Illinois 2023-2024 Regular Session

Illinois House Bill HB5064 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5064 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: See Index Amends the State Comptroller Act. Provides an exception for vendors to receive payment by non-electronic means. Provides that outstanding liabilities as of June 30, payable from appropriations which have otherwise expired and interest penalties payable on those liabilities under the State Prompt Payment Act, may be paid out of the expiring appropriations during the 4-month period ending at the close of business on October 31 of each year, without regard to the fiscal year in which the payment is made. Amends the Prompt Payment Act. Removes provisions concerning payments made under the Public Aid Code. Provides that when a State official or agency responsible for administering a contract receives a bill or invoice from a contractor, that State official or agency shall electronically confirm the date on which the bill or invoice was received within 5 business days of receipt, and shall transmit any approved amount to the Comptroller within 30 days of receipt. Amends the Grant Accountability and Transparency Act. Provides that a pre-qualification requirement may include consideration of past performance in administering grants if past performance failed to meet performance goals, indicators, and milestones. Amends the Court of Claims Act. Provides that all claims against the State founded upon any contract entered into with the State of Illinois, except that undisputed individual claims below $2,500 resulting from lapsed appropriations do not fall under the jurisdiction of Court of Claims. State agencies may pay undisputed individual claims below $2,500 resulting from lapsed appropriations from current fiscal year appropriations. Sets forth that the provisions are not intended to prohibit more frequent reporting to assess items such as service needs, gaps, or capacity. Sets forth other provisions concerning grant agreement specifications, separate accounts for State grant funds, expenditures prior to grant execution and reporting requirements. LRB103 37557 MXP 67682 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5064 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED: See Index See Index Amends the State Comptroller Act. Provides an exception for vendors to receive payment by non-electronic means. Provides that outstanding liabilities as of June 30, payable from appropriations which have otherwise expired and interest penalties payable on those liabilities under the State Prompt Payment Act, may be paid out of the expiring appropriations during the 4-month period ending at the close of business on October 31 of each year, without regard to the fiscal year in which the payment is made. Amends the Prompt Payment Act. Removes provisions concerning payments made under the Public Aid Code. Provides that when a State official or agency responsible for administering a contract receives a bill or invoice from a contractor, that State official or agency shall electronically confirm the date on which the bill or invoice was received within 5 business days of receipt, and shall transmit any approved amount to the Comptroller within 30 days of receipt. Amends the Grant Accountability and Transparency Act. Provides that a pre-qualification requirement may include consideration of past performance in administering grants if past performance failed to meet performance goals, indicators, and milestones. Amends the Court of Claims Act. Provides that all claims against the State founded upon any contract entered into with the State of Illinois, except that undisputed individual claims below $2,500 resulting from lapsed appropriations do not fall under the jurisdiction of Court of Claims. State agencies may pay undisputed individual claims below $2,500 resulting from lapsed appropriations from current fiscal year appropriations. Sets forth that the provisions are not intended to prohibit more frequent reporting to assess items such as service needs, gaps, or capacity. Sets forth other provisions concerning grant agreement specifications, separate accounts for State grant funds, expenditures prior to grant execution and reporting requirements. LRB103 37557 MXP 67682 b LRB103 37557 MXP 67682 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5064 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the State Comptroller Act. Provides an exception for vendors to receive payment by non-electronic means. Provides that outstanding liabilities as of June 30, payable from appropriations which have otherwise expired and interest penalties payable on those liabilities under the State Prompt Payment Act, may be paid out of the expiring appropriations during the 4-month period ending at the close of business on October 31 of each year, without regard to the fiscal year in which the payment is made. Amends the Prompt Payment Act. Removes provisions concerning payments made under the Public Aid Code. Provides that when a State official or agency responsible for administering a contract receives a bill or invoice from a contractor, that State official or agency shall electronically confirm the date on which the bill or invoice was received within 5 business days of receipt, and shall transmit any approved amount to the Comptroller within 30 days of receipt. Amends the Grant Accountability and Transparency Act. Provides that a pre-qualification requirement may include consideration of past performance in administering grants if past performance failed to meet performance goals, indicators, and milestones. Amends the Court of Claims Act. Provides that all claims against the State founded upon any contract entered into with the State of Illinois, except that undisputed individual claims below $2,500 resulting from lapsed appropriations do not fall under the jurisdiction of Court of Claims. State agencies may pay undisputed individual claims below $2,500 resulting from lapsed appropriations from current fiscal year appropriations. Sets forth that the provisions are not intended to prohibit more frequent reporting to assess items such as service needs, gaps, or capacity. Sets forth other provisions concerning grant agreement specifications, separate accounts for State grant funds, expenditures prior to grant execution and reporting requirements.
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8	8	A BILL FOR
9	9	HB5064LRB103 37557 MXP 67682 b HB5064 LRB103 37557 MXP 67682 b
10	10	HB5064 LRB103 37557 MXP 67682 b
11	11	1 AN ACT concerning finance.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Comptroller Act is amended by
15	15	5 changing Sections 9 and 9.03 as follows:
16	16	6 (15 ILCS 405/9) (from Ch. 15, par. 209)
17	17	7 Sec. 9. Warrants; vouchers; preaudit.
18	18	8 (a) No payment may be made from public funds held by the
19	19	9 State Treasurer in or outside of the State treasury, except by
20	20	10 warrant drawn by the Comptroller and presented by him to the
21	21	11 treasurer to be countersigned except for payments made
22	22	12 pursuant to Section 9.03 or 9.05 of this Act.
23	23	13 (b) No warrant for the payment of money by the State
24	24	14 Treasurer may be drawn by the Comptroller without the
25	25	15 presentation of itemized vouchers indicating that the
26	26	16 obligation or expenditure is pursuant to law and authorized,
27	27	17 and authorizing the Comptroller to order payment.
28	28	18 (b-1) An itemized voucher for under $5 that is presented
29	29	19 to the Comptroller for payment may be paid through electronic
30	30	20 funds transfer unless the recipient is unable to receive an
31	31	21 electronic funds transfer or requests another form of payment.
32	32	22 This subsection (b-1) does not apply to (i) vouchers presented
33	33	23 by the legislative branch of State government, (ii) vouchers
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5064 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the State Comptroller Act. Provides an exception for vendors to receive payment by non-electronic means. Provides that outstanding liabilities as of June 30, payable from appropriations which have otherwise expired and interest penalties payable on those liabilities under the State Prompt Payment Act, may be paid out of the expiring appropriations during the 4-month period ending at the close of business on October 31 of each year, without regard to the fiscal year in which the payment is made. Amends the Prompt Payment Act. Removes provisions concerning payments made under the Public Aid Code. Provides that when a State official or agency responsible for administering a contract receives a bill or invoice from a contractor, that State official or agency shall electronically confirm the date on which the bill or invoice was received within 5 business days of receipt, and shall transmit any approved amount to the Comptroller within 30 days of receipt. Amends the Grant Accountability and Transparency Act. Provides that a pre-qualification requirement may include consideration of past performance in administering grants if past performance failed to meet performance goals, indicators, and milestones. Amends the Court of Claims Act. Provides that all claims against the State founded upon any contract entered into with the State of Illinois, except that undisputed individual claims below $2,500 resulting from lapsed appropriations do not fall under the jurisdiction of Court of Claims. State agencies may pay undisputed individual claims below $2,500 resulting from lapsed appropriations from current fiscal year appropriations. Sets forth that the provisions are not intended to prohibit more frequent reporting to assess items such as service needs, gaps, or capacity. Sets forth other provisions concerning grant agreement specifications, separate accounts for State grant funds, expenditures prior to grant execution and reporting requirements.
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43	43	A BILL FOR
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68	68	1 presented by the State Treasurer's Office for the payment of
69	69	2 unclaimed property claims authorized under the Revised Uniform
70	70	3 Unclaimed Property Act, or (iii) vouchers presented by the
71	71	4 Department of Revenue for the payment of refunds of taxes
72	72	5 administered by the Department.
73	73	6 (c) The Comptroller shall examine each voucher required by
74	74	7 law to be filed with him and determine whether unencumbered
75	75	8 appropriations or unencumbered obligational or expenditure
76	76	9 authority other than by appropriation are legally available to
77	77	10 incur the obligation or to make the expenditure of public
78	78	11 funds. If he determines that unencumbered appropriations or
79	79	12 other obligational or expenditure authority are not available
80	80	13 from which to incur the obligation or make the expenditure,
81	81	14 the Comptroller shall refuse to draw a warrant.
82	82	15 (d) The Comptroller shall examine each voucher and all
83	83	16 other documentation required to accompany the voucher, and
84	84	17 shall ascertain whether the voucher and documentation meet all
85	85	18 requirements established by or pursuant to law. If the
86	86	19 Comptroller determines that the voucher and documentation do
87	87	20 not meet applicable requirements established by or pursuant to
88	88	21 law, he shall refuse to draw a warrant. As used in this
89	89	22 Section, "requirements established by or pursuant to law"
90	90	23 includes statutory enactments and requirements established by
91	91	24 rules and regulations adopted pursuant to this Act.
92	92	25 (e) Prior to drawing a warrant, the Comptroller may review
93	93	26 the voucher, any documentation accompanying the voucher, and
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104	104	1 any other documentation related to the transaction on file
105	105	2 with him, and determine if the transaction is in accordance
106	106	3 with the law. If based on his review the Comptroller has reason
107	107	4 to believe that such transaction is not in accordance with the
108	108	5 law, he shall refuse to draw a warrant.
109	109	6 (f) Where the Comptroller refuses to draw a warrant
110	110	7 pursuant to this Section, he shall maintain separate records
111	111	8 of such transactions.
112	112	9 (g) State agencies shall have the principal responsibility
113	113	10 for the preaudit of their encumbrances, expenditures, and
114	114	11 other transactions as otherwise required by law.
115	115	12 (Source: P.A. 103-266, eff. 1-1-24.)
116	116	13 (15 ILCS 405/9.03) (from Ch. 15, par. 209.03)
117	117	14 Sec. 9.03. Direct deposit of State payments.
118	118	15 (a) The Comptroller, with the approval of the State
119	119	16 Treasurer, shall may provide by rule or regulation for the
120	120	17 direct deposit of any payment lawfully payable from the State
121	121	18 Treasury and in accordance with federal banking regulations
122	122	19 including but not limited to payments to (i) persons paid from
123	123	20 personal services, (ii) persons receiving benefit payments
124	124	21 from the Comptroller under the State pension systems, (iii)
125	125	22 individuals who receive assistance under Articles III, IV, and
126	126	23 VI of the Illinois Public Aid Code, (iv) providers of services
127	127	24 under the Mental Health and Developmental Disabilities
128	128	25 Administrative Act, (v) providers of community-based mental
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139	139	1 health services, and (vi) providers of services under programs
140	140	2 administered by the State Board of Education, in the accounts
141	141	3 of those persons or entities maintained at a bank, savings and
142	142	4 loan association, or credit union, where authorized by the
143	143	5 payee. The Comptroller also may deposit public aid payments
144	144	6 for individuals who receive assistance under Articles III, IV,
145	145	7 VI, and X of the Illinois Public Aid Code directly into an
146	146	8 electronic benefits transfer account in a financial
147	147	9 institution approved by the State Treasurer as prescribed by
148	148	10 the Illinois Department of Human Services and in accordance
149	149	11 with the rules and regulations of that Department and the
150	150	12 rules and regulations adopted by the Comptroller and the State
151	151	13 Treasurer. The Comptroller, with the approval of the State
152	152	14 Treasurer, shall may provide by rule for the electronic direct
153	153	15 deposit of payments to public agencies and any other payee of
154	154	16 the State. The electronic direct deposits may be made to the
155	155	17 designated account in those financial institutions specified
156	156	18 in this Section for the direct deposit of payments. Within 6
157	157	19 months after the effective date of this amendatory Act of
158	158	20 1994, the Comptroller shall establish a pilot program for the
159	159	21 electronic direct deposit of payments to local school
160	160	22 districts, municipalities, and units of local government. The
161	161	23 payments may be made without the use of the voucher-warrant
162	162	24 system, provided that documentation of approval by the
163	163	25 Treasurer of each group of payments made by direct deposit
164	164	26 shall be retained by the Comptroller. The form and method of
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175	175	1 the Treasurer's approval shall be established by the rules or
176	176	2 regulations adopted by the Comptroller under this Section.
177	177	3 (b) Except as provided in subsection (b-5), all State
178	178	4 payments for an employee's payroll or an employee's expense
179	179	5 reimbursement must be made through direct deposit. It is the
180	180	6 responsibility of the paying State agency to ensure compliance
181	181	7 with this mandate. If a State agency pays an employee's
182	182	8 payroll or an employee's expense reimbursement without using
183	183	9 direct deposit, the Comptroller may charge that employee a
184	184	10 processing fee of $2.50 per paper warrant. The processing fee
185	185	11 may be withheld from the employee's payment or reimbursement.
186	186	12 The amount collected from the fee shall be deposited into the
187	187	13 Comptroller's Administrative Fund.
188	188	14 (b-5) If an employee wants his or her payments deposited
189	189	15 into a secure check account, the employee must submit a direct
190	190	16 deposit form to the paying State agency for his or her payroll
191	191	17 or to the Comptroller for his or her expense reimbursements.
192	192	18 Upon acceptance of the direct deposit form, the Comptroller
193	193	19 shall disburse those funds to the secure check account. For
194	194	20 the purposes of this Section, "secure check account" means an
195	195	21 account established with a financial institution for the
196	196	22 employee that allows the dispensing of the funds in the
197	197	23 account through a third party who dispenses to the employee a
198	198	24 paper check.
199	199	25 (c) All State payments to a vendor that exceed the
200	200	26 allowable limit of paper warrants in a fiscal year, by the same
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211	211	1 agency, must be made through direct deposit. It is the
212	212	2 responsibility of the paying State agency to ensure compliance
213	213	3 with this mandate. If a State agency pays a vendor more times
214	214	4 than the allowable limit in a single fiscal year without using
215	215	5 direct deposit, the Comptroller may charge the vendor a
216	216	6 processing fee of $2.50 per paper warrant. The processing fee
217	217	7 may be withheld from the vendor's payment. The amount
218	218	8 collected from the processing fee shall be deposited into the
219	219	9 Comptroller's Administrative Fund. The Office of the
220	220	10 Comptroller shall define "allowable limit" in the
221	221	11 Comptroller's Statewide Accounting Management System (SAMS)
222	222	12 manual, except that the allowable limit shall not be less than
223	223	13 30 paper warrants. The Office of the Comptroller shall also
224	224	14 provide reasonable notice to all State agencies of the
225	225	15 allowable limit of paper warrants.
226	226	16 (c-1) All State payments to an entity from a payroll or
227	227	17 retirement voluntary deduction must be made through direct
228	228	18 deposit. If an entity receives a payment from a payroll or
229	229	19 retirement voluntary deduction without using direct deposit,
230	230	20 the Comptroller may charge the entity a processing fee of
231	231	21 $2.50 per paper warrant. The processing fee may be withheld
232	232	22 from the entity's payment or billed to the entity at a later
233	233	23 date. The amount collected from the processing fee shall be
234	234	24 deposited into the Comptroller's Administrative Fund. The
235	235	25 Comptroller shall provide reasonable notice to all entities
236	236	26 impacted by this requirement. Any new entities that receive a
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247	247	1 payroll or retirement voluntary deduction must sign up for
248	248	2 direct deposit during the application process.
249	249	3 (c-2) The detail information, such as names, identifiers,
250	250	4 and amounts, associated with a State payment to an entity from
251	251	5 a payroll or retirement voluntary deduction must be retrieved
252	252	6 by the entity from the Comptroller's designated Internet
253	253	7 website or an electronic alternative approved by the
254	254	8 Comptroller. If the entity requires the Comptroller to mail
255	255	9 the detail information, the Comptroller may charge the entity
256	256	10 a processing fee up to $25.00 per mailing. Any processing fee
257	257	11 will be billed to the entity at a later date. The amount
258	258	12 collected from the processing fee shall be deposited into the
259	259	13 Comptroller's Administrative Fund. The Comptroller shall
260	260	14 provide reasonable notice to all entities impacted by this
261	261	15 requirement.
262	262	16 (d) State employees covered by provisions in collective
263	263	17 bargaining agreements that do not require direct deposit of
264	264	18 paychecks are exempt from this mandate. No later than 60 days
265	265	19 after the effective date of this amendatory Act of the 97th
266	266	20 General Assembly, all State agencies must provide to the
267	267	21 Office of the Comptroller a list of employees that are exempt
268	268	22 under this subsection (d) from the direct deposit mandate. In
269	269	23 addition, a State employee or vendor may file a hardship
270	270	24 petition with the Office of the Comptroller requesting an
271	271	25 exemption from the direct deposit mandate under this Section.
272	272	26 A hardship petition shall be made available for download on
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283	283	1 the Comptroller's official Internet website.
284	284	2 (e) Notwithstanding any provision of law to the contrary,
285	285	3 the direct deposit of State payments under this Section for an
286	286	4 employee's payroll, an employee's expense reimbursement, or a
287	287	5 State vendor's payment does not authorize the State to
288	288	6 automatically withdraw funds from those accounts.
289	289	7 (f) For the purposes of this Section, "vendor" means a
290	290	8 non-governmental entity with a taxpayer identification number
291	291	9 issued by the Social Security Administration or Internal
292	292	10 Revenue Service that receives payments through the
293	293	11 Comptroller's commercial system. The term does not include
294	294	12 State agencies.
295	295	13 (g) The requirements of this Section do not apply to the
296	296	14 legislative or judicial branches of State government.
297	297	15 (Source: P.A. 97-348, eff. 8-12-11; 97-993, eff. 9-16-12;
298	298	16 98-463, eff. 8-16-13; 98-1043, eff. 8-25-14.)
299	299	17 Section 10. The State Finance Act is amended by changing
300	300	18 Section 25 as follows:
301	301	19 (30 ILCS 105/25) (from Ch. 127, par. 161)
302	302	20 Sec. 25. Fiscal year limitations.
303	303	21 (a) All appropriations shall be available for expenditure
304	304	22 for the fiscal year or for a lesser period if the Act making
305	305	23 that appropriation so specifies. A deficiency or emergency
306	306	24 appropriation shall be available for expenditure only through
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317	317	1 June 30 of the year when the Act making that appropriation is
318	318	2 enacted unless that Act otherwise provides.
319	319	3 (b) Outstanding liabilities as of June 30, payable from
320	320	4 appropriations which have otherwise expired, and interest
321	321	5 penalties payable on those liabilities under the State Prompt
322	322	6 Payment Act, may be paid out of the expiring appropriations
323	323	7 during the 4-month period ending at the close of business on
324	324	8 October 31 of each year, without regard to the fiscal year in
325	325	9 which the payment is made , may be paid out of the expiring
326	326	10 appropriations during the 2-month period ending at the close
327	327	11 of business on August 31. Any service involving professional
328	328	12 or artistic skills or any personal services by an employee
329	329	13 whose compensation is subject to income tax withholding must
330	330	14 be performed as of June 30 of the fiscal year in order to be
331	331	15 considered an "outstanding liability as of June 30" that is
332	332	16 thereby eligible for payment out of the expiring
333	333	17 appropriation.
334	334	18 (b-1) However, payment of tuition reimbursement claims
335	335	19 under Section 14-7.03 or 18-3 of the School Code may be made by
336	336	20 the State Board of Education from its appropriations for those
337	337	21 respective purposes for any fiscal year, even though the
338	338	22 claims reimbursed by the payment may be claims attributable to
339	339	23 a prior fiscal year, and payments may be made at the direction
340	340	24 of the State Superintendent of Education from the fund from
341	341	25 which the appropriation is made without regard to any fiscal
342	342	26 year limitations, except as required by subsection (j) of this
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353	353	1 Section. Beginning on June 30, 2021, payment of tuition
354	354	2 reimbursement claims under Section 14-7.03 or 18-3 of the
355	355	3 School Code as of June 30, payable from appropriations that
356	356	4 have otherwise expired, may be paid out of the expiring
357	357	5 appropriation during the 4-month period ending at the close of
358	358	6 business on October 31.
359	359	7 (b-2) (Blank).
360	360	8 (b-2.5) (Blank).
361	361	9 (b-2.6) (Blank).
362	362	10 (b-2.6a) (Blank).
363	363	11 (b-2.6b) (Blank).
364	364	12 (b-2.6c) (Blank).
365	365	13 (b-2.6d) All outstanding liabilities as of June 30, 2020,
366	366	14 payable from appropriations that would otherwise expire at the
367	367	15 conclusion of the lapse period for fiscal year 2020, and
368	368	16 interest penalties payable on those liabilities under the
369	369	17 State Prompt Payment Act, may be paid out of the expiring
370	370	18 appropriations until December 31, 2020, without regard to the
371	371	19 fiscal year in which the payment is made, as long as vouchers
372	372	20 for the liabilities are received by the Comptroller no later
373	373	21 than September 30, 2020.
374	374	22 (b-2.6e) All outstanding liabilities as of June 30, 2021,
375	375	23 payable from appropriations that would otherwise expire at the
376	376	24 conclusion of the lapse period for fiscal year 2021, and
377	377	25 interest penalties payable on those liabilities under the
378	378	26 State Prompt Payment Act, may be paid out of the expiring
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389	389	1 appropriations until September 30, 2021, without regard to the
390	390	2 fiscal year in which the payment is made.
391	391	3 (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each
392	392	4 fiscal year thereafter, interest penalties payable under the
393	393	5 State Prompt Payment Act associated with a voucher for which
394	394	6 payment is issued after June 30 may be paid out of the next
395	395	7 fiscal year's appropriation. The future year appropriation
396	396	8 must be for the same purpose and from the same fund as the
397	397	9 original payment. An interest penalty voucher submitted
398	398	10 against a future year appropriation must be submitted within
399	399	11 60 days after the issuance of the associated voucher, except
400	400	12 that, for fiscal year 2018 only, an interest penalty voucher
401	401	13 submitted against a future year appropriation must be
402	402	14 submitted within 60 days of June 5, 2019 (the effective date of
403	403	15 Public Act 101-10). The Comptroller must issue the interest
404	404	16 payment within 60 days after acceptance of the interest
405	405	17 voucher.
406	406	18 (b-3) Medical payments may be made by the Department of
407	407	19 Veterans' Affairs from its appropriations for those purposes
408	408	20 for any fiscal year, without regard to the fact that the
409	409	21 medical services being compensated for by such payment may
410	410	22 have been rendered in a prior fiscal year, except as required
411	411	23 by subsection (j) of this Section. Beginning on June 30, 2021,
412	412	24 medical payments payable from appropriations that have
413	413	25 otherwise expired may be paid out of the expiring
414	414	26 appropriation during the 4-month period ending at the close of
415	415
416	416
417	417
418	418
419	419
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421	421
422	422
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424	424	HB5064 - 12 - LRB103 37557 MXP 67682 b
425	425	1 business on October 31.
426	426	2 (b-4) Medical payments and child care payments may be made
427	427	3 by the Department of Human Services (as successor to the
428	428	4 Department of Public Aid) from appropriations for those
429	429	5 purposes for any fiscal year, without regard to the fact that
430	430	6 the medical or child care services being compensated for by
431	431	7 such payment may have been rendered in a prior fiscal year; and
432	432	8 payments may be made at the direction of the Department of
433	433	9 Healthcare and Family Services (or successor agency) from the
434	434	10 Health Insurance Reserve Fund without regard to any fiscal
435	435	11 year limitations, except as required by subsection (j) of this
436	436	12 Section. Beginning on June 30, 2021, medical and child care
437	437	13 payments made by the Department of Human Services and payments
438	438	14 made at the discretion of the Department of Healthcare and
439	439	15 Family Services (or successor agency) from the Health
440	440	16 Insurance Reserve Fund and payable from appropriations that
441	441	17 have otherwise expired may be paid out of the expiring
442	442	18 appropriation during the 4-month period ending at the close of
443	443	19 business on October 31.
444	444	20 (b-5) Medical payments may be made by the Department of
445	445	21 Human Services from its appropriations relating to substance
446	446	22 abuse treatment services for any fiscal year, without regard
447	447	23 to the fact that the medical services being compensated for by
448	448	24 such payment may have been rendered in a prior fiscal year,
449	449	25 provided the payments are made on a fee-for-service basis
450	450	26 consistent with requirements established for Medicaid
451	451
452	452
453	453
454	454
455	455
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457	457
458	458
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460	460	HB5064 - 13 - LRB103 37557 MXP 67682 b
461	461	1 reimbursement by the Department of Healthcare and Family
462	462	2 Services, except as required by subsection (j) of this
463	463	3 Section. Beginning on June 30, 2021, medical payments made by
464	464	4 the Department of Human Services relating to substance abuse
465	465	5 treatment services payable from appropriations that have
466	466	6 otherwise expired may be paid out of the expiring
467	467	7 appropriation during the 4-month period ending at the close of
468	468	8 business on October 31.
469	469	9 (b-6) (Blank).
470	470	10 (b-7) Payments may be made in accordance with a plan
471	471	11 authorized by paragraph (11) or (12) of Section 405-105 of the
472	472	12 Department of Central Management Services Law from
473	473	13 appropriations for those payments without regard to fiscal
474	474	14 year limitations.
475	475	15 (b-8) Reimbursements to eligible airport sponsors for the
476	476	16 construction or upgrading of Automated Weather Observation
477	477	17 Systems may be made by the Department of Transportation from
478	478	18 appropriations for those purposes for any fiscal year, without
479	479	19 regard to the fact that the qualification or obligation may
480	480	20 have occurred in a prior fiscal year, provided that at the time
481	481	21 the expenditure was made the project had been approved by the
482	482	22 Department of Transportation prior to June 1, 2012 and, as a
483	483	23 result of recent changes in federal funding formulas, can no
484	484	24 longer receive federal reimbursement.
485	485	25 (b-9) (Blank).
486	486	26 (c) Further, payments may be made by the Department of
487	487
488	488
489	489
490	490
491	491
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493	493
494	494
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496	496	HB5064 - 14 - LRB103 37557 MXP 67682 b
497	497	1 Public Health and the Department of Human Services (acting as
498	498	2 successor to the Department of Public Health under the
499	499	3 Department of Human Services Act) from their respective
500	500	4 appropriations for grants for medical care to or on behalf of
501	501	5 premature and high-mortality risk infants and their mothers
502	502	6 and for grants for supplemental food supplies provided under
503	503	7 the United States Department of Agriculture Women, Infants and
504	504	8 Children Nutrition Program, for any fiscal year without regard
505	505	9 to the fact that the services being compensated for by such
506	506	10 payment may have been rendered in a prior fiscal year, except
507	507	11 as required by subsection (j) of this Section. Beginning on
508	508	12 June 30, 2021, payments made by the Department of Public
509	509	13 Health and the Department of Human Services from their
510	510	14 respective appropriations for grants for medical care to or on
511	511	15 behalf of premature and high-mortality risk infants and their
512	512	16 mothers and for grants for supplemental food supplies provided
513	513	17 under the United States Department of Agriculture Women,
514	514	18 Infants and Children Nutrition Program payable from
515	515	19 appropriations that have otherwise expired may be paid out of
516	516	20 the expiring appropriations during the 4-month period ending
517	517	21 at the close of business on October 31.
518	518	22 (d) The Department of Public Health and the Department of
519	519	23 Human Services (acting as successor to the Department of
520	520	24 Public Health under the Department of Human Services Act)
521	521	25 shall each annually submit to the State Comptroller, Senate
522	522	26 President, Senate Minority Leader, Speaker of the House, House
523	523
524	524
525	525
526	526
527	527
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529	529
530	530
531	531	HB5064- 15 -LRB103 37557 MXP 67682 b HB5064 - 15 - LRB103 37557 MXP 67682 b
532	532	HB5064 - 15 - LRB103 37557 MXP 67682 b
533	533	1 Minority Leader, and the respective Chairmen and Minority
534	534	2 Spokesmen of the Appropriations Committees of the Senate and
535	535	3 the House, on or before December 31, a report of fiscal year
536	536	4 funds used to pay for services provided in any prior fiscal
537	537	5 year. This report shall document by program or service
538	538	6 category those expenditures from the most recently completed
539	539	7 fiscal year used to pay for services provided in prior fiscal
540	540	8 years.
541	541	9 (e) The Department of Healthcare and Family Services, the
542	542	10 Department of Human Services (acting as successor to the
543	543	11 Department of Public Aid), and the Department of Human
544	544	12 Services making fee-for-service payments relating to substance
545	545	13 abuse treatment services provided during a previous fiscal
546	546	14 year shall each annually submit to the State Comptroller,
547	547	15 Senate President, Senate Minority Leader, Speaker of the
548	548	16 House, House Minority Leader, the respective Chairmen and
549	549	17 Minority Spokesmen of the Appropriations Committees of the
550	550	18 Senate and the House, on or before November 30, a report that
551	551	19 shall document by program or service category those
552	552	20 expenditures from the most recently completed fiscal year used
553	553	21 to pay for (i) services provided in prior fiscal years and (ii)
554	554	22 services for which claims were received in prior fiscal years.
555	555	23 (f) The Department of Human Services (as successor to the
556	556	24 Department of Public Aid) shall annually submit to the State
557	557	25 Comptroller, Senate President, Senate Minority Leader, Speaker
558	558	26 of the House, House Minority Leader, and the respective
559	559
560	560
561	561
562	562
563	563
564	564	HB5064 - 15 - LRB103 37557 MXP 67682 b
565	565
566	566
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568	568	HB5064 - 16 - LRB103 37557 MXP 67682 b
569	569	1 Chairmen and Minority Spokesmen of the Appropriations
570	570	2 Committees of the Senate and the House, on or before December
571	571	3 31, a report of fiscal year funds used to pay for services
572	572	4 (other than medical care) provided in any prior fiscal year.
573	573	5 This report shall document by program or service category
574	574	6 those expenditures from the most recently completed fiscal
575	575	7 year used to pay for services provided in prior fiscal years.
576	576	8 (g) In addition, each annual report required to be
577	577	9 submitted by the Department of Healthcare and Family Services
578	578	10 under subsection (e) shall include the following information
579	579	11 with respect to the State's Medicaid program:
580	580	12 (1) Explanations of the exact causes of the variance
581	581	13 between the previous year's estimated and actual
582	582	14 liabilities.
583	583	15 (2) Factors affecting the Department of Healthcare and
584	584	16 Family Services' liabilities, including, but not limited
585	585	17 to, numbers of aid recipients, levels of medical service
586	586	18 utilization by aid recipients, and inflation in the cost
587	587	19 of medical services.
588	588	20 (3) The results of the Department's efforts to combat
589	589	21 fraud and abuse.
590	590	22 (h) As provided in Section 4 of the General Assembly
591	591	23 Compensation Act, any utility bill for service provided to a
592	592	24 General Assembly member's district office for a period
593	593	25 including portions of 2 consecutive fiscal years may be paid
594	594	26 from funds appropriated for such expenditure in either fiscal
595	595
596	596
597	597
598	598
599	599
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601	601
602	602
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604	604	HB5064 - 17 - LRB103 37557 MXP 67682 b
605	605	1 year.
606	606	2 (i) An agency which administers a fund classified by the
607	607	3 Comptroller as an internal service fund may issue rules for:
608	608	4 (1) billing user agencies in advance for payments or
609	609	5 authorized inter-fund transfers based on estimated charges
610	610	6 for goods or services;
611	611	7 (2) issuing credits, refunding through inter-fund
612	612	8 transfers, or reducing future inter-fund transfers during
613	613	9 the subsequent fiscal year for all user agency payments or
614	614	10 authorized inter-fund transfers received during the prior
615	615	11 fiscal year which were in excess of the final amounts owed
616	616	12 by the user agency for that period; and
617	617	13 (3) issuing catch-up billings to user agencies during
618	618	14 the subsequent fiscal year for amounts remaining due when
619	619	15 payments or authorized inter-fund transfers received from
620	620	16 the user agency during the prior fiscal year were less
621	621	17 than the total amount owed for that period.
622	622	18 User agencies are authorized to reimburse internal service
623	623	19 funds for catch-up billings by vouchers drawn against their
624	624	20 respective appropriations for the fiscal year in which the
625	625	21 catch-up billing was issued or by increasing an authorized
626	626	22 inter-fund transfer during the current fiscal year. For the
627	627	23 purposes of this Act, "inter-fund transfers" means transfers
628	628	24 without the use of the voucher-warrant process, as authorized
629	629	25 by Section 9.01 of the State Comptroller Act.
630	630	26 (i-1) Beginning on July 1, 2021, all outstanding
631	631
632	632
633	633
634	634
635	635
636	636	HB5064 - 17 - LRB103 37557 MXP 67682 b
637	637
638	638
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640	640	HB5064 - 18 - LRB103 37557 MXP 67682 b
641	641	1 liabilities, not payable during the 4-month lapse period as
642	642	2 described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
643	643	3 of this Section, that are made from appropriations for that
644	644	4 purpose for any fiscal year, without regard to the fact that
645	645	5 the services being compensated for by those payments may have
646	646	6 been rendered in a prior fiscal year, are limited to only those
647	647	7 claims that have been incurred but for which a proper bill or
648	648	8 invoice as defined by the State Prompt Payment Act has not been
649	649	9 received by September 30th following the end of the fiscal
650	650	10 year in which the service was rendered.
651	651	11 (j) Notwithstanding any other provision of this Act, the
652	652	12 aggregate amount of payments to be made without regard for
653	653	13 fiscal year limitations as contained in subsections (b-1),
654	654	14 (b-3), (b-4), (b-5), and (c) of this Section, and determined
655	655	15 by using Generally Accepted Accounting Principles, shall not
656	656	16 exceed the following amounts:
657	657	17 (1) $6,000,000,000 for outstanding liabilities related
658	658	18 to fiscal year 2012;
659	659	19 (2) $5,300,000,000 for outstanding liabilities related
660	660	20 to fiscal year 2013;
661	661	21 (3) $4,600,000,000 for outstanding liabilities related
662	662	22 to fiscal year 2014;
663	663	23 (4) $4,000,000,000 for outstanding liabilities related
664	664	24 to fiscal year 2015;
665	665	25 (5) $3,300,000,000 for outstanding liabilities related
666	666	26 to fiscal year 2016;
667	667
668	668
669	669
670	670
671	671
672	672	HB5064 - 18 - LRB103 37557 MXP 67682 b
673	673
674	674
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676	676	HB5064 - 19 - LRB103 37557 MXP 67682 b
677	677	1 (6) $2,600,000,000 for outstanding liabilities related
678	678	2 to fiscal year 2017;
679	679	3 (7) $2,000,000,000 for outstanding liabilities related
680	680	4 to fiscal year 2018;
681	681	5 (8) $1,300,000,000 for outstanding liabilities related
682	682	6 to fiscal year 2019;
683	683	7 (9) $600,000,000 for outstanding liabilities related
684	684	8 to fiscal year 2020; and
685	685	9 (10) $0 for outstanding liabilities related to fiscal
686	686	10 year 2021 and fiscal years thereafter.
687	687	11 (k) Department of Healthcare and Family Services Medical
688	688	12 Assistance Payments.
689	689	13 (1) Definition of Medical Assistance.
690	690	14 For purposes of this subsection, the term "Medical
691	691	15 Assistance" shall include, but not necessarily be
692	692	16 limited to, medical programs and services authorized
693	693	17 under Titles XIX and XXI of the Social Security Act,
694	694	18 the Illinois Public Aid Code, the Children's Health
695	695	19 Insurance Program Act, the Covering ALL KIDS Health
696	696	20 Insurance Act, the Long Term Acute Care Hospital
697	697	21 Quality Improvement Transfer Program Act, and medical
698	698	22 care to or on behalf of persons suffering from chronic
699	699	23 renal disease, persons suffering from hemophilia, and
700	700	24 victims of sexual assault.
701	701	25 (2) Limitations on Medical Assistance payments that
702	702	26 may be paid from future fiscal year appropriations.
703	703
704	704
705	705
706	706
707	707
708	708	HB5064 - 19 - LRB103 37557 MXP 67682 b
709	709
710	710
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712	712	HB5064 - 20 - LRB103 37557 MXP 67682 b
713	713	1 (A) The maximum amounts of annual unpaid Medical
714	714	2 Assistance bills received and recorded by the
715	715	3 Department of Healthcare and Family Services on or
716	716	4 before June 30th of a particular fiscal year
717	717	5 attributable in aggregate to the General Revenue Fund,
718	718	6 Healthcare Provider Relief Fund, Tobacco Settlement
719	719	7 Recovery Fund, Long-Term Care Provider Fund, and the
720	720	8 Drug Rebate Fund that may be paid in total by the
721	721	9 Department from future fiscal year Medical Assistance
722	722	10 appropriations to those funds are: $700,000,000 for
723	723	11 fiscal year 2013 and $100,000,000 for fiscal year 2014
724	724	12 and each fiscal year thereafter.
725	725	13 (B) Bills for Medical Assistance services rendered
726	726	14 in a particular fiscal year, but received and recorded
727	727	15 by the Department of Healthcare and Family Services
728	728	16 after June 30th of that fiscal year, may be paid from
729	729	17 either appropriations for that fiscal year or future
730	730	18 fiscal year appropriations for Medical Assistance.
731	731	19 Such payments shall not be subject to the requirements
732	732	20 of subparagraph (A).
733	733	21 (C) Medical Assistance bills received by the
734	734	22 Department of Healthcare and Family Services in a
735	735	23 particular fiscal year, but subject to payment amount
736	736	24 adjustments in a future fiscal year may be paid from a
737	737	25 future fiscal year's appropriation for Medical
738	738	26 Assistance. Such payments shall not be subject to the
739	739
740	740
741	741
742	742
743	743
744	744	HB5064 - 20 - LRB103 37557 MXP 67682 b
745	745
746	746
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748	748	HB5064 - 21 - LRB103 37557 MXP 67682 b
749	749	1 requirements of subparagraph (A).
750	750	2 (D) Medical Assistance payments made by the
751	751	3 Department of Healthcare and Family Services from
752	752	4 funds other than those specifically referenced in
753	753	5 subparagraph (A) may be made from appropriations for
754	754	6 those purposes for any fiscal year without regard to
755	755	7 the fact that the Medical Assistance services being
756	756	8 compensated for by such payment may have been rendered
757	757	9 in a prior fiscal year. Such payments shall not be
758	758	10 subject to the requirements of subparagraph (A).
759	759	11 (3) Extended lapse period for Department of Healthcare
760	760	12 and Family Services Medical Assistance payments.
761	761	13 Notwithstanding any other State law to the contrary,
762	762	14 outstanding Department of Healthcare and Family Services
763	763	15 Medical Assistance liabilities, as of June 30th, payable
764	764	16 from appropriations which have otherwise expired, may be
765	765	17 paid out of the expiring appropriations during the 4-month
766	766	18 period ending at the close of business on October 31st.
767	767	19 (l) The changes to this Section made by Public Act 97-691
768	768	20 shall be effective for payment of Medical Assistance bills
769	769	21 incurred in fiscal year 2013 and future fiscal years. The
770	770	22 changes to this Section made by Public Act 97-691 shall not be
771	771	23 applied to Medical Assistance bills incurred in fiscal year
772	772	24 2012 or prior fiscal years.
773	773	25 (m) The Comptroller must issue payments against
774	774	26 outstanding liabilities that were received prior to the lapse
775	775
776	776
777	777
778	778
779	779
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781	781
782	782
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784	784	HB5064 - 22 - LRB103 37557 MXP 67682 b
785	785	1 period deadlines set forth in this Section as soon thereafter
786	786	2 as practical, but no payment may be issued after the 4 months
787	787	3 following the lapse period deadline without the signed
788	788	4 authorization of the Comptroller and the Governor or as
789	789	5 provided by Section 18 of the Court of Claims Act.
790	790	6 (Source: P.A. 102-16, eff. 6-17-21; 102-291, eff. 8-6-21;
791	791	7 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
792	792	8 6-7-23.)
793	793	9 Section 15. The State Prompt Payment Act is amended by
794	794	10 changing Sections 1, 3-2, 3-3, 3-4, 3-5, 3-6, 5, and 7 as
795	795	11 follows:
796	796	12 (30 ILCS 540/1) (from Ch. 127, par. 132.401)
797	797	13 Sec. 1. This Act applies to any State official or agency
798	798	14 authorized to provide for payment from State funds, by virtue
799	799	15 of any appropriation of the General Assembly, for goods or
800	800	16 services furnished to the State.
801	801	17 For purposes of this Act, "goods or services furnished to
802	802	18 the State" include but are not limited to (i) covered health
803	803	19 care provided to eligible members and their covered dependents
804	804	20 in accordance with the State Employees Group Insurance Act of
805	805	21 1971, including coverage through a physician-owned health
806	806	22 maintenance organization under Section 6.1 of that Act, (ii)
807	807	23 prevention, intervention, or treatment services and supports
808	808	24 for persons with developmental disabilities, mental health
809	809
810	810
811	811
812	812
813	813
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815	815
816	816
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818	818	HB5064 - 23 - LRB103 37557 MXP 67682 b
819	819	1 services, alcohol and substance abuse services, rehabilitation
820	820	2 services, and early intervention services provided by a
821	821	3 vendor, and (iii) prevention, intervention, or treatment
822	822	4 services and supports for youth provided by a vendor by virtue
823	823	5 of a contractual grant agreement. For the purposes of items
824	824	6 (ii) and (iii), a vendor includes but is not limited to sellers
825	825	7 of goods and services, including community-based organizations
826	826	8 that are licensed to provide prevention, intervention, or
827	827	9 treatment services and supports for persons with developmental
828	828	10 disabilities, mental illness, and substance abuse problems, or
829	829	11 that provides prevention, intervention, or treatment services
830	830	12 and supports for youth.
831	831	13 For the purposes of this Act, "appropriate State official
832	832	14 or agency" is defined as the Director or Chief Executive or his
833	833	15 designee of that State agency or department or facility of
834	834	16 such agency or department. With respect to covered health care
835	835	17 provided to eligible members and their dependents in
836	836	18 accordance with the State Employees Group Insurance Act of
837	837	19 1971, "appropriate State official or agency" also includes an
838	838	20 administrator of a program of health benefits under that Act.
839	839	21 As used in this Act, "eligible member" means a member who
840	840	22 is eligible for health benefits under the State Employees
841	841	23 Group Insurance Act of 1971, and "member" and "dependent" have
842	842	24 the meanings ascribed to those terms in that Act.
843	843	25 As used in this Act, "a proper bill or invoice" means a
844	844	26 bill or invoice, including, but not limited to, an invoice
845	845
846	846
847	847
848	848
849	849
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851	851
852	852
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854	854	HB5064 - 24 - LRB103 37557 MXP 67682 b
855	855	1 issued under a contractual grant agreement, that includes the
856	856	2 information necessary for processing the payment as may be
857	857	3 specified by a State agency and in rules adopted in accordance
858	858	4 with this Act. Beginning on and after July 1, 2021, "a proper
859	859	5 bill or invoice" shall also include the names of all
860	860	6 subcontractors or subconsultants to be paid from the bill or
861	861	7 invoice and the amounts due to each of them, if any.
862	862	8 (Source: P.A. 100-549, eff. 1-1-18; 101-524, eff. 1-1-20.)
863	863	9 (30 ILCS 540/3-2)
864	864	10 Sec. 3-2. Beginning July 1, 1993, in any instance where a
865	865	11 State official or agency is late in payment of a vendor's bill
866	866	12 or invoice for goods or services furnished to the State, as
867	867	13 defined in Section 1, properly approved in accordance with
868	868	14 rules promulgated under Section 3-3, the State official or
869	869	15 agency shall pay interest to the vendor in accordance with the
870	870	16 following:
871	871	17 (1) (Blank). Any bill, except a bill submitted under
872	872	18 Article V of the Illinois Public Aid Code and except as
873	873	19 provided under paragraph (1.05) of this Section, approved
874	874	20 for payment under this Section must be paid or the payment
875	875	21 issued to the payee within 60 days of receipt of a proper
876	876	22 bill or invoice. If payment is not issued to the payee
877	877	23 within this 60-day period, an interest penalty of 1.0% of
878	878	24 any amount approved and unpaid shall be added for each
879	879	25 month or fraction thereof after the end of this 60-day
880	880
881	881
882	882
883	883
884	884
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886	886
887	887
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889	889	HB5064 - 25 - LRB103 37557 MXP 67682 b
890	890	1 period, until final payment is made. Any bill, except a
891	891	2 bill for pharmacy or nursing facility services or goods,
892	892	3 and except as provided under paragraph (1.05) of this
893	893	4 Section, submitted under Article V of the Illinois Public
894	894	5 Aid Code approved for payment under this Section must be
895	895	6 paid or the payment issued to the payee within 60 days
896	896	7 after receipt of a proper bill or invoice, and, if payment
897	897	8 is not issued to the payee within this 60-day period, an
898	898	9 interest penalty of 2.0% of any amount approved and unpaid
899	899	10 shall be added for each month or fraction thereof after
900	900	11 the end of this 60-day period, until final payment is
901	901	12 made. Any bill for pharmacy or nursing facility services
902	902	13 or goods submitted under Article V of the Illinois Public
903	903	14 Aid Code, except as provided under paragraph (1.05) of
904	904	15 this Section, and approved for payment under this Section
905	905	16 must be paid or the payment issued to the payee within 60
906	906	17 days of receipt of a proper bill or invoice. If payment is
907	907	18 not issued to the payee within this 60-day period, an
908	908	19 interest penalty of 1.0% of any amount approved and unpaid
909	909	20 shall be added for each month or fraction thereof after
910	910	21 the end of this 60-day period, until final payment is
911	911	22 made.
912	912	23 (1.05) Except as provided in paragraph (3) of this
913	913	24 Section, for For State fiscal years year 2012 through 2024
914	914	25 and future fiscal years, any bill approved for payment
915	915	26 under this Section must be paid or the payment issued to
916	916
917	917
918	918
919	919
920	920
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922	922
923	923
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925	925	HB5064 - 26 - LRB103 37557 MXP 67682 b
926	926	1 the payee within 90 days of receipt of a proper bill or
927	927	2 invoice. If payment is not issued to the payee within this
928	928	3 90-day period, an interest penalty of 1.0% of any amount
929	929	4 approved and unpaid shall be added for each month, or
930	930	5 0.033% (one-thirtieth of one percent) of any amount
931	931	6 approved and unpaid for each day, after the end of this
932	932	7 90-day period, until final payment is made.
933	933	8 For State fiscal year 2025 and future fiscal years,
934	934	9 any bill approved for payment under this Section must be
935	935	10 paid or the payment issued to the payee within 45 days of
936	936	11 receipt of a proper bill or invoice. If payment is not
937	937	12 issued to the payee within this 45-day period, an interest
938	938	13 penalty of 1.0% of any amount approved and unpaid shall be
939	939	14 added for each month, or 0.033% (one-thirtieth of one
940	940	15 percent) of any amount approved and unpaid for each day,
941	941	16 after the end of this 45-day period, until final payment
942	942	17 is made.
943	943	18 (1.1) A State agency shall review in a timely manner
944	944	19 each bill or invoice within 30 days after its receipt. If
945	945	20 the State agency determines that the bill or invoice
946	946	21 contains a defect making it unable to process the payment
947	947	22 request, the agency shall notify the vendor requesting
948	948	23 payment as soon as possible after discovering the defect
949	949	24 pursuant to rules promulgated under Section 3-3; provided,
950	950	25 however, that the notice for construction related bills or
951	951	26 invoices must be given not later than 30 days after the
952	952
953	953
954	954
955	955
956	956
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958	958
959	959
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961	961	HB5064 - 27 - LRB103 37557 MXP 67682 b
962	962	1 bill or invoice was first submitted. The notice shall
963	963	2 identify the defect and any additional information
964	964	3 necessary to correct the defect. If one or more items on a
965	965	4 construction related bill or invoice are disapproved, but
966	966	5 not the entire bill or invoice, then the portion that is
967	967	6 not disapproved shall be paid in accordance with the
968	968	7 requirements of this Act.
969	969	8 (2) Where a State official or agency is late in
970	970	9 payment of a vendor's bill or invoice properly approved in
971	971	10 accordance with this Act, and different late payment terms
972	972	11 are not reduced to writing as a contractual agreement, the
973	973	12 State official or agency shall automatically pay interest
974	974	13 penalties required by this Section amounting to $50 or
975	975	14 more to the appropriate vendor. Each agency shall be
976	976	15 responsible for determining whether an interest penalty is
977	977	16 owed and for paying the interest to the vendor. Except as
978	978	17 provided in paragraph (4), an individual interest payment
979	979	18 amounting to $5 or less shall not be paid by the State.
980	980	19 Interest due to a vendor that amounts to greater than $5
981	981	20 and less than $50 shall not be paid but shall be accrued
982	982	21 until all interest due the vendor for all similar warrants
983	983	22 exceeds $50, at which time the accrued interest shall be
984	984	23 payable and interest will begin accruing again, except
985	985	24 that interest accrued as of the end of the fiscal year that
986	986	25 does not exceed $50 shall be payable at that time. In the
987	987	26 event an individual has paid a vendor for services in
988	988
989	989
990	990
991	991
992	992
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994	994
995	995
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997	997	HB5064 - 28 - LRB103 37557 MXP 67682 b
998	998	1 advance, the provisions of this Section shall apply until
999	999	2 payment is made to that individual.
1000	1000	3 (3) The provisions of Public Act 96-1501 reducing the
1001	1001	4 interest rate on pharmacy claims under Article V of the
1002	1002	5 Illinois Public Aid Code to 1.0% per month shall apply to
1003	1003	6 any pharmacy bills for services and goods under Article V
1004	1004	7 of the Illinois Public Aid Code received on or after the
1005	1005	8 date 60 days before January 25, 2011 (the effective date
1006	1006	9 of Public Act 96-1501) except as provided under paragraph
1007	1007	10 (1.05) of this Section.
1008	1008	11 (4) Interest amounting to less than $5 shall not be
1009	1009	12 paid by the State, except for claims (i) to the Department
1010	1010	13 of Healthcare and Family Services or the Department of
1011	1011	14 Human Services, (ii) pursuant to Article V of the Illinois
1012	1012	15 Public Aid Code, the Covering ALL KIDS Health Insurance
1013	1013	16 Act, or the Children's Health Insurance Program Act, and
1014	1014	17 (iii) made (A) by pharmacies for prescriptive services or
1015	1015	18 (B) by any federally qualified health center for
1016	1016	19 prescriptive services or any other services.
1017	1017	20 Notwithstanding any provision to the contrary, interest
1018	1018	21 may not be paid under this Act when: (1) a Chief Procurement
1019	1019	22 Officer has voided the underlying contract for goods or
1020	1020	23 services under Article 50 of the Illinois Procurement Code; or
1021	1021	24 (2) the Auditor General is conducting a performance or program
1022	1022	25 audit and the Comptroller has held or is holding for review a
1023	1023	26 related contract or vouchers for payment of goods or services
1024	1024
1025	1025
1026	1026
1027	1027
1028	1028
1029	1029	HB5064 - 28 - LRB103 37557 MXP 67682 b
1030	1030
1031	1031
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1033	1033	HB5064 - 29 - LRB103 37557 MXP 67682 b
1034	1034	1 in the exercise of duties under Section 9 of the State
1035	1035	2 Comptroller Act. In such event, interest shall not accrue
1036	1036	3 during the pendency of the Auditor General's review.
1037	1037	4 (Source: P.A. 100-1064, eff. 8-24-18.)
1038	1038	5 (30 ILCS 540/3-3) (from Ch. 127, par. 132.403-3)
1039	1039	6 Sec. 3-3. The State Comptroller and the Department of
1040	1040	7 Central Management Services shall jointly promulgate rules and
1041	1041	8 policies to govern the uniform application of this Act. These
1042	1042	9 rules and policies shall include procedures and time frames
1043	1043	10 for approving a bill or invoice from a vendor for goods or
1044	1044	11 services furnished to the State. Those rules shall require
1045	1045	12 that action to approve or reject a bill or invoice shall be
1046	1046	13 taken not more than 30 days after receiving the bill or invoice
1047	1047	14 from the vendor. These rules and policies shall provide for
1048	1048	15 procedures and time frames applicable to payment plans as may
1049	1049	16 be agreed upon between State agencies and vendors. These rules
1050	1050	17 and policies shall be binding on all officials and agencies
1051	1051	18 under this Act's jurisdiction. These rules and policies may be
1052	1052	19 made effective no earlier than July 1, 1993.
1053	1053	20 (Source: P.A. 92-384, eff. 7-1-02.)
1054	1054	21 (30 ILCS 540/3-4)
1055	1055	22 Sec. 3-4. The State Comptroller must specify the manner in
1056	1056	23 which State agencies shall record interest penalty payments
1057	1057	24 made under this Act. The State Comptroller may require
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063	HB5064 - 29 - LRB103 37557 MXP 67682 b
1064	1064
1065	1065
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1067	1067	HB5064 - 30 - LRB103 37557 MXP 67682 b
1068	1068	1 vouchers submitted for payment, including submission by
1069	1069	2 electronic or other means approved by the Comptroller, to
1070	1070	3 indicate the appropriate date from which interest penalties
1071	1071	4 may be calculated as required under this Act. The date from
1072	1072	5 which interest penalties for late payments may be calculated
1073	1073	6 may be the effective date of the grant, if work included in the
1074	1074	7 grant agreement began on or after the effective date of the
1075	1075	8 grant.
1076	1076	9 (Source: P.A. 92-384, eff. 7-1-02.)
1077	1077	10 (30 ILCS 540/3-5)
1078	1078	11 Sec. 3-5. Budget Stabilization Fund; insufficient
1079	1079	12 appropriation. If an agency incurs an interest liability under
1080	1080	13 this Act that is ordinarily payable from the Budget
1081	1081	14 Stabilization Fund, but the agency has insufficient
1082	1082	15 appropriation authority from the Budget Stabilization Fund to
1083	1083	16 make the interest payment at the time the interest payment is
1084	1084	17 due, the agency is authorized to pay the interest from its
1085	1085	18 available appropriations from any funding source the General
1086	1086	19 Revenue Fund.
1087	1087	20 (Source: P.A. 100-23, eff. 7-6-17.)
1088	1088	21 (30 ILCS 540/3-6)
1089	1089	22 Sec. 3-6. Federal funds; lack of authority. If an agency
1090	1090	23 incurs an interest liability under this Act that cannot be
1091	1091	24 charged to the same expenditure authority account to which the
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096
1097	1097	HB5064 - 30 - LRB103 37557 MXP 67682 b
1098	1098
1099	1099
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1101	1101	HB5064 - 31 - LRB103 37557 MXP 67682 b
1102	1102	1 related goods or services were charged due to federal
1103	1103	2 prohibitions, the agency is authorized to pay the interest
1104	1104	3 from its available appropriations from any funding source the
1105	1105	4 General Revenue Fund.
1106	1106	5 (Source: P.A. 100-587, eff. 6-4-18.)
1107	1107	6 (30 ILCS 540/5) (from Ch. 127, par. 132.405)
1108	1108	7 Sec. 5. The State remittance and the grant agreement shall
1109	1109	8 indicate that payment of interest may be available for failure
1110	1110	9 to comply with this Act.
1111	1111	10 (Source: P.A. 92-384, eff. 7-1-02.)
1112	1112	11 (30 ILCS 540/7) (from Ch. 127, par. 132.407)
1113	1113	12 Sec. 7. Payments to subcontractors and material suppliers.
1114	1114	13 (a) When a State official or agency responsible for
1115	1115	14 administering a contract receives a bill or invoice from a
1116	1116	15 contractor, that State official or agency shall electronically
1117	1117	16 confirm the date on which the bill or invoice was received
1118	1118	17 within 5 business days of receipt, and shall transmit any
1119	1119	18 approved amount to the Comptroller within 30 days of receipt.
1120	1120	19 (a-1) When a State official or agency responsible for
1121	1121	20 administering a contract submits a voucher to the Comptroller
1122	1122	21 for payment to a contractor, that State official or agency
1123	1123	22 shall promptly make available electronically the voucher
1124	1124	23 number, the date of the voucher, and the amount of the voucher
1125	1125	24 within 5 business days of submitting the voucher to the
1126	1126
1127	1127
1128	1128
1129	1129
1130	1130
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1132	1132
1133	1133
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1135	1135	HB5064 - 32 - LRB103 37557 MXP 67682 b
1136	1136	1 Comptroller. The State official or agency responsible for
1137	1137	2 administering the contract shall provide subcontractors and
1138	1138	3 material suppliers, known to the State official or agency,
1139	1139	4 with instructions on how to access the electronic information
1140	1140	5 on the Comptroller's website.
1141	1141	6 (a-5) When a contractor receives any payment, the
1142	1142	7 contractor shall pay each subcontractor and material supplier
1143	1143	8 electronically within 10 business days or 15 calendar days,
1144	1144	9 whichever occurs earlier, or, if paid by a printed check, the
1145	1145	10 printed check must be postmarked within 10 business days or 15
1146	1146	11 calendar days, whichever occurs earlier, after receiving
1147	1147	12 payment in proportion to the work completed by each
1148	1148	13 subcontractor and material supplier its application or pay
1149	1149	14 estimate, plus interest received under this Act. When a
1150	1150	15 contractor receives any payment, the contractor shall pay each
1151	1151	16 lower-tiered subcontractor and material supplier and each
1152	1152	17 subcontractor and material supplier shall make payment to its
1153	1153	18 own respective subcontractors and material suppliers. If the
1154	1154	19 contractor receives less than the full payment due under the
1155	1155	20 public construction contract, the contractor shall be
1156	1156	21 obligated to disburse on a pro rata basis those funds
1157	1157	22 received, plus interest received under this Act, with the
1158	1158	23 contractor, subcontractors and material suppliers each
1159	1159	24 receiving a prorated portion based on the amount of payment
1160	1160	25 each has earned. When, however, the State official or agency
1161	1161	26 does not release the full payment due under the contract
1162	1162
1163	1163
1164	1164
1165	1165
1166	1166
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1168	1168
1169	1169
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1171	1171	HB5064 - 33 - LRB103 37557 MXP 67682 b
1172	1172	1 because there are specific areas of work or materials the
1173	1173	2 State agency or official has determined are not suitable for
1174	1174	3 payment, then those specific subcontractors or material
1175	1175	4 suppliers involved shall not be paid for that portion of work
1176	1176	5 rejected or deemed not suitable for payment and all other
1177	1177	6 subcontractors and suppliers shall be paid based upon the
1178	1178	7 amount of payment each has earned, plus interest received
1179	1179	8 under this Act.
1180	1180	9 (a-10) For construction contracts with the Department of
1181	1181	10 Transportation, the contractor, subcontractor, or material
1182	1182	11 supplier, regardless of tier, shall not offset, decrease, or
1183	1183	12 diminish payment or payments that are due to its
1184	1184	13 subcontractors or material suppliers without reasonable cause.
1185	1185	14 A contractor, who refuses to make prompt payment within 10
1186	1186	15 business days or 15 calendar days, whichever occurs earlier,
1187	1187	16 after receiving payment, in whole or in part, shall provide to
1188	1188	17 the subcontractor or material supplier and the public owner or
1189	1189	18 its agent, a written notice of that refusal. The written
1190	1190	19 notice shall be made by a contractor no later than 5 calendar
1191	1191	20 days after payment is received by the contractor. The written
1192	1192	21 notice shall identify the Department of Transportation's
1193	1193	22 contract, any subcontract or material purchase agreement, a
1194	1194	23 detailed reason for refusal, the value of the payment to be
1195	1195	24 withheld, and the specific remedial actions required of the
1196	1196	25 subcontractor or material supplier so that payment may be
1197	1197	26 made. Written notice of refusal may be given in a form and
1198	1198
1199	1199
1200	1200
1201	1201
1202	1202
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1204	1204
1205	1205
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1208	1208	1 method which is acceptable to the parties and public owner.
1209	1209	2 (b) If the contractor, without reasonable cause, fails to
1210	1210	3 make full payment of amounts due under subsection (a) to its
1211	1211	4 subcontractors and material suppliers within 10 business days
1212	1212	5 or 15 calendar days, whichever occurs earlier, after receipt
1213	1213	6 of payment from the State official or agency, the contractor
1214	1214	7 shall pay to its subcontractors and material suppliers, in
1215	1215	8 addition to the payment due them, interest in the amount of 2%
1216	1216	9 per month, calculated from the expiration of the
1217	1217	10 10-business-day period or the 15-calendar-day period until
1218	1218	11 fully paid. This subsection shall further apply to any
1219	1219	12 payments made by subcontractors and material suppliers to
1220	1220	13 their subcontractors and material suppliers and to all
1221	1221	14 payments made to lower tier subcontractors and material
1222	1222	15 suppliers throughout the contracting chain.
1223	1223	16 (1) If a contractor, without reasonable cause, fails
1224	1224	17 to make payment in full as provided in subsection (a-5)
1225	1225	18 within 10 business days or 15 calendar days, whichever
1226	1226	19 occurs earlier, after receipt of payment under the public
1227	1227	20 construction contract, any subcontractor or material
1228	1228	21 supplier to whom payments are owed may file a written
1229	1229	22 notice and request for administrative hearing with the
1230	1230	23 State official or agency setting forth the amount owed by
1231	1231	24 the contractor and the contractor's failure to timely pay
1232	1232	25 the amount owed. The written notice and request for
1233	1233	26 administrative hearing shall identify the public
1234	1234
1235	1235
1236	1236
1237	1237
1238	1238
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1240	1240
1241	1241
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1244	1244	1 construction contract, the contractor, and the amount
1245	1245	2 owed, and shall contain a sworn statement or attestation
1246	1246	3 to verify the accuracy of the notice. The notice and
1247	1247	4 request for administrative hearing shall be filed with the
1248	1248	5 State official for the public construction contract, with
1249	1249	6 a copy of the notice concurrently provided to the
1250	1250	7 contractor. Notice to the State official may be made by
1251	1251	8 certified or registered mail, messenger service, or
1252	1252	9 personal service, and must include proof of delivery to
1253	1253	10 the State official.
1254	1254	11 (2) The State official or agency, within 15 calendar
1255	1255	12 days after receipt of a subcontractor's or material
1256	1256	13 supplier's written notice and request for administrative
1257	1257	14 hearing, shall hold a hearing convened by an
1258	1258	15 administrative law judge to determine whether the
1259	1259	16 contractor withheld payment, without reasonable cause,
1260	1260	17 from the subcontractors or material suppliers and what
1261	1261	18 amount, if any, is due to the subcontractors or material
1262	1262	19 suppliers, and the reasonable cause or causes asserted by
1263	1263	20 the contractor. The State official or agency shall provide
1264	1264	21 appropriate notice to the parties of the date, time, and
1265	1265	22 location of the hearing. Each contractor, subcontractor,
1266	1266	23 or material supplier has the right to be represented by
1267	1267	24 counsel at a hearing and to cross-examine witnesses and
1268	1268	25 challenge documents. Upon the request of the subcontractor
1269	1269	26 or material supplier and a showing of good cause,
1270	1270
1271	1271
1272	1272
1273	1273
1274	1274
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1276	1276
1277	1277
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1280	1280	1 reasonable continuances may be granted by the
1281	1281	2 administrative law judge.
1282	1282	3 (3) Upon a finding by the administrative law judge
1283	1283	4 that the contractor failed to make payment in full,
1284	1284	5 without reasonable cause, as provided in subsection
1285	1285	6 (a-10), then the administrative law judge shall, in
1286	1286	7 writing, order the contractor to pay the amount owed to
1287	1287	8 the subcontractors or material suppliers plus interest
1288	1288	9 within 15 calendar days after the order.
1289	1289	10 (4) If a contractor fails to make full payment as
1290	1290	11 ordered under paragraph (3) of this subsection (b) within
1291	1291	12 15 days after the administrative law judge's order, then
1292	1292	13 the contractor shall be barred from entering into a State
1293	1293	14 public construction contract for a period of one year
1294	1294	15 beginning on the date of the administrative law judge's
1295	1295	16 order.
1296	1296	17 (5) If, on 2 or more occasions within a
1297	1297	18 3-calendar-year period, there is a finding by an
1298	1298	19 administrative law judge that the contractor failed to
1299	1299	20 make payment in full, without reasonable cause, and a
1300	1300	21 written order was issued to a contractor under paragraph
1301	1301	22 (3) of this subsection (b), then the contractor shall be
1302	1302	23 barred from entering into a State public construction
1303	1303	24 contract for a period of 6 months beginning on the date of
1304	1304	25 the administrative law judge's second written order, even
1305	1305	26 if the payments required under the orders were made in
1306	1306
1307	1307
1308	1308
1309	1309
1310	1310
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1312	1312
1313	1313
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1316	1316	1 full.
1317	1317	2 (6) If a contractor fails to make full payment as
1318	1318	3 ordered under paragraph (4) of this subsection (b), the
1319	1319	4 subcontractor or material supplier may, within 30 days of
1320	1320	5 the date of that order, petition the State agency for an
1321	1321	6 order for reasonable attorney's fees and costs incurred in
1322	1322	7 the prosecution of the action under this subsection (b).
1323	1323	8 Upon that petition and taking of additional evidence, as
1324	1324	9 may be required, the administrative law judge may issue a
1325	1325	10 supplemental order directing the contractor to pay those
1326	1326	11 reasonable attorney's fees and costs.
1327	1327	12 (7) The written order of the administrative law judge
1328	1328	13 shall be final and appealable under the Administrative
1329	1329	14 Review Law.
1330	1330	15 (b-5) On or before July 2021, the Department of
1331	1331	16 Transportation shall publish on its website a searchable
1332	1332	17 database that allows for queries for each active construction
1333	1333	18 contract by the name of a subcontractor or the pay item such
1334	1334	19 that each pay item is associated with either the prime
1335	1335	20 contractor or a subcontractor.
1336	1336	21 (c) This Section shall not be construed to in any manner
1337	1337	22 diminish, negate, or interfere with the
1338	1338	23 contractor-subcontractor or contractor-material supplier
1339	1339	24 relationship or commercially useful function.
1340	1340	25 (d) This Section shall not preclude, bar, or stay the
1341	1341	26 rights, remedies, and defenses available to the parties by way
1342	1342
1343	1343
1344	1344
1345	1345
1346	1346
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1348	1348
1349	1349
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1351	1351	HB5064 - 38 - LRB103 37557 MXP 67682 b
1352	1352	1 of the operation of their contract, purchase agreement, the
1353	1353	2 Mechanics Lien Act, or the Public Construction Bond Act.
1354	1354	3 (e) State officials and agencies may adopt rules as may be
1355	1355	4 deemed necessary in order to establish the formal procedures
1356	1356	5 required under this Section.
1357	1357	6 (f) As used in this Section:
1358	1358	7 "Payment" means the discharge of an obligation in money or
1359	1359	8 other valuable consideration or thing delivered in full or
1360	1360	9 partial satisfaction of an obligation to pay. "Payment" shall
1361	1361	10 include interest paid pursuant to this Act.
1362	1362	11 "Reasonable cause" may include, but is not limited to,
1363	1363	12 unsatisfactory workmanship or materials; failure to provide
1364	1364	13 documentation required by the contract, subcontract, or
1365	1365	14 material purchase agreement; claims made against the
1366	1366	15 Department of Transportation or the subcontractor pursuant to
1367	1367	16 subsection (c) of Section 23 of the Mechanics Lien Act or the
1368	1368	17 Public Construction Bond Act; judgments, levies, garnishments,
1369	1369	18 or other court-ordered assessments or offsets in favor of the
1370	1370	19 Department of Transportation or other State agency entered
1371	1371	20 against a subcontractor or material supplier. "Reasonable
1372	1372	21 cause" does not include payments issued to the contractor that
1373	1373	22 create a negative or reduced valuation pay application or pay
1374	1374	23 estimate due to a reduction of contract quantities or work not
1375	1375	24 performed or provided by the subcontractor or material
1376	1376	25 supplier; the interception or withholding of funds for reasons
1377	1377	26 not related to the subcontractor's or material supplier's work
1378	1378
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383	HB5064 - 38 - LRB103 37557 MXP 67682 b
1384	1384
1385	1385
1386	1386	HB5064- 39 -LRB103 37557 MXP 67682 b HB5064 - 39 - LRB103 37557 MXP 67682 b
1387	1387	HB5064 - 39 - LRB103 37557 MXP 67682 b
1388	1388	1 on the contract; anticipated claims or assessments of third
1389	1389	2 parties not a party related to the contract or subcontract;
1390	1390	3 asserted claims or assessments of third parties that are not
1391	1391	4 authorized by court order, administrative tribunal, or
1392	1392	5 statute. "Reasonable cause" further does not include the
1393	1393	6 withholding, offset, or reduction of payment, in whole or in
1394	1394	7 part, due to the assessment of liquidated damages or penalties
1395	1395	8 assessed by the Department of Transportation against the
1396	1396	9 contractor, unless the subcontractor's performance or supplied
1397	1397	10 materials were the sole and proximate cause of the liquidated
1398	1398	11 damage or penalty.
1399	1399	12 (Source: P.A. 100-43, eff. 8-9-17; 100-376, eff. 1-1-18;
1400	1400	13 100-863, eff. 8-14-18; 101-524, eff. 1-1-20.)
1401	1401	14 Section 20. The Grant Accountability and Transparency Act
1402	1402	15 is amended by changing Sections 15, 25, 30, 50, 65, 97, and 125
1403	1403	16 and by adding Section 135 as follows:
1404	1404	17 (30 ILCS 708/15)
1405	1405	18 Sec. 15. Definitions. As used in this Act:
1406	1406	19 "Administrative costs" has the same meaning as given to
1407	1407	20 that term in 20 CFR 641.856.
1408	1408	21 "Allowable cost" means a cost allowable to a project if:
1409	1409	22 (1) the costs are reasonable and necessary for the
1410	1410	23 performance of the award;
1411	1411	24 (2) the costs are allocable to the specific project;
1412	1412
1413	1413
1414	1414
1415	1415
1416	1416
1417	1417	HB5064 - 39 - LRB103 37557 MXP 67682 b
1418	1418
1419	1419
1420	1420	HB5064- 40 -LRB103 37557 MXP 67682 b HB5064 - 40 - LRB103 37557 MXP 67682 b
1421	1421	HB5064 - 40 - LRB103 37557 MXP 67682 b
1422	1422	1 (3) the costs are treated consistently in like
1423	1423	2 circumstances to both federally-financed and other
1424	1424	3 activities of the non-federal entity;
1425	1425	4 (4) the costs conform to any limitations of the cost
1426	1426	5 principles or the sponsored agreement;
1427	1427	6 (5) the costs are accorded consistent treatment; a
1428	1428	7 cost may not be assigned to a State or federal award as a
1429	1429	8 direct cost if any other cost incurred for the same
1430	1430	9 purpose in like circumstances has been allocated to the
1431	1431	10 award as an indirect cost;
1432	1432	11 (6) the costs are determined to be in accordance with
1433	1433	12 generally accepted accounting principles;
1434	1434	13 (7) the costs are not included as a cost or used to
1435	1435	14 meet federal cost-sharing or matching requirements of any
1436	1436	15 other program in either the current or prior period;
1437	1437	16 (8) the costs of one State or federal grant are not
1438	1438	17 used to meet the match requirements of another State or
1439	1439	18 federal grant; and
1440	1440	19 (9) the costs are adequately documented.
1441	1441	20 "Assistance listing" means the database that helps the
1442	1442	21 federal government track all programs it has domestically
1443	1443	22 funded.
1444	1444	23 "Assistance listing number" or "ALN" means the number
1445	1445	24 assigned to a federal program in the assistance listing.
1446	1446	25 "Auditee" means any non-federal entity that expends State
1447	1447	26 or federal awards that must be audited.
1448	1448
1449	1449
1450	1450
1451	1451
1452	1452
1453	1453	HB5064 - 40 - LRB103 37557 MXP 67682 b
1454	1454
1455	1455
1456	1456	HB5064- 41 -LRB103 37557 MXP 67682 b HB5064 - 41 - LRB103 37557 MXP 67682 b
1457	1457	HB5064 - 41 - LRB103 37557 MXP 67682 b
1458	1458	1 "Auditor" means an auditor who is a public accountant or a
1459	1459	2 federal, State, or local government audit organization that
1460	1460	3 meets the general standards specified in generally-accepted
1461	1461	4 government auditing standards. "Auditor" does not include
1462	1462	5 internal auditors of not-for-profit nonprofit organizations.
1463	1463	6 "Auditor General" means the Auditor General of the State
1464	1464	7 of Illinois.
1465	1465	8 "Award" means financial assistance that provides support
1466	1466	9 or stimulation to accomplish a public purpose. "Awards"
1467	1467	10 include grants and other agreements in the form of money, or
1468	1468	11 property in lieu of money, by the State or federal government
1469	1469	12 to an eligible recipient. "Award" does not include: technical
1470	1470	13 assistance that provides services instead of money; other
1471	1471	14 assistance in the form of loans, loan guarantees, interest
1472	1472	15 subsidies, or insurance; direct payments of any kind to
1473	1473	16 individuals; or contracts that must be entered into and
1474	1474	17 administered under State or federal procurement laws and
1475	1475	18 regulations.
1476	1476	19 "Budget" means the financial plan for the project or
1477	1477	20 program that the awarding agency or pass-through entity
1478	1478	21 approves during the award process or in subsequent amendments
1479	1479	22 to the award. It may include the State or federal and
1480	1480	23 non-federal share or only the State or federal share, as
1481	1481	24 determined by the awarding agency or pass-through entity.
1482	1482	25 "Catalog of Federal Domestic Assistance" or "CFDA" means a
1483	1483	26 database that helps the federal government track all programs
1484	1484
1485	1485
1486	1486
1487	1487
1488	1488
1489	1489	HB5064 - 41 - LRB103 37557 MXP 67682 b
1490	1490
1491	1491
1492	1492	HB5064- 42 -LRB103 37557 MXP 67682 b HB5064 - 42 - LRB103 37557 MXP 67682 b
1493	1493	HB5064 - 42 - LRB103 37557 MXP 67682 b
1494	1494	1 it has domestically funded.
1495	1495	2 "Catalog of Federal Domestic Assistance number" or "CFDA
1496	1496	3 number" means the number assigned to a federal program in the
1497	1497	4 CFDA.
1498	1498	5 "Catalog of State Financial Assistance" means the single,
1499	1499	6 authoritative, statewide, comprehensive source document of
1500	1500	7 State financial assistance program information maintained by
1501	1501	8 the Governor's Office of Management and Budget.
1502	1502	9 "Catalog of State Financial Assistance Number" means the
1503	1503	10 number assigned to a State program in the Catalog of State
1504	1504	11 Financial Assistance. The first 3 digits represent the State
1505	1505	12 agency number and the last 4 digits represent the program.
1506	1506	13 "Cluster of programs" means a grouping of closely related
1507	1507	14 programs that share common compliance requirements. The types
1508	1508	15 of clusters of programs are research and development, student
1509	1509	16 financial aid, and other clusters. A "cluster of programs"
1510	1510	17 shall be considered as one program for determining major
1511	1511	18 programs and, with the exception of research and development,
1512	1512	19 whether a program-specific audit may be elected.
1513	1513	20 "Cognizant agency for audit" means the federal agency
1514	1514	21 designated to carry out the responsibilities described in 2
1515	1515	22 CFR 200.513(a).
1516	1516	23 "Contract" means a legal instrument by which a non-federal
1517	1517	24 entity purchases property or services needed to carry out the
1518	1518	25 project or program under an award. "Contract" does not include
1519	1519	26 a legal instrument, even if the non-federal entity considers
1520	1520
1521	1521
1522	1522
1523	1523
1524	1524
1525	1525	HB5064 - 42 - LRB103 37557 MXP 67682 b
1526	1526
1527	1527
1528	1528	HB5064- 43 -LRB103 37557 MXP 67682 b HB5064 - 43 - LRB103 37557 MXP 67682 b
1529	1529	HB5064 - 43 - LRB103 37557 MXP 67682 b
1530	1530	1 it a contract, when the substance of the transaction meets the
1531	1531	2 definition of an award or subaward.
1532	1532	3 "Contractor" means an entity that receives a contract.
1533	1533	4 "Cooperative agreement" means a legal instrument of
1534	1534	5 financial assistance between an awarding agency or
1535	1535	6 pass-through entity and a non-federal entity that:
1536	1536	7 (1) is used to enter into a relationship with the
1537	1537	8 principal purpose of transferring anything of value from
1538	1538	9 the awarding agency or pass-through entity to the
1539	1539	10 non-federal entity to carry out a public purpose
1540	1540	11 authorized by law, but is not used to acquire property or
1541	1541	12 services for the awarding agency's or pass-through
1542	1542	13 entity's direct benefit or use; and
1543	1543	14 (2) is distinguished from a grant in that it provides
1544	1544	15 for substantial involvement between the awarding agency or
1545	1545	16 pass-through entity and the non-federal entity in carrying
1546	1546	17 out the activity contemplated by the award.
1547	1547	18 "Cooperative agreement" does not include a cooperative
1548	1548	19 research and development agreement, nor an agreement that
1549	1549	20 provides only direct cash assistance to an individual, a
1550	1550	21 subsidy, a loan, a loan guarantee, or insurance.
1551	1551	22 "Corrective action" means action taken by the auditee that
1552	1552	23 (i) corrects identified deficiencies, (ii) produces
1553	1553	24 recommended improvements, or (iii) demonstrates that audit
1554	1554	25 findings are either invalid or do not warrant auditee action.
1555	1555	26 "Cost objective" means a program, function, activity,
1556	1556
1557	1557
1558	1558
1559	1559
1560	1560
1561	1561	HB5064 - 43 - LRB103 37557 MXP 67682 b
1562	1562
1563	1563
1564	1564	HB5064- 44 -LRB103 37557 MXP 67682 b HB5064 - 44 - LRB103 37557 MXP 67682 b
1565	1565	HB5064 - 44 - LRB103 37557 MXP 67682 b
1566	1566	1 award, organizational subdivision, contract, or work unit for
1567	1567	2 which cost data is desired and for which provision is made to
1568	1568	3 accumulate and measure the cost of processes, products, jobs,
1569	1569	4 and capital projects. A "cost objective" may be a major
1570	1570	5 function of the non-federal entity, a particular service or
1571	1571	6 project, an award, or an indirect cost activity.
1572	1572	7 "Cost sharing" means the portion of project costs not paid
1573	1573	8 by State or federal funds, unless otherwise authorized by
1574	1574	9 statute.
1575	1575	10 "Development" is the systematic use of knowledge and
1576	1576	11 understanding gained from research directed toward the
1577	1577	12 production of useful materials, devices, systems, or methods,
1578	1578	13 including design and development of prototypes and processes.
1579	1579	14 "Data Universal Numbering System number" means the 9-digit
1580	1580	15 number established and assigned by Dun and Bradstreet, Inc. to
1581	1581	16 uniquely identify entities and, under federal law, is required
1582	1582	17 for non-federal entities to apply for, receive, and report on
1583	1583	18 a federal award.
1584	1584	19 "Direct costs" means costs that can be identified
1585	1585	20 specifically with a particular final cost objective, such as a
1586	1586	21 State or federal or federal pass-through award or a particular
1587	1587	22 sponsored project, an instructional activity, or any other
1588	1588	23 institutional activity, or that can be directly assigned to
1589	1589	24 such activities relatively easily with a high degree of
1590	1590	25 accuracy.
1591	1591	26 "Equipment" means tangible personal property (including
1592	1592
1593	1593
1594	1594
1595	1595
1596	1596
1597	1597	HB5064 - 44 - LRB103 37557 MXP 67682 b
1598	1598
1599	1599
1600	1600	HB5064- 45 -LRB103 37557 MXP 67682 b HB5064 - 45 - LRB103 37557 MXP 67682 b
1601	1601	HB5064 - 45 - LRB103 37557 MXP 67682 b
1602	1602	1 information technology systems) having a useful life of more
1603	1603	2 than one year and a per-unit acquisition cost that equals or
1604	1604	3 exceeds the lesser of the capitalization level established by
1605	1605	4 the non-federal entity for financial statement purposes, or
1606	1606	5 $5,000.
1607	1607	6 "Executive branch" means that branch of State government
1608	1608	7 that is under the jurisdiction of the Governor.
1609	1609	8 "Federal agency" has the meaning provided for "agency"
1610	1610	9 under 5 U.S.C. 551(1) together with the meaning provided for
1611	1611	10 "agency" by 5 U.S.C. 552(f).
1612	1612	11 "Federal award" means:
1613	1613	12 (1) the federal financial assistance that a
1614	1614	13 non-federal entity receives directly from a federal
1615	1615	14 awarding agency or indirectly from a pass-through entity;
1616	1616	15 (2) the cost-reimbursement contract under the Federal
1617	1617	16 Acquisition Regulations that a non-federal entity receives
1618	1618	17 directly from a federal awarding agency or indirectly from
1619	1619	18 a pass-through entity; or
1620	1620	19 (3) the instrument setting forth the terms and
1621	1621	20 conditions when the instrument is the grant agreement,
1622	1622	21 cooperative agreement, other agreement for assistance
1623	1623	22 covered in paragraph (b) of 20 CFR 200.40, or the
1624	1624	23 cost-reimbursement contract awarded under the Federal
1625	1625	24 Acquisition Regulations.
1626	1626	25 "Federal award" does not include other contracts that a
1627	1627	26 federal agency uses to buy goods or services from a contractor
1628	1628
1629	1629
1630	1630
1631	1631
1632	1632
1633	1633	HB5064 - 45 - LRB103 37557 MXP 67682 b
1634	1634
1635	1635
1636	1636	HB5064- 46 -LRB103 37557 MXP 67682 b HB5064 - 46 - LRB103 37557 MXP 67682 b
1637	1637	HB5064 - 46 - LRB103 37557 MXP 67682 b
1638	1638	1 or a contract to operate federal government owned,
1639	1639	2 contractor-operated facilities.
1640	1640	3 "Federal awarding agency" means the federal agency that
1641	1641	4 provides a federal award directly to a non-federal entity.
1642	1642	5 "Federal interest" means, for purposes of 2 CFR 200.329 or
1643	1643	6 when used in connection with the acquisition or improvement of
1644	1644	7 real property, equipment, or supplies under a federal award,
1645	1645	8 the dollar amount that is the product of the federal share of
1646	1646	9 total project costs and current fair market value of the
1647	1647	10 property, improvements, or both, to the extent the costs of
1648	1648	11 acquiring or improving the property were included as project
1649	1649	12 costs.
1650	1650	13 "Federal program" means any of the following:
1651	1651	14 (1) All federal awards which are assigned a single
1652	1652	15 number in the assistance listing CFDA.
1653	1653	16 (2) When no ALN CFDA number is assigned, all federal
1654	1654	17 awards to non-federal entities from the same agency made
1655	1655	18 for the same purpose should be combined and considered one
1656	1656	19 program.
1657	1657	20 (3) Notwithstanding paragraphs (1) and (2) of this
1658	1658	21 definition, a cluster of programs. The types of clusters
1659	1659	22 of programs are:
1660	1660	23 (A) research and development;
1661	1661	24 (B) student financial aid; and
1662	1662	25 (C) "other clusters", as described in the
1663	1663	26 definition of "cluster of programs".
1664	1664
1665	1665
1666	1666
1667	1667
1668	1668
1669	1669	HB5064 - 46 - LRB103 37557 MXP 67682 b
1670	1670
1671	1671
1672	1672	HB5064- 47 -LRB103 37557 MXP 67682 b HB5064 - 47 - LRB103 37557 MXP 67682 b
1673	1673	HB5064 - 47 - LRB103 37557 MXP 67682 b
1674	1674	1 "Federal share" means the portion of the total project
1675	1675	2 costs that are paid by federal funds.
1676	1676	3 "Final cost objective" means a cost objective which has
1677	1677	4 allocated to it both direct and indirect costs and, in the
1678	1678	5 non-federal entity's accumulation system, is one of the final
1679	1679	6 accumulation points, such as a particular award, internal
1680	1680	7 project, or other direct activity of a non-federal entity.
1681	1681	8 "Financial assistance" means the following:
1682	1682	9 (1) For grants and cooperative agreements, "financial
1683	1683	10 assistance" means assistance that non-federal entities
1684	1684	11 receive or administer in the form of:
1685	1685	12 (A) grants;
1686	1686	13 (B) cooperative agreements;
1687	1687	14 (C) non-cash contributions or donations of
1688	1688	15 property, including donated surplus property;
1689	1689	16 (D) direct appropriations;
1690	1690	17 (E) food commodities; and
1691	1691	18 (F) other financial assistance, except assistance
1692	1692	19 listed in paragraph (2) of this definition.
1693	1693	20 (2) "Financial assistance" includes assistance that
1694	1694	21 non-federal entities receive or administer in the form of
1695	1695	22 loans, loan guarantees, interest subsidies, and insurance.
1696	1696	23 (3) "Financial assistance" does not include amounts
1697	1697	24 received as reimbursement for services rendered to
1698	1698	25 individuals.
1699	1699	26 "Fixed amount awards" means a type of grant agreement
1700	1700
1701	1701
1702	1702
1703	1703
1704	1704
1705	1705	HB5064 - 47 - LRB103 37557 MXP 67682 b
1706	1706
1707	1707
1708	1708	HB5064- 48 -LRB103 37557 MXP 67682 b HB5064 - 48 - LRB103 37557 MXP 67682 b
1709	1709	HB5064 - 48 - LRB103 37557 MXP 67682 b
1710	1710	1 under which the awarding agency or pass-through entity
1711	1711	2 provides a specific level of support without regard to actual
1712	1712	3 costs incurred under the award. "Fixed amount awards" reduce
1713	1713	4 some of the administrative burden and record-keeping
1714	1714	5 requirements for both the non-federal entity and awarding
1715	1715	6 agency or pass-through entity. Accountability is based
1716	1716	7 primarily on performance and results.
1717	1717	8 "Foreign public entity" means:
1718	1718	9 (1) a foreign government or foreign governmental
1719	1719	10 entity;
1720	1720	11 (2) a public international organization that is
1721	1721	12 entitled to enjoy privileges, exemptions, and immunities
1722	1722	13 as an international organization under the International
1723	1723	14 Organizations Immunities Act (22 U.S.C. 288-288f);
1724	1724	15 (3) an entity owned, in whole or in part, or
1725	1725	16 controlled by a foreign government; or
1726	1726	17 (4) any other entity consisting wholly or partially of
1727	1727	18 one or more foreign governments or foreign governmental
1728	1728	19 entities.
1729	1729	20 "Foreign organization" means an entity that is:
1730	1730	21 (1) a public or private organization located in a
1731	1731	22 country other than the United States and its territories
1732	1732	23 that are subject to the laws of the country in which it is
1733	1733	24 located, irrespective of the citizenship of project staff
1734	1734	25 or place of performance;
1735	1735	26 (2) a private nongovernmental organization located in
1736	1736
1737	1737
1738	1738
1739	1739
1740	1740
1741	1741	HB5064 - 48 - LRB103 37557 MXP 67682 b
1742	1742
1743	1743
1744	1744	HB5064- 49 -LRB103 37557 MXP 67682 b HB5064 - 49 - LRB103 37557 MXP 67682 b
1745	1745	HB5064 - 49 - LRB103 37557 MXP 67682 b
1746	1746	1 a country other than the United States that solicits and
1747	1747	2 receives cash contributions from the general public;
1748	1748	3 (3) a charitable organization located in a country
1749	1749	4 other than the United States that is not-for-profit
1750	1750	5 nonprofit and tax exempt under the laws of its country of
1751	1751	6 domicile and operation, but is not a university, college,
1752	1752	7 accredited degree-granting institution of education,
1753	1753	8 private foundation, hospital, organization engaged
1754	1754	9 exclusively in research or scientific activities, church,
1755	1755	10 synagogue, mosque, or other similar entity organized
1756	1756	11 primarily for religious purposes; or
1757	1757	12 (4) an organization located in a country other than
1758	1758	13 the United States not recognized as a Foreign Public
1759	1759	14 Entity.
1760	1760	15 "Fringe benefits" has the meaning given to that term in
1761	1761	16 CFR 200.431.
1762	1762	17 "Generally Accepted Accounting Principles" has the meaning
1763	1763	18 provided in accounting standards issued by the Government
1764	1764	19 Accounting Standards Board and the Financial Accounting
1765	1765	20 Standards Board.
1766	1766	21 "Generally Accepted Government Auditing Standards" means
1767	1767	22 generally accepted government auditing standards issued by the
1768	1768	23 Comptroller General of the United States that are applicable
1769	1769	24 to financial audits.
1770	1770	25 "Grant agreement" means a legal instrument of financial
1771	1771	26 assistance between an awarding agency or pass-through entity
1772	1772
1773	1773
1774	1774
1775	1775
1776	1776
1777	1777	HB5064 - 49 - LRB103 37557 MXP 67682 b
1778	1778
1779	1779
1780	1780	HB5064- 50 -LRB103 37557 MXP 67682 b HB5064 - 50 - LRB103 37557 MXP 67682 b
1781	1781	HB5064 - 50 - LRB103 37557 MXP 67682 b
1782	1782	1 and a non-federal entity that:
1783	1783	2 (1) is used to enter into a relationship, the
1784	1784	3 principal purpose of which is to transfer anything of
1785	1785	4 value from the awarding agency or pass-through entity to
1786	1786	5 the non-federal entity to carry out a public purpose
1787	1787	6 authorized by law and not to acquire property or services
1788	1788	7 for the awarding agency or pass-through entity's direct
1789	1789	8 benefit or use; and
1790	1790	9 (2) is distinguished from a cooperative agreement in
1791	1791	10 that it does not provide for substantial involvement
1792	1792	11 between the awarding agency or pass-through entity and the
1793	1793	12 non-federal entity in carrying out the activity
1794	1794	13 contemplated by the award.
1795	1795	14 "Grant agreement" does not include an agreement that
1796	1796	15 provides only direct cash assistance to an individual, a
1797	1797	16 subsidy, a loan, a loan guarantee, or insurance.
1798	1798	17 "Grant application" means a specified form that is
1799	1799	18 completed by a non-federal entity in connection with a request
1800	1800	19 for a specific funding opportunity or a request for financial
1801	1801	20 support of a project or activity.
1802	1802	21 "Hospital" means a facility licensed as a hospital under
1803	1803	22 the law of any state or a facility operated as a hospital by
1804	1804	23 the United States, a state, or a subdivision of a state.
1805	1805	24 "Illinois Debarred and Suspended List" means the list
1806	1806	25 maintained by the Governor's Office of Management and Budget
1807	1807	26 that contains the names of those individuals and entities that
1808	1808
1809	1809
1810	1810
1811	1811
1812	1812
1813	1813	HB5064 - 50 - LRB103 37557 MXP 67682 b
1814	1814
1815	1815
1816	1816	HB5064- 51 -LRB103 37557 MXP 67682 b HB5064 - 51 - LRB103 37557 MXP 67682 b
1817	1817	HB5064 - 51 - LRB103 37557 MXP 67682 b
1818	1818	1 are ineligible, either temporarily or permanently, from
1819	1819	2 receiving an award of grant funds from the State.
1820	1820	3 "Indirect cost" means those costs incurred for a common or
1821	1821	4 joint purpose benefitting more than one cost objective and not
1822	1822	5 readily assignable to the cost objectives specifically
1823	1823	6 benefitted without effort disproportionate to the results
1824	1824	7 achieved.
1825	1825	8 "Inspector General" means the Office of the Executive
1826	1826	9 Inspector General for Executive branch agencies.
1827	1827	10 "Loan" means a State or federal loan or loan guarantee
1828	1828	11 received or administered by a non-federal entity. "Loan" does
1829	1829	12 not include a "program income" as defined in 2 CFR 200.80.
1830	1830	13 "Loan guarantee" means any State or federal government
1831	1831	14 guarantee, insurance, or other pledge with respect to the
1832	1832	15 payment of all or a part of the principal or interest on any
1833	1833	16 debt obligation of a non-federal borrower to a non-federal
1834	1834	17 lender, but does not include the insurance of deposits,
1835	1835	18 shares, or other withdrawable accounts in financial
1836	1836	19 institutions.
1837	1837	20 "Local government" has the meaning provided for the term
1838	1838	21 "units of local government" under Section 1 of Article VII of
1839	1839	22 the Illinois Constitution and includes school districts.
1840	1840	23 "Major program" means a federal program determined by the
1841	1841	24 auditor to be a major program in accordance with 2 CFR 200.518
1842	1842	25 or a program identified as a major program by a federal
1843	1843	26 awarding agency or pass-through entity in accordance with 2
1844	1844
1845	1845
1846	1846
1847	1847
1848	1848
1849	1849	HB5064 - 51 - LRB103 37557 MXP 67682 b
1850	1850
1851	1851
1852	1852	HB5064- 52 -LRB103 37557 MXP 67682 b HB5064 - 52 - LRB103 37557 MXP 67682 b
1853	1853	HB5064 - 52 - LRB103 37557 MXP 67682 b
1854	1854	1 CFR 200.503(e).
1855	1855	2 "Non-federal entity" means a state, local government,
1856	1856	3 Indian tribe, institution of higher education, or
1857	1857	4 organization, whether nonprofit or for-profit, that carries
1858	1858	5 out a State or federal award as a recipient or subrecipient.
1859	1859	6 "Nonprofit organization" means any corporation, trust,
1860	1860	7 association, cooperative, or other organization, not including
1861	1861	8 institutions of higher education, that:
1862	1862	9 (1) is operated primarily for scientific, educational,
1863	1863	10 service, charitable, or similar purposes in the public
1864	1864	11 interest;
1865	1865	12 (2) is not organized primarily for profit; and
1866	1866	13 (3) uses net proceeds to maintain, improve, or expand
1867	1867	14 the operations of the organization.
1868	1868	15 "Not-for-profit corporation" has the meaning given to that
1869	1869	16 term in Section 101.80 of the General Not For Profit
1870	1870	17 Corporation Act of 1986.
1871	1871	18 "Obligations", when used in connection with a non-federal
1872	1872	19 entity's utilization of funds under an award, means orders
1873	1873	20 placed for property and services, contracts and subawards
1874	1874	21 made, and similar transactions during a given period that
1875	1875	22 require payment by the non-federal entity during the same or a
1876	1876	23 future period.
1877	1877	24 "Office of Management and Budget" means the Office of
1878	1878	25 Management and Budget of the Executive Office of the
1879	1879	26 President.
1880	1880
1881	1881
1882	1882
1883	1883
1884	1884
1885	1885	HB5064 - 52 - LRB103 37557 MXP 67682 b
1886	1886
1887	1887
1888	1888	HB5064- 53 -LRB103 37557 MXP 67682 b HB5064 - 53 - LRB103 37557 MXP 67682 b
1889	1889	HB5064 - 53 - LRB103 37557 MXP 67682 b
1890	1890	1 "Other clusters" has the meaning provided by the federal
1891	1891	2 Office of Management and Budget in the compliance supplement
1892	1892	3 or has the meaning as it is designated by a state for federal
1893	1893	4 awards the state provides to its subrecipients that meet the
1894	1894	5 definition of a cluster of programs. When designating an
1895	1895	6 "other cluster", a state must identify the federal awards
1896	1896	7 included in the cluster and advise the subrecipients of
1897	1897	8 compliance requirements applicable to the cluster.
1898	1898	9 "Oversight agency for audit" means the federal awarding
1899	1899	10 agency that provides the predominant amount of funding
1900	1900	11 directly to a non-federal entity not assigned a cognizant
1901	1901	12 agency for audit. When there is no direct funding, the
1902	1902	13 awarding agency that is the predominant source of pass-through
1903	1903	14 funding must assume the oversight responsibilities. The duties
1904	1904	15 of the oversight agency for audit and the process for any
1905	1905	16 reassignments are described in 2 CFR 200.513(b).
1906	1906	17 "Pass-through entity" means a non-federal entity that
1907	1907	18 provides a subaward to a subrecipient to carry out part of a
1908	1908	19 program.
1909	1909	20 "Private award" means an award from a person or entity
1910	1910	21 other than a State or federal entity. Private awards are not
1911	1911	22 subject to the provisions of this Act.
1912	1912	23 "Property" means real property or personal property.
1913	1913	24 "Project cost" means total allowable costs incurred under
1914	1914	25 an award and all required cost sharing and voluntary committed
1915	1915	26 cost sharing, including third-party contributions.
1916	1916
1917	1917
1918	1918
1919	1919
1920	1920
1921	1921	HB5064 - 53 - LRB103 37557 MXP 67682 b
1922	1922
1923	1923
1924	1924	HB5064- 54 -LRB103 37557 MXP 67682 b HB5064 - 54 - LRB103 37557 MXP 67682 b
1925	1925	HB5064 - 54 - LRB103 37557 MXP 67682 b
1926	1926	1 "Public institutions of higher education" has the meaning
1927	1927	2 provided in Section 1 of the Board of Higher Education Act.
1928	1928	3 "Unique entity ID" means the number established and
1929	1929	4 assigned by the federal government utilizing the SAM.gov
1930	1930	5 website to uniquely identify entities that apply to receive
1931	1931	6 and report on a federal award.
1932	1932	7 "Recipient" means a non-federal entity that receives an
1933	1933	8 award directly from an awarding agency to carry out an
1934	1934	9 activity under a program. "Recipient" does not include
1935	1935	10 subrecipients.
1936	1936	11 "Research and Development" means all research activities,
1937	1937	12 both basic and applied, and all development activities that
1938	1938	13 are performed by non-federal entities.
1939	1939	14 "Single Audit Act" means the federal Single Audit Act
1940	1940	15 Amendments of 1996 (31 U.S.C. 7501-7507).
1941	1941	16 "State agency" means an Executive branch agency. For
1942	1942	17 purposes of this Act, "State agency" does not include public
1943	1943	18 institutions of higher education.
1944	1944	19 "State award" means the financial assistance that a
1945	1945	20 non-federal entity receives from the State and that is funded
1946	1946	21 with either State funds or federal funds; in the latter case,
1947	1947	22 the State is acting as a pass-through entity.
1948	1948	23 "State awarding agency" means a State agency that provides
1949	1949	24 an award to a non-federal entity.
1950	1950	25 "State grant-making agency" has the same meaning as "State
1951	1951	26 awarding agency".
1952	1952
1953	1953
1954	1954
1955	1955
1956	1956
1957	1957	HB5064 - 54 - LRB103 37557 MXP 67682 b
1958	1958
1959	1959
1960	1960	HB5064- 55 -LRB103 37557 MXP 67682 b HB5064 - 55 - LRB103 37557 MXP 67682 b
1961	1961	HB5064 - 55 - LRB103 37557 MXP 67682 b
1962	1962	1 "State interest" means the acquisition or improvement of
1963	1963	2 real property, equipment, or supplies under a State award, the
1964	1964	3 dollar amount that is the product of the State share of the
1965	1965	4 total project costs and current fair market value of the
1966	1966	5 property, improvements, or both, to the extent the costs of
1967	1967	6 acquiring or improving the property were included as project
1968	1968	7 costs.
1969	1969	8 "State program" means any of the following:
1970	1970	9 (1) All State awards which are assigned a single
1971	1971	10 number in the Catalog of State Financial Assistance.
1972	1972	11 (2) When no Catalog of State Financial Assistance
1973	1973	12 number is assigned, all State awards to non-federal
1974	1974	13 entities from the same agency made for the same purpose
1975	1975	14 are considered one program.
1976	1976	15 (3) A cluster of programs as defined in this Section.
1977	1977	16 "State share" means the portion of the total project costs
1978	1978	17 that are paid by State funds.
1979	1979	18 "Stop payment order" means a communication from a State
1980	1980	19 grant-making agency to the Office of the Comptroller,
1981	1981	20 following procedures set out by the Office of the Comptroller,
1982	1982	21 causing the cessation of payments to a recipient or
1983	1983	22 subrecipient as a result of the recipient's or subrecipient's
1984	1984	23 failure to comply with one or more terms of the grant or
1985	1985	24 subaward.
1986	1986	25 "Stop payment procedure" means the procedure created by
1987	1987	26 the Office of the Comptroller which effects a stop payment
1988	1988
1989	1989
1990	1990
1991	1991
1992	1992
1993	1993	HB5064 - 55 - LRB103 37557 MXP 67682 b
1994	1994
1995	1995
1996	1996	HB5064- 56 -LRB103 37557 MXP 67682 b HB5064 - 56 - LRB103 37557 MXP 67682 b
1997	1997	HB5064 - 56 - LRB103 37557 MXP 67682 b
1998	1998	1 order and the lifting of a stop payment order upon the request
1999	1999	2 of the State grant-making agency.
2000	2000	3 "Student Financial Aid" means federal awards under those
2001	2001	4 programs of general student assistance, such as those
2002	2002	5 authorized by Title IV of the Higher Education Act of 1965, as
2003	2003	6 amended (20 U.S.C. 1070-1099d), that are administered by the
2004	2004	7 United States Department of Education and similar programs
2005	2005	8 provided by other federal agencies. "Student Financial Aid"
2006	2006	9 does not include federal awards under programs that provide
2007	2007	10 fellowships or similar federal awards to students on a
2008	2008	11 competitive basis or for specified studies or research.
2009	2009	12 "Subaward" means a State or federal award provided by a
2010	2010	13 pass-through entity to a subrecipient for the subrecipient to
2011	2011	14 carry out part of a federal award received by the pass-through
2012	2012	15 entity. "Subaward" does not include payments to a contractor
2013	2013	16 or payments to an individual that is a beneficiary of a federal
2014	2014	17 program. A "subaward" may be provided through any form of
2015	2015	18 legal agreement, including an agreement that the pass-through
2016	2016	19 entity considers a contract.
2017	2017	20 "Subrecipient" means a non-federal entity that receives a
2018	2018	21 State or federal subaward from a pass-through entity to carry
2019	2019	22 out part of a federal program. "Subrecipient" does not include
2020	2020	23 an individual that is a beneficiary of such program. A
2021	2021	24 "subrecipient" may also be a recipient of other State or
2022	2022	25 federal awards directly from a State or federal awarding
2023	2023	26 agency.
2024	2024
2025	2025
2026	2026
2027	2027
2028	2028
2029	2029	HB5064 - 56 - LRB103 37557 MXP 67682 b
2030	2030
2031	2031
2032	2032	HB5064- 57 -LRB103 37557 MXP 67682 b HB5064 - 57 - LRB103 37557 MXP 67682 b
2033	2033	HB5064 - 57 - LRB103 37557 MXP 67682 b
2034	2034	1 "Suspension" means a post-award action by the State or
2035	2035	2 federal agency or pass-through entity that temporarily
2036	2036	3 withdraws the State or federal agency's or pass-through
2037	2037	4 entity's financial assistance sponsorship under an award,
2038	2038	5 pending corrective action by the recipient or subrecipient or
2039	2039	6 pending a decision to terminate the award.
2040	2040	7 "Uniform Administrative Requirements, Costs Principles,
2041	2041	8 and Audit Requirements for Federal Awards" means those rules
2042	2042	9 applicable to grants contained in 2 CFR 200.
2043	2043	10 "Voluntary committed cost sharing" means cost sharing
2044	2044	11 specifically pledged on a voluntary basis in the proposal's
2045	2045	12 budget or the award on the part of the non-federal entity and
2046	2046	13 that becomes a binding requirement of the award.
2047	2047	14 (Source: P.A. 100-997, eff. 8-20-18.)
2048	2048	15 (30 ILCS 708/25)
2049	2049	16 Sec. 25. Supplemental rules. On or before July 1, 2017,
2050	2050	17 the Governor's Office of Management and Budget, with the
2051	2051	18 advice and technical assistance of the Illinois Single Audit
2052	2052	19 Commission, shall adopt supplemental rules pertaining to the
2053	2053	20 following:
2054	2054	21 (1) Criteria to define mandatory formula-based grants
2055	2055	22 and discretionary grants.
2056	2056	23 (2) The award of one-year grants for new applicants.
2057	2057	24 (3) The award of competitive grants in 3-year terms
2058	2058	25 (one-year initial terms with the option to renew for up to
2059	2059
2060	2060
2061	2061
2062	2062
2063	2063
2064	2064	HB5064 - 57 - LRB103 37557 MXP 67682 b
2065	2065
2066	2066
2067	2067	HB5064- 58 -LRB103 37557 MXP 67682 b HB5064 - 58 - LRB103 37557 MXP 67682 b
2068	2068	HB5064 - 58 - LRB103 37557 MXP 67682 b
2069	2069	1 2 additional years) to coincide with the federal award.
2070	2070	2 (4) The issuance of grants, including:
2071	2071	3 (A) public notice of announcements of funding
2072	2072	4 opportunities;
2073	2073	5 (B) the development of uniform grant applications;
2074	2074	6 (C) State agency review of merit of proposals and
2075	2075	7 risk posed by applicants;
2076	2076	8 (D) specific conditions for individual recipients
2077	2077	9 (including the use of a fiscal agent and additional
2078	2078	10 corrective conditions);
2079	2079	11 (E) certifications and representations;
2080	2080	12 (F) pre-award costs;
2081	2081	13 (G) performance measures and statewide prioritized
2082	2082	14 goals under Section 50-25 of the State Budget Law of
2083	2083	15 the Civil Administrative Code of Illinois, commonly
2084	2084	16 referred to as "Budgeting for Results"; and
2085	2085	17 (H) for mandatory formula grants, the merit of the
2086	2086	18 proposal and the risk posed should result in
2087	2087	19 additional reporting, monitoring, or measures such as
2088	2088	20 reimbursement-basis only.
2089	2089	21 (5) The development of uniform budget requirements,
2090	2090	22 which shall include:
2091	2091	23 (A) mandatory submission of budgets as part of the
2092	2092	24 grant application process;
2093	2093	25 (B) mandatory requirements regarding contents of
2094	2094	26 the budget including, at a minimum, common detail line
2095	2095
2096	2096
2097	2097
2098	2098
2099	2099
2100	2100	HB5064 - 58 - LRB103 37557 MXP 67682 b
2101	2101
2102	2102
2103	2103	HB5064- 59 -LRB103 37557 MXP 67682 b HB5064 - 59 - LRB103 37557 MXP 67682 b
2104	2104	HB5064 - 59 - LRB103 37557 MXP 67682 b
2105	2105	1 items specified under guidelines issued by the
2106	2106	2 Governor's Office of Management and Budget;
2107	2107	3 (C) a requirement that the budget allow
2108	2108	4 flexibility to add lines describing costs that are
2109	2109	5 common for the services provided as outlined in the
2110	2110	6 grant application;
2111	2111	7 (D) a requirement that the budget include
2112	2112	8 information necessary for analyzing cost and
2113	2113	9 performance for use in Budgeting for Results; and
2114	2114	10 (E) caps on the amount of salaries that may be
2115	2115	11 charged to grants, which shall not be less than based
2116	2116	12 on the limitations imposed by federal agencies.
2117	2117	13 (6) The development of pre-qualification requirements
2118	2118	14 for applicants, including the fiscal condition of the
2119	2119	15 organization and the provision of the following
2120	2120	16 information:
2121	2121	17 (A) organization name;
2122	2122	18 (B) Federal Employee Identification Number;
2123	2123	19 (C) unique entity ID Data Universal Numbering
2124	2124	20 System (DUNS) number;
2125	2125	21 (D) fiscal condition;
2126	2126	22 (E) whether the applicant is in good standing with
2127	2127	23 the Secretary of State;
2128	2128	24 (F) (blank); past performance in administering
2129	2129	25 grants;
2130	2130	26 (G) whether the applicant is on the Debarred and
2131	2131
2132	2132
2133	2133
2134	2134
2135	2135
2136	2136	HB5064 - 59 - LRB103 37557 MXP 67682 b
2137	2137
2138	2138
2139	2139	HB5064- 60 -LRB103 37557 MXP 67682 b HB5064 - 60 - LRB103 37557 MXP 67682 b
2140	2140	HB5064 - 60 - LRB103 37557 MXP 67682 b
2141	2141	1 Suspended List maintained by the Governor's Office of
2142	2142	2 Management and Budget;
2143	2143	3 (H) whether the applicant is on the federal
2144	2144	4 Excluded Parties List; and
2145	2145	5 (I) whether the applicant is on the Sanctioned
2146	2146	6 Party List maintained by the Illinois Department of
2147	2147	7 Healthcare and Family Services.
2148	2148	8 Pre-qualification requirements may include consideration
2149	2149	9 of past performance in administering grants if past
2150	2150	10 performance failed to meet performance goals, indicators, and
2151	2151	11 milestones.
2152	2152	12 Nothing in this Act affects the provisions of the Fiscal
2153	2153	13 Control and Internal Auditing Act nor the requirement that the
2154	2154	14 management of each State agency is responsible for maintaining
2155	2155	15 effective internal controls under that Act.
2156	2156	16 For public institutions of higher education, the
2157	2157	17 provisions of this Section apply only to awards funded by
2158	2158	18 federal pass-through awards from a State agency to public
2159	2159	19 institutions of higher education.
2160	2160	20 (Source: P.A. 101-81, eff. 7-12-19; 102-626, eff. 8-27-21.)
2161	2161	21 (30 ILCS 708/30)
2162	2162	22 Sec. 30. Catalog of State Financial Assistance. The
2163	2163	23 Catalog of State Financial Assistance is a single,
2164	2164	24 authoritative, statewide, comprehensive source document of
2165	2165	25 State financial assistance program information. The Catalog
2166	2166
2167	2167
2168	2168
2169	2169
2170	2170
2171	2171	HB5064 - 60 - LRB103 37557 MXP 67682 b
2172	2172
2173	2173
2174	2174	HB5064- 61 -LRB103 37557 MXP 67682 b HB5064 - 61 - LRB103 37557 MXP 67682 b
2175	2175	HB5064 - 61 - LRB103 37557 MXP 67682 b
2176	2176	1 shall contain, at a minimum, the following information:
2177	2177	2 (1) An introductory section that contains Catalog
2178	2178	3 highlights, an explanation of how to use the Catalog, an
2179	2179	4 explanation of the Catalog and its contents, and suggested
2180	2180	5 grant proposal writing methods and grant application
2181	2181	6 procedures.
2182	2182	7 (2) A comprehensive indexing system that categorizes
2183	2183	8 programs by issuing agency, eligible applicant,
2184	2184	9 application deadlines, function, popular name, and subject
2185	2185	10 area.
2186	2186	11 (3) Comprehensive appendices showing State assistance
2187	2187	12 programs that require coordination through this Act and
2188	2188	13 regulatory, legislative, and Executive Order authority for
2189	2189	14 each program, commonly used abbreviations and acronyms,
2190	2190	15 agency regional and local office addresses, and sources of
2191	2191	16 additional information.
2192	2192	17 (4) A list of programs that have been added to or
2193	2193	18 deleted from the Catalog and the various program numbers
2194	2194	19 and title changes.
2195	2195	20 (5) Program number, title, and popular name, if
2196	2196	21 applicable.
2197	2197	22 (6) The name of the State department or agency or
2198	2198	23 independent agency and primary organization sub-unit
2199	2199	24 administering the program.
2200	2200	25 (7) The enabling legislation, including popular name
2201	2201	26 of the Act, titles and Sections, Public Act number, and
2202	2202
2203	2203
2204	2204
2205	2205
2206	2206
2207	2207	HB5064 - 61 - LRB103 37557 MXP 67682 b
2208	2208
2209	2209
2210	2210	HB5064- 62 -LRB103 37557 MXP 67682 b HB5064 - 62 - LRB103 37557 MXP 67682 b
2211	2211	HB5064 - 62 - LRB103 37557 MXP 67682 b
2212	2212	1 citation to the Illinois Compiled Statutes.
2213	2213	2 (8) The type or types of financial and nonfinancial
2214	2214	3 assistance offered by the program.
2215	2215	4 (9) Uses and restrictions placed upon the program.
2216	2216	5 (10) Eligibility requirements, including applicant
2217	2217	6 eligibility criteria, beneficiary eligibility criteria,
2218	2218	7 and required credentials and documentation.
2219	2219	8 (11) Objectives and goals of the program.
2220	2220	9 (12) Information regarding application and award
2221	2221	10 processing; application deadlines; range of approval or
2222	2222	11 disapproval time; appeal procedure; and availability of a
2223	2223	12 renewal or extension of assistance.
2224	2224	13 (13) Assistance considerations, including an
2225	2225	14 explanation of the award formula, matching requirements,
2226	2226	15 and the length and time phasing of the assistance.
2227	2227	16 (14) Post-assistance requirements, including any
2228	2228	17 reports, audits, and records that may be required.
2229	2229	18 (15) Program accomplishments (where available)
2230	2230	19 describing quantitative measures of program performance.
2231	2231	20 (16) Regulations, guidelines, and literature
2232	2232	21 containing citations to the Illinois Administrative Code,
2233	2233	22 the Code of Federal Regulations, and other pertinent
2234	2234	23 informational materials.
2235	2235	24 (17) The names, telephone numbers, and e-mail
2236	2236	25 addresses of persons to be contacted for detailed program
2237	2237	26 information at the headquarters, regional, and local
2238	2238
2239	2239
2240	2240
2241	2241
2242	2242
2243	2243	HB5064 - 62 - LRB103 37557 MXP 67682 b
2244	2244
2245	2245
2246	2246	HB5064- 63 -LRB103 37557 MXP 67682 b HB5064 - 63 - LRB103 37557 MXP 67682 b
2247	2247	HB5064 - 63 - LRB103 37557 MXP 67682 b
2248	2248	1 levels.
2249	2249	2 (18) Criteria for Prompt Payment Act eligibility and
2250	2250	3 advanced payment eligibility.
2251	2251	4 (Source: P.A. 98-706, eff. 7-16-14.)
2252	2252	5 (30 ILCS 708/50)
2253	2253	6 Sec. 50. State grant-making agency responsibilities.
2254	2254	7 (a) The specific requirements and responsibilities of
2255	2255	8 State grant-making agencies and non-federal entities are set
2256	2256	9 forth in this Act. State agencies making State awards to
2257	2257	10 non-federal entities must adopt by rule the language in 2 CFR
2258	2258	11 200, Subpart C through Subpart F unless different provisions
2259	2259	12 are required by law.
2260	2260	13 (b) Each State grant-making agency shall appoint a Chief
2261	2261	14 Accountability Officer who shall serve as a liaison to the
2262	2262	15 Grant Accountability and Transparency Unit and who shall be
2263	2263	16 responsible for the State agency's implementation of and
2264	2264	17 compliance with the rules.
2265	2265	18 (c) In order to effectively measure the performance of its
2266	2266	19 recipients and subrecipients, each State grant-making agency
2267	2267	20 shall:
2268	2268	21 (1) require its recipients and subrecipients to relate
2269	2269	22 financial data to performance accomplishments of the award
2270	2270	23 and, when applicable, must require recipients and
2271	2271	24 subrecipients to provide cost information to demonstrate
2272	2272	25 cost-effective practices. The recipient's and
2273	2273
2274	2274
2275	2275
2276	2276
2277	2277
2278	2278	HB5064 - 63 - LRB103 37557 MXP 67682 b
2279	2279
2280	2280
2281	2281	HB5064- 64 -LRB103 37557 MXP 67682 b HB5064 - 64 - LRB103 37557 MXP 67682 b
2282	2282	HB5064 - 64 - LRB103 37557 MXP 67682 b
2283	2283	1 subrecipient's performance should be measured in a way
2284	2284	2 that will help the State agency to improve program
2285	2285	3 outcomes, share lessons learned, and spread the adoption
2286	2286	4 of promising practices; and
2287	2287	5 (2) provide recipients and subrecipients with clear
2288	2288	6 performance goals, indicators, and milestones and must
2289	2289	7 establish performance reporting frequency and content to
2290	2290	8 not only allow the State agency to understand the
2291	2291	9 recipient's progress, but also to facilitate
2292	2292	10 identification of promising practices among recipients and
2293	2293	11 subrecipients and build the evidence upon which the State
2294	2294	12 agency's program and performance decisions are made. The
2295	2295	13 frequency of reports on performance goals, indicators, and
2296	2296	14 milestones required under this Section shall not be more
2297	2297	15 frequent than quarterly. Nothing in this Section is
2298	2298	16 intended to prohibit more frequent reporting to assess
2299	2299	17 items such as service needs, gaps, or capacity.
2300	2300	18 (c-5) Each State grant-making agency shall, when it is in
2301	2301	19 the best interests of the State, request that the Office of the
2302	2302	20 Comptroller issue a stop payment order in accordance with
2303	2303	21 Section 105 of this Act.
2304	2304	22 (c-6) Upon notification by the Grant Transparency and
2305	2305	23 Accountability Unit that a stop payment order has been
2306	2306	24 requested by a State grant-making agency, each State
2307	2307	25 grant-making agency who has issued a grant to that recipient
2308	2308	26 or subrecipient shall determine if it remains in the best
2309	2309
2310	2310
2311	2311
2312	2312
2313	2313
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2315	2315
2316	2316
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2318	2318	HB5064 - 65 - LRB103 37557 MXP 67682 b
2319	2319	1 interests of the State to continue to issue payments to the
2320	2320	2 recipient or subrecipient.
2321	2321	3 (d) The Governor's Office of Management and Budget shall
2322	2322	4 provide such advice and technical assistance to the State
2323	2323	5 grant-making agencies as is necessary or indicated in order to
2324	2324	6 ensure compliance with this Act. Advice and technical
2325	2325	7 assistance to State grant-making agencies shall include:
2326	2326	8 (1) training for State agency staff about the criteria
2327	2327	9 for Prompt Payment Act eligibility and advanced payment
2328	2328	10 eligibility;
2329	2329	11 (2) best practices for disseminating information about
2330	2330	12 grant opportunities statewide, with an emphasis on
2331	2331	13 reaching previously underserved communities and new
2332	2332	14 vendors, and
2333	2333	15 (3) the Court of Claims' jurisdiction and process
2334	2334	16 under the Court of Claims Act.
2335	2335	17 (e) In accordance with this Act and the Illinois State
2336	2336	18 Collection Act of 1986, refunds required under the Grant Funds
2337	2337	19 Recovery Act may be referred to the Comptroller's offset
2338	2338	20 system.
2339	2339	21 (Source: P.A. 100-997, eff. 8-20-18.)
2340	2340	22 (30 ILCS 708/65)
2341	2341	23 Sec. 65. Audit requirements.
2342	2342	24 (a) The standards set forth in Subpart F of 2 CFR 200 and
2343	2343	25 any other standards that apply directly to State or federal
2344	2344
2345	2345
2346	2346
2347	2347
2348	2348
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2350	2350
2351	2351
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2353	2353	HB5064 - 66 - LRB103 37557 MXP 67682 b
2354	2354	1 agencies shall apply to audits of fiscal years beginning on or
2355	2355	2 after December 26, 2014.
2356	2356	3 (b) Books and records must be available for review or
2357	2357	4 audit by appropriate officials of the pass-through entity, and
2358	2358	5 the agency, the Auditor General, the Inspector General,
2359	2359	6 appropriate officials of the agency, and the federal
2360	2360	7 Government Accountability Office.
2361	2361	8 (c) The Governor's Office of Management and Budget, with
2362	2362	9 the advice and technical assistance of the Illinois Single
2363	2363	10 Audit Commission, shall adopt rules for audits of grants from
2364	2364	11 a State or federal pass-through entity that are not subject to
2365	2365	12 the Single Audit Act because the amount of the federal award is
2366	2366	13 less than the amount specified in subparts (a) and (b) of 2 CFR
2367	2367	14 200.501 $750,000 or the subrecipient is an exempt entity and
2368	2368	15 that are reasonably consistent with 2 CFR 200.
2369	2369	16 (d) This Act does not affect the provisions of the
2370	2370	17 Illinois State Auditing Act and does not address the external
2371	2371	18 audit function of the Auditor General.
2372	2372	19 (Source: P.A. 98-706, eff. 7-16-14.)
2373	2373	20 (30 ILCS 708/97) (was 30 ILCS 708/520)
2374	2374	21 Sec. 97. Separate accounts for State grant funds.
2375	2375	22 Notwithstanding any provision of law to the contrary, all
2376	2376	23 grants for which advance payments are made and any grant
2377	2377	24 agreement entered into, renewed, or extended on or after
2378	2378	25 August 20, 2018 (the effective date of Public Act 100-997)
2379	2379
2380	2380
2381	2381
2382	2382
2383	2383
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2385	2385
2386	2386
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2388	2388	HB5064 - 67 - LRB103 37557 MXP 67682 b
2389	2389	1 that permits advanced payments, between a State grant-making
2390	2390	2 agency and a not-for-profit nonprofit organization, shall
2391	2391	3 require the not-for-profit nonprofit organization receiving
2392	2392	4 grant funds to maintain those funds in an account which is
2393	2393	5 separate and distinct from any account holding non-grant
2394	2394	6 funds. Except as otherwise provided in an agreement between a
2395	2395	7 State grant-making agency and a nonprofit organization, the
2396	2396	8 grant funds held in a separate account by a nonprofit
2397	2397	9 organization shall not be used for non-grant-related
2398	2398	10 activities, and any unused grant funds shall be returned to
2399	2399	11 the State grant-making agency. This Section does not apply to
2400	2400	12 grant payments that are made as reimbursements.
2401	2401	13 (Source: P.A. 100-997, eff. 8-20-18; 101-81, eff. 7-12-19.)
2402	2402	14 (30 ILCS 708/125)
2403	2403	15 Sec. 125. Expenditures prior to grant execution; reporting
2404	2404	16 requirements.
2405	2405	17 (a) In the event that a recipient or subrecipient incurs
2406	2406	18 expenses related to the grant award prior to the execution of
2407	2407	19 the grant agreement but within the term of the grant, and the
2408	2408	20 grant agreement is executed more than 30 days after the
2409	2409	21 effective date of the grant, the recipient or subrecipient
2410	2410	22 must submit to the State grant-making agency a report that
2411	2411	23 accounts for eligible grant expenditures and project
2412	2412	24 activities from the effective date of the grant up to and
2413	2413	25 including the date of execution of the grant agreement. If the
2414	2414
2415	2415
2416	2416
2417	2417
2418	2418
2419	2419	HB5064 - 67 - LRB103 37557 MXP 67682 b
2420	2420
2421	2421
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2423	2423	HB5064 - 68 - LRB103 37557 MXP 67682 b
2424	2424	1 State grant-making agency does not issue the grant agreement
2425	2425	2 to the recipient within 30 days of the effective date of the
2426	2426	3 grant, interest penalties shall apply pursuant to Section 3-4
2427	2427	4 of the State Prompt Payment Act.
2428	2428	5 (b) The recipient or subrecipient must submit the report
2429	2429	6 to the State grant-making agency within 30 days of execution
2430	2430	7 of the grant agreement.
2431	2431	8 (c) Only those expenses that are reasonable, allowable,
2432	2432	9 and in furtherance of the purpose of the grant award shall be
2433	2433	10 reimbursed.
2434	2434	11 (d) The State grant-making agency must approve the report
2435	2435	12 prior to issuing any payment to the recipient or subrecipient.
2436	2436	13 (Source: P.A. 100-997, eff. 8-20-18.)
2437	2437	14 (30 ILCS 708/135 new)
2438	2438	15 Sec. 135. Grant Agreement specifications.
2439	2439	16 (a) A grant agreement shall include:
2440	2440	17 (1) the dates on which the State grant-making agency
2441	2441	18 will transmit vouchers to the Comptroller; and
2442	2442	19 (2) whether the grant is eligible under the Prompt
2443	2443	20 Payment Act or for advanced payments.
2444	2444	21 (b) A State agency shall not restrict the amount of money
2445	2445	22 used to pay for fringe benefits.
2446	2446	23 (c) A State agency shall not restrict indirect costs to
2447	2447	24 less than 20% of the grant agreement or the federally
2448	2448	25 negotiated rate, whichever is higher, unless the recipient
2449	2449
2450	2450
2451	2451
2452	2452
2453	2453
2454	2454	HB5064 - 68 - LRB103 37557 MXP 67682 b
2455	2455
2456	2456
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2458	2458	HB5064 - 69 - LRB103 37557 MXP 67682 b
2459	2459	1 prefers a lower rate.
2460	2460	2 (d) A State agency shall not restrict direct
2461	2461	3 administrative costs to less than 20% of direct costs in the
2462	2462	4 grant agreement unless the recipient prefers a lower rate.
2463	2463	5 (e) Nothing in this Section shall apply to grants that are
2464	2464	6 solely for the purpose of capital projects.
2465	2465	7 (f) Nothing in this Section shall apply if the grant
2466	2466	8 conflicts with requirements due to federal law or federal
2467	2467	9 grant obligations.
2468	2468	10 Section 25. The Court of Claims Act is amended by changing
2469	2469	11 Sections 4, 6, 8, 9, 11, 19, 21, 22, 23, and 24 as follows:
2470	2470	12 (705 ILCS 505/4) (from Ch. 37, par. 439.4)
2471	2471	13 Sec. 4. Each judge shall receive an annual salary of:
2472	2472	14 $68,000 $20,900 from the third Monday in January, 1979 to the
2473	2473	15 third Monday in January, 1980; $22,100 from the third Monday
2474	2474	16 in January, 1980 to the third Monday in January, 1981; $23,400
2475	2475	17 from the third Monday in January, 1981 to the third Monday in
2476	2476	18 January, 1982, and $25,000 thereafter, or as set by the
2477	2477	19 Compensation Review Board, whichever is greater, payable in
2478	2478	20 equal monthly installments.
2479	2479	21 (Source: P.A. 83-1177.)
2480	2480	22 (705 ILCS 505/6) (from Ch. 37, par. 439.6)
2481	2481	23 Sec. 6. The court shall hold sessions at such places as it
2482	2482
2483	2483
2484	2484
2485	2485
2486	2486
2487	2487	HB5064 - 69 - LRB103 37557 MXP 67682 b
2488	2488
2489	2489
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2491	2491	HB5064 - 70 - LRB103 37557 MXP 67682 b
2492	2492	1 deems necessary to expedite the business of the court. The
2493	2493	2 Court shall permit virtual hearings for claims arising from
2494	2494	3 paragraph (b) of Section 8 of this Act.
2495	2495	4 (Source: P.A. 90-492, eff. 8-17-97.)
2496	2496	5 (705 ILCS 505/8) (from Ch. 37, par. 439.8)
2497	2497	6 Sec. 8. Court of Claims jurisdiction; deliberation
2498	2498	7 periods. The court shall have exclusive jurisdiction to hear
2499	2499	8 and determine the following matters:
2500	2500	9 (a) All claims against the State founded upon any law
2501	2501	10 of the State of Illinois or upon any regulation adopted
2502	2502	11 thereunder by an executive or administrative officer or
2503	2503	12 agency; provided, however, the court shall not have
2504	2504	13 jurisdiction (i) to hear or determine claims arising under
2505	2505	14 the Workers' Compensation Act or the Workers' Occupational
2506	2506	15 Diseases Act, or claims for expenses in civil litigation,
2507	2507	16 or (ii) to review administrative decisions for which a
2508	2508	17 statute provides that review shall be in the circuit or
2509	2509	18 appellate court.
2510	2510	19 (b) All claims against the State founded upon any
2511	2511	20 contract entered into with the State of Illinois, except
2512	2512	21 that undisputed individual claims of less than $2,500
2513	2513	22 resulting from lapsed appropriations do not fall under the
2514	2514	23 jurisdiction of Court of Claims. State agencies may pay
2515	2515	24 undisputed individual claims of less than $2,500 resulting
2516	2516	25 from lapsed appropriations from current fiscal year
2517	2517
2518	2518
2519	2519
2520	2520
2521	2521
2522	2522	HB5064 - 70 - LRB103 37557 MXP 67682 b
2523	2523
2524	2524
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2526	2526	HB5064 - 71 - LRB103 37557 MXP 67682 b
2527	2527	1 appropriations.
2528	2528	2 (c) All claims against the State for time unjustly
2529	2529	3 served in prisons of this State when the person imprisoned
2530	2530	4 received a pardon from the Governor stating that such
2531	2531	5 pardon is issued on the ground of innocence of the crime
2532	2532	6 for which he or she was imprisoned or he or she received a
2533	2533	7 certificate of innocence from the Circuit Court as
2534	2534	8 provided in Section 2-702 of the Code of Civil Procedure;
2535	2535	9 provided, the amount of the award is at the discretion of
2536	2536	10 the court; and provided, the court shall make no award in
2537	2537	11 excess of the following amounts: for imprisonment of 5
2538	2538	12 years or less, not more than $85,350; for imprisonment of
2539	2539	13 14 years or less but over 5 years, not more than $170,000;
2540	2540	14 for imprisonment of over 14 years, not more than $199,150;
2541	2541	15 and provided further, the court shall fix attorney's fees
2542	2542	16 not to exceed 25% of the award granted. On or after the
2543	2543	17 effective date of this amendatory Act of the 95th General
2544	2544	18 Assembly, the court shall annually adjust the maximum
2545	2545	19 awards authorized by this subsection (c) to reflect the
2546	2546	20 increase, if any, in the Consumer Price Index For All
2547	2547	21 Urban Consumers for the previous calendar year, as
2548	2548	22 determined by the United States Department of Labor,
2549	2549	23 except that no annual increment may exceed 5%. For the
2550	2550	24 annual adjustments, if the Consumer Price Index decreases
2551	2551	25 during a calendar year, there shall be no adjustment for
2552	2552	26 that calendar year. The transmission by the Prisoner
2553	2553
2554	2554
2555	2555
2556	2556
2557	2557
2558	2558	HB5064 - 71 - LRB103 37557 MXP 67682 b
2559	2559
2560	2560
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2562	2562	HB5064 - 72 - LRB103 37557 MXP 67682 b
2563	2563	1 Review Board or the clerk of the circuit court of the
2564	2564	2 information described in Section 11(b) to the clerk of the
2565	2565	3 Court of Claims is conclusive evidence of the validity of
2566	2566	4 the claim. The changes made by this amendatory Act of the
2567	2567	5 95th General Assembly apply to all claims pending on or
2568	2568	6 filed on or after the effective date.
2569	2569	7 (d) All claims against the State for damages in cases
2570	2570	8 sounding in tort, if a like cause of action would lie
2571	2571	9 against a private person or corporation in a civil suit,
2572	2572	10 and all like claims sounding in tort against the Medical
2573	2573	11 Center Commission, the Board of Trustees of the University
2574	2574	12 of Illinois, the Board of Trustees of Southern Illinois
2575	2575	13 University, the Board of Trustees of Chicago State
2576	2576	14 University, the Board of Trustees of Eastern Illinois
2577	2577	15 University, the Board of Trustees of Governors State
2578	2578	16 University, the Board of Trustees of Illinois State
2579	2579	17 University, the Board of Trustees of Northeastern Illinois
2580	2580	18 University, the Board of Trustees of Northern Illinois
2581	2581	19 University, the Board of Trustees of Western Illinois
2582	2582	20 University, or the Board of Trustees of the Illinois
2583	2583	21 Mathematics and Science Academy; provided, that an award
2584	2584	22 for damages in a case sounding in tort, other than certain
2585	2585	23 cases involving the operation of a State vehicle described
2586	2586	24 in this paragraph, shall not exceed the sum of $2,000,000
2587	2587	25 to or for the benefit of any claimant. The $2,000,000
2588	2588	26 limit prescribed by this Section does not apply to an
2589	2589
2590	2590
2591	2591
2592	2592
2593	2593
2594	2594	HB5064 - 72 - LRB103 37557 MXP 67682 b
2595	2595
2596	2596
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2598	2598	HB5064 - 73 - LRB103 37557 MXP 67682 b
2599	2599	1 award of damages in any case sounding in tort arising out
2600	2600	2 of the operation by a State employee of a vehicle owned,
2601	2601	3 leased or controlled by the State. The defense that the
2602	2602	4 State or the Medical Center Commission or the Board of
2603	2603	5 Trustees of the University of Illinois, the Board of
2604	2604	6 Trustees of Southern Illinois University, the Board of
2605	2605	7 Trustees of Chicago State University, the Board of
2606	2606	8 Trustees of Eastern Illinois University, the Board of
2607	2607	9 Trustees of Governors State University, the Board of
2608	2608	10 Trustees of Illinois State University, the Board of
2609	2609	11 Trustees of Northeastern Illinois University, the Board of
2610	2610	12 Trustees of Northern Illinois University, the Board of
2611	2611	13 Trustees of Western Illinois University, or the Board of
2612	2612	14 Trustees of the Illinois Mathematics and Science Academy
2613	2613	15 is not liable for the negligence of its officers, agents,
2614	2614	16 and employees in the course of their employment is not
2615	2615	17 applicable to the hearing and determination of such
2616	2616	18 claims. The changes to this Section made by this
2617	2617	19 amendatory Act of the 100th General Assembly apply only to
2618	2618	20 claims filed on or after July 1, 2015.
2619	2619	21 The court shall annually adjust the maximum awards
2620	2620	22 authorized by this subsection to reflect the increase, if
2621	2621	23 any, in the Consumer Price Index For All Urban Consumers
2622	2622	24 for the previous calendar year, as determined by the
2623	2623	25 United States Department of Labor. The Comptroller shall
2624	2624	26 make the new amount resulting from each annual adjustment
2625	2625
2626	2626
2627	2627
2628	2628
2629	2629
2630	2630	HB5064 - 73 - LRB103 37557 MXP 67682 b
2631	2631
2632	2632
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2634	2634	HB5064 - 74 - LRB103 37557 MXP 67682 b
2635	2635	1 available to the public via the Comptroller's official
2636	2636	2 website by January 31 of every year.
2637	2637	3 (e) All claims for recoupment made by the State of
2638	2638	4 Illinois against any claimant.
2639	2639	5 (f) All claims pursuant to the Line of Duty
2640	2640	6 Compensation Act. A claim under that Act must be heard and
2641	2641	7 determined within one year after the application for that
2642	2642	8 claim is filed with the Court as provided in that Act.
2643	2643	9 (g) All claims filed pursuant to the Crime Victims
2644	2644	10 Compensation Act.
2645	2645	11 (h) All claims pursuant to the Illinois National
2646	2646	12 Guardsman's Compensation Act. A claim under that Act must
2647	2647	13 be heard and determined within one year after the
2648	2648	14 application for that claim is filed with the Court as
2649	2649	15 provided in that Act.
2650	2650	16 (i) All claims authorized by subsection (a) of Section
2651	2651	17 10-55 of the Illinois Administrative Procedure Act for the
2652	2652	18 expenses incurred by a party in a contested case on the
2653	2653	19 administrative level.
2654	2654	20 (Source: P.A. 100-1124, eff. 11-27-18.)
2655	2655	21 (705 ILCS 505/9) (from Ch. 37, par. 439.9)
2656	2656	22 Sec. 9. Court powers and duties. The court may:
2657	2657	23 (a) The court may establish A. Establish rules for its
2658	2658	24 government and for the regulation of practice therein; appoint
2659	2659	25 commissioners to assist the court in such manner as it directs
2660	2660
2661	2661
2662	2662
2663	2663
2664	2664
2665	2665	HB5064 - 74 - LRB103 37557 MXP 67682 b
2666	2666
2667	2667
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2669	2669	HB5064 - 75 - LRB103 37557 MXP 67682 b
2670	2670	1 and discharge them at will; and exercise such powers as are
2671	2671	2 necessary to carry into effect the powers granted in this
2672	2672	3 Section. Any Commissioner appointed shall be an attorney
2673	2673	4 licensed to practice law in the State of Illinois. The rules
2674	2674	5 established hereunder shall not be waived, and any extension
2675	2675	6 of time authorized by such rules shall only be allowed on
2676	2676	7 motion duly filed within the time limitation for which the
2677	2677	8 extension is requested.
2678	2678	9 (b) The court may issue B. Issue subpoenas through the
2679	2679	10 Chief Justice or one of its judges or commissioners to require
2680	2680	11 the attendance of witnesses for the purpose of testifying
2681	2681	12 before it, or before any judge of the court, or before any
2682	2682	13 notary public, or any of its commissioners, and to require the
2683	2683	14 production of any books, records, papers or documents that may
2684	2684	15 be material or relevant as evidence in any matter pending
2685	2685	16 before it. In case any person refuses to comply with any
2686	2686	17 subpoena issued in the name of the chief justice, or one of the
2687	2687	18 judges or commissioners, attested by the clerk, with the seal
2688	2688	19 of the court attached, and served upon the person named
2689	2689	20 therein as a summons in a civil action is served, the circuit
2690	2690	21 court of the proper county, on application of the party at
2691	2691	22 whose instance the subpoena was issued, shall compel obedience
2692	2692	23 by attachment proceedings, as for contempt, as in a case of a
2693	2693	24 disobedience of the requirements of a subpoena from such court
2694	2694	25 on a refusal to testify therein.
2695	2695	26 (c) The court shall create an online portal that allows
2696	2696
2697	2697
2698	2698
2699	2699
2700	2700
2701	2701	HB5064 - 75 - LRB103 37557 MXP 67682 b
2702	2702
2703	2703
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2705	2705	HB5064 - 76 - LRB103 37557 MXP 67682 b
2706	2706	1 vendors to submit claims electronically under subsection (b)
2707	2707	2 of Section 8 of this Act, and to view and track the status of
2708	2708	3 their claim.
2709	2709	4 (Source: P.A. 83-865.)
2710	2710	5 (705 ILCS 505/11) (from Ch. 37, par. 439.11)
2711	2711	6 Sec. 11. Filing claims.
2712	2712	7 (a) Except as otherwise provided in subsection (b) of this
2713	2713	8 Section and subsection (4) of Section 24, the claimant shall
2714	2714	9 in all cases set forth fully in his petition the claim, the
2715	2715	10 action thereon, if any, on behalf of the State, what persons
2716	2716	11 are owners or trustees as defined under Section 3 of the
2717	2717	12 Charitable Trust Act thereof or interested therein, when and
2718	2718	13 upon what consideration such persons became so interested;
2719	2719	14 that no assignment or transfer of the claim or any part thereof
2720	2720	15 or interest therein has been made, except as stated in the
2721	2721	16 petition; that the claimant is justly entitled to the amount
2722	2722	17 therein claimed from the State of Illinois, after allowing all
2723	2723	18 just credits; and that claimant believes the facts stated in
2724	2724	19 the petition to be true. The petition shall be verified, as to
2725	2725	20 statements of facts, by the affidavit of the claimant, his
2726	2726	21 agent, or attorney.
2727	2727	22 (b) Whenever a person has served a term of imprisonment
2728	2728	23 and has received a pardon by the Governor stating that such
2729	2729	24 pardon was issued on the ground of innocence of the crime for
2730	2730	25 which he or she was imprisoned, the Prisoner Review Board
2731	2731
2732	2732
2733	2733
2734	2734
2735	2735
2736	2736	HB5064 - 76 - LRB103 37557 MXP 67682 b
2737	2737
2738	2738
2739	2739	HB5064- 77 -LRB103 37557 MXP 67682 b HB5064 - 77 - LRB103 37557 MXP 67682 b
2740	2740	HB5064 - 77 - LRB103 37557 MXP 67682 b
2741	2741	1 shall transmit this information to the clerk of the Court of
2742	2742	2 Claims, together with the claimant's current address. Whenever
2743	2743	3 a person has served a term of imprisonment and has received a
2744	2744	4 certificate of innocence from the Circuit Court as provided in
2745	2745	5 Section 2-702 of the Code of Civil Procedure, the clerk of the
2746	2746	6 issuing Circuit Court shall transmit this information to the
2747	2747	7 clerk of the Court of Claims, together with the claimant's
2748	2748	8 current address. The clerk of the Court of Claims shall
2749	2749	9 immediately docket the case for consideration by the Court of
2750	2750	10 Claims, and shall provide notice to the claimant of such
2751	2751	11 docketing together with all hearing dates and applicable
2752	2752	12 deadlines. The Court of Claims shall hear the case and render a
2753	2753	13 decision within 90 days after its docketing.
2754	2754	14 (Source: P.A. 95-970, eff. 9-22-08; 96-328, eff. 8-11-09.)
2755	2755	15 (705 ILCS 505/19) (from Ch. 37, par. 439.19)
2756	2756	16 Sec. 19. The Attorney General, or his assistants under his
2757	2757	17 direction, shall appear for the defense and protection of the
2758	2758	18 interests of the State of Illinois in all cases filed in the
2759	2759	19 court, and may make claim for recoupment by the State.
2760	2760	20 For all claims arising under paragraph (b) of Section 8 of
2761	2761	21 this Act:
2762	2762	22 (1) the Attorney General must electronically confirm
2763	2763	23 receipt of the Claim to the claimant and contact the State
2764	2764	24 agency within 5 days of receiving the claim from the Court
2765	2765	25 to confirm or reject the veracity of the claim.
2766	2766
2767	2767
2768	2768
2769	2769
2770	2770
2771	2771	HB5064 - 77 - LRB103 37557 MXP 67682 b
2772	2772
2773	2773
2774	2774	HB5064- 78 -LRB103 37557 MXP 67682 b HB5064 - 78 - LRB103 37557 MXP 67682 b
2775	2775	HB5064 - 78 - LRB103 37557 MXP 67682 b
2776	2776	1 (2) the State agency must confirm or reject the
2777	2777	2 veracity of the claim with the Attorney General's office
2778	2778	3 within 30 days of being contacted by the Attorney General.
2779	2779	4 (3) The Attorney General must electronically notify
2780	2780	5 the claimant of the State agency's decision and file a
2781	2781	6 stipulation or motion with the Court within 30 days of the
2782	2782	7 State agency confirming or rejecting the claim.
2783	2783	8 (Source: Laws 1945, p. 660.)
2784	2784	9 (705 ILCS 505/21) (from Ch. 37, par. 439.21)
2785	2785	10 Sec. 21. The court is authorized to impose, by uniform
2786	2786	11 rules, a fee of $15 for the filing of a petition in any case in
2787	2787	12 which the award sought is more than $500 $50 and less than
2788	2788	13 $10,000 $1,000 and $35 in any case in which the award sought is
2789	2789	14 $10,000 $1,000 or more; and to charge and collect for copies of
2790	2790	15 opinions or other documents filed in the Court of Claims such
2791	2791	16 fees as may be prescribed by the rules of the Court. All fees
2792	2792	17 and charges so collected shall be forthwith paid into the
2793	2793	18 State Treasury. For claims arising from paragraph (b) of
2794	2794	19 Section 8 of this Act, when the Court rules in favor of the
2795	2795	20 vendor, the filing fee shall be refunded to the claimant.
2796	2796	21 A petitioner who is a prisoner in an Illinois Department
2797	2797	22 of Corrections facility who files a pleading, motion, or other
2798	2798	23 filing that purports to be a legal document against the State,
2799	2799	24 the Illinois Department of Corrections, the Prisoner Review
2800	2800	25 Board, or any of their officers or employees in which the court
2801	2801
2802	2802
2803	2803
2804	2804
2805	2805
2806	2806	HB5064 - 78 - LRB103 37557 MXP 67682 b
2807	2807
2808	2808
2809	2809	HB5064- 79 -LRB103 37557 MXP 67682 b HB5064 - 79 - LRB103 37557 MXP 67682 b
2810	2810	HB5064 - 79 - LRB103 37557 MXP 67682 b
2811	2811	1 makes a specific finding that it is frivolous shall pay all
2812	2812	2 filing fees and court costs in the manner provided in Article
2813	2813	3 XXII of the Code of Civil Procedure.
2814	2814	4 In claims based upon lapsed appropriations or lost warrant
2815	2815	5 or in claims filed under the Line of Duty Compensation Act, the
2816	2816	6 Illinois National Guardsman's Compensation Act, or the Crime
2817	2817	7 Victims Compensation Act or in claims filed by medical vendors
2818	2818	8 for medical services rendered by the claimant to persons
2819	2819	9 eligible for Medical Assistance under programs administered by
2820	2820	10 the Department of Healthcare and Family Services, no filing
2821	2821	11 fee shall be required.
2822	2822	12 (Source: P.A. 95-331, eff. 8-21-07.)
2823	2823	13 (705 ILCS 505/22) (from Ch. 37, par. 439.22)
2824	2824	14 Sec. 22. Every claim cognizable by the court and not
2825	2825	15 otherwise sooner barred by law shall be forever barred from
2826	2826	16 prosecution therein unless it is filed with the clerk of the
2827	2827	17 court within the time set forth as follows:
2828	2828	18 (a) All claims arising out of a contract must be filed
2829	2829	19 within 5 years after it first accrues, saving to minors,
2830	2830	20 and persons under legal disability at the time the claim
2831	2831	21 accrues, in which cases the claim must be filed within 5
2832	2832	22 years from the time the disability ceases.
2833	2833	23 (b) All claims cognizable against the State by vendors
2834	2834	24 of goods or services under the Illinois Public Aid Code
2835	2835	25 must be filed within one year after the accrual of the
2836	2836
2837	2837
2838	2838
2839	2839
2840	2840
2841	2841	HB5064 - 79 - LRB103 37557 MXP 67682 b
2842	2842
2843	2843
2844	2844	HB5064- 80 -LRB103 37557 MXP 67682 b HB5064 - 80 - LRB103 37557 MXP 67682 b
2845	2845	HB5064 - 80 - LRB103 37557 MXP 67682 b
2846	2846	1 cause of action, as provided in Section 11-13 of that
2847	2847	2 Code.
2848	2848	3 (c) All claims arising under paragraph (c) of Section
2849	2849	4 8 of this Act must be automatically heard by the court
2850	2850	5 within 120 days after the person asserting such claim is
2851	2851	6 either issued a certificate of innocence from the circuit
2852	2852	7 court as provided in Section 2-702 of the Code of Civil
2853	2853	8 Procedure, or is granted a pardon by the Governor,
2854	2854	9 whichever occurs later, without the person asserting the
2855	2855	10 claim being required to file a petition under Section 11
2856	2856	11 of this Act, except as otherwise provided by the Crime
2857	2857	12 Victims Compensation Act. Any claims filed by the claimant
2858	2858	13 under paragraph (c) of Section 8 of this Act must be filed
2859	2859	14 within 2 years after the person asserting such claim is
2860	2860	15 either issued a certificate of innocence as provided in
2861	2861	16 Section 2-702 of the Code of Civil Procedure, or is
2862	2862	17 granted a pardon by the Governor, whichever occurs later.
2863	2863	18 (d) All claims arising under paragraph (f) of Section
2864	2864	19 8 of this Act must be filed within the time set forth in
2865	2865	20 Section 3 of the Line of Duty Compensation Act.
2866	2866	21 (e) All claims arising under paragraph (h) of Section
2867	2867	22 8 of this Act must be filed within one year of the date of
2868	2868	23 the death of the guardsman or militiaman as provided in
2869	2869	24 Section 3 of the Illinois National Guardsman's
2870	2870	25 Compensation Act.
2871	2871	26 (f) All claims arising under paragraph (g) of Section
2872	2872
2873	2873
2874	2874
2875	2875
2876	2876
2877	2877	HB5064 - 80 - LRB103 37557 MXP 67682 b
2878	2878
2879	2879
2880	2880	HB5064- 81 -LRB103 37557 MXP 67682 b HB5064 - 81 - LRB103 37557 MXP 67682 b
2881	2881	HB5064 - 81 - LRB103 37557 MXP 67682 b
2882	2882	1 8 of this Act must be filed within one year of the crime on
2883	2883	2 which a claim is based as provided in Section 6.1 of the
2884	2884	3 Crime Victims Compensation Act.
2885	2885	4 (g) All claims arising from the Comptroller's refusal
2886	2886	5 to issue a replacement warrant pursuant to Section 10.10
2887	2887	6 of the State Comptroller Act must be filed within 5 years
2888	2888	7 after the date of the Comptroller's refusal.
2889	2889	8 (h) All other claims must be filed within 2 years
2890	2890	9 after it first accrues, saving to minors, and persons
2891	2891	10 under legal disability at the time the claim accrues, in
2892	2892	11 which case the claim must be filed within 2 years from the
2893	2893	12 time the disability ceases.
2894	2894	13 (i) The changes made by Public Act 86-458 apply to all
2895	2895	14 warrants issued within the 5-year period preceding August
2896	2896	15 31, 1989 (the effective date of Public Act 86-458). The
2897	2897	16 changes made to this Section by Public Act 100-1124 apply
2898	2898	17 to claims pending on November 27, 2018 (the effective date
2899	2899	18 of Public Act 100-1124) and to claims filed thereafter.
2900	2900	19 (j) All time limitations established under this Act
2901	2901	20 and the rules promulgated under this Act shall be binding
2902	2902	21 and jurisdictional, except upon extension authorized by
2903	2903	22 law or rule and granted pursuant to a motion timely filed.
2904	2904	23 (k) The Court must electronically confirm receipt of claim
2905	2905	24 to the vendor within 30 days for all claims arising under
2906	2906	25 paragraph (b) of Section 8 of this Act.
2907	2907	26 (1) The State agency must electronically confirm or
2908	2908
2909	2909
2910	2910
2911	2911
2912	2912
2913	2913	HB5064 - 81 - LRB103 37557 MXP 67682 b
2914	2914
2915	2915
2916	2916	HB5064- 82 -LRB103 37557 MXP 67682 b HB5064 - 82 - LRB103 37557 MXP 67682 b
2917	2917	HB5064 - 82 - LRB103 37557 MXP 67682 b
2918	2918	1 reject all claims arising under paragraph (b) of Section 8
2919	2919	2 of this Act within 30 days of being contacted by the
2920	2920	3 Attorney General. If the state agency does not confirm or
2921	2921	4 reject a claim within 30 days, the State agency forfeits
2922	2922	5 the right to reject or contest the claim.
2923	2923	6 (2) The Comptroller must issue payment to vendors
2924	2924	7 within 30 days of the Court entering an award for claims
2925	2925	8 arising under paragraph (b) of Section 8 of this Act,
2926	2926	9 subject to available appropriation.
2927	2927	10 (Source: P.A. 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
2928	2928	11 (705 ILCS 505/23) (from Ch. 37, par. 439.23)
2929	2929	12 Sec. 23. Notwithstanding the exceptions for lapsed
2930	2930	13 appropriations as stipulated by 705 ILCS 505/8(b), it It is
2931	2931	14 the policy of the General Assembly to make no appropriation to
2932	2932	15 pay any claim against the State, cognizable by the court,
2933	2933	16 unless an award therefor has been made by the court.
2934	2934	17 (Source: Laws 1945, p. 660.)
2935	2935	18 (705 ILCS 505/24) (from Ch. 37, par. 439.24)
2936	2936	19 Sec. 24. Payment of awards.
2937	2937	20 (1) From funds appropriated by the General Assembly for
2938	2938	21 the purposes of this Section the Court may direct immediate
2939	2939	22 payment of:
2940	2940	23 (a) All claims arising solely as a result of the
2941	2941	24 lapsing of an appropriation out of which the obligation
2942	2942
2943	2943
2944	2944
2945	2945
2946	2946
2947	2947	HB5064 - 82 - LRB103 37557 MXP 67682 b
2948	2948
2949	2949
2950	2950	HB5064- 83 -LRB103 37557 MXP 67682 b HB5064 - 83 - LRB103 37557 MXP 67682 b
2951	2951	HB5064 - 83 - LRB103 37557 MXP 67682 b
2952	2952	1 could have been paid.
2953	2953	2 (b) All claims pursuant to the Line of Duty
2954	2954	3 Compensation Act.
2955	2955	4 (c) All claims pursuant to the "Illinois National
2956	2956	5 Guardsman's and Naval Militiaman's Compensation Act",
2957	2957	6 approved August 12, 1971, as amended.
2958	2958	7 (d) All claims pursuant to the "Crime Victims
2959	2959	8 Compensation Act", approved August 23, 1973, as amended.
2960	2960	9 (d-5) All claims against the State for unjust
2961	2961	10 imprisonment as provided in subsection (c) of Section 8 of
2962	2962	11 this Act.
2963	2963	12 (e) All other claims wherein the amount of the award
2964	2964	13 of the Court is less than $50,000.
2965	2965	14 (2) The court may, from funds specifically appropriated
2966	2966	15 from the General Revenue Fund for this purpose, direct the
2967	2967	16 payment of awards less than $100,000 $50,000 solely as a
2968	2968	17 result of the lapsing of an appropriation originally made from
2969	2969	18 any fund held by the State Treasurer. For any such award paid
2970	2970	19 from the General Revenue Fund, the court shall thereafter seek
2971	2971	20 an appropriation from the fund from which the liability
2972	2972	21 originally accrued in reimbursement of the General Revenue
2973	2973	22 Fund. For awards that are less than $2,500, the relevant State
2974	2974	23 agency may pay from current year appropriations.
2975	2975	24 (3) In directing payment of a claim pursuant to the Line of
2976	2976	25 Duty Compensation Act, the Court must direct the Comptroller
2977	2977	26 to add an interest penalty if payment of a claim is not made
2978	2978
2979	2979
2980	2980
2981	2981
2982	2982
2983	2983	HB5064 - 83 - LRB103 37557 MXP 67682 b
2984	2984
2985	2985
2986	2986	HB5064- 84 -LRB103 37557 MXP 67682 b HB5064 - 84 - LRB103 37557 MXP 67682 b
2987	2987	HB5064 - 84 - LRB103 37557 MXP 67682 b
2988	2988	1 within 6 months after a claim is filed in accordance with
2989	2989	2 Section 3 of the Line of Duty Compensation Act and all
2990	2990	3 information has been submitted as required under Section 4 of
2991	2991	4 the Line of Duty Compensation Act. If payment is not issued
2992	2992	5 within the 6-month period, an interest penalty of 1% of the
2993	2993	6 amount of the award shall be added for each month or fraction
2994	2994	7 thereof after the end of the 6-month period, until final
2995	2995	8 payment is made. This interest penalty shall be added
2996	2996	9 regardless of whether the payment is not issued within the
2997	2997	10 6-month period because of the appropriation process, the
2998	2998	11 consideration of the matter by the Court, or any other reason.
2999	2999	12 (3.5) The interest penalty payment provided for in
3000	3000	13 subsection (3) shall be added to all claims for which benefits
3001	3001	14 were not paid as of the effective date of P.A. 95-928. The
3002	3002	15 interest penalty shall be calculated starting from the
3003	3003	16 effective date of P.A. 95-928, provided that the effective
3004	3004	17 date of P.A. 95-928 is at least 6 months after the date on
3005	3005	18 which the claim was filed in accordance with Section 3 of the
3006	3006	19 Line of Duty Compensation Act. In the event that the date 6
3007	3007	20 months after the date on which the claim was filed is later
3008	3008	21 than the effective date of P.A. 95-928, the Court shall
3009	3009	22 calculate the interest payment penalty starting from the date
3010	3010	23 6 months after the date on which the claim was filed in
3011	3011	24 accordance with Section 3 of the Line of Duty Compensation
3012	3012	25 Act. This subsection (3.5) of this amendatory Act of the 96th
3013	3013	26 General Assembly is declarative of existing law.
3014	3014
3015	3015
3016	3016
3017	3017
3018	3018
3019	3019	HB5064 - 84 - LRB103 37557 MXP 67682 b
3020	3020
3021	3021
3022	3022	HB5064- 85 -LRB103 37557 MXP 67682 b HB5064 - 85 - LRB103 37557 MXP 67682 b
3023	3023	HB5064 - 85 - LRB103 37557 MXP 67682 b
3024	3024	1 (3.6) In addition to the interest payments provided for in
3025	3025	2 subsections (3) and (3.5), the Court shall direct the
3026	3026	3 Comptroller to add a "catch-up" payment to the claims of
3027	3027	4 eligible claimants. For the purposes of this subsection (3.6),
3028	3028	5 an "eligible claimant" is a claimant whose claim is not paid in
3029	3029	6 the year in which it was filed. For purposes of this subsection
3030	3030	7 (3.6), "'catch-up' payment" is defined as the difference
3031	3031	8 between the amount paid to claimants whose claims were filed
3032	3032	9 in the year in which the eligible claimant's claim is paid and
3033	3033	10 the amount paid to claimants whose claims were filed in the
3034	3034	11 year in which the eligible claimant filed his or her claim. The
3035	3035	12 "catch-up" payment is payable simultaneously with the claim
3036	3036	13 award.
3037	3037	14 (4) From funds appropriated by the General Assembly for
3038	3038	15 the purposes of paying claims under paragraph (c) of Section
3039	3039	16 8, the court must direct payment of each claim and the payment
3040	3040	17 must be received by the claimant within 60 days after the date
3041	3041	18 that the funds are appropriated for that purpose.
3042	3042	19 (Source: P.A. 100-1124, eff. 11-27-18.)
3043	3043	HB5064- 86 -LRB103 37557 MXP 67682 b 1 INDEX 2 Statutes amended in order of appearance 3 15 ILCS 405/9from Ch. 15, par. 2094 15 ILCS 405/9.03from Ch. 15, par. 209.035 30 ILCS 105/25from Ch. 127, par. 1616 30 ILCS 540/1from Ch. 127, par. 132.4017 30 ILCS 540/3-28 30 ILCS 540/3-3from Ch. 127, par. 132.403-39 30 ILCS 540/3-410 30 ILCS 540/3-511 30 ILCS 540/3-612 30 ILCS 540/5from Ch. 127, par. 132.40513 30 ILCS 540/7from Ch. 127, par. 132.40714 30 ILCS 708/1515 30 ILCS 708/2516 30 ILCS 708/3017 30 ILCS 708/5018 30 ILCS 708/6519 30 ILCS 708/97was 30 ILCS 708/52020 30 ILCS 708/12521 30 ILCS 708/135 new22 705 ILCS 505/4from Ch. 37, par. 439.423 705 ILCS 505/6from Ch. 37, par. 439.624 705 ILCS 505/8from Ch. 37, par. 439.825 705 ILCS 505/9from Ch. 37, par. 439.9 HB5064- 87 -LRB103 37557 MXP 67682 b HB5064- 86 -LRB103 37557 MXP 67682 b HB5064 - 86 - LRB103 37557 MXP 67682 b 1 INDEX 2 Statutes amended in order of appearance 3 15 ILCS 405/9 from Ch. 15, par. 209 4 15 ILCS 405/9.03 from Ch. 15, par. 209.03 5 30 ILCS 105/25 from Ch. 127, par. 161 6 30 ILCS 540/1 from Ch. 127, par. 132.401 7 30 ILCS 540/3-2 8 30 ILCS 540/3-3 from Ch. 127, par. 132.403-3 9 30 ILCS 540/3-4 10 30 ILCS 540/3-5 11 30 ILCS 540/3-6 12 30 ILCS 540/5 from Ch. 127, par. 132.405 13 30 ILCS 540/7 from Ch. 127, par. 132.407 14 30 ILCS 708/15 15 30 ILCS 708/25 16 30 ILCS 708/30 17 30 ILCS 708/50 18 30 ILCS 708/65 19 30 ILCS 708/97 was 30 ILCS 708/520 20 30 ILCS 708/125 21 30 ILCS 708/135 new 22 705 ILCS 505/4 from Ch. 37, par. 439.4 23 705 ILCS 505/6 from Ch. 37, par. 439.6 24 705 ILCS 505/8 from Ch. 37, par. 439.8 25 705 ILCS 505/9 from Ch. 37, par. 439.9 HB5064- 87 -LRB103 37557 MXP 67682 b HB5064 - 87 - LRB103 37557 MXP 67682 b
3044	3044	HB5064- 86 -LRB103 37557 MXP 67682 b HB5064 - 86 - LRB103 37557 MXP 67682 b
3045	3045	HB5064 - 86 - LRB103 37557 MXP 67682 b
3046	3046	1 INDEX
3047	3047	2 Statutes amended in order of appearance
3048	3048	3 15 ILCS 405/9 from Ch. 15, par. 209
3049	3049	4 15 ILCS 405/9.03 from Ch. 15, par. 209.03
3050	3050	5 30 ILCS 105/25 from Ch. 127, par. 161
3051	3051	6 30 ILCS 540/1 from Ch. 127, par. 132.401
3052	3052	7 30 ILCS 540/3-2
3053	3053	8 30 ILCS 540/3-3 from Ch. 127, par. 132.403-3
3054	3054	9 30 ILCS 540/3-4
3055	3055	10 30 ILCS 540/3-5
3056	3056	11 30 ILCS 540/3-6
3057	3057	12 30 ILCS 540/5 from Ch. 127, par. 132.405
3058	3058	13 30 ILCS 540/7 from Ch. 127, par. 132.407
3059	3059	14 30 ILCS 708/15
3060	3060	15 30 ILCS 708/25
3061	3061	16 30 ILCS 708/30
3062	3062	17 30 ILCS 708/50
3063	3063	18 30 ILCS 708/65
3064	3064	19 30 ILCS 708/97 was 30 ILCS 708/520
3065	3065	20 30 ILCS 708/125
3066	3066	21 30 ILCS 708/135 new
3067	3067	22 705 ILCS 505/4 from Ch. 37, par. 439.4
3068	3068	23 705 ILCS 505/6 from Ch. 37, par. 439.6
3069	3069	24 705 ILCS 505/8 from Ch. 37, par. 439.8
3070	3070	25 705 ILCS 505/9 from Ch. 37, par. 439.9
3071	3071	HB5064- 87 -LRB103 37557 MXP 67682 b HB5064 - 87 - LRB103 37557 MXP 67682 b
3072	3072	HB5064 - 87 - LRB103 37557 MXP 67682 b
3073	3073
3074	3074
3075	3075
3076	3076
3077	3077
3078	3078	HB5064 - 85 - LRB103 37557 MXP 67682 b
3079	3079
3080	3080
3081	3081
3082	3082	HB5064- 86 -LRB103 37557 MXP 67682 b HB5064 - 86 - LRB103 37557 MXP 67682 b
3083	3083	HB5064 - 86 - LRB103 37557 MXP 67682 b
3084	3084	1 INDEX
3085	3085	2 Statutes amended in order of appearance
3086	3086	3 15 ILCS 405/9 from Ch. 15, par. 209
3087	3087	4 15 ILCS 405/9.03 from Ch. 15, par. 209.03
3088	3088	5 30 ILCS 105/25 from Ch. 127, par. 161
3089	3089	6 30 ILCS 540/1 from Ch. 127, par. 132.401
3090	3090	7 30 ILCS 540/3-2
3091	3091	8 30 ILCS 540/3-3 from Ch. 127, par. 132.403-3
3092	3092	9 30 ILCS 540/3-4
3093	3093	10 30 ILCS 540/3-5
3094	3094	11 30 ILCS 540/3-6
3095	3095	12 30 ILCS 540/5 from Ch. 127, par. 132.405
3096	3096	13 30 ILCS 540/7 from Ch. 127, par. 132.407
3097	3097	14 30 ILCS 708/15
3098	3098	15 30 ILCS 708/25
3099	3099	16 30 ILCS 708/30
3100	3100	17 30 ILCS 708/50
3101	3101	18 30 ILCS 708/65
3102	3102	19 30 ILCS 708/97 was 30 ILCS 708/520
3103	3103	20 30 ILCS 708/125
3104	3104	21 30 ILCS 708/135 new
3105	3105	22 705 ILCS 505/4 from Ch. 37, par. 439.4
3106	3106	23 705 ILCS 505/6 from Ch. 37, par. 439.6
3107	3107	24 705 ILCS 505/8 from Ch. 37, par. 439.8
3108	3108	25 705 ILCS 505/9 from Ch. 37, par. 439.9
3109	3109
3110	3110
3111	3111
3112	3112
3113	3113
3114	3114	HB5064 - 86 - LRB103 37557 MXP 67682 b
3115	3115
3116	3116
3117	3117	HB5064- 87 -LRB103 37557 MXP 67682 b HB5064 - 87 - LRB103 37557 MXP 67682 b
3118	3118	HB5064 - 87 - LRB103 37557 MXP 67682 b
3119	3119
3120	3120
3121	3121
3122	3122
3123	3123
3124	3124	HB5064 - 87 - LRB103 37557 MXP 67682 b