Full Text of HB4039 101st General Assembly
HB4039 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4039 Introduced 1/8/2020, by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| |
Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides specified requirements for State budgets prepared for and after State fiscal year 2021. Makes conforming changes. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4039 | | LRB101 16187 RJF 65559 b |
|
| 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 5. The State Budget Law of the Civil Administrative | 5 | | Code of Illinois is amended by changing Section 50-5 as | 6 | | follows: | 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 | 10 | | than the second
Wednesday in March in 2010 (March 10, 2010), | 11 | | the third
Wednesday in February in 2011, the fourth Wednesday | 12 | | in February in 2012 (February 22, 2012), the first Wednesday in | 13 | | March in 2013 (March 6, 2013), the fourth Wednesday in March in | 14 | | 2014 (March 26, 2014), and the third Wednesday in February of | 15 | | each year thereafter, except as otherwise provided in this | 16 | | Section, submit a
State budget, embracing therein the amounts | 17 | | recommended by the Governor to be
appropriated to the | 18 | | respective departments, offices, and institutions, and
for all | 19 | | other public purposes, the estimated revenues from taxation, | 20 | | and the
estimated revenues from sources other than taxation. | 21 | | Except with respect to the capital development provisions of | 22 | | the State budget, beginning with the revenue estimates prepared | 23 | | for fiscal year 2012 through fiscal year 2020 , revenue |
| | | HB4039 | - 2 - | LRB101 16187 RJF 65559 b |
|
| 1 | | estimates shall be based solely on: (i) revenue sources | 2 | | (including non-income resources), rates, and levels that exist | 3 | | as of the date of the submission of the State budget for the | 4 | | fiscal year and (ii) revenue sources (including non-income | 5 | | resources), rates, and levels that have been passed by the | 6 | | General Assembly as of the date of the submission of the State | 7 | | budget for the fiscal year and that are authorized to take | 8 | | effect in that fiscal year. Beginning with budgets prepared for | 9 | | fiscal year 2021, revenue estimates shall be determined as | 10 | | provided under paragraph (1) of subsection (a-5). Except with | 11 | | respect to the capital development provisions of the State | 12 | | budget, the Governor shall determine available revenue, deduct | 13 | | the cost of essential government services, including, but not | 14 | | limited to, pension payments and debt service, and assign a | 15 | | percentage of the remaining revenue to each statewide | 16 | | prioritized goal, as established in Section 50-25 of this Law, | 17 | | taking into consideration the proposed goals set forth in the | 18 | | report of the Commission established under that Section. The | 19 | | Governor shall also demonstrate how spending priorities for the | 20 | | fiscal year fulfill those statewide goals. The amounts | 21 | | recommended by the
Governor for appropriation to the respective | 22 | | departments, offices and
institutions shall be formulated | 23 | | according to each department's, office's, and institution's | 24 | | ability to effectively deliver services that meet the | 25 | | established statewide goals. The amounts relating to | 26 | | particular functions
and activities shall be further |
| | | HB4039 | - 3 - | LRB101 16187 RJF 65559 b |
|
| 1 | | formulated in accordance with the object
classification | 2 | | specified in Section 13 of the State Finance Act. In addition, | 3 | | the amounts recommended by the Governor for appropriation shall | 4 | | take into account each State agency's effectiveness in | 5 | | achieving its prioritized goals for the previous fiscal year, | 6 | | as set forth in Section 50-25 of this Law, giving priority to | 7 | | agencies and programs that have demonstrated a focus on the | 8 | | prevention of waste and the maximum yield from resources. | 9 | | Beginning in fiscal year 2011, the Governor shall | 10 | | distribute written quarterly financial reports on operating | 11 | | funds, which may include general, State, or federal funds and | 12 | | may include funds related to agencies that have significant | 13 | | impacts on State operations, and budget statements on all | 14 | | appropriated funds to the General Assembly and the State | 15 | | Comptroller. The reports shall be submitted no later than 45 | 16 | | days after the last day of each quarter of the fiscal year and | 17 | | shall be posted on the Governor's Office of Management and | 18 | | Budget's website on the same day. The reports shall be prepared | 19 | | and presented for each State agency and on a statewide level in | 20 | | an executive summary format that may include, for the fiscal | 21 | | year to date, individual itemizations for each significant | 22 | | revenue type as well as itemizations of expenditures and | 23 | | obligations, by agency, with an appropriate level of detail. | 24 | | The reports shall include a calculation of the actual total | 25 | | budget surplus or deficit for the fiscal year to date. The | 26 | | Governor shall also present periodic budget addresses |
| | | HB4039 | - 4 - | LRB101 16187 RJF 65559 b |
|
| 1 | | throughout the fiscal year at the invitation of the General | 2 | | Assembly. | 3 | | The Governor shall not propose expenditures and the General | 4 | | Assembly shall
not enact appropriations that exceed the | 5 | | resources estimated to be available,
as provided in this | 6 | | Section. Appropriations may be adjusted during the fiscal year | 7 | | by means of one or more supplemental appropriation bills if any | 8 | | State agency either fails to meet or exceeds the goals set | 9 | | forth in Section 50-25 of this Law. | 10 | | For the purposes of Article VIII, Section 2 of the 1970
| 11 | | Illinois Constitution, the State budget for the following funds | 12 | | shall be
prepared on the basis of revenue and expenditure | 13 | | measurement concepts that are
in concert with generally | 14 | | accepted accounting principles for governments: | 15 | | (1) General Revenue Fund. | 16 | | (2) Common School Fund. | 17 | | (3) Educational Assistance Fund. | 18 | | (4) Road Fund. | 19 | | (5) Motor Fuel Tax Fund. | 20 | | (6) Agricultural Premium Fund. | 21 | | These funds shall be known as the "budgeted funds". The | 22 | | revenue
estimates used in the State budget for the budgeted | 23 | | funds shall include the
estimated beginning fund balance, plus
| 24 | | revenues estimated to be received during the budgeted year, | 25 | | plus the estimated
receipts due the State as of June 30 of the | 26 | | budgeted year that are expected to
be collected during the |
| | | HB4039 | - 5 - | LRB101 16187 RJF 65559 b |
|
| 1 | | lapse period following the budgeted year, minus the
receipts | 2 | | collected during the first 2 months of the budgeted year that | 3 | | became
due to the State in the year before the budgeted year. | 4 | | Revenues shall also
include estimated federal reimbursements | 5 | | associated with the recognition of
Section 25 of the State | 6 | | Finance Act liabilities. For any budgeted fund
for which | 7 | | current year revenues are anticipated to exceed expenditures, | 8 | | the
surplus shall be considered to be a resource available for | 9 | | expenditure in the
budgeted fiscal year. | 10 | | Expenditure estimates for the budgeted funds included in | 11 | | the State budget
shall include the costs to be incurred by the | 12 | | State for the budgeted year,
to be paid in the next fiscal | 13 | | year, excluding costs paid in the budgeted year
which were | 14 | | carried over from the prior year, where the payment is | 15 | | authorized by
Section
25 of the State Finance Act. For any | 16 | | budgeted fund
for which expenditures are expected to exceed | 17 | | revenues in the current fiscal
year, the deficit shall be | 18 | | considered as a use of funds in the budgeted fiscal
year. | 19 | | Revenues and expenditures shall also include transfers | 20 | | between funds that are
based on revenues received or costs | 21 | | incurred during the budget year. | 22 | | Appropriations for expenditures shall also include all | 23 | | anticipated statutory continuing appropriation obligations | 24 | | that are expected to be incurred during the budgeted fiscal | 25 | | year. | 26 | | By
March 15 of each year, the
Commission on Government |
| | | HB4039 | - 6 - | LRB101 16187 RJF 65559 b |
|
| 1 | | Forecasting and Accountability shall prepare
revenue and fund | 2 | | transfer estimates in accordance with the requirements of this
| 3 | | Section and report those estimates to the General Assembly and | 4 | | the Governor. | 5 | | For all funds other than the budgeted funds, the proposed | 6 | | expenditures shall
not exceed funds estimated to be available | 7 | | for the fiscal year as shown in the
budget. Appropriation for a | 8 | | fiscal year shall not exceed funds estimated by
the General | 9 | | Assembly to be available during that year. | 10 | | (a-5) Beginning with budgets prepared for fiscal year 2021: | 11 | | (1) Revenue estimates shall be based solely on receipts | 12 | | from taxes, fees, and federal transfers and shall not | 13 | | include debt incurred, existing debt refinanced, or | 14 | | additional funds appropriated, assigned, or transferred | 15 | | from another State fund. | 16 | | (2) The General Assembly by law shall make | 17 | | appropriations for all expenditures of public funds by the | 18 | | State. Appropriations for a fiscal year shall not exceed | 19 | | revenue estimated by the General Assembly to be available | 20 | | during fiscal that year. Except for deficiency or emergency | 21 | | appropriations, all appropriations are expendable only | 22 | | during the fiscal year for which they were appropriated, | 23 | | except that the General Assembly may provide for | 24 | | appropriations from the Budget Stabilization Fund in | 25 | | excess of revenue estimated by the General Assembly to be | 26 | | available during that fiscal year by adoption of a |
| | | HB4039 | - 7 - | LRB101 16187 RJF 65559 b |
|
| 1 | | resolution approved by a record vote of three-fifths of the | 2 | | members of each house. The excess appropriations may not | 3 | | exceed the total amount available in the Budget | 4 | | Stabilization Fund. | 5 | | (3) No public money shall be expended except pursuant | 6 | | to appropriations made by law. Expenditures for any fiscal | 7 | | year shall not exceed the State's revenues and reserves in | 8 | | the general funds, including proceeds of any debt | 9 | | obligation, for that fiscal year. No debt obligation, | 10 | | except as shall be repaid within the fiscal year of | 11 | | issuance, shall be authorized for the current operation of | 12 | | any State service or program, nor shall the proceeds of any | 13 | | debt obligation be expended for a purpose other than that | 14 | | for which it was authorized. | 15 | | (4) Any law requiring the expenditure of State funds | 16 | | shall be null and void unless, during the session in which | 17 | | the act receives final passage, an appropriation is made | 18 | | for the estimated first year's funding. | 19 | | (b) By February 24, 2010, the Governor must file a written | 20 | | report with the Secretary of the Senate and the Clerk of the | 21 | | House of Representatives containing the following: | 22 | | (1) for fiscal year 2010, the revenues for all budgeted | 23 | | funds, both actual to date and estimated for the full | 24 | | fiscal year; | 25 | | (2) for fiscal year 2010, the expenditures for all | 26 | | budgeted funds, both actual to date and estimated for the |
| | | HB4039 | - 8 - | LRB101 16187 RJF 65559 b |
|
| 1 | | full fiscal year; | 2 | | (3) for fiscal year 2011, the estimated revenues for | 3 | | all budgeted funds, including without limitation the | 4 | | affordable General Revenue Fund appropriations, for the | 5 | | full fiscal year; and | 6 | | (4) for fiscal year 2011, an estimate of the | 7 | | anticipated liabilities for all budgeted funds, including | 8 | | without limitation the affordable General Revenue Fund | 9 | | appropriations, debt service on bonds issued, and the | 10 | | State's contributions to the pension systems, for the full | 11 | | fiscal year. | 12 | | Between July 1 and August 31 of each fiscal year, the | 13 | | members of the General Assembly and members of the public may | 14 | | make written budget recommendations to the Governor. | 15 | | Beginning with budgets prepared for fiscal year 2013, the | 16 | | budgets submitted by the Governor and appropriations made by | 17 | | the General Assembly for all executive branch State agencies | 18 | | must adhere to a method of budgeting where each priority must | 19 | | be justified each year according to merit rather than according | 20 | | to the amount appropriated for the preceding year. | 21 | | (Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12; 98-2, | 22 | | eff. 2-19-13; 98-626, eff. 2-5-14.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
|
|