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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2937 Introduced 2/18/2016, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED:
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30 ILCS 105/13.2 | from Ch. 127, par. 149.2 |
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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.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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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 |
17 | | except as provided by subsection (a-4).
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18 | | (a-2) Except as otherwise provided in this Section, |
19 | | transfers may be made only among the objects of expenditure |
20 | | enumerated
in this Section, except that no funds may be |
21 | | transferred from any
appropriation for personal services, from |
22 | | any appropriation for State
contributions to the State |
23 | | Employees' Retirement System, from any
separate appropriation |
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1 | | for employee retirement contributions paid by the
employer, nor |
2 | | from any appropriation for State contribution for
employee |
3 | | group insurance. During State fiscal year 2005, an agency may |
4 | | transfer amounts among its appropriations within the same |
5 | | treasury fund for personal services, employee retirement |
6 | | contributions paid by employer, and State Contributions to |
7 | | retirement systems; notwithstanding and in addition to the |
8 | | transfers authorized in subsection (c) of this Section, the |
9 | | fiscal year 2005 transfers authorized in this sentence may be |
10 | | made in an amount not to exceed 2% of the aggregate amount |
11 | | appropriated to an agency within the same treasury fund. During |
12 | | State fiscal year 2007, the Departments of Children and Family |
13 | | Services, Corrections, Human Services, and Juvenile Justice |
14 | | may transfer amounts among their respective appropriations |
15 | | within the same treasury fund for personal services, employee |
16 | | retirement contributions paid by employer, and State |
17 | | contributions to retirement systems. During State fiscal year |
18 | | 2010, the Department of Transportation may transfer amounts |
19 | | among their respective appropriations within the same treasury |
20 | | fund for personal services, employee retirement contributions |
21 | | paid by employer, and State contributions to retirement |
22 | | systems. During State fiscal years 2010 and 2014 only, an |
23 | | agency may transfer amounts among its respective |
24 | | appropriations within the same treasury fund for personal |
25 | | services, employee retirement contributions paid by employer, |
26 | | and State contributions to retirement systems. |
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1 | | Notwithstanding, and in addition to, the transfers authorized |
2 | | in subsection (c) of this Section, these transfers may be made |
3 | | in an amount not to exceed 2% of the aggregate amount |
4 | | appropriated to an agency within the same treasury fund.
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5 | | (a-2.5) During State fiscal year 2015 only, the State's |
6 | | Attorneys Appellate Prosecutor may transfer amounts among its |
7 | | respective appropriations contained in operational line items |
8 | | within the same treasury fund. Notwithstanding, and in addition |
9 | | to, the transfers authorized in subsection (c) of this Section, |
10 | | these transfers may be made in an amount not to exceed 4% of |
11 | | the aggregate amount appropriated to the State's Attorneys |
12 | | Appellate Prosecutor within the same treasury fund. |
13 | | (a-2.7) Any agency receiving less than $10,000,000 in any |
14 | | fiscal year in funding from the General Revenue Fund for |
15 | | operations may transfer amounts among its respective |
16 | | appropriations contained in operational line items within the |
17 | | same treasury fund. Notwithstanding, and in addition to, the |
18 | | transfers authorized in subsection (c) of this Section, these |
19 | | transfers may be made in an amount not to exceed 4% of the |
20 | | aggregate amount appropriated to the agency within the same |
21 | | treasury fund. |
22 | | For the purposes of this subsection (a-2.7), "agency" means |
23 | | all officers, boards, commissions and agencies created by the |
24 | | Constitution, whether in the executive, legislative or |
25 | | judicial branch, but other than the circuit court; all |
26 | | officers, departments, boards, commissions, agencies, |
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1 | | institutions, authorities, universities, bodies politic and |
2 | | corporate of the State; and administrative units or corporate |
3 | | outgrowths of the State government which are created by or |
4 | | pursuant to statute, other than units of local government and |
5 | | their officers, school districts and boards of election |
6 | | commissioners; all administrative units and corporate |
7 | | outgrowths of the above and as may be created by executive |
8 | | order of the Governor. |
9 | | (a-3) Further, if an agency receives a separate
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10 | | appropriation for employee retirement contributions paid by |
11 | | the employer,
any transfer by that agency into an appropriation |
12 | | for personal services
must be accompanied by a corresponding |
13 | | transfer into the appropriation for
employee retirement |
14 | | contributions paid by the employer, in an amount
sufficient to |
15 | | meet the employer share of the employee contributions
required |
16 | | to be remitted to the retirement system. |
17 | | (a-4) Long-Term Care Rebalancing. The Governor may |
18 | | designate amounts set aside for institutional services |
19 | | appropriated from the General Revenue Fund or any other State |
20 | | fund that receives monies for long-term care services to be |
21 | | transferred to all State agencies responsible for the |
22 | | administration of community-based long-term care programs, |
23 | | including, but not limited to, community-based long-term care |
24 | | programs administered by the Department of Healthcare and |
25 | | Family Services, the Department of Human Services, and the |
26 | | Department on Aging, provided that the Director of Healthcare |
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1 | | and Family Services first certifies that the amounts being |
2 | | transferred are necessary for the purpose of assisting persons |
3 | | in or at risk of being in institutional care to transition to |
4 | | community-based settings, including the financial data needed |
5 | | to prove the need for the transfer of funds. The total amounts |
6 | | transferred shall not exceed 4% in total of the amounts |
7 | | appropriated from the General Revenue Fund or any other State |
8 | | fund that receives monies for long-term care services for each |
9 | | fiscal year. A notice of the fund transfer must be made to the |
10 | | General Assembly and posted at a minimum on the Department of |
11 | | Healthcare and Family Services website, the Governor's Office |
12 | | of Management and Budget website, and any other website the |
13 | | Governor sees fit. These postings shall serve as notice to the |
14 | | General Assembly of the amounts to be transferred. Notice shall |
15 | | be given at least 30 days prior to transfer. |
16 | | (b) In addition to the general transfer authority provided |
17 | | under
subsection (c), the following agencies have the specific |
18 | | transfer authority
granted in this subsection: |
19 | | The Department of Healthcare and Family Services is |
20 | | authorized to make transfers
representing savings attributable |
21 | | to not increasing grants due to the
births of additional |
22 | | children from line items for payments of cash grants to
line |
23 | | items for payments for employment and social services for the |
24 | | purposes
outlined in subsection (f) of Section 4-2 of the |
25 | | Illinois Public Aid Code. |
26 | | The Department of Children and Family Services is |
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1 | | authorized to make
transfers not exceeding 2% of the aggregate |
2 | | amount appropriated to it within
the same treasury fund for the |
3 | | following line items among these same line
items: Foster Home |
4 | | and Specialized Foster Care and Prevention, Institutions
and |
5 | | Group Homes and Prevention, and Purchase of Adoption and |
6 | | Guardianship
Services. |
7 | | The Department on Aging is authorized to make transfers not
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8 | | exceeding 2% of the aggregate amount appropriated to it within |
9 | | the same
treasury fund for the following Community Care Program |
10 | | line items among these
same line items: purchase of services |
11 | | covered by the Community Care Program and Comprehensive Case |
12 | | Coordination. |
13 | | The State Treasurer is authorized to make transfers among |
14 | | line item
appropriations
from the Capital Litigation Trust |
15 | | Fund, with respect to costs incurred in
fiscal years 2002 and |
16 | | 2003 only, when the balance remaining in one or
more such
line |
17 | | item appropriations is insufficient for the purpose for which |
18 | | the
appropriation was
made, provided that no such transfer may |
19 | | be made unless the amount transferred
is no
longer required for |
20 | | the purpose for which that appropriation was made. |
21 | | The State Board of Education is authorized to make |
22 | | transfers from line item appropriations within the same |
23 | | treasury fund for General State Aid and General State Aid - |
24 | | Hold Harmless, provided that no such transfer may be made |
25 | | unless the amount transferred is no longer required for the |
26 | | purpose for which that appropriation was made, to the line item |
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1 | | appropriation for Transitional Assistance when the balance |
2 | | remaining in such line item appropriation is insufficient for |
3 | | the purpose for which the appropriation was made. |
4 | | The State Board of Education is authorized to make |
5 | | transfers between the following line item appropriations |
6 | | within the same treasury fund: Disabled Student |
7 | | Services/Materials (Section 14-13.01 of the School Code), |
8 | | Disabled Student Transportation Reimbursement (Section |
9 | | 14-13.01 of the School Code), Disabled Student Tuition - |
10 | | Private Tuition (Section 14-7.02 of the School Code), |
11 | | Extraordinary Special Education (Section 14-7.02b of the |
12 | | School Code), Reimbursement for Free Lunch/Breakfast Program, |
13 | | Summer School Payments (Section 18-4.3 of the School Code), and |
14 | | Transportation - Regular/Vocational Reimbursement (Section |
15 | | 29-5 of the School Code). Such transfers shall be made only |
16 | | when the balance remaining in one or more such line item |
17 | | appropriations is insufficient for the purpose for which the |
18 | | appropriation was made and provided that no such transfer may |
19 | | be made unless the amount transferred is no longer required for |
20 | | the purpose for which that appropriation was made. |
21 | | The Department of Healthcare and Family Services is |
22 | | authorized to make transfers not exceeding 4% of the aggregate |
23 | | amount appropriated to it, within the same treasury fund, among |
24 | | the various line items appropriated for Medical Assistance. |
25 | | (c) The sum of such transfers for an agency in a fiscal |
26 | | year shall not
exceed 2% of the aggregate amount appropriated |
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1 | | to it within the same treasury
fund for the following objects: |
2 | | Personal Services; Extra Help; Student and
Inmate |
3 | | Compensation; State Contributions to Retirement Systems; State
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4 | | Contributions to Social Security; State Contribution for |
5 | | Employee Group
Insurance; Contractual Services; Travel; |
6 | | Commodities; Printing; Equipment;
Electronic Data Processing; |
7 | | Operation of Automotive Equipment;
Telecommunications |
8 | | Services; Travel and Allowance for Committed, Paroled
and |
9 | | Discharged Prisoners; Library Books; Federal Matching Grants |
10 | | for
Student Loans; Refunds; Workers' Compensation, |
11 | | Occupational Disease, and
Tort Claims; and, in appropriations |
12 | | to institutions of higher education,
Awards and Grants. |
13 | | Notwithstanding the above, any amounts appropriated for
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14 | | payment of workers' compensation claims to an agency to which |
15 | | the authority
to evaluate, administer and pay such claims has |
16 | | been delegated by the
Department of Central Management Services |
17 | | may be transferred to any other
expenditure object where such |
18 | | amounts exceed the amount necessary for the
payment of such |
19 | | claims. |
20 | | (c-1) Special provisions for State fiscal year 2003. |
21 | | Notwithstanding any
other provision of this Section to the |
22 | | contrary, for State fiscal year 2003
only, transfers among line |
23 | | item appropriations to an agency from the same
treasury fund |
24 | | may be made provided that the sum of such transfers for an |
25 | | agency
in State fiscal year 2003 shall not exceed 3% of the |
26 | | aggregate amount
appropriated to that State agency for State |
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1 | | fiscal year 2003 for the following
objects: personal services, |
2 | | except that no transfer may be approved which
reduces the |
3 | | aggregate appropriations for personal services within an |
4 | | agency;
extra help; student and inmate compensation; State
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5 | | contributions to retirement systems; State contributions to |
6 | | social security;
State contributions for employee group |
7 | | insurance; contractual services; travel;
commodities; |
8 | | printing; equipment; electronic data processing; operation of
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9 | | automotive equipment; telecommunications services; travel and |
10 | | allowance for
committed, paroled, and discharged prisoners; |
11 | | library books; federal matching
grants for student loans; |
12 | | refunds; workers' compensation, occupational disease,
and tort |
13 | | claims; and, in appropriations to institutions of higher |
14 | | education,
awards and grants. |
15 | | (c-2) Special provisions for State fiscal year 2005. |
16 | | Notwithstanding subsections (a), (a-2), and (c), for State |
17 | | fiscal year 2005 only, transfers may be made among any line |
18 | | item appropriations from the same or any other treasury fund |
19 | | for any objects or purposes, without limitation, when the |
20 | | balance remaining in one or more such line item appropriations |
21 | | is insufficient for the purpose for which the appropriation was |
22 | | made, provided that the sum of those transfers by a State |
23 | | agency shall not exceed 4% of the aggregate amount appropriated |
24 | | to that State agency for fiscal year 2005.
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25 | | (c-3) Special provisions for State fiscal year 2015. |
26 | | Notwithstanding any other provision of this Section, for State |
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1 | | fiscal year 2015, transfers among line item appropriations to a |
2 | | State agency from the same State treasury fund may be made for |
3 | | operational or lump sum expenses only, provided that the sum of |
4 | | such transfers for a State agency in State fiscal year 2015 |
5 | | shall not exceed 4% of the aggregate amount appropriated to |
6 | | that State agency for operational or lump sum expenses for |
7 | | State fiscal year 2015. For the purpose of this subsection, |
8 | | "operational or lump sum expenses" includes the following |
9 | | objects: personal services; extra help; student and inmate |
10 | | compensation; State contributions to retirement systems; State |
11 | | contributions to social security; State contributions for |
12 | | employee group insurance; contractual services; travel; |
13 | | commodities; printing; equipment; electronic data processing; |
14 | | operation of automotive equipment; telecommunications |
15 | | services; travel and allowance for committed, paroled, and |
16 | | discharged prisoners; library books; federal matching grants |
17 | | for student loans; refunds; workers' compensation, |
18 | | occupational disease, and tort claims; lump sum and other |
19 | | purposes; and lump sum operations. For the purpose of this |
20 | | subsection (c-3), "State agency" does not include the Attorney |
21 | | General, the Secretary of State, the Comptroller, the |
22 | | Treasurer, or the legislative or judicial branches. |
23 | | (d) Transfers among appropriations made to agencies of the |
24 | | Legislative
and Judicial departments and to the |
25 | | constitutionally elected officers in the
Executive branch |
26 | | require the approval of the officer authorized in Section 10
of |
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1 | | this Act to approve and certify vouchers. Transfers among |
2 | | appropriations
made to the University of Illinois, Southern |
3 | | Illinois University, Chicago State
University, Eastern |
4 | | Illinois University, Governors State University, Illinois
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5 | | State University, Northeastern Illinois University, Northern |
6 | | Illinois
University, Western Illinois University, the Illinois |
7 | | Mathematics and Science
Academy and the Board of Higher |
8 | | Education require the approval of the Board of
Higher Education |
9 | | and the Governor. Transfers among appropriations to all other
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10 | | agencies require the approval of the Governor. |
11 | | The officer responsible for approval shall certify that the
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12 | | transfer is necessary to carry out the programs and purposes |
13 | | for which
the appropriations were made by the General Assembly |
14 | | and shall transmit
to the State Comptroller a certified copy of |
15 | | the approval which shall
set forth the specific amounts |
16 | | transferred so that the Comptroller may
change his records |
17 | | accordingly. The Comptroller shall furnish the
Governor with |
18 | | information copies of all transfers approved for agencies
of |
19 | | the Legislative and Judicial departments and transfers |
20 | | approved by
the constitutionally elected officials of the |
21 | | Executive branch other
than the Governor, showing the amounts |
22 | | transferred and indicating the
dates such changes were entered |
23 | | on the Comptroller's records. |
24 | | (e) The State Board of Education, in consultation with the |
25 | | State Comptroller, may transfer line item appropriations for |
26 | | General State Aid between the Common School Fund and the |
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1 | | Education Assistance Fund. With the advice and consent of the |
2 | | Governor's Office of Management and Budget, the State Board of |
3 | | Education, in consultation with the State Comptroller, may |
4 | | transfer line item appropriations between the General Revenue |
5 | | Fund and the Education Assistance Fund for the following |
6 | | programs: |
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, |
25 | | eff. 3-26-15.)
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26 | | Section 99. Effective date. This Act takes effect upon |