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1 | AN ACT concerning education.
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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.
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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.
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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.
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17 | (a-2) Except as otherwise provided in this Section, | ||||||||||||||||||||||||
18 | transfers may be made only among the objects of expenditure | ||||||||||||||||||||||||
19 | enumerated
in this Section, except that no funds may be | ||||||||||||||||||||||||
20 | transferred from any
appropriation for personal services, from | ||||||||||||||||||||||||
21 | any appropriation for State
contributions to the State | ||||||||||||||||||||||||
22 | Employees' Retirement System, from any
separate appropriation | ||||||||||||||||||||||||
23 | for employee retirement contributions paid by the
employer, nor |
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1 | from any appropriation for State contribution for
employee | ||||||
2 | group insurance. During State fiscal year 2005, an agency may | ||||||
3 | transfer amounts among its appropriations within the same | ||||||
4 | treasury fund for personal services, employee retirement | ||||||
5 | contributions paid by employer, and State Contributions to | ||||||
6 | retirement systems; notwithstanding and in addition to the | ||||||
7 | transfers authorized in subsection (c) of this Section, the | ||||||
8 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
9 | made in an amount not to exceed 2% of the aggregate amount | ||||||
10 | appropriated to an agency within the same treasury fund. During | ||||||
11 | State fiscal year 2007, the Departments of Children and Family | ||||||
12 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
13 | may transfer amounts among their respective appropriations | ||||||
14 | within the same treasury fund for personal services, employee | ||||||
15 | retirement contributions paid by employer, and State | ||||||
16 | contributions to retirement systems. Notwithstanding, and in | ||||||
17 | addition to, the transfers authorized in subsection (c) of this | ||||||
18 | Section, these transfers may be made in an amount not to exceed | ||||||
19 | 2% of the aggregate amount appropriated to an agency within the | ||||||
20 | same treasury fund.
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21 | (a-3) Further, if an agency receives a separate
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22 | appropriation for employee retirement contributions paid by | ||||||
23 | the employer,
any transfer by that agency into an appropriation | ||||||
24 | for personal services
must be accompanied by a corresponding | ||||||
25 | transfer into the appropriation for
employee retirement | ||||||
26 | contributions paid by the employer, in an amount
sufficient to |
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1 | meet the employer share of the employee contributions
required | ||||||
2 | to be remitted to the retirement system.
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3 | (b) In addition to the general transfer authority provided | ||||||
4 | under
subsection (c), the following agencies have the specific | ||||||
5 | transfer authority
granted in this subsection:
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6 | The Department of Healthcare and Family Services is | ||||||
7 | authorized to make transfers
representing savings attributable | ||||||
8 | to not increasing grants due to the
births of additional | ||||||
9 | children from line items for payments of cash grants to
line | ||||||
10 | items for payments for employment and social services for the | ||||||
11 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
12 | Illinois Public Aid Code.
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13 | The Department of Children and Family Services is | ||||||
14 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
15 | amount appropriated to it within
the same treasury fund for the | ||||||
16 | following line items among these same line
items: Foster Home | ||||||
17 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
18 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
19 | Guardianship
Services.
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20 | The Department on Aging is authorized to make transfers not
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21 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
22 | the same
treasury fund for the following Community Care Program | ||||||
23 | line items among these
same line items: Homemaker and Senior | ||||||
24 | Companion Services, Alternative Senior Services, Case | ||||||
25 | Coordination
Units, and Adult Day Care Services.
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26 | The State Treasurer is authorized to make transfers among |
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1 | line item
appropriations
from the Capital Litigation Trust | ||||||
2 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
3 | 2003 only, when the balance remaining in one or
more such
line | ||||||
4 | item appropriations is insufficient for the purpose for which | ||||||
5 | the
appropriation was
made, provided that no such transfer may | ||||||
6 | be made unless the amount transferred
is no
longer required for | ||||||
7 | the purpose for which that appropriation was made.
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8 | The State Board of Education is authorized to make | ||||||
9 | transfers from line item appropriations within the same | ||||||
10 | treasury fund for General State Aid and General State Aid - | ||||||
11 | Hold Harmless, provided that no such transfer may be made | ||||||
12 | unless the amount transferred is no longer required for the | ||||||
13 | purpose for which that appropriation was made, to the line item | ||||||
14 | appropriation for Transitional Assistance when the balance | ||||||
15 | remaining in such line item appropriation is insufficient for | ||||||
16 | the purpose for which the appropriation was made. | ||||||
17 | The State Board of Education is authorized to make | ||||||
18 | transfers between the following line item appropriations | ||||||
19 | within the same treasury fund: Disabled Student | ||||||
20 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
21 | Disabled Student Transportation Reimbursement (Section | ||||||
22 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
23 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
24 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
25 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
26 | Summer School Payments (Section 18-4.3 of the School Code), and |
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1 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
2 | 29-5 of the School Code). Such transfers shall be made only | ||||||
3 | when the balance remaining in one or more such line item | ||||||
4 | appropriations is insufficient for the purpose for which the | ||||||
5 | appropriation was made and provided that no such transfer may | ||||||
6 | be made unless the amount transferred is no longer required for | ||||||
7 | the purpose for which that appropriation was made. | ||||||
8 | The State Board of Education is authorized to make | ||||||
9 | transfers between the following line item appropriations | ||||||
10 | regardless of the treasury fund from which it is appropriated: | ||||||
11 | General State Aid and General State Aid - Hold Harmless. Such | ||||||
12 | transfers shall be made only when the balance remaining in one | ||||||
13 | or more such line item appropriations is insufficient for the | ||||||
14 | purpose for which the appropriation was made and provided that | ||||||
15 | no such transfer may be made unless the amount transferred is | ||||||
16 | no longer required for the purpose for which that appropriation | ||||||
17 | was made. | ||||||
18 | (c) The sum of such transfers for an agency in a fiscal | ||||||
19 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
20 | to it within the same treasury
fund for the following objects: | ||||||
21 | Personal Services; Extra Help; Student and
Inmate | ||||||
22 | Compensation; State Contributions to Retirement Systems; State
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23 | Contributions to Social Security; State Contribution for | ||||||
24 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
25 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
26 | Operation of Automotive Equipment;
Telecommunications |
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1 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
2 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
3 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
4 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
5 | to institutions of higher education,
Awards and Grants. | ||||||
6 | Notwithstanding the above, any amounts appropriated for
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7 | payment of workers' compensation claims to an agency to which | ||||||
8 | the authority
to evaluate, administer and pay such claims has | ||||||
9 | been delegated by the
Department of Central Management Services | ||||||
10 | may be transferred to any other
expenditure object where such | ||||||
11 | amounts exceed the amount necessary for the
payment of such | ||||||
12 | claims.
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13 | (c-1) Special provisions for State fiscal year 2003. | ||||||
14 | Notwithstanding any
other provision of this Section to the | ||||||
15 | contrary, for State fiscal year 2003
only, transfers among line | ||||||
16 | item appropriations to an agency from the same
treasury fund | ||||||
17 | may be made provided that the sum of such transfers for an | ||||||
18 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
19 | aggregate amount
appropriated to that State agency for State | ||||||
20 | fiscal year 2003 for the following
objects: personal services, | ||||||
21 | except that no transfer may be approved which
reduces the | ||||||
22 | aggregate appropriations for personal services within an | ||||||
23 | agency;
extra help; student and inmate compensation; State
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24 | contributions to retirement systems; State contributions to | ||||||
25 | social security;
State contributions for employee group | ||||||
26 | insurance; contractual services; travel;
commodities; |
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1 | printing; equipment; electronic data processing; operation of
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2 | automotive equipment; telecommunications services; travel and | ||||||
3 | allowance for
committed, paroled, and discharged prisoners; | ||||||
4 | library books; federal matching
grants for student loans; | ||||||
5 | refunds; workers' compensation, occupational disease,
and tort | ||||||
6 | claims; and, in appropriations to institutions of higher | ||||||
7 | education,
awards and grants.
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8 | (c-2) Special provisions for State fiscal year 2005. | ||||||
9 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
10 | fiscal year 2005 only, transfers may be made among any line | ||||||
11 | item appropriations from the same or any other treasury fund | ||||||
12 | for any objects or purposes, without limitation, when the | ||||||
13 | balance remaining in one or more such line item appropriations | ||||||
14 | is insufficient for the purpose for which the appropriation was | ||||||
15 | made, provided that the sum of those transfers by a State | ||||||
16 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
17 | to that State agency for fiscal year 2005.
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18 | (d) Transfers among appropriations made to agencies of the | ||||||
19 | Legislative
and Judicial departments and to the | ||||||
20 | constitutionally elected officers in the
Executive branch | ||||||
21 | require the approval of the officer authorized in Section 10
of | ||||||
22 | this Act to approve and certify vouchers. Transfers among | ||||||
23 | appropriations
made to the University of Illinois, Southern | ||||||
24 | Illinois University, Chicago State
University, Eastern | ||||||
25 | Illinois University, Governors State University, Illinois
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26 | State University, Northeastern Illinois University, Northern |
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1 | Illinois
University, Western Illinois University, the Illinois | ||||||
2 | Mathematics and Science
Academy and the Board of Higher | ||||||
3 | Education require the approval of the Board of
Higher Education | ||||||
4 | and the Governor. Transfers among appropriations to all other
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5 | agencies require the approval of the Governor.
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6 | The officer responsible for approval shall certify that the
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7 | transfer is necessary to carry out the programs and purposes | ||||||
8 | for which
the appropriations were made by the General Assembly | ||||||
9 | and shall transmit
to the State Comptroller a certified copy of | ||||||
10 | the approval which shall
set forth the specific amounts | ||||||
11 | transferred so that the Comptroller may
change his records | ||||||
12 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
13 | information copies of all transfers approved for agencies
of | ||||||
14 | the Legislative and Judicial departments and transfers | ||||||
15 | approved by
the constitutionally elected officials of the | ||||||
16 | Executive branch other
than the Governor, showing the amounts | ||||||
17 | transferred and indicating the
dates such changes were entered | ||||||
18 | on the Comptroller's records.
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19 | (e) The State Board of Education, in consultation with the | ||||||
20 | State Comptroller, may transfer line item appropriations for | ||||||
21 | General State Aid from the Common School Fund to the Education | ||||||
22 | Assistance Fund. | ||||||
23 | (Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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