103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5402

 

Introduced 2/9/2024, by Rep. Curtis J. Tarver, II

 

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

    Amends the State Finance Act. Provides that transfers among line item appropriations to a State agency from the same State treasury fund shall not exceed 1% of the aggregate amount appropriated to that State agency for the same category of appropriation. Provides that moneys appropriated to a State agency as a result of grants, reimbursements, or matching funds received from an outside party may not be transferred to a different line item appropriation or to a different State agency.


LRB103 36072 HLH 69679 b

 

 

A BILL FOR

 

HB5402LRB103 36072 HLH 69679 b

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

 

 

HB5402- 2 -LRB103 36072 HLH 69679 b

1for employee retirement contributions paid by the employer,
2nor from any appropriation for State contribution for employee
3group insurance.
4    (a-2.5) (Blank).
5    (a-3) Further, if an agency receives a separate
6appropriation for employee retirement contributions paid by
7the employer, any transfer by that agency into an
8appropriation for personal services must be accompanied by a
9corresponding transfer into the appropriation for employee
10retirement contributions paid by the employer, in an amount
11sufficient to meet the employer share of the employee
12contributions required to be remitted to the retirement
13system.
14    (a-4) Long-Term Care Rebalancing. The Governor may
15designate amounts set aside for institutional services
16appropriated from the General Revenue Fund or any other State
17fund that receives monies for long-term care services to be
18transferred to all State agencies responsible for the
19administration of community-based long-term care programs,
20including, but not limited to, community-based long-term care
21programs administered by the Department of Healthcare and
22Family Services, the Department of Human Services, and the
23Department on Aging, provided that the Director of Healthcare
24and Family Services first certifies that the amounts being
25transferred are necessary for the purpose of assisting persons
26in or at risk of being in institutional care to transition to

 

 

HB5402- 3 -LRB103 36072 HLH 69679 b

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

 

 

HB5402- 4 -LRB103 36072 HLH 69679 b

1Home and Specialized Foster Care and Prevention, Institutions
2and Group Homes and Prevention, and Purchase of Adoption and
3Guardianship Services.
4    The Department on Aging is authorized to make transfers
5not exceeding 10% of the aggregate amount appropriated to it
6within the same treasury fund for the following Community Care
7Program line items among these same line items: purchase of
8services covered by the Community Care Program and
9Comprehensive Case Coordination.
10    The State Board of Education is authorized to make
11transfers from line item appropriations within the same
12treasury fund for General State Aid, General State Aid - Hold
13Harmless, and Evidence-Based Funding, provided that no such
14transfer may be made unless the amount transferred is no
15longer required for the purpose for which that appropriation
16was made, to the line item appropriation for Transitional
17Assistance when the balance remaining in such line item
18appropriation is insufficient for the purpose for which the
19appropriation was made.
20    The State Board of Education is authorized to make
21transfers between the following line item appropriations
22within the same treasury fund: Disabled Student
23Services/Materials (Section 14-13.01 of the School Code),
24Disabled Student Transportation Reimbursement (Section
2514-13.01 of the School Code), Disabled Student Tuition -
26Private Tuition (Section 14-7.02 of the School Code),

 

 

HB5402- 5 -LRB103 36072 HLH 69679 b

1Extraordinary Special Education (Section 14-7.02b of the
2School Code), Reimbursement for Free Lunch/Breakfast Program,
3Summer School Payments (Section 18-4.3 of the School Code),
4and Transportation - Regular/Vocational Reimbursement (Section
529-5 of the School Code). Such transfers shall be made only
6when the balance remaining in one or more such line item
7appropriations is insufficient for the purpose for which the
8appropriation was made and provided that no such transfer may
9be made unless the amount transferred is no longer required
10for the purpose for which that appropriation was made.
11    The Department of Healthcare and Family Services is
12authorized to make transfers not exceeding 4% of the aggregate
13amount appropriated to it, within the same treasury fund,
14among the various line items appropriated for Medical
15Assistance.
16    The Department of Central Management Services is
17authorized to make transfers not exceeding 2% of the aggregate
18amount appropriated to it, within the same treasury fund, from
19the various line items appropriated to the Department, into
20the following line item appropriations: auto liability claims
21and related expenses and payment of claims under the State
22Employee Indemnification Act.
23    (c) The sum of such transfers for an agency in a fiscal
24year shall not exceed 2% of the aggregate amount appropriated
25to it within the same treasury fund for the following objects:
26Personal Services; Extra Help; Student and Inmate

 

 

HB5402- 6 -LRB103 36072 HLH 69679 b

1Compensation; State Contributions to Retirement Systems; State
2Contributions to Social Security; State Contribution for
3Employee Group Insurance; Contractual Services; Travel;
4Commodities; Printing; Equipment; Electronic Data Processing;
5Operation of Automotive Equipment; Telecommunications
6Services; Travel and Allowance for Committed, Paroled and
7Discharged Prisoners; Library Books; Federal Matching Grants
8for Student Loans; Refunds; Workers' Compensation,
9Occupational Disease, and Tort Claims; Late Interest Penalties
10under the State Prompt Payment Act and Sections 368a and 370a
11of the Illinois Insurance Code; and, in appropriations to
12institutions 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
17Services may be transferred to any other expenditure object
18where such amounts exceed the amount necessary for the payment
19of 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).

 

 

HB5402- 7 -LRB103 36072 HLH 69679 b

1    (c-8) (Blank).
2    (c-9) Special provisions for State fiscal year 2023.
3Notwithstanding any other provision of this Section, for State
4fiscal year 2023, transfers among line item appropriations to
5a State agency from the same State treasury fund may be made
6for operational or lump sum expenses only, provided that the
7sum of such transfers for a State agency in State fiscal year
82023 shall not exceed 4% of the aggregate amount appropriated
9to that State agency for operational or lump sum expenses for
10State fiscal year 2023. For the purpose of this subsection,
11"operational or lump sum expenses" includes the following
12objects: personal services; extra help; student and inmate
13compensation; State contributions to retirement systems; State
14contributions to social security; State contributions for
15employee group insurance; contractual services; travel;
16commodities; printing; equipment; electronic data processing;
17operation of automotive equipment; telecommunications
18services; travel and allowance for committed, paroled, and
19discharged prisoners; library books; federal matching grants
20for student loans; refunds; workers' compensation,
21occupational disease, and tort claims; late interest penalties
22under the State Prompt Payment Act and Sections 368a and 370a
23of the Illinois Insurance Code; lump sum and other purposes;
24and lump sum operations. For the purpose of this subsection,
25"State agency" does not include the Attorney General, the
26Secretary of State, the Comptroller, the Treasurer, or the

 

 

HB5402- 8 -LRB103 36072 HLH 69679 b

1judicial or legislative branches.
2    (c-10) Special provisions for State fiscal year 2024.
3Notwithstanding any other provision of this Section, for State
4fiscal year 2024, transfers among line item appropriations to
5a State agency from the same State treasury fund may be made
6for operational or lump sum expenses only, provided that the
7sum of such transfers for a State agency in State fiscal year
82024 shall not exceed 8% of the aggregate amount appropriated
9to that State agency for operational or lump sum expenses for
10State fiscal year 2024. For the purpose of this subsection,
11"operational or lump sum expenses" includes the following
12objects: personal services; extra help; student and inmate
13compensation; State contributions to retirement systems; State
14contributions to social security; State contributions for
15employee group insurance; contractual services; travel;
16commodities; printing; equipment; electronic data processing;
17operation of automotive equipment; telecommunications
18services; travel and allowance for committed, paroled, and
19discharged prisoners; library books; federal matching grants
20for student loans; refunds; workers' compensation,
21occupational disease, and tort claims; late interest penalties
22under the State Prompt Payment Act and Sections 368a and 370a
23of the Illinois Insurance Code; lump sum and other purposes;
24and lump sum operations. For the purpose of this subsection,
25"State agency" does not include the Attorney General, the
26Secretary of State, the Comptroller, the Treasurer, or the

 

 

HB5402- 9 -LRB103 36072 HLH 69679 b

1judicial or legislative branches.
2    (c-15) Beginning in State fiscal year 2025, transfers
3among line item appropriations to a State agency from the same
4State treasury fund shall not exceed 1% of the aggregate
5amount appropriated to that State agency for the same category
6of appropriation. Moneys appropriated to a State agency as a
7result of grants, reimbursements, or matching funds received
8from an outside party, including, but not limited to, the
9federal government, may not be transferred to a different line
10item appropriation or to a different State agency.
11    (d) Transfers among appropriations made to agencies of the
12Legislative and Judicial departments and to the
13constitutionally elected officers in the Executive branch
14require the approval of the officer authorized in Section 10
15of this Act to approve and certify vouchers. Transfers among
16appropriations made to the University of Illinois, Southern
17Illinois University, Chicago State University, Eastern
18Illinois University, Governors State University, Illinois
19State University, Northeastern Illinois University, Northern
20Illinois University, Western Illinois University, the Illinois
21Mathematics and Science Academy and the Board of Higher
22Education require the approval of the Board of Higher
23Education and the Governor. Transfers among appropriations to
24all other agencies require the approval of the Governor.
25    The officer responsible for approval shall certify that
26the transfer is necessary to carry out the programs and

 

 

HB5402- 10 -LRB103 36072 HLH 69679 b

1purposes for which the appropriations were made by the General
2Assembly and shall transmit to the State Comptroller a
3certified copy of the approval which shall set forth the
4specific amounts transferred so that the Comptroller may
5change his records accordingly. The Comptroller shall furnish
6the Governor with information copies of all transfers approved
7for agencies of the Legislative and Judicial departments and
8transfers approved by the constitutionally elected officials
9of the Executive branch other than the Governor, showing the
10amounts transferred and indicating the dates such changes were
11entered on the Comptroller's records.
12    (e) The State Board of Education, in consultation with the
13State Comptroller, may transfer line item appropriations for
14General State Aid or Evidence-Based Funding among the Common
15School Fund and the Education Assistance Fund, and, for State
16fiscal year 2020 and each fiscal year thereafter, the Fund for
17the Advancement of Education. With the advice and consent of
18the Governor's Office of Management and Budget, the State
19Board of Education, in consultation with the State
20Comptroller, may transfer line item appropriations between the
21General Revenue Fund and the Education Assistance Fund for the
22following 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);

 

 

HB5402- 11 -LRB103 36072 HLH 69679 b

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
15thereafter, the Department on Aging, in consultation with the
16State Comptroller, with the advice and consent of the
17Governor's Office of Management and Budget, may transfer line
18item appropriations for purchase of services covered by the
19Community Care Program between the General Revenue Fund and
20the Commitment to Human Services Fund.
21    (g) For State fiscal year 2024 and each fiscal year
22thereafter, if requested by an agency chief executive officer
23and authorized and approved by the Comptroller, the
24Comptroller may direct and the Treasurer shall transfer funds
25from the General Revenue Fund to fund payroll expenses that
26meet the payroll transaction exception criteria as defined by

 

 

HB5402- 12 -LRB103 36072 HLH 69679 b

1the Comptroller in the Statewide Accounting Management System
2(SAMS) Manual. The agency shall then transfer these funds back
3to the General Revenue Fund within 7 days.
4(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5103-8, eff. 6-7-23.)