99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2937

Introduced 2/18/2016, by Sen. Pamela J. Althoff

SYNOPSIS AS INTRODUCED:
30 ILCS 105/13.2 from Ch. 127, par. 149.2

Amends the State Finance Act. Provides that any agency receiving less than $10,000,000 in any fiscal year in funding from the General Revenue Fund for operations may transfer amounts among its respective appropriations contained in operational line items within the same treasury fund. Provides that the transfers may be made in an amount not to exceed 4% of the aggregate amount appropriated to the agency within the same treasury fund. Defines "agency". Effective immediately.
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A BILL FOR

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1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The State Finance Act is amended by changing
5Section 13.2 as follows:
6 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
7 Sec. 13.2. Transfers among line item appropriations.
8 (a) Transfers among line item appropriations from the same
9treasury fund for the objects specified in this Section may be
10made in the manner provided in this Section when the balance
11remaining in one or more such line item appropriations is
12insufficient for the purpose for which the appropriation was
13made.
14 (a-1) No transfers may be made from one agency to another
15agency, nor may transfers be made from one institution of
16higher education to another institution of higher education
17except as provided by subsection (a-4).
18 (a-2) Except as otherwise provided in this Section,
19transfers may be made only among the objects of expenditure
20enumerated in this Section, except that no funds may be
21transferred from any appropriation for personal services, from
22any appropriation for State contributions to the State
23Employees' Retirement System, from any separate appropriation

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1for employee retirement contributions paid by the employer, nor
2from any appropriation for State contribution for employee
3group insurance. During State fiscal year 2005, an agency may
4transfer amounts among its appropriations within the same
5treasury fund for personal services, employee retirement
6contributions paid by employer, and State Contributions to
7retirement systems; notwithstanding and in addition to the
8transfers authorized in subsection (c) of this Section, the
9fiscal year 2005 transfers authorized in this sentence may be
10made in an amount not to exceed 2% of the aggregate amount
11appropriated to an agency within the same treasury fund. During
12State fiscal year 2007, the Departments of Children and Family
13Services, Corrections, Human Services, and Juvenile Justice
14may transfer amounts among their respective appropriations
15within the same treasury fund for personal services, employee
16retirement contributions paid by employer, and State
17contributions to retirement systems. During State fiscal year
182010, the Department of Transportation may transfer amounts
19among their respective appropriations within the same treasury
20fund for personal services, employee retirement contributions
21paid by employer, and State contributions to retirement
22systems. During State fiscal years 2010 and 2014 only, an
23agency may transfer amounts among its respective
24appropriations within the same treasury fund for personal
25services, employee retirement contributions paid by employer,
26and State contributions to retirement systems.

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1Notwithstanding, and in addition to, the transfers authorized
2in subsection (c) of this Section, these transfers may be made
3in an amount not to exceed 2% of the aggregate amount
4appropriated to an agency within the same treasury fund.
5 (a-2.5) During State fiscal year 2015 only, the State's
6Attorneys Appellate Prosecutor may transfer amounts among its
7respective appropriations contained in operational line items
8within the same treasury fund. Notwithstanding, and in addition
9to, the transfers authorized in subsection (c) of this Section,
10these transfers may be made in an amount not to exceed 4% of
11the aggregate amount appropriated to the State's Attorneys
12Appellate Prosecutor within the same treasury fund.
13 (a-2.7) Any agency receiving less than $10,000,000 in any
14fiscal year in funding from the General Revenue Fund for
15operations may transfer amounts among its respective
16appropriations contained in operational line items within the
17same treasury fund. Notwithstanding, and in addition to, the
18transfers authorized in subsection (c) of this Section, these
19transfers may be made in an amount not to exceed 4% of the
20aggregate amount appropriated to the agency within the same
21treasury fund.
22 For the purposes of this subsection (a-2.7), "agency" means
23all officers, boards, commissions and agencies created by the
24Constitution, whether in the executive, legislative or
25judicial branch, but other than the circuit court; all
26officers, departments, boards, commissions, agencies,

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1institutions, authorities, universities, bodies politic and
2corporate of the State; and administrative units or corporate
3outgrowths of the State government which are created by or
4pursuant to statute, other than units of local government and
5their officers, school districts and boards of election
6commissioners; all administrative units and corporate
7outgrowths of the above and as may be created by executive
8order of the Governor.
9 (a-3) Further, if an agency receives a separate
10appropriation for employee retirement contributions paid by
11the employer, any transfer by that agency into an appropriation
12for personal services must be accompanied by a corresponding
13transfer into the appropriation for employee retirement
14contributions paid by the employer, in an amount sufficient to
15meet the employer share of the employee contributions required
16to be remitted to the retirement system.
17 (a-4) Long-Term Care Rebalancing. The Governor may
18designate amounts set aside for institutional services
19appropriated from the General Revenue Fund or any other State
20fund that receives monies for long-term care services to be
21transferred to all State agencies responsible for the
22administration of community-based long-term care programs,
23including, but not limited to, community-based long-term care
24programs administered by the Department of Healthcare and
25Family Services, the Department of Human Services, and the
26Department on Aging, provided that the Director of Healthcare

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1and Family Services first certifies that the amounts being
2transferred are necessary for the purpose of assisting persons
3in or at risk of being in institutional care to transition to
4community-based settings, including the financial data needed
5to prove the need for the transfer of funds. The total amounts
6transferred shall not exceed 4% in total of the amounts
7appropriated from the General Revenue Fund or any other State
8fund that receives monies for long-term care services for each
9fiscal year. A notice of the fund transfer must be made to the
10General Assembly and posted at a minimum on the Department of
11Healthcare and Family Services website, the Governor's Office
12of Management and Budget website, and any other website the
13Governor sees fit. These postings shall serve as notice to the
14General Assembly of the amounts to be transferred. Notice shall
15be given at least 30 days prior to transfer.
16 (b) In addition to the general transfer authority provided
17under subsection (c), the following agencies have the specific
18transfer authority granted in this subsection:
19 The Department of Healthcare and Family Services is
20authorized to make transfers representing savings attributable
21to not increasing grants due to the births of additional
22children from line items for payments of cash grants to line
23items for payments for employment and social services for the
24purposes outlined in subsection (f) of Section 4-2 of the
25Illinois Public Aid Code.
26 The Department of Children and Family Services is

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1authorized to make transfers not exceeding 2% of the aggregate
2amount appropriated to it within the same treasury fund for the
3following line items among these same line items: Foster Home
4and Specialized Foster Care and Prevention, Institutions and
5Group Homes and Prevention, and Purchase of Adoption and
6Guardianship Services.
7 The Department on Aging is authorized to make transfers not
8exceeding 2% of the aggregate amount appropriated to it within
9the same treasury fund for the following Community Care Program
10line items among these same line items: purchase of services
11covered by the Community Care Program and Comprehensive Case
12Coordination.
13 The State Treasurer is authorized to make transfers among
14line item appropriations from the Capital Litigation Trust
15Fund, with respect to costs incurred in fiscal years 2002 and
162003 only, when the balance remaining in one or more such line
17item appropriations is insufficient for the purpose for which
18the appropriation was made, provided that no such transfer may
19be made unless the amount transferred is no longer required for
20the purpose for which that appropriation was made.
21 The State Board of Education is authorized to make
22transfers from line item appropriations within the same
23treasury fund for General State Aid and General State Aid -
24Hold Harmless, provided that no such transfer may be made
25unless the amount transferred is no longer required for the
26purpose for which that appropriation was made, to the line item

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1appropriation for Transitional Assistance when the balance
2remaining in such line item appropriation is insufficient for
3the purpose for which the appropriation was made.
4 The State Board of Education is authorized to make
5transfers between the following line item appropriations
6within the same treasury fund: Disabled Student
7Services/Materials (Section 14-13.01 of the School Code),
8Disabled Student Transportation Reimbursement (Section
914-13.01 of the School Code), Disabled Student Tuition -
10Private Tuition (Section 14-7.02 of the School Code),
11Extraordinary Special Education (Section 14-7.02b of the
12School Code), Reimbursement for Free Lunch/Breakfast Program,
13Summer School Payments (Section 18-4.3 of the School Code), and
14Transportation - Regular/Vocational Reimbursement (Section
1529-5 of the School Code). Such transfers shall be made only
16when the balance remaining in one or more such line item
17appropriations is insufficient for the purpose for which the
18appropriation was made and provided that no such transfer may
19be made unless the amount transferred is no longer required for
20the purpose for which that appropriation was made.
21 The Department of Healthcare and Family Services is
22authorized to make transfers not exceeding 4% of the aggregate
23amount appropriated to it, within the same treasury fund, among
24the various line items appropriated for Medical Assistance.
25 (c) The sum of such transfers for an agency in a fiscal
26year shall not exceed 2% of the aggregate amount appropriated

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1to it within the same treasury fund for the following objects:
2Personal Services; Extra Help; Student and Inmate
3Compensation; State Contributions to Retirement Systems; State
4Contributions to Social Security; State Contribution for
5Employee Group Insurance; Contractual Services; Travel;
6Commodities; Printing; Equipment; Electronic Data Processing;
7Operation of Automotive Equipment; Telecommunications
8Services; Travel and Allowance for Committed, Paroled and
9Discharged Prisoners; Library Books; Federal Matching Grants
10for Student Loans; Refunds; Workers' Compensation,
11Occupational Disease, and Tort Claims; and, in appropriations
12to institutions of higher education, Awards and Grants.
13Notwithstanding the above, any amounts appropriated for
14payment of workers' compensation claims to an agency to which
15the authority to evaluate, administer and pay such claims has
16been delegated by the Department of Central Management Services
17may be transferred to any other expenditure object where such
18amounts exceed the amount necessary for the payment of such
19claims.
20 (c-1) Special provisions for State fiscal year 2003.
21Notwithstanding any other provision of this Section to the
22contrary, for State fiscal year 2003 only, transfers among line
23item appropriations to an agency from the same treasury fund
24may be made provided that the sum of such transfers for an
25agency in State fiscal year 2003 shall not exceed 3% of the
26aggregate amount appropriated to that State agency for State

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1fiscal year 2003 for the following objects: personal services,
2except that no transfer may be approved which reduces the
3aggregate appropriations for personal services within an
4agency; extra help; student and inmate compensation; State
5contributions to retirement systems; State contributions to
6social security; State contributions for employee group
7insurance; contractual services; travel; commodities;
8printing; equipment; electronic data processing; operation of
9automotive equipment; telecommunications services; travel and
10allowance for committed, paroled, and discharged prisoners;
11library books; federal matching grants for student loans;
12refunds; workers' compensation, occupational disease, and tort
13claims; and, in appropriations to institutions of higher
14education, awards and grants.
15 (c-2) Special provisions for State fiscal year 2005.
16Notwithstanding subsections (a), (a-2), and (c), for State
17fiscal year 2005 only, transfers may be made among any line
18item appropriations from the same or any other treasury fund
19for any objects or purposes, without limitation, when the
20balance remaining in one or more such line item appropriations
21is insufficient for the purpose for which the appropriation was
22made, provided that the sum of those transfers by a State
23agency shall not exceed 4% of the aggregate amount appropriated
24to that State agency for fiscal year 2005.
25 (c-3) Special provisions for State fiscal year 2015.
26Notwithstanding any other provision of this Section, for State

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1fiscal year 2015, transfers among line item appropriations to a
2State agency from the same State treasury fund may be made for
3operational or lump sum expenses only, provided that the sum of
4such transfers for a State agency in State fiscal year 2015
5shall not exceed 4% of the aggregate amount appropriated to
6that State agency for operational or lump sum expenses for
7State fiscal year 2015. For the purpose of this subsection,
8"operational or lump sum expenses" includes the following
9objects: personal services; extra help; student and inmate
10compensation; State contributions to retirement systems; State
11contributions to social security; State contributions for
12employee group insurance; contractual services; travel;
13commodities; printing; equipment; electronic data processing;
14operation of automotive equipment; telecommunications
15services; travel and allowance for committed, paroled, and
16discharged prisoners; library books; federal matching grants
17for student loans; refunds; workers' compensation,
18occupational disease, and tort claims; lump sum and other
19purposes; and lump sum operations. For the purpose of this
20subsection (c-3), "State agency" does not include the Attorney
21General, the Secretary of State, the Comptroller, the
22Treasurer, or the legislative or judicial branches.
23 (d) Transfers among appropriations made to agencies of the
24Legislative and Judicial departments and to the
25constitutionally elected officers in the Executive branch
26require the approval of the officer authorized in Section 10 of

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1this Act to approve and certify vouchers. Transfers among
2appropriations made to the University of Illinois, Southern
3Illinois University, Chicago State University, Eastern
4Illinois University, Governors State University, Illinois
5State University, Northeastern Illinois University, Northern
6Illinois University, Western Illinois University, the Illinois
7Mathematics and Science Academy and the Board of Higher
8Education require the approval of the Board of Higher Education
9and the Governor. Transfers among appropriations to all other
10agencies require the approval of the Governor.
11 The officer responsible for approval shall certify that the
12transfer is necessary to carry out the programs and purposes
13for which the appropriations were made by the General Assembly
14and shall transmit to the State Comptroller a certified copy of
15the approval which shall set forth the specific amounts
16transferred so that the Comptroller may change his records
17accordingly. The Comptroller shall furnish the Governor with
18information copies of all transfers approved for agencies of
19the Legislative and Judicial departments and transfers
20approved by the constitutionally elected officials of the
21Executive branch other than the Governor, showing the amounts
22transferred and indicating the dates such changes were entered
23on the Comptroller's records.
24 (e) The State Board of Education, in consultation with the
25State Comptroller, may transfer line item appropriations for
26General State Aid between the Common School Fund and the

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1Education Assistance Fund. With the advice and consent of the
2Governor's Office of Management and Budget, the State Board of
3Education, in consultation with the State Comptroller, may
4transfer line item appropriations between the General Revenue
5Fund and the Education Assistance Fund for the following
6programs:
7 (1) Disabled Student Personnel Reimbursement (Section
8 14-13.01 of the School Code);
9 (2) Disabled Student Transportation Reimbursement
10 (subsection (b) of Section 14-13.01 of the School Code);
11 (3) Disabled Student Tuition - Private Tuition
12 (Section 14-7.02 of the School Code);
13 (4) Extraordinary Special Education (Section 14-7.02b
14 of the School Code);
15 (5) Reimbursement for Free Lunch/Breakfast Programs;
16 (6) Summer School Payments (Section 18-4.3 of the
17 School Code);
18 (7) Transportation - Regular/Vocational Reimbursement
19 (Section 29-5 of the School Code);
20 (8) Regular Education Reimbursement (Section 18-3 of
21 the School Code); and
22 (9) Special Education Reimbursement (Section 14-7.03
23 of the School Code).
24(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,
25eff. 3-26-15.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.