Full Text of SB1609 97th General Assembly
SB1609enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Budget Law of the Civil Administrative | 5 | | Code of Illinois is amended by changing Section 50-5 as | 6 | | 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 | 10 | | than the second
Wednesday in March in 2010 (March 10, 2010) , | 11 | | and the third
Wednesday in February of each year beginning in | 12 | | 2011, the fourth Wednesday in February in 2012 (February 22, | 13 | | 2012), and the third Wednesday in February of each year | 14 | | thereafter, except as otherwise provided in this Section, | 15 | | submit a
State budget, embracing therein the amounts | 16 | | recommended by the Governor to be
appropriated to the | 17 | | respective departments, offices, and institutions, and
for all | 18 | | other public purposes, the estimated revenues from taxation, | 19 | | and the
estimated revenues from sources other than taxation. | 20 | | Except with respect to the capital development provisions of | 21 | | the State budget, beginning with the revenue estimates prepared | 22 | | for fiscal year 2012, revenue estimates shall be based solely | 23 | | on: (i) revenue sources (including non-income resources), |
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| 1 | | rates, and levels that exist as of the date of the submission | 2 | | of the State budget for the fiscal year and (ii) revenue | 3 | | sources (including non-income resources), rates, and levels | 4 | | that have been passed by the General Assembly as of the date of | 5 | | the submission of the State budget for the fiscal year and that | 6 | | are authorized to take effect in that fiscal year. Except with | 7 | | respect to the capital development provisions of the State | 8 | | budget, the Governor shall determine available revenue, deduct | 9 | | the cost of essential government services, including, but not | 10 | | limited to, pension payments and debt service, and assign a | 11 | | percentage of the remaining revenue to each statewide | 12 | | prioritized goal, as established in Section 50-25 of this Law, | 13 | | taking into consideration the proposed goals set forth in the | 14 | | report of the Commission established under that Section. The | 15 | | Governor shall also demonstrate how spending priorities for the | 16 | | fiscal year fulfill those statewide goals. The amounts | 17 | | recommended by the
Governor for appropriation to the respective | 18 | | departments, offices and
institutions shall be formulated | 19 | | according to each department's, office's, and institution's | 20 | | ability to effectively deliver services that meet the | 21 | | established statewide goals. The amounts relating to | 22 | | particular functions
and activities shall be further | 23 | | formulated in accordance with the object
classification | 24 | | specified in Section 13 of the State Finance Act. In addition, | 25 | | the amounts recommended by the Governor for appropriation shall | 26 | | take into account each State agency's effectiveness in |
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| 1 | | achieving its prioritized goals for the previous fiscal year, | 2 | | as set forth in Section 50-25 of this Law, giving priority to | 3 | | agencies and programs that have demonstrated a focus on the | 4 | | prevention of waste and the maximum yield from resources. | 5 | | Beginning in fiscal year 2011, the Governor shall | 6 | | distribute written quarterly financial reports on operating | 7 | | funds, which may include general, State, or federal funds and | 8 | | may include funds related to agencies that have significant | 9 | | impacts on State operations, and budget statements on all | 10 | | appropriated funds to the General Assembly and the State | 11 | | Comptroller. The reports shall be submitted no later than 45 | 12 | | days after the last day of each quarter of the fiscal year and | 13 | | shall be posted on the Governor's Office of Management and | 14 | | Budget's website on the same day. The reports shall be prepared | 15 | | and presented for each State agency and on a statewide level in | 16 | | an executive summary format that may include, for the fiscal | 17 | | year to date, individual itemizations for each significant | 18 | | revenue type as well as itemizations of expenditures and | 19 | | obligations, by agency, with an appropriate level of detail. | 20 | | The reports shall include a calculation of the actual total | 21 | | budget surplus or deficit for the fiscal year to date. The | 22 | | Governor shall also present periodic budget addresses | 23 | | throughout the fiscal year at the invitation of the General | 24 | | Assembly. | 25 | | The Governor shall not propose expenditures and the General | 26 | | Assembly shall
not enact appropriations that exceed the |
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| 1 | | resources estimated to be available,
as provided in this | 2 | | Section. Appropriations may be adjusted during the fiscal year | 3 | | by means of one or more supplemental appropriation bills if any | 4 | | State agency either fails to meet or exceeds the goals set | 5 | | forth in Section 50-25 of this Law. | 6 | | For the purposes of Article VIII, Section 2 of the 1970
| 7 | | Illinois Constitution, the State budget for the following funds | 8 | | shall be
prepared on the basis of revenue and expenditure | 9 | | measurement concepts that are
in concert with generally | 10 | | accepted 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 | 18 | | revenue
estimates used in the State budget for the budgeted | 19 | | funds shall include the
estimated beginning fund balance, plus
| 20 | | revenues estimated to be received during the budgeted year, | 21 | | plus the estimated
receipts due the State as of June 30 of the | 22 | | budgeted year that are expected to
be collected during the | 23 | | lapse period following the budgeted year, minus the
receipts | 24 | | collected during the first 2 months of the budgeted year that | 25 | | became
due to the State in the year before the budgeted year. | 26 | | Revenues shall also
include estimated federal reimbursements |
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| 1 | | associated with the recognition of
Section 25 of the State | 2 | | Finance Act liabilities. For any budgeted fund
for which | 3 | | current year revenues are anticipated to exceed expenditures, | 4 | | the
surplus shall be considered to be a resource available for | 5 | | expenditure in the
budgeted fiscal year. | 6 | | Expenditure estimates for the budgeted funds included in | 7 | | the State budget
shall include the costs to be incurred by the | 8 | | State for the budgeted year,
to be paid in the next fiscal | 9 | | year, excluding costs paid in the budgeted year
which were | 10 | | carried over from the prior year, where the payment is | 11 | | authorized by
Section
25 of the State Finance Act. For any | 12 | | budgeted fund
for which expenditures are expected to exceed | 13 | | revenues in the current fiscal
year, the deficit shall be | 14 | | considered as a use of funds in the budgeted fiscal
year. | 15 | | Revenues and expenditures shall also include transfers | 16 | | between funds that are
based on revenues received or costs | 17 | | incurred during the budget year. | 18 | | Appropriations for expenditures shall also include all | 19 | | anticipated statutory continuing appropriation obligations | 20 | | that are expected to be incurred during the budgeted fiscal | 21 | | year. | 22 | | By
March 15 of each year, the
Commission on Government | 23 | | Forecasting and Accountability shall prepare
revenue and fund | 24 | | transfer estimates in accordance with the requirements of this
| 25 | | Section and report those estimates to the General Assembly and | 26 | | the Governor. |
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| 1 | | For all funds other than the budgeted funds, the proposed | 2 | | expenditures shall
not exceed funds estimated to be available | 3 | | for the fiscal year as shown in the
budget. Appropriation for a | 4 | | fiscal year shall not exceed funds estimated by
the General | 5 | | Assembly to be available during that year. | 6 | | (b) By February 24, 2010, the Governor must file a written | 7 | | report with the Secretary of the Senate and the Clerk of the | 8 | | House of Representatives containing the following: | 9 | | (1) for fiscal year 2010, the revenues for all budgeted | 10 | | funds, both actual to date and estimated for the full | 11 | | fiscal year; | 12 | | (2) for fiscal year 2010, the expenditures for all | 13 | | budgeted funds, both actual to date and estimated for the | 14 | | full fiscal year; | 15 | | (3) for fiscal year 2011, the estimated revenues for | 16 | | all budgeted funds, including without limitation the | 17 | | affordable General Revenue Fund appropriations, for the | 18 | | full fiscal year; and | 19 | | (4) for fiscal year 2011, an estimate of the | 20 | | anticipated liabilities for all budgeted funds, including | 21 | | without limitation the affordable General Revenue Fund | 22 | | appropriations, debt service on bonds issued, and the | 23 | | State's contributions to the pension systems, for the full | 24 | | fiscal year. | 25 | | Between July 1 and August 31 of each fiscal year, the | 26 | | members of the General Assembly and members of the public may |
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| 1 | | make written budget recommendations to the Governor. | 2 | | Beginning with budgets prepared for fiscal year 2013, the | 3 | | budgets submitted by the Governor and appropriations made by | 4 | | the General Assembly for all executive branch State agencies | 5 | | must adhere to a method of budgeting where each priority must | 6 | | be justified each year according to merit rather than according | 7 | | to the amount appropriated for the preceding year. | 8 | | (Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881, | 9 | | eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10; | 10 | | 96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; revised | 11 | | 2-17-11.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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