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Illinois House Bill HB5402

Illinois 2023-2024 Regular Session

Illinois House Bill HB5402 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5402 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 30 ILCS 105/13.2 from Ch. 127, par. 149.2 Amends the State Finance Act. Provides that transfers among line item appropriations to a State agency from the same State treasury fund shall not exceed 1% of the aggregate amount appropriated to that State agency for the same category of appropriation. Provides that moneys appropriated to a State agency as a result of grants, reimbursements, or matching funds received from an outside party may not be transferred to a different line item appropriation or to a different State agency. LRB103 36072 HLH 69679 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5402 Introduced , by Rep. Curtis J. Tarver, II 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. Provides that transfers among line item appropriations to a State agency from the same State treasury fund shall not exceed 1% of the aggregate amount appropriated to that State agency for the same category of appropriation. Provides that moneys appropriated to a State agency as a result of grants, reimbursements, or matching funds received from an outside party may not be transferred to a different line item appropriation or to a different State agency. LRB103 36072 HLH 69679 b LRB103 36072 HLH 69679 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5402 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
33 30 ILCS 105/13.2 from Ch. 127, par. 149.2 30 ILCS 105/13.2 from Ch. 127, par. 149.2
44 30 ILCS 105/13.2 from Ch. 127, par. 149.2
55 Amends the State Finance Act. Provides that transfers among line item appropriations to a State agency from the same State treasury fund shall not exceed 1% of the aggregate amount appropriated to that State agency for the same category of appropriation. Provides that moneys appropriated to a State agency as a result of grants, reimbursements, or matching funds received from an outside party may not be transferred to a different line item appropriation or to a different State agency.
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1111 1 AN ACT concerning finance.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The State Finance Act is amended by changing
1515 5 Section 13.2 as follows:
1616 6 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
1717 7 Sec. 13.2. Transfers among line item appropriations.
1818 8 (a) Transfers among line item appropriations from the same
1919 9 treasury fund for the objects specified in this Section may be
2020 10 made in the manner provided in this Section when the balance
2121 11 remaining in one or more such line item appropriations is
2222 12 insufficient for the purpose for which the appropriation was
2323 13 made.
2424 14 (a-1) No transfers may be made from one agency to another
2525 15 agency, nor may transfers be made from one institution of
2626 16 higher education to another institution of higher education
2727 17 except as provided by subsection (a-4).
2828 18 (a-2) Except as otherwise provided in this Section,
2929 19 transfers may be made only among the objects of expenditure
3030 20 enumerated in this Section, except that no funds may be
3131 21 transferred from any appropriation for personal services, from
3232 22 any appropriation for State contributions to the State
3333 23 Employees' Retirement System, from any separate appropriation
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5402 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
3838 30 ILCS 105/13.2 from Ch. 127, par. 149.2 30 ILCS 105/13.2 from Ch. 127, par. 149.2
3939 30 ILCS 105/13.2 from Ch. 127, par. 149.2
4040 Amends the State Finance Act. Provides that transfers among line item appropriations to a State agency from the same State treasury fund shall not exceed 1% of the aggregate amount appropriated to that State agency for the same category of appropriation. Provides that moneys appropriated to a State agency as a result of grants, reimbursements, or matching funds received from an outside party may not be transferred to a different line item appropriation or to a different State agency.
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6868 1 for employee retirement contributions paid by the employer,
6969 2 nor from any appropriation for State contribution for employee
7070 3 group insurance.
7171 4 (a-2.5) (Blank).
7272 5 (a-3) Further, if an agency receives a separate
7373 6 appropriation for employee retirement contributions paid by
7474 7 the employer, any transfer by that agency into an
7575 8 appropriation for personal services must be accompanied by a
7676 9 corresponding transfer into the appropriation for employee
7777 10 retirement contributions paid by the employer, in an amount
7878 11 sufficient to meet the employer share of the employee
7979 12 contributions required to be remitted to the retirement
8080 13 system.
8181 14 (a-4) Long-Term Care Rebalancing. The Governor may
8282 15 designate amounts set aside for institutional services
8383 16 appropriated from the General Revenue Fund or any other State
8484 17 fund that receives monies for long-term care services to be
8585 18 transferred to all State agencies responsible for the
8686 19 administration of community-based long-term care programs,
8787 20 including, but not limited to, community-based long-term care
8888 21 programs administered by the Department of Healthcare and
8989 22 Family Services, the Department of Human Services, and the
9090 23 Department on Aging, provided that the Director of Healthcare
9191 24 and Family Services first certifies that the amounts being
9292 25 transferred are necessary for the purpose of assisting persons
9393 26 in or at risk of being in institutional care to transition to
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104104 1 community-based settings, including the financial data needed
105105 2 to prove the need for the transfer of funds. The total amounts
106106 3 transferred shall not exceed 4% in total of the amounts
107107 4 appropriated from the General Revenue Fund or any other State
108108 5 fund that receives monies for long-term care services for each
109109 6 fiscal year. A notice of the fund transfer must be made to the
110110 7 General Assembly and posted at a minimum on the Department of
111111 8 Healthcare and Family Services website, the Governor's Office
112112 9 of Management and Budget website, and any other website the
113113 10 Governor sees fit. These postings shall serve as notice to the
114114 11 General Assembly of the amounts to be transferred. Notice
115115 12 shall be given at least 30 days prior to transfer.
116116 13 (b) In addition to the general transfer authority provided
117117 14 under subsection (c), the following agencies have the specific
118118 15 transfer authority granted in this subsection:
119119 16 The Department of Healthcare and Family Services is
120120 17 authorized to make transfers representing savings attributable
121121 18 to not increasing grants due to the births of additional
122122 19 children from line items for payments of cash grants to line
123123 20 items for payments for employment and social services for the
124124 21 purposes outlined in subsection (f) of Section 4-2 of the
125125 22 Illinois Public Aid Code.
126126 23 The Department of Children and Family Services is
127127 24 authorized to make transfers not exceeding 2% of the aggregate
128128 25 amount appropriated to it within the same treasury fund for
129129 26 the following line items among these same line items: Foster
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140140 1 Home and Specialized Foster Care and Prevention, Institutions
141141 2 and Group Homes and Prevention, and Purchase of Adoption and
142142 3 Guardianship Services.
143143 4 The Department on Aging is authorized to make transfers
144144 5 not exceeding 10% of the aggregate amount appropriated to it
145145 6 within the same treasury fund for the following Community Care
146146 7 Program line items among these same line items: purchase of
147147 8 services covered by the Community Care Program and
148148 9 Comprehensive Case Coordination.
149149 10 The State Board of Education is authorized to make
150150 11 transfers from line item appropriations within the same
151151 12 treasury fund for General State Aid, General State Aid - Hold
152152 13 Harmless, and Evidence-Based Funding, provided that no such
153153 14 transfer may be made unless the amount transferred is no
154154 15 longer required for the purpose for which that appropriation
155155 16 was made, to the line item appropriation for Transitional
156156 17 Assistance when the balance remaining in such line item
157157 18 appropriation is insufficient for the purpose for which the
158158 19 appropriation was made.
159159 20 The State Board of Education is authorized to make
160160 21 transfers between the following line item appropriations
161161 22 within the same treasury fund: Disabled Student
162162 23 Services/Materials (Section 14-13.01 of the School Code),
163163 24 Disabled Student Transportation Reimbursement (Section
164164 25 14-13.01 of the School Code), Disabled Student Tuition -
165165 26 Private Tuition (Section 14-7.02 of the School Code),
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176176 1 Extraordinary Special Education (Section 14-7.02b of the
177177 2 School Code), Reimbursement for Free Lunch/Breakfast Program,
178178 3 Summer School Payments (Section 18-4.3 of the School Code),
179179 4 and Transportation - Regular/Vocational Reimbursement (Section
180180 5 29-5 of the School Code). Such transfers shall be made only
181181 6 when the balance remaining in one or more such line item
182182 7 appropriations is insufficient for the purpose for which the
183183 8 appropriation was made and provided that no such transfer may
184184 9 be made unless the amount transferred is no longer required
185185 10 for the purpose for which that appropriation was made.
186186 11 The Department of Healthcare and Family Services is
187187 12 authorized to make transfers not exceeding 4% of the aggregate
188188 13 amount appropriated to it, within the same treasury fund,
189189 14 among the various line items appropriated for Medical
190190 15 Assistance.
191191 16 The Department of Central Management Services is
192192 17 authorized to make transfers not exceeding 2% of the aggregate
193193 18 amount appropriated to it, within the same treasury fund, from
194194 19 the various line items appropriated to the Department, into
195195 20 the following line item appropriations: auto liability claims
196196 21 and related expenses and payment of claims under the State
197197 22 Employee Indemnification Act.
198198 23 (c) The sum of such transfers for an agency in a fiscal
199199 24 year shall not exceed 2% of the aggregate amount appropriated
200200 25 to it within the same treasury fund for the following objects:
201201 26 Personal Services; Extra Help; Student and Inmate
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212212 1 Compensation; State Contributions to Retirement Systems; State
213213 2 Contributions to Social Security; State Contribution for
214214 3 Employee Group Insurance; Contractual Services; Travel;
215215 4 Commodities; Printing; Equipment; Electronic Data Processing;
216216 5 Operation of Automotive Equipment; Telecommunications
217217 6 Services; Travel and Allowance for Committed, Paroled and
218218 7 Discharged Prisoners; Library Books; Federal Matching Grants
219219 8 for Student Loans; Refunds; Workers' Compensation,
220220 9 Occupational Disease, and Tort Claims; Late Interest Penalties
221221 10 under the State Prompt Payment Act and Sections 368a and 370a
222222 11 of the Illinois Insurance Code; and, in appropriations to
223223 12 institutions of higher education, Awards and Grants.
224224 13 Notwithstanding the above, any amounts appropriated for
225225 14 payment of workers' compensation claims to an agency to which
226226 15 the authority to evaluate, administer and pay such claims has
227227 16 been delegated by the Department of Central Management
228228 17 Services may be transferred to any other expenditure object
229229 18 where such amounts exceed the amount necessary for the payment
230230 19 of such claims.
231231 20 (c-1) (Blank).
232232 21 (c-2) (Blank).
233233 22 (c-3) (Blank).
234234 23 (c-4) (Blank).
235235 24 (c-5) (Blank).
236236 25 (c-6) (Blank).
237237 26 (c-7) (Blank).
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248248 1 (c-8) (Blank).
249249 2 (c-9) Special provisions for State fiscal year 2023.
250250 3 Notwithstanding any other provision of this Section, for State
251251 4 fiscal year 2023, transfers among line item appropriations to
252252 5 a State agency from the same State treasury fund may be made
253253 6 for operational or lump sum expenses only, provided that the
254254 7 sum of such transfers for a State agency in State fiscal year
255255 8 2023 shall not exceed 4% of the aggregate amount appropriated
256256 9 to that State agency for operational or lump sum expenses for
257257 10 State fiscal year 2023. For the purpose of this subsection,
258258 11 "operational or lump sum expenses" includes the following
259259 12 objects: personal services; extra help; student and inmate
260260 13 compensation; State contributions to retirement systems; State
261261 14 contributions to social security; State contributions for
262262 15 employee group insurance; contractual services; travel;
263263 16 commodities; printing; equipment; electronic data processing;
264264 17 operation of automotive equipment; telecommunications
265265 18 services; travel and allowance for committed, paroled, and
266266 19 discharged prisoners; library books; federal matching grants
267267 20 for student loans; refunds; workers' compensation,
268268 21 occupational disease, and tort claims; late interest penalties
269269 22 under the State Prompt Payment Act and Sections 368a and 370a
270270 23 of the Illinois Insurance Code; lump sum and other purposes;
271271 24 and lump sum operations. For the purpose of this subsection,
272272 25 "State agency" does not include the Attorney General, the
273273 26 Secretary of State, the Comptroller, the Treasurer, or the
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284284 1 judicial or legislative branches.
285285 2 (c-10) Special provisions for State fiscal year 2024.
286286 3 Notwithstanding any other provision of this Section, for State
287287 4 fiscal year 2024, transfers among line item appropriations to
288288 5 a State agency from the same State treasury fund may be made
289289 6 for operational or lump sum expenses only, provided that the
290290 7 sum of such transfers for a State agency in State fiscal year
291291 8 2024 shall not exceed 8% of the aggregate amount appropriated
292292 9 to that State agency for operational or lump sum expenses for
293293 10 State fiscal year 2024. For the purpose of this subsection,
294294 11 "operational or lump sum expenses" includes the following
295295 12 objects: personal services; extra help; student and inmate
296296 13 compensation; State contributions to retirement systems; State
297297 14 contributions to social security; State contributions for
298298 15 employee group insurance; contractual services; travel;
299299 16 commodities; printing; equipment; electronic data processing;
300300 17 operation of automotive equipment; telecommunications
301301 18 services; travel and allowance for committed, paroled, and
302302 19 discharged prisoners; library books; federal matching grants
303303 20 for student loans; refunds; workers' compensation,
304304 21 occupational disease, and tort claims; late interest penalties
305305 22 under the State Prompt Payment Act and Sections 368a and 370a
306306 23 of the Illinois Insurance Code; lump sum and other purposes;
307307 24 and lump sum operations. For the purpose of this subsection,
308308 25 "State agency" does not include the Attorney General, the
309309 26 Secretary of State, the Comptroller, the Treasurer, or the
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320320 1 judicial or legislative branches.
321321 2 (c-15) Beginning in State fiscal year 2025, transfers
322322 3 among line item appropriations to a State agency from the same
323323 4 State treasury fund shall not exceed 1% of the aggregate
324324 5 amount appropriated to that State agency for the same category
325325 6 of appropriation. Moneys appropriated to a State agency as a
326326 7 result of grants, reimbursements, or matching funds received
327327 8 from an outside party, including, but not limited to, the
328328 9 federal government, may not be transferred to a different line
329329 10 item appropriation or to a different State agency.
330330 11 (d) Transfers among appropriations made to agencies of the
331331 12 Legislative and Judicial departments and to the
332332 13 constitutionally elected officers in the Executive branch
333333 14 require the approval of the officer authorized in Section 10
334334 15 of this Act to approve and certify vouchers. Transfers among
335335 16 appropriations made to the University of Illinois, Southern
336336 17 Illinois University, Chicago State University, Eastern
337337 18 Illinois University, Governors State University, Illinois
338338 19 State University, Northeastern Illinois University, Northern
339339 20 Illinois University, Western Illinois University, the Illinois
340340 21 Mathematics and Science Academy and the Board of Higher
341341 22 Education require the approval of the Board of Higher
342342 23 Education and the Governor. Transfers among appropriations to
343343 24 all other agencies require the approval of the Governor.
344344 25 The officer responsible for approval shall certify that
345345 26 the transfer is necessary to carry out the programs and
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356356 1 purposes for which the appropriations were made by the General
357357 2 Assembly and shall transmit to the State Comptroller a
358358 3 certified copy of the approval which shall set forth the
359359 4 specific amounts transferred so that the Comptroller may
360360 5 change his records accordingly. The Comptroller shall furnish
361361 6 the Governor with information copies of all transfers approved
362362 7 for agencies of the Legislative and Judicial departments and
363363 8 transfers approved by the constitutionally elected officials
364364 9 of the Executive branch other than the Governor, showing the
365365 10 amounts transferred and indicating the dates such changes were
366366 11 entered on the Comptroller's records.
367367 12 (e) The State Board of Education, in consultation with the
368368 13 State Comptroller, may transfer line item appropriations for
369369 14 General State Aid or Evidence-Based Funding among the Common
370370 15 School Fund and the Education Assistance Fund, and, for State
371371 16 fiscal year 2020 and each fiscal year thereafter, the Fund for
372372 17 the Advancement of Education. With the advice and consent of
373373 18 the Governor's Office of Management and Budget, the State
374374 19 Board of Education, in consultation with the State
375375 20 Comptroller, may transfer line item appropriations between the
376376 21 General Revenue Fund and the Education Assistance Fund for the
377377 22 following programs:
378378 23 (1) Disabled Student Personnel Reimbursement (Section
379379 24 14-13.01 of the School Code);
380380 25 (2) Disabled Student Transportation Reimbursement
381381 26 (subsection (b) of Section 14-13.01 of the School Code);
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392392 1 (3) Disabled Student Tuition - Private Tuition
393393 2 (Section 14-7.02 of the School Code);
394394 3 (4) Extraordinary Special Education (Section 14-7.02b
395395 4 of the School Code);
396396 5 (5) Reimbursement for Free Lunch/Breakfast Programs;
397397 6 (6) Summer School Payments (Section 18-4.3 of the
398398 7 School Code);
399399 8 (7) Transportation - Regular/Vocational Reimbursement
400400 9 (Section 29-5 of the School Code);
401401 10 (8) Regular Education Reimbursement (Section 18-3 of
402402 11 the School Code); and
403403 12 (9) Special Education Reimbursement (Section 14-7.03
404404 13 of the School Code).
405405 14 (f) For State fiscal year 2020 and each fiscal year
406406 15 thereafter, the Department on Aging, in consultation with the
407407 16 State Comptroller, with the advice and consent of the
408408 17 Governor's Office of Management and Budget, may transfer line
409409 18 item appropriations for purchase of services covered by the
410410 19 Community Care Program between the General Revenue Fund and
411411 20 the Commitment to Human Services Fund.
412412 21 (g) For State fiscal year 2024 and each fiscal year
413413 22 thereafter, if requested by an agency chief executive officer
414414 23 and authorized and approved by the Comptroller, the
415415 24 Comptroller may direct and the Treasurer shall transfer funds
416416 25 from the General Revenue Fund to fund payroll expenses that
417417 26 meet the payroll transaction exception criteria as defined by
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