HB0972 94TH GENERAL ASSEMBLY

LRB094 08300 EFG 38492 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0972

Introduced 2/3/2005, by Rep. Kurt M. Granberg

SYNOPSIS AS INTRODUCED:

New Act
15 ILCS 20/50-10	was 15 ILCS 20/38.1
30 ILCS 105/25	from Ch. 127, par. 161

Creates the Capital Project Continuing Appropriation Act. Provides a continuing appropriation from the General Revenue Fund for certain capital projects that have been begun or authorized but are not funded in the State budget as it becomes law. Requires certification of the amount of the continuing appropriation by the Governor's Office of Management and Budget. Authorizes GOMB to direct reimbursement of the General Revenue Fund from other sources of funding that may become available. Amends the State Budget Law to require the Governor to include in the proposed budget funding for certain ongoing and newly authorized capital projects. Amends the State Finance Act to provide that appropriations and reappropriations for capital projects are not subject to single fiscal year limitations. Effective July 1, 2005.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning appropriations for capital projects.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Capital Project Continuing Appropriation Act.

Section 5. Continuing appropriation for capital projects.

(a) Beginning July 1, 2005, with respect to each ongoing capital project for which funding is not included in the State budget for a fiscal year and is not otherwise available, there is hereby appropriated, on a continuing annual basis, from the General Revenue Fund to the Capital Development Board or such other State agency as is responsible for the construction of that capital project, the amount that is necessary in that fiscal year to make reasonable and substantial progress on that capital project.

(b) Beginning July 1, 2006, with respect to each new capital project for which the Governor is required to include funding in the proposed budget for a fiscal year in accordance with Section 50-10 of the State Budget Law, but for which funding is not included in the budget as it becomes law for that fiscal year and is not otherwise available, there is hereby appropriated, on a continuing annual basis, from the General Revenue Fund to the Capital Development Board or such other State agency as is responsible for the construction of that capital project, the amount that is necessary in that fiscal year to make reasonable and substantial progress on that capital project.

(c) For the purposes of this Section, funding for a capital project shall be deemed to be not included in the budget if (1) an amount is not specified for that project in the budget as it becomes law, or (2) an amount is specified for that project, but the amount is insufficient to make reasonable and substantial progress on the project during the fiscal year.

(d) Upon the request of the Comptroller, the Governor's Office of Management and Budget, in cooperation with the Capital Development Board and the Commission on Government Forecasting and Accountability, shall review and report on the relevant appropriations and authorizations for a new or ongoing capital project and determine the amount of continuing appropriation that is available under this Section for the designated capital project in the designated fiscal year.

The amount of continuing appropriation available for a capital project under this Section shall be the amount which, together with any funding otherwise available for the project, is necessary to make reasonable and substantial progress on the project during the fiscal year, taking into account any existing design parameters, authorizations, and cost projections and reasonable scheduling constraints. The amount of continuing appropriation available for a capital project under this Section shall not be based on any expansion of the scope of the project beyond the original design parameters, authorizations, or cost projections for the project.

(e) A continuing appropriation under this Section does not become available, and the State Comptroller shall not authorize the obligation or expenditure of any funds pursuant to a continuing appropriation under this Section, until the amount of the continuing appropriation that is available under this Section for that project in that fiscal year has been determined and certified to the Comptroller by the Governor's Office of Management and Budget. The State Comptroller shall not authorize the obligation or expenditure of any funds pursuant to a continuing appropriation under this Section in excess of the amount of the continuing appropriation that is available under this Section for that project in that fiscal year as certified to the Comptroller by the Governor's Office of Management and Budget.

The funding that is otherwise available for a capital project must be used before the continuing appropriation under this Section. Funding that is otherwise available includes, without limitation: (i) any amount remaining available from an appropriation or reappropriation for the project from a previous fiscal year; (ii) any amount for the project that has been included within the budget for the fiscal year for which the continuing appropriation is sought, but that is alone insufficient to make reasonable and substantial progress on the project during the fiscal year; and (iii) any amount available under an appropriation for a class of capital projects that includes the project at issue but does not apply to it exclusively, to the extent that the appropriation has not been obligated or allocated to one or more other projects of the same class.

(f) If funding from a source other than the General Revenue Fund becomes available for a capital project for which a continuing appropriation under this Section has already been used, the Director of the Governor's Office of Management and Budget may direct the State Comptroller and Treasurer to transfer from that other source into the General Revenue Fund an amount not exceeding the amount of the continuing appropriation that was used.

Section 90. The State Budget Law of the Civil Administrative Code of Illinois is amended by changing Section 50-10 as follows:

(15 ILCS 20/50-10) (was 15 ILCS 20/38.1)

Sec. 50-10. Budget contents. The budget shall be submitted by the Governor with line item and program data. The budget shall also contain performance data presenting an estimate for the current fiscal year, projections for the budget year, and information for the 3 prior fiscal years comparing department objectives with actual accomplishments, formulated according to the various functions and activities, and, wherever the nature of the work admits, according to the work units, for which the respective departments, offices, and institutions of the State government (including the elective officers in the executive department and including the University of Illinois and the judicial department) are responsible.

For the fiscal year beginning July 1, 1992 and for each fiscal year thereafter, the budget shall include the performance measures of each department's accountability report.

For the fiscal year beginning July 1, 1997 and for each fiscal year thereafter, the budget shall include one or more line items appropriating moneys to the Department of Human Services to fund participation in the Home-Based Support Services Program for Mentally Disabled Adults under the Developmental Disability and Mental Disability Services Act by persons described in Section 2-17 of that Act.

The budget shall contain a capital development section in which the Governor will present (1) information on the capital projects and capital programs for which appropriations are requested, (2) the capital spending plans, which shall document the first and subsequent years cash requirements by fund for the proposed bonded program, and (3) a statement that shall identify by year the principal and interest costs until retirement of the State's general obligation debt. In addition, the principal and interest costs of the budget year program shall be presented separately, to indicate the marginal cost of principal and interest payments necessary to retire the additional bonds needed to finance the budget year's capital program. Beginning in the budget submitted for the fiscal year beginning July 1, 2006, the budget submitted by the Governor must include (i) funding for making reasonable and substantial progress on all ongoing capital projects begun in a previous fiscal year and (ii) funding for making reasonable and substantial progress on all new capital projects that the Governor, the Capital Development Board, or any other executive branch agency under the control of the Governor has authorized to be begun during the fiscal year for which the proposed budget is submitted. In 2004 only, the capital development section of the State budget shall be submitted by the Governor not later than the fourth Tuesday of March (March 23, 2004).

For the budget year, the current year, and 3 prior fiscal years, the Governor shall also include in the budget estimates of or actual values for the assets and liabilities for General Assembly Retirement System, State Employees' Retirement System of Illinois, State Universities Retirement System, Teachers' Retirement System of the State of Illinois, and Judges Retirement System of Illinois.

The budget submitted by the Governor shall contain, in addition, in a separate book, a tabulation of all position and employment titles in each such department, office, and institution, the number of each, and the salaries for each, formulated according to divisions, bureaus, sections, offices, departments, boards, and similar subdivisions, which shall correspond as nearly as practicable to the functions and activities for which the department, office, or institution is responsible.

Together with the budget, the Governor shall transmit the estimates of receipts and expenditures, as received by the Director of the Governor's Office of Management and Budget, of the elective officers in the executive and judicial departments and of the University of Illinois.

(Source: P.A. 93-662, eff. 2-11-04.)

Section 95. The State Finance Act is amended by changing Section 25 as follows:

(30 ILCS 105/25) (from Ch. 127, par. 161)

Sec. 25. Fiscal year limitations; lapse period; exceptions.

(a) Except as otherwise provided in this Act, all All appropriations shall be available for expenditure for the fiscal year or for a lesser period if the Act making that appropriation so specifies. A deficiency or emergency appropriation shall be available for expenditure only through June 30 of the year when the Act making that appropriation is enacted unless that Act otherwise provides.

(b) Outstanding liabilities as of June 30, payable from appropriations which have otherwise expired, may be paid out of the expiring appropriations during the 2-month period ending at the close of business on August 31. Any service involving professional or artistic skills or any personal services by an employee whose compensation is subject to income tax withholding must be performed as of June 30 of the fiscal year in order to be considered an "outstanding liability as of June 30" that is thereby eligible for payment out of the expiring appropriation.

However, payment of tuition reimbursement claims under Section 14-7.03 or 18-3 of the School Code may be made by the State Board of Education from its appropriations for those respective purposes for any fiscal year, even though the claims reimbursed by the payment may be claims attributable to a prior fiscal year, and payments may be made at the direction of the State Superintendent of Education from the fund from which the appropriation is made without regard to any fiscal year limitations.

Medical payments may be made by the Department of Veterans' Affairs from its appropriations for those purposes for any fiscal year, without regard to the fact that the medical services being compensated for by such payment may have been rendered in a prior fiscal year.

Medical payments may be made by the Department of Public Aid and medical payments and child care payments may be made by the Department of Human Services (as successor to the Department of Public Aid) from appropriations for those purposes for any fiscal year, without regard to the fact that the medical or child care services being compensated for by such payment may have been rendered in a prior fiscal year; and payments may be made at the direction of the Department of Central Management Services from the Health Insurance Reserve Fund and the Local Government Health Insurance Reserve Fund without regard to any fiscal year limitations.

Medical payments may be made by the Department of Human Services from its appropriations relating to substance abuse treatment services for any fiscal year, without regard to the fact that the medical services being compensated for by such payment may have been rendered in a prior fiscal year, provided the payments are made on a fee-for-service basis consistent with requirements established for Medicaid reimbursement by the Department of Public Aid.

Additionally, payments may be made by the Department of Human Services from its appropriations, or any other State agency from its appropriations with the approval of the Department of Human Services, from the Immigration Reform and Control Fund for purposes authorized pursuant to the Immigration Reform and Control Act of 1986, without regard to any fiscal year limitations.

Further, with respect to costs incurred in fiscal years 2002 and 2003 only, payments may be made by the State Treasurer from its appropriations from the Capital Litigation Trust Fund without regard to any fiscal year limitations.

Lease payments may be made by the Department of Central Management Services under the sale and leaseback provisions of Section 7.4 of the State Property Control Act with respect to the James R. Thompson Center and the Elgin Mental Health Center and surrounding land from appropriations for that purpose without regard to any fiscal year limitations.

Lease payments may be made under the sale and leaseback provisions of Section 7.5 of the State Property Control Act with respect to the Illinois State Toll Highway Authority headquarters building and surrounding land without regard to any fiscal year limitations.

(c) Further, payments may be made by the Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) from their respective appropriations for grants for medical care to or on behalf of persons suffering from chronic renal disease, persons suffering from hemophilia, rape victims, and premature and high-mortality risk infants and their mothers and for grants for supplemental food supplies provided under the United States Department of Agriculture Women, Infants and Children Nutrition Program, for any fiscal year without regard to the fact that the services being compensated for by such payment may have been rendered in a prior fiscal year.

(d) The Department of Public Health and the Department of Human Services (acting as successor to the Department of Public Health under the Department of Human Services Act) shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services provided in any prior fiscal year. This report shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years.

(e) The Department of Public Aid, the Department of Human Services (acting as successor to the Department of Public Aid), and the Department of Human Services making fee-for-service payments relating to substance abuse treatment services provided during a previous fiscal year shall each annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before November 30, a report that shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for (i) services provided in prior fiscal years and (ii) services for which claims were received in prior fiscal years.

(f) The Department of Human Services (as successor to the Department of Public Aid) shall annually submit to the State Comptroller, Senate President, Senate Minority Leader, Speaker of the House, House Minority Leader, and the respective Chairmen and Minority Spokesmen of the Appropriations Committees of the Senate and the House, on or before December 31, a report of fiscal year funds used to pay for services (other than medical care) provided in any prior fiscal year. This report shall document by program or service category those expenditures from the most recently completed fiscal year used to pay for services provided in prior fiscal years.

(g) In addition, each annual report required to be submitted by the Department of Public Aid under subsection (e) shall include the following information with respect to the State's Medicaid program:

(1) Explanations of the exact causes of the variance between the previous year's estimated and actual liabilities.

(2) Factors affecting the Department of Public Aid's liabilities, including but not limited to numbers of aid recipients, levels of medical service utilization by aid recipients, and inflation in the cost of medical services.

(3) The results of the Department's efforts to combat fraud and abuse.

(h) As provided in Section 4 of the General Assembly Compensation Act, any utility bill for service provided to a General Assembly member's district office for a period including portions of 2 consecutive fiscal years may be paid from funds appropriated for such expenditure in either fiscal year.

(i) An agency which administers a fund classified by the Comptroller as an internal service fund may issue rules for:

(1) billing user agencies in advance for payments or authorized inter-fund transfers based on estimated charges for goods or services;

(2) issuing credits, refunding through inter-fund transfers, or reducing future inter-fund transfers during the subsequent fiscal year for all user agency payments or authorized inter-fund transfers received during the prior fiscal year which were in excess of the final amounts owed by the user agency for that period; and

(3) issuing catch-up billings to user agencies during the subsequent fiscal year for amounts remaining due when payments or authorized inter-fund transfers received from the user agency during the prior fiscal year were less than the total amount owed for that period.

User agencies are authorized to reimburse internal service funds for catch-up billings by vouchers drawn against their respective appropriations for the fiscal year in which the catch-up billing was issued or by increasing an authorized inter-fund transfer during the current fiscal year. For the purposes of this Act, "inter-fund transfers" means transfers without the use of the voucher-warrant process, as authorized by Section 9.01 of the State Comptroller Act.

(j) An appropriation or reappropriation for a capital project is not subject to fiscal year limitations, notwithstanding any language in the appropriation Act that characterizes the appropriation or reappropriation as being for a particular fiscal year and notwithstanding subsections (a) and (b) of this Section. Amounts included in an appropriation or reappropriation for a capital project that remain unobligated or unexpended at the end of a fiscal year may be obligated and expended in subsequent fiscal years without reappropriation, but only for the purpose provided in the original appropriation. If the original appropriation required gubernatorial or other approval before expenditure, that approval, once given, continues in effect for that appropriation during subsequent fiscal years and need not be renewed. This subsection does not apply to continuing appropriations under the Capital Project Continuing Appropriation Act.

(Source: P.A. 92-885, eff. 1-13-03; 93-19, eff. 6-20-03; 93-839, eff. 7-30-04; 93-841, eff. 7-30-04; revised 10-25-04.)

Section 99. Effective date. This Act takes effect July 1, 2005.