(15 ILCS 20/Art. 50 heading) ARTICLE 50.
STATE BUDGET
|
(15 ILCS 20/50-1)
Sec. 50-1.
Article short title.
This Article 50 of the Civil
Administrative Code of Illinois may be cited as the State Budget Law.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(15 ILCS 20/50-5) Sec. 50-5. Governor to submit State budget. (a) The Governor shall, as soon as
possible and not later than the second
Wednesday in March in 2010 (March 10, 2010), the third
Wednesday in February in 2011, the fourth Wednesday in February in 2012 (February 22, 2012), the first Wednesday in March in 2013 (March 6, 2013), the fourth Wednesday in March in 2014 (March 26, 2014), the first Wednesday in February in 2022 (February 2, 2022), and the third Wednesday in February of each year thereafter, except as otherwise provided in this Section, submit a
State budget, embracing therein the amounts recommended by the Governor to be
appropriated to the respective departments, offices, and institutions, and
for all other public purposes, the estimated revenues from taxation, and the
estimated revenues from sources other than taxation. Except with respect to the capital development provisions of the State budget, beginning with the revenue estimates prepared for fiscal year 2012, revenue estimates shall be based solely on: (i) revenue sources (including non-income resources), rates, and levels that exist as of the date of the submission of the State budget for the fiscal year and (ii) revenue sources (including non-income resources), rates, and levels that have been passed by the General Assembly as of the date of the submission of the State budget for the fiscal year and that are authorized to take effect in that fiscal year. Except with respect to the capital development provisions of the State budget, the Governor shall determine available revenue, deduct the cost of essential government services, including, but not limited to, pension payments and debt service, and assign a percentage of the remaining revenue to each statewide prioritized goal, as established in Section 50-25 of this Law, taking into consideration the proposed goals set forth in the report of the Commission established under that Section. The Governor shall also demonstrate how spending priorities for the fiscal year fulfill those statewide goals. The amounts recommended by the
Governor for appropriation to the respective departments, offices and
institutions shall be formulated according to each department's, office's, and institution's ability to effectively deliver services that meet the established statewide goals. The amounts relating to particular functions
and activities shall be further formulated in accordance with the object
classification specified in Section 13 of the State Finance Act. In addition, the amounts recommended by the Governor for appropriation shall take into account each State agency's effectiveness in achieving its prioritized goals for the previous fiscal year, as set forth in Section 50-25 of this Law, giving priority to agencies and programs that have demonstrated a focus on the prevention of waste and the maximum yield from resources. Beginning in fiscal year 2011, the Governor shall distribute written quarterly financial reports on operating funds, which may include general, State, or federal funds and may include funds related to agencies that have significant impacts on State operations, and budget statements on all appropriated funds to the General Assembly and the State Comptroller. The reports shall be submitted no later than 45 days after the last day of each quarter of the fiscal year and shall be posted on the Governor's Office of Management and Budget's website on the same day. The reports shall be prepared and presented for each State agency and on a statewide level in an executive summary format that may include, for the fiscal year to date, individual itemizations for each significant revenue type as well as itemizations of expenditures and obligations, by agency, with an appropriate level of detail. The reports shall include a calculation of the actual total budget surplus or deficit for the fiscal year to date. The Governor shall also present periodic budget addresses throughout the fiscal year at the invitation of the General Assembly. The Governor shall not propose expenditures and the General Assembly shall
not enact appropriations that exceed the resources estimated to be available,
as provided in this Section. Appropriations may be adjusted during the fiscal year by means of one or more supplemental appropriation bills if any State agency either fails to meet or exceeds the goals set forth in Section 50-25 of this Law. For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following funds shall be
prepared on the basis of revenue and expenditure measurement concepts that are
in concert with generally accepted accounting principles for governments: (1) General Revenue Fund. (2) Common School Fund. (3) Educational Assistance Fund. (4) Road Fund. (5) Motor Fuel Tax Fund. (6) Agricultural Premium Fund. These funds shall be known as the "budgeted funds". The revenue
estimates used in the State budget for the budgeted funds shall include the
estimated beginning fund balance, plus
revenues estimated to be received during the budgeted year, plus the estimated
receipts due the State as of June 30 of the budgeted year that are expected to
be collected during the lapse period following the budgeted year, minus the
receipts collected during the first 2 months of the budgeted year that became
due to the State in the year before the budgeted year. Revenues shall also
include estimated federal reimbursements associated with the recognition of
Section 25 of the State Finance Act liabilities. For any budgeted fund
for which current year revenues are anticipated to exceed expenditures, the
surplus shall be considered to be a resource available for expenditure in the
budgeted fiscal year. Expenditure estimates for the budgeted funds included in the State budget
shall include the costs to be incurred by the State for the budgeted year,
to be paid in the next fiscal year, excluding costs paid in the budgeted year
which were carried over from the prior year, where the payment is authorized by
Section
25 of the State Finance Act. For any budgeted fund
for which expenditures are expected to exceed revenues in the current fiscal
year, the deficit shall be considered as a use of funds in the budgeted fiscal
year. Revenues and expenditures shall also include transfers between funds that are
based on revenues received or costs incurred during the budget year. Appropriations for expenditures shall also include all anticipated statutory continuing appropriation obligations that are expected to be incurred during the budgeted fiscal year. By
March 15 of each year, the
Commission on Government Forecasting and Accountability shall prepare
revenue and fund transfer estimates in accordance with the requirements of this
Section and report those estimates to the General Assembly and the Governor. For all funds other than the budgeted funds, the proposed expenditures shall
not exceed funds estimated to be available for the fiscal year as shown in the
budget. Appropriation for a fiscal year shall not exceed funds estimated by
the General Assembly to be available during that year. (b) By February 24, 2010, the Governor must file a written report with the Secretary of the Senate and the Clerk of the House of Representatives containing the following: (1) for fiscal year 2010, the revenues for all | ||
| ||
(2) for fiscal year 2010, the expenditures for all | ||
| ||
(3) for fiscal year 2011, the estimated revenues | ||
| ||
(4) for fiscal year 2011, an estimate of the | ||
| ||
Between July 1 and August 31 of each fiscal year, the members of the General Assembly and members of the public may make written budget recommendations to the Governor. Beginning with budgets prepared for fiscal year 2013, the budgets submitted by the Governor and appropriations made by the General Assembly for all executive branch State agencies must adhere to a method of budgeting where each priority must be justified each year according to merit rather than according to the amount appropriated for the preceding year. (Source: P.A. 102-671, eff. 11-30-21.) |
(15 ILCS 20/50-7)
Sec. 50-7. (Repealed).
(Source: P.A. 96-958, eff. 7-1-10. Repealed by P.A. 102-278, eff. 8-6-21.)
|
(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 Adults with Mental Disabilities under the Developmental Disability and Mental Disability
Services Act by persons described in Section 2-17 of that Act. For the fiscal year beginning July 1, 2019, and for each fiscal year thereafter, the budget shall include a separate line item request appropriating moneys to each State agency for: (1) estimated costs for each fund under the State Prompt Payment Act; and (2) estimated costs for each fund under Sections 368a and 370a of the Illinois Insurance Code. 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. 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).
The budget shall contain a section indicating whether there is a projected budget surplus or a projected budget deficit for general funds in the current fiscal year, or whether the current fiscal year's general funds budget is projected to be balanced, based on estimates prepared by the Governor's Office of Management and Budget using actual figures available on the date the budget is submitted. That section shall present this information in both a numerical table format and by way of a narrative description, and shall include information for the proposed upcoming fiscal year, the current fiscal year, and the 2 years prior to the current fiscal year. These estimates must specifically and separately identify any non-recurring revenues, including, but not limited to, borrowed money, money derived by borrowing or transferring from other funds, or any non-operating financial source. None of these specifically and separately identified non-recurring revenues may include any revenue that cannot be realized without a change to law. The table shall show accounts payable at the end of each fiscal year in a manner that specifically and separately identifies any general funds liabilities accrued during the current and prior fiscal years that may be paid from future fiscal years' appropriations, including, but not limited to, costs that may be paid beyond the end of the lapse period as set forth in Section 25 of the State Finance Act and costs incurred by the Department on Aging. The section shall also include an estimate of individual and corporate income tax overpayments that will not be refunded before the close of the fiscal year. 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. An applicable appropriations committee of each chamber of the General Assembly, for fiscal year 2012 and thereafter, must review individual line item appropriations and the total budget for each State agency, as defined in the Illinois State Auditing Act. (Source: P.A. 99-143, eff. 7-27-15; 100-1064, eff. 8-24-18.) |
(15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
Sec. 50-15. Department accountability reports.
(a) Beginning in the fiscal year which begins July 1, 1992,
each department of State government as listed in Section 5-15 of
the Departments of State Government Law (20 ILCS 5/5-15)
shall submit an annual accountability report to the
Bureau of the Budget (now Governor's Office of Management and Budget)
at times designated by the Director of the Bureau of the Budget (now
Governor's Office of Management and Budget).
Each
accountability report shall be designed to assist the
Bureau (now Office)
in its duties under Sections 2.2 and 2.3 of the
Governor's Office of Management and Budget Act and
shall measure the department's performance based on criteria, goals, and
objectives established by the department with the oversight and assistance
of the
Bureau (now Office). Each department shall also submit
interim
progress reports at times designated by the Director of the
Bureau (now Office).
(b) (Blank).
(c) The Director of the Bureau (now Office)
shall select not more than 3
departments for a pilot program implementing the procedures of
subsection (a) for budget requests for the fiscal years beginning July 1,
1990 and July 1, 1991, and each of the departments elected shall submit
accountability reports for those fiscal years.
By April 1, 1991, the
Bureau (now Office)
shall recommend in writing to the
Governor
any changes in the budget review process established pursuant to this
Section suggested by its evaluation of the pilot program. The Governor
shall submit changes to the budget review process that the Governor
plans to adopt,
based on the report, to the President and Minority Leader of the Senate and
the Speaker and Minority Leader of the House of Representatives.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(15 ILCS 20/50-20) (was 15 ILCS 20/38.3)
Sec. 50-20.
Responsible Education Funding Law.
(a) The Governor shall submit to the General Assembly a proposed budget for
elementary and secondary education in which total General Revenue Fund
appropriations are no less than the total General Revenue Fund appropriations
of the previous fiscal year. In addition, the Governor shall specify the total
amount of funds to be transferred from the General Revenue Fund to the Common
School Fund during the budget year, which shall be no less than the total
amount transferred during the previous fiscal year. The Governor may submit a
proposed budget in which the total appropriated and transferred amounts are
less than the previous fiscal year if the Governor declares in writing to the
General Assembly the reason for the lesser amounts.
(b) The General Assembly shall appropriate amounts for elementary and
secondary education from the General Revenue Fund for each fiscal year so that
the total General Revenue Fund appropriation is no less than the total General
Revenue Fund appropriation for elementary and secondary education for the
previous fiscal year. In addition, the General Assembly shall legislatively
transfer from the General Revenue Fund to the Common School Fund for the
fiscal year a total amount that is no less than the total amount transferred
for the previous fiscal year. The General Assembly may appropriate or transfer
lesser amounts if it declares by Joint Resolution the reason for the lesser
amounts.
(c) This Section may be cited as the Responsible Education Funding Law.
(Source: P.A. 91-239, eff. 1-1-00.)
|
(15 ILCS 20/50-22) Sec. 50-22. Funding for salaries of General Assembly members and judges; legislative operations. (a) Beginning July 1, 2014, the aggregate appropriations available for salaries for members of the General Assembly and judges from all State funds for each State fiscal year shall be no less than the total aggregate appropriations made available for salaries for members of the General Assembly and judges for the immediately preceding fiscal year. (b) Beginning July 1, 2014, the aggregate appropriations available for legislative operations from all State funds for each State fiscal year shall be no less than the total aggregate appropriations made available for legislative operations for the immediately preceding fiscal year. For purposes of this subsection (b), "legislative operations" means any expenditure for the operation of the Office of the Auditor General, the House of Representatives, the Senate, the Legislative Ethics Commission, the Office of the Legislative Inspector General, the Joint Committee on Legislative Support Services, and the legislative support services agencies. (c) If for any reason the aggregate appropriations made available are insufficient to meet the levels required by subsections (a) and (b) of this Section, this Section shall constitute a continuing appropriation of all amounts necessary for these purposes. The General Assembly may appropriate lesser amounts by law.
(Source: P.A. 98-682, eff. 6-30-14.) |
(15 ILCS 20/50-25) Sec. 50-25. Statewide prioritized goals. (a) Definitions. As used in this Section: "Commission" means the Budgeting for Results Commission established by this Section. "Result area" means major organizational categories of State government as defined by the Governor. "Outcome area" means subcategories of result areas that further define, and facilitate the measurement of the result area, as established by the Governor. (b) Statewide prioritized goals. For fiscal year 2025 and each fiscal year thereafter, prior to the submission of the State budget, the Governor, in consultation with the Commission established under this Section, shall: (i) identify statewide result areas that are most important for each State agency of the executive branch under the jurisdiction of the Governor to achieve for the next fiscal year and (ii) identify outcome areas, which further define the statewide result areas, into which State programs and associated spending can be categorized. There must be a reasonable number of annually defined statewide result and outcome areas defining State priorities for the budget. Each result and outcome shall be further defined to facilitate success in achieving that result or outcome. (c) Budgeting for Results Commission. On or after July 31, 2024, the Governor shall establish an advisory commission for the purpose of advising the Governor in the implementation of performance-based budgeting in Illinois State government, setting statewide result and outcome areas, and providing oversight and guidance for comprehensive program assessments and benefit-cost analysis of State agency programs. (1) Membership. The commission shall be composed of | ||
| ||
(2) Bylaws. The commission may adopt bylaws for the | ||
| ||
(3) Quorum. Total membership of the Commission | ||
| ||
(4) Chairpersons. Two Co-Chairs of the commission | ||
| ||
(5) Meetings. The commission shall hold at least 2 | ||
| ||
(6) Compensation. Members shall not receive | ||
| ||
(7) Annual report. By November 1 of each year, the | ||
| ||
The commission shall also review existing statutory mandates and include in its report recommendations for the repeal or modification of statutory mandates and funds or the State treasury which are out-of-date or unduly burdensome to the operations of State government. The General Assembly may object to the commission's report by passing a joint resolution detailing the General Assembly's objections. (d) In addition, each other constitutional officer of the executive branch, in consultation with the appropriation committees of the General Assembly, shall: (i) prioritize outcomes that are most important for his or her office to achieve for the next fiscal year and (ii) set goals to accomplish those outcomes according to the priority of the outcome. The Governor and each constitutional officer shall separately conduct performance analyses to determine which programs, strategies, and activities will best achieve those desired outcomes. The Governor shall recommend that appropriations be made to State agencies and officers for the next fiscal year based on the agreed upon result and outcome areas. Each agency and officer may develop its own strategies for meeting those goals and shall review and analyze those strategies on a regular basis. The Governor shall also implement procedures to measure annual progress toward the State's statewide results and outcomes and shall develop a statewide reporting system that collects performance data from all programs under the authority of the Governor. Those performance measures and results shall be posted on the Governor's Office of Management and Budget website. (Source: P.A. 102-801, eff. 5-13-22; 103-8, eff. 6-7-23; 103-616, eff. 7-1-24.) |
(15 ILCS 20/50-27) Sec. 50-27. (Repealed).
(Source: P.A. 98-580, eff. 1-1-14. Repealed internally, eff. 1-1-16.) |
(15 ILCS 20/50-28) Sec. 50-28. Youth Budget Commission. (a) As used in this Section: "Adolescent" or "youth" means a person between the ages of 8 and 25 years. "Commission" means the Youth Budget Commission established under this Section. "Service models" include the following tiers of service delivered to adolescents and their families: (1) Prevention: support for at-risk youth | ||
| ||
(2) Treatment/intervention: respond to significant | ||
| ||
(3) Corrective/rehabilitation: correct or | ||
| ||
(4) Positive Youth Development: build individual | ||
| ||
"Youth developmental goals" are defined as the outcomes of stable, safe, healthy, educated, employable, and connected, which align with the following Budgeting for Results goals: (1) Stable: meeting the needs of the most vulnerable; | ||
| ||
(2) Safe: creating safer communities. (3) Healthy: improving the overall health of | ||
| ||
(4) Educated: improving school readiness and student | ||
| ||
(5) Employable: increasing employment and attracting, | ||
| ||
(6) Connected: strengthening cultural and | ||
| ||
(b) Subject to appropriation, the Governor shall establish the Youth Budget Commission with the goal of producing an annual fiscal scan. The fiscal scan, under the direction of the Commission, shall be used to advise the Governor and General Assembly, as well as State agencies, on ways to improve and expand existing policies, services, programs, and opportunities for adolescents. The Governor's Office of Management and Budget shall post a link to the fiscal scan on its website. For fiscal year 2019 and each fiscal year thereafter, the Commission established under this Section, shall complete an analysis of enacted State budget items which directly impact adolescents. This analysis will categorize budget items by the 6 identified youth developmental goals and 4 service models. The analysis will include State agency expenditures associated with these categories. General State Aid and federal funds such as Medicaid will be excluded from the analysis. The Commission shall also be responsible for: (1) monitoring and commenting on existing and proposed legislation and programs designed to address the needs of adolescents; (2) assisting State agencies in developing programs, services, public policies, and research strategies that will expand and enhance the well-being of adolescents; (3) facilitating the participation of and representation of adolescents in the development, implementation, and planning of policies, programs, and community-based services; and (4) promoting research efforts to document the impact of policies and programs on adolescents. (c) The Commission shall collaborate with State agencies, including the Illinois State Board of Education, the Department of Human Services, the Department of Children and Family Services, the Department of Commerce and Economic Opportunity, the Illinois Student Assistance Commission, the Department of Healthcare and Family Services, the Department of Public Health, the Illinois Community College Board, the Department of Juvenile Justice, the Illinois Criminal Justice Information Authority, the Department of Military Affairs, the Illinois Arts Council, the Department of Corrections, the Board of Higher Education, Illinois Guardianship and Advocacy Commission, Department on Aging, and others. (d) The Commission shall be comprised of 15 members appointed by the Governor. Each member shall have a working knowledge of youth development, human services, and economic public policy in Illinois. One chairperson shall be a representative of a statewide nonprofit children and family services organization who has previously completed a similar analysis of the Illinois State budget. The other chairperson shall be a member of the General Assembly. Of the remaining members: (1) at least one member representing an organization | ||
| ||
(2) at least one member representing an organization | ||
| ||
(3) at least one member representing an organization | ||
| ||
(4) at least one member representing an organization | ||
| ||
(5) at least one member representing an organization | ||
| ||
(6) at least one member representing an organization | ||
| ||
(7) at least one member representing an organization | ||
| ||
Commission members shall reflect regional representation to ensure that the needs of adolescents throughout the State of Illinois are met. Members will serve without compensation, but shall be reimbursed for Commission-related expenses. Of the initial members appointed under this Section: 5 members shall serve for a 3-year term; 5 members shall serve for a 4-year term; and 5 members shall serve for a 5-year term. Their successors shall serve for 5-year terms. (e) The Governor's Office of Management and Budget shall provide administrative support to the Commission.
(Source: P.A. 100-818, eff. 8-13-18.) |
(15 ILCS 20/50-30) Sec. 50-30. Long-term care rebalancing. In light of the increasing demands confronting the State in meeting the needs of individuals utilizing long-term care services under the medical assistance program and any other long-term care related benefit program administered by the State, it is the intent of the General Assembly to address the needs of both the State and the individuals eligible for such services by cost effective and efficient means through the advancement of a long-term care rebalancing initiative. Notwithstanding any State law to the contrary, and subject to federal laws, regulations, and court decrees, the following shall apply to the long-term care rebalancing initiative: (1) "Long-term care rebalancing", as used in this | ||
| ||
(2) Subject to the provisions of this Section, the | ||
| ||
(A) A breakdown of long-term care services, | ||
| ||
(B) Actual and estimated enrollment, caseload, | ||
| ||
(C) Funding sources for long-term care services. (D) Comparison of service and expenditure data, | ||
| ||
(3) For each fiscal year, the unified budget report | ||
| ||
(4) Each State agency responsible for the | ||
| ||
(5) The Governor may designate amounts set aside for | ||
| ||
(6) This Section shall be liberally construed and | ||
| ||
(Source: P.A. 96-1501, eff. 1-25-11; 97-871, eff. 7-30-12.) |
(15 ILCS 20/50-35) Sec. 50-35. Online publication; budget. Within 60 days of its enactment into law, the Governor's Office of Management and Budget shall publish to its website the budget of the State of Illinois for the coming fiscal year in its entirety in comma-separated value format (.csv), Xtree for Windows Script format (.xcl), or another comparable format.
(Source: P.A. 98-461, eff. 1-1-14.) |
(15 ILCS 20/50-40) Sec. 50-40. General funds defined. "General funds" or "State general funds" means the General Revenue Fund, the Common School Fund, the General Revenue Common School Special Account Fund, the Education Assistance Fund, the Fund for the Advancement of Education, the Commitment to Human Services Fund, and the Budget Stabilization Fund.
(Source: P.A. 100-23, eff. 7-6-17.) |