Sen. Dan Kotowski
Filed: 1/6/2011
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1 | AMENDMENT TO HOUSE BILL 5424
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2 | AMENDMENT NO. ______. Amend House Bill 5424, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Public Labor Relations Act is | ||||||
6 | amended by adding Section 21.5 as follows: | ||||||
7 | (5 ILCS 315/21.5 new) | ||||||
8 | Sec. 21.5. Termination of certain agreements after | ||||||
9 | constitutional officers take office. | ||||||
10 | (a) No collective bargaining agreement entered into on or | ||||||
11 | after the effective date of this amendatory Act of the 96th | ||||||
12 | General Assembly between an executive branch constitutional | ||||||
13 | officer or any agency or department of an executive branch | ||||||
14 | constitutional officer and a labor organization may extend | ||||||
15 | beyond June 30th of the year in which the terms of office of | ||||||
16 | executive branch constitutional officers begin. |
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1 | (b) No collective bargaining agreement entered into on or | ||||||
2 | after the effective date of this amendatory Act of the 96th | ||||||
3 | General Assembly between an executive branch constitutional | ||||||
4 | officer or any agency or department of an executive branch | ||||||
5 | constitutional officer and a labor organization may provide for | ||||||
6 | an increase in salary, wages, or benefits starting on or after | ||||||
7 | the first day of the terms of office of executive branch | ||||||
8 | constitutional officers and ending June 30th of that same year. | ||||||
9 | (c) Any collective bargaining agreement in violation of | ||||||
10 | this Section is terminated and rendered null and void by | ||||||
11 | operation of law. | ||||||
12 | (d) For purposes of this Section, "executive branch | ||||||
13 | constitutional officer" has the same meaning as that term is | ||||||
14 | defined in the State Officials and Employees Ethics Act. | ||||||
15 | Section 10. The State Budget Law of the Civil | ||||||
16 | Administrative Code of Illinois is amended by changing Sections | ||||||
17 | 50-5 and 50-25 as follows: | ||||||
18 | (15 ILCS 20/50-5) | ||||||
19 | Sec. 50-5. Governor to submit State budget. | ||||||
20 | (a) The Governor shall, as soon as
possible and not later | ||||||
21 | than the second
Wednesday in March in 2010 (March 10, 2010) and | ||||||
22 | the third
Wednesday in February of each year beginning in 2011, | ||||||
23 | except as otherwise provided in this Section, submit a
State | ||||||
24 | budget, embracing therein the amounts recommended by the |
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1 | Governor to be
appropriated to the respective departments, | ||||||
2 | offices, and institutions, and
for all other public purposes, | ||||||
3 | the estimated revenues from taxation, and the
estimated | ||||||
4 | revenues from sources other than taxation , and an estimate of | ||||||
5 | the
amount required to be raised by taxation . Except with | ||||||
6 | respect to the capital development provisions of the State | ||||||
7 | budget, beginning with the revenue estimates prepared for | ||||||
8 | fiscal year 2012, revenue estimates shall be based solely on: | ||||||
9 | (i) revenue sources (including non-income resources), rates, | ||||||
10 | and levels that exist as of the date of the submission of the | ||||||
11 | State budget for the fiscal year and (ii) revenue sources | ||||||
12 | (including non-income resources), rates, and levels that have | ||||||
13 | been passed by the General Assembly as of the date of the | ||||||
14 | submission of the State budget for the fiscal year and that are | ||||||
15 | authorized to take effect in that fiscal year. Except with | ||||||
16 | respect to the capital development provisions of the State | ||||||
17 | budget, the Governor shall determine available revenue, deduct | ||||||
18 | the cost of essential government services, including, but not | ||||||
19 | limited to, pension payments and debt service, and assign a | ||||||
20 | percentage of the remaining revenue to each statewide | ||||||
21 | prioritized goal, as established in Section 50-25 of this Law, | ||||||
22 | taking into consideration the proposed goals set forth in the | ||||||
23 | report of the Commission established under that Section. The | ||||||
24 | Governor shall also demonstrate how spending priorities for the | ||||||
25 | fiscal year fulfill those statewide goals. The amounts | ||||||
26 | recommended by the
Governor for appropriation to the respective |
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1 | departments, offices and
institutions shall be formulated | ||||||
2 | according to each department's, office's, and institution's | ||||||
3 | ability to effectively deliver services that meet the | ||||||
4 | established statewide goals according to the various functions | ||||||
5 | and
activities for which the respective department, office or | ||||||
6 | institution of
the State government (including the elective | ||||||
7 | officers in the executive
department and including the | ||||||
8 | University of Illinois and the judicial
department) is | ||||||
9 | responsible . The amounts relating to particular functions
and | ||||||
10 | activities shall be further formulated in accordance with the | ||||||
11 | object
classification specified in Section 13 of the State | ||||||
12 | Finance Act. In addition, the amounts recommended by the | ||||||
13 | Governor for appropriation shall take into account each State | ||||||
14 | agency's effectiveness in achieving its prioritized goals for | ||||||
15 | the previous fiscal year, as set forth in Section 50-25 of this | ||||||
16 | Law, giving priority to agencies and programs that have | ||||||
17 | demonstrated a focus on the prevention of waste and the maximum | ||||||
18 | yield from resources. | ||||||
19 | Beginning in fiscal year 2011, the Governor shall | ||||||
20 | distribute written quarterly financial reports on operating | ||||||
21 | funds, which may include general, State, or federal funds and | ||||||
22 | may include funds related to agencies that have significant | ||||||
23 | impacts on State operations, budget statements to the General | ||||||
24 | Assembly and the State Comptroller. The reports statements | ||||||
25 | shall be submitted no later than 45 days after the last day on | ||||||
26 | Wednesday of the last week of the last month of each quarter of |
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1 | the fiscal year and , as is currently the practice on the | ||||||
2 | effective date of this amendatory Act of the 96th General | ||||||
3 | Assembly, shall be posted on the Governor's Office of | ||||||
4 | Management and Budget's Comptroller's website on the same day. | ||||||
5 | The reports statements shall be prepared and presented in an | ||||||
6 | executive summary format that may include includes , for the | ||||||
7 | fiscal year to date, individual itemizations for each | ||||||
8 | significant revenue type source as well as individual | ||||||
9 | itemizations of expenditures and obligations, by agency the | ||||||
10 | classified line items set forth in Section 13 of the State | ||||||
11 | Finance Act and for other purposes , with an appropriate level | ||||||
12 | of detail. The reports statement shall include a calculation of | ||||||
13 | the actual total budget surplus or deficit for the fiscal year | ||||||
14 | to date . The Governor shall also present periodic budget | ||||||
15 | addresses throughout the fiscal year at the invitation of the | ||||||
16 | General Assembly. | ||||||
17 | The Governor shall not propose expenditures and the General | ||||||
18 | Assembly shall
not enact appropriations that exceed the | ||||||
19 | resources estimated to be available,
as provided in this | ||||||
20 | Section. Appropriations may be adjusted during the fiscal year | ||||||
21 | by means of one or more supplemental appropriation bills if any | ||||||
22 | State agency either fails to meet or exceeds the goals set | ||||||
23 | forth in Section 50-25 of this Law. | ||||||
24 | For the purposes of Article VIII, Section 2 of the 1970
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25 | Illinois Constitution, the State budget for the following funds | ||||||
26 | shall be
prepared on the basis of revenue and expenditure |
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1 | measurement concepts that are
in concert with generally | ||||||
2 | accepted accounting principles for governments: | ||||||
3 | (1) General Revenue Fund. | ||||||
4 | (2) Common School Fund. | ||||||
5 | (3) Educational Assistance Fund. | ||||||
6 | (4) Road Fund. | ||||||
7 | (5) Motor Fuel Tax Fund. | ||||||
8 | (6) Agricultural Premium Fund. | ||||||
9 | These funds shall be known as the "budgeted funds". The | ||||||
10 | revenue
estimates used in the State budget for the budgeted | ||||||
11 | funds shall include the
estimated beginning fund balance, plus
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12 | revenues estimated to be received during the budgeted year, | ||||||
13 | plus the estimated
receipts due the State as of June 30 of the | ||||||
14 | budgeted year that are expected to
be collected during the | ||||||
15 | lapse period following the budgeted year, minus the
receipts | ||||||
16 | collected during the first 2 months of the budgeted year that | ||||||
17 | became
due to the State in the year before the budgeted year. | ||||||
18 | Revenues shall also
include estimated federal reimbursements | ||||||
19 | associated with the recognition of
Section 25 of the State | ||||||
20 | Finance Act liabilities. For any budgeted fund
for which | ||||||
21 | current year revenues are anticipated to exceed expenditures, | ||||||
22 | the
surplus shall be considered to be a resource available for | ||||||
23 | expenditure in the
budgeted fiscal year. | ||||||
24 | Expenditure estimates for the budgeted funds included in | ||||||
25 | the State budget
shall include the costs to be incurred by the | ||||||
26 | State for the budgeted year,
to be paid in the next fiscal |
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1 | year, excluding costs paid in the budgeted year
which were | ||||||
2 | carried over from the prior year, where the payment is | ||||||
3 | authorized by
Section
25 of the State Finance Act. For any | ||||||
4 | budgeted fund
for which expenditures are expected to exceed | ||||||
5 | revenues in the current fiscal
year, the deficit shall be | ||||||
6 | considered as a use of funds in the budgeted fiscal
year. | ||||||
7 | Revenues and expenditures shall also include transfers | ||||||
8 | between funds that are
based on revenues received or costs | ||||||
9 | incurred during the budget year. | ||||||
10 | Appropriations for expenditures shall also include all | ||||||
11 | anticipated statutory continuing appropriation obligations | ||||||
12 | that are expected to be incurred during the budgeted fiscal | ||||||
13 | year. | ||||||
14 | By
March 15 of each year, the
Commission on Government | ||||||
15 | Forecasting and Accountability shall prepare
revenue and fund | ||||||
16 | transfer estimates in accordance with the requirements of this
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17 | Section and report those estimates to the General Assembly and | ||||||
18 | the Governor. | ||||||
19 | For all funds other than the budgeted funds, the proposed | ||||||
20 | expenditures shall
not exceed funds estimated to be available | ||||||
21 | for the fiscal year as shown in the
budget. Appropriation for a | ||||||
22 | fiscal year shall not exceed funds estimated by
the General | ||||||
23 | Assembly to be available during that year. | ||||||
24 | (b) This subsection applies only to the process for the | ||||||
25 | proposed fiscal year 2011 budget. | ||||||
26 | By February 24, 2010, the Governor must file a written |
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1 | report with the Secretary of the Senate and the Clerk of the | ||||||
2 | House of Representatives containing the following: | ||||||
3 | (1) for fiscal year 2010, the revenues for all budgeted | ||||||
4 | funds, both actual to date and estimated for the full | ||||||
5 | fiscal year; | ||||||
6 | (2) for fiscal year 2010, the expenditures for all | ||||||
7 | budgeted funds, both actual to date and estimated for the | ||||||
8 | full fiscal year; | ||||||
9 | (3) for fiscal year 2011, the estimated revenues for | ||||||
10 | all budgeted funds, including without limitation the | ||||||
11 | affordable General Revenue Fund appropriations, for the | ||||||
12 | full fiscal year; and | ||||||
13 | (4) for fiscal year 2011, an estimate of the | ||||||
14 | anticipated liabilities for all budgeted funds, including | ||||||
15 | without limitation the affordable General Revenue Fund | ||||||
16 | appropriations, debt service on bonds issued, and the | ||||||
17 | State's contributions to the pension systems, for the full | ||||||
18 | fiscal year. | ||||||
19 | Between July 1 and August 31 of each fiscal year February | ||||||
20 | 24, 2010 and March 10, 2010 , the members of the General | ||||||
21 | Assembly and members of the public may make written budget | ||||||
22 | recommendations to the Governor , and the Governor shall | ||||||
23 | promptly make those recommendations available to the public | ||||||
24 | through the Governor's Internet website . | ||||||
25 | Beginning with budgets prepared for fiscal year 2013, the | ||||||
26 | budgets submitted by the Governor and appropriations made by |
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1 | the General Assembly for all executive branch State agencies | ||||||
2 | must adhere to a method of budgeting where each priority must | ||||||
3 | be justified each year according to merit rather than according | ||||||
4 | to the amount appropriated for the preceding year. | ||||||
5 | (Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881, | ||||||
6 | eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10.) | ||||||
7 | (15 ILCS 20/50-25) | ||||||
8 | Sec. 50-25. Statewide prioritized goals. For fiscal year | ||||||
9 | 2012 and each fiscal year thereafter, prior to the submission | ||||||
10 | of the State budget, the Governor, in consultation with the | ||||||
11 | appropriation committees of the General Assembly and, | ||||||
12 | beginning with budgets prepared for fiscal year 2013, the | ||||||
13 | commission established under this Section , shall: (i) | ||||||
14 | prioritize outcomes that are most important for each State | ||||||
15 | agency of the executive branch under the jurisdiction of the | ||||||
16 | Governor to achieve for the next fiscal year and (ii) set goals | ||||||
17 | to accomplish those outcomes according to the priority of the | ||||||
18 | outcome. There must be a reasonable number of annually defined | ||||||
19 | statewide goals defining State priorities for the budget. Each | ||||||
20 | goal shall be further defined to facilitate success in | ||||||
21 | achieving that goal. No later than July 31 of each fiscal year | ||||||
22 | beginning in fiscal year 2012, the Governor shall establish a | ||||||
23 | commission for the purpose of advising the Governor in setting | ||||||
24 | those outcomes and goals, including the timeline for achieving | ||||||
25 | those outcomes and goals. The commission shall be a |
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1 | well-balanced group and shall be a manageable size. The | ||||||
2 | commission shall hold at least 2 public meetings during each | ||||||
3 | fiscal year. One meeting shall be held in the City of Chicago | ||||||
4 | and one meeting shall be held in the City of Springfield. By | ||||||
5 | November 1 of each year, the commission shall submit a report | ||||||
6 | to the Governor and the General Assembly setting forth | ||||||
7 | recommendations with respect to the Governor's proposed | ||||||
8 | outcomes and goals. The report shall be published on the | ||||||
9 | Governor's Office of Management and Budget's website. In its | ||||||
10 | report, the commission shall propose a percentage of the total | ||||||
11 | budget to be assigned to each proposed outcome and goal. The | ||||||
12 | commission shall also review existing mandated expenditures | ||||||
13 | and include in its report recommendations for the termination | ||||||
14 | of mandated expenditures. The General Assembly may object to | ||||||
15 | the commission's report by passing a joint resolution detailing | ||||||
16 | the General Assembly's objections. | ||||||
17 | In addition, each other constitutional officer of the | ||||||
18 | executive branch, in consultation with the appropriation | ||||||
19 | committees of the General Assembly, shall: (i) prioritize | ||||||
20 | outcomes that are most important for his or her office to | ||||||
21 | achieve for the next fiscal year and (ii) set goals to | ||||||
22 | accomplish those outcomes according to the priority of the | ||||||
23 | outcome. The Governor and each constitutional officer shall | ||||||
24 | separately conduct performance analyses to determine which | ||||||
25 | programs, strategies, and activities will best achieve those | ||||||
26 | desired outcomes. The Governor shall recommend that |
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1 | appropriations be made to State agencies and officers for the | ||||||
2 | next fiscal year based on the agreed upon goals and priorities. | ||||||
3 | Each agency and officer may develop its own strategies for | ||||||
4 | meeting those goals and shall review and analyze those | ||||||
5 | strategies on a regular basis. The Governor shall also | ||||||
6 | implement procedures to measure annual progress toward the | ||||||
7 | State's highest priority outcomes and shall develop a statewide | ||||||
8 | reporting system that compares the actual results with budgeted | ||||||
9 | results. Those performance measures and results shall be posted | ||||||
10 | on the State Comptroller's website, and compiled for | ||||||
11 | distribution in the Comptroller's Public Accountability | ||||||
12 | Report, as is currently the practice on the effective date of | ||||||
13 | this amendatory Act of the 96th General Assembly.
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14 | (Source: P.A. 96-958, eff. 7-1-10.) | ||||||
15 | Section 15. The Illinois Grant Funds Recovery Act is | ||||||
16 | amended by adding Section 4.2 as follows: | ||||||
17 | (30 ILCS 705/4.2 new) | ||||||
18 | Sec. 4.2. Suspension of grant making authority. Any grant | ||||||
19 | funds and any grant program administered by a grantor agency | ||||||
20 | subject to this Act are indefinitely suspended on July 1, 2012, | ||||||
21 | and on July 1st of every 5th year thereafter, unless the | ||||||
22 | General Assembly, by law, authorizes that grantor agency to | ||||||
23 | make grants or lifts the suspension of the authorization of | ||||||
24 | that grantor agency to make grants. In the case of a suspension |
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1 | of the authorization of a grantor agency to make grants, the | ||||||
2 | authority of that grantor agency to make grants is suspended | ||||||
3 | until the suspension is explicitly lifted by law by the General | ||||||
4 | Assembly, even if an appropriation has been made for the | ||||||
5 | explicit purpose of such grants. This suspension of grant | ||||||
6 | making authority supersedes any other law or rule to the | ||||||
7 | contrary.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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