Full Text of HB5207 103rd General Assembly
HB5207 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5207 Introduced 2/9/2024, by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: | | 30 ILCS 105/13.2 | from Ch. 127, par. 149.2 |
| Amends the State Finance Act. Removes language providing that, for State fiscal year 2024, transfers among line item appropriations to a State agency from the same State treasury fund may be made for operational or lump sum expenses only, provided that the sum of such transfers for a State agency in State fiscal year 2024 shall not exceed 8% of the aggregate amount appropriated to that State agency for operational or lump sum expenses for State fiscal year 2024. |
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| | A BILL FOR |
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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) (Blank). Special provisions for State fiscal year | 3 | | 2024. Notwithstanding any other provision of this Section, for | 4 | | State fiscal year 2024, transfers among line item | 5 | | appropriations to a State agency from the same State treasury | 6 | | fund may be made for operational or lump sum expenses only, | 7 | | provided that the sum of such transfers for a State agency in | 8 | | State fiscal year 2024 shall not exceed 8% of the aggregate | 9 | | amount appropriated to that State agency for operational or | 10 | | lump sum expenses for State fiscal year 2024. For the purpose | 11 | | of this subsection, "operational or lump sum expenses" | 12 | | includes the following objects: personal services; extra help; | 13 | | student and inmate compensation; State contributions to | 14 | | retirement systems; State contributions to social security; | 15 | | State contributions for employee group insurance; contractual | 16 | | services; travel; commodities; printing; equipment; electronic | 17 | | data processing; operation of automotive equipment; | 18 | | telecommunications services; travel and allowance for | 19 | | committed, paroled, and discharged prisoners; library books; | 20 | | federal matching grants for student loans; refunds; workers' | 21 | | compensation, occupational disease, and tort claims; late | 22 | | interest penalties under the State Prompt Payment Act and | 23 | | Sections 368a and 370a of the Illinois Insurance Code; lump | 24 | | sum and other purposes; and lump sum operations. For the | 25 | | purpose of this subsection, "State agency" does not include | 26 | | the Attorney General, the Secretary of State, the Comptroller, |
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| 1 | | the Treasurer, or the judicial or legislative branches. | 2 | | (d) Transfers among appropriations made to agencies of the | 3 | | Legislative and Judicial departments and to the | 4 | | constitutionally elected officers in the Executive branch | 5 | | require the approval of the officer authorized in Section 10 | 6 | | of this Act to approve and certify vouchers. Transfers among | 7 | | appropriations made to the University of Illinois, Southern | 8 | | Illinois University, Chicago State University, Eastern | 9 | | Illinois University, Governors State University, Illinois | 10 | | State University, Northeastern Illinois University, Northern | 11 | | Illinois University, Western Illinois University, the Illinois | 12 | | Mathematics and Science Academy and the Board of Higher | 13 | | Education require the approval of the Board of Higher | 14 | | Education and the Governor. Transfers among appropriations to | 15 | | all other agencies require the approval of the Governor. | 16 | | The officer responsible for approval shall certify that | 17 | | the transfer is necessary to carry out the programs and | 18 | | purposes for which the appropriations were made by the General | 19 | | Assembly and shall transmit to the State Comptroller a | 20 | | certified copy of the approval which shall set forth the | 21 | | specific amounts transferred so that the Comptroller may | 22 | | change his records accordingly. The Comptroller shall furnish | 23 | | the Governor with information copies of all transfers approved | 24 | | for agencies of the Legislative and Judicial departments and | 25 | | transfers approved by the constitutionally elected officials | 26 | | of the Executive branch other than the Governor, showing the |
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| 1 | | amounts transferred and indicating the dates such changes were | 2 | | entered on the Comptroller's records. | 3 | | (e) The State Board of Education, in consultation with the | 4 | | State Comptroller, may transfer line item appropriations for | 5 | | General State Aid or Evidence-Based Funding among the Common | 6 | | School Fund and the Education Assistance Fund, and, for State | 7 | | fiscal year 2020 and each fiscal year thereafter, the Fund for | 8 | | the Advancement of Education. With the advice and consent of | 9 | | the Governor's Office of Management and Budget, the State | 10 | | Board of Education, in consultation with the State | 11 | | Comptroller, may transfer line item appropriations between the | 12 | | General Revenue Fund and the Education Assistance Fund for the | 13 | | following programs: | 14 | | (1) Disabled Student Personnel Reimbursement (Section | 15 | | 14-13.01 of the School Code); | 16 | | (2) Disabled Student Transportation Reimbursement | 17 | | (subsection (b) of Section 14-13.01 of the School Code); | 18 | | (3) Disabled Student Tuition - Private Tuition | 19 | | (Section 14-7.02 of the School Code); | 20 | | (4) Extraordinary Special Education (Section 14-7.02b | 21 | | of the School Code); | 22 | | (5) Reimbursement for Free Lunch/Breakfast Programs; | 23 | | (6) Summer School Payments (Section 18-4.3 of the | 24 | | School Code); | 25 | | (7) Transportation - Regular/Vocational Reimbursement | 26 | | (Section 29-5 of the School Code); |
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| 1 | | (8) Regular Education Reimbursement (Section 18-3 of | 2 | | the School Code); and | 3 | | (9) Special Education Reimbursement (Section 14-7.03 | 4 | | of the School Code). | 5 | | (f) For State fiscal year 2020 and each fiscal year | 6 | | thereafter, the Department on Aging, in consultation with the | 7 | | State Comptroller, with the advice and consent of the | 8 | | Governor's Office of Management and Budget, may transfer line | 9 | | item appropriations for purchase of services covered by the | 10 | | Community Care Program between the General Revenue Fund and | 11 | | the Commitment to Human Services Fund. | 12 | | (g) For State fiscal year 2024 and each fiscal year | 13 | | thereafter, if requested by an agency chief executive officer | 14 | | and authorized and approved by the Comptroller, the | 15 | | Comptroller may direct and the Treasurer shall transfer funds | 16 | | from the General Revenue Fund to fund payroll expenses that | 17 | | meet the payroll transaction exception criteria as defined by | 18 | | the Comptroller in the Statewide Accounting Management System | 19 | | (SAMS) Manual. The agency shall then transfer these funds back | 20 | | to the General Revenue Fund within 7 days. | 21 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; | 22 | | 103-8, eff. 6-7-23.) |
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