State of Illinois
90th General Assembly

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      15 ILCS 20/38             from Ch. 127, par. 38
          Amends the  Civil  Administrative  Code  of  Illinois  to
      specify  the  manner  of  calculating  the  State revenue and
      expenditure estimates that must be included in the Governor's
      annual State budget proposal.  Effective immediately.
 1        AN ACT to amend the Civil Administrative Code of Illinois
 2    by changing Section 38.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Civil Administrative Code of Illinois is
 6    amended by changing Section 38 as follows:
 7        (15 ILCS 20/38) (from Ch. 127, par. 38)
 8        Sec. 38. The Governor shall, as soon as possible and  not
 9    later than April 7, 1992, and the first Wednesday in March of
10    each  year  through  1997,  and  on  the  third  Wednesday in
11    February of each year  beginning  in  1998,  submit  a  State
12    budget,  embracing  therein the amounts recommended by him to
13    be appropriated to the respective departments,  offices,  and
14    institutions,   and   for  all  other  public  purposes,  the
15    estimated revenues from taxation, the estimated revenues from
16    sources other than taxation, and an estimate  of  the  amount
17    required  to  be raised by taxation.  The amounts recommended
18    by  the  Governor  for  appropriation   to   the   respective
19    departments,  offices  and  institutions  shall be formulated
20    according to the various functions and activities  for  which
21    the respective department, office or institution of the State
22    government  (including the elective officers in the executive
23    department and including the University of Illinois  and  the
24    judicial  department) is responsible. The amounts relating to
25    particular  functions  and  activities   shall   be   further
26    formulated  in  accordance  with  the  object  classification
27    specified in Section 13 of the State Finance Act.
28        For  the purpose of this Section, a balanced budget shall
29    mean a budget for which  the  proposed  expenditures  do  not
30    exceed funds estimated to be available for the fiscal year as
31    required  by  Article  VIII, Section 2 of the Constitution of
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 1    the  State  of  Illinois.  A  balanced  budget  must  include
 2    estimated resources available for the budgeted year that  are
 3    at  least equal to the proposed use of such resources for the
 4    budgeted year, determined as provided in this Section.
 5        The Governor's State budget proposal shall be prepared on
 6    the basis of revenue  and  expenditure  measurement  concepts
 7    that  are  in  concert  with  generally  accepted  accounting
 8    principles for governments.
 9        The  revenue  estimates used in the budget proposal shall
10    include the revenues estimated  to  be  received  during  the
11    budgeted  year,  plus the estimated receipts due the State as
12    of June 30 of the budgeted  year  that  are  expected  to  be
13    collected  during  the  lapse  period  following the budgeted
14    year, minus the receipts collected during the first 2  months
15    of the budgeted year that became due to the State in the year
16    before  the  budgeted  year.  For any budgeted fund for which
17    revenues are anticipated to exceed  expenditures  (determined
18    in accordance with this Section and including the most recent
19    audited  fund  balance  prepared in accordance with generally
20    accepted accounting principles) in the current  fiscal  year,
21    the   surplus shall be considered as a resource available for
22    expenditure in the budgeted year.
23        Expenditure estimates included in the  Governor's  budget
24    submission  recommended to be subject to appropriations shall
25    include the costs  to  be  incurred  by  the  State  for  the
26    budgeted  year  regardless  of  the  fiscal year in which the
27    liability is discharged.  For any  budgeted  fund  for  which
28    expenditures  are  expected to exceed revenues (determined in
29    accordance with this Section and including  the  most  recent
30    audited  fund  balance  prepared in accordance with generally
31    accepted accounting principles) in the current  fiscal  year,
32    the  deficit  shall  be  considered  as a use of funds in the
33    budgeted year.
34        Revenues and expenditures shall  also  include  transfers
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 1    between  funds  that  are based on revenues received or costs
 2    incurred during the budget year.  Such transfers  shall  also
 3    include   those   that,   by   statutory   or  administrative
 4    scheduling, are not transferred until the subsequent year.
 5        By April 15 of each year, the Auditor General  shall  (i)
 6    determine  whether  the expenditure and revenue estimates and
 7    fund  transfers  that  have  been  included  in  the   budget
 8    submitted  by  the  Governor  under  this  Section reasonably
 9    satisfy the requirements of this Section and (ii) report this
10    determination to  the  General  Assembly  and  the  Governor,
11    together  with  any  recommendations that the Auditor General
12    may have for improving those estimates or transfers in future
13    budget submissions.
14    (Source: P.A. 89-699, eff. 1-16-97.)
15        Section 99.  Effective date.  This Act takes effect  upon
16    becoming law.

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