Illinois General Assembly - Full Text of SB3639
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Full Text of SB3639  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/19/2022, by Sen. Dan McConchie


15 ILCS 20/50-5

    Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that, no later than the third Wednesday of February of each year, the Governor's Office of Management and Budget shall submit a report to the Secretary of the Senate and the Clerk of the House of Representatives containing the actual or projected fund balances, revenues, and expenditures for all appropriated funds for the previous fiscal year, the current fiscal year, and the upcoming fiscal year. Effective immediately.

LRB102 23126 HLH 32286 b





SB3639LRB102 23126 HLH 32286 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
5Administrative Code of Illinois is amended by changing Section
650-5 as 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
10than the second Wednesday in March in 2010 (March 10, 2010),
11the third Wednesday in February in 2011, the fourth Wednesday
12in February in 2012 (February 22, 2012), the first Wednesday
13in March in 2013 (March 6, 2013), the fourth Wednesday in March
14in 2014 (March 26, 2014), the first Wednesday in February in
152022 (February 2, 2022), and the third Wednesday in February
16of each year thereafter, except as otherwise provided in this
17Section, submit a State budget, embracing therein the amounts
18recommended by the Governor to be appropriated to the
19respective departments, offices, and institutions, and for all
20other public purposes, the estimated revenues from taxation,
21and the estimated revenues from sources other than taxation.
22Except with respect to the capital development provisions of
23the State budget, beginning with the revenue estimates



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1prepared for fiscal year 2012, revenue estimates shall be
2based solely on: (i) revenue sources (including non-income
3resources), rates, and levels that exist as of the date of the
4submission of the State budget for the fiscal year and (ii)
5revenue sources (including non-income resources), rates, and
6levels that have been passed by the General Assembly as of the
7date of the submission of the State budget for the fiscal year
8and that are authorized to take effect in that fiscal year.
9Except with respect to the capital development provisions of
10the State budget, the Governor shall determine available
11revenue, deduct the cost of essential government services,
12including, but not limited to, pension payments and debt
13service, and assign a percentage of the remaining revenue to
14each statewide prioritized goal, as established in Section
1550-25 of this Law, taking into consideration the proposed
16goals set forth in the report of the Commission established
17under that Section. The Governor shall also demonstrate how
18spending priorities for the fiscal year fulfill those
19statewide goals. The amounts recommended by the Governor for
20appropriation to the respective departments, offices and
21institutions shall be formulated according to each
22department's, office's, and institution's ability to
23effectively deliver services that meet the established
24statewide goals. The amounts relating to particular functions
25and activities shall be further formulated in accordance with
26the object classification specified in Section 13 of the State



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1Finance Act. In addition, the amounts recommended by the
2Governor for appropriation shall take into account each State
3agency's effectiveness in achieving its prioritized goals for
4the previous fiscal year, as set forth in Section 50-25 of this
5Law, giving priority to agencies and programs that have
6demonstrated a focus on the prevention of waste and the
7maximum yield from resources.
8    Beginning in fiscal year 2011, the Governor shall
9distribute written quarterly financial reports on operating
10funds, which may include general, State, or federal funds and
11may include funds related to agencies that have significant
12impacts on State operations, and budget statements on all
13appropriated funds to the General Assembly and the State
14Comptroller. The reports shall be submitted no later than 45
15days after the last day of each quarter of the fiscal year and
16shall be posted on the Governor's Office of Management and
17Budget's website on the same day. The reports shall be
18prepared and presented for each State agency and on a
19statewide level in an executive summary format that may
20include, for the fiscal year to date, individual itemizations
21for each significant revenue type as well as itemizations of
22expenditures and obligations, by agency, with an appropriate
23level of detail. The reports shall include a calculation of
24the actual total budget surplus or deficit for the fiscal year
25to date. The Governor shall also present periodic budget
26addresses throughout the fiscal year at the invitation of the



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1General Assembly.
2    The Governor shall not propose expenditures and the
3General Assembly shall not enact appropriations that exceed
4the resources estimated to be available, as provided in this
5Section. Appropriations may be adjusted during the fiscal year
6by means of one or more supplemental appropriation bills if
7any State agency either fails to meet or exceeds the goals set
8forth in Section 50-25 of this Law.
9    For the purposes of Article VIII, Section 2 of the 1970
10Illinois Constitution, the State budget for the following
11funds shall be prepared on the basis of revenue and
12expenditure measurement concepts that are in concert with
13generally accepted accounting principles for governments:
14        (1) General Revenue Fund.
15        (2) Common School Fund.
16        (3) Educational Assistance Fund.
17        (4) Road Fund.
18        (5) Motor Fuel Tax Fund.
19        (6) Agricultural Premium Fund.
20    These funds shall be known as the "budgeted funds". The
21revenue estimates used in the State budget for the budgeted
22funds shall include the estimated beginning fund balance, plus
23revenues estimated to be received during the budgeted year,
24plus the estimated receipts due the State as of June 30 of the
25budgeted year that are expected to be collected during the
26lapse period following the budgeted year, minus the receipts



SB3639- 5 -LRB102 23126 HLH 32286 b

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



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1transfer estimates in accordance with the requirements of this
2Section and report those estimates to the General Assembly and
3the Governor.
4    For all funds other than the budgeted funds, the proposed
5expenditures shall not exceed funds estimated to be available
6for the fiscal year as shown in the budget. Appropriation for a
7fiscal year shall not exceed funds estimated by the General
8Assembly to be available during that year.
9    No later than the third Wednesday of February of each
10year, the Governor's Office of Management and Budget shall
11submit a report to the Secretary of the Senate and the Clerk of
12the House of Representatives containing the actual or
13projected fund balances, revenues, and expenditures for all
14appropriated funds for the previous fiscal year, the current
15fiscal year, and the upcoming fiscal year.
16    (b) 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
20    budgeted funds, both actual to date and estimated for the
21    full 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 July 1 and August 31 of each fiscal year, the
10members of the General Assembly and members of the public may
11make written budget recommendations to the Governor.
12    Beginning with budgets prepared for fiscal year 2013, the
13budgets submitted by the Governor and appropriations made by
14the General Assembly for all executive branch State agencies
15must adhere to a method of budgeting where each priority must
16be justified each year according to merit rather than
17according to the amount appropriated for the preceding year.
18(Source: P.A. 102-671, eff. 11-30-21.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.