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1 | AN ACT concerning finance. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The State Finance Act is amended by changing | |||||||||||||||||||
5 | Section 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 | |||||||||||||||||||
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). | |||||||||||||||||||
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, | ||||||
2 | nor from any appropriation for State contribution for employee | ||||||
3 | group insurance. | ||||||
4 | (a-2.5) (Blank). | ||||||
5 | (a-3) Further, if an agency receives a separate | ||||||
6 | appropriation for employee retirement contributions paid by | ||||||
7 | the employer, any transfer by that agency into an | ||||||
8 | appropriation for personal services must be accompanied by a | ||||||
9 | corresponding transfer into the appropriation for employee | ||||||
10 | retirement contributions paid by the employer, in an amount | ||||||
11 | sufficient to meet the employer share of the employee | ||||||
12 | contributions required to be remitted to the retirement | ||||||
13 | system. | ||||||
14 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
15 | designate amounts set aside for institutional services | ||||||
16 | appropriated from the General Revenue Fund or any other State | ||||||
17 | fund that receives monies for long-term care services to be | ||||||
18 | transferred to all State agencies responsible for the | ||||||
19 | administration of community-based long-term care programs, | ||||||
20 | including, but not limited to, community-based long-term care | ||||||
21 | programs administered by the Department of Healthcare and | ||||||
22 | Family Services, the Department of Human Services, and the | ||||||
23 | Department on Aging, provided that the Director of Healthcare | ||||||
24 | and Family Services first certifies that the amounts being | ||||||
25 | transferred are necessary for the purpose of assisting persons | ||||||
26 | in or at risk of being in institutional care to transition to |
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1 | community-based settings, including the financial data needed | ||||||
2 | to prove the need for the transfer of funds. The total amounts | ||||||
3 | transferred shall not exceed 4% in total of the amounts | ||||||
4 | appropriated from the General Revenue Fund or any other State | ||||||
5 | fund that receives monies for long-term care services for each | ||||||
6 | fiscal year. A notice of the fund transfer must be made to the | ||||||
7 | General Assembly and posted at a minimum on the Department of | ||||||
8 | Healthcare and Family Services website, the Governor's Office | ||||||
9 | of Management and Budget website, and any other website the | ||||||
10 | Governor sees fit. These postings shall serve as notice to the | ||||||
11 | General Assembly of the amounts to be transferred. Notice | ||||||
12 | shall be given at least 30 days prior to transfer. | ||||||
13 | (b) In addition to the general transfer authority provided | ||||||
14 | under subsection (c), the following agencies have the specific | ||||||
15 | transfer authority granted in this subsection: | ||||||
16 | The Department of Healthcare and Family Services is | ||||||
17 | authorized to make transfers representing savings attributable | ||||||
18 | to not increasing grants due to the births of additional | ||||||
19 | children from line items for payments of cash grants to line | ||||||
20 | items for payments for employment and social services for the | ||||||
21 | purposes outlined in subsection (f) of Section 4-2 of the | ||||||
22 | Illinois Public Aid Code. | ||||||
23 | The Department of Children and Family Services is | ||||||
24 | authorized to make transfers not exceeding 2% of the aggregate | ||||||
25 | amount appropriated to it within the same treasury fund for | ||||||
26 | the following line items among these same line items: Foster |
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1 | Home and Specialized Foster Care and Prevention, Institutions | ||||||
2 | and Group Homes and Prevention, and Purchase of Adoption and | ||||||
3 | Guardianship Services. | ||||||
4 | The Department on Aging is authorized to make transfers | ||||||
5 | not exceeding 10% of the aggregate amount appropriated to it | ||||||
6 | within the same treasury fund for the following Community Care | ||||||
7 | Program line items among these same line items: purchase of | ||||||
8 | services covered by the Community Care Program and | ||||||
9 | Comprehensive Case Coordination. | ||||||
10 | The State Board of Education is authorized to make | ||||||
11 | transfers from line item appropriations within the same | ||||||
12 | treasury fund for General State Aid, General State Aid - Hold | ||||||
13 | Harmless, and Evidence-Based Funding, provided that no such | ||||||
14 | transfer may be made unless the amount transferred is no | ||||||
15 | longer required for the purpose for which that appropriation | ||||||
16 | was made, to the line item appropriation for Transitional | ||||||
17 | Assistance when the balance remaining in such line item | ||||||
18 | appropriation is insufficient for the purpose for which the | ||||||
19 | appropriation was made. | ||||||
20 | The State Board of Education is authorized to make | ||||||
21 | transfers between the following line item appropriations | ||||||
22 | within the same treasury fund: Disabled Student | ||||||
23 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
24 | Disabled Student Transportation Reimbursement (Section | ||||||
25 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
26 | Private Tuition (Section 14-7.02 of the School Code), |
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1 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
2 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
3 | Summer School Payments (Section 18-4.3 of the School Code), | ||||||
4 | and Transportation - Regular/Vocational Reimbursement (Section | ||||||
5 | 29-5 of the School Code). Such transfers shall be made only | ||||||
6 | when the balance remaining in one or more such line item | ||||||
7 | appropriations is insufficient for the purpose for which the | ||||||
8 | appropriation was made and provided that no such transfer may | ||||||
9 | be made unless the amount transferred is no longer required | ||||||
10 | for the purpose for which that appropriation was made. | ||||||
11 | The Department of Healthcare and Family Services is | ||||||
12 | authorized to make transfers not exceeding 4% of the aggregate | ||||||
13 | amount appropriated to it, within the same treasury fund, | ||||||
14 | among the various line items appropriated for Medical | ||||||
15 | Assistance. | ||||||
16 | The Department of Central Management Services is | ||||||
17 | authorized to make transfers not exceeding 2% of the aggregate | ||||||
18 | amount appropriated to it, within the same treasury fund, from | ||||||
19 | the various line items appropriated to the Department, into | ||||||
20 | the following line item appropriations: auto liability claims | ||||||
21 | and related expenses and payment of claims under the State | ||||||
22 | Employee Indemnification Act. | ||||||
23 | (c) The sum of such transfers for an agency in a fiscal | ||||||
24 | year shall not exceed 2% of the aggregate amount appropriated | ||||||
25 | to it within the same treasury fund for the following objects: | ||||||
26 | Personal Services; Extra Help; Student and Inmate |
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1 | Compensation; State Contributions to Retirement Systems; State | ||||||
2 | Contributions to Social Security; State Contribution for | ||||||
3 | Employee Group Insurance; Contractual Services; Travel; | ||||||
4 | Commodities; Printing; Equipment; Electronic Data Processing; | ||||||
5 | Operation of Automotive Equipment; Telecommunications | ||||||
6 | Services; Travel and Allowance for Committed, Paroled and | ||||||
7 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
8 | for Student Loans; Refunds; Workers' Compensation, | ||||||
9 | Occupational Disease, and Tort Claims; Late Interest Penalties | ||||||
10 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
11 | of the Illinois Insurance Code; and, in appropriations to | ||||||
12 | institutions of higher education, Awards and Grants. | ||||||
13 | Notwithstanding the above, any amounts appropriated for | ||||||
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 | ||||||
17 | Services may be transferred to any other expenditure object | ||||||
18 | where such amounts exceed the amount necessary for the payment | ||||||
19 | of such claims. | ||||||
20 | (c-1) (Blank). | ||||||
21 | (c-2) (Blank). | ||||||
22 | (c-3) (Blank). | ||||||
23 | (c-4) (Blank). | ||||||
24 | (c-5) (Blank). | ||||||
25 | (c-6) (Blank). | ||||||
26 | (c-7) (Blank). |
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1 | (c-8) (Blank). | ||||||
2 | (c-9) Special provisions for State fiscal year 2023. | ||||||
3 | Notwithstanding any other provision of this Section, for State | ||||||
4 | fiscal year 2023, transfers among line item appropriations to | ||||||
5 | a State agency from the same State treasury fund may be made | ||||||
6 | for operational or lump sum expenses only, provided that the | ||||||
7 | sum of such transfers for a State agency in State fiscal year | ||||||
8 | 2023 shall not exceed 4% of the aggregate amount appropriated | ||||||
9 | to that State agency for operational or lump sum expenses for | ||||||
10 | State fiscal year 2023. For the purpose of this subsection, | ||||||
11 | "operational or lump sum expenses" includes the following | ||||||
12 | objects: personal services; extra help; student and inmate | ||||||
13 | compensation; State contributions to retirement systems; State | ||||||
14 | contributions to social security; State contributions for | ||||||
15 | employee group insurance; contractual services; travel; | ||||||
16 | commodities; printing; equipment; electronic data processing; | ||||||
17 | operation of automotive equipment; telecommunications | ||||||
18 | services; travel and allowance for committed, paroled, and | ||||||
19 | discharged prisoners; library books; federal matching grants | ||||||
20 | for student loans; refunds; workers' compensation, | ||||||
21 | occupational disease, and tort claims; late interest penalties | ||||||
22 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
23 | of the Illinois Insurance Code; lump sum and other purposes; | ||||||
24 | and lump sum operations. For the purpose of this subsection, | ||||||
25 | "State agency" does not include the Attorney General, the | ||||||
26 | Secretary of State, the Comptroller, the Treasurer, or the |
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1 | judicial or legislative branches. | ||||||
2 | (c-10) Special provisions for State fiscal year 2024. | ||||||
3 | Notwithstanding any other provision of this Section, for State | ||||||
4 | fiscal year 2024, transfers among line item appropriations to | ||||||
5 | a State agency from the same State treasury fund may be made | ||||||
6 | for operational or lump sum expenses only, provided that the | ||||||
7 | sum of such transfers for a State agency in State fiscal year | ||||||
8 | 2024 shall not exceed 8% of the aggregate amount appropriated | ||||||
9 | to that State agency for operational or lump sum expenses for | ||||||
10 | State fiscal year 2024. For the purpose of this subsection, | ||||||
11 | "operational or lump sum expenses" includes the following | ||||||
12 | objects: personal services; extra help; student and inmate | ||||||
13 | compensation; State contributions to retirement systems; State | ||||||
14 | contributions to social security; State contributions for | ||||||
15 | employee group insurance; contractual services; travel; | ||||||
16 | commodities; printing; equipment; electronic data processing; | ||||||
17 | operation of automotive equipment; telecommunications | ||||||
18 | services; travel and allowance for committed, paroled, and | ||||||
19 | discharged prisoners; library books; federal matching grants | ||||||
20 | for student loans; refunds; workers' compensation, | ||||||
21 | occupational disease, and tort claims; late interest penalties | ||||||
22 | under the State Prompt Payment Act and Sections 368a and 370a | ||||||
23 | of the Illinois Insurance Code; lump sum and other purposes; | ||||||
24 | and lump sum operations. For the purpose of this subsection, | ||||||
25 | "State agency" does not include the Attorney General, the | ||||||
26 | Secretary of State, the Comptroller, the Treasurer, or the |
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1 | judicial or legislative branches. | ||||||
2 | (c-15) Beginning in State fiscal year 2025, transfers | ||||||
3 | among line item appropriations to a State agency from the same | ||||||
4 | State treasury fund shall not exceed 1% of the aggregate | ||||||
5 | amount appropriated to that State agency for the same category | ||||||
6 | of appropriation. Moneys appropriated to a State agency as a | ||||||
7 | result of grants, reimbursements, or matching funds received | ||||||
8 | from an outside party, including, but not limited to, the | ||||||
9 | federal government, may not be transferred to a different line | ||||||
10 | item appropriation or to a different State agency. | ||||||
11 | (d) Transfers among appropriations made to agencies of the | ||||||
12 | Legislative and Judicial departments and to the | ||||||
13 | constitutionally elected officers in the Executive branch | ||||||
14 | require the approval of the officer authorized in Section 10 | ||||||
15 | of this Act to approve and certify vouchers. Transfers among | ||||||
16 | appropriations made to the University of Illinois, Southern | ||||||
17 | Illinois University, Chicago State University, Eastern | ||||||
18 | Illinois University, Governors State University, Illinois | ||||||
19 | State University, Northeastern Illinois University, Northern | ||||||
20 | Illinois University, Western Illinois University, the Illinois | ||||||
21 | Mathematics and Science Academy and the Board of Higher | ||||||
22 | Education require the approval of the Board of Higher | ||||||
23 | Education and the Governor. Transfers among appropriations to | ||||||
24 | all other agencies require the approval of the Governor. | ||||||
25 | The officer responsible for approval shall certify that | ||||||
26 | the transfer is necessary to carry out the programs and |
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1 | purposes for which the appropriations were made by the General | ||||||
2 | Assembly and shall transmit to the State Comptroller a | ||||||
3 | certified copy of the approval which shall set forth the | ||||||
4 | specific amounts transferred so that the Comptroller may | ||||||
5 | change his records accordingly. The Comptroller shall furnish | ||||||
6 | the Governor with information copies of all transfers approved | ||||||
7 | for agencies of the Legislative and Judicial departments and | ||||||
8 | transfers approved by the constitutionally elected officials | ||||||
9 | of the Executive branch other than the Governor, showing the | ||||||
10 | amounts transferred and indicating the dates such changes were | ||||||
11 | entered on the Comptroller's records. | ||||||
12 | (e) The State Board of Education, in consultation with the | ||||||
13 | State Comptroller, may transfer line item appropriations for | ||||||
14 | General State Aid or Evidence-Based Funding among the Common | ||||||
15 | School Fund and the Education Assistance Fund, and, for State | ||||||
16 | fiscal year 2020 and each fiscal year thereafter, the Fund for | ||||||
17 | the Advancement of Education. With the advice and consent of | ||||||
18 | the Governor's Office of Management and Budget, the State | ||||||
19 | Board of Education, in consultation with the State | ||||||
20 | Comptroller, may transfer line item appropriations between the | ||||||
21 | General Revenue Fund and the Education Assistance Fund for the | ||||||
22 | following programs: | ||||||
23 | (1) Disabled Student Personnel Reimbursement (Section | ||||||
24 | 14-13.01 of the School Code); | ||||||
25 | (2) Disabled Student Transportation Reimbursement | ||||||
26 | (subsection (b) of Section 14-13.01 of the School Code); |
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1 | (3) Disabled Student Tuition - Private Tuition | ||||||
2 | (Section 14-7.02 of the School Code); | ||||||
3 | (4) Extraordinary Special Education (Section 14-7.02b | ||||||
4 | of the School Code); | ||||||
5 | (5) Reimbursement for Free Lunch/Breakfast Programs; | ||||||
6 | (6) Summer School Payments (Section 18-4.3 of the | ||||||
7 | School Code); | ||||||
8 | (7) Transportation - Regular/Vocational Reimbursement | ||||||
9 | (Section 29-5 of the School Code); | ||||||
10 | (8) Regular Education Reimbursement (Section 18-3 of | ||||||
11 | the School Code); and | ||||||
12 | (9) Special Education Reimbursement (Section 14-7.03 | ||||||
13 | of the School Code). | ||||||
14 | (f) For State fiscal year 2020 and each fiscal year | ||||||
15 | thereafter, the Department on Aging, in consultation with the | ||||||
16 | State Comptroller, with the advice and consent of the | ||||||
17 | Governor's Office of Management and Budget, may transfer line | ||||||
18 | item appropriations for purchase of services covered by the | ||||||
19 | Community Care Program between the General Revenue Fund and | ||||||
20 | the Commitment to Human Services Fund. | ||||||
21 | (g) For State fiscal year 2024 and each fiscal year | ||||||
22 | thereafter, if requested by an agency chief executive officer | ||||||
23 | and authorized and approved by the Comptroller, the | ||||||
24 | Comptroller may direct and the Treasurer shall transfer funds | ||||||
25 | from the General Revenue Fund to fund payroll expenses that | ||||||
26 | meet the payroll transaction exception criteria as defined by |
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1 | the Comptroller in the Statewide Accounting Management System | ||||||
2 | (SAMS) Manual. The agency shall then transfer these funds back | ||||||
3 | to the General Revenue Fund within 7 days. | ||||||
4 | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | ||||||
5 | 103-8, eff. 6-7-23.) |