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| Public Act 093-0680 |
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AN ACT in relation to budget implementation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Finance Act is amended by changing | ||||
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 | ||||
made in
the manner provided in this Section when the balance | ||||
remaining in one or
more such line item appropriations is | ||||
insufficient for the purpose for
which the appropriation was | ||||
made.
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(a-1) No transfers may be made from one
agency to another | ||||
agency, nor may transfers be made from one institution
of | ||||
higher education to another institution of higher education.
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(a-2) Transfers may be made only among the objects of | ||||
expenditure enumerated
in this Section, except that no funds | ||||
may be transferred from any
appropriation for personal | ||||
services, from any appropriation for State
contributions to the | ||||
State Employees' Retirement System, from any
separate | ||||
appropriation for employee retirement contributions paid by | ||||
the
employer, nor from any appropriation for State contribution | ||||
for
employee group insurance. | ||||
(a-3) Further, if an agency receives a separate
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appropriation for employee retirement contributions paid by | ||||
the employer,
any transfer by that agency into an appropriation | ||||
for personal services
must be accompanied by a corresponding | ||||
transfer into the appropriation for
employee retirement | ||||
contributions paid by the employer, in an amount
sufficient to | ||||
meet the employer share of the employee contributions
required | ||||
to be remitted to the retirement system.
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(b) In addition to the general transfer authority provided | ||
under
subsection (c), the following agencies have the specific | ||
transfer authority
granted in this subsection:
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The Illinois Department of Public Aid is authorized to make | ||
transfers
representing savings attributable to not increasing | ||
grants due to the
births of additional children from line items | ||
for payments of cash grants to
line items for payments for | ||
employment and social services for the purposes
outlined in | ||
subsection (f) of Section 4-2 of the Illinois Public Aid Code.
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The Department of Children and Family Services is | ||
authorized to make
transfers not exceeding 2% of the aggregate | ||
amount appropriated to it within
the same treasury fund for the | ||
following line items among these same line
items: Foster Home | ||
and Specialized Foster Care and Prevention, Institutions
and | ||
Group Homes and Prevention, and Purchase of Adoption and | ||
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 | ||
the same
treasury fund for the following Community Care Program | ||
line items among these
same line items: Homemaker and Senior | ||
Companion Services, Case Coordination
Units, and Adult Day Care | ||
Services.
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The State Treasurer is authorized to make transfers among | ||
line item
appropriations
from the Capital Litigation Trust | ||
Fund, with respect to costs incurred in
fiscal years 2002 and | ||
2003 only, when the balance remaining in one or
more such
line | ||
item appropriations is insufficient for the purpose for which | ||
the
appropriation was
made, provided that no such transfer may | ||
be made unless the amount transferred
is no
longer required for | ||
the purpose for which that appropriation was made.
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(c) The sum of such transfers for an agency in a fiscal | ||
year shall not
exceed 2% of the aggregate amount appropriated | ||
to it within the same treasury
fund for the following objects: | ||
Personal Services; Extra Help; Student and
Inmate | ||
Compensation; State Contributions to Retirement Systems; State
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Contributions to Social Security; State Contribution for | ||
Employee Group
Insurance; Contractual Services; Travel; | ||
Commodities; Printing; Equipment;
Electronic Data Processing; | ||
Operation of Automotive Equipment;
Telecommunications | ||
Services; Travel and Allowance for Committed, Paroled
and | ||
Discharged Prisoners; Library Books; Federal Matching Grants | ||
for
Student Loans; Refunds; Workers' Compensation, | ||
Occupational Disease, and
Tort Claims; and, in appropriations | ||
to institutions of higher education,
Awards and Grants. | ||
Notwithstanding the above, any amounts appropriated for
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payment of workers' compensation claims to an agency to which | ||
the authority
to evaluate, administer and pay such claims has | ||
been delegated by the
Department of Central Management Services | ||
may be transferred to any other
expenditure object where such | ||
amounts exceed the amount necessary for the
payment of such | ||
claims.
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(c-1) Special provisions for State fiscal year 2003. | ||
Notwithstanding any
other provision of this Section to the | ||
contrary, for State fiscal year 2003
only, transfers among line | ||
item appropriations to an agency from the same
treasury fund | ||
may be made provided that the sum of such transfers for an | ||
agency
in State fiscal year 2003 shall not exceed 3% of the | ||
aggregate amount
appropriated to that State agency for State | ||
fiscal year 2003 for the following
objects: personal services, | ||
except that no transfer may be approved which
reduces the | ||
aggregate appropriations for personal services within an | ||
agency;
extra help; student and inmate compensation; State
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contributions to retirement systems; State contributions to | ||
social security;
State contributions for employee group | ||
insurance; contractual services; travel;
commodities; | ||
printing; equipment; electronic data processing; operation of
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automotive equipment; telecommunications services; travel and | ||
allowance for
committed, paroled, and discharged prisoners; | ||
library books; federal matching
grants for student loans; | ||
refunds; workers' compensation, occupational disease,
and tort | ||
claims; and, in appropriations to institutions of higher | ||
education,
awards and grants.
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(c-2) Special provisions for State fiscal year 2005. | ||
Notwithstanding subsections (a), (a-2), and (c), for State | ||
fiscal year 2005 only, transfers may be made among any line | ||
item appropriations from the same or any other treasury fund | ||
for any objects or purposes, without limitation, when the | ||
balance remaining in one or more such line item appropriations | ||
is insufficient for the purpose for which the appropriation was | ||
made, provided that the sum of those transfers by a State | ||
agency shall not exceed 4% of the aggregate amount appropriated | ||
to that State agency for fiscal year 2005.
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(d) Transfers among appropriations made to agencies of the | ||
Legislative
and Judicial departments and to the | ||
constitutionally elected officers in the
Executive branch | ||
require the approval of the officer authorized in Section 10
of | ||
this Act to approve and certify vouchers. Transfers among | ||
appropriations
made to the University of Illinois, Southern | ||
Illinois University, Chicago State
University, Eastern | ||
Illinois University, Governors State University, Illinois
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State University, Northeastern Illinois University, Northern | ||
Illinois
University, Western Illinois University, the Illinois | ||
Mathematics and Science
Academy and the Board of Higher | ||
Education require the approval of the Board of
Higher Education | ||
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 | ||
for which
the appropriations were made by the General Assembly | ||
and shall transmit
to the State Comptroller a certified copy of | ||
the approval which shall
set forth the specific amounts | ||
transferred so that the Comptroller may
change his records | ||
accordingly. The Comptroller shall furnish the
Governor with | ||
information copies of all transfers approved for agencies
of | ||
the Legislative and Judicial departments and transfers | ||
approved by
the constitutionally elected officials of the | ||
Executive branch other
than the Governor, showing the amounts | ||
transferred and indicating the
dates such changes were entered | ||
on the Comptroller's records.
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(Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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