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92_SB2023enr
SB2023 Enrolled LRB9215672RCcd
1 AN ACT concerning capital litigation.
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 Sections 13.2 and 25 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
9 same treasury fund for the objects specified in this Section
10 may be made in the manner provided in this Section when the
11 balance remaining in one or more such line item
12 appropriations is insufficient for the purpose for which the
13 appropriation was made.
14 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 Transfers may be made only among the objects of expenditure
18 enumerated in this Section, except that no funds may be
19 transferred from any appropriation for personal services,
20 from any appropriation for State contributions to the State
21 Employees' Retirement System, from any separate appropriation
22 for employee retirement contributions paid by the employer,
23 nor from any appropriation for State contribution for
24 employee group insurance. Further, if an agency receives a
25 separate appropriation for employee retirement contributions
26 paid by the employer, any transfer by that agency into an
27 appropriation for personal services must be accompanied by a
28 corresponding transfer into the appropriation for employee
29 retirement contributions paid by the employer, in an amount
30 sufficient to meet the employer share of the employee
31 contributions required to be remitted to the retirement
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1 system.
2 (b) In addition to the general transfer authority
3 provided under subsection (c), the following agencies have
4 the specific transfer authority granted in this subsection:
5 The Illinois Department of Public Aid is authorized to
6 make transfers representing savings attributable to not
7 increasing grants due to the births of additional children
8 from line items for payments of cash grants to line items for
9 payments for employment and social services for the purposes
10 outlined in subsection (f) of Section 4-2 of the Illinois
11 Public Aid Code.
12 The Department of Children and Family Services is
13 authorized to make transfers not exceeding 2% of the
14 aggregate amount appropriated to it within the same treasury
15 fund for the following line items among these same line
16 items: Foster Home and Specialized Foster Care and
17 Prevention, Institutions and Group Homes and Prevention, and
18 Purchase of Adoption and Guardianship Services.
19 The Department on Aging is authorized to make transfers
20 not exceeding 2% of the aggregate amount appropriated to it
21 within the same treasury fund for the following Community
22 Care Program line items among these same line items:
23 Homemaker and Senior Companion Services, Case Coordination
24 Units, and Adult Day Care Services.
25 The State Treasurer is authorized to make transfers among
26 line item appropriations from the Capital Litigation Trust
27 Fund, with respect to costs incurred in fiscal years 2002 and
28 2003 only, when the balance remaining in one or more such
29 line item appropriations is insufficient for the purpose for
30 which the appropriation was made, provided that no such
31 transfer may be made unless the amount transferred is no
32 longer required for the purpose for which that appropriation
33 was made.
34 (c) The sum of such transfers for an agency in a fiscal
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1 year shall not exceed 2% of the aggregate amount appropriated
2 to it within the same treasury fund for the following
3 objects: Personal Services; Extra Help; Student and Inmate
4 Compensation; State Contributions to Retirement Systems;
5 State Contributions to Social Security; State Contribution
6 for Employee Group Insurance; Contractual Services; Travel;
7 Commodities; Printing; Equipment; Electronic Data Processing;
8 Operation of Automotive Equipment; Telecommunications
9 Services; Travel and Allowance for Committed, Paroled and
10 Discharged Prisoners; Library Books; Federal Matching Grants
11 for Student Loans; Refunds; Workers' Compensation,
12 Occupational Disease, and Tort Claims; and, in appropriations
13 to institutions of higher education, Awards and Grants.
14 Notwithstanding the above, any amounts appropriated for
15 payment of workers' compensation claims to an agency to which
16 the authority to evaluate, administer and pay such claims has
17 been delegated by the Department of Central Management
18 Services may be transferred to any other expenditure object
19 where such amounts exceed the amount necessary for the
20 payment of such claims.
21 (c-1) Special provisions for State fiscal year 2003.
22 Notwithstanding any other provision of this Section to the
23 contrary, for State fiscal year 2003 only, transfers among
24 line item appropriations to an agency from the same treasury
25 fund may be made provided that the sum of such transfers for
26 an agency in State fiscal year 2003 shall not exceed 3% of
27 the aggregate amount appropriated to that State agency for
28 State fiscal year 2003 for the following objects: personal
29 services, except that no transfer may be approved which
30 reduces the aggregate appropriations for personal services
31 within an agency; extra help; student and inmate
32 compensation; State contributions to retirement systems;
33 State contributions to social security; State contributions
34 for employee group insurance; contractual services; travel;
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1 commodities; printing; equipment; electronic data processing;
2 operation of automotive equipment; telecommunications
3 services; travel and allowance for committed, paroled, and
4 discharged prisoners; library books; federal matching grants
5 for student loans; refunds; workers' compensation,
6 occupational disease, and tort claims; and, in appropriations
7 to institutions of higher education, awards and grants.
8 (d) Transfers among appropriations made to agencies of
9 the Legislative and Judicial departments and to the
10 constitutionally elected officers in the Executive branch
11 require the approval of the officer authorized in Section 10
12 of this Act to approve and certify vouchers. Transfers among
13 appropriations made to the University of Illinois, Southern
14 Illinois University, Chicago State University, Eastern
15 Illinois University, Governors State University, Illinois
16 State University, Northeastern Illinois University, Northern
17 Illinois University, Western Illinois University, the
18 Illinois Mathematics and Science Academy and the Board of
19 Higher Education require the approval of the Board of Higher
20 Education and the Governor. Transfers among appropriations
21 to all other agencies require the approval of the Governor.
22 The officer responsible for approval shall certify that
23 the transfer is necessary to carry out the programs and
24 purposes for which the appropriations were made by the
25 General Assembly and shall transmit to the State Comptroller
26 a certified copy of the approval which shall set forth the
27 specific amounts transferred so that the Comptroller may
28 change his records accordingly. The Comptroller shall
29 furnish the Governor with information copies of all transfers
30 approved for agencies of the Legislative and Judicial
31 departments and transfers approved by the constitutionally
32 elected officials of the Executive branch other than the
33 Governor, showing the amounts transferred and indicating the
34 dates such changes were entered on the Comptroller's records.
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1 (Source: P.A. 92-600, eff. 6-28-02.)
2 (30 ILCS 105/25) (from Ch. 127, par. 161)
3 Sec. 25. Fiscal year limitations.
4 (a) All appropriations shall be available for
5 expenditure for the fiscal year or for a lesser period if the
6 Act making that appropriation so specifies. A deficiency or
7 emergency appropriation shall be available for expenditure
8 only through June 30 of the year when the Act making that
9 appropriation is enacted unless that Act otherwise provides.
10 (b) Outstanding liabilities as of June 30, payable from
11 appropriations which have otherwise expired, may be paid out
12 of the expiring appropriations during the 2-month period
13 ending at the close of business on August 31. Any service
14 involving professional or artistic skills or any personal
15 services by an employee whose compensation is subject to
16 income tax withholding must be performed as of June 30 of the
17 fiscal year in order to be considered an "outstanding
18 liability as of June 30" that is thereby eligible for payment
19 out of the expiring appropriation.
20 However, payment of tuition reimbursement claims under
21 Section 14-7.03 or 18-3 of the School Code may be made by the
22 State Board of Education from its appropriations for those
23 respective purposes for any fiscal year, even though the
24 claims reimbursed by the payment may be claims attributable
25 to a prior fiscal year, and payments may be made at the
26 direction of the State Superintendent of Education from the
27 fund from which the appropriation is made without regard to
28 any fiscal year limitations.
29 Medical payments may be made by the Department of
30 Veterans' Affairs from its appropriations for those purposes
31 for any fiscal year, without regard to the fact that the
32 medical services being compensated for by such payment may
33 have been rendered in a prior fiscal year.
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1 Medical payments may be made by the Department of Public
2 Aid and child care payments may be made by the Department of
3 Human Services (as successor to the Department of Public Aid)
4 from appropriations for those purposes for any fiscal year,
5 without regard to the fact that the medical or child care
6 services being compensated for by such payment may have been
7 rendered in a prior fiscal year; and payments may be made at
8 the direction of the Department of Central Management
9 Services from the Health Insurance Reserve Fund and the Local
10 Government Health Insurance Reserve Fund without regard to
11 any fiscal year limitations.
12 Additionally, payments may be made by the Department of
13 Human Services from its appropriations, or any other State
14 agency from its appropriations with the approval of the
15 Department of Human Services, from the Immigration Reform and
16 Control Fund for purposes authorized pursuant to the
17 Immigration Reform and Control Act of 1986, without regard to
18 any fiscal year limitations.
19 Further, with respect to costs incurred in fiscal years
20 2002 and 2003 only, payments may be made by the State
21 Treasurer from its appropriations from the Capital Litigation
22 Trust Fund without regard to any fiscal year limitations.
23 (c) Further, payments may be made by the Department of
24 Public Health and the Department of Human Services (acting as
25 successor to the Department of Public Health under the
26 Department of Human Services Act) from their respective
27 appropriations for grants for medical care to or on behalf of
28 persons suffering from chronic renal disease, persons
29 suffering from hemophilia, rape victims, and premature and
30 high-mortality risk infants and their mothers and for grants
31 for supplemental food supplies provided under the United
32 States Department of Agriculture Women, Infants and Children
33 Nutrition Program, for any fiscal year without regard to the
34 fact that the services being compensated for by such payment
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1 may have been rendered in a prior fiscal year.
2 (d) The Department of Public Health and the Department
3 of Human Services (acting as successor to the Department of
4 Public Health under the Department of Human Services Act)
5 shall each annually submit to the State Comptroller, Senate
6 President, Senate Minority Leader, Speaker of the House,
7 House Minority Leader, and the respective Chairmen and
8 Minority Spokesmen of the Appropriations Committees of the
9 Senate and the House, on or before December 31, a report of
10 fiscal year funds used to pay for services provided in any
11 prior fiscal year. This report shall document by program or
12 service category those expenditures from the most recently
13 completed fiscal year used to pay for services provided in
14 prior fiscal years.
15 (e) The Department of Public Aid and the Department of
16 Human Services (acting as successor to the Department of
17 Public Aid) shall each annually submit to the State
18 Comptroller, Senate President, Senate Minority Leader,
19 Speaker of the House, House Minority Leader, the respective
20 Chairmen and Minority Spokesmen of the Appropriations
21 Committees of the Senate and the House, on or before November
22 30, a report that shall document by program or service
23 category those expenditures from the most recently completed
24 fiscal year used to pay for (i) services provided in prior
25 fiscal years and (ii) services for which claims were received
26 in prior fiscal years.
27 (f) The Department of Human Services (as successor to
28 the Department of Public Aid) shall annually submit to the
29 State Comptroller, Senate President, Senate Minority Leader,
30 Speaker of the House, House Minority Leader, and the
31 respective Chairmen and Minority Spokesmen of the
32 Appropriations Committees of the Senate and the House, on or
33 before December 31, a report of fiscal year funds used to pay
34 for services (other than medical care) provided in any prior
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1 fiscal year. This report shall document by program or
2 service category those expenditures from the most recently
3 completed fiscal year used to pay for services provided in
4 prior fiscal years.
5 (g) In addition, each annual report required to be
6 submitted by the Department of Public Aid under subsection
7 (e) shall include the following information with respect to
8 the State's Medicaid program:
9 (1) Explanations of the exact causes of the
10 variance between the previous year's estimated and actual
11 liabilities.
12 (2) Factors affecting the Department of Public
13 Aid's liabilities, including but not limited to numbers
14 of aid recipients, levels of medical service utilization
15 by aid recipients, and inflation in the cost of medical
16 services.
17 (3) The results of the Department's efforts to
18 combat fraud and abuse.
19 (h) As provided in Section 4 of the General Assembly
20 Compensation Act, any utility bill for service provided to a
21 General Assembly member's district office for a period
22 including portions of 2 consecutive fiscal years may be paid
23 from funds appropriated for such expenditure in either fiscal
24 year.
25 (i) An agency which administers a fund classified by the
26 Comptroller as an internal service fund may issue rules for:
27 (1) billing user agencies in advance based on
28 estimated charges for goods or services;
29 (2) issuing credits during the subsequent fiscal
30 year for all user agency payments received during the
31 prior fiscal year which were in excess of the final
32 amounts owed by the user agency for that period; and
33 (3) issuing catch-up billings to user agencies
34 during the subsequent fiscal year for amounts remaining
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1 due when payments received from the user agency during
2 the prior fiscal year were less than the total amount
3 owed for that period.
4 User agencies are authorized to reimburse internal service
5 funds for catch-up billings by vouchers drawn against their
6 respective appropriations for the fiscal year in which the
7 catch-up billing was issued.
8 (Source: P.A. 89-235, eff. 8-4-95; 89-507, eff. 7-1-97;
9 89-511, eff. 1-1-97; 90-14, eff. 7-1-97; 90-168, eff.
10 7-23-97.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.