HC0048 98TH GENERAL ASSEMBLY

LRB098 20127 JWD 55427 e

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0048

Introduced 2/14/2014, by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 5

ILCON Art. VIII, Sec. 2

Proposes to amend the Legislature and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that the State budget shall be based on estimated revenue (now funds); defines "revenue". Provides that appropriations are expendable only during the fiscal year for which they were appropriated. Provides that no budget shall become law without the Comptroller's independent certification that the planned expenditures are less than or equal to the revenue estimates for the ensuing fiscal year. Provides that appropriations for the current fiscal may not exceed the average annual revenue collected for the 3 prior years, adjusted in proportion to changes in population and inflation. Provides that within 30 days of the enactment of the State budget for a fiscal year, the Comptroller must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year. Provides that the Comptroller may find at any time during the fiscal year that the State budget has become unbalanced and so report to the General Assembly. Provides that a special session of the General Assembly shall be convened within 10 days of receiving a report from the Comptroller to enact a new State budget. Makes a conforming amendment to the Legislature Article. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 5 of Article IV and Section 2 of Article VIII of the Illinois Constitution as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 5)

SECTION 5. SESSIONS

(a) The General Assembly shall convene each year on the second Wednesday of January. The General Assembly shall be a continuous body during the term for which members of the House of Representatives are elected.

(b) The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by joint proclamation of the presiding officers of both houses, issued as provided by law, or as provided in subsection (c) of Section 2 of Article VIII.

(c) Sessions of each house of the General Assembly and meetings of committees, joint committees and legislative commissions shall be open to the public. Sessions and committee meetings of a house may be closed to the public if two-thirds of the members elected to that house determine that the public interest so requires; and meetings of joint committees and legislative commissions may be so closed if two-thirds of the members elected to each house so determine.

(Source: Illinois Constitution.)

ARTICLE VIII

FINANCE

(ILCON Art. VIII, Sec. 2)

SECTION 2. STATE FINANCE

(a) The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, a State budget for the ensuing fiscal year. The budget shall set forth the estimated balance of revenue funds available for appropriation at the beginning of the fiscal year, the estimated receipts, and a plan for expenditures and obligations during the fiscal year of every department, authority, public corporation and quasi-public corporation of the State, every State college and university, and every other public agency created by the State, but not of units of local government or school districts. The budget shall also set forth the indebtedness and contingent liabilities of the State and such other information as may be required by law. Proposed expenditures shall not exceed funds estimated to be available for the fiscal year as shown in the budget. Deficits shall not be carried forward from one fiscal year into the following fiscal year. In the event, after enactment of the State budget, revised estimates of expected revenues or expenditures, or both, show that expenditures will exceed estimated revenues, adjustments shall be made as necessary to revenues or expenditures, or both, to ensure that actual expenditures do not exceed actual revenues for that fiscal year. "Revenue" means receipts from taxes and fees; "revenue" does not include incurring debt, refinancing existing debt, or fund sweeps. No budget shall take effect unless: (i) the budget adheres to the spending limit set forth in this Section; and (ii) the Comptroller independently certifies that the planned expenditures in the budget are less than or equal to the balance of revenue estimated to be available by the General Assembly. Programmatic appropriations shall not be less than the amount required by State or federal law.

(b) The General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed the average annual revenue collected for the 3 prior years, adjusted in proportion to changes in population and inflation. All appropriations are expendable only during the fiscal year for which they were appropriated. Any lapse period spending shall not exceed the previous end-of-year budget balance. Current revenues shall not be used to pay for previous fiscal year lapse period spending. funds estimated by the General Assembly to be available during that year.

(c)(1) Within 30 days of the enactment of the law or laws comprising the State budget for a fiscal year, the Comptroller must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year pursuant to subsection (b).

(2) Within 10 days after the certification by the Comptroller that the budget is not balanced, the General Assembly must convene to address the State budget and enact a new State budget. If a special session is not convened by the Governor or the General Assembly by proclamation by the tenth day, the declaration by the Comptroller under this paragraph (2) shall operate to convene the General Assembly in special session on the tenth day. Upon the enactment of the law or laws comprising the new State budget, the Comptroller must certify whether the new State budget will be balanced with expenses not exceeding expected revenue.

(3) If the Comptroller finds at any time during the fiscal year that the State budget has become unbalanced, the procedure in paragraph (2) must be followed to create a balanced budget for the remainder of the fiscal year.

(Source: Illinois Constitution.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.