SB3708 EnrolledLRB096 20862 KTG 36633 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Budget Law of the Civil Administrative
5Code of Illinois is amended by changing Section 50-5 as
6follows:
 
7    (15 ILCS 20/50-5)
8    Sec. 50-5. Governor to submit State budget.
9    (a) The Governor shall, as soon as possible and not later
10than the second Wednesday in March in 2010 (March 10, 2010) and
11the third Wednesday in February of each year beginning in 2011,
12except as otherwise provided in this Section, submit a State
13budget, embracing therein the amounts recommended by the
14Governor to be appropriated to the respective departments,
15offices, and institutions, and for all other public purposes,
16the estimated revenues from taxation, the estimated revenues
17from sources other than taxation, and an estimate of the amount
18required to be raised by taxation. The amounts recommended by
19the Governor for appropriation to the respective departments,
20offices and institutions shall be formulated according to the
21various functions and activities for which the respective
22department, office or institution of the State government
23(including the elective officers in the executive department

 

 

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1and including the University of Illinois and the judicial
2department) is responsible. The amounts relating to particular
3functions and activities shall be further formulated in
4accordance with the object classification specified in Section
513 of the State Finance Act. In addition, the amounts
6recommended by the Governor for appropriation shall take into
7account each State agency's effectiveness in achieving its
8prioritized goals for the previous fiscal year, as set forth in
9Section 50-25 of this Law, giving priority to agencies and
10programs that have demonstrated a focus on the prevention of
11waste and the maximum yield from resources.
12    Beginning in fiscal year 2011, the Governor shall
13distribute written quarterly budget statements on all
14appropriated funds to the General Assembly and the State
15Comptroller. The statements shall be submitted no later than 45
16days after the last day on Wednesday of the last week of the
17last month of each quarter of the fiscal year and, as is
18currently the practice on the effective date of this amendatory
19Act of the 96th General Assembly, shall be posted on the
20Governor's Office of Management and Budget's Comptroller's
21website on the same day. The statements shall be prepared and
22presented for each State agency and on a statewide level in an
23executive summary format that includes, for the fiscal year to
24date, individual itemizations for each revenue type source as
25well as individual itemizations of expenditures and
26obligations, by the classified line items set forth in Section

 

 

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113 of the State Finance Act and for other purposes, with an
2appropriate level of detail. The statement shall include a
3calculation of the actual total budget surplus or deficit. The
4Governor shall also present periodic budget addresses
5throughout the fiscal year at the invitation of the General
6Assembly.
7    The Governor shall not propose expenditures and the General
8Assembly shall not enact appropriations that exceed the
9resources estimated to be available, as provided in this
10Section. Appropriations may be adjusted during the fiscal year
11by means of one or more supplemental appropriation bills if any
12State agency either fails to meet or exceeds the goals set
13forth in Section 50-25 of this Law.
14    For the purposes of Article VIII, Section 2 of the 1970
15Illinois Constitution, the State budget for the following funds
16shall be prepared on the basis of revenue and expenditure
17measurement concepts that are in concert with generally
18accepted accounting principles for governments:
19        (1) General Revenue Fund.
20        (2) Common School Fund.
21        (3) Educational Assistance Fund.
22        (4) Road Fund.
23        (5) Motor Fuel Tax Fund.
24        (6) Agricultural Premium Fund.
25    These funds shall be known as the "budgeted funds". The
26revenue estimates used in the State budget for the budgeted

 

 

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1funds shall include the estimated beginning fund balance, plus
2revenues estimated to be received during the budgeted year,
3plus the estimated receipts due the State as of June 30 of the
4budgeted year that are expected to be collected during the
5lapse period following the budgeted year, minus the receipts
6collected during the first 2 months of the budgeted year that
7became due to the State in the year before the budgeted year.
8Revenues shall also include estimated federal reimbursements
9associated with the recognition of Section 25 of the State
10Finance Act liabilities. For any budgeted fund for which
11current year revenues are anticipated to exceed expenditures,
12the surplus shall be considered to be a resource available for
13expenditure in the budgeted fiscal year.
14    Expenditure estimates for the budgeted funds included in
15the State budget shall include the costs to be incurred by the
16State for the budgeted year, to be paid in the next fiscal
17year, excluding costs paid in the budgeted year which were
18carried over from the prior year, where the payment is
19authorized by Section 25 of the State Finance Act. For any
20budgeted fund for which expenditures are expected to exceed
21revenues in the current fiscal year, the deficit shall be
22considered as a use of funds in the budgeted fiscal year.
23    Revenues and expenditures shall also include transfers
24between funds that are based on revenues received or costs
25incurred during the budget year.
26    Appropriations for expenditures shall also include all

 

 

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1anticipated statutory continuing appropriation obligations
2that are expected to be incurred during the budgeted fiscal
3year.
4    By March 15 of each year, the Commission on Government
5Forecasting and Accountability shall prepare revenue and fund
6transfer estimates in accordance with the requirements of this
7Section and report those estimates to the General Assembly and
8the Governor.
9    For all funds other than the budgeted funds, the proposed
10expenditures shall not exceed funds estimated to be available
11for the fiscal year as shown in the budget. Appropriation for a
12fiscal year shall not exceed funds estimated by the General
13Assembly to be available during that year.
14    (b) This subsection applies only to the process for the
15proposed fiscal year 2011 budget.
16    By February 24, 2010, the Governor must file a written
17report with the Secretary of the Senate and the Clerk of the
18House of Representatives containing the following:
19        (1) for fiscal year 2010, the revenues for all budgeted
20    funds, both actual to date and estimated for the full
21    fiscal year;
22        (2) for fiscal year 2010, the expenditures for all
23    budgeted funds, both actual to date and estimated for the
24    full fiscal year;
25        (3) for fiscal year 2011, the estimated revenues for
26    all budgeted funds, including without limitation the

 

 

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1    affordable General Revenue Fund appropriations, for the
2    full fiscal year; and
3        (4) for fiscal year 2011, an estimate of the
4    anticipated liabilities for all budgeted funds, including
5    without limitation the affordable General Revenue Fund
6    appropriations, debt service on bonds issued, and the
7    State's contributions to the pension systems, for the full
8    fiscal year.
9    Between February 24, 2010 and March 10, 2010, the members
10of the General Assembly and members of the public may make
11written budget recommendations to the Governor, and the
12Governor shall promptly make those recommendations available
13to the public through the Governor's Internet website.
14(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
15eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.