97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0380

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 20/50-5

    Amends the State Budget Law of the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Governor's submission of the State budget.


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A BILL FOR

 

HB0380LRB097 03267 RLJ 43304 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 The Governor shall, as soon as possible and not
10later than the second Wednesday in March in 2010 (March 10,
112010) and the third Wednesday in February of each year
12beginning in 2011, except as otherwise provided in this
13Section, submit a State budget, embracing therein the amounts
14recommended by the Governor to be appropriated to the
15respective departments, offices, and institutions, and for all
16other public purposes, the estimated revenues from taxation,
17the estimated revenues from sources other than taxation, and an
18estimate of the amount required to be raised by taxation. The
19amounts recommended by the Governor for appropriation to the
20respective departments, offices and institutions shall be
21formulated according to the various functions and activities
22for which the respective department, office or institution of
23the State government (including the elective officers in the

 

 

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1executive department and including the University of Illinois
2and the judicial department) is responsible. The amounts
3relating to particular functions and activities shall be
4further formulated in accordance with the object
5classification specified in Section 13 of the State Finance
6Act. In addition, the amounts recommended by the Governor for
7appropriation shall take into account each State agency's
8effectiveness in achieving its prioritized goals for the
9previous fiscal year, as set forth in Section 50-25 of this
10Law, giving priority to agencies and programs that have
11demonstrated a focus on the prevention of waste and the maximum
12yield from resources.
13    Beginning in fiscal year 2011, the Governor shall
14distribute written quarterly budget statements to the General
15Assembly and the State Comptroller. The statements shall be
16submitted on Wednesday of the last week of the last month of
17each quarter of the fiscal year and, as is currently the
18practice on the effective date of this amendatory Act of the
1996th General Assembly, shall be posted on the Comptroller's
20website on the same day. The statements shall be prepared and
21presented in an executive summary format that includes, for the
22fiscal year to date, individual itemizations for each revenue
23source as well as individual itemizations of expenditures and
24obligations, by the classified line items set forth in Section
2513 of the State Finance Act and for other purposes, with an
26appropriate level of detail. The statement shall include a

 

 

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

 

 

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

 

 

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

 

 

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