2005 Illinois Code - Chapter 30 Finance 30 ILCS 540/      State Prompt Payment Act.

    (30 ILCS 540/0.01) (from Ch. 127, par. 132.400)
    Sec. 0.01. Short title. This Act may be cited as the State Prompt Payment Act.
(Source: P.A. 86‑1324.)

    (30 ILCS 540/1) (from Ch. 127, par. 132.401)
    Sec. 1. This Act applies to any State official or agency authorized to provide for payment from State funds, by virtue of any appropriation of the General Assembly, for goods or services furnished to the State.
    For purposes of this Act, "goods or services furnished to the State" include but are not limited to covered health care provided to eligible members and their covered dependents in accordance with the State Employees Group Insurance Act of 1971, including coverage through a physician‑owned health maintenance organization under Section 6.1 of that Act.
    For the purposes of this Act, "appropriate State official or agency" is defined as the Director or Chief Executive or his designee of that State agency or department or facility of such agency or department. With respect to covered health care provided to eligible members and their dependents in accordance with the State Employees Group Insurance Act of 1971, "appropriate State official or agency" also includes an administrator of a program of health benefits under that Act.
    As used in this Act, "eligible member" means a member who is eligible for health benefits under the State Employees Group Insurance Act of 1971, and "member" and "dependent" have the meanings ascribed to those terms in that Act.
    As used in this Act, "a proper bill or invoice" means a bill or invoice that includes the information necessary for processing the payment as may be specified by a State agency and in rules adopted in accordance with this Act.
(Source: P.A. 91‑266, eff. 7‑23‑99; 92‑384, eff. 7‑1‑02.)

    (30 ILCS 540/2) (from Ch. 127, par. 132.402)
    Sec. 2. (Repealed).
(Source: Repealed by P.A. 87‑1232.)

    (30 ILCS 540/2.1) (from Ch. 127, par. 132.402.1)
    Sec. 2.1. (Repealed).
(Source: Repealed by P.A. 87‑1232.)

    (30 ILCS 540/3) (from Ch. 127, par. 132.403)
    Sec. 3. (Repealed).
(Source: Repealed by P.A. 87‑1232.)

    (30 ILCS 540/3‑1) (from Ch. 127, par. 132.403‑1)
    Sec. 3‑1. The Illinois Court of Claims shall, in its investigation of payments due claimants, provide for interest penalties as prescribed in this Act.
(Source: P.A. 87‑773; 87‑1232.)

    (30 ILCS 540/3‑2) (from Ch. 127, par. 132.403‑2)
    Sec. 3‑2. Beginning July 1, 1993, in any instance where a State official or agency is late in payment of a vendor's bill or invoice for goods or services furnished to the State, as defined in Section 1, properly approved in accordance with rules promulgated under Section 3‑3, the State official or agency shall pay interest to the vendor in accordance with the following:
        (1) Any bill approved for payment under this Section
    
must be paid or the payment issued to the payee within 60 days of receipt of a proper bill or invoice. If payment is not issued to the payee within this 60 day period, an interest penalty of 1.0% of any amount approved and unpaid shall be added for each month or fraction thereof after the end of this 60 day period, until final payment is made.
        (1.1) A State agency shall review in a timely manner
    
each bill or invoice after its receipt. If the State agency determines that the bill or invoice contains a defect making it unable to process the payment request, the agency shall notify the vendor requesting payment as soon as possible after discovering the defect pursuant to rules promulgated under Section 3‑3. The notice shall identify the defect and any additional information necessary to correct the defect.
        (2) Where a State official or agency is late in
    
payment of a vendor's bill or invoice properly approved in accordance with this Act, and different late payment terms are not reduced to writing as a contractual agreement, the State official or agency shall automatically pay interest penalties required by this Section amounting to $50 or more to the appropriate vendor. Each agency shall be responsible for determining whether an interest penalty is owed and for paying the interest to the vendor. For interest of at least $5 but less than $50, the vendor must initiate a written request for the interest penalty when such interest is due and payable. The Department of Central Management Services and the State Comptroller shall jointly promulgate rules establishing the conditions under which interest of less than $5 may be claimed and paid. In the event an individual has paid a vendor for services in advance, the provisions of this Section shall apply until payment is made to that individual.
(Source: P.A. 92‑384, eff. 7‑1‑02.)

    (30 ILCS 540/3‑3) (from Ch. 127, par. 132.403‑3)
    Sec. 3‑3. The State Comptroller and the Department of Central Management Services shall jointly promulgate rules and policies to govern the uniform application of this Act. These rules and policies shall include procedures and time frames for approving a bill or invoice from a vendor for goods or services furnished to the State. These rules and policies shall provide for procedures and time frames applicable to payment plans as may be agreed upon between State agencies and vendors. These rules and policies shall be binding on all officials and agencies under this Act's jurisdiction. These rules and policies may be made effective no earlier than July 1, 1993.
(Source: P.A. 92‑384, eff. 7‑1‑02.)

    (30 ILCS 540/3‑4)
    Sec. 3‑4. The State Comptroller must specify the manner in which State agencies shall record interest penalty payments made under this Act. The State Comptroller may require vouchers submitted for payment, including submission by electronic or other means approved by the Comptroller, to indicate the appropriate date from which interest penalties may be calculated as required under this Act.
(Source: P.A. 92‑384, eff. 7‑1‑02.)

    (30 ILCS 540/4) (from Ch. 127, par. 132.404)
    Sec. 4. Nothing in this Act shall be construed to deprive the Comptroller of his power to examine vouchers as specified in the State Comptroller Act.
(Source: P.A. 92‑384, eff. 7‑1‑02.)

    (30 ILCS 540/5) (from Ch. 127, par. 132.405)
    Sec. 5. The State remittance shall indicate that payment of interest may be available for failure to comply with this Act.
(Source: P.A. 92‑384, eff. 7‑1‑02.)

    (30 ILCS 540/6) (from Ch. 127, par. 132.406)
    Sec. 6. A State official or agency may not request any vendor or contractor to waive his rights, under this Act, to recover a penalty for late payment as a condition of, or inducement to enter into, any contract for goods or services.
(Source: P.A. 87‑773.)

    (30 ILCS 540/7) (from Ch. 127, par. 132.407)
    Sec. 7. Payments to subcontractors and material suppliers.
    (a) When a State official or agency responsible for administering a contract submits a voucher to the Comptroller for payment to a contractor, that State official or agency shall promptly make available electronically the voucher number, the date of the voucher, and the amount of the voucher. The State official or agency responsible for administering the contract shall provide subcontractors and material suppliers, known to the State official or agency, with instructions on how to access the electronic information. When a contractor receives any payment, the contractor shall pay each subcontractor and material supplier in proportion to the work completed by each subcontractor and material supplier their application less any retention. If the contractor receives less than the full payment due under the public construction contract, the contractor shall be obligated to disburse on a pro rata basis those funds received, with the contractor, subcontractors and material suppliers each receiving a prorated portion based on the amount of payment. When, however, the public owner does not release the full payment due under the contract because there are specific areas of work or materials the contractor is rejecting or because the contractor has otherwise determined such areas are not suitable for payment, then those specific subcontractors or suppliers involved shall not be paid for that portion of work rejected or deemed not suitable for payment and all other subcontractors and suppliers shall be paid in full.
    (b) If the contractor, without reasonable cause, fails to make full payment of amounts due under subsection (a) to his subcontractors and material suppliers within 15 days after receipt of payment under the public construction contract, the contractor shall pay to his subcontractors and material suppliers, in addition to the payment due them, interest in the amount of 2% per month, calculated from the expiration of the 15‑day period until fully paid. This subsection shall also apply to any payments made by subcontractors and material suppliers to their subcontractors and material suppliers and to all payments made to lower tier subcontractors and material suppliers throughout the contracting chain.
        (1) If a contractor, without reasonable cause, fails
    
to make payment in full as provided in subsection (a) within 15 days after receipt of payment under the public construction contract, any subcontractor or material supplier to whom payments are owed may file a written notice with the State official or agency setting forth the amount owed by the contractor and the contractor's failure to timely pay the amount owed.
        (2) The State official or agency, within 15 days
    
after receipt of a subcontractor's or material supplier's written notice of the failure to receive payment from the contractor, shall hold a hearing convened by an administrative law judge to determine whether the contractor withheld payment, without reasonable cause, from the subcontractors and material suppliers and what amount, if any, is due to the subcontractors and material suppliers. The State official or agency shall provide appropriate notice to the parties of the date, time, and location of the hearing. Each contractor, subcontractor, and material supplier has the right to be represented by counsel at the hearing and to cross‑examine witnesses and challenge documents.
        (3) If there is a finding by the administrative law
    
judge that the contractor failed to make payment in full, without reasonable cause, as provided in subsection (a), then the administrative law judge shall, in writing, direct the contractor to pay the amount owed to the subcontractors and material suppliers plus interest within 15 days after the finding.
        (4) If a contractor fails to make full payment within
    
15 days after the administrative law judge's finding, then the contractor shall be barred from entering into a State public construction contract for a period of one year beginning on the date of the administrative law judge's finding.
(Source: P.A. 94‑672, eff. 1‑1‑06.)

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