Illinois 2023-2024 Regular Session

Illinois House Bill HB5207 Latest Draft

Bill / Introduced Version Filed 02/08/2024

                            103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5207 Introduced , 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. LRB103 38372 MXP 68507 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5207 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:  30 ILCS 105/13.2 from Ch. 127, par. 149.2 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.  LRB103 38372 MXP 68507 b     LRB103 38372 MXP 68507 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5207 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
30 ILCS 105/13.2 from Ch. 127, par. 149.2 30 ILCS 105/13.2 from Ch. 127, par. 149.2
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

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5207 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
30 ILCS 105/13.2 from Ch. 127, par. 149.2 30 ILCS 105/13.2 from Ch. 127, par. 149.2
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

 

 

30 ILCS 105/13.2 from Ch. 127, par. 149.2



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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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