Illinois General Assembly - Full Text of HB5079
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Full Text of HB5079  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/7/2012, by Rep. Sidney H. Mathias


15 ILCS 20/50-5

    Amends the State Budget Law of the Civil Administrative Code of Illinois. With respect to fiscal year appropriations, requires the General Assembly to take into account (i) whether the previous fiscal year's revenues were sufficient to pay for all obligations incurred during that fiscal year or whether those obligations were shifted to future years and (ii) whether revenues for the budgeted fiscal year can be reasonably projected to meet appropriations for the budgeted fiscal year. For each budgeted fiscal year, requires the General Assembly, by the same joint resolution adopted by record vote, to declare that the budget is balanced. Makes revisory changes.

LRB097 18154 JDS 63378 b





HB5079LRB097 18154 JDS 63378 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
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), and the third
13Wednesday in February of each year thereafter, except as
14otherwise provided in this Section, submit a State budget,
15embracing therein the amounts recommended by the Governor to be
16appropriated to the respective departments, offices, and
17institutions, and for all other public purposes, the estimated
18revenues from taxation, and the estimated revenues from sources
19other than taxation. Except with respect to the capital
20development provisions of the State budget, beginning with the
21revenue estimates prepared for fiscal year 2012, revenue
22estimates shall be based solely on: (i) revenue sources
23(including non-income resources), rates, and levels that exist



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1as of the date of the submission of the State budget for the
2fiscal year and (ii) revenue sources (including non-income
3resources), rates, and levels that have been passed by the
4General Assembly as of the date of the submission of the State
5budget for the fiscal year and that are authorized to take
6effect in that fiscal year. Except with respect to the capital
7development provisions of the State budget, the Governor shall
8determine available revenue, deduct the cost of essential
9government services, including, but not limited to, pension
10payments and debt service, and assign a percentage of the
11remaining revenue to each statewide prioritized goal, as
12established in Section 50-25 of this Law, taking into
13consideration the proposed goals set forth in the report of the
14Commission established under that Section. The Governor shall
15also demonstrate how spending priorities for the fiscal year
16fulfill those statewide goals. The amounts recommended by the
17Governor for appropriation to the respective departments,
18offices and institutions shall be formulated according to each
19department's, office's, and institution's ability to
20effectively deliver services that meet the established
21statewide goals. The amounts relating to particular functions
22and activities shall be further formulated in accordance with
23the object classification specified in Section 13 of the State
24Finance Act. In addition, the amounts recommended by the
25Governor for appropriation shall take into account each State
26agency's effectiveness in achieving its prioritized goals for



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1the previous fiscal year, as set forth in Section 50-25 of this
2Law, giving priority to agencies and programs that have
3demonstrated a focus on the prevention of waste and the maximum
4yield from resources.
5    Beginning in fiscal year 2011, the Governor shall
6distribute written quarterly financial reports on operating
7funds, which may include general, State, or federal funds and
8may include funds related to agencies that have significant
9impacts on State operations, and budget statements on all
10appropriated funds to the General Assembly and the State
11Comptroller. The reports shall be submitted no later than 45
12days after the last day of each quarter of the fiscal year and
13shall be posted on the Governor's Office of Management and
14Budget's website on the same day. The reports shall be prepared
15and presented for each State agency and on a statewide level in
16an executive summary format that may include, for the fiscal
17year to date, individual itemizations for each significant
18revenue type as well as itemizations of expenditures and
19obligations, by agency, with an appropriate level of detail.
20The reports shall include a calculation of the actual total
21budget surplus or deficit for the fiscal year to date. The
22Governor shall also present periodic budget addresses
23throughout the fiscal year at the invitation of the General
25    The Governor shall not propose expenditures and the General
26Assembly shall not enact appropriations that exceed the



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1resources estimated to be available, as provided in this
2Section. Appropriations may be adjusted during the fiscal year
3by means of one or more supplemental appropriation bills if any
4State agency either fails to meet or exceeds the goals set
5forth in Section 50-25 of this Law.
6    For the purposes of Article VIII, Section 2 of the 1970
7Illinois Constitution, the State budget for the following funds
8shall be prepared on the basis of revenue and expenditure
9measurement concepts that are in concert with generally
10accepted accounting principles for governments:
11        (1) General Revenue Fund.
12        (2) Common School Fund.
13        (3) Educational Assistance Fund.
14        (4) Road Fund.
15        (5) Motor Fuel Tax Fund.
16        (6) Agricultural Premium Fund.
17    These funds shall be known as the "budgeted funds". The
18revenue estimates used in the State budget for the budgeted
19funds shall include the estimated beginning fund balance, plus
20revenues estimated to be received during the budgeted year,
21plus the estimated receipts due the State as of June 30 of the
22budgeted year that are expected to be collected during the
23lapse period following the budgeted year, minus the receipts
24collected during the first 2 months of the budgeted year that
25became due to the State in the year before the budgeted year.
26Revenues shall also include estimated federal reimbursements



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1associated with the recognition of Section 25 of the State
2Finance Act liabilities. For any budgeted fund for which
3current year revenues are anticipated to exceed expenditures,
4the surplus shall be considered to be a resource available for
5expenditure in the budgeted fiscal year.
6    Expenditure estimates for the budgeted funds included in
7the State budget shall include the costs to be incurred by the
8State for the budgeted year, to be paid in the next fiscal
9year, excluding costs paid in the budgeted year which were
10carried over from the prior year, where the payment is
11authorized by Section 25 of the State Finance Act. For any
12budgeted fund for which expenditures are expected to exceed
13revenues in the current fiscal year, the deficit shall be
14considered as a use of funds in the budgeted fiscal year.
15    Revenues and expenditures shall also include transfers
16between funds that are based on revenues received or costs
17incurred during the budget year.
18    Appropriations for expenditures shall also include all
19anticipated statutory continuing appropriation obligations
20that are expected to be incurred during the budgeted fiscal
22    By March 15 of each year, the Commission on Government
23Forecasting and Accountability shall prepare revenue and fund
24transfer estimates in accordance with the requirements of this
25Section and report those estimates to the General Assembly and
26the Governor.



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1    For all funds other than the budgeted funds, the proposed
2expenditures shall not exceed funds estimated to be available
3for the fiscal year as shown in the budget. Appropriation for a
4fiscal year shall not exceed funds estimated by the General
5Assembly to be available during that year. The General Assembly
6shall take into account (i) whether the previous fiscal year's
7revenues were sufficient to pay for all obligations incurred
8during that fiscal year or whether those obligations were
9shifted to future years and (ii) whether revenues for the
10budgeted fiscal year can be reasonably projected to meet
11appropriations for the budgeted fiscal year. For each budgeted
12fiscal year, the General Assembly, by the same joint resolution
13adopted by record vote, shall declare that the budget is
15    (b) By February 24, 2010, the Governor must file a written
16report with the Secretary of the Senate and the Clerk of the
17House of Representatives containing the following:
18        (1) for fiscal year 2010, the revenues for all budgeted
19    funds, both actual to date and estimated for the full
20    fiscal year;
21        (2) for fiscal year 2010, the expenditures for all
22    budgeted funds, both actual to date and estimated for the
23    full fiscal year;
24        (3) for fiscal year 2011, the estimated revenues for
25    all budgeted funds, including without limitation the
26    affordable General Revenue Fund appropriations, for the



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1    full fiscal year; and
2        (4) for fiscal year 2011, an estimate of the
3    anticipated liabilities for all budgeted funds, including
4    without limitation the affordable General Revenue Fund
5    appropriations, debt service on bonds issued, and the
6    State's contributions to the pension systems, for the full
7    fiscal year.
8    Between July 1 and August 31 of each fiscal year, the
9members of the General Assembly and members of the public may
10make written budget recommendations to the Governor.
11    Beginning with budgets prepared for fiscal year 2013, the
12budgets submitted by the Governor and appropriations made by
13the General Assembly for all executive branch State agencies
14must adhere to a method of budgeting where each priority must
15be justified each year according to merit rather than according
16to the amount appropriated for the preceding year.
17(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
18eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
1996-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff.