General Assembly of Illinois - compiled statutes of Illinois (2023)

(30 ILCS 105/13.2) (from chap. 127, para. 149.2)
Sek. 13.2.Transfers between line item funds.
(a) Transfers between line item allocations from the same Treasury Fund for the purposes set out in this section may be made in the manner provided for in this section if the balance remaining in one or more of those line item allocations is insufficient for the purpose for which the funds were provided .
(a-1) No transfers may be made from one agency to another agency, nor may transfers be made from one university to another university, except as provided in subsection (a-4).
(a-2) Except as otherwise provided in this Section, transfers may only be made between the items of expenditure listed in this Section, except that no funds may be transferred from Personal Service Funds, from Government Contribution Funds to the Government Servants Administration . pension scheme, any separate funds for employees' pension contributions paid by the employer, nor any funds for government contributions to employees' group insurance.
(a-2.5) (Read).
(a-3) If an agency also receives a separate allocation of funds for employer employee pension contributions, any transfer by that agency to an allocation for personal services must be accompanied by a corresponding transfer to the allocation for employer employee pension contributions. in an amount sufficient to cover the employer's share of employee contributions that need to be transferred to the pension scheme.
(a-4) Reorientation of long-term care. The governor may designate amounts allocated for institutional services from the General Revenue Fund or any other state fund that receives money for long-term care services to be remitted to all state agencies responsible for administering community-based long-term care programs, including, but not limited to, community-based long-term care programs administered by the Department of Health and Family Services, Department of Human Services, and Department of Aging, subject to approval by the Director of Health and Family Services first. Amounts transferred are required to individuals who are in institutional care or at risk of institutionalization with the transition to community-based care, including the financial information needed to demonstrate the need for the fund transfer. The total amounts transferred must not exceed 4% of the total amounts from the General Revenue Fund or any other government fund that receives money for long-term care services for any fiscal year. Notice of the transfer of funds must be given to the General Assembly and posted at least on the website of the Department of Health and Family Services, the website of the Governor's Office of Management and Budget, and such other website as the Governor deems appropriate. These notices serve as notification to the General Assembly of the amounts to be transferred. Notice must be given at least 30 days prior to the transfer.
(b) In addition to the general delegation power provided for in subsection (c), the following agencies shall have the specific delegation power granted in this subsection:
The Department of Health and Family Services is authorized to make transfers representing savings resulting from not increasing grants due to the birth of additional children from items for cash grant payments to, for the purposes set out in subsection (f). Items for Employment and Benefit Payments Section 4-2 of the Illinois Public Aid Code.
The Department of Children and Family Services is authorized to make referrals of no more than 2% of its total allocation within the same sovereign wealth fund for the following items of the same items: Nursing Homes and Specialized Care and Prevention, Institutions and Group Homes and Prevention and Purchase of Adoption and Guardianship Services.
The Department on Aging is authorized to make referrals up to a maximum of 10% of the total amount allocated to it within the same financial fund for the following Community Care program items within these items: Purchase of services covered by the Community Care program are, and comprehensive case coordination.
The State Board of Education has authority to make transfers from line items within the same financial fund for General Government Aid, General Government Aid-Keep Safe, and Evidence-Based Funding, provided that no such transfer may be made unless if the amount transferred is no longer needed for the purpose for which those funds were provided, into the line item allocation for Transitional Assistance when the balance remaining in that line item allocation is used for the purpose for which the funds were provided , not enough.
The State Board of Education has authority to make transfers between the following line items within the same financial fund: Services/Materials for Disabled Students (School Code Section 14-13.01), Reimbursement for Transportation of Disabled Students (School Code Section 14-13.01). (Section 14-7.02 of the School Code), Tuition for Disabled Students - Private Tuition (Section 14-7.02 of the School Code), Exceptional Special Education (Section 14-7.02b of the School Code), Reimbursement for Free Lunch/Breakfast Program, Summer School Payments (Section 18 - 4.3 of the School Rules) and Transportation – Regular/Professional Reimbursement (Section 29-5 of the School Rules). Such transfers may be made only if the balance remaining in one or more of those line items is insufficient for the purpose for which the funds were provided and provided that no such transfer may be made unless the Amount transferred is no longer needed for the purpose for which these funds were provided.
The Department of Health and Family Services is authorized to make transfers between different medical aid items within the same sovereign wealth fund up to a maximum of 4% of the total amount allocated to it.
The Department of Central Administration Services is authorized to make transfers within the same financial fund of no more than 2% of its total allocated amount from the various line items allocated to the Department to the following line items: Motor vehicle liability claims and related costs and payment of State Employee Indemnification claims Act.
(c) The sum of such transfers for an agency in any financial year shall not exceed 2% of the total amount allocated to it within the same financial fund for the following purposes: personal services; extra help; student and inmate compensation; State contributions to pension schemes; State contributions to social security; State contribution to employee group insurance; contractual services; Travel; Raw materials; Press; Equipment; Electronic data processing; automotive equipment operation; telecommunications services; travel expenses and allowances for incarcerated, paroled and released prisoners; library books; Federal Student Loan Matching Grants; refunds; Claims for worker's compensation, occupational disease and tort; Late interest penalties under the State Prompt Payment Act and Sections 368a and 370a of the Illinois Insurance Code; and as funds for college awards and grants. Notwithstanding the foregoing, any amounts used to pay workers compensation claims to an agency that has been delegated authority by the Department of Central Management Services to assess, administer and pay such claims may be transferred to another expenditure purpose if such amounts exceed the exceed the amount required to settle such claims.
(c-1) (Blank).
(c-2) (Blank).
(c-3) (Blank).
(c-4) (Blank).
(c-5) (Blank).
(c-6) (Blank).
(c-7) (Blank).
(c-8) Special Provisions for State Fiscal Year 2022. Notwithstanding any other provision of this Section, for State Fiscal Year 2022, transfers may be made between line item allocations to a State Agency from the same State Treasury Fund for operating or lump sum expenditures only, provided that the sum of such transfers for a government agency in government fiscal year 2022 does not exceed 4% of the total amount allocated to that government agency for operating or lump sum expenses for government fiscal year 2022. For this purpose, the subsection “Operating or lump sum expenses” includes the following items: personal services; extra help; student and prisoner compensation; State contributions to pension schemes; State contributions to social security; State contributions to employee collective insurance; contractual services; travel; Were; Press; Equipment; electronic data processing; automotive equipment operation; telecommunications services; travel expenses and allowances for incarcerated, paroled and released prisoners; library books; federal student loan grants; refunds; Claims for worker's compensation, occupational disease and tort; Late interest penalties under the State Prompt Payment Act and Sections 368a and 370a of the Illinois Insurance Code; lump sum and other purposes; and lump sums. For purposes of this subsection, “governmental agency” does not include the Attorney General, Secretary of State, Comptroller, Treasurer, or the judiciary or legislature.
(c-9) Special Provisions for State Fiscal Year 2023. Notwithstanding any other provision of this Section, for State Fiscal Year 2023, transfers may be made between line item allocations to a State Agency from the same State Treasury Fund for operating or lump sum expenditures only, provided that the total of such transfers for a government agency in government fiscal year 2023 does not exceed 4% of the total amount allocated to that government agency for operating or lump sum expenses for government fiscal year 2023. For this purpose, the subsection “Operating or lump sum expenses” includes the following items: personal services; extra help; student and prisoner compensation; State contributions to pension schemes; State contributions to social security; State contributions to employee collective insurance; contractual services; travel; Were; Press; Equipment; electronic data processing; automotive equipment operation; telecommunications services; travel expenses and allowances for incarcerated, paroled and released prisoners; library books; federal student loan grants; refunds; Claims for worker's compensation, occupational disease and tort; Late interest penalties under the State Prompt Payment Act and Sections 368a and 370a of the Illinois Insurance Code; lump sum and other purposes; and lump sums. For purposes of this subsection, “governmental agency” does not include the Attorney General, Secretary of State, Comptroller, Treasurer, or the judiciary or legislature.
(d) Transfers between funds to agencies of the Legislative and Judicial Departments and to the constitutionally elected officers in the Executive Branch require the approval of the officer empowered to approve and certify supporting documents under Section 10 of this Act. Inter-fund transfers to the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Illinois State University, Northeastern Illinois University, Northern Illinois University, Western Illinois University, the Illinois Mathematics and Science Academy and the Board of Higher Education requires the approval of the Board of Higher Education and the Governor. Transfers of funds to all other agencies require the approval of the Governor.
The approving officer will certify that the transfer is necessary to carry out the programs and purposes for which the funds have been provided by the General Assembly and will provide the State Auditor with a certified copy of the approval detailing the specific amounts transferred, so that the auditor can amend his records accordingly. The Comptroller shall provide the Governor with informational copies of all transfers authorized for agencies of the Legislative and Judiciary Departments, as well as transfers authorized by the constitutionally elected executive branch officers other than the Governor, showing the amounts transferred and the date date on which such changes were entered in the auditor's records.
(e) The State Board of Education, in consultation with the State Comptroller, may transfer line item funds for general state aid or evidence-based funding between the Common School Fund and the Education Assistance Fund, and for the state fiscal year 2020 and any other fiscal year thereafter, the Fund for funding of education. With the advice and approval of the Governor's Office of Administration and Budget, the State Board of Education, in consultation with the State Comptroller, may transfer line item funds between the General Revenue Fund and the Education Assistance Fund for the following programs:
(1) Reimbursement for disabled student staff