Bill Text: IL SB0349 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Illinois Unemployment Insurance Trust Fund Financing Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0349 Detail]
Download: Illinois-2011-SB0349-Amended.html
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1 | AMENDMENT TO SENATE BILL 349
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2 | AMENDMENT NO. ______. Amend Senate Bill 349 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 13.2 as follows:
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6 | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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7 | Sec. 13.2. Transfers among line item appropriations. | ||||||
8 | (a) Transfers among line item appropriations from the same
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9 | treasury fund for the objects specified in this Section may be | ||||||
10 | made in
the manner provided in this Section when the balance | ||||||
11 | remaining in one or
more such line item appropriations is | ||||||
12 | insufficient for the purpose for
which the appropriation was | ||||||
13 | made. | ||||||
14 | (a-1) No transfers may be made from one
agency to another | ||||||
15 | agency, nor may transfers be made from one institution
of | ||||||
16 | higher education to another institution of higher education |
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1 | except as provided by subsection (a-4).
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2 | (a-2) Except as otherwise provided in this Section, | ||||||
3 | transfers may be made only among the objects of expenditure | ||||||
4 | enumerated
in this Section, except that no funds may be | ||||||
5 | transferred from any
appropriation for personal services, from | ||||||
6 | any appropriation for State
contributions to the State | ||||||
7 | Employees' Retirement System, from any
separate appropriation | ||||||
8 | for employee retirement contributions paid by the
employer, nor | ||||||
9 | from any appropriation for State contribution for
employee | ||||||
10 | group insurance. During State fiscal year 2005, an agency may | ||||||
11 | transfer amounts among its appropriations within the same | ||||||
12 | treasury fund for personal services, employee retirement | ||||||
13 | contributions paid by employer, and State Contributions to | ||||||
14 | retirement systems; notwithstanding and in addition to the | ||||||
15 | transfers authorized in subsection (c) of this Section, the | ||||||
16 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
17 | made in an amount not to exceed 2% of the aggregate amount | ||||||
18 | appropriated to an agency within the same treasury fund. During | ||||||
19 | State fiscal year 2007, the Departments of Children and Family | ||||||
20 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
21 | may transfer amounts among their respective appropriations | ||||||
22 | within the same treasury fund for personal services, employee | ||||||
23 | retirement contributions paid by employer, and State | ||||||
24 | contributions to retirement systems. During State fiscal year | ||||||
25 | 2010, the Department of Transportation may transfer amounts | ||||||
26 | among their respective appropriations within the same treasury |
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1 | fund for personal services, employee retirement contributions | ||||||
2 | paid by employer, and State contributions to retirement | ||||||
3 | systems. During State fiscal year 2010 only, an agency may | ||||||
4 | transfer amounts among its respective appropriations within | ||||||
5 | the same treasury fund for personal services, employee | ||||||
6 | retirement contributions paid by employer, and State | ||||||
7 | contributions to retirement systems. Notwithstanding, and in | ||||||
8 | addition to, the transfers authorized in subsection (c) of this | ||||||
9 | Section, these transfers may be made in an amount not to exceed | ||||||
10 | 2% of the aggregate amount appropriated to an agency within the | ||||||
11 | same treasury fund.
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12 | (a-3) Further, if an agency receives a separate
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13 | appropriation for employee retirement contributions paid by | ||||||
14 | the employer,
any transfer by that agency into an appropriation | ||||||
15 | for personal services
must be accompanied by a corresponding | ||||||
16 | transfer into the appropriation for
employee retirement | ||||||
17 | contributions paid by the employer, in an amount
sufficient to | ||||||
18 | meet the employer share of the employee contributions
required | ||||||
19 | to be remitted to the retirement system. | ||||||
20 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
21 | designate amounts set aside for institutional services | ||||||
22 | appropriated from the General Revenue Fund or any other State | ||||||
23 | fund that receives monies for long-term care services to be | ||||||
24 | transferred to all State agencies responsible for the | ||||||
25 | administration of community-based long-term care programs, | ||||||
26 | including, but not limited to, community-based long-term care |
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1 | programs administered by the Department of Healthcare and | ||||||
2 | Family Services, the Department of Human Services, and the | ||||||
3 | Department on Aging, provided that the Director of Healthcare | ||||||
4 | and Family Services first certifies that the amounts being | ||||||
5 | transferred are necessary for the purpose of assisting persons | ||||||
6 | in or at risk of being in institutional care to transition to | ||||||
7 | community-based settings, including the financial data needed | ||||||
8 | to prove the need for the transfer of funds. The total amounts | ||||||
9 | transferred shall not exceed 4% in total of the amounts | ||||||
10 | appropriated from the General Revenue Fund or any other State | ||||||
11 | fund that receives monies for long-term care services for each | ||||||
12 | fiscal year. A notice of the fund transfer must be made to the | ||||||
13 | General Assembly and posted at a minimum on the Department of | ||||||
14 | Healthcare and Family Services website, the Governor's Office | ||||||
15 | of Management and Budget website, and any other website the | ||||||
16 | Governor sees fit. These postings shall serve as notice to the | ||||||
17 | General Assembly of the amounts to be transferred. Notice shall | ||||||
18 | be given at least 30 days prior to transfer. | ||||||
19 | (b) In addition to the general transfer authority provided | ||||||
20 | under
subsection (c), the following agencies have the specific | ||||||
21 | transfer authority
granted in this subsection: | ||||||
22 | The Department of Healthcare and Family Services is | ||||||
23 | authorized to make transfers
representing savings attributable | ||||||
24 | to not increasing grants due to the
births of additional | ||||||
25 | children from line items for payments of cash grants to
line | ||||||
26 | items for payments for employment and social services for the |
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1 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
2 | Illinois Public Aid Code. | ||||||
3 | The Department of Children and Family Services is | ||||||
4 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
5 | amount appropriated to it within
the same treasury fund for the | ||||||
6 | following line items among these same line
items: Foster Home | ||||||
7 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
8 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
9 | Guardianship
Services. | ||||||
10 | The Department on Aging is authorized to make transfers not
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11 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
12 | the same
treasury fund for the following Community Care Program | ||||||
13 | line items among these
same line items: Homemaker and Senior | ||||||
14 | Companion Services, Alternative Senior Services, Case | ||||||
15 | Coordination
Units, and Adult Day Care Services. | ||||||
16 | The State Treasurer is authorized to make transfers among | ||||||
17 | line item
appropriations
from the Capital Litigation Trust | ||||||
18 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
19 | 2003 only, when the balance remaining in one or
more such
line | ||||||
20 | item appropriations is insufficient for the purpose for which | ||||||
21 | the
appropriation was
made, provided that no such transfer may | ||||||
22 | be made unless the amount transferred
is no
longer required for | ||||||
23 | the purpose for which that appropriation was made. | ||||||
24 | The State Board of Education is authorized to make | ||||||
25 | transfers from line item appropriations within the same | ||||||
26 | treasury fund for General State Aid and General State Aid - |
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1 | Hold Harmless, provided that no such transfer may be made | ||||||
2 | unless the amount transferred is no longer required for the | ||||||
3 | purpose for which that appropriation was made, to the line item | ||||||
4 | appropriation for Transitional Assistance when the balance | ||||||
5 | remaining in such line item appropriation is insufficient for | ||||||
6 | the purpose for which the appropriation was made. | ||||||
7 | The State Board of Education is authorized to make | ||||||
8 | transfers between the following line item appropriations | ||||||
9 | within the same treasury fund: Disabled Student | ||||||
10 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
11 | Disabled Student Transportation Reimbursement (Section | ||||||
12 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
13 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
14 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
15 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
16 | Summer School Payments (Section 18-4.3 of the School Code), and | ||||||
17 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
18 | 29-5 of the School Code). Such transfers shall be made only | ||||||
19 | when the balance remaining in one or more such line item | ||||||
20 | appropriations is insufficient for the purpose for which the | ||||||
21 | appropriation was made and provided that no such transfer may | ||||||
22 | be made unless the amount transferred is no longer required for | ||||||
23 | the purpose for which that appropriation was made. | ||||||
24 | During State fiscal years 2010 , and 2011 , and 2012 only, | ||||||
25 | the Department of Healthcare and Family Services is authorized | ||||||
26 | to make transfers not exceeding 4% of the aggregate amount |
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1 | appropriated to it, within the same treasury fund, among the | ||||||
2 | various line items appropriated for Medical Assistance. | ||||||
3 | (c) The sum of such transfers for an agency in a fiscal | ||||||
4 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
5 | to it within the same treasury
fund for the following objects: | ||||||
6 | Personal Services; Extra Help; Student and
Inmate | ||||||
7 | Compensation; State Contributions to Retirement Systems; State
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8 | Contributions to Social Security; State Contribution for | ||||||
9 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
10 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
11 | Operation of Automotive Equipment;
Telecommunications | ||||||
12 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
13 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
14 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
15 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
16 | to institutions of higher education,
Awards and Grants. | ||||||
17 | Notwithstanding the above, any amounts appropriated for
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18 | payment of workers' compensation claims to an agency to which | ||||||
19 | the authority
to evaluate, administer and pay such claims has | ||||||
20 | been delegated by the
Department of Central Management Services | ||||||
21 | may be transferred to any other
expenditure object where such | ||||||
22 | amounts exceed the amount necessary for the
payment of such | ||||||
23 | claims. | ||||||
24 | (c-1) Special provisions for State fiscal year 2003. | ||||||
25 | Notwithstanding any
other provision of this Section to the | ||||||
26 | contrary, for State fiscal year 2003
only, transfers among line |
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1 | item appropriations to an agency from the same
treasury fund | ||||||
2 | may be made provided that the sum of such transfers for an | ||||||
3 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
4 | aggregate amount
appropriated to that State agency for State | ||||||
5 | fiscal year 2003 for the following
objects: personal services, | ||||||
6 | except that no transfer may be approved which
reduces the | ||||||
7 | aggregate appropriations for personal services within an | ||||||
8 | agency;
extra help; student and inmate compensation; State
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9 | contributions to retirement systems; State contributions to | ||||||
10 | social security;
State contributions for employee group | ||||||
11 | insurance; contractual services; travel;
commodities; | ||||||
12 | printing; equipment; electronic data processing; operation of
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13 | automotive equipment; telecommunications services; travel and | ||||||
14 | allowance for
committed, paroled, and discharged prisoners; | ||||||
15 | library books; federal matching
grants for student loans; | ||||||
16 | refunds; workers' compensation, occupational disease,
and tort | ||||||
17 | claims; and, in appropriations to institutions of higher | ||||||
18 | education,
awards and grants. | ||||||
19 | (c-2) Special provisions for State fiscal year 2005. | ||||||
20 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
21 | fiscal year 2005 only, transfers may be made among any line | ||||||
22 | item appropriations from the same or any other treasury fund | ||||||
23 | for any objects or purposes, without limitation, when the | ||||||
24 | balance remaining in one or more such line item appropriations | ||||||
25 | is insufficient for the purpose for which the appropriation was | ||||||
26 | made, provided that the sum of those transfers by a State |
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1 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
2 | to that State agency for fiscal year 2005.
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3 | (d) Transfers among appropriations made to agencies of the | ||||||
4 | Legislative
and Judicial departments and to the | ||||||
5 | constitutionally elected officers in the
Executive branch | ||||||
6 | require the approval of the officer authorized in Section 10
of | ||||||
7 | this Act to approve and certify vouchers. Transfers among | ||||||
8 | appropriations
made to the University of Illinois, Southern | ||||||
9 | Illinois University, Chicago State
University, Eastern | ||||||
10 | Illinois University, Governors State University, Illinois
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11 | State University, Northeastern Illinois University, Northern | ||||||
12 | Illinois
University, Western Illinois University, the Illinois | ||||||
13 | Mathematics and Science
Academy and the Board of Higher | ||||||
14 | Education require the approval of the Board of
Higher Education | ||||||
15 | and the Governor. Transfers among appropriations to all other
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16 | agencies require the approval of the Governor. | ||||||
17 | The officer responsible for approval shall certify that the
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18 | transfer is necessary to carry out the programs and purposes | ||||||
19 | for which
the appropriations were made by the General Assembly | ||||||
20 | and shall transmit
to the State Comptroller a certified copy of | ||||||
21 | the approval which shall
set forth the specific amounts | ||||||
22 | transferred so that the Comptroller may
change his records | ||||||
23 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
24 | information copies of all transfers approved for agencies
of | ||||||
25 | the Legislative and Judicial departments and transfers | ||||||
26 | approved by
the constitutionally elected officials of the |
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1 | Executive branch other
than the Governor, showing the amounts | ||||||
2 | transferred and indicating the
dates such changes were entered | ||||||
3 | on the Comptroller's records. | ||||||
4 | (e) The State Board of Education, in consultation with the | ||||||
5 | State Comptroller, may transfer line item appropriations for | ||||||
6 | General State Aid between the Common School Fund and the | ||||||
7 | Education Assistance Fund. With the advice and consent of the | ||||||
8 | Governor's Office of Management and Budget, the State Board of | ||||||
9 | Education, in consultation with the State Comptroller, may | ||||||
10 | transfer line item appropriations between the General Revenue | ||||||
11 | Fund and the Education Assistance Fund for the following | ||||||
12 | programs: | ||||||
13 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
14 | 14-13.01 of the School Code); | ||||||
15 | (2) Disabled Student Transportation Reimbursement | ||||||
16 | (subsection (b) of Section 14-13.01 of the School Code); | ||||||
17 | (3) Disabled Student Tuition - Private Tuition | ||||||
18 | (Section 14-7.02 of the School Code); | ||||||
19 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
20 | of the School Code); | ||||||
21 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
22 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
23 | School Code); | ||||||
24 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
25 | (Section 29-5 of the School Code); | ||||||
26 | (8) Regular Education Reimbursement (Section 18-3 of |
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1 | the School Code); and | ||||||
2 | (9) Special Education Reimbursement (Section 14-7.03 | ||||||
3 | of the School Code). | ||||||
4 | (Source: P.A. 95-707, eff. 1-11-08; 96-37, eff. 7-13-09; | ||||||
5 | 96-820, eff. 11-18-09; 96-959, eff. 7-1-10; 96-1086, eff. | ||||||
6 | 7-16-10; 96-1501, eff. 1-25-11.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
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