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Public Act 093-0680
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| SB2213 Enrolled |
LRB093 15830 RCE 41447 b |
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AN ACT in relation to budget implementation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing |
Section 13.2 as follows:
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(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
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Sec. 13.2. Transfers among line item appropriations.
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(a) Transfers among line item appropriations from the same
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treasury fund for the objects specified in this Section may be |
made in
the manner provided in this Section when the balance |
remaining in one or
more such line item appropriations is |
insufficient for the purpose for
which the appropriation was |
made.
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(a-1) No transfers may be made from one
agency to another |
agency, nor may transfers be made from one institution
of |
higher education to another institution of higher education.
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(a-2) Transfers may be made only among the objects of |
expenditure enumerated
in this Section, except that no funds |
may be transferred from any
appropriation for personal |
services, from any appropriation for State
contributions to the |
State Employees' Retirement System, from any
separate |
appropriation for employee retirement contributions paid by |
the
employer, nor from any appropriation for State contribution |
for
employee group insurance. |
(a-3) Further, if an agency receives a separate
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appropriation for employee retirement contributions paid by |
the employer,
any transfer by that agency into an appropriation |
for personal services
must be accompanied by a corresponding |
transfer into the appropriation for
employee retirement |
contributions paid by the employer, in an amount
sufficient to |
meet the employer share of the employee contributions
required |
to be remitted to the retirement system.
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(b) In addition to the general transfer authority provided |
under
subsection (c), the following agencies have the specific |
transfer authority
granted in this subsection:
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The Illinois Department of Public Aid is authorized to make |
transfers
representing savings attributable to not increasing |
grants due to the
births of additional children from line items |
for payments of cash grants to
line items for payments for |
employment and social services for the purposes
outlined in |
subsection (f) of Section 4-2 of the Illinois Public Aid Code.
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The Department of Children and Family Services is |
authorized to make
transfers not exceeding 2% of the aggregate |
amount appropriated to it within
the same treasury fund for the |
following line items among these same line
items: Foster Home |
and Specialized Foster Care and Prevention, Institutions
and |
Group Homes and Prevention, and Purchase of Adoption and |
Guardianship
Services.
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The Department on Aging is authorized to make transfers not
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exceeding 2% of the aggregate amount appropriated to it within |
the same
treasury fund for the following Community Care Program |
line items among these
same line items: Homemaker and Senior |
Companion Services, Case Coordination
Units, and Adult Day Care |
Services.
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The State Treasurer is authorized to make transfers among |
line item
appropriations
from the Capital Litigation Trust |
Fund, with respect to costs incurred in
fiscal years 2002 and |
2003 only, when the balance remaining in one or
more such
line |
item appropriations is insufficient for the purpose for which |
the
appropriation was
made, provided that no such transfer may |
be made unless the amount transferred
is no
longer required for |
the purpose for which that appropriation was made.
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(c) The sum of such transfers for an agency in a fiscal |
year shall not
exceed 2% of the aggregate amount appropriated |
to it within the same treasury
fund for the following objects: |
Personal Services; Extra Help; Student and
Inmate |
Compensation; State Contributions to Retirement Systems; State
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Contributions to Social Security; State Contribution for |
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Employee Group
Insurance; Contractual Services; Travel; |
Commodities; Printing; Equipment;
Electronic Data Processing; |
Operation of Automotive Equipment;
Telecommunications |
Services; Travel and Allowance for Committed, Paroled
and |
Discharged Prisoners; Library Books; Federal Matching Grants |
for
Student Loans; Refunds; Workers' Compensation, |
Occupational Disease, and
Tort Claims; and, in appropriations |
to institutions of higher education,
Awards and Grants. |
Notwithstanding the above, any amounts appropriated for
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payment of workers' compensation claims to an agency to which |
the authority
to evaluate, administer and pay such claims has |
been delegated by the
Department of Central Management Services |
may be transferred to any other
expenditure object where such |
amounts exceed the amount necessary for the
payment of such |
claims.
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(c-1) Special provisions for State fiscal year 2003. |
Notwithstanding any
other provision of this Section to the |
contrary, for State fiscal year 2003
only, transfers among line |
item appropriations to an agency from the same
treasury fund |
may be made provided that the sum of such transfers for an |
agency
in State fiscal year 2003 shall not exceed 3% of the |
aggregate amount
appropriated to that State agency for State |
fiscal year 2003 for the following
objects: personal services, |
except that no transfer may be approved which
reduces the |
aggregate appropriations for personal services within an |
agency;
extra help; student and inmate compensation; State
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contributions to retirement systems; State contributions to |
social security;
State contributions for employee group |
insurance; contractual services; travel;
commodities; |
printing; equipment; electronic data processing; operation of
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automotive equipment; telecommunications services; travel and |
allowance for
committed, paroled, and discharged prisoners; |
library books; federal matching
grants for student loans; |
refunds; workers' compensation, occupational disease,
and tort |
claims; and, in appropriations to institutions of higher |
education,
awards and grants.
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(c-2) Special provisions for State fiscal year 2005. |
Notwithstanding subsections (a), (a-2), and (c), for State |
fiscal year 2005 only, transfers may be made among any line |
item appropriations from the same or any other treasury fund |
for any objects or purposes, without limitation, when the |
balance remaining in one or more such line item appropriations |
is insufficient for the purpose for which the appropriation was |
made, provided that the sum of those transfers by a State |
agency shall not exceed 4% of the aggregate amount appropriated |
to that State agency for fiscal year 2005.
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(d) Transfers among appropriations made to agencies of the |
Legislative
and Judicial departments and to the |
constitutionally elected officers in the
Executive branch |
require the approval of the officer authorized in Section 10
of |
this Act to approve and certify vouchers. Transfers among |
appropriations
made to the University of Illinois, Southern |
Illinois University, Chicago State
University, Eastern |
Illinois University, Governors State University, Illinois
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State University, Northeastern Illinois University, Northern |
Illinois
University, Western Illinois University, the Illinois |
Mathematics and Science
Academy and the Board of Higher |
Education require the approval of the Board of
Higher Education |
and the Governor. Transfers among appropriations to all other
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agencies require the approval of the Governor.
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The officer responsible for approval shall certify that the
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transfer is necessary to carry out the programs and purposes |
for which
the appropriations were made by the General Assembly |
and shall transmit
to the State Comptroller a certified copy of |
the approval which shall
set forth the specific amounts |
transferred so that the Comptroller may
change his records |
accordingly. The Comptroller shall furnish the
Governor with |
information copies of all transfers approved for agencies
of |
the Legislative and Judicial departments and transfers |
approved by
the constitutionally elected officials of the |
Executive branch other
than the Governor, showing the amounts |
transferred and indicating the
dates such changes were entered |