State of Illinois
90th General Assembly
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90_HB3590

      15 ILCS 20/38             from Ch. 127, par. 38
          Amends  the  Civil  Administrative  Code   of   Illinois.
      Provides that for the Governor's budget proposal submitted in
      February   1999   and  for  each  budget  proposal  submitted
      thereafter, the aggregate amount of the  Governor's  proposed
      expenditures  and  the aggregate amount actually appropriated
      by the General Assembly shall not exceed an aggregate  amount
      that  is  (i) an increase of no more than 5% of the aggregate
      amount actually expended in the previously ended fiscal  year
      or  (ii)  the  increase  in  the Consumer Price Index for All
      Urban Consumers for all items published by the United  States
      Department  of  Labor  over  the  previous  2 calendar years,
      whichever is less.
                                                    LRB9010860KDcdA
                                              LRB9010860KDcdA
 1        AN ACT to amend the Civil Administrative Code of Illinois
 2    by changing Section 38.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Civil Administrative Code of Illinois is
 6    amended by changing Section 38 as follows:
 7        (15 ILCS 20/38) (from Ch. 127, par. 38)
 8        Sec. 38. The Governor shall, as soon as possible and  not
 9    later  than  the  third  Wednesday  in  February of each year
10    beginning in 1998, submit a State budget,  embracing  therein
11    the  amounts  recommended  by  him  to be appropriated to the
12    respective departments, offices, and  institutions,  and  for
13    all  other  public  purposes,  the  estimated  revenues  from
14    taxation,  the  estimated  revenues  from  sources other than
15    taxation, and an estimate of the amount required to be raised
16    by taxation.  The amounts recommended  by  the  Governor  for
17    appropriation  to  the  respective  departments,  offices and
18    institutions shall be formulated  according  to  the  various
19    functions and activities for which the respective department,
20    office  or institution of the State government (including the
21    elective officers in the executive department  and  including
22    the  University  of  Illinois and the judicial department) is
23    responsible. The amounts relating to particular functions and
24    activities shall be further formulated in accordance with the
25    object classification specified in Section 13  of  the  State
26    Finance Act.
27        The  Governor  shall  not  propose  expenditures  and the
28    General Assembly shall not enact appropriations  that  exceed
29    the  resources estimated to be available, as provided in this
30    Section.
31        For the budget proposal submitted in  February  1999  and
                            -2-               LRB9010860KDcdA
 1    for  each budget proposal submitted thereafter, the aggregate
 2    amount  of  the  Governor's  proposed  expenditures  and  the
 3    aggregate  amount  actually  appropriated  by   the   General
 4    Assembly  shall not exceed an aggregate amount that is (i) an
 5    increase of no more than 5% of the aggregate amount  actually
 6    expended  in  the  previously  ended  fiscal year or (ii) the
 7    increase in the Consumer Price Index for All Urban  Consumers
 8    for  all  items  published by the United States Department of
 9    Labor over the previous 2 calendar years, whichever is less.
10        For the purposes of Article VIII, Section 2 of  the  1970
11    Illinois  Constitution,  the  State  budget for the following
12    funds  shall  be  prepared  on  the  basis  of  revenue   and
13    expenditure  measurement  concepts  that  are in concert with
14    generally accepted accounting principles for governments:
15        (1)  General Revenue Fund
16        (2)  Common School Fund
17        (3)  Educational Assistance Fund
18        (4)  Road Fund
19        (5)  Motor Fuel Tax Fund
20        (6)  Agricultural Premium Fund
21        These funds shall be known as the "budgeted funds".   The
22    revenue  estimates  used in the State budget for the budgeted
23    funds shall include the  estimated  beginning  fund  balance,
24    plus  revenues  estimated  to be received during the budgeted
25    year, plus the estimated receipts due the State as of June 30
26    of the budgeted year that are expected to be collected during
27    the lapse period  following  the  budgeted  year,  minus  the
28    receipts  collected during the first 2 months of the budgeted
29    year that became due to the State  in  the  year  before  the
30    budgeted year.  Revenues shall also include estimated federal
31    reimbursements  associated with the recognition of Section 25
32    of the State Finance Act liabilities.  For any budgeted  fund
33    for  which  current  year  revenues are anticipated to exceed
34    expenditures,  the  surplus  shall  be  considered  to  be  a
                            -3-               LRB9010860KDcdA
 1    resource available for expenditure  in  the  budgeted  fiscal
 2    year.
 3        Expenditure  estimates for the budgeted funds included in
 4    the State budget shall include the costs to  be  incurred  by
 5    the  State  for  the  budgeted  year,  to be paid in the next
 6    fiscal year, excluding costs paid in the budgeted year  which
 7    were  carried  over from the prior year, where the payment is
 8    authorized by Section 25 of the State Finance Act.   For  any
 9    budgeted  fund  for which expenditures are expected to exceed
10    revenues in the current fiscal year,  the  deficit  shall  be
11    considered as a use of funds in the budgeted fiscal year.
12        Revenues  and  expenditures  shall also include transfers
13    between funds that are based on revenues  received  or  costs
14    incurred during the budget year.
15        By  March  15  of  each  year,  the  Economic  and Fiscal
16    Commission shall prepare revenue and fund transfer  estimates
17    in  accordance  with  the  requirements  of  this Section and
18    report those  estimates  to  the  General  Assembly  and  the
19    Governor.
20        For all funds other than the budgeted funds, the proposed
21    expenditures shall not exceed funds estimated to be available
22    for  the  fiscal  year as shown in the budget.  Appropriation
23    for a fiscal year shall not exceed  funds  estimated  by  the
24    General Assembly to be available during that year.
25    (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)

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