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1 | AN ACT concerning State government. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||
5 | Noncitizen Population Spending Transparency Act. | |||||||||||||||||||||
6 | Section 5. Reporting requirements. | |||||||||||||||||||||
7 | (a) The Department of Human Services, in collaboration | |||||||||||||||||||||
8 | with relevant State agencies, shall prepare an annual report | |||||||||||||||||||||
9 | identifying all State spending on services and resources for | |||||||||||||||||||||
10 | noncitizen and asylum-seeking populations, including, but not | |||||||||||||||||||||
11 | limited to, services and resources provided by the following | |||||||||||||||||||||
12 | State entities: | |||||||||||||||||||||
13 | (1) the State Board of Education; | |||||||||||||||||||||
14 | (2) the Department of Human Services; | |||||||||||||||||||||
15 | (A) the Bureau of Refugee and Immigrant Services; | |||||||||||||||||||||
16 | (B) the Office of Hispanic/Latino Affairs; | |||||||||||||||||||||
17 | (C) the Illinois Welcoming Center; | |||||||||||||||||||||
18 | (D) the Chief Homelessness Officer; and | |||||||||||||||||||||
19 | (E) programs providing support to victims of | |||||||||||||||||||||
20 | trafficking, torture, and other serious crimes. | |||||||||||||||||||||
21 | (3) the Department of Public Health, including the | |||||||||||||||||||||
22 | State Refugee Health Coordinator; | |||||||||||||||||||||
23 | (4) the Illinois Emergency Management Agency and |
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1 | Office of Homeland Security; | ||||||
2 | (5) the Department of Central Management Services; | ||||||
3 | (6) the Department of Labor; and | ||||||
4 | (7) the Department of Healthcare and Family Services. | ||||||
5 | (b) The report shall include the following information | ||||||
6 | concerning the expenditures identified in subsection (a): | ||||||
7 | (1) the total amount spent on noncitizen and | ||||||
8 | asylum-seeking populations in the previous fiscal year; | ||||||
9 | (2) the specific appropriation authorizing the | ||||||
10 | spending; | ||||||
11 | (3) any transfers among line-item appropriations | ||||||
12 | associated with noncitizen and asylum-seeking populations | ||||||
13 | (4) the total number of families or individuals | ||||||
14 | impacted by each service or resource; | ||||||
15 | (5) the funding sources of the service or resource; | ||||||
16 | and | ||||||
17 | (6) contracts awarded to organizations providing | ||||||
18 | noncitizen and asylum-seeking populations access to | ||||||
19 | services or resources in, at a minimum, the following | ||||||
20 | categories: | ||||||
21 | (A) emergency shelter and housing; | ||||||
22 | (B) food; | ||||||
23 | (C) health screenings; | ||||||
24 | (D) medical assessments and treatments; | ||||||
25 | (E) case management services to assist critical | ||||||
26 | needs, including legal services and job readiness |
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1 | support; | ||||||
2 | (F) enrollment in public schools; | ||||||
3 | (G) long-term housing and housing assistance; | ||||||
4 | (H) injury and wound care, vaccinations, and | ||||||
5 | chronic health condition management; | ||||||
6 | (I) mental health assessments; and | ||||||
7 | (J) any other spending related to noncitizen or | ||||||
8 | asylum-seeking populations. | ||||||
9 | Section 10. Submission of the report. On or before | ||||||
10 | November 15, 2024, and each year thereafter, the Department of | ||||||
11 | Human Services shall submit the report described in Section 5 | ||||||
12 | to the General Assembly. | ||||||
13 | Section 15. Publication and accessibility. The Department | ||||||
14 | of Human Services shall post and maintain the report described | ||||||
15 | in Section 5 on its publicly available website. | ||||||
16 | Section 20. Coordination with State agencies. The | ||||||
17 | Department of Human Services is authorized to coordinate | ||||||
18 | efforts under this Act with other State agencies to prepare | ||||||
19 | and submit a cohesive report for the General Assembly. | ||||||
20 | Section 90. The State Budget Law of the Civil | ||||||
21 | Administrative Code of Illinois is amended by changing Section | ||||||
22 | 50-5 as follows: |
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1 | (15 ILCS 20/50-5) | ||||||
2 | Sec. 50-5. Governor to submit State budget. | ||||||
3 | (a) The Governor shall, as soon as possible and not later | ||||||
4 | than the second Wednesday in March in 2010 (March 10, 2010), | ||||||
5 | the third Wednesday in February in 2011, the fourth Wednesday | ||||||
6 | in February in 2012 (February 22, 2012), the first Wednesday | ||||||
7 | in March in 2013 (March 6, 2013), the fourth Wednesday in March | ||||||
8 | in 2014 (March 26, 2014), the first Wednesday in February in | ||||||
9 | 2022 (February 2, 2022), and the third Wednesday in February | ||||||
10 | of each year thereafter, except as otherwise provided in this | ||||||
11 | Section, submit a State budget, embracing therein the amounts | ||||||
12 | recommended by the Governor to be appropriated to the | ||||||
13 | respective departments, offices, and institutions, and for all | ||||||
14 | other public purposes, the estimated revenues from taxation, | ||||||
15 | and the estimated revenues from sources other than taxation. | ||||||
16 | Except with respect to the capital development provisions of | ||||||
17 | the State budget, beginning with the revenue estimates | ||||||
18 | prepared for fiscal year 2012, revenue estimates shall be | ||||||
19 | based solely on: (i) revenue sources (including non-income | ||||||
20 | resources), rates, and levels that exist as of the date of the | ||||||
21 | submission of the State budget for the fiscal year and (ii) | ||||||
22 | revenue sources (including non-income resources), rates, and | ||||||
23 | levels that have been passed by the General Assembly as of the | ||||||
24 | date of the submission of the State budget for the fiscal year | ||||||
25 | and that are authorized to take effect in that fiscal year. |
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1 | Except with respect to the capital development provisions of | ||||||
2 | the State budget, the Governor shall determine available | ||||||
3 | revenue, deduct the cost of essential government services, | ||||||
4 | including, but not limited to, pension payments and debt | ||||||
5 | service, and assign a percentage of the remaining revenue to | ||||||
6 | each statewide prioritized goal, as established in Section | ||||||
7 | 50-25 of this Law, taking into consideration the proposed | ||||||
8 | goals set forth in the report of the Commission established | ||||||
9 | under that Section. The Governor shall also demonstrate how | ||||||
10 | spending priorities for the fiscal year fulfill those | ||||||
11 | statewide goals. The amounts recommended by the Governor for | ||||||
12 | appropriation to the respective departments, offices and | ||||||
13 | institutions shall be formulated according to each | ||||||
14 | department's, office's, and institution's ability to | ||||||
15 | effectively deliver services that meet the established | ||||||
16 | statewide goals. The amounts relating to particular functions | ||||||
17 | and activities shall be further formulated in accordance with | ||||||
18 | the object classification specified in Section 13 of the State | ||||||
19 | Finance Act. In addition, the amounts recommended by the | ||||||
20 | Governor for appropriation shall take into account each State | ||||||
21 | agency's effectiveness in achieving its prioritized goals for | ||||||
22 | the previous fiscal year, as set forth in Section 50-25 of this | ||||||
23 | Law, giving priority to agencies and programs that have | ||||||
24 | demonstrated a focus on the prevention of waste and the | ||||||
25 | maximum yield from resources. | ||||||
26 | Beginning in fiscal year 2011, the Governor shall |
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1 | distribute written quarterly financial reports on operating | ||||||
2 | funds, which may include general, State, or federal funds and | ||||||
3 | may include funds related to agencies that have significant | ||||||
4 | impacts on State operations, and budget statements on all | ||||||
5 | appropriated funds to the General Assembly and the State | ||||||
6 | Comptroller. The reports shall be submitted no later than 45 | ||||||
7 | days after the last day of each quarter of the fiscal year and | ||||||
8 | shall be posted on the Governor's Office of Management and | ||||||
9 | Budget's website on the same day. The reports shall be | ||||||
10 | prepared and presented for each State agency and on a | ||||||
11 | statewide level in an executive summary format that may | ||||||
12 | include, for the fiscal year to date, individual itemizations | ||||||
13 | for each significant revenue type as well as itemizations of | ||||||
14 | expenditures and obligations, by agency, with an appropriate | ||||||
15 | level of detail. The reports shall include a calculation of | ||||||
16 | the actual total budget surplus or deficit for the fiscal year | ||||||
17 | to date. The Governor shall also present periodic budget | ||||||
18 | addresses throughout the fiscal year at the invitation of the | ||||||
19 | General Assembly. | ||||||
20 | The Governor shall not propose expenditures and the | ||||||
21 | General Assembly shall not enact appropriations that exceed | ||||||
22 | the resources estimated to be available, as provided in this | ||||||
23 | Section. Appropriations may be adjusted during the fiscal year | ||||||
24 | by means of one or more supplemental appropriation bills if | ||||||
25 | any State agency either fails to meet or exceeds the goals set | ||||||
26 | forth in Section 50-25 of this Law. |
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1 | For the purposes of Article VIII, Section 2 of the 1970 | ||||||
2 | Illinois Constitution, the State budget for the following | ||||||
3 | funds shall be prepared on the basis of revenue and | ||||||
4 | expenditure measurement concepts that are in concert with | ||||||
5 | generally accepted accounting principles for governments: | ||||||
6 | (1) General Revenue Fund. | ||||||
7 | (2) Common School Fund. | ||||||
8 | (3) Educational Assistance Fund. | ||||||
9 | (4) Road Fund. | ||||||
10 | (5) Motor Fuel Tax Fund. | ||||||
11 | (6) Agricultural Premium Fund. | ||||||
12 | These funds shall be known as the "budgeted funds". The | ||||||
13 | revenue estimates used in the State budget for the budgeted | ||||||
14 | funds shall include the estimated beginning fund balance, plus | ||||||
15 | revenues estimated to be received during the budgeted year, | ||||||
16 | plus the estimated receipts due the State as of June 30 of the | ||||||
17 | budgeted year that are expected to be collected during the | ||||||
18 | lapse period following the budgeted year, minus the receipts | ||||||
19 | collected during the first 2 months of the budgeted year that | ||||||
20 | became due to the State in the year before the budgeted year. | ||||||
21 | Revenues shall also include estimated federal reimbursements | ||||||
22 | associated with the recognition of Section 25 of the State | ||||||
23 | Finance Act liabilities. For any budgeted fund for which | ||||||
24 | current year revenues are anticipated to exceed expenditures, | ||||||
25 | the surplus shall be considered to be a resource available for | ||||||
26 | expenditure in the budgeted fiscal year. |
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1 | Expenditure estimates for the budgeted funds included in | ||||||
2 | the State budget shall include the costs to be incurred by the | ||||||
3 | State for the budgeted year, to be paid in the next fiscal | ||||||
4 | year, excluding costs paid in the budgeted year which were | ||||||
5 | carried over from the prior year, where the payment is | ||||||
6 | authorized by Section 25 of the State Finance Act. For any | ||||||
7 | budgeted fund for which expenditures are expected to exceed | ||||||
8 | revenues in the current fiscal year, the deficit shall be | ||||||
9 | considered as a use of funds in the budgeted fiscal year. | ||||||
10 | Revenues and expenditures shall also include transfers | ||||||
11 | between funds that are based on revenues received or costs | ||||||
12 | incurred during the budget year. | ||||||
13 | Appropriations for expenditures shall also include all | ||||||
14 | anticipated statutory continuing appropriation obligations | ||||||
15 | that are expected to be incurred during the budgeted fiscal | ||||||
16 | year. | ||||||
17 | By March 15 of each year, the Commission on Government | ||||||
18 | Forecasting and Accountability shall prepare revenue and fund | ||||||
19 | transfer estimates in accordance with the requirements of this | ||||||
20 | Section and report those estimates to the General Assembly and | ||||||
21 | the Governor. | ||||||
22 | For all funds other than the budgeted funds, the proposed | ||||||
23 | expenditures shall not exceed funds estimated to be available | ||||||
24 | for the fiscal year as shown in the budget. Appropriation for a | ||||||
25 | fiscal year shall not exceed funds estimated by the General | ||||||
26 | Assembly to be available during that year. |
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1 | (b) By February 24, 2010, the Governor must file a written | ||||||
2 | report with the Secretary of the Senate and the Clerk of the | ||||||
3 | House of Representatives containing the following: | ||||||
4 | (1) for fiscal year 2010, the revenues for all | ||||||
5 | budgeted funds, both actual to date and estimated for the | ||||||
6 | full fiscal year; | ||||||
7 | (2) for fiscal year 2010, the expenditures for all | ||||||
8 | budgeted funds, both actual to date and estimated for the | ||||||
9 | full fiscal year; | ||||||
10 | (3) for fiscal year 2011, the estimated revenues for | ||||||
11 | all budgeted funds, including without limitation the | ||||||
12 | affordable General Revenue Fund appropriations, for the | ||||||
13 | full fiscal year; and | ||||||
14 | (4) for fiscal year 2011, an estimate of the | ||||||
15 | anticipated liabilities for all budgeted funds, including | ||||||
16 | without limitation the affordable General Revenue Fund | ||||||
17 | appropriations, debt service on bonds issued, and the | ||||||
18 | State's contributions to the pension systems, for the full | ||||||
19 | fiscal year. | ||||||
20 | Between July 1 and August 31 of each fiscal year, the | ||||||
21 | members of the General Assembly and members of the public may | ||||||
22 | make written budget recommendations to the Governor. | ||||||
23 | Beginning with budgets prepared for fiscal year 2013, the | ||||||
24 | budgets submitted by the Governor and appropriations made by | ||||||
25 | the General Assembly for all executive branch State agencies | ||||||
26 | must adhere to a method of budgeting where each priority must |
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1 | be justified each year according to merit rather than | ||||||
2 | according to the amount appropriated for the preceding year. | ||||||
3 | Beginning with budgets prepared for fiscal year 2026, the | ||||||
4 | budgets submitted by the Governor and appropriations made by | ||||||
5 | the General Assembly for all executive branch State agencies | ||||||
6 | must include a detailed accounting of all proposed spending on | ||||||
7 | noncitizen and asylum-seeking populations. | ||||||
8 | (Source: P.A. 102-671, eff. 11-30-21.) | ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law. |