Public Act 93-0001

HB0175 Enrolled                      LRB093 04128 RCE 04168 b

    AN ACT concerning the State budget.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The   State   Budget   Law   of  the  Civil
Administrative  Code  of  Illinois  is  amended  by  changing
Section 50-5 as follows:

    (15 ILCS 20/50-5) (was 15 ILCS 20/38)
    Sec. 50-5.  Governor to submit State budget. The Governor
shall, as soon as possible and  not  later  than  the  second
Wednesday  in  April  in  2003  and  the  third  Wednesday in
February of each year beginning in 2004 1998, submit a  State
budget,  embracing  therein  the  amounts  recommended by the
Governor to be appropriated to  the  respective  departments,
offices, and institutions, and for all other public purposes,
the  estimated revenues from taxation, the estimated revenues
from sources other than taxation,  and  an  estimate  of  the
amount  required  to  be  raised  by  taxation.   The amounts
recommended  by  the  Governor  for  appropriation   to   the
respective  departments,  offices  and  institutions shall be
formulated according to the various functions and  activities
for which the respective department, office or institution of
the  State government (including the elective officers in the
executive department and including the University of Illinois
and the judicial  department)  is  responsible.  The  amounts
relating  to  particular  functions  and  activities shall be
further   formulated   in   accordance   with   the    object
classification  specified  in Section 13 of the State Finance
Act.
    The Governor  shall  not  propose  expenditures  and  the
General  Assembly  shall not enact appropriations that exceed
the resources estimated to be available, as provided in  this
Section.
    For  the  purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State  budget  for  the  following
funds   shall  be  prepared  on  the  basis  of  revenue  and
expenditure measurement concepts that  are  in  concert  with
generally accepted accounting principles for governments:
         (1)  General Revenue Fund.
         (2)  Common School Fund.
         (3)  Educational Assistance Fund.
         (4)  Road Fund.
         (5)  Motor Fuel Tax Fund.
         (6)  Agricultural Premium Fund.
    These  funds shall be known as the "budgeted funds".  The
revenue estimates used in the State budget for  the  budgeted
funds  shall  include  the  estimated beginning fund balance,
plus revenues estimated to be received  during  the  budgeted
year, plus the estimated receipts due the State as of June 30
of the budgeted year that are expected to be collected during
the  lapse  period  following  the  budgeted  year, minus the
receipts collected during the first 2 months of the  budgeted
year  that  became  due  to  the State in the year before the
budgeted year.  Revenues shall also include estimated federal
reimbursements associated with the recognition of Section  25
of  the State Finance Act liabilities.  For any budgeted fund
for which current year revenues  are  anticipated  to  exceed
expenditures,  the  surplus  shall  be  considered  to  be  a
resource  available  for  expenditure  in the budgeted fiscal
year.
    Expenditure estimates for the budgeted funds included  in
the  State  budget  shall include the costs to be incurred by
the State for the budgeted year,  to  be  paid  in  the  next
fiscal  year, excluding costs paid in the budgeted year which
were carried over from the prior year, where the  payment  is
authorized  by  Section 25 of the State Finance Act.  For any
budgeted fund for which expenditures are expected  to  exceed
revenues  in  the  current  fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
    Revenues and expenditures shall  also  include  transfers
between  funds  that  are based on revenues received or costs
incurred during the budget year.
    By March  15  of  each  year,  the  Economic  and  Fiscal
Commission  shall prepare revenue and fund transfer estimates
in accordance with  the  requirements  of  this  Section  and
report  those  estimates  to  the  General  Assembly  and the
Governor.
    For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in  the  budget.   Appropriation
for  a  fiscal  year  shall not exceed funds estimated by the
General Assembly to be available during that year.
(Source: P.A. 90-479, eff. 8-17-97; 91-239, eff. 1-1-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.