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Full Text of HB1885
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HB1885 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1885
Introduced 1/29/2025, 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. Effective immediately.
LRB104 08943 HLH 18998 b
A BILL FOR
HB1885
LRB104 08943 HLH 18998 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
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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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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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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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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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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).
HB1885
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(c-8) (Blank).
2
(c-9) (Blank).
3
(c-10) Special provisions for State fiscal year 2024.
4
Notwithstanding any other provision of this Section, for State
5
fiscal year 2024, transfers among line item appropriations to
6
a State agency from the same State treasury fund may be made
7
for operational or lump sum expenses only, provided that the
8
sum of such transfers for a State agency in State fiscal year
9
2024 shall not exceed 8% of the aggregate amount appropriated
10
to that State agency for operational or lump sum expenses for
11
State fiscal year 2024. For the purpose of this subsection,
12
"operational or lump sum expenses" includes the following
13
objects: personal services; extra help; student and inmate
14
compensation; State contributions to retirement systems; State
15
contributions to social security; State contributions for
16
employee group insurance; contractual services; travel;
17
commodities; printing; equipment; electronic data processing;
18
operation of automotive equipment; telecommunications
19
services; travel and allowance for committed, paroled, and
20
discharged prisoners; library books; federal matching grants
21
for student loans; refunds; workers' compensation,
22
occupational disease, and tort claims; late interest penalties
23
under the State Prompt Payment Act and Sections 368a and 370a
24
of the Illinois Insurance Code; lump sum and other purposes;
25
and lump sum operations. For the purpose of this subsection,
26
"State agency" does not include the Attorney General, the
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Comptroller, the Treasurer, or the judicial or legislative
2
branches.
3
(c-11) Special provisions for State fiscal year 2025.
4
Notwithstanding any other provision of this Section, for State
5
fiscal year 2025, transfers among line item appropriations to
6
a State agency from the same State treasury fund may be made
7
for operational or lump sum expenses only, provided that the
8
sum of such transfers for a State agency in State fiscal year
9
2025 shall not exceed 4% of the aggregate amount appropriated
10
to that State agency for operational or lump sum expenses for
11
State fiscal year 2025. For the purpose of this subsection,
12
"operational or lump sum expenses" includes the following
13
objects: personal services; extra help; student and inmate
14
compensation; State contributions to retirement systems; State
15
contributions to social security; State contributions for
16
employee group insurance; contractual services; travel;
17
commodities; printing; equipment; electronic data processing;
18
operation of automotive equipment; telecommunications
19
services; travel and allowance for committed, paroled, and
20
discharged prisoners; library books; federal matching grants
21
for student loans; refunds; workers' compensation,
22
occupational disease, and tort claims; late interest penalties
23
under the State Prompt Payment Act and Sections 368a and 370a
24
of the Illinois Insurance Code; lump sum and other purposes;
25
and lump sum operations. For the purpose of this subsection,
26
"State agency" does not include the Attorney General, the
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Comptroller, the Treasurer, or the judicial or legislative
2
branches.
3
(c-12) Beginning in State fiscal year 2026, transfers
4
among line item appropriations to a State agency from the same
5
State treasury fund shall not exceed 1% of the aggregate
6
amount appropriated to that State agency for the same category
7
of appropriation. Moneys appropriated to a State agency as a
8
result of grants, reimbursements, or matching funds received
9
from an outside party, including, but not limited to, the
10
federal government, may not be transferred to a different line
11
item appropriation or to a different State agency.
12
(d) Transfers among appropriations made to agencies of the
13
Legislative and Judicial departments and to the
14
constitutionally elected officers in the Executive branch
15
require the approval of the officer authorized in Section 10
16
of this Act to approve and certify vouchers. Transfers among
17
appropriations made to the University of Illinois, Southern
18
Illinois University, Chicago State University, Eastern
19
Illinois University, Governors State University, Illinois
20
State University, Northeastern Illinois University, Northern
21
Illinois University, Western Illinois University, the Illinois
22
Mathematics and Science Academy and the Board of Higher
23
Education require the approval of the Board of Higher
24
Education and the Governor. Transfers among appropriations to
25
all other agencies require the approval of the Governor.
26
The officer responsible for approval shall certify that
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the transfer is necessary to carry out the programs and
2
purposes for which the appropriations were made by the General
3
Assembly and shall transmit to the State Comptroller a
4
certified copy of the approval which shall set forth the
5
specific amounts transferred so that the Comptroller may
6
change his records accordingly. The Comptroller shall furnish
7
the Governor with information copies of all transfers approved
8
for agencies of the Legislative and Judicial departments and
9
transfers approved by the constitutionally elected officials
10
of the Executive branch other than the Governor, showing the
11
amounts transferred and indicating the dates such changes were
12
entered on the Comptroller's records.
13
(e) The State Board of Education, in consultation with the
14
State Comptroller, may transfer line item appropriations for
15
General State Aid or Evidence-Based Funding among the Common
16
School Fund and the Education Assistance Fund, and, for State
17
fiscal year 2020 and each fiscal year thereafter, the Fund for
18
the Advancement of Education. With the advice and consent of
19
the Governor's Office of Management and Budget, the State
20
Board of Education, in consultation with the State
21
Comptroller, may transfer line item appropriations between the
22
General Revenue Fund and the Education Assistance Fund for the
23
following programs:
24
(1) Disabled Student Personnel Reimbursement (Section
25
14-13.01 of the School Code);
26
(2) Disabled Student Transportation Reimbursement
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(subsection (b) of Section 14-13.01 of the School Code);
2
(3) Disabled Student Tuition - Private Tuition
3
(Section 14-7.02 of the School Code);
4
(4) Extraordinary Special Education (Section 14-7.02b
5
of the School Code);
6
(5) Reimbursement for Free Lunch/Breakfast Programs;
7
(6) Summer School Payments (Section 18-4.3 of the
8
School Code);
9
(7) Transportation - Regular/Vocational Reimbursement
10
(Section 29-5 of the School Code);
11
(8) Regular Education Reimbursement (Section 18-3 of
12
the School Code); and
13
(9) Special Education Reimbursement (Section 14-7.03
14
of the School Code).
15
(f) For State fiscal year 2020 and each fiscal year
16
thereafter, the Department on Aging, in consultation with the
17
State Comptroller, with the advice and consent of the
18
Governor's Office of Management and Budget, may transfer line
19
item appropriations for purchase of services covered by the
20
Community Care Program between the General Revenue Fund and
21
the Commitment to Human Services Fund.
22
(g) For State fiscal year 2024 and each fiscal year
23
thereafter, if requested by an agency chief executive officer
24
and authorized and approved by the Comptroller, the
25
Comptroller may direct and the Treasurer shall transfer funds
26
from the General Revenue Fund to fund payroll expenses that
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1
meet the payroll transaction exception criteria as defined by
2
the Comptroller in the Statewide Accounting Management System
3
(SAMS) Manual. The agency shall then transfer these funds back
4
to the General Revenue Fund within 7 days.
5
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
6
103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
7
Section 99.
Effective date.
This Act takes effect upon
8
becoming law.
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