Illinois General Assembly - Full Text of SB1609
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Full Text of SB1609  97th General Assembly


Rep. Barbara Flynn Currie

Filed: 11/22/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1609, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The State Budget Law of the Civil
6Administrative Code of Illinois is amended by changing Section
750-5 as follows:
8    (15 ILCS 20/50-5)
9    Sec. 50-5. Governor to submit State budget.
10    (a) The Governor shall, as soon as possible and not later
11than the second Wednesday in March in 2010 (March 10, 2010),
12and the third Wednesday in February of each year beginning in
132011, the fourth Wednesday in February in 2012 (February 22,
142012), and the third Wednesday in February of each year
15thereafter, except as otherwise provided in this Section,
16submit a State budget, embracing therein the amounts



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



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



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1obligations, by agency, with an appropriate level of detail.
2The reports shall include a calculation of the actual total
3budget surplus or deficit for the fiscal year to date. The
4Governor shall also present periodic budget addresses
5throughout the fiscal year at the invitation of the General
7    The Governor shall not propose expenditures and the General
8Assembly shall not enact appropriations that exceed the
9resources estimated to be available, as provided in this
10Section. Appropriations may be adjusted during the fiscal year
11by means of one or more supplemental appropriation bills if any
12State agency either fails to meet or exceeds the goals set
13forth in Section 50-25 of this Law.
14    For the purposes of Article VIII, Section 2 of the 1970
15Illinois Constitution, the State budget for the following funds
16shall be prepared on the basis of revenue and expenditure
17measurement concepts that are in concert with generally
18accepted accounting principles for governments:
19        (1) General Revenue Fund.
20        (2) Common School Fund.
21        (3) Educational Assistance Fund.
22        (4) Road Fund.
23        (5) Motor Fuel Tax Fund.
24        (6) Agricultural Premium Fund.
25    These funds shall be known as the "budgeted funds". The
26revenue estimates used in the State budget for the budgeted



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1funds shall include the estimated beginning fund balance, plus
2revenues estimated to be received during the budgeted year,
3plus the estimated receipts due the State as of June 30 of the
4budgeted year that are expected to be collected during the
5lapse period following the budgeted year, minus the receipts
6collected during the first 2 months of the budgeted year that
7became due to the State in the year before the budgeted year.
8Revenues shall also include estimated federal reimbursements
9associated with the recognition of Section 25 of the State
10Finance Act liabilities. For any budgeted fund for which
11current year revenues are anticipated to exceed expenditures,
12the surplus shall be considered to be a resource available for
13expenditure in the budgeted fiscal year.
14    Expenditure estimates for the budgeted funds included in
15the State budget shall include the costs to be incurred by the
16State for the budgeted year, to be paid in the next fiscal
17year, excluding costs paid in the budgeted year which were
18carried over from the prior year, where the payment is
19authorized by Section 25 of the State Finance Act. For any
20budgeted fund for which expenditures are expected to exceed
21revenues in the current fiscal year, the deficit shall be
22considered as a use of funds in the budgeted fiscal year.
23    Revenues and expenditures shall also include transfers
24between funds that are based on revenues received or costs
25incurred during the budget year.
26    Appropriations for expenditures shall also include all



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1anticipated statutory continuing appropriation obligations
2that are expected to be incurred during the budgeted fiscal
4    By March 15 of each year, the Commission on Government
5Forecasting and Accountability shall prepare revenue and fund
6transfer estimates in accordance with the requirements of this
7Section and report those estimates to the General Assembly and
8the Governor.
9    For all funds other than the budgeted funds, the proposed
10expenditures shall not exceed funds estimated to be available
11for the fiscal year as shown in the budget. Appropriation for a
12fiscal year shall not exceed funds estimated by the General
13Assembly to be available during that year.
14    (b) By February 24, 2010, the Governor must file a written
15report with the Secretary of the Senate and the Clerk of the
16House of Representatives containing the following:
17        (1) for fiscal year 2010, the revenues for all budgeted
18    funds, both actual to date and estimated for the full
19    fiscal year;
20        (2) for fiscal year 2010, the expenditures for all
21    budgeted funds, both actual to date and estimated for the
22    full fiscal year;
23        (3) for fiscal year 2011, the estimated revenues for
24    all budgeted funds, including without limitation the
25    affordable General Revenue Fund appropriations, for the
26    full fiscal year; and



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1        (4) for fiscal year 2011, an estimate of the
2    anticipated liabilities for all budgeted funds, including
3    without limitation the affordable General Revenue Fund
4    appropriations, debt service on bonds issued, and the
5    State's contributions to the pension systems, for the full
6    fiscal year.
7    Between July 1 and August 31 of each fiscal year, the
8members of the General Assembly and members of the public may
9make written budget recommendations to the Governor.
10    Beginning with budgets prepared for fiscal year 2013, the
11budgets submitted by the Governor and appropriations made by
12the General Assembly for all executive branch State agencies
13must adhere to a method of budgeting where each priority must
14be justified each year according to merit rather than according
15to the amount appropriated for the preceding year.
16(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
17eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
1896-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; revised
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".