Public Act 096-1531
 
SB3708 EnrolledLRB096 20862 KTG 36633 b


  
    AN ACT concerning State government.
  
 
    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)
    Sec. 50-5. Governor to submit State budget. 
    (a) The Governor shall, as soon as
possible and not later 
than the second

Wednesday in March in 2010 (March 10, 2010) and 
the third
Wednesday in February of each year beginning in 2011, 
except as otherwise provided in this Section, 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. In addition, the amounts 
recommended by the Governor for appropriation shall take into 
account each State agency's effectiveness in achieving its 
prioritized goals for the previous fiscal year, as set forth in 
Section 50-25 of this Law, giving priority to agencies and 
programs that have demonstrated a focus on the prevention of 
waste and the maximum yield from resources.
    Beginning in fiscal year 2011, the Governor shall 
distribute written quarterly budget statements on all 
appropriated  funds to the General Assembly and the State 
Comptroller.  The statements shall be submitted no later than 45 
days after the last day on Wednesday of the last week of the 
last month of each quarter of the fiscal year and, as is 
currently the practice on the effective date of this amendatory 
Act of the 96th General Assembly, shall be posted on the 
Governor's Office of Management and Budget's Comptroller's 
website on the same day.  The statements shall be prepared and 
presented for each State agency and on a statewide level in an 
executive summary format that includes, for the fiscal year to 
date, individual itemizations for each revenue type source as 
well as individual itemizations of expenditures and 
obligations, by the classified line items set forth in Section 
13 of the State Finance Act and for other purposes, with an 
appropriate level of detail.  The statement shall include a 
calculation of the actual total budget surplus or deficit.  The 
Governor shall also present periodic budget addresses 
throughout the fiscal year at the invitation of the General 
Assembly. 
    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. Appropriations may be adjusted during the fiscal year 
by means of one or more supplemental appropriation bills if any 
State agency either fails to meet or exceeds the goals set 
forth in Section 50-25 of this Law. 
    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.
    Appropriations for expenditures shall also include all 
anticipated statutory continuing appropriation obligations 
that are expected to be incurred during the budgeted fiscal 
year.
    By
March 15 of each year, the
Commission on Government 
Forecasting and Accountability 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.
    (b) This subsection applies only to the process for the 
proposed fiscal year 2011 budget.
    By February 24, 2010, the Governor must file a written 
report with the Secretary of the Senate and the Clerk of the 
House of Representatives containing the following:
        (1)   for fiscal year 2010, the revenues for all budgeted 
    funds, both actual to date and estimated for the full 
    fiscal year;
        (2)    for fiscal year 2010, the expenditures for all 
    budgeted funds, both actual to date and estimated for the 
    full fiscal year;
        (3)    for fiscal year 2011, the  estimated revenues for 
    all budgeted funds, including without limitation  the 
    affordable General Revenue Fund appropriations, for the 
    full fiscal year; and
        (4)    for fiscal year 2011, an estimate of the 
    anticipated liabilities for all budgeted funds, including 
    without limitation the affordable General Revenue Fund 
    appropriations,  debt service on bonds issued, and the 
    State's contributions to the pension systems, for the full 
    fiscal year. 
    Between February 24, 2010 and March 10, 2010, the members 
of the General Assembly and members of the public may make 
written budget recommendations to the Governor, and the 
Governor shall promptly make those recommendations available 
to the public through the Governor's Internet website. 
(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881, 
eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.