Full Text of SB0349 97th General Assembly
SB0349sam001 97TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 349
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 349 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | except as provided by subsection (a-4).
| 2 | | (a-2) Except as otherwise provided in this Section, | 3 | | transfers may be made only among the objects of expenditure | 4 | | enumerated
in this Section, except that no funds may be | 5 | | transferred from any
appropriation for personal services, from | 6 | | any appropriation for State
contributions to the State | 7 | | Employees' Retirement System, from any
separate appropriation | 8 | | for employee retirement contributions paid by the
employer, nor | 9 | | from any appropriation for State contribution for
employee | 10 | | group insurance. During State fiscal year 2005, an agency may | 11 | | transfer amounts among its appropriations within the same | 12 | | treasury fund for personal services, employee retirement | 13 | | contributions paid by employer, and State Contributions to | 14 | | retirement systems; notwithstanding and in addition to the | 15 | | transfers authorized in subsection (c) of this Section, the | 16 | | fiscal year 2005 transfers authorized in this sentence may be | 17 | | made in an amount not to exceed 2% of the aggregate amount | 18 | | appropriated to an agency within the same treasury fund. During | 19 | | State fiscal year 2007, the Departments of Children and Family | 20 | | Services, Corrections, Human Services, and Juvenile Justice | 21 | | may transfer amounts among their respective appropriations | 22 | | within the same treasury fund for personal services, employee | 23 | | retirement contributions paid by employer, and State | 24 | | contributions to retirement systems. During State fiscal year | 25 | | 2010, the Department of Transportation may transfer amounts | 26 | | among their respective appropriations within the same treasury |
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| 1 | | fund for personal services, employee retirement contributions | 2 | | paid by employer, and State contributions to retirement | 3 | | systems. During State fiscal year 2010 only, an agency may | 4 | | transfer amounts among its respective appropriations within | 5 | | the same treasury fund for personal services, employee | 6 | | retirement contributions paid by employer, and State | 7 | | contributions to retirement systems. Notwithstanding, and in | 8 | | addition to, the transfers authorized in subsection (c) of this | 9 | | Section, these transfers may be made in an amount not to exceed | 10 | | 2% of the aggregate amount appropriated to an agency within the | 11 | | same treasury fund.
| 12 | | (a-3) Further, if an agency receives a separate
| 13 | | appropriation for employee retirement contributions paid by | 14 | | the employer,
any transfer by that agency into an appropriation | 15 | | for personal services
must be accompanied by a corresponding | 16 | | transfer into the appropriation for
employee retirement | 17 | | contributions paid by the employer, in an amount
sufficient to | 18 | | meet the employer share of the employee contributions
required | 19 | | to be remitted to the retirement system. | 20 | | (a-4) Long-Term Care Rebalancing. The Governor may | 21 | | designate amounts set aside for institutional services | 22 | | appropriated from the General Revenue Fund or any other State | 23 | | fund that receives monies for long-term care services to be | 24 | | transferred to all State agencies responsible for the | 25 | | administration of community-based long-term care programs, | 26 | | including, but not limited to, community-based long-term care |
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| 1 | | programs administered by the Department of Healthcare and | 2 | | Family Services, the Department of Human Services, and the | 3 | | Department on Aging, provided that the Director of Healthcare | 4 | | and Family Services first certifies that the amounts being | 5 | | transferred are necessary for the purpose of assisting persons | 6 | | in or at risk of being in institutional care to transition to | 7 | | community-based settings, including the financial data needed | 8 | | to prove the need for the transfer of funds. The total amounts | 9 | | transferred shall not exceed 4% in total of the amounts | 10 | | appropriated from the General Revenue Fund or any other State | 11 | | fund that receives monies for long-term care services for each | 12 | | fiscal year. A notice of the fund transfer must be made to the | 13 | | General Assembly and posted at a minimum on the Department of | 14 | | Healthcare and Family Services website, the Governor's Office | 15 | | of Management and Budget website, and any other website the | 16 | | Governor sees fit. These postings shall serve as notice to the | 17 | | General Assembly of the amounts to be transferred. Notice shall | 18 | | be given at least 30 days prior to transfer. | 19 | | (b) In addition to the general transfer authority provided | 20 | | under
subsection (c), the following agencies have the specific | 21 | | transfer authority
granted in this subsection: | 22 | | The Department of Healthcare and Family Services is | 23 | | authorized to make transfers
representing savings attributable | 24 | | to not increasing grants due to the
births of additional | 25 | | children from line items for payments of cash grants to
line | 26 | | items for payments for employment and social services for the |
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| 1 | | purposes
outlined in subsection (f) of Section 4-2 of the | 2 | | Illinois Public Aid Code. | 3 | | The Department of Children and Family Services is | 4 | | authorized to make
transfers not exceeding 2% of the aggregate | 5 | | amount appropriated to it within
the same treasury fund for the | 6 | | following line items among these same line
items: Foster Home | 7 | | and Specialized Foster Care and Prevention, Institutions
and | 8 | | Group Homes and Prevention, and Purchase of Adoption and | 9 | | Guardianship
Services. | 10 | | The Department on Aging is authorized to make transfers not
| 11 | | exceeding 2% of the aggregate amount appropriated to it within | 12 | | the same
treasury fund for the following Community Care Program | 13 | | line items among these
same line items: Homemaker and Senior | 14 | | Companion Services, Alternative Senior Services, Case | 15 | | Coordination
Units, and Adult Day Care Services. | 16 | | The State Treasurer is authorized to make transfers among | 17 | | line item
appropriations
from the Capital Litigation Trust | 18 | | Fund, with respect to costs incurred in
fiscal years 2002 and | 19 | | 2003 only, when the balance remaining in one or
more such
line | 20 | | item appropriations is insufficient for the purpose for which | 21 | | the
appropriation was
made, provided that no such transfer may | 22 | | be made unless the amount transferred
is no
longer required for | 23 | | the purpose for which that appropriation was made. | 24 | | The State Board of Education is authorized to make | 25 | | transfers from line item appropriations within the same | 26 | | treasury fund for General State Aid and General State Aid - |
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| 1 | | Hold Harmless, provided that no such transfer may be made | 2 | | unless the amount transferred is no longer required for the | 3 | | purpose for which that appropriation was made, to the line item | 4 | | appropriation for Transitional Assistance when the balance | 5 | | remaining in such line item appropriation is insufficient for | 6 | | the purpose for which the appropriation was made. | 7 | | The State Board of Education is authorized to make | 8 | | transfers between the following line item appropriations | 9 | | within the same treasury fund: Disabled Student | 10 | | Services/Materials (Section 14-13.01 of the School Code), | 11 | | Disabled Student Transportation Reimbursement (Section | 12 | | 14-13.01 of the School Code), Disabled Student Tuition - | 13 | | Private Tuition (Section 14-7.02 of the School Code), | 14 | | Extraordinary Special Education (Section 14-7.02b of the | 15 | | School Code), Reimbursement for Free Lunch/Breakfast Program, | 16 | | Summer School Payments (Section 18-4.3 of the School Code), and | 17 | | Transportation - Regular/Vocational Reimbursement (Section | 18 | | 29-5 of the School Code). Such transfers shall be made only | 19 | | when the balance remaining in one or more such line item | 20 | | appropriations is insufficient for the purpose for which the | 21 | | appropriation was made and provided that no such transfer may | 22 | | be made unless the amount transferred is no longer required for | 23 | | the purpose for which that appropriation was made. | 24 | | During State fiscal years 2010 , and 2011 , and 2012 only, | 25 | | the Department of Healthcare and Family Services is authorized | 26 | | to make transfers not exceeding 4% of the aggregate amount |
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| 1 | | appropriated to it, within the same treasury fund, among the | 2 | | various line items appropriated for Medical Assistance. | 3 | | (c) The sum of such transfers for an agency in a fiscal | 4 | | year shall not
exceed 2% of the aggregate amount appropriated | 5 | | to it within the same treasury
fund for the following objects: | 6 | | Personal Services; Extra Help; Student and
Inmate | 7 | | Compensation; State Contributions to Retirement Systems; State
| 8 | | Contributions to Social Security; State Contribution for | 9 | | Employee Group
Insurance; Contractual Services; Travel; | 10 | | Commodities; Printing; Equipment;
Electronic Data Processing; | 11 | | Operation of Automotive Equipment;
Telecommunications | 12 | | Services; Travel and Allowance for Committed, Paroled
and | 13 | | Discharged Prisoners; Library Books; Federal Matching Grants | 14 | | for
Student Loans; Refunds; Workers' Compensation, | 15 | | Occupational Disease, and
Tort Claims; and, in appropriations | 16 | | to institutions of higher education,
Awards and Grants. | 17 | | Notwithstanding the above, any amounts appropriated for
| 18 | | payment of workers' compensation claims to an agency to which | 19 | | the authority
to evaluate, administer and pay such claims has | 20 | | been delegated by the
Department of Central Management Services | 21 | | may be transferred to any other
expenditure object where such | 22 | | amounts exceed the amount necessary for the
payment of such | 23 | | claims. | 24 | | (c-1) Special provisions for State fiscal year 2003. | 25 | | Notwithstanding any
other provision of this Section to the | 26 | | contrary, for State fiscal year 2003
only, transfers among line |
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| 1 | | item appropriations to an agency from the same
treasury fund | 2 | | may be made provided that the sum of such transfers for an | 3 | | agency
in State fiscal year 2003 shall not exceed 3% of the | 4 | | aggregate amount
appropriated to that State agency for State | 5 | | fiscal year 2003 for the following
objects: personal services, | 6 | | except that no transfer may be approved which
reduces the | 7 | | aggregate appropriations for personal services within an | 8 | | agency;
extra help; student and inmate compensation; State
| 9 | | contributions to retirement systems; State contributions to | 10 | | social security;
State contributions for employee group | 11 | | insurance; contractual services; travel;
commodities; | 12 | | printing; equipment; electronic data processing; operation of
| 13 | | automotive equipment; telecommunications services; travel and | 14 | | allowance for
committed, paroled, and discharged prisoners; | 15 | | library books; federal matching
grants for student loans; | 16 | | refunds; workers' compensation, occupational disease,
and tort | 17 | | claims; and, in appropriations to institutions of higher | 18 | | education,
awards and grants. | 19 | | (c-2) Special provisions for State fiscal year 2005. | 20 | | Notwithstanding subsections (a), (a-2), and (c), for State | 21 | | fiscal year 2005 only, transfers may be made among any line | 22 | | item appropriations from the same or any other treasury fund | 23 | | for any objects or purposes, without limitation, when the | 24 | | balance remaining in one or more such line item appropriations | 25 | | is insufficient for the purpose for which the appropriation was | 26 | | made, provided that the sum of those transfers by a State |
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| 1 | | agency shall not exceed 4% of the aggregate amount appropriated | 2 | | to that State agency for fiscal year 2005.
| 3 | | (d) Transfers among appropriations made to agencies of the | 4 | | Legislative
and Judicial departments and to the | 5 | | constitutionally elected officers in the
Executive branch | 6 | | require the approval of the officer authorized in Section 10
of | 7 | | this Act to approve and certify vouchers. Transfers among | 8 | | appropriations
made to the University of Illinois, Southern | 9 | | Illinois University, Chicago State
University, Eastern | 10 | | Illinois University, Governors State University, Illinois
| 11 | | State University, Northeastern Illinois University, Northern | 12 | | Illinois
University, Western Illinois University, the Illinois | 13 | | Mathematics and Science
Academy and the Board of Higher | 14 | | Education require the approval of the Board of
Higher Education | 15 | | and the Governor. Transfers among appropriations to all other
| 16 | | agencies require the approval of the Governor. | 17 | | The officer responsible for approval shall certify that the
| 18 | | transfer is necessary to carry out the programs and purposes | 19 | | for which
the appropriations were made by the General Assembly | 20 | | and shall transmit
to the State Comptroller a certified copy of | 21 | | the approval which shall
set forth the specific amounts | 22 | | transferred so that the Comptroller may
change his records | 23 | | accordingly. The Comptroller shall furnish the
Governor with | 24 | | information copies of all transfers approved for agencies
of | 25 | | the Legislative and Judicial departments and transfers | 26 | | approved by
the constitutionally elected officials of the |
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| 1 | | Executive branch other
than the Governor, showing the amounts | 2 | | transferred and indicating the
dates such changes were entered | 3 | | on the Comptroller's records. | 4 | | (e) The State Board of Education, in consultation with the | 5 | | State Comptroller, may transfer line item appropriations for | 6 | | General State Aid between the Common School Fund and the | 7 | | Education Assistance Fund. With the advice and consent of the | 8 | | Governor's Office of Management and Budget, the State Board of | 9 | | Education, in consultation with the State Comptroller, may | 10 | | transfer line item appropriations between the General Revenue | 11 | | Fund and the Education Assistance Fund for the following | 12 | | programs: | 13 | | (1) Disabled Student Personnel Reimbursement (Section | 14 | | 14-13.01 of the School Code); | 15 | | (2) Disabled Student Transportation Reimbursement | 16 | | (subsection (b) of Section 14-13.01 of the School Code); | 17 | | (3) Disabled Student Tuition - Private Tuition | 18 | | (Section 14-7.02 of the School Code); | 19 | | (4) Extraordinary Special Education (Section 14-7.02b | 20 | | of the School Code); | 21 | | (5) Reimbursement for Free Lunch/Breakfast Programs; | 22 | | (6) Summer School Payments (Section 18-4.3 of the | 23 | | School Code); | 24 | | (7) Transportation - Regular/Vocational Reimbursement | 25 | | (Section 29-5 of the School Code); | 26 | | (8) Regular Education Reimbursement (Section 18-3 of |
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| 1 | | the School Code); and | 2 | | (9) Special Education Reimbursement (Section 14-7.03 | 3 | | of the School Code). | 4 | | (Source: P.A. 95-707, eff. 1-11-08; 96-37, eff. 7-13-09; | 5 | | 96-820, eff. 11-18-09; 96-959, eff. 7-1-10; 96-1086, eff. | 6 | | 7-16-10; 96-1501, eff. 1-25-11.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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