Full Text of HB5295 94th General Assembly
HB5295eng 94TH GENERAL ASSEMBLY
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HB5295 Engrossed |
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LRB094 17806 RCE 53106 b |
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| AN ACT concerning finance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Finance Act is amended by changing | 5 |
| 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 | 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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| (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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| (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 | 24 |
| from any appropriation for State contribution for
employee | 25 |
| group insurance. During State fiscal year 2005, an agency may | 26 |
| transfer amounts among its appropriations within the same | 27 |
| treasury fund for personal services, employee retirement | 28 |
| contributions paid by employer, and State Contributions to | 29 |
| retirement systems; notwithstanding and in addition to the | 30 |
| transfers authorized in subsection (c) of this Section, the | 31 |
| fiscal year 2005 transfers authorized in this sentence may be | 32 |
| made in an amount not to exceed 2% of the aggregate amount |
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| appropriated to an agency within the same treasury fund. | 2 |
| (a-3) Further, if an agency receives a separate
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| appropriation for employee retirement contributions paid by | 4 |
| the employer,
any transfer by that agency into an appropriation | 5 |
| for personal services
must be accompanied by a corresponding | 6 |
| transfer into the appropriation for
employee retirement | 7 |
| contributions paid by the employer, in an amount
sufficient to | 8 |
| meet the employer share of the employee contributions
required | 9 |
| to be remitted to the retirement system.
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| (a-4) If a line item appropriation is made for the purpose | 11 |
| of funding community integrated living arrangements, then no | 12 |
| amount may be transferred from that item. Moreover, such | 13 |
| appropriations may be expended solely for the purpose of | 14 |
| funding community integrated living arrangements.
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| (b) In addition to the general transfer authority provided | 16 |
| under
subsection (c), the following agencies have the specific | 17 |
| transfer authority
granted in this subsection:
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| The Illinois Department of Healthcare and Family Services
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| Public Aid is authorized to make transfers
representing savings | 20 |
| attributable to not increasing grants due to the
births of | 21 |
| additional children from line items for payments of cash grants | 22 |
| to
line items for payments for employment and social services | 23 |
| for the purposes
outlined in subsection (f) of Section 4-2 of | 24 |
| the Illinois Public Aid Code.
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| The Department of Children and Family Services is | 26 |
| authorized to make
transfers not exceeding 2% of the aggregate | 27 |
| amount appropriated to it within
the same treasury fund for the | 28 |
| following line items among these same line
items: Foster Home | 29 |
| and Specialized Foster Care and Prevention, Institutions
and | 30 |
| Group Homes and Prevention, and Purchase of Adoption and | 31 |
| 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 | 34 |
| the same
treasury fund for the following Community Care Program | 35 |
| line items among these
same line items: Homemaker and Senior | 36 |
| Companion Services, Case Coordination
Units, and Adult Day Care |
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| Services.
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| The State Treasurer is authorized to make transfers among | 3 |
| line item
appropriations
from the Capital Litigation Trust | 4 |
| Fund, with respect to costs incurred in
fiscal years 2002 and | 5 |
| 2003 only, when the balance remaining in one or
more such
line | 6 |
| item appropriations is insufficient for the purpose for which | 7 |
| the
appropriation was
made, provided that no such transfer may | 8 |
| be made unless the amount transferred
is no
longer required for | 9 |
| the purpose for which that appropriation was made.
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| (c) The sum of such transfers for an agency in a fiscal | 11 |
| year shall not
exceed 2% of the aggregate amount appropriated | 12 |
| to it within the same treasury
fund for the following objects: | 13 |
| Personal Services; Extra Help; Student and
Inmate | 14 |
| Compensation; State Contributions to Retirement Systems; State
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| Contributions to Social Security; State Contribution for | 16 |
| Employee Group
Insurance; Contractual Services; Travel; | 17 |
| Commodities; Printing; Equipment;
Electronic Data Processing; | 18 |
| Operation of Automotive Equipment;
Telecommunications | 19 |
| Services; Travel and Allowance for Committed, Paroled
and | 20 |
| Discharged Prisoners; Library Books; Federal Matching Grants | 21 |
| for
Student Loans; Refunds; Workers' Compensation, | 22 |
| Occupational Disease, and
Tort Claims; and, in appropriations | 23 |
| to institutions of higher education,
Awards and Grants. | 24 |
| Notwithstanding the above, any amounts appropriated for
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| payment of workers' compensation claims to an agency to which | 26 |
| the authority
to evaluate, administer and pay such claims has | 27 |
| been delegated by the
Department of Central Management Services | 28 |
| may be transferred to any other
expenditure object where such | 29 |
| amounts exceed the amount necessary for the
payment of such | 30 |
| claims.
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| (c-1) Special provisions for State fiscal year 2003. | 32 |
| Notwithstanding any
other provision of this Section to the | 33 |
| contrary, for State fiscal year 2003
only, transfers among line | 34 |
| item appropriations to an agency from the same
treasury fund | 35 |
| may be made provided that the sum of such transfers for an | 36 |
| agency
in State fiscal year 2003 shall not exceed 3% of the |
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| aggregate amount
appropriated to that State agency for State | 2 |
| fiscal year 2003 for the following
objects: personal services, | 3 |
| except that no transfer may be approved which
reduces the | 4 |
| aggregate appropriations for personal services within an | 5 |
| agency;
extra help; student and inmate compensation; State
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| contributions to retirement systems; State contributions to | 7 |
| social security;
State contributions for employee group | 8 |
| insurance; contractual services; travel;
commodities; | 9 |
| printing; equipment; electronic data processing; operation of
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| automotive equipment; telecommunications services; travel and | 11 |
| allowance for
committed, paroled, and discharged prisoners; | 12 |
| library books; federal matching
grants for student loans; | 13 |
| refunds; workers' compensation, occupational disease,
and tort | 14 |
| claims; and, in appropriations to institutions of higher | 15 |
| education,
awards and grants.
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| (c-2) Special provisions for State fiscal year 2005. | 17 |
| Notwithstanding subsections (a), (a-2), and (c), for State | 18 |
| fiscal year 2005 only, transfers may be made among any line | 19 |
| item appropriations from the same or any other treasury fund | 20 |
| for any objects or purposes, without limitation, when the | 21 |
| balance remaining in one or more such line item appropriations | 22 |
| is insufficient for the purpose for which the appropriation was | 23 |
| made, provided that the sum of those transfers by a State | 24 |
| agency shall not exceed 4% of the aggregate amount appropriated | 25 |
| to that State agency for fiscal year 2005.
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| (d) Transfers among appropriations made to agencies of the | 27 |
| Legislative
and Judicial departments and to the | 28 |
| constitutionally elected officers in the
Executive branch | 29 |
| require the approval of the officer authorized in Section 10
of | 30 |
| this Act to approve and certify vouchers. Transfers among | 31 |
| appropriations
made to the University of Illinois, Southern | 32 |
| Illinois University, Chicago State
University, Eastern | 33 |
| Illinois University, Governors State University, Illinois
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| State University, Northeastern Illinois University, Northern | 35 |
| Illinois
University, Western Illinois University, the Illinois | 36 |
| Mathematics and Science
Academy and the Board of Higher |
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| Education require the approval of the Board of
Higher Education | 2 |
| 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 | 6 |
| for which
the appropriations were made by the General Assembly | 7 |
| and shall transmit
to the State Comptroller a certified copy of | 8 |
| the approval which shall
set forth the specific amounts | 9 |
| transferred so that the Comptroller may
change his records | 10 |
| accordingly. The Comptroller shall furnish the
Governor with | 11 |
| information copies of all transfers approved for agencies
of | 12 |
| the Legislative and Judicial departments and transfers | 13 |
| approved by
the constitutionally elected officials of the | 14 |
| Executive branch other
than the Governor, showing the amounts | 15 |
| transferred and indicating the
dates such changes were entered | 16 |
| on the Comptroller's records.
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| (Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03; | 18 |
| 93-680, eff. 7-1-04; 93-839, eff. 7-30-04; revised 12-15-05.)
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| Section 99. Effective date. This Act takes effect July 1, | 20 |
| 2006.
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