093_SB1758

 
                                     LRB093 10026 JAM 10277 b

 1        AN ACT concerning revenue estimates.

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

 4        Section   5.   The   State   Budget   Law  of  the  Civil
 5    Administrative  Code  of  Illinois  is  amended  by  changing
 6    Section 50-5 and by adding Section 50-5.5 as follows:

 7        (15 ILCS 20/50-5) (was 15 ILCS 20/38)
 8        Sec. 50-5.  Governor to submit State budget. The Governor
 9    shall, as soon as possible  and  not  later  than  the  third
10    Wednesday  in February of each year beginning in 1998, submit
11    a State budget, embracing therein the amounts recommended  by
12    the   Governor   to   be   appropriated   to  the  respective
13    departments, offices, and institutions,  and  for  all  other
14    public  purposes,  the  estimated revenues from taxation, the
15    estimated revenues from sources other than taxation,  and  an
16    estimate  of  the  amount  required to be raised by taxation.
17    The amounts recommended by the Governor for appropriation  to
18    the respective departments, offices and institutions shall be
19    formulated  according to the various functions and activities
20    for which the respective department, office or institution of
21    the State government (including the elective officers in  the
22    executive department and including the University of Illinois
23    and  the  judicial  department)  is  responsible. The amounts
24    relating to particular  functions  and  activities  shall  be
25    further    formulated   in   accordance   with   the   object
26    classification specified in Section 13 of the  State  Finance
27    Act.
28        The  Governor  shall  not  propose  expenditures  and the
29    General Assembly shall not enact appropriations  that  exceed
30    the  resources estimated to be available, as provided in this
31    Section.
 
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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,
15    plus  revenues  estimated  to be received during the budgeted
16    year, plus the estimated receipts due the State as of June 30
17    of the budgeted year that are expected to be collected during
18    the lapse period  following  the  budgeted  year,  minus  the
19    receipts  collected during the first 2 months of the budgeted
20    year that became due to the State  in  the  year  before  the
21    budgeted year.  Revenues shall also include estimated federal
22    reimbursements  associated with the recognition of Section 25
23    of the State Finance Act liabilities.  For any budgeted  fund
24    for  which  current  year  revenues are anticipated to exceed
25    expenditures,  the  surplus  shall  be  considered  to  be  a
26    resource available for expenditure  in  the  budgeted  fiscal
27    year.
28        Expenditure  estimates for the budgeted funds included in
29    the State budget shall include the costs to  be  incurred  by
30    the  State  for the budgeted year that are, to be paid in the
31    next fiscal year, excluding costs paid in the  budgeted  year
32    which  were  carried  over  from  the  prior  year, where the
33    payment is authorized by Section 25 of the State Finance Act.
34    For any budgeted fund for which expenditures are expected  to
 
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 1    exceed revenues in the current fiscal year, the deficit shall
 2    be considered as a use of funds in the budgeted fiscal year.
 3        Revenues  and  expenditures  shall also include transfers
 4    between funds that are based on revenues  received  or  costs
 5    incurred during the budget year.
 6        By March 15 of each year and until the Revenue Estimating
 7    Council  is  established,  the Economic and Fiscal Commission
 8    shall  prepare  revenue  and  fund  transfer   estimates   in
 9    accordance  with  the requirements of this Section and report
10    those estimates to the General Assembly and the Governor.
11        For all funds other than the budgeted funds, the proposed
12    expenditures shall not exceed funds estimated to be available
13    for the fiscal year as shown in the budget. Appropriation for
14    a fiscal year shall not exceed (i)  funds  estimated  by  the
15    General   Assembly  to  be  available  during  that  year  as
16    contained within the joint resolution adopted by the  General
17    Assembly  in  accordance  with  Section 50-5.5 of this Act or
18    (ii) funds estimated to be available in accordance with  this
19    Section prior to the effective date of this amendatory Act of
20    the 93rd General Assembly.
21    (Source: P.A. 90-479, eff. 8-17-97; 91-239, eff. 1-1-00.)

22        (15 ILCS 20/50-5.5 new)
23        Sec. 50-5.5. Revenue Estimating Council.
24        (a)  There  is  created  a  Revenue  Estimating  Council,
25    consisting  of  the Director of the Bureau of the Budget, the
26    State Comptroller, and the Director of the Illinois  Economic
27    and Fiscal Commission, or their designees.
28        (b)  By  January  1,  2005  and by January 1 of each year
29    thereafter,  the  Revenue  Estimating  Council  must  prepare
30    revenue and fund transfer estimates in  accordance  with  the
31    requirements  of  Section  50-5 and report those estimates to
32    the General Assembly. In addition to the revenue and transfer
33    estimates, the Revenue Estimating  Council  must  certify  an
 
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 1    estimate  of  all  income  of  the  State from all applicable
 2    revenue sources for the next ensuing fiscal year and  of  any
 3    other funds estimated to be available for that fiscal year.
 4        Notwithstanding  any  other provision of this subsection,
 5    for the purpose  of  determining  the  estimates  under  this
 6    Section  for fiscal year 2006, the Revenue Estimating Council
 7    must use the prior year's estimated general funds revenues as
 8    determined by the Economic and Fiscal Commission  for  fiscal
 9    year 2005.
10        By   April  15,  2005  and  by  April  15  of  each  year
11    thereafter, the  Revenue  Estimating  Council  must  issue  a
12    report  updating the estimates required under this subsection
13    as may be required based on more recent information. Upon its
14    issuance, the Revenue  Estimating  Council  must  submit  the
15    revised  report to the Governor and the General Assembly. The
16    House of Representatives and Senate must adopt the report  by
17    joint   resolution.  The  joint  resolution  constitutes  the
18    General Assembly's estimate, under subsection (b) of  Section
19    2  of Article VIII of the Illinois Constitution, of the funds
20    available during the next fiscal year.
21        (c)  Prior to the  beginning  of  the  fiscal  year,  the
22    Revenue  Estimating Council must prepare a cash flow estimate
23    of the general funds, identifying estimated revenues and cash
24    expenditures for  each  quarter  of  the  fiscal  year.  Each
25    quarter  of  the  fiscal year, the Revenue Estimating Council
26    must review the revenue and cash  expenditure  estimates  and
27    issue  a  report  to  the  Governor  and the General Assembly
28    containing updates  of  the  estimates  required  under  this
29    subsection    and   notification   of   potential   budgetary
30    shortfalls.

31        Section 10.  The Illinois Economic and Fiscal  Commission
32    Act is amended by changing Section 4 as follows:
 
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 1        (25 ILCS 155/4) (from Ch. 63, par. 344)
 2        Sec.   4.  (a)  The  Commission  shall  publish,  at  the
 3    convening of each regular session of the General Assembly,  a
 4    report  on  the  estimated  income  of  the  State  from  all
 5    applicable  revenue  sources for the next ensuing fiscal year
 6    and of any other funds estimated to  be  available  for  such
 7    fiscal  year.  On  the  third  Wednesday  in  March after the
 8    session convenes, the Commission shall issue  a  revised  and
 9    updated   set   of  revenue  figures  reflecting  the  latest
10    available information. In 2004, the House and Senate by joint
11    resolution shall adopt or modify such  estimates  as  may  be
12    appropriate.   The  joint  resolution  shall  constitute  the
13    General Assembly's estimate, under paragraph (b) of Section 2
14    of Article VIII of the Constitution, of the  funds  estimated
15    to be available during the next fiscal year.
16        (b)  On  the  third  Wednesday  in  March, the Commission
17    shall issue estimated:
18             (1)  pension funding requirements under P.A. 86-273;
19        and
20             (2)  liabilities of the State employee group  health
21        insurance program.
22        These  estimated  costs  shall  be  for  the  fiscal year
23    beginning the following July 1.
24        (c)  The  requirement  for  reporting  to   the   General
25    Assembly  shall  be  satisfied by filing copies of the report
26    with the Speaker, the Minority Leader and the  Clerk  of  the
27    House  of  Representatives  and  the  President, the Minority
28    Leader and the Secretary of the Senate  and  the  Legislative
29    Research  Unit,  as  required  by  Section  3.1 of "An Act to
30    revise the law in relation to the General Assembly", approved
31    February 25, 1874, as amended,  and  filing  such  additional
32    copies  with  the State Government Report Distribution Center
33    for the General Assembly as is required under  paragraph  (t)
34    of Section 7 of the State Library Act.
 
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 1    (Source: P.A. 87-1142.)

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