SB 2172 — PROCUREMENT-RESPONSIBLE BIDDER

SB2172 EngrossedEnrolled LRB097 09019 PJG 49153 b AN ACT concerning finance.

The IllinoisState ProcurementFinance CodeAct is amended by changing Section 30-2225 as follows:

(30 ILCS 500/30-22)105/25) Sec.(from Ch.

30-22.127, par.

Construction161) contracts;Sec.

responsible25. bidder requirements.

ToFiscal beyear consideredlimitations. a responsible bidder on a construction contract for purposes of this Code, a bidder must comply with all of the following requirements and must present satisfactory evidence of that compliance to the appropriate construction agency:

(1)(a) TheAll bidderappropriations mustshall complybe withavailable allfor applicableexpenditure lawsfor concerning the bidder'sfiscal entitlementyear toor conductfor businessa inlesser Illinois.period if the Act making that appropriation so specifies.

(2)A Thedeficiency bidderor mustemergency complyappropriation withshall allbe applicableavailable provisionsfor expenditure only through June 30 of the Prevailingyear Wagewhen Act.the Act making that appropriation is enacted unless that Act otherwise provides.

(3)(b) TheOutstanding bidderliabilities mustas complyof withJune Subchapter30, VIpayable ("Equalfrom Employmentappropriations Opportunities")which ofhave Chapterotherwise 21expired, ofmay Titlebe 42paid out of the Unitedexpiring Statesappropriations Codeduring (42the U.S.C.2-month period ending at the close of business on August 31.

2000eAny andservice following)involving andprofessional withor Federalartistic Executiveskills Orderor No.any personal services by an employee whose compensation is subject to income tax withholding must be performed as of June 30 of the fiscal year in order to be considered an "outstanding liability as of June 30" that is thereby eligible for payment out of the expiring appropriation.

11246SB2172 Enrolled - 2 - LRB097 09019 PJG 49153 b (b-1) However, payment of tuition reimbursement claims under Section 14-7.03 or 18-3 of the School Code may be made by the State Board of Education from its appropriations for those respective purposes for any fiscal year, even though the claims reimbursed by the payment may be claims attributable to a prior fiscal year, and payments may be made at the direction of the State Superintendent of Education from the fund from which the appropriation is made without regard to any fiscal year limitations, except as amendedrequired by Executivesubsection Order(j) No.of this Section.

11375.Beginning on June 30, 2021, payment of tuition reimbursement claims under Section 14-7.03 or 18-3 of the School Code as of June 30, payable from appropriations that have otherwise expired, may be paid out of the expiring appropriation during the 4-month period ending at the close of business on October 31.

(4)(b-2) TheAll bidderoutstanding mustliabilities haveas aof validJune Federal30, Employer2010, SB2172payable Engrossedfrom -appropriations 2that -would LRB097otherwise 09019expire PJGat 49153the bconclusion Identificationof Numberthe or,lapse ifperiod anfor individual,fiscal ayear valid2010, Socialand Securityinterest Number.penalties payable on those liabilities under the State Prompt Payment Act, may be paid out of the expiring appropriations until December 31, 2010, without regard to the fiscal year in which the payment is made, as long as vouchers for the liabilities are received by the Comptroller no later than August 31, 2010.

(5)(b-2.5) TheAll bidderoutstanding mustliabilities haveas aof validJune certificate30, 2011, payable from appropriations that would otherwise expire at the SB2172 Enrolled - 3 - LRB097 09019 PJG 49153 b conclusion of insurancethe showinglapse period for fiscal year 2011, and interest penalties payable on those liabilities under the followingState coverages:Prompt Payment Act, may be paid out of the expiring appropriations until December 31, 2011, without regard to the fiscal year in which the payment is made, as long as vouchers for the liabilities are received by the Comptroller no later than August 31, 2011.

general(b-3) liability,Medical professionalpayments liability,may productbe liability,made workers'by compensation,the completedDepartment operations,of hazardousVeterans' occupation,Affairs andfrom automobile.its appropriations for those purposes for any fiscal year, without regard to the fact that the medical services being compensated for by such payment may have been rendered in a prior fiscal year, except as required by subsection (j) of this Section.

(6)Beginning Theon bidderJune and30, all2021, bidder'smedical subcontractorspayments mustpayable participatefrom inappropriations applicablethat apprenticeshiphave andotherwise trainingexpired programsmay approvedbe bypaid andout registeredof withthe expiring appropriation during the United4-month Statesperiod Departmentending ofat Labor'sthe Bureauclose of Apprenticeshipbusiness andon Training.October 31.

(7)(b-4) ForMedical contractspayments withmay be made by the IllinoisDepartment Powerof Agency,Healthcare and Family Services and medical payments and child care payments may be made by the DirectorDepartment of Human Services (as successor to the IllinoisDepartment Powerof AgencyPublic mayAid) establishfrom additionalappropriations requirementsfor those purposes for responsibleany bidders.fiscal year, without regard to the fact that the medical or child care services being compensated for by such payment may have been rendered in a prior fiscal year;

Theseand additionalpayments requirements,may ifbe established,made shallat bethe setdirection forthof togetherthe withDepartment theof otherHealthcare criteriaand containedFamily inServices from the invitationSB2172 forEnrolled bids,- and4 shall- appearLRB097 in09019 thePJG appropriate49153 volumeb ofHealth Insurance Reserve Fund and the IllinoisLocal ProcurementGovernment Bulletin.Health Insurance Reserve Fund without regard to any fiscal year limitations, except as required by subsection (j) of this Section.

(8)Beginning Theon bidderJune must30, submit2021, amedical signedpayments affidavitmade statingby thatthe Department of Healthcare and Family Services, child care payments made by the bidderDepartment willof maintainHuman anServices, Illinoisand officepayments asmade at the primarydiscretion placeof the Department of employmentHealthcare forand personsFamily employedServices infrom the constructionHealth authorizedInsurance byReserve Fund and the contract.Local Government Health Insurance Reserve Fund payable from appropriations that have otherwise expired may be paid out of the expiring appropriation during the 4-month period ending at the close of business on October 31.

The(b-5) provisionsMedical payments may be made by the Department of thisHuman SectionServices shallfrom notits applyappropriations relating to federallysubstance fundedabuse constructiontreatment projectsservices iffor suchany applicationfiscal wouldyear, jeopardizewithout regard to the receiptfact orthat usethe ofmedical federalservices fundsbeing compensated for by such payment may have been rendered in supporta prior fiscal year, provided the payments are made on a fee-for-service basis consistent with requirements established for Medicaid reimbursement by the Department of SB2172Healthcare Engrossedand -Family 3Services, -except LRB097as 09019required PJGby 49153subsection b(j) suchof athis project.Section.

Beginning on June 30, 2021, medical payments made by the Department of Human Services relating to substance abuse treatment services payable from appropriations that have otherwise expired may be paid out of the expiring appropriation during the 4-month period ending at the close of business on SB2172 Enrolled - 5 - LRB097 09019 PJG 49153 b October 31.

(b-6) Additionally, payments may be made by the Department of Human Services from its appropriations, or any other State agency from its appropriations with the approval of the Department of Human Services, from the Immigration Reform and Control Fund for purposes authorized pursuant to the Immigration Reform and Control Act of 1986, without regard to any fiscal year limitations, except as required by subsection (j) of this Section.

Beginning on June 30, 2021, payments made by the Department of Human Services from the Immigration Reform and Control Fund for purposes authorized pursuant to the Immigration Reform and Control Act of 1986 payable from appropriations that have otherwise expired may be paid out of the expiring appropriation during the 4-month period ending at the close of business on October 31.

(b-7) Payments may be made in accordance with a plan authorized by paragraph (11) or (12) of Section 405-105 of the Department of Central Management Services Law from appropriations for those payments without regard to fiscal year limitations.

(c) Further, payments may be made by the Department of Public Health, the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act), and the Department of Healthcare and Family Services from their respective appropriations for grants for medical care to or on behalf of SB2172 Enrolled - 6 - LRB097 09019 PJG 49153 b persons suffering from chronic renal disease, persons suffering from hemophilia, rape victims, and premature and high-mortality risk infants and their mothers and for grants for supplemental food supplies provided under the United States Department of Agriculture Women, Infants and Children Nutrition Program, for any fiscal year without regard to the fact that the services being compensated for by such payment may have been rendered in a prior fiscal year, except as required by subsection (j) of this Section.

Beginning on June 30, 2021, payments made by the Department of Public Health, the Department of Human Services, and the Department of Healthcare and Family Services from their respective appropriations for grants for medical care to or on behalf of persons suffering from chronic renal disease, persons suffering from hemophilia, rape victims, and premature and high-mortality risk infants and their mothers and for grants for supplemental food supplies provided under the United States Department of Agriculture Women, Infants and Children Nutrition Program payable from appropriations that have otherwise expired may be paid out of the expiring appropriations during the 4-month period ending at the close of business on October 31.

(d) The Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority SB2172 Enrolled - 7 - LRB097 09019 PJG 49153 b Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services provided in any prior fiscal year.

This report shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years.

(e) The Department of Healthcare and Family Services, the Department of Human Services (acting as successor to the Department of Public Aid), and the Department of Human Services making fee-for-service payments relating to substance abuse treatment services provided during a previous fiscal year shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before November 30, a report that shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for (i) services provided in prior fiscal years and (ii) services for which claims were received in prior fiscal years.

(f) The Department of Human Services (as successor to the Department of Public Aid) shall annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations SB2172 Enrolled - 8 - LRB097 09019 PJG 49153 b Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services (other than medical care) provided in any prior fiscal year.

This report shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years.

(g) In addition, each annual report required to be submitted by the Department of Healthcare and Family Services under subsection (e) shall include the following information with respect to the State's Medicaid program:

(1) Explanations of the exact causes of the variance between the previous year's estimated and actual liabilities.

(2) Factors affecting the Department of Healthcare and Family Services' liabilities, including but not limited to numbers of aid recipients, levels of medical service utilization by aid recipients, and inflation in the cost of medical services.

(3) The results of the Department's efforts to combat fraud and abuse.

(h) As provided in Section 4 of the General Assembly Compensation Act, any utility bill for service provided to a General Assembly member's district office for a period including portions of 2 consecutive fiscal years may be paid from funds appropriated for such expenditure in either fiscal year.

SB2172 Enrolled - 9 - LRB097 09019 PJG 49153 b (i) An agency which administers a fund classified by the Comptroller as an internal service fund may issue rules for:

(1) billing user agencies in advance for payments or authorized inter-fund transfers based on estimated charges for goods or services;

(2) issuing credits, refunding through inter-fund transfers, or reducing future inter-fund transfers during the subsequent fiscal year for all user agency payments or authorized inter-fund transfers received during the prior fiscal year which were in excess of the final amounts owed by the user agency for that period;