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92_SB2023enr SB2023 Enrolled LRB9215672RCcd 1 AN ACT concerning capital litigation. 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 Sections 13.2 and 25 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 9 same treasury fund for the objects specified in this Section 10 may be made in the manner provided in this Section when the 11 balance remaining in one or more such line item 12 appropriations is insufficient for the purpose for which the 13 appropriation was made. 14 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 Transfers may be made only among the objects of expenditure 18 enumerated in this Section, except that no funds may be 19 transferred from any appropriation for personal services, 20 from any appropriation for State contributions to the State 21 Employees' Retirement System, from any separate appropriation 22 for employee retirement contributions paid by the employer, 23 nor from any appropriation for State contribution for 24 employee group insurance. Further, if an agency receives a 25 separate appropriation for employee retirement contributions 26 paid by the employer, any transfer by that agency into an 27 appropriation for personal services must be accompanied by a 28 corresponding transfer into the appropriation for employee 29 retirement contributions paid by the employer, in an amount 30 sufficient to meet the employer share of the employee 31 contributions required to be remitted to the retirement SB2023 Enrolled -2- LRB9215672RCcd 1 system. 2 (b) In addition to the general transfer authority 3 provided under subsection (c), the following agencies have 4 the specific transfer authority granted in this subsection: 5 The Illinois Department of Public Aid is authorized to 6 make transfers representing savings attributable to not 7 increasing grants due to the births of additional children 8 from line items for payments of cash grants to line items for 9 payments for employment and social services for the purposes 10 outlined in subsection (f) of Section 4-2 of the Illinois 11 Public Aid Code. 12 The Department of Children and Family Services is 13 authorized to make transfers not exceeding 2% of the 14 aggregate amount appropriated to it within the same treasury 15 fund for the following line items among these same line 16 items: Foster Home and Specialized Foster Care and 17 Prevention, Institutions and Group Homes and Prevention, and 18 Purchase of Adoption and Guardianship Services. 19 The Department on Aging is authorized to make transfers 20 not exceeding 2% of the aggregate amount appropriated to it 21 within the same treasury fund for the following Community 22 Care Program line items among these same line items: 23 Homemaker and Senior Companion Services, Case Coordination 24 Units, and Adult Day Care Services. 25 The State Treasurer is authorized to make transfers among 26 line item appropriations from the Capital Litigation Trust 27 Fund, with respect to costs incurred in fiscal years 2002 and 28 2003 only, when the balance remaining in one or more such 29 line item appropriations is insufficient for the purpose for 30 which the appropriation was made, provided that no such 31 transfer may be made unless the amount transferred is no 32 longer required for the purpose for which that appropriation 33 was made. 34 (c) The sum of such transfers for an agency in a fiscal SB2023 Enrolled -3- LRB9215672RCcd 1 year shall not exceed 2% of the aggregate amount appropriated 2 to it within the same treasury fund for the following 3 objects: Personal Services; Extra Help; Student and Inmate 4 Compensation; State Contributions to Retirement Systems; 5 State Contributions to Social Security; State Contribution 6 for Employee Group Insurance; Contractual Services; Travel; 7 Commodities; Printing; Equipment; Electronic Data Processing; 8 Operation of Automotive Equipment; Telecommunications 9 Services; Travel and Allowance for Committed, Paroled and 10 Discharged Prisoners; Library Books; Federal Matching Grants 11 for Student Loans; Refunds; Workers' Compensation, 12 Occupational Disease, and Tort Claims; and, in appropriations 13 to institutions of higher education, Awards and Grants. 14 Notwithstanding the above, any amounts appropriated for 15 payment of workers' compensation claims to an agency to which 16 the authority to evaluate, administer and pay such claims has 17 been delegated by the Department of Central Management 18 Services may be transferred to any other expenditure object 19 where such amounts exceed the amount necessary for the 20 payment of such claims. 21 (c-1) Special provisions for State fiscal year 2003. 22 Notwithstanding any other provision of this Section to the 23 contrary, for State fiscal year 2003 only, transfers among 24 line item appropriations to an agency from the same treasury 25 fund may be made provided that the sum of such transfers for 26 an agency in State fiscal year 2003 shall not exceed 3% of 27 the aggregate amount appropriated to that State agency for 28 State fiscal year 2003 for the following objects: personal 29 services, except that no transfer may be approved which 30 reduces the aggregate appropriations for personal services 31 within an agency; extra help; student and inmate 32 compensation; State contributions to retirement systems; 33 State contributions to social security; State contributions 34 for employee group insurance; contractual services; travel; SB2023 Enrolled -4- LRB9215672RCcd 1 commodities; printing; equipment; electronic data processing; 2 operation of automotive equipment; telecommunications 3 services; travel and allowance for committed, paroled, and 4 discharged prisoners; library books; federal matching grants 5 for student loans; refunds; workers' compensation, 6 occupational disease, and tort claims; and, in appropriations 7 to institutions of higher education, awards and grants. 8 (d) Transfers among appropriations made to agencies of 9 the Legislative and Judicial departments and to the 10 constitutionally elected officers in the Executive branch 11 require the approval of the officer authorized in Section 10 12 of this Act to approve and certify vouchers. Transfers among 13 appropriations made to the University of Illinois, Southern 14 Illinois University, Chicago State University, Eastern 15 Illinois University, Governors State University, Illinois 16 State University, Northeastern Illinois University, Northern 17 Illinois University, Western Illinois University, the 18 Illinois Mathematics and Science Academy and the Board of 19 Higher Education require the approval of the Board of Higher 20 Education and the Governor. Transfers among appropriations 21 to all other agencies require the approval of the Governor. 22 The officer responsible for approval shall certify that 23 the transfer is necessary to carry out the programs and 24 purposes for which the appropriations were made by the 25 General Assembly and shall transmit to the State Comptroller 26 a certified copy of the approval which shall set forth the 27 specific amounts transferred so that the Comptroller may 28 change his records accordingly. The Comptroller shall 29 furnish the Governor with information copies of all transfers 30 approved for agencies of the Legislative and Judicial 31 departments and transfers approved by the constitutionally 32 elected officials of the Executive branch other than the 33 Governor, showing the amounts transferred and indicating the 34 dates such changes were entered on the Comptroller's records. SB2023 Enrolled -5- LRB9215672RCcd 1 (Source: P.A. 92-600, eff. 6-28-02.) 2 (30 ILCS 105/25) (from Ch. 127, par. 161) 3 Sec. 25. Fiscal year limitations. 4 (a) All appropriations shall be available for 5 expenditure for the fiscal year or for a lesser period if the 6 Act making that appropriation so specifies. A deficiency or 7 emergency appropriation shall be available for expenditure 8 only through June 30 of the year when the Act making that 9 appropriation is enacted unless that Act otherwise provides. 10 (b) Outstanding liabilities as of June 30, payable from 11 appropriations which have otherwise expired, may be paid out 12 of the expiring appropriations during the 2-month period 13 ending at the close of business on August 31. Any service 14 involving professional or artistic skills or any personal 15 services by an employee whose compensation is subject to 16 income tax withholding must be performed as of June 30 of the 17 fiscal year in order to be considered an "outstanding 18 liability as of June 30" that is thereby eligible for payment 19 out of the expiring appropriation. 20 However, payment of tuition reimbursement claims under 21 Section 14-7.03 or 18-3 of the School Code may be made by the 22 State Board of Education from its appropriations for those 23 respective purposes for any fiscal year, even though the 24 claims reimbursed by the payment may be claims attributable 25 to a prior fiscal year, and payments may be made at the 26 direction of the State Superintendent of Education from the 27 fund from which the appropriation is made without regard to 28 any fiscal year limitations. 29 Medical payments may be made by the Department of 30 Veterans' Affairs from its appropriations for those purposes 31 for any fiscal year, without regard to the fact that the 32 medical services being compensated for by such payment may 33 have been rendered in a prior fiscal year. SB2023 Enrolled -6- LRB9215672RCcd 1 Medical payments may be made by the Department of Public 2 Aid and child care payments may be made by the Department of 3 Human Services (as successor to the Department of Public Aid) 4 from appropriations for those purposes for any fiscal year, 5 without regard to the fact that the medical or child care 6 services being compensated for by such payment may have been 7 rendered in a prior fiscal year; and payments may be made at 8 the direction of the Department of Central Management 9 Services from the Health Insurance Reserve Fund and the Local 10 Government Health Insurance Reserve Fund without regard to 11 any fiscal year limitations. 12 Additionally, payments may be made by the Department of 13 Human Services from its appropriations, or any other State 14 agency from its appropriations with the approval of the 15 Department of Human Services, from the Immigration Reform and 16 Control Fund for purposes authorized pursuant to the 17 Immigration Reform and Control Act of 1986, without regard to 18 any fiscal year limitations. 19 Further, with respect to costs incurred in fiscal years 20 2002 and 2003 only, payments may be made by the State 21 Treasurer from its appropriations from the Capital Litigation 22 Trust Fund without regard to any fiscal year limitations. 23 (c) Further, payments may be made by the Department of 24 Public Health and the Department of Human Services (acting as 25 successor to the Department of Public Health under the 26 Department of Human Services Act) from their respective 27 appropriations for grants for medical care to or on behalf of 28 persons suffering from chronic renal disease, persons 29 suffering from hemophilia, rape victims, and premature and 30 high-mortality risk infants and their mothers and for grants 31 for supplemental food supplies provided under the United 32 States Department of Agriculture Women, Infants and Children 33 Nutrition Program, for any fiscal year without regard to the 34 fact that the services being compensated for by such payment SB2023 Enrolled -7- LRB9215672RCcd 1 may have been rendered in a prior fiscal year. 2 (d) The Department of Public Health and the Department 3 of Human Services (acting as successor to the Department of 4 Public Health under the Department of Human Services Act) 5 shall each annually submit to the State Comptroller, Senate 6 President, Senate Minority Leader, Speaker of the House, 7 House Minority Leader, and the respective Chairmen and 8 Minority Spokesmen of the Appropriations Committees of the 9 Senate and the House, on or before December 31, a report of 10 fiscal year funds used to pay for services provided in any 11 prior fiscal year. This report shall document by program or 12 service category those expenditures from the most recently 13 completed fiscal year used to pay for services provided in 14 prior fiscal years. 15 (e) The Department of Public Aid and the Department of 16 Human Services (acting as successor to the Department of 17 Public Aid) shall each annually submit to the State 18 Comptroller, Senate President, Senate Minority Leader, 19 Speaker of the House, House Minority Leader, the respective 20 Chairmen and Minority Spokesmen of the Appropriations 21 Committees of the Senate and the House, on or before November 22 30, a report that shall document by program or service 23 category those expenditures from the most recently completed 24 fiscal year used to pay for (i) services provided in prior 25 fiscal years and (ii) services for which claims were received 26 in prior fiscal years. 27 (f) The Department of Human Services (as successor to 28 the Department of Public Aid) shall annually submit to the 29 State Comptroller, Senate President, Senate Minority Leader, 30 Speaker of the House, House Minority Leader, and the 31 respective Chairmen and Minority Spokesmen of the 32 Appropriations Committees of the Senate and the House, on or 33 before December 31, a report of fiscal year funds used to pay 34 for services (other than medical care) provided in any prior SB2023 Enrolled -8- LRB9215672RCcd 1 fiscal year. This report shall document by program or 2 service category those expenditures from the most recently 3 completed fiscal year used to pay for services provided in 4 prior fiscal years. 5 (g) In addition, each annual report required to be 6 submitted by the Department of Public Aid under subsection 7 (e) shall include the following information with respect to 8 the State's Medicaid program: 9 (1) Explanations of the exact causes of the 10 variance between the previous year's estimated and actual 11 liabilities. 12 (2) Factors affecting the Department of Public 13 Aid's liabilities, including but not limited to numbers 14 of aid recipients, levels of medical service utilization 15 by aid recipients, and inflation in the cost of medical 16 services. 17 (3) The results of the Department's efforts to 18 combat fraud and abuse. 19 (h) As provided in Section 4 of the General Assembly 20 Compensation Act, any utility bill for service provided to a 21 General Assembly member's district office for a period 22 including portions of 2 consecutive fiscal years may be paid 23 from funds appropriated for such expenditure in either fiscal 24 year. 25 (i) An agency which administers a fund classified by the 26 Comptroller as an internal service fund may issue rules for: 27 (1) billing user agencies in advance based on 28 estimated charges for goods or services; 29 (2) issuing credits during the subsequent fiscal 30 year for all user agency payments received during the 31 prior fiscal year which were in excess of the final 32 amounts owed by the user agency for that period; and 33 (3) issuing catch-up billings to user agencies 34 during the subsequent fiscal year for amounts remaining SB2023 Enrolled -9- LRB9215672RCcd 1 due when payments received from the user agency during 2 the prior fiscal year were less than the total amount 3 owed for that period. 4 User agencies are authorized to reimburse internal service 5 funds for catch-up billings by vouchers drawn against their 6 respective appropriations for the fiscal year in which the 7 catch-up billing was issued. 8 (Source: P.A. 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 9 89-511, eff. 1-1-97; 90-14, eff. 7-1-97; 90-168, eff. 10 7-23-97.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.