Illinois General Assembly - Full Text of SB3383
Illinois General Assembly

Previous General Assemblies

Full Text of SB3383  96th General Assembly


Rep. Carol A. Sente

Filed: 1/4/2011





09600SB3383ham002LRB096 20407 HLH 44665 a


2    AMENDMENT NO. ______. Amend Senate Bill 3383, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Public Labor Relations Act is
6amended by adding Section 21.5 as follows:
7    (5 ILCS 315/21.5 new)
8    Sec. 21.5. Termination of certain agreements after
9constitutional officers take office.
10    (a) No collective bargaining agreement entered into on or
11after the effective date of this amendatory Act of the 96th
12General Assembly between an executive branch constitutional
13officer or any agency or department of an executive branch
14constitutional officer and a labor organization may extend
15beyond June 30th of the year in which the terms of office of
16executive branch constitutional officers begin.



09600SB3383ham002- 2 -LRB096 20407 HLH 44665 a

1    (b) No collective bargaining agreement entered into on or
2after the effective date of this amendatory Act of the 96th
3General Assembly between an executive branch constitutional
4officer or any agency or department of an executive branch
5constitutional officer and a labor organization may provide for
6an increase in salary, wages, or benefits starting on or after
7the first day of the terms of office of executive branch
8constitutional officers and ending June 30th of that same year.
9    (c) Any collective bargaining agreement in violation of
10this Section is terminated and rendered null and void by
11operation of law.
12    (d) For purposes of this Section, "executive branch
13constitutional officer" has the same meaning as that term is
14defined in the State Officials and Employees Ethics Act.
15    Section 10. The State Budget Law of the Civil
16Administrative Code of Illinois is amended by changing Sections
1750-5 and 50-25 as follows:
18    (15 ILCS 20/50-5)
19    Sec. 50-5. Governor to submit State budget.
20    (a) The Governor shall, as soon as possible and not later
21than the second Wednesday in March in 2010 (March 10, 2010) and
22the third Wednesday in February of each year beginning in 2011,
23except as otherwise provided in this Section, submit a State
24budget, embracing therein the amounts recommended by the



09600SB3383ham002- 3 -LRB096 20407 HLH 44665 a

1Governor to be appropriated to the respective departments,
2offices, and institutions, and for all other public purposes,
3the estimated revenues from taxation, and the estimated
4revenues from sources other than taxation, and an estimate of
5the amount required to be raised by taxation. Except with
6respect to the capital development provisions of the State
7budget, beginning with the revenue estimates prepared for
8fiscal year 2012, revenue estimates shall be based solely on:
9(i) revenue sources (including non-income resources), rates,
10and levels that exist as of the date of the submission of the
11State budget for the fiscal year and (ii) revenue sources
12(including non-income resources), rates, and levels that have
13been passed by the General Assembly as of the date of the
14submission of the State budget for the fiscal year and that are
15authorized to take effect in that fiscal year. Except with
16respect to the capital development provisions of the State
17budget, the Governor shall determine available revenue, deduct
18the cost of essential government services, including, but not
19limited to, pension payments and debt service, and assign a
20percentage of the remaining revenue to each statewide
21prioritized goal, as established in Section 50-25 of this Law,
22taking into consideration the proposed goals set forth in the
23report of the Commission established under that Section. The
24Governor shall also demonstrate how spending priorities for the
25fiscal year fulfill those statewide goals. The amounts
26recommended by the Governor for appropriation to the respective



09600SB3383ham002- 4 -LRB096 20407 HLH 44665 a

1departments, offices and institutions shall be formulated
2according to each department's, office's, and institution's
3ability to effectively deliver services that meet the
4established statewide goals according to the various functions
5and activities for which the respective department, office or
6institution of the State government (including the elective
7officers in the executive department and including the
8University of Illinois and the judicial department) is
9responsible. The amounts relating to particular functions and
10activities shall be further formulated in accordance with the
11object classification specified in Section 13 of the State
12Finance Act. In addition, the amounts recommended by the
13Governor for appropriation shall take into account each State
14agency's effectiveness in achieving its prioritized goals for
15the previous fiscal year, as set forth in Section 50-25 of this
16Law, giving priority to agencies and programs that have
17demonstrated a focus on the prevention of waste and the maximum
18yield from resources.
19    Beginning in fiscal year 2011, the Governor shall
20distribute written quarterly financial reports on operating
21funds, which may include general, State, or federal funds and
22may include funds related to agencies that have significant
23impacts on State operations, budget statements to the General
24Assembly and the State Comptroller. The reports statements
25shall be submitted no later than 45 days after the last day on
26Wednesday of the last week of the last month of each quarter of



09600SB3383ham002- 5 -LRB096 20407 HLH 44665 a

1the fiscal year and, as is currently the practice on the
2effective date of this amendatory Act of the 96th General
3Assembly, shall be posted on the Governor's Office of
4Management and Budget's Comptroller's website on the same day.
5The reports statements shall be prepared and presented in an
6executive summary format that may include includes, for the
7fiscal year to date, individual itemizations for each
8significant revenue type source as well as individual
9itemizations of expenditures and obligations, by agency the
10classified line items set forth in Section 13 of the State
11Finance Act and for other purposes, with an appropriate level
12of detail. The reports statement shall include a calculation of
13the actual total budget surplus or deficit for the fiscal year
14to date. The Governor shall also present periodic budget
15addresses throughout the fiscal year at the invitation of the
16General Assembly.
17    The Governor shall not propose expenditures and the General
18Assembly shall not enact appropriations that exceed the
19resources estimated to be available, as provided in this
20Section. Appropriations may be adjusted during the fiscal year
21by means of one or more supplemental appropriation bills if any
22State agency either fails to meet or exceeds the goals set
23forth in Section 50-25 of this Law.
24    For the purposes of Article VIII, Section 2 of the 1970
25Illinois Constitution, the State budget for the following funds
26shall be prepared on the basis of revenue and expenditure



09600SB3383ham002- 6 -LRB096 20407 HLH 44665 a

1measurement concepts that are in concert with generally
2accepted accounting principles for governments:
3        (1) General Revenue Fund.
4        (2) Common School Fund.
5        (3) Educational Assistance Fund.
6        (4) Road Fund.
7        (5) Motor Fuel Tax Fund.
8        (6) Agricultural Premium Fund.
9    These funds shall be known as the "budgeted funds". The
10revenue estimates used in the State budget for the budgeted
11funds shall include the estimated beginning fund balance, plus
12revenues estimated to be received during the budgeted year,
13plus the estimated receipts due the State as of June 30 of the
14budgeted year that are expected to be collected during the
15lapse period following the budgeted year, minus the receipts
16collected during the first 2 months of the budgeted year that
17became due to the State in the year before the budgeted year.
18Revenues shall also include estimated federal reimbursements
19associated with the recognition of Section 25 of the State
20Finance Act liabilities. For any budgeted fund for which
21current year revenues are anticipated to exceed expenditures,
22the surplus shall be considered to be a resource available for
23expenditure in the budgeted fiscal year.
24    Expenditure estimates for the budgeted funds included in
25the State budget shall include the costs to be incurred by the
26State for the budgeted year, to be paid in the next fiscal



09600SB3383ham002- 7 -LRB096 20407 HLH 44665 a

1year, excluding costs paid in the budgeted year which were
2carried over from the prior year, where the payment is
3authorized by Section 25 of the State Finance Act. For any
4budgeted fund for which expenditures are expected to exceed
5revenues in the current fiscal year, the deficit shall be
6considered as a use of funds in the budgeted fiscal year.
7    Revenues and expenditures shall also include transfers
8between funds that are based on revenues received or costs
9incurred during the budget year.
10    Appropriations for expenditures shall also include all
11anticipated statutory continuing appropriation obligations
12that are expected to be incurred during the budgeted fiscal
14    By March 15 of each year, the Commission on Government
15Forecasting and Accountability shall prepare revenue and fund
16transfer estimates in accordance with the requirements of this
17Section and report those estimates to the General Assembly and
18the Governor.
19    For all funds other than the budgeted funds, the proposed
20expenditures shall not exceed funds estimated to be available
21for the fiscal year as shown in the budget. Appropriation for a
22fiscal year shall not exceed funds estimated by the General
23Assembly to be available during that year.
24    (b) This subsection applies only to the process for the
25proposed fiscal year 2011 budget.
26    By February 24, 2010, the Governor must file a written



09600SB3383ham002- 8 -LRB096 20407 HLH 44665 a

1report with the Secretary of the Senate and the Clerk of the
2House of Representatives containing the following:
3        (1) for fiscal year 2010, the revenues for all budgeted
4    funds, both actual to date and estimated for the full
5    fiscal year;
6        (2) for fiscal year 2010, the expenditures for all
7    budgeted funds, both actual to date and estimated for the
8    full fiscal year;
9        (3) for fiscal year 2011, the estimated revenues for
10    all budgeted funds, including without limitation the
11    affordable General Revenue Fund appropriations, for the
12    full fiscal year; and
13        (4) for fiscal year 2011, an estimate of the
14    anticipated liabilities for all budgeted funds, including
15    without limitation the affordable General Revenue Fund
16    appropriations, debt service on bonds issued, and the
17    State's contributions to the pension systems, for the full
18    fiscal year.
19    Between July 1 and August 31 of each fiscal year February
2024, 2010 and March 10, 2010, the members of the General
21Assembly and members of the public may make written budget
22recommendations to the Governor, and the Governor shall
23promptly make those recommendations available to the public
24through the Governor's Internet website.
25    Beginning with budgets prepared for fiscal year 2013, the
26budgets submitted by the Governor and appropriations made by



09600SB3383ham002- 9 -LRB096 20407 HLH 44665 a

1the General Assembly for all executive branch State agencies
2must adhere to a method of budgeting where each priority must
3be justified each year according to merit rather than according
4to the amount appropriated for the preceding year.
5(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
6eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10.)
7    (15 ILCS 20/50-25)
8    Sec. 50-25. Statewide prioritized goals. For fiscal year
92012 and each fiscal year thereafter, prior to the submission
10of the State budget, the Governor, in consultation with the
11appropriation committees of the General Assembly and,
12beginning with budgets prepared for fiscal year 2013, the
13commission established under this Section, shall: (i)
14prioritize outcomes that are most important for each State
15agency of the executive branch under the jurisdiction of the
16Governor to achieve for the next fiscal year and (ii) set goals
17to accomplish those outcomes according to the priority of the
18outcome. There must be a reasonable number of annually defined
19statewide goals defining State priorities for the budget. Each
20goal shall be further defined to facilitate success in
21achieving that goal. No later than July 31 of each fiscal year
22beginning in fiscal year 2012, the Governor shall establish a
23commission for the purpose of advising the Governor in setting
24those outcomes and goals, including the timeline for achieving
25those outcomes and goals. The commission shall be a



09600SB3383ham002- 10 -LRB096 20407 HLH 44665 a

1well-balanced group and shall be a manageable size. The
2commission shall hold at least 2 public meetings during each
3fiscal year. One meeting shall be held in the City of Chicago
4and one meeting shall be held in the City of Springfield. By
5November 1 of each year, the commission shall submit a report
6to the Governor and the General Assembly setting forth
7recommendations with respect to the Governor's proposed
8outcomes and goals. The report shall be published on the
9Governor's Office of Management and Budget's website. In its
10report, the commission shall propose a percentage of the total
11budget to be assigned to each proposed outcome and goal. The
12commission shall also review existing mandated expenditures
13and include in its report recommendations for the termination
14of mandated expenditures. The General Assembly may object to
15the commission's report by passing a joint resolution detailing
16the General Assembly's objections.
17    In addition, each other constitutional officer of the
18executive branch, in consultation with the appropriation
19committees of the General Assembly, shall: (i) prioritize
20outcomes that are most important for his or her office to
21achieve for the next fiscal year and (ii) set goals to
22accomplish those outcomes according to the priority of the
23outcome. The Governor and each constitutional officer shall
24separately conduct performance analyses to determine which
25programs, strategies, and activities will best achieve those
26desired outcomes. The Governor shall recommend that



09600SB3383ham002- 11 -LRB096 20407 HLH 44665 a

1appropriations be made to State agencies and officers for the
2next fiscal year based on the agreed upon goals and priorities.
3Each agency and officer may develop its own strategies for
4meeting those goals and shall review and analyze those
5strategies on a regular basis. The Governor shall also
6implement procedures to measure annual progress toward the
7State's highest priority outcomes and shall develop a statewide
8reporting system that compares the actual results with budgeted
9results. Those performance measures and results shall be posted
10on the State Comptroller's website, and compiled for
11distribution in the Comptroller's Public Accountability
12Report, as is currently the practice on the effective date of
13this amendatory Act of the 96th General Assembly.
14(Source: P.A. 96-958, eff. 7-1-10.)
15    Section 15. The Illinois Grant Funds Recovery Act is
16amended by adding Section 4.2 as follows:
17    (30 ILCS 705/4.2 new)
18    Sec. 4.2. Suspension of grant making authority. Any grant
19funds and any grant program administered by a grantor agency
20subject to this Act are indefinitely suspended on July 1, 2012,
21and on July 1st of every 5th year thereafter, unless the
22General Assembly, acting by Joint Resolution, authorizes that
23grantor agency to make grants or lifts the suspension of the
24authorization of that grantor agency to make grants. In the



09600SB3383ham002- 12 -LRB096 20407 HLH 44665 a

1case of a suspension of the authorization of a grantor agency
2to make grants, the authority of that grantor agency to make
3grants is suspended until the suspension is explicitly lifted
4by Joint Resolution by the General Assembly, even if an
5appropriation has been made for the explicit purpose of such
6grants. This suspension of grant making authority supersedes
7any other law or rule to the contrary.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".