year, but received and recorded | ||||||
15 | by the Department of Healthcare and Family Services | ||||||
16 | after June 30th of that fiscal year, may be paid from | ||||||
17 | either appropriations for that fiscal year or future | ||||||
18 | fiscal year appropriations for Medical Assistance. | ||||||
19 | Such payments shall not be subject to the requirements | ||||||
20 | of subparagraph (A). | ||||||
21 | (C) Medical Assistance bills received by the | ||||||
22 | Department of Healthcare and Family Services in a | ||||||
23 | particular fiscal year, but subject to payment amount | ||||||
24 | adjustments in a future fiscal year may be paid from a | ||||||
25 | future fiscal year's appropriation for Medical | ||||||
26 | Assistance. Such payments shall not be subject to the |
| |||||||
| |||||||
1 | requirements of subparagraph (A). | ||||||
2 | (D) Medical Assistance payments made by the | ||||||
3 | Department of Healthcare and Family Services from | ||||||
4 | funds other than those specifically referenced in | ||||||
5 | subparagraph (A) may be made from appropriations for | ||||||
6 | those purposes for any fiscal year without regard to | ||||||
7 | the fact that the Medical Assistance services being | ||||||
8 | compensated for by such payment may have been rendered | ||||||
9 | in a prior fiscal year. Such payments shall not be | ||||||
10 | subject to the requirements of subparagraph (A). | ||||||
11 | (3) Extended lapse period for Department of Healthcare | ||||||
12 | and Family Services Medical Assistance payments. | ||||||
13 | Notwithstanding any other State law to the contrary, | ||||||
14 | outstanding Department of Healthcare and Family Services | ||||||
15 | Medical Assistance liabilities, as of June 30th, payable | ||||||
16 | from appropriations which have otherwise expired, may be | ||||||
17 | paid out of the expiring appropriations during the 4-month | ||||||
18 | period ending at the close of business on October 31st. | ||||||
19 | (l) The changes to this Section made by Public Act 97-691 | ||||||
20 | shall be effective for payment of Medical Assistance bills | ||||||
21 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
22 | changes to this Section made by Public Act 97-691 shall not be | ||||||
23 | applied to Medical Assistance bills incurred in fiscal year | ||||||
24 | 2012 or prior fiscal years. | ||||||
25 | (m) The Comptroller must issue payments against | ||||||
26 | outstanding liabilities that were received prior to the lapse |
| |||||||
| |||||||
1 | period deadlines set forth in this Section as soon thereafter | ||||||
2 | as practical, but no payment may be issued after the 4 months | ||||||
3 | following the lapse period deadline without the signed | ||||||
4 | authorization of the Comptroller and the Governor or as | ||||||
5 | provided by Section 18 of the Court of Claims Act . | ||||||
6 | (Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21; | ||||||
7 | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. | ||||||
8 | 6-7-23.)
| ||||||
9 | Section 15. The State Prompt Payment Act is amended by | ||||||
10 | changing Sections 1, 3-2, 3-3, 3-4, 3-5, 3-6, 5, and 7 as | ||||||
11 | follows:
| ||||||
12 | (30 ILCS 540/1) (from Ch. 127, par. 132.401) | ||||||
13 | Sec. 1. This Act applies to any State official or agency | ||||||
14 | authorized to provide for payment from State funds, by virtue | ||||||
15 | of any appropriation of the General Assembly, for goods or | ||||||
16 | services furnished to the State. | ||||||
17 | For purposes of this Act, "goods or services furnished to | ||||||
18 | the State" include but are not limited to (i) covered health | ||||||
19 | care provided to eligible members and their covered dependents | ||||||
20 | in accordance with the State Employees Group Insurance Act of | ||||||
21 | 1971, including coverage through a physician-owned health | ||||||
22 | maintenance organization under Section 6.1 of that Act, (ii) | ||||||
23 | prevention, intervention, or treatment services and supports | ||||||
24 | for persons with developmental disabilities, mental health |
| |||||||
| |||||||
1 | services, alcohol and substance abuse services, rehabilitation | ||||||
2 | services, and early intervention services provided by a | ||||||
3 | vendor, and (iii) prevention, intervention, or treatment | ||||||
4 | services and supports for youth provided by a vendor by virtue | ||||||
5 | of a contractual grant agreement. For the purposes of items | ||||||
6 | (ii) and (iii), a vendor includes but is not limited to sellers | ||||||
7 | of goods and services, including community-based organizations | ||||||
8 | that are licensed to provide prevention, intervention, or | ||||||
9 | treatment services and supports for persons with developmental | ||||||
10 | disabilities, mental illness, and substance abuse problems, or | ||||||
11 | that provides prevention, intervention, or treatment services | ||||||
12 | and supports for youth . | ||||||
13 | For the purposes of this Act, "appropriate State official | ||||||
14 | or agency" is defined as the Director or Chief Executive or his | ||||||
15 | designee of that State agency or department or facility of | ||||||
16 | such agency or department. With respect to covered health care | ||||||
17 | provided to eligible members and their dependents in | ||||||
18 | accordance with the State Employees Group Insurance Act of | ||||||
19 | 1971, "appropriate State official or agency" also includes an | ||||||
20 | administrator of a program of health benefits under that Act. | ||||||
21 | As used in this Act, "eligible member" means a member who | ||||||
22 | is eligible for health benefits under the State Employees | ||||||
23 | Group Insurance Act of 1971, and "member" and "dependent" have | ||||||
24 | the meanings ascribed to those terms in that Act. | ||||||
25 | As used in this Act, "a proper bill or invoice" means a | ||||||
26 | bill or invoice, including, but not limited to, an invoice |
| |||||||
| |||||||
1 | issued under a contractual grant agreement, that includes the | ||||||
2 | information necessary for processing the payment as may be | ||||||
3 | specified by a State agency and in rules adopted in accordance | ||||||
4 | with this Act. Beginning on and after July 1, 2021, "a proper | ||||||
5 | bill or invoice" shall also include the names of all | ||||||
6 | subcontractors or subconsultants to be paid from the bill or | ||||||
7 | invoice and the amounts due to each of them, if any. | ||||||
8 | (Source: P.A. 100-549, eff. 1-1-18; 101-524, eff. 1-1-20 .)
| ||||||
9 | (30 ILCS 540/3-2) | ||||||
10 | Sec. 3-2. Beginning July 1, 1993, in any instance where a | ||||||
11 | State official or agency is late in payment of a vendor's bill | ||||||
12 | or invoice for goods or services furnished to the State, as | ||||||
13 | defined in Section 1, properly approved in accordance with | ||||||
14 | rules promulgated under Section 3-3, the State official or | ||||||
15 | agency shall pay interest to the vendor in accordance with the | ||||||
16 | following: | ||||||
17 | (1) (Blank). Any bill, except a bill submitted under | ||||||
18 | Article V of the Illinois Public Aid Code and except as | ||||||
19 | provided under paragraph (1.05) of this Section, approved | ||||||
20 | for payment under this Section must be paid or the payment | ||||||
21 | issued to the payee within 60 days of receipt of a proper | ||||||
22 | bill or invoice. If payment is not issued to the payee | ||||||
23 | within this 60-day period, an interest penalty of 1.0% of | ||||||
24 | any amount approved and unpaid shall be added for each | ||||||
25 | month or fraction thereof after the end of this 60-day |
| |||||||
| |||||||
1 | period, until final payment is made. Any bill, except a | ||||||
2 | bill for pharmacy or nursing facility services or goods, | ||||||
3 | and except as provided under paragraph (1.05) of this | ||||||
4 | Section, submitted under Article V of the Illinois Public | ||||||
5 | Aid Code approved for payment under this Section must be | ||||||
6 | paid or the payment issued to the payee within 60 days | ||||||
7 | after receipt of a proper bill or invoice, and, if payment | ||||||
8 | is not issued to the payee within this 60-day period, an | ||||||
9 | interest penalty of 2.0% of any amount approved and unpaid | ||||||
10 | shall be added for each month or fraction thereof after | ||||||
11 | the end of this 60-day period, until final payment is | ||||||
12 | made. Any bill for pharmacy or nursing facility services | ||||||
13 | or goods submitted under Article V of the Illinois Public | ||||||
14 | Aid Code, except as provided under paragraph (1.05) of | ||||||
15 | this Section, and approved for payment under this Section | ||||||
16 | must be paid or the payment issued to the payee within 60 | ||||||
17 | days of receipt of a proper bill or invoice. If payment is | ||||||
18 | not issued to the payee within this 60-day period, an | ||||||
19 | interest penalty of 1.0% of any amount approved and unpaid | ||||||
20 | shall be added for each month or fraction thereof after | ||||||
21 | the end of this 60-day period, until final payment is | ||||||
22 | made. | ||||||
23 | (1.05) Except as provided in paragraph (3) of this | ||||||
24 | Section, for For State fiscal years year 2012 through 2024 | ||||||
25 | and future fiscal years , any bill approved for payment | ||||||
26 | under this Section must be paid or the payment issued to |
| |||||||
| |||||||
1 | the payee within 90 days of receipt of a proper bill or | ||||||
2 | invoice. If payment is not issued to the payee within this | ||||||
3 | 90-day period, an interest penalty of 1.0% of any amount | ||||||
4 | approved and unpaid shall be added for each month, or | ||||||
5 | 0.033% (one-thirtieth of one percent) of any amount | ||||||
6 | approved and unpaid for each day, after the end of this | ||||||
7 | 90-day period, until final payment is made. | ||||||
8 | For State fiscal year 2025 and future fiscal years, | ||||||
9 | any bill approved for payment under this Section must be | ||||||
10 | paid or the payment issued to the payee within 45 days of | ||||||
11 | receipt of a proper bill or invoice. If payment is not | ||||||
12 | issued to the payee within this 45-day period, an interest | ||||||
13 | penalty of 1.0% of any amount approved and unpaid shall be | ||||||
14 | added for each month, or 0.033% (one-thirtieth of one | ||||||
15 | percent) of any amount approved and unpaid for each day, | ||||||
16 | after the end of this 45-day period, until final payment | ||||||
17 | is made. | ||||||
18 | (1.1) A State agency shall review in a timely manner | ||||||
19 | each bill or invoice within 30 days after its receipt. If | ||||||
20 | the State agency determines that the bill or invoice | ||||||
21 | contains a defect making it unable to process the payment | ||||||
22 | request, the agency shall notify the vendor requesting | ||||||
23 | payment as soon as possible after discovering the defect | ||||||
24 | pursuant to rules promulgated under Section 3-3; provided, | ||||||
25 | however, that the notice for construction related bills or | ||||||
26 | invoices must be given not later than 30 days after the |
| |||||||
| |||||||
1 | bill or invoice was first submitted. The notice shall | ||||||
2 | identify the defect and any additional information | ||||||
3 | necessary to correct the defect. If one or more items on a | ||||||
4 | construction related bill or invoice are disapproved, but | ||||||
5 | not the entire bill or invoice, then the portion that is | ||||||
6 | not disapproved shall be paid in accordance with the | ||||||
7 | requirements of this Act . | ||||||
8 | (2) Where a State official or agency is late in | ||||||
9 | payment of a vendor's bill or invoice properly approved in | ||||||
10 | accordance with this Act, and different late payment terms | ||||||
11 | are not reduced to writing as a contractual agreement, the | ||||||
12 | State official or agency shall automatically pay interest | ||||||
13 | penalties required by this Section amounting to $50 or | ||||||
14 | more to the appropriate vendor. Each agency shall be | ||||||
15 | responsible for determining whether an interest penalty is | ||||||
16 | owed and for paying the interest to the vendor. Except as | ||||||
17 | provided in paragraph (4), an individual interest payment | ||||||
18 | amounting to $5 or less shall not be paid by the State. | ||||||
19 | Interest due to a vendor that amounts to greater than $5 | ||||||
20 | and less than $50 shall not be paid but shall be accrued | ||||||
21 | until all interest due the vendor for all similar warrants | ||||||
22 | exceeds $50, at which time the accrued interest shall be | ||||||
23 | payable and interest will begin accruing again, except | ||||||
24 | that interest accrued as of the end of the fiscal year that | ||||||
25 | does not exceed $50 shall be payable at that time. In the | ||||||
26 | event an individual has paid a vendor for services in |
| |||||||
| |||||||
1 | advance, the provisions of this Section shall apply until | ||||||
2 | payment is made to that individual. | ||||||
3 | (3) The provisions of Public Act 96-1501 reducing the | ||||||
4 | interest rate on pharmacy claims under Article V of the | ||||||
5 | Illinois Public Aid Code to 1.0% per month shall apply to | ||||||
6 | any pharmacy bills for services and goods under Article V | ||||||
7 | of the Illinois Public Aid Code received on or after the | ||||||
8 | date 60 days before January 25, 2011 (the effective date | ||||||
9 | of Public Act 96-1501) except as provided under paragraph | ||||||
10 | (1.05) of this Section. | ||||||
11 | (4) Interest amounting to less than $5 shall not be | ||||||
12 | paid by the State, except for claims (i) to the Department | ||||||
13 | of Healthcare and Family Services or the Department of | ||||||
14 | Human Services, (ii) pursuant to Article V of the Illinois | ||||||
15 | Public Aid Code, the Covering ALL KIDS Health Insurance | ||||||
16 | Act, or the Children's Health Insurance Program Act, and | ||||||
17 | (iii) made (A) by pharmacies for prescriptive services or | ||||||
18 | (B) by any federally qualified health center for | ||||||
19 | prescriptive services or any other services. | ||||||
20 | Notwithstanding any provision to the contrary, interest | ||||||
21 | may not be paid under this Act when: (1) a Chief Procurement | ||||||
22 | Officer has voided the underlying contract for goods or | ||||||
23 | services under Article 50 of the Illinois Procurement Code; or | ||||||
24 | (2) the Auditor General is conducting a performance or program | ||||||
25 | audit and the Comptroller has held or is holding for review a | ||||||
26 | related contract or vouchers for payment of goods or services |
| |||||||
| |||||||
1 | in the exercise of duties under Section 9 of the State | ||||||
2 | Comptroller Act. In such event, interest shall not accrue | ||||||
3 | during the pendency of the Auditor General's review. | ||||||
4 | (Source: P.A. 100-1064, eff. 8-24-18.)
| ||||||
5 | (30 ILCS 540/3-3) (from Ch. 127, par. 132.403-3) | ||||||
6 | Sec. 3-3. The State Comptroller and the Department of | ||||||
7 | Central Management Services shall jointly promulgate rules and | ||||||
8 | policies to govern the uniform application of this Act. These | ||||||
9 | rules and policies shall include procedures and time frames | ||||||
10 | for approving a bill or invoice from a vendor for goods or | ||||||
11 | services furnished to the State. Those rules shall require | ||||||
12 | that action to approve or reject a bill or invoice shall be | ||||||
13 | taken not more than 30 days after receiving the bill or invoice | ||||||
14 | from the vendor. These rules and policies shall provide for | ||||||
15 | procedures and time frames applicable to payment plans as may | ||||||
16 | be agreed upon between State agencies and vendors. These rules | ||||||
17 | and policies shall be binding on all officials and agencies | ||||||
18 | under this Act's jurisdiction. These rules and policies may be | ||||||
19 | made effective no earlier than July 1, 1993. | ||||||
20 | (Source: P.A. 92-384, eff. 7-1-02.)
| ||||||
21 | (30 ILCS 540/3-4) | ||||||
22 | Sec. 3-4. The State Comptroller must specify the manner in | ||||||
23 | which State agencies shall record interest penalty payments | ||||||
24 | made under this Act. The State Comptroller may require |
| |||||||
| |||||||
1 | vouchers submitted for payment, including submission by | ||||||
2 | electronic or other means approved by the Comptroller, to | ||||||
3 | indicate the appropriate date from which interest penalties | ||||||
4 | may be calculated as required under this Act. The date from | ||||||
5 | which interest penalties for late payments may be calculated | ||||||
6 | may be the effective date of the grant, if work included in the | ||||||
7 | grant agreement began on or after the effective date of the | ||||||
8 | grant. | ||||||
9 | (Source: P.A. 92-384, eff. 7-1-02.)
| ||||||
10 | (30 ILCS 540/3-5) | ||||||
11 | Sec. 3-5. Budget Stabilization Fund; insufficient | ||||||
12 | appropriation. If an agency incurs an interest liability under | ||||||
13 | this Act that is ordinarily payable from the Budget | ||||||
14 | Stabilization Fund, but the agency has insufficient | ||||||
15 | appropriation authority from the Budget Stabilization Fund to | ||||||
16 | make the interest payment at the time the interest payment is | ||||||
17 | due, the agency is authorized to pay the interest from its | ||||||
18 | available appropriations from any funding source the General | ||||||
19 | Revenue Fund . | ||||||
20 | (Source: P.A. 100-23, eff. 7-6-17.)
| ||||||
21 | (30 ILCS 540/3-6) | ||||||
22 | Sec. 3-6. Federal funds; lack of authority. If an agency | ||||||
23 | incurs an interest liability under this Act that cannot be | ||||||
24 | charged to the same expenditure authority account to which the |
| |||||||
| |||||||
1 | related goods or services were charged due to federal | ||||||
2 | prohibitions, the agency is authorized to pay the interest | ||||||
3 | from its available appropriations from any funding source the | ||||||
4 | General Revenue Fund . | ||||||
5 | (Source: P.A. 100-587, eff. 6-4-18.)
| ||||||
6 | (30 ILCS 540/5) (from Ch. 127, par. 132.405) | ||||||
7 | Sec. 5. The State remittance and the grant agreement shall | ||||||
8 | indicate that payment of interest may be available for failure | ||||||
9 | to comply with this Act. | ||||||
10 | (Source: P.A. 92-384, eff. 7-1-02.)
| ||||||
11 | (30 ILCS 540/7) (from Ch. 127, par. 132.407) | ||||||
12 | Sec. 7. Payments to subcontractors and material suppliers. | ||||||
13 | (a) When a State official or agency responsible for | ||||||
14 | administering a contract receives a bill or invoice from a | ||||||
15 | contractor, that State official or agency shall electronically | ||||||
16 | confirm the date on which the bill or invoice was received | ||||||
17 | within 5 business days of receipt, and shall transmit any | ||||||
18 | approved amount to the Comptroller within 30 days of receipt. | ||||||
19 | (a-1) When a State official or agency responsible for | ||||||
20 | administering a contract submits a voucher to the Comptroller | ||||||
21 | for payment to a contractor, that State official or agency | ||||||
22 | shall promptly make available electronically the voucher | ||||||
23 | number, the date of the voucher, and the amount of the voucher | ||||||
24 | within 5 business days of submitting the voucher to the |
| |||||||
| |||||||
1 | Comptroller . The State official or agency responsible for | ||||||
2 | administering the contract shall provide subcontractors and | ||||||
3 | material suppliers, known to the State official or agency, | ||||||
4 | with instructions on how to access the electronic information | ||||||
5 | on the Comptroller's website . | ||||||
6 | (a-5) When a contractor receives any payment, the | ||||||
7 | contractor shall pay each subcontractor and material supplier | ||||||
8 | electronically within 10 business days or 15 calendar days, | ||||||
9 | whichever occurs earlier, or, if paid by a printed check, the | ||||||
10 | printed check must be postmarked within 10 business days or 15 | ||||||
11 | calendar days, whichever occurs earlier, after receiving | ||||||
12 | payment in proportion to the work completed by each | ||||||
13 | subcontractor and material supplier its application or pay | ||||||
14 | estimate, plus interest received under this Act. When a | ||||||
15 | contractor receives any payment, the contractor shall pay each | ||||||
16 | lower-tiered subcontractor and material supplier and each | ||||||
17 | subcontractor and material supplier shall make payment to its | ||||||
18 | own respective subcontractors and material suppliers. If the | ||||||
19 | contractor receives less than the full payment due under the | ||||||
20 | public construction contract, the contractor shall be | ||||||
21 | obligated to disburse on a pro rata basis those funds | ||||||
22 | received, plus interest received under this Act, with the | ||||||
23 | contractor, subcontractors and material suppliers each | ||||||
24 | receiving a prorated portion based on the amount of payment | ||||||
25 | each has earned. When, however, the State official or agency | ||||||
26 | does not release the full payment due under the contract |
| |||||||
| |||||||
1 | because there are specific areas of work or materials the | ||||||
2 | State agency or official has determined are not suitable for | ||||||
3 | payment, then those specific subcontractors or material | ||||||
4 | suppliers involved shall not be paid for that portion of work | ||||||
5 | rejected or deemed not suitable for payment and all other | ||||||
6 | subcontractors and suppliers shall be paid based upon the | ||||||
7 | amount of payment each has earned, plus interest received | ||||||
8 | under this Act. | ||||||
9 | (a-10) For construction contracts with the Department of | ||||||
10 | Transportation, the contractor, subcontractor, or material | ||||||
11 | supplier, regardless of tier, shall not offset, decrease, or | ||||||
12 | diminish payment or payments that are due to its | ||||||
13 | subcontractors or material suppliers without reasonable cause. | ||||||
14 | A contractor, who refuses to make prompt payment within 10 | ||||||
15 | business days or 15 calendar days, whichever occurs earlier, | ||||||
16 | after receiving payment, in whole or in part, shall provide to | ||||||
17 | the subcontractor or material supplier and the public owner or | ||||||
18 | its agent, a written notice of that refusal. The written | ||||||
19 | notice shall be made by a contractor no later than 5 calendar | ||||||
20 | days after payment is received by the contractor. The written | ||||||
21 | notice shall identify the Department of Transportation's | ||||||
22 | contract, any subcontract or material purchase agreement, a | ||||||
23 | detailed reason for refusal, the value of the payment to be | ||||||
24 | withheld, and the specific remedial actions required of the | ||||||
25 | subcontractor or material supplier so that payment may be | ||||||
26 | made. Written notice of refusal may be given in a form and |
| |||||||
| |||||||
1 | method which is acceptable to the parties and public owner. | ||||||
2 | (b) If the contractor, without reasonable cause, fails to | ||||||
3 | make full payment of amounts due under subsection (a) to its | ||||||
4 | subcontractors and material suppliers within 10 business days | ||||||
5 | or 15 calendar days, whichever occurs earlier, after receipt | ||||||
6 | of payment from the State official or agency, the contractor | ||||||
7 | shall pay to its subcontractors and material suppliers, in | ||||||
8 | addition to the payment due them, interest in the amount of 2% | ||||||
9 | per month, calculated from the expiration of the | ||||||
10 | 10-business-day period or the 15-calendar-day period until | ||||||
11 | fully paid. This subsection shall further apply to any | ||||||
12 | payments made by subcontractors and material suppliers to | ||||||
13 | their subcontractors and material suppliers and to all | ||||||
14 | payments made to lower tier subcontractors and material | ||||||
15 | suppliers throughout the contracting chain. | ||||||
16 | (1) If a contractor, without reasonable cause, fails | ||||||
17 | to make payment in full as provided in subsection (a-5) | ||||||
18 | within 10 business days or 15 calendar days, whichever | ||||||
19 | occurs earlier, after receipt of payment under the public | ||||||
20 | construction contract, any subcontractor or material | ||||||
21 | supplier to whom payments are owed may file a written | ||||||
22 | notice and request for administrative hearing with the | ||||||
23 | State official or agency setting forth the amount owed by | ||||||
24 | the contractor and the contractor's failure to timely pay | ||||||
25 | the amount owed. The written notice and request for | ||||||
26 | administrative hearing shall identify the public |
| |||||||
| |||||||
1 | construction contract, the contractor, and the amount | ||||||
2 | owed, and shall contain a sworn statement or attestation | ||||||
3 | to verify the accuracy of the notice. The notice and | ||||||
4 | request for administrative hearing shall be filed with the | ||||||
5 | State official for the public construction contract, with | ||||||
6 | a copy of the notice concurrently provided to the | ||||||
7 | contractor. Notice to the State official may be made by | ||||||
8 | certified or registered mail, messenger service, or | ||||||
9 | personal service, and must include proof of delivery to | ||||||
10 | the State official. | ||||||
11 | (2) The State official or agency, within 15 calendar | ||||||
12 | days after receipt of a subcontractor's or material | ||||||
13 | supplier's written notice and request for administrative | ||||||
14 | hearing, shall hold a hearing convened by an | ||||||
15 | administrative law judge to determine whether the | ||||||
16 | contractor withheld payment, without reasonable cause, | ||||||
17 | from the subcontractors or material suppliers and what | ||||||
18 | amount, if any, is due to the subcontractors or material | ||||||
19 | suppliers, and the reasonable cause or causes asserted by | ||||||
20 | the contractor. The State official or agency shall provide | ||||||
21 | appropriate notice to the parties of the date, time, and | ||||||
22 | location of the hearing. Each contractor, subcontractor, | ||||||
23 | or material supplier has the right to be represented by | ||||||
24 | counsel at a hearing and to cross-examine witnesses and | ||||||
25 | challenge documents. Upon the request of the subcontractor | ||||||
26 | or material supplier and a showing of good cause, |
| |||||||
| |||||||
1 | reasonable continuances may be granted by the | ||||||
2 | administrative law judge. | ||||||
3 | (3) Upon a finding by the administrative law judge | ||||||
4 | that the contractor failed to make payment in full, | ||||||
5 | without reasonable cause, as provided in subsection | ||||||
6 | (a-10), then the administrative law judge shall, in | ||||||
7 | writing, order the contractor to pay the amount owed to | ||||||
8 | the subcontractors or material suppliers plus interest | ||||||
9 | within 15 calendar days after the order. | ||||||
10 | (4) If a contractor fails to make full payment as | ||||||
11 | ordered under paragraph (3) of this subsection (b) within | ||||||
12 | 15 days after the administrative law judge's order, then | ||||||
13 | the contractor shall be barred from entering into a State | ||||||
14 | public construction contract for a period of one year | ||||||
15 | beginning on the date of the administrative law judge's | ||||||
16 | order. | ||||||
17 | (5) If, on 2 or more occasions within a | ||||||
18 | 3-calendar-year period, there is a finding by an | ||||||
19 | administrative law judge that the contractor failed to | ||||||
20 | make payment in full, without reasonable cause, and a | ||||||
21 | written order was issued to a contractor under paragraph | ||||||
22 | (3) of this subsection (b), then the contractor shall be | ||||||
23 | barred from entering into a State public construction | ||||||
24 | contract for a period of 6 months beginning on the date of | ||||||
25 | the administrative law judge's second written order, even | ||||||
26 | if the payments required under the orders were made in |
| |||||||
| |||||||
1 | full. | ||||||
2 | (6) If a contractor fails to make full payment as | ||||||
3 | ordered under paragraph (4) of this subsection (b), the | ||||||
4 | subcontractor or material supplier may, within 30 days of | ||||||
5 | the date of that order, petition the State agency for an | ||||||
6 | order for reasonable attorney's fees and costs incurred in | ||||||
7 | the prosecution of the action under this subsection (b). | ||||||
8 | Upon that petition and taking of additional evidence, as | ||||||
9 | may be required, the administrative law judge may issue a | ||||||
10 | supplemental order directing the contractor to pay those | ||||||
11 | reasonable attorney's fees and costs. | ||||||
12 | (7) The written order of the administrative law judge | ||||||
13 | shall be final and appealable under the Administrative | ||||||
14 | Review Law. | ||||||
15 | (b-5) On or before July 2021, the Department of | ||||||
16 | Transportation shall publish on its website a searchable | ||||||
17 | database that allows for queries for each active construction | ||||||
18 | contract by the name of a subcontractor or the pay item such | ||||||
19 | that each pay item is associated with either the prime | ||||||
20 | contractor or a subcontractor. | ||||||
21 | (c) This Section shall not be construed to in any manner | ||||||
22 | diminish, negate, or interfere with the | ||||||
23 | contractor-subcontractor or contractor-material supplier | ||||||
24 | relationship or commercially useful function. | ||||||
25 | (d) This Section shall not preclude, bar, or stay the | ||||||
26 | rights, remedies, and defenses available to the parties by way |
| |||||||
| |||||||
1 | of the operation of their contract, purchase agreement, the | ||||||
2 | Mechanics Lien Act, or the Public Construction Bond Act. | ||||||
3 | (e) State officials and agencies may adopt rules as may be | ||||||
4 | deemed necessary in order to establish the formal procedures | ||||||
5 | required under this Section. | ||||||
6 | (f) As used in this Section: | ||||||
7 | "Payment" means the discharge of an obligation in money or | ||||||
8 | other valuable consideration or thing delivered in full or | ||||||
9 | partial satisfaction of an obligation to pay. "Payment" shall | ||||||
10 | include interest paid pursuant to this Act. | ||||||
11 | "Reasonable cause" may include, but is not limited to, | ||||||
12 | unsatisfactory workmanship or materials; failure to provide | ||||||
13 | documentation required by the contract, subcontract, or | ||||||
14 | material purchase agreement; claims made against the | ||||||
15 | Department of Transportation or the subcontractor pursuant to | ||||||
16 | subsection (c) of Section 23 of the Mechanics Lien Act or the | ||||||
17 | Public Construction Bond Act; judgments, levies, garnishments, | ||||||
18 | or other court-ordered assessments or offsets in favor of the | ||||||
19 | Department of Transportation or other State agency entered | ||||||
20 | against a subcontractor or material supplier. "Reasonable | ||||||
21 | cause" does not include payments issued to the contractor that | ||||||
22 | create a negative or reduced valuation pay application or pay | ||||||
23 | estimate due to a reduction of contract quantities or work not | ||||||
24 | performed or provided by the subcontractor or material | ||||||
25 | supplier; the interception or withholding of funds for reasons | ||||||
26 | not related to the subcontractor's or material supplier's work |
| |||||||
| |||||||
1 | on the contract; anticipated claims or assessments of third | ||||||
2 | parties not a party related to the contract or subcontract; | ||||||
3 | asserted claims or assessments of third parties that are not | ||||||
4 | authorized by court order, administrative tribunal, or | ||||||
5 | statute. "Reasonable cause" further does not include the | ||||||
6 | withholding, offset, or reduction of payment, in whole or in | ||||||
7 | part, due to the assessment of liquidated damages or penalties | ||||||
8 | assessed by the Department of Transportation against the | ||||||
9 | contractor, unless the subcontractor's performance or supplied | ||||||
10 | materials were the sole and proximate cause of the liquidated | ||||||
11 | damage or penalty. | ||||||
12 | (Source: P.A. 100-43, eff. 8-9-17; 100-376, eff. 1-1-18; | ||||||
13 | 100-863, eff. 8-14-18; 101-524, eff. 1-1-20 .)
| ||||||
14 | Section 20. The Grant Accountability and Transparency Act | ||||||
15 | is amended by changing Sections 15, 25, 30, 50, 65, 97, and 125 | ||||||
16 | and by adding Section 135 as follows:
| ||||||
17 | (30 ILCS 708/15) | ||||||
18 | Sec. 15. Definitions. As used in this Act: | ||||||
19 | "Administrative costs" has the same meaning as given to | ||||||
20 | that term in 20 CFR 641.856. | ||||||
21 | "Allowable cost" means a cost allowable to a project if: | ||||||
22 | (1) the costs are reasonable and necessary for the | ||||||
23 | performance of the award; | ||||||
24 | (2) the costs are allocable to the specific project; |
| |||||||
| |||||||
1 | (3) the costs are treated consistently in like | ||||||
2 | circumstances to both federally-financed and other | ||||||
3 | activities of the non-federal entity; | ||||||
4 | (4) the costs conform to any limitations of the cost | ||||||
5 | principles or the sponsored agreement; | ||||||
6 | (5) the costs are accorded consistent treatment; a | ||||||
7 | cost may not be assigned to a State or federal award as a | ||||||
8 | direct cost if any other cost incurred for the same | ||||||
9 | purpose in like circumstances has been allocated to the | ||||||
10 | award as an indirect cost; | ||||||
11 | (6) the costs are determined to be in accordance with | ||||||
12 | generally accepted accounting principles; | ||||||
13 | (7) the costs are not included as a cost or used to | ||||||
14 | meet federal cost-sharing or matching requirements of any | ||||||
15 | other program in either the current or prior period; | ||||||
16 | (8) the costs of one State or federal grant are not | ||||||
17 | used to meet the match requirements of another State or | ||||||
18 | federal grant; and | ||||||
19 | (9) the costs are adequately documented. | ||||||
20 | "Assistance listing" means the database that helps the | ||||||
21 | federal government track all programs it has domestically | ||||||
22 | funded. | ||||||
23 | "Assistance listing number" or "ALN" means the number | ||||||
24 | assigned to a federal program in the assistance listing. | ||||||
25 | "Auditee" means any non-federal entity that expends State | ||||||
26 | or federal awards that must be audited. |
| |||||||
| |||||||
1 | "Auditor" means an auditor who is a public accountant or a | ||||||
2 | federal, State, or local government audit organization that | ||||||
3 | meets the general standards specified in generally-accepted | ||||||
4 | government auditing standards. "Auditor" does not include | ||||||
5 | internal auditors of not-for-profit nonprofit organizations. | ||||||
6 | "Auditor General" means the Auditor General of the State | ||||||
7 | of Illinois. | ||||||
8 | "Award" means financial assistance that provides support | ||||||
9 | or stimulation to accomplish a public purpose. "Awards" | ||||||
10 | include grants and other agreements in the form of money, or | ||||||
11 | property in lieu of money, by the State or federal government | ||||||
12 | to an eligible recipient. "Award" does not include: technical | ||||||
13 | assistance that provides services instead of money; other | ||||||
14 | assistance in the form of loans, loan guarantees, interest | ||||||
15 | subsidies, or insurance; direct payments of any kind to | ||||||
16 | individuals; or contracts that must be entered into and | ||||||
17 | administered under State or federal procurement laws and | ||||||
18 | regulations. | ||||||
19 | "Budget" means the financial plan for the project or | ||||||
20 | program that the awarding agency or pass-through entity | ||||||
21 | approves during the award process or in subsequent amendments | ||||||
22 | to the award. It may include the State or federal and | ||||||
23 | non-federal share or only the State or federal share, as | ||||||
24 | determined by the awarding agency or pass-through entity. | ||||||
25 | "Catalog of Federal Domestic Assistance" or "CFDA" means a | ||||||
26 | database that helps the federal government track all programs |
| |||||||
| |||||||
1 | it has domestically funded. | ||||||
2 | "Catalog of Federal Domestic Assistance number" or "CFDA | ||||||
3 | number" means the number assigned to a federal program in the | ||||||
4 | CFDA. | ||||||
5 | "Catalog of State Financial Assistance" means the single, | ||||||
6 | authoritative, statewide, comprehensive source document of | ||||||
7 | State financial assistance program information maintained by | ||||||
8 | the Governor's Office of Management and Budget. | ||||||
9 | "Catalog of State Financial Assistance Number" means the | ||||||
10 | number assigned to a State program in the Catalog of State | ||||||
11 | Financial Assistance. The first 3 digits represent the State | ||||||
12 | agency number and the last 4 digits represent the program. | ||||||
13 | "Cluster of programs" means a grouping of closely related | ||||||
14 | programs that share common compliance requirements. The types | ||||||
15 | of clusters of programs are research and development, student | ||||||
16 | financial aid, and other clusters. A "cluster of programs" | ||||||
17 | shall be considered as one program for determining major | ||||||
18 | programs and, with the exception of research and development, | ||||||
19 | whether a program-specific audit may be elected. | ||||||
20 | "Cognizant agency for audit" means the federal agency | ||||||
21 | designated to carry out the responsibilities described in 2 | ||||||
22 | CFR 200.513(a). | ||||||
23 | "Contract" means a legal instrument by which a non-federal | ||||||
24 | entity purchases property or services needed to carry out the | ||||||
25 | project or program under an award. "Contract" does not include | ||||||
26 | a legal instrument, even if the non-federal entity considers |
| |||||||
| |||||||
1 | it a contract, when the substance of the transaction meets the | ||||||
2 | definition of an award or subaward. | ||||||
3 | "Contractor" means an entity that receives a contract. | ||||||
4 | "Cooperative agreement" means a legal instrument of | ||||||
5 | financial assistance between an awarding agency or | ||||||
6 | pass-through entity and a non-federal entity that: | ||||||
7 | (1) is used to enter into a relationship with the | ||||||
8 | principal purpose of transferring anything of value from | ||||||
9 | the awarding agency or pass-through entity to the | ||||||
10 | non-federal entity to carry out a public purpose | ||||||
11 | authorized by law, but is not used to acquire property or | ||||||
12 | services for the awarding agency's or pass-through | ||||||
13 | entity's direct benefit or use; and | ||||||
14 | (2) is distinguished from a grant in that it provides | ||||||
15 | for substantial involvement between the awarding agency or | ||||||
16 | pass-through entity and the non-federal entity in carrying | ||||||
17 | out the activity contemplated by the award. | ||||||
18 | "Cooperative agreement" does not include a cooperative | ||||||
19 | research and development agreement, nor an agreement that | ||||||
20 | provides only direct cash assistance to an individual, a | ||||||
21 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
22 | "Corrective action" means action taken by the auditee that | ||||||
23 | (i) corrects identified deficiencies, (ii) produces | ||||||
24 | recommended improvements, or (iii) demonstrates that audit | ||||||
25 | findings are either invalid or do not warrant auditee action. | ||||||
26 | "Cost objective" means a program, function, activity, |
| |||||||
| |||||||
1 | award, organizational subdivision, contract, or work unit for | ||||||
2 | which cost data is desired and for which provision is made to | ||||||
3 | accumulate and measure the cost of processes, products, jobs, | ||||||
4 | and capital projects. A "cost objective" may be a major | ||||||
5 | function of the non-federal entity, a particular service or | ||||||
6 | project, an award, or an indirect cost activity. | ||||||
7 | "Cost sharing" means the portion of project costs not paid | ||||||
8 | by State or federal funds, unless otherwise authorized by | ||||||
9 | statute. | ||||||
10 | "Development" is the systematic use of knowledge and | ||||||
11 | understanding gained from research directed toward the | ||||||
12 | production of useful materials, devices, systems, or methods, | ||||||
13 | including design and development of prototypes and processes. | ||||||
14 | "Data Universal Numbering System number" means the 9-digit | ||||||
15 | number established and assigned by Dun and Bradstreet, Inc. to | ||||||
16 | uniquely identify entities and, under federal law, is required | ||||||
17 | for non-federal entities to apply for, receive, and report on | ||||||
18 | a federal award. | ||||||
19 | "Direct costs" means costs that can be identified | ||||||
20 | specifically with a particular final cost objective, such as a | ||||||
21 | State or federal or federal pass-through award or a particular | ||||||
22 | sponsored project, an instructional activity, or any other | ||||||
23 | institutional activity, or that can be directly assigned to | ||||||
24 | such activities relatively easily with a high degree of | ||||||
25 | accuracy. | ||||||
26 | "Equipment" means tangible personal property (including |
| |||||||
| |||||||
1 | information technology systems) having a useful life of more | ||||||
2 | than one year and a per-unit acquisition cost that equals or | ||||||
3 | exceeds the lesser of the capitalization level established by | ||||||
4 | the non-federal entity for financial statement purposes, or | ||||||
5 | $5,000. | ||||||
6 | "Executive branch" means that branch of State government | ||||||
7 | that is under the jurisdiction of the Governor. | ||||||
8 | "Federal agency" has the meaning provided for "agency" | ||||||
9 | under 5 U.S.C. 551(1) together with the meaning provided for | ||||||
10 | "agency" by 5 U.S.C. 552(f). | ||||||
11 | "Federal award" means: | ||||||
12 | (1) the federal financial assistance that a | ||||||
13 | non-federal entity receives directly from a federal | ||||||
14 | awarding agency or indirectly from a pass-through entity; | ||||||
15 | (2) the cost-reimbursement contract under the Federal | ||||||
16 | Acquisition Regulations that a non-federal entity receives | ||||||
17 | directly from a federal awarding agency or indirectly from | ||||||
18 | a pass-through entity; or | ||||||
19 | (3) the instrument setting forth the terms and | ||||||
20 | conditions when the instrument is the grant agreement, | ||||||
21 | cooperative agreement, other agreement for assistance | ||||||
22 | covered in paragraph (b) of 20 CFR 200.40, or the | ||||||
23 | cost-reimbursement contract awarded under the Federal | ||||||
24 | Acquisition Regulations. | ||||||
25 | "Federal award" does not include other contracts that a | ||||||
26 | federal agency uses to buy goods or services from a contractor |
| |||||||
| |||||||
1 | or a contract to operate federal government owned, | ||||||
2 | contractor-operated facilities. | ||||||
3 | "Federal awarding agency" means the federal agency that | ||||||
4 | provides a federal award directly to a non-federal entity. | ||||||
5 | "Federal interest" means, for purposes of 2 CFR 200.329 or | ||||||
6 | when used in connection with the acquisition or improvement of | ||||||
7 | real property, equipment, or supplies under a federal award, | ||||||
8 | the dollar amount that is the product of the federal share of | ||||||
9 | total project costs and current fair market value of the | ||||||
10 | property, improvements, or both, to the extent the costs of | ||||||
11 | acquiring or improving the property were included as project | ||||||
12 | costs. | ||||||
13 | "Federal program" means any of the following: | ||||||
14 | (1) All federal awards which are assigned a single | ||||||
15 | number in the assistance listing CFDA . | ||||||
16 | (2) When no ALN CFDA number is assigned, all federal | ||||||
17 | awards to non-federal entities from the same agency made | ||||||
18 | for the same purpose should be combined and considered one | ||||||
19 | program. | ||||||
20 | (3) Notwithstanding paragraphs (1) and (2) of this | ||||||
21 | definition, a cluster of programs. The types of clusters | ||||||
22 | of programs are: | ||||||
23 | (A) research and development; | ||||||
24 | (B) student financial aid; and | ||||||
25 | (C) "other clusters", as described in the | ||||||
26 | definition of "cluster of programs". |
| |||||||
| |||||||
1 | "Federal share" means the portion of the total project | ||||||
2 | costs that are paid by federal funds. | ||||||
3 | "Final cost objective" means a cost objective which has | ||||||
4 | allocated to it both direct and indirect costs and, in the | ||||||
5 | non-federal entity's accumulation system, is one of the final | ||||||
6 | accumulation points, such as a particular award, internal | ||||||
7 | project, or other direct activity of a non-federal entity. | ||||||
8 | "Financial assistance" means the following: | ||||||
9 | (1) For grants and cooperative agreements, "financial | ||||||
10 | assistance" means assistance that non-federal entities | ||||||
11 | receive or administer in the form of: | ||||||
12 | (A) grants; | ||||||
13 | (B) cooperative agreements; | ||||||
14 | (C) non-cash contributions or donations of | ||||||
15 | property, including donated surplus property; | ||||||
16 | (D) direct appropriations; | ||||||
17 | (E) food commodities; and | ||||||
18 | (F) other financial assistance, except assistance | ||||||
19 | listed in paragraph (2) of this definition. | ||||||
20 | (2) "Financial assistance" includes assistance that | ||||||
21 | non-federal entities receive or administer in the form of | ||||||
22 | loans, loan guarantees, interest subsidies, and insurance. | ||||||
23 | (3) "Financial assistance" does not include amounts | ||||||
24 | received as reimbursement for services rendered to | ||||||
25 | individuals. | ||||||
26 | "Fixed amount awards" means a type of grant agreement |
| |||||||
| |||||||
1 | under which the awarding agency or pass-through entity | ||||||
2 | provides a specific level of support without regard to actual | ||||||
3 | costs incurred under the award. "Fixed amount awards" reduce | ||||||
4 | some of the administrative burden and record-keeping | ||||||
5 | requirements for both the non-federal entity and awarding | ||||||
6 | agency or pass-through entity. Accountability is based | ||||||
7 | primarily on performance and results. | ||||||
8 | "Foreign public entity" means: | ||||||
9 | (1) a foreign government or foreign governmental | ||||||
10 | entity; | ||||||
11 | (2) a public international organization that is | ||||||
12 | entitled to enjoy privileges, exemptions, and immunities | ||||||
13 | as an international organization under the International | ||||||
14 | Organizations Immunities Act (22 U.S.C. 288-288f); | ||||||
15 | (3) an entity owned, in whole or in part, or | ||||||
16 | controlled by a foreign government; or | ||||||
17 | (4) any other entity consisting wholly or partially of | ||||||
18 | one or more foreign governments or foreign governmental | ||||||
19 | entities. | ||||||
20 | "Foreign organization" means an entity that is: | ||||||
21 | (1) a public or private organization located in a | ||||||
22 | country other than the United States and its territories | ||||||
23 | that are subject to the laws of the country in which it is | ||||||
24 | located, irrespective of the citizenship of project staff | ||||||
25 | or place of performance; | ||||||
26 | (2) a private nongovernmental organization located in |
| |||||||
| |||||||
1 | a country other than the United States that solicits and | ||||||
2 | receives cash contributions from the general public; | ||||||
3 | (3) a charitable organization located in a country | ||||||
4 | other than the United States that is not-for-profit | ||||||
5 | nonprofit and tax exempt under the laws of its country of | ||||||
6 | domicile and operation, but is not a university, college, | ||||||
7 | accredited degree-granting institution of education, | ||||||
8 | private foundation, hospital, organization engaged | ||||||
9 | exclusively in research or scientific activities, church, | ||||||
10 | synagogue, mosque, or other similar entity organized | ||||||
11 | primarily for religious purposes; or | ||||||
12 | (4) an organization located in a country other than | ||||||
13 | the United States not recognized as a Foreign Public | ||||||
14 | Entity. | ||||||
15 | "Fringe benefits" has the meaning given to that term in | ||||||
16 | CFR 200.431. | ||||||
17 | "Generally Accepted Accounting Principles" has the meaning | ||||||
18 | provided in accounting standards issued by the Government | ||||||
19 | Accounting Standards Board and the Financial Accounting | ||||||
20 | Standards Board. | ||||||
21 | "Generally Accepted Government Auditing Standards" means | ||||||
22 | generally accepted government auditing standards issued by the | ||||||
23 | Comptroller General of the United States that are applicable | ||||||
24 | to financial audits. | ||||||
25 | "Grant agreement" means a legal instrument of financial | ||||||
26 | assistance between an awarding agency or pass-through entity |
| |||||||
| |||||||
1 | and a non-federal entity that: | ||||||
2 | (1) is used to enter into a relationship, the | ||||||
3 | principal purpose of which is to transfer anything of | ||||||
4 | value from the awarding agency or pass-through entity to | ||||||
5 | the non-federal entity to carry out a public purpose | ||||||
6 | authorized by law and not to acquire property or services | ||||||
7 | for the awarding agency or pass-through entity's direct | ||||||
8 | benefit or use; and | ||||||
9 | (2) is distinguished from a cooperative agreement in | ||||||
10 | that it does not provide for substantial involvement | ||||||
11 | between the awarding agency or pass-through entity and the | ||||||
12 | non-federal entity in carrying out the activity | ||||||
13 | contemplated by the award. | ||||||
14 | "Grant agreement" does not include an agreement that | ||||||
15 | provides only direct cash assistance to an individual, a | ||||||
16 | subsidy, a loan, a loan guarantee, or insurance. | ||||||
17 | "Grant application" means a specified form that is | ||||||
18 | completed by a non-federal entity in connection with a request | ||||||
19 | for a specific funding opportunity or a request for financial | ||||||
20 | support of a project or activity. | ||||||
21 | "Hospital" means a facility licensed as a hospital under | ||||||
22 | the law of any state or a facility operated as a hospital by | ||||||
23 | the United States, a state, or a subdivision of a state. | ||||||
24 | "Illinois Debarred and Suspended List" means the list | ||||||
25 | maintained by the Governor's Office of Management and Budget | ||||||
26 | that contains the names of those individuals and entities that |
| |||||||
| |||||||
1 | are ineligible, either temporarily or permanently, from | ||||||
2 | receiving an award of grant funds from the State. | ||||||
3 | "Indirect cost" means those costs incurred for a common or | ||||||
4 | joint purpose benefitting more than one cost objective and not | ||||||
5 | readily assignable to the cost objectives specifically | ||||||
6 | benefitted without effort disproportionate to the results | ||||||
7 | achieved. | ||||||
8 | "Inspector General" means the Office of the Executive | ||||||
9 | Inspector General for Executive branch agencies. | ||||||
10 | "Loan" means a State or federal loan or loan guarantee | ||||||
11 | received or administered by a non-federal entity. "Loan" does | ||||||
12 | not include a "program income" as defined in 2 CFR 200.80. | ||||||
13 | "Loan guarantee" means any State or federal government | ||||||
14 | guarantee, insurance, or other pledge with respect to the | ||||||
15 | payment of all or a part of the principal or interest on any | ||||||
16 | debt obligation of a non-federal borrower to a non-federal | ||||||
17 | lender, but does not include the insurance of deposits, | ||||||
18 | shares, or other withdrawable accounts in financial | ||||||
19 | institutions. | ||||||
20 | "Local government" has the meaning provided for the term | ||||||
21 | "units of local government" under Section 1 of Article VII of | ||||||
22 | the Illinois Constitution and includes school districts. | ||||||
23 | "Major program" means a federal program determined by the | ||||||
24 | auditor to be a major program in accordance with 2 CFR 200.518 | ||||||
25 | or a program identified as a major program by a federal | ||||||
26 | awarding agency or pass-through entity in accordance with 2 |
| |||||||
| |||||||
1 | CFR 200.503(e). | ||||||
2 | "Non-federal entity" means a state, local government, | ||||||
3 | Indian tribe, institution of higher education, or | ||||||
4 | organization, whether nonprofit or for-profit, that carries | ||||||
5 | out a State or federal award as a recipient or subrecipient. | ||||||
6 | "Nonprofit organization" means any corporation, trust, | ||||||
7 | association, cooperative, or other organization, not including | ||||||
8 | institutions of higher education, that: | ||||||
9 | (1) is operated primarily for scientific, educational, | ||||||
10 | service, charitable, or similar purposes in the public | ||||||
11 | interest; | ||||||
12 | (2) is not organized primarily for profit; and | ||||||
13 | (3) uses net proceeds to maintain, improve, or expand | ||||||
14 | the operations of the organization. | ||||||
15 | "Not-for-profit corporation" has the meaning given to that | ||||||
16 | term in Section 101.80 of the General Not For Profit | ||||||
17 | Corporation Act of 1986. | ||||||
18 | "Obligations", when used in connection with a non-federal | ||||||
19 | entity's utilization of funds under an award, means orders | ||||||
20 | placed for property and services, contracts and subawards | ||||||
21 | made, and similar transactions during a given period that | ||||||
22 | require payment by the non-federal entity during the same or a | ||||||
23 | future period. | ||||||
24 | "Office of Management and Budget" means the Office of | ||||||
25 | Management and Budget of the Executive Office of the | ||||||
26 | President. |
| |||||||
| |||||||
1 | "Other clusters" has the meaning provided by the federal | ||||||
2 | Office of Management and Budget in the compliance supplement | ||||||
3 | or has the meaning as it is designated by a state for federal | ||||||
4 | awards the state provides to its subrecipients that meet the | ||||||
5 | definition of a cluster of programs. When designating an | ||||||
6 | "other cluster", a state must identify the federal awards | ||||||
7 | included in the cluster and advise the subrecipients of | ||||||
8 | compliance requirements applicable to the cluster. | ||||||
9 | "Oversight agency for audit" means the federal awarding | ||||||
10 | agency that provides the predominant amount of funding | ||||||
11 | directly to a non-federal entity not assigned a cognizant | ||||||
12 | agency for audit. When there is no direct funding, the | ||||||
13 | awarding agency that is the predominant source of pass-through | ||||||
14 | funding must assume the oversight responsibilities. The duties | ||||||
15 | of the oversight agency for audit and the process for any | ||||||
16 | reassignments are described in 2 CFR 200.513(b). | ||||||
17 | "Pass-through entity" means a non-federal entity that | ||||||
18 | provides a subaward to a subrecipient to carry out part of a | ||||||
19 | program. | ||||||
20 | "Private award" means an award from a person or entity | ||||||
21 | other than a State or federal entity. Private awards are not | ||||||
22 | subject to the provisions of this Act. | ||||||
23 | "Property" means real property or personal property. | ||||||
24 | "Project cost" means total allowable costs incurred under | ||||||
25 | an award and all required cost sharing and voluntary committed | ||||||
26 | cost sharing, including third-party contributions. |
| |||||||
| |||||||
1 | "Public institutions of higher education" has the meaning | ||||||
2 | provided in Section 1 of the Board of Higher Education Act. | ||||||
3 | "Unique entity ID" means the number established and | ||||||
4 | assigned by the federal government utilizing the SAM.gov | ||||||
5 | website to uniquely identify entities that apply to receive | ||||||
6 | and report on a federal award. | ||||||
7 | "Recipient" means a non-federal entity that receives an | ||||||
8 | award directly from an awarding agency to carry out an | ||||||
9 | activity under a program. "Recipient" does not include | ||||||
10 | subrecipients. | ||||||
11 | "Research and Development" means all research activities, | ||||||
12 | both basic and applied, and all development activities that | ||||||
13 | are performed by non-federal entities. | ||||||
14 | "Single Audit Act" means the federal Single Audit Act | ||||||
15 | Amendments of 1996 (31 U.S.C. 7501-7507). | ||||||
16 | "State agency" means an Executive branch agency. For | ||||||
17 | purposes of this Act, "State agency" does not include public | ||||||
18 | institutions of higher education. | ||||||
19 | "State award" means the financial assistance that a | ||||||
20 | non-federal entity receives from the State and that is funded | ||||||
21 | with either State funds or federal funds; in the latter case, | ||||||
22 | the State is acting as a pass-through entity. | ||||||
23 | "State awarding agency" means a State agency that provides | ||||||
24 | an award to a non-federal entity. | ||||||
25 | "State grant-making agency" has the same meaning as "State | ||||||
26 | awarding agency". |
| |||||||
| |||||||
1 | "State interest" means the acquisition or improvement of | ||||||
2 | real property, equipment, or supplies under a State award, the | ||||||
3 | dollar amount that is the product of the State share of the | ||||||
4 | total project costs and current fair market value of the | ||||||
5 | property, improvements, or both, to the extent the costs of | ||||||
6 | acquiring or improving the property were included as project | ||||||
7 | costs. | ||||||
8 | "State program" means any of the following: | ||||||
9 | (1) All State awards which are assigned a single | ||||||
10 | number in the Catalog of State Financial Assistance. | ||||||
11 | (2) When no Catalog of State Financial Assistance | ||||||
12 | number is assigned, all State awards to non-federal | ||||||
13 | entities from the same agency made for the same purpose | ||||||
14 | are considered one program. | ||||||
15 | (3) A cluster of programs as defined in this Section. | ||||||
16 | "State share" means the portion of the total project costs | ||||||
17 | that are paid by State funds. | ||||||
18 | "Stop payment order" means a communication from a State | ||||||
19 | grant-making agency to the Office of the Comptroller, | ||||||
20 | following procedures set out by the Office of the Comptroller, | ||||||
21 | causing the cessation of payments to a recipient or | ||||||
22 | subrecipient as a result of the recipient's or subrecipient's | ||||||
23 | failure to comply with one or more terms of the grant or | ||||||
24 | subaward. | ||||||
25 | "Stop payment procedure" means the procedure created by | ||||||
26 | the Office of the Comptroller which effects a stop payment |
| |||||||
| |||||||
1 | order and the lifting of a stop payment order upon the request | ||||||
2 | of the State grant-making agency. | ||||||
3 | "Student Financial Aid" means federal awards under those | ||||||
4 | programs of general student assistance, such as those | ||||||
5 | authorized by Title IV of the Higher Education Act of 1965, as | ||||||
6 | amended (20 U.S.C. 1070-1099d), that are administered by the | ||||||
7 | United States Department of Education and similar programs | ||||||
8 | provided by other federal agencies. "Student Financial Aid" | ||||||
9 | does not include federal awards under programs that provide | ||||||
10 | fellowships or similar federal awards to students on a | ||||||
11 | competitive basis or for specified studies or research. | ||||||
12 | "Subaward" means a State or federal award provided by a | ||||||
13 | pass-through entity to a subrecipient for the subrecipient to | ||||||
14 | carry out part of a federal award received by the pass-through | ||||||
15 | entity. "Subaward" does not include payments to a contractor | ||||||
16 | or payments to an individual that is a beneficiary of a federal | ||||||
17 | program. A "subaward" may be provided through any form of | ||||||
18 | legal agreement, including an agreement that the pass-through | ||||||
19 | entity considers a contract. | ||||||
20 | "Subrecipient" means a non-federal entity that receives a | ||||||
21 | State or federal subaward from a pass-through entity to carry | ||||||
22 | out part of a federal program. "Subrecipient" does not include | ||||||
23 | an individual that is a beneficiary of such program. A | ||||||
24 | "subrecipient" may also be a recipient of other State or | ||||||
25 | federal awards directly from a State or federal awarding | ||||||
26 | agency. |
| |||||||
| |||||||
1 | "Suspension" means a post-award action by the State or | ||||||
2 | federal agency or pass-through entity that temporarily | ||||||
3 | withdraws the State or federal agency's or pass-through | ||||||
4 | entity's financial assistance sponsorship under an award, | ||||||
5 | pending corrective action by the recipient or subrecipient or | ||||||
6 | pending a decision to terminate the award. | ||||||
7 | "Uniform Administrative Requirements, Costs Principles, | ||||||
8 | and Audit Requirements for Federal Awards" means those rules | ||||||
9 | applicable to grants contained in 2 CFR 200. | ||||||
10 | "Voluntary committed cost sharing" means cost sharing | ||||||
11 | specifically pledged on a voluntary basis in the proposal's | ||||||
12 | budget or the award on the part of the non-federal entity and | ||||||
13 | that becomes a binding requirement of the award. | ||||||
14 | (Source: P.A. 100-997, eff. 8-20-18.)
| ||||||
15 | (30 ILCS 708/25) | ||||||
16 | Sec. 25. Supplemental rules. On or before July 1, 2017, | ||||||
17 | the Governor's Office of Management and Budget, with the | ||||||
18 | advice and technical assistance of the Illinois Single Audit | ||||||
19 | Commission, shall adopt supplemental rules pertaining to the | ||||||
20 | following: | ||||||
21 | (1) Criteria to define mandatory formula-based grants | ||||||
22 | and discretionary grants. | ||||||
23 | (2) The award of one-year grants for new applicants. | ||||||
24 | (3) The award of competitive grants in 3-year terms | ||||||
25 | (one-year initial terms with the option to renew for up to |
| |||||||
| |||||||
1 | 2 additional years) to coincide with the federal award. | ||||||
2 | (4) The issuance of grants, including: | ||||||
3 | (A) public notice of announcements of funding | ||||||
4 | opportunities; | ||||||
5 | (B) the development of uniform grant applications; | ||||||
6 | (C) State agency review of merit of proposals and | ||||||
7 | risk posed by applicants; | ||||||
8 | (D) specific conditions for individual recipients | ||||||
9 | (including the use of a fiscal agent and additional | ||||||
10 | corrective conditions); | ||||||
11 | (E) certifications and representations; | ||||||
12 | (F) pre-award costs; | ||||||
13 | (G) performance measures and statewide prioritized | ||||||
14 | goals under Section 50-25 of the State Budget Law of | ||||||
15 | the Civil Administrative Code of Illinois, commonly | ||||||
16 | referred to as "Budgeting for Results"; and | ||||||
17 | (H) for mandatory formula grants, the merit of the | ||||||
18 | proposal and the risk posed should result in | ||||||
19 | additional reporting, monitoring, or measures such as | ||||||
20 | reimbursement-basis only. | ||||||
21 | (5) The development of uniform budget requirements, | ||||||
22 | which shall include: | ||||||
23 | (A) mandatory submission of budgets as part of the | ||||||
24 | grant application process; | ||||||
25 | (B) mandatory requirements regarding contents of | ||||||
26 | the budget including, at a minimum, common detail line |
| |||||||
| |||||||
1 | items specified under guidelines issued by the | ||||||
2 | Governor's Office of Management and Budget; | ||||||
3 | (C) a requirement that the budget allow | ||||||
4 | flexibility to add lines describing costs that are | ||||||
5 | common for the services provided as outlined in the | ||||||
6 | grant application; | ||||||
7 | (D) a requirement that the budget include | ||||||
8 | information necessary for analyzing cost and | ||||||
9 | performance for use in Budgeting for Results; and | ||||||
10 | (E) caps on the amount of salaries that may be | ||||||
11 | charged to grants , which shall not be less than based | ||||||
12 | on the limitations imposed by federal agencies. | ||||||
13 | (6) The development of pre-qualification requirements | ||||||
14 | for applicants, including the fiscal condition of the | ||||||
15 | organization and the provision of the following | ||||||
16 | information: | ||||||
17 | (A) organization name; | ||||||
18 | (B) Federal Employee Identification Number; | ||||||
19 | (C) unique entity ID Data Universal Numbering | ||||||
20 | System (DUNS) number; | ||||||
21 | (D) fiscal condition; | ||||||
22 | (E) whether the applicant is in good standing with | ||||||
23 | the Secretary of State; | ||||||
24 | (F) (blank); past performance in administering | ||||||
25 | grants; | ||||||
26 | (G) whether the applicant is on the Debarred and |
| |||||||
| |||||||
1 | Suspended List maintained by the Governor's Office of | ||||||
2 | Management and Budget; | ||||||
3 | (H) whether the applicant is on the federal | ||||||
4 | Excluded Parties List; and | ||||||
5 | (I) whether the applicant is on the Sanctioned | ||||||
6 | Party List maintained by the Illinois Department of | ||||||
7 | Healthcare and Family Services. | ||||||
8 | Pre-qualification requirements may include consideration | ||||||
9 | of past performance in administering grants if past | ||||||
10 | performance failed to meet performance goals, indicators, and | ||||||
11 | milestones. | ||||||
12 | Nothing in this Act affects the provisions of the Fiscal | ||||||
13 | Control and Internal Auditing Act nor the requirement that the | ||||||
14 | management of each State agency is responsible for maintaining | ||||||
15 | effective internal controls under that Act. | ||||||
16 | For public institutions of higher education, the | ||||||
17 | provisions of this Section apply only to awards funded by | ||||||
18 | federal pass-through awards from a State agency to public | ||||||
19 | institutions of higher education. | ||||||
20 | (Source: P.A. 101-81, eff. 7-12-19; 102-626, eff. 8-27-21.)
| ||||||
21 | (30 ILCS 708/30) | ||||||
22 | Sec. 30. Catalog of State Financial Assistance. The | ||||||
23 | Catalog of State Financial Assistance is a single, | ||||||
24 | authoritative, statewide, comprehensive source document of | ||||||
25 | State financial assistance program information. The Catalog |
| |||||||
| |||||||
1 | shall contain, at a minimum, the following information: | ||||||
2 | (1) An introductory section that contains Catalog | ||||||
3 | highlights, an explanation of how to use the Catalog, an | ||||||
4 | explanation of the Catalog and its contents, and suggested | ||||||
5 | grant proposal writing methods and grant application | ||||||
6 | procedures. | ||||||
7 | (2) A comprehensive indexing system that categorizes | ||||||
8 | programs by issuing agency, eligible applicant, | ||||||
9 | application deadlines, function, popular name, and subject | ||||||
10 | area. | ||||||
11 | (3) Comprehensive appendices showing State assistance | ||||||
12 | programs that require coordination through this Act and | ||||||
13 | regulatory, legislative, and Executive Order authority for | ||||||
14 | each program, commonly used abbreviations and acronyms, | ||||||
15 | agency regional and local office addresses, and sources of | ||||||
16 | additional information. | ||||||
17 | (4) A list of programs that have been added to or | ||||||
18 | deleted from the Catalog and the various program numbers | ||||||
19 | and title changes. | ||||||
20 | (5) Program number, title, and popular name, if | ||||||
21 | applicable. | ||||||
22 | (6) The name of the State department or agency or | ||||||
23 | independent agency and primary organization sub-unit | ||||||
24 | administering the program. | ||||||
25 | (7) The enabling legislation, including popular name | ||||||
26 | of the Act, titles and Sections, Public Act number, and |
| |||||||
| |||||||
1 | citation to the Illinois Compiled Statutes. | ||||||
2 | (8) The type or types of financial and nonfinancial | ||||||
3 | assistance offered by the program. | ||||||
4 | (9) Uses and restrictions placed upon the program. | ||||||
5 | (10) Eligibility requirements, including applicant | ||||||
6 | eligibility criteria, beneficiary eligibility criteria, | ||||||
7 | and required credentials and documentation. | ||||||
8 | (11) Objectives and goals of the program. | ||||||
9 | (12) Information regarding application and award | ||||||
10 | processing; application deadlines; range of approval or | ||||||
11 | disapproval time; appeal procedure; and availability of a | ||||||
12 | renewal or extension of assistance. | ||||||
13 | (13) Assistance considerations, including an | ||||||
14 | explanation of the award formula, matching requirements, | ||||||
15 | and the length and time phasing of the assistance. | ||||||
16 | (14) Post-assistance requirements, including any | ||||||
17 | reports, audits, and records that may be required. | ||||||
18 | (15) Program accomplishments (where available) | ||||||
19 | describing quantitative measures of program performance. | ||||||
20 | (16) Regulations, guidelines, and literature | ||||||
21 | containing citations to the Illinois Administrative Code, | ||||||
22 | the Code of Federal Regulations, and other pertinent | ||||||
23 | informational materials. | ||||||
24 | (17) The names, telephone numbers, and e-mail | ||||||
25 | addresses of persons to be contacted for detailed program | ||||||
26 | information at the headquarters, regional, and local |
| |||||||
| |||||||
1 | levels. | ||||||
2 | (18) Criteria for Prompt Payment Act eligibility and | ||||||
3 | advanced payment eligibility. | ||||||
4 | (Source: P.A. 98-706, eff. 7-16-14 .)
| ||||||
5 | (30 ILCS 708/50) | ||||||
6 | Sec. 50. State grant-making agency responsibilities. | ||||||
7 | (a) The specific requirements and responsibilities of | ||||||
8 | State grant-making agencies and non-federal entities are set | ||||||
9 | forth in this Act. State agencies making State awards to | ||||||
10 | non-federal entities must adopt by rule the language in 2 CFR | ||||||
11 | 200, Subpart C through Subpart F unless different provisions | ||||||
12 | are required by law. | ||||||
13 | (b) Each State grant-making agency shall appoint a Chief | ||||||
14 | Accountability Officer who shall serve as a liaison to the | ||||||
15 | Grant Accountability and Transparency Unit and who shall be | ||||||
16 | responsible for the State agency's implementation of and | ||||||
17 | compliance with the rules. | ||||||
18 | (c) In order to effectively measure the performance of its | ||||||
19 | recipients and subrecipients, each State grant-making agency | ||||||
20 | shall: | ||||||
21 | (1) require its recipients and subrecipients to relate | ||||||
22 | financial data to performance accomplishments of the award | ||||||
23 | and, when applicable, must require recipients and | ||||||
24 | subrecipients to provide cost information to demonstrate | ||||||
25 | cost-effective practices. The recipient's and |
| |||||||
| |||||||
1 | subrecipient's performance should be measured in a way | ||||||
2 | that will help the State agency to improve program | ||||||
3 | outcomes, share lessons learned, and spread the adoption | ||||||
4 | of promising practices; and | ||||||
5 | (2) provide recipients and subrecipients with clear | ||||||
6 | performance goals, indicators, and milestones and must | ||||||
7 | establish performance reporting frequency and content to | ||||||
8 | not only allow the State agency to understand the | ||||||
9 | recipient's progress, but also to facilitate | ||||||
10 | identification of promising practices among recipients and | ||||||
11 | subrecipients and build the evidence upon which the State | ||||||
12 | agency's program and performance decisions are made. The | ||||||
13 | frequency of reports on performance goals, indicators, and | ||||||
14 | milestones required under this Section shall not be more | ||||||
15 | frequent than quarterly. Nothing in this Section is | ||||||
16 | intended to prohibit more frequent reporting to assess | ||||||
17 | items such as service needs, gaps, or capacity. | ||||||
18 | (c-5) Each State grant-making agency shall, when it is in | ||||||
19 | the best interests of the State, request that the Office of the | ||||||
20 | Comptroller issue a stop payment order in accordance with | ||||||
21 | Section 105 of this Act. | ||||||
22 | (c-6) Upon notification by the Grant Transparency and | ||||||
23 | Accountability Unit that a stop payment order has been | ||||||
24 | requested by a State grant-making agency, each State | ||||||
25 | grant-making agency who has issued a grant to that recipient | ||||||
26 | or subrecipient shall determine if it remains in the best |
| |||||||
| |||||||
1 | interests of the State to continue to issue payments to the | ||||||
2 | recipient or subrecipient. | ||||||
3 | (d) The Governor's Office of Management and Budget shall | ||||||
4 | provide such advice and technical assistance to the State | ||||||
5 | grant-making agencies as is necessary or indicated in order to | ||||||
6 | ensure compliance with this Act. Advice and technical | ||||||
7 | assistance to State grant-making agencies shall include: | ||||||
8 | (1) training for State agency staff about the criteria | ||||||
9 | for Prompt Payment Act eligibility and advanced payment | ||||||
10 | eligibility; | ||||||
11 | (2) best practices for disseminating information about | ||||||
12 | grant opportunities statewide, with an emphasis on | ||||||
13 | reaching previously underserved communities and new | ||||||
14 | vendors, and | ||||||
15 | (3) the Court of Claims' jurisdiction and process | ||||||
16 | under the Court of Claims Act. | ||||||
17 | (e) In accordance with this Act and the Illinois State | ||||||
18 | Collection Act of 1986, refunds required under the Grant Funds | ||||||
19 | Recovery Act may be referred to the Comptroller's offset | ||||||
20 | system. | ||||||
21 | (Source: P.A. 100-997, eff. 8-20-18.)
| ||||||
22 | (30 ILCS 708/65) | ||||||
23 | Sec. 65. Audit requirements. | ||||||
24 | (a) The standards set forth in Subpart F of 2 CFR 200 and | ||||||
25 | any other standards that apply directly to State or federal |
| |||||||
| |||||||
1 | agencies shall apply to audits of fiscal years beginning on or | ||||||
2 | after December 26, 2014. | ||||||
3 | (b) Books and records must be available for review or | ||||||
4 | audit by appropriate officials of the pass-through entity, and | ||||||
5 | the agency, the Auditor General, the Inspector General, | ||||||
6 | appropriate officials of the agency, and the federal | ||||||
7 | Government Accountability Office. | ||||||
8 | (c) The Governor's Office of Management and Budget, with | ||||||
9 | the advice and technical assistance of the Illinois Single | ||||||
10 | Audit Commission, shall adopt rules for audits of grants from | ||||||
11 | a State or federal pass-through entity that are not subject to | ||||||
12 | the Single Audit Act because the amount of the federal award is | ||||||
13 | less than the amount specified in subparts (a) and (b) of 2 CFR | ||||||
14 | 200.501 $750,000 or the subrecipient is an exempt entity and | ||||||
15 | that are reasonably consistent with 2 CFR 200. | ||||||
16 | (d) This Act does not affect the provisions of the | ||||||
17 | Illinois State Auditing Act and does not address the external | ||||||
18 | audit function of the Auditor General. | ||||||
19 | (Source: P.A. 98-706, eff. 7-16-14 .)
| ||||||
20 | (30 ILCS 708/97) (was 30 ILCS 708/520) | ||||||
21 | Sec. 97. Separate accounts for State grant funds. | ||||||
22 | Notwithstanding any provision of law to the contrary, all | ||||||
23 | grants for which advance payments are made and any grant | ||||||
24 | agreement entered into, renewed, or extended on or after | ||||||
25 | August 20, 2018 (the effective date of Public Act 100-997) |
| |||||||
| |||||||
1 | that permits advanced payments , between a State grant-making | ||||||
2 | agency and a not-for-profit nonprofit organization, shall | ||||||
3 | require the not-for-profit nonprofit organization receiving | ||||||
4 | grant funds to maintain those funds in an account which is | ||||||
5 | separate and distinct from any account holding non-grant | ||||||
6 | funds. Except as otherwise provided in an agreement between a | ||||||
7 | State grant-making agency and a nonprofit organization, the | ||||||
8 | grant funds held in a separate account by a nonprofit | ||||||
9 | organization shall not be used for non-grant-related | ||||||
10 | activities, and any unused grant funds shall be returned to | ||||||
11 | the State grant-making agency. This Section does not apply to | ||||||
12 | grant payments that are made as reimbursements. | ||||||
13 | (Source: P.A. 100-997, eff. 8-20-18; 101-81, eff. 7-12-19.)
| ||||||
14 | (30 ILCS 708/125) | ||||||
15 | Sec. 125. Expenditures prior to grant execution; reporting | ||||||
16 | requirements. | ||||||
17 | (a) In the event that a recipient or subrecipient incurs | ||||||
18 | expenses related to the grant award prior to the execution of | ||||||
19 | the grant agreement but within the term of the grant, and the | ||||||
20 | grant agreement is executed more than 30 days after the | ||||||
21 | effective date of the grant, the recipient or subrecipient | ||||||
22 | must submit to the State grant-making agency a report that | ||||||
23 | accounts for eligible grant expenditures and project | ||||||
24 | activities from the effective date of the grant up to and | ||||||
25 | including the date of execution of the grant agreement. If the |
| |||||||
| |||||||
1 | State grant-making agency does not issue the grant agreement | ||||||
2 | to the recipient within 30 days of the effective date of the | ||||||
3 | grant, interest penalties shall apply pursuant to Section 3-4 | ||||||
4 | of the State Prompt Payment Act. | ||||||
5 | (b) The recipient or subrecipient must submit the report | ||||||
6 | to the State grant-making agency within 30 days of execution | ||||||
7 | of the grant agreement. | ||||||
8 | (c) Only those expenses that are reasonable, allowable, | ||||||
9 | and in furtherance of the purpose of the grant award shall be | ||||||
10 | reimbursed. | ||||||
11 | (d) The State grant-making agency must approve the report | ||||||
12 | prior to issuing any payment to the recipient or subrecipient. | ||||||
13 | (Source: P.A. 100-997, eff. 8-20-18.)
| ||||||
14 | (30 ILCS 708/135 new) | ||||||
15 | Sec. 135. Grant Agreement specifications. | ||||||
16 | (a) A grant agreement shall include: | ||||||
17 | (1) the dates on which the State grant-making agency | ||||||
18 | will transmit vouchers to the Comptroller; and | ||||||
19 | (2) whether the grant is eligible under the Prompt | ||||||
20 | Payment Act or for advanced payments. | ||||||
21 | (b) A State agency shall not restrict the amount of money | ||||||
22 | used to pay for fringe benefits. | ||||||
23 | (c) A State agency shall not restrict indirect costs to | ||||||
24 | less than 20% of the grant agreement or the federally | ||||||
25 | negotiated rate, whichever is higher, unless the recipient |
| |||||||
| |||||||
1 | prefers a lower rate. | ||||||
2 | (d) A State agency shall not restrict direct | ||||||
3 | administrative costs to less than 20% of direct costs in the | ||||||
4 | grant agreement unless the recipient prefers a lower rate. | ||||||
5 | (e) Nothing in this Section shall apply to grants that are | ||||||
6 | solely for the purpose of capital projects. | ||||||
7 | (f) Nothing in this Section shall apply if the grant | ||||||
8 | conflicts with requirements due to federal law or federal | ||||||
9 | grant obligations.
| ||||||
10 | Section 25. The Court of Claims Act is amended by changing | ||||||
11 | Sections 4, 6, 8, 9, 11, 19, 21, 22, 23, and 24 as follows:
| ||||||
12 | (705 ILCS 505/4) (from Ch. 37, par. 439.4) | ||||||
13 | Sec. 4. Each judge shall receive an annual salary of: | ||||||
14 | $68,000 $20,900 from the third Monday in January, 1979 to the | ||||||
15 | third Monday in January, 1980; $22,100 from the third Monday | ||||||
16 | in January, 1980 to the third Monday in January, 1981; $23,400 | ||||||
17 | from the third Monday in January, 1981 to the third Monday in | ||||||
18 | January, 1982, and $25,000 thereafter , or as set by the | ||||||
19 | Compensation Review Board, whichever is greater, payable in | ||||||
20 | equal monthly installments. | ||||||
21 | (Source: P.A. 83-1177.)
| ||||||
22 | (705 ILCS 505/6) (from Ch. 37, par. 439.6) | ||||||
23 | Sec. 6. The court shall hold sessions at such places as it |
| |||||||
| |||||||
1 | deems necessary to expedite the business of the court. The | ||||||
2 | Court shall permit virtual hearings for claims arising from | ||||||
3 | paragraph (b) of Section 8 of this Act. | ||||||
4 | (Source: P.A. 90-492, eff. 8-17-97.)
| ||||||
5 | (705 ILCS 505/8) (from Ch. 37, par. 439.8) | ||||||
6 | Sec. 8. Court of Claims jurisdiction; deliberation | ||||||
7 | periods. The court shall have exclusive jurisdiction to hear | ||||||
8 | and determine the following matters: | ||||||
9 | (a) All claims against the State founded upon any law | ||||||
10 | of the State of Illinois or upon any regulation adopted | ||||||
11 | thereunder by an executive or administrative officer or | ||||||
12 | agency; provided, however, the court shall not have | ||||||
13 | jurisdiction (i) to hear or determine claims arising under | ||||||
14 | the Workers' Compensation Act or the Workers' Occupational | ||||||
15 | Diseases Act, or claims for expenses in civil litigation, | ||||||
16 | or (ii) to review administrative decisions for which a | ||||||
17 | statute provides that review shall be in the circuit or | ||||||
18 | appellate court. | ||||||
19 | (b) All claims against the State founded upon any | ||||||
20 | contract entered into with the State of Illinois , except | ||||||
21 | that undisputed individual claims of less than $2,500 | ||||||
22 | resulting from lapsed appropriations do not fall under the | ||||||
23 | jurisdiction of Court of Claims. State agencies may pay | ||||||
24 | undisputed individual claims of less than $2,500 resulting | ||||||
25 | from lapsed appropriations from current fiscal year |
| |||||||
| |||||||
1 | appropriations . | ||||||
2 | (c) All claims against the State for time unjustly | ||||||
3 | served in prisons of this State when the person imprisoned | ||||||
4 | received a pardon from the Governor stating that such | ||||||
5 | pardon is issued on the ground of innocence of the crime | ||||||
6 | for which he or she was imprisoned or he or she received a | ||||||
7 | certificate of innocence from the Circuit Court as | ||||||
8 | provided in Section 2-702 of the Code of Civil Procedure; | ||||||
9 | provided, the amount of the award is at the discretion of | ||||||
10 | the court; and provided, the court shall make no award in | ||||||
11 | excess of the following amounts: for imprisonment of 5 | ||||||
12 | years or less, not more than $85,350; for imprisonment of | ||||||
13 | 14 years or less but over 5 years, not more than $170,000; | ||||||
14 | for imprisonment of over 14 years, not more than $199,150; | ||||||
15 | and provided further, the court shall fix attorney's fees | ||||||
16 | not to exceed 25% of the award granted. On or after the | ||||||
17 | effective date of this amendatory Act of the 95th General | ||||||
18 | Assembly, the court shall annually adjust the maximum | ||||||
19 | awards authorized by this subsection (c) to reflect the | ||||||
20 | increase, if any, in the Consumer Price Index For All | ||||||
21 | Urban Consumers for the previous calendar year, as | ||||||
22 | determined by the United States Department of Labor, | ||||||
23 | except that no annual increment may exceed 5%. For the | ||||||
24 | annual adjustments, if the Consumer Price Index decreases | ||||||
25 | during a calendar year, there shall be no adjustment for | ||||||
26 | that calendar year. The transmission by the Prisoner |
| |||||||
| |||||||
1 | Review Board or the clerk of the circuit court of the | ||||||
2 | information described in Section 11(b) to the clerk of the | ||||||
3 | Court of Claims is conclusive evidence of the validity of | ||||||
4 | the claim. The changes made by this amendatory Act of the | ||||||
5 | 95th General Assembly apply to all claims pending on or | ||||||
6 | filed on or after the effective date. | ||||||
7 | (d) All claims against the State for damages in cases | ||||||
8 | sounding in tort, if a like cause of action would lie | ||||||
9 | against a private person or corporation in a civil suit, | ||||||
10 | and all like claims sounding in tort against the Medical | ||||||
11 | Center Commission, the Board of Trustees of the University | ||||||
12 | of Illinois, the Board of Trustees of Southern Illinois | ||||||
13 | University, the Board of Trustees of Chicago State | ||||||
14 | University, the Board of Trustees of Eastern Illinois | ||||||
15 | University, the Board of Trustees of Governors State | ||||||
16 | University, the Board of Trustees of Illinois State | ||||||
17 | University, the Board of Trustees of Northeastern Illinois | ||||||
18 | University, the Board of Trustees of Northern Illinois | ||||||
19 | University, the Board of Trustees of Western Illinois | ||||||
20 | University, or the Board of Trustees of the Illinois | ||||||
21 | Mathematics and Science Academy; provided, that an award | ||||||
22 | for damages in a case sounding in tort, other than certain | ||||||
23 | cases involving the operation of a State vehicle described | ||||||
24 | in this paragraph, shall not exceed the sum of $2,000,000 | ||||||
25 | to or for the benefit of any claimant. The $2,000,000 | ||||||
26 | limit prescribed by this Section does not apply to an |
| |||||||
| |||||||
1 | award of damages in any case sounding in tort arising out | ||||||
2 | of the operation by a State employee of a vehicle owned, | ||||||
3 | leased or controlled by the State. The defense that the | ||||||
4 | State or the Medical Center Commission or the Board of | ||||||
5 | Trustees of the University of Illinois, the Board of | ||||||
6 | Trustees of Southern Illinois University, the Board of | ||||||
7 | Trustees of Chicago State University, the Board of | ||||||
8 | Trustees of Eastern Illinois University, the Board of | ||||||
9 | Trustees of Governors State University, the Board of | ||||||
10 | Trustees of Illinois State University, the Board of | ||||||
11 | Trustees of Northeastern Illinois University, the Board of | ||||||
12 | Trustees of Northern Illinois University, the Board of | ||||||
13 | Trustees of Western Illinois University, or the Board of | ||||||
14 | Trustees of the Illinois Mathematics and Science Academy | ||||||
15 | is not liable for the negligence of its officers, agents, | ||||||
16 | and employees in the course of their employment is not | ||||||
17 | applicable to the hearing and determination of such | ||||||
18 | claims. The changes to this Section made by this | ||||||
19 | amendatory Act of the 100th General Assembly apply only to | ||||||
20 | claims filed on or after July 1, 2015. | ||||||
21 | The court shall annually adjust the maximum awards | ||||||
22 | authorized by this subsection to reflect the increase, if | ||||||
23 | any, in the Consumer Price Index For All Urban Consumers | ||||||
24 | for the previous calendar year, as determined by the | ||||||
25 | United States Department of Labor. The Comptroller shall | ||||||
26 | make the new amount resulting from each annual adjustment |
| |||||||
| |||||||
1 | available to the public via the Comptroller's official | ||||||
2 | website by January 31 of every year. | ||||||
3 | (e) All claims for recoupment made by the State of | ||||||
4 | Illinois against any claimant. | ||||||
5 | (f) All claims pursuant to the Line of Duty | ||||||
6 | Compensation Act. A claim under that Act must be heard and | ||||||
7 | determined within one year after the application for that | ||||||
8 | claim is filed with the Court as provided in that Act. | ||||||
9 | (g) All claims filed pursuant to the Crime Victims | ||||||
10 | Compensation Act. | ||||||
11 | (h) All claims pursuant to the Illinois National | ||||||
12 | Guardsman's Compensation Act. A claim under that Act must | ||||||
13 | be heard and determined within one year after the | ||||||
14 | application for that claim is filed with the Court as | ||||||
15 | provided in that Act. | ||||||
16 | (i) All claims authorized by subsection (a) of Section | ||||||
17 | 10-55 of the Illinois Administrative Procedure Act for the | ||||||
18 | expenses incurred by a party in a contested case on the | ||||||
19 | administrative level. | ||||||
20 | (Source: P.A. 100-1124, eff. 11-27-18 .)
| ||||||
21 | (705 ILCS 505/9) (from Ch. 37, par. 439.9) | ||||||
22 | Sec. 9. Court powers and duties. The court may: | ||||||
23 | (a) The court may establish A. Establish rules for its | ||||||
24 | government and for the regulation of practice therein; appoint | ||||||
25 | commissioners to assist the court in such manner as it directs |
| |||||||
| |||||||
1 | and discharge them at will; and exercise such powers as are | ||||||
2 | necessary to carry into effect the powers granted in this | ||||||
3 | Section. Any Commissioner appointed shall be an attorney | ||||||
4 | licensed to practice law in the State of Illinois. The rules | ||||||
5 | established hereunder shall not be waived, and any extension | ||||||
6 | of time authorized by such rules shall only be allowed on | ||||||
7 | motion duly filed within the time limitation for which the | ||||||
8 | extension is requested. | ||||||
9 | (b) The court may issue B. Issue subpoenas through the | ||||||
10 | Chief Justice or one of its judges or commissioners to require | ||||||
11 | the attendance of witnesses for the purpose of testifying | ||||||
12 | before it, or before any judge of the court, or before any | ||||||
13 | notary public, or any of its commissioners, and to require the | ||||||
14 | production of any books, records, papers or documents that may | ||||||
15 | be material or relevant as evidence in any matter pending | ||||||
16 | before it. In case any person refuses to comply with any | ||||||
17 | subpoena issued in the name of the chief justice, or one of the | ||||||
18 | judges or commissioners, attested by the clerk, with the seal | ||||||
19 | of the court attached, and served upon the person named | ||||||
20 | therein as a summons in a civil action is served, the circuit | ||||||
21 | court of the proper county, on application of the party at | ||||||
22 | whose instance the subpoena was issued, shall compel obedience | ||||||
23 | by attachment proceedings, as for contempt, as in a case of a | ||||||
24 | disobedience of the requirements of a subpoena from such court | ||||||
25 | on a refusal to testify therein. | ||||||
26 | (c) The court shall create an online portal that allows |
| |||||||
| |||||||
1 | vendors to submit claims electronically under subsection (b) | ||||||
2 | of Section 8 of this Act, and to view and track the status of | ||||||
3 | their claim. | ||||||
4 | (Source: P.A. 83-865.)
| ||||||
5 | (705 ILCS 505/11) (from Ch. 37, par. 439.11) | ||||||
6 | Sec. 11. Filing claims. | ||||||
7 | (a) Except as otherwise provided in subsection (b) of this | ||||||
8 | Section and subsection (4) of Section 24, the claimant shall | ||||||
9 | in all cases set forth fully in his petition the claim, the | ||||||
10 | action thereon, if any, on behalf of the State, what persons | ||||||
11 | are owners or trustees as defined under Section 3 of the | ||||||
12 | Charitable Trust Act thereof or interested therein, when and | ||||||
13 | upon what consideration such persons became so interested; | ||||||
14 | that no assignment or transfer of the claim or any part thereof | ||||||
15 | or interest therein has been made, except as stated in the | ||||||
16 | petition; that the claimant is justly entitled to the amount | ||||||
17 | therein claimed from the State of Illinois, after allowing all | ||||||
18 | just credits; and that claimant believes the facts stated in | ||||||
19 | the petition to be true. The petition shall be verified, as to | ||||||
20 | statements of facts, by the affidavit of the claimant, his | ||||||
21 | agent, or attorney. | ||||||
22 | (b) Whenever a person has served a term of imprisonment | ||||||
23 | and has received a pardon by the Governor stating that such | ||||||
24 | pardon was issued on the ground of innocence of the crime for | ||||||
25 | which he or she was imprisoned, the Prisoner Review Board |
| |||||||
| |||||||
1 | shall transmit this information to the clerk of the Court of | ||||||
2 | Claims, together with the claimant's current address. Whenever | ||||||
3 | a person has served a term of imprisonment and has received a | ||||||
4 | certificate of innocence from the Circuit Court as provided in | ||||||
5 | Section 2-702 of the Code of Civil Procedure, the clerk of the | ||||||
6 | issuing Circuit Court shall transmit this information to the | ||||||
7 | clerk of the Court of Claims, together with the claimant's | ||||||
8 | current address. The clerk of the Court of Claims shall | ||||||
9 | immediately docket the case for consideration by the Court of | ||||||
10 | Claims, and shall provide notice to the claimant of such | ||||||
11 | docketing together with all hearing dates and applicable | ||||||
12 | deadlines. The Court of Claims shall hear the case and render a | ||||||
13 | decision within 90 days after its docketing. | ||||||
14 | (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
| ||||||
15 | (705 ILCS 505/19) (from Ch. 37, par. 439.19) | ||||||
16 | Sec. 19. The Attorney General, or his assistants under his | ||||||
17 | direction, shall appear for the defense and protection of the | ||||||
18 | interests of the State of Illinois in all cases filed in the | ||||||
19 | court, and may make claim for recoupment by the State. | ||||||
20 | For all claims arising under paragraph (b) of Section 8 of | ||||||
21 | this Act: | ||||||
22 | (1) the Attorney General must electronically confirm | ||||||
23 | receipt of the Claim to the claimant and contact the State | ||||||
24 | agency within 5 days of receiving the claim from the Court | ||||||
25 | to confirm or reject the veracity of the claim. |
| |||||||
| |||||||
1 | (2) the State agency must confirm or reject the | ||||||
2 | veracity of the claim with the Attorney General's office | ||||||
3 | within 30 days of being contacted by the Attorney General. | ||||||
4 | (3) The Attorney General must electronically notify | ||||||
5 | the claimant of the State agency's decision and file a | ||||||
6 | stipulation or motion with the Court within 30 days of the | ||||||
7 | State agency confirming or rejecting the claim. | ||||||
8 | (Source: Laws 1945, p. 660.)
| ||||||
9 | (705 ILCS 505/21) (from Ch. 37, par. 439.21) | ||||||
10 | Sec. 21. The court is authorized to impose, by uniform | ||||||
11 | rules, a fee of $15 for the filing of a petition in any case in | ||||||
12 | which the award sought is more than $500 $50 and less than | ||||||
13 | $10,000 $1,000 and $35 in any case in which the award sought is | ||||||
14 | $10,000 $1,000 or more; and to charge and collect for copies of | ||||||
15 | opinions or other documents filed in the Court of Claims such | ||||||
16 | fees as may be prescribed by the rules of the Court. All fees | ||||||
17 | and charges so collected shall be forthwith paid into the | ||||||
18 | State Treasury. For claims arising from paragraph (b) of | ||||||
19 | Section 8 of this Act, when the Court rules in favor of the | ||||||
20 | vendor, the filing fee shall be refunded to the claimant. | ||||||
21 | A petitioner who is a prisoner in an Illinois Department | ||||||
22 | of Corrections facility who files a pleading, motion, or other | ||||||
23 | filing that purports to be a legal document against the State, | ||||||
24 | the Illinois Department of Corrections, the Prisoner Review | ||||||
25 | Board, or any of their officers or employees in which the court |
| |||||||
| |||||||
1 | makes a specific finding that it is frivolous shall pay all | ||||||
2 | filing fees and court costs in the manner provided in Article | ||||||
3 | XXII of the Code of Civil Procedure. | ||||||
4 | In claims based upon lapsed appropriations or lost warrant | ||||||
5 | or in claims filed under the Line of Duty Compensation Act, the | ||||||
6 | Illinois National Guardsman's Compensation Act, or the Crime | ||||||
7 | Victims Compensation Act or in claims filed by medical vendors | ||||||
8 | for medical services rendered by the claimant to persons | ||||||
9 | eligible for Medical Assistance under programs administered by | ||||||
10 | the Department of Healthcare and Family Services, no filing | ||||||
11 | fee shall be required. | ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
13 | (705 ILCS 505/22) (from Ch. 37, par. 439.22) | ||||||
14 | Sec. 22. Every claim cognizable by the court and not | ||||||
15 | otherwise sooner barred by law shall be forever barred from | ||||||
16 | prosecution therein unless it is filed with the clerk of the | ||||||
17 | court within the time set forth as follows: | ||||||
18 | (a) All claims arising out of a contract must be filed | ||||||
19 | within 5 years after it first accrues, saving to minors, | ||||||
20 | and persons under legal disability at the time the claim | ||||||
21 | accrues, in which cases the claim must be filed within 5 | ||||||
22 | years from the time the disability ceases. | ||||||
23 | (b) All claims cognizable against the State by vendors | ||||||
24 | of goods or services under the Illinois Public Aid Code | ||||||
25 | must be filed within one year after the accrual of the |
| |||||||
| |||||||
1 | cause of action, as provided in Section 11-13 of that | ||||||
2 | Code. | ||||||
3 | (c) All claims arising under paragraph (c) of Section | ||||||
4 | 8 of this Act must be automatically heard by the court | ||||||
5 | within 120 days after the person asserting such claim is | ||||||
6 | either issued a certificate of innocence from the circuit | ||||||
7 | court as provided in Section 2-702 of the Code of Civil | ||||||
8 | Procedure, or is granted a pardon by the Governor, | ||||||
9 | whichever occurs later, without the person asserting the | ||||||
10 | claim being required to file a petition under Section 11 | ||||||
11 | of this Act, except as otherwise provided by the Crime | ||||||
12 | Victims Compensation Act. Any claims filed by the claimant | ||||||
13 | under paragraph (c) of Section 8 of this Act must be filed | ||||||
14 | within 2 years after the person asserting such claim is | ||||||
15 | either issued a certificate of innocence as provided in | ||||||
16 | Section 2-702 of the Code of Civil Procedure, or is | ||||||
17 | granted a pardon by the Governor, whichever occurs later. | ||||||
18 | (d) All claims arising under paragraph (f) of Section | ||||||
19 | 8 of this Act must be filed within the time set forth in | ||||||
20 | Section 3 of the Line of Duty Compensation Act. | ||||||
21 | (e) All claims arising under paragraph (h) of Section | ||||||
22 | 8 of this Act must be filed within one year of the date of | ||||||
23 | the death of the guardsman or militiaman as provided in | ||||||
24 | Section 3 of the Illinois National Guardsman's | ||||||
25 | Compensation Act. | ||||||
26 | (f) All claims arising under paragraph (g) of Section |
| |||||||
| |||||||
1 | 8 of this Act must be filed within one year of the crime on | ||||||
2 | which a claim is based as provided in Section 6.1 of the | ||||||
3 | Crime Victims Compensation Act. | ||||||
4 | (g) All claims arising from the Comptroller's refusal | ||||||
5 | to issue a replacement warrant pursuant to Section 10.10 | ||||||
6 | of the State Comptroller Act must be filed within 5 years | ||||||
7 | after the date of the Comptroller's refusal. | ||||||
8 | (h) All other claims must be filed within 2 years | ||||||
9 | after it first accrues, saving to minors, and persons | ||||||
10 | under legal disability at the time the claim accrues, in | ||||||
11 | which case the claim must be filed within 2 years from the | ||||||
12 | time the disability ceases. | ||||||
13 | (i) The changes made by Public Act 86-458 apply to all | ||||||
14 | warrants issued within the 5-year period preceding August | ||||||
15 | 31, 1989 (the effective date of Public Act 86-458). The | ||||||
16 | changes made to this Section by Public Act 100-1124 apply | ||||||
17 | to claims pending on November 27, 2018 (the effective date | ||||||
18 | of Public Act 100-1124) and to claims filed thereafter. | ||||||
19 | (j) All time limitations established under this Act | ||||||
20 | and the rules promulgated under this Act shall be binding | ||||||
21 | and jurisdictional, except upon extension authorized by | ||||||
22 | law or rule and granted pursuant to a motion timely filed. | ||||||
23 | (k) The Court must electronically confirm receipt of claim | ||||||
24 | to the vendor within 30 days for all claims arising under | ||||||
25 | paragraph (b) of Section 8 of this Act. | ||||||
26 | (1) The State agency must electronically confirm or |
| |||||||
| |||||||
1 | reject all claims arising under paragraph (b) of Section 8 | ||||||
2 | of this Act within 30 days of being contacted by the | ||||||
3 | Attorney General. If the state agency does not confirm or | ||||||
4 | reject a claim within 30 days, the State agency forfeits | ||||||
5 | the right to reject or contest the claim. | ||||||
6 | (2) The Comptroller must issue payment to vendors | ||||||
7 | within 30 days of the Court entering an award for claims | ||||||
8 | arising under paragraph (b) of Section 8 of this Act, | ||||||
9 | subject to available appropriation. | ||||||
10 | (Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
11 | (705 ILCS 505/23) (from Ch. 37, par. 439.23) | ||||||
12 | Sec. 23. Notwithstanding the exceptions for lapsed | ||||||
13 | appropriations as stipulated by 705 ILCS 505/8(b), it It is | ||||||
14 | the policy of the General Assembly to make no appropriation to | ||||||
15 | pay any claim against the State, cognizable by the court, | ||||||
16 | unless an award therefor has been made by the court. | ||||||
17 | (Source: Laws 1945, p. 660.)
| ||||||
18 | (705 ILCS 505/24) (from Ch. 37, par. 439.24) | ||||||
19 | Sec. 24. Payment of awards. | ||||||
20 | (1) From funds appropriated by the General Assembly for | ||||||
21 | the purposes of this Section the Court may direct immediate | ||||||
22 | payment of: | ||||||
23 | (a) All claims arising solely as a result of the | ||||||
24 | lapsing of an appropriation out of which the obligation |
| |||||||
| |||||||
1 | could have been paid. | ||||||
2 | (b) All claims pursuant to the Line of Duty | ||||||
3 | Compensation Act. | ||||||
4 | (c) All claims pursuant to the "Illinois National | ||||||
5 | Guardsman's and Naval Militiaman's Compensation Act", | ||||||
6 | approved August 12, 1971, as amended. | ||||||
7 | (d) All claims pursuant to the "Crime Victims | ||||||
8 | Compensation Act", approved August 23, 1973, as amended. | ||||||
9 | (d-5) All claims against the State for unjust | ||||||
10 | imprisonment as provided in subsection (c) of Section 8 of | ||||||
11 | this Act. | ||||||
12 | (e) All other claims wherein the amount of the award | ||||||
13 | of the Court is less than $50,000. | ||||||
14 | (2) The court may, from funds specifically appropriated | ||||||
15 | from the General Revenue Fund for this purpose, direct the | ||||||
16 | payment of awards less than $100,000 $50,000 solely as a | ||||||
17 | result of the lapsing of an appropriation originally made from | ||||||
18 | any fund held by the State Treasurer. For any such award paid | ||||||
19 | from the General Revenue Fund, the court shall thereafter seek | ||||||
20 | an appropriation from the fund from which the liability | ||||||
21 | originally accrued in reimbursement of the General Revenue | ||||||
22 | Fund. For awards that are less than $2,500, the relevant State | ||||||
23 | agency may pay from current year appropriations. | ||||||
24 | (3) In directing payment of a claim pursuant to the Line of | ||||||
25 | Duty Compensation Act, the Court must direct the Comptroller | ||||||
26 | to add an interest penalty if payment of a claim is not made |
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1 | within 6 months after a claim is filed in accordance with | ||||||
2 | Section 3 of the Line of Duty Compensation Act and all | ||||||
3 | information has been submitted as required under Section 4 of | ||||||
4 | the Line of Duty Compensation Act. If payment is not issued | ||||||
5 | within the 6-month period, an interest penalty of 1% of the | ||||||
6 | amount of the award shall be added for each month or fraction | ||||||
7 | thereof after the end of the 6-month period, until final | ||||||
8 | payment is made. This interest penalty shall be added | ||||||
9 | regardless of whether the payment is not issued within the | ||||||
10 | 6-month period because of the appropriation process, the | ||||||
11 | consideration of the matter by the Court, or any other reason. | ||||||
12 | (3.5) The interest penalty payment provided for in | ||||||
13 | subsection (3) shall be added to all claims for which benefits | ||||||
14 | were not paid as of the effective date of P.A. 95-928. The | ||||||
15 | interest penalty shall be calculated starting from the | ||||||
16 | effective date of P.A. 95-928, provided that the effective | ||||||
17 | date of P.A. 95-928 is at least 6 months after the date on | ||||||
18 | which the claim was filed in accordance with Section 3 of the | ||||||
19 | Line of Duty Compensation Act. In the event that the date 6 | ||||||
20 | months after the date on which the claim was filed is later | ||||||
21 | than the effective date of P.A. 95-928, the Court shall | ||||||
22 | calculate the interest payment penalty starting from the date | ||||||
23 | 6 months after the date on which the claim was filed in | ||||||
24 | accordance with Section 3 of the Line of Duty Compensation | ||||||
25 | Act. This subsection (3.5) of this amendatory Act of the 96th | ||||||
26 | General Assembly is declarative of existing law. |
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1 | (3.6) In addition to the interest payments provided for in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | subsections (3) and (3.5), the Court shall direct the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Comptroller to add a "catch-up" payment to the claims of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | eligible claimants. For the purposes of this subsection (3.6), | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | an "eligible claimant" is a claimant whose claim is not paid in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | the year in which it was filed. For purposes of this subsection | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (3.6), "'catch-up' payment" is defined as the difference | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | between the amount paid to claimants whose claims were filed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | in the year in which the eligible claimant's claim is paid and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | the amount paid to claimants whose claims were filed in the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | year in which the eligible claimant filed his or her claim. The | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | "catch-up" payment is payable simultaneously with the claim | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | award. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (4) From funds appropriated by the General Assembly for | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | the purposes of paying claims under paragraph (c) of Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 8, the court must direct payment of each claim and the payment | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | must be received by the claimant within 60 days after the date | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | that the funds are appropriated for that purpose. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 100-1124, eff. 11-27-18.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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