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. LRB103 38372 MXP 68507 b LRB103 38372 MXP 68507 b LRB103 38372 MXP 68507 b A BILL FOR HB5207LRB103 38372 MXP 68507 b HB5207 LRB103 38372 MXP 68507 b HB5207 LRB103 38372 MXP 68507 b 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. LRB103 38372 MXP 68507 b LRB103 38372 MXP 68507 b LRB103 38372 MXP 68507 b A BILL FOR 30 ILCS 105/13.2 from Ch. 127, par. 149.2 LRB103 38372 MXP 68507 b HB5207 LRB103 38372 MXP 68507 b HB5207- 2 -LRB103 38372 MXP 68507 b HB5207 - 2 - LRB103 38372 MXP 68507 b HB5207 - 2 - LRB103 38372 MXP 68507 b 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 HB5207 - 2 - LRB103 38372 MXP 68507 b HB5207- 3 -LRB103 38372 MXP 68507 b HB5207 - 3 - LRB103 38372 MXP 68507 b HB5207 - 3 - LRB103 38372 MXP 68507 b 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 HB5207 - 3 - LRB103 38372 MXP 68507 b HB5207- 4 -LRB103 38372 MXP 68507 b HB5207 - 4 - LRB103 38372 MXP 68507 b HB5207 - 4 - LRB103 38372 MXP 68507 b 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), HB5207 - 4 - LRB103 38372 MXP 68507 b HB5207- 5 -LRB103 38372 MXP 68507 b HB5207 - 5 - LRB103 38372 MXP 68507 b HB5207 - 5 - LRB103 38372 MXP 68507 b 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 HB5207 - 5 - LRB103 38372 MXP 68507 b HB5207- 6 -LRB103 38372 MXP 68507 b HB5207 - 6 - LRB103 38372 MXP 68507 b HB5207 - 6 - LRB103 38372 MXP 68507 b 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). HB5207 - 6 - LRB103 38372 MXP 68507 b HB5207- 7 -LRB103 38372 MXP 68507 b HB5207 - 7 - LRB103 38372 MXP 68507 b HB5207 - 7 - LRB103 38372 MXP 68507 b 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 HB5207 - 7 - LRB103 38372 MXP 68507 b HB5207- 8 -LRB103 38372 MXP 68507 b HB5207 - 8 - LRB103 38372 MXP 68507 b HB5207 - 8 - LRB103 38372 MXP 68507 b 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, HB5207 - 8 - LRB103 38372 MXP 68507 b HB5207- 9 -LRB103 38372 MXP 68507 b HB5207 - 9 - LRB103 38372 MXP 68507 b HB5207 - 9 - LRB103 38372 MXP 68507 b 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 HB5207 - 9 - LRB103 38372 MXP 68507 b HB5207- 10 -LRB103 38372 MXP 68507 b HB5207 - 10 - LRB103 38372 MXP 68507 b HB5207 - 10 - LRB103 38372 MXP 68507 b 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); HB5207 - 10 - LRB103 38372 MXP 68507 b HB5207- 11 -LRB103 38372 MXP 68507 b HB5207 - 11 - LRB103 38372 MXP 68507 b HB5207 - 11 - LRB103 38372 MXP 68507 b HB5207 - 11 - LRB103 38372 MXP 68507 b