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Public Act 92-0885
SB2023 Enrolled LRB9215672RCcd
AN ACT concerning capital litigation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by changing
Sections 13.2 and 25 as follows:
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
Sec. 13.2. Transfers among line item appropriations.
(a) Transfers among line item appropriations from the
same 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.
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.
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. Further, if an agency receives a
separate 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.
(b) In addition to the general transfer authority
provided under subsection (c), the following agencies have
the specific transfer authority granted in this subsection:
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.
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.
The Department on Aging is authorized to make transfers
not 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.
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.
(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 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
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.
(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 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 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.
(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
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 agencies require the approval of the Governor.
The officer responsible for approval shall certify that
the 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.
(Source: P.A. 92-600, eff. 6-28-02.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies. A deficiency or
emergency appropriation shall be available for expenditure
only through June 30 of the year when the Act making that
appropriation is enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable
to a prior fiscal year, and payments may be made at the
direction of the State Superintendent of Education from the
fund from which the appropriation is made without regard to
any fiscal year limitations.
Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may
have been rendered in a prior fiscal year.
Medical payments may be made by the Department of Public
Aid and child care payments may be made by the Department of
Human Services (as successor to the Department of Public Aid)
from appropriations for those purposes for any fiscal year,
without regard to the fact that the medical or child care
services being compensated for by such payment may have been
rendered in a prior fiscal year; and payments may be made at
the direction of the Department of Central Management
Services from the Health Insurance Reserve Fund and the Local
Government Health Insurance Reserve Fund without regard to
any fiscal year limitations.
Additionally, payments may be made by the Department of
Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
Further, with respect to costs incurred in fiscal years
2002 and 2003 only, payments may be made by the State
Treasurer from its appropriations from the Capital Litigation
Trust Fund without regard to any fiscal year limitations.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
persons suffering from chronic renal disease, persons
suffering from hemophilia, rape victims, and premature and
high-mortality risk infants and their mothers and for grants
for supplemental food supplies provided under the United
States Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to the
fact that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
(d) The Department of Public Health and the Department
of Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House,
House Minority Leader, and the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before December 31, a report of
fiscal year funds used to pay for services provided in any
prior fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(e) The Department of Public Aid and the Department of
Human Services (acting as successor to the Department of
Public Aid) shall each annually submit to the State
Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before November
30, a report that shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for (i) services provided in prior
fiscal years and (ii) services for which claims were received
in prior fiscal years.
(f) The Department of Human Services (as successor to
the Department of Public Aid) shall annually submit to the
State Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, and the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services (other than medical care) provided in any prior
fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Public Aid under subsection
(e) shall include the following information with respect to
the State's Medicaid program:
(1) Explanations of the exact causes of the
variance between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Public
Aid's liabilities, including but not limited to numbers
of aid recipients, levels of medical service utilization
by aid recipients, and inflation in the cost of medical
services.
(3) The results of the Department's efforts to
combat fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance based on
estimated charges for goods or services;
(2) issuing credits during the subsequent fiscal
year for all user agency payments received during the
prior fiscal year which were in excess of the final
amounts owed by the user agency for that period; and
(3) issuing catch-up billings to user agencies
during the subsequent fiscal year for amounts remaining
due when payments received from the user agency during
the prior fiscal year were less than the total amount
owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued.
(Source: P.A. 89-235, eff. 8-4-95; 89-507, eff. 7-1-97;
89-511, eff. 1-1-97; 90-14, eff. 7-1-97; 90-168, eff.
7-23-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly January 07, 2003.
Approved January 13, 2003.
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