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90_HB3590 15 ILCS 20/38 from Ch. 127, par. 38 Amends the Civil Administrative Code of Illinois. Provides that for the Governor's budget proposal submitted in February 1999 and for each budget proposal submitted thereafter, the aggregate amount of the Governor's proposed expenditures and the aggregate amount actually appropriated by the General Assembly shall not exceed an aggregate amount that is (i) an increase of no more than 5% of the aggregate amount actually expended in the previously ended fiscal year or (ii) the increase in the Consumer Price Index for All Urban Consumers for all items published by the United States Department of Labor over the previous 2 calendar years, whichever is less. LRB9010860KDcdA LRB9010860KDcdA 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 the third Wednesday in February of each year 10 beginning in 1998, submit a State budget, embracing therein 11 the amounts recommended by him to be appropriated to the 12 respective departments, offices, and institutions, and for 13 all other public purposes, the estimated revenues from 14 taxation, the estimated revenues from sources other than 15 taxation, and an estimate of the amount required to be raised 16 by taxation. The amounts recommended by the Governor for 17 appropriation to the respective departments, offices and 18 institutions shall be formulated according to the various 19 functions and activities for which the respective department, 20 office or institution of the State government (including the 21 elective officers in the executive department and including 22 the University of Illinois and the judicial department) is 23 responsible. The amounts relating to particular functions and 24 activities shall be further formulated in accordance with the 25 object classification specified in Section 13 of the State 26 Finance Act. 27 The Governor shall not propose expenditures and the 28 General Assembly shall not enact appropriations that exceed 29 the resources estimated to be available, as provided in this 30 Section. 31 For the budget proposal submitted in February 1999 and -2- LRB9010860KDcdA 1 for each budget proposal submitted thereafter, the aggregate 2 amount of the Governor's proposed expenditures and the 3 aggregate amount actually appropriated by the General 4 Assembly shall not exceed an aggregate amount that is (i) an 5 increase of no more than 5% of the aggregate amount actually 6 expended in the previously ended fiscal year or (ii) the 7 increase in the Consumer Price Index for All Urban Consumers 8 for all items published by the United States Department of 9 Labor over the previous 2 calendar years, whichever is less. 10 For the purposes of Article VIII, Section 2 of the 1970 11 Illinois Constitution, the State budget for the following 12 funds shall be prepared on the basis of revenue and 13 expenditure measurement concepts that are in concert with 14 generally accepted accounting principles for governments: 15 (1) General Revenue Fund 16 (2) Common School Fund 17 (3) Educational Assistance Fund 18 (4) Road Fund 19 (5) Motor Fuel Tax Fund 20 (6) Agricultural Premium Fund 21 These funds shall be known as the "budgeted funds". The 22 revenue estimates used in the State budget for the budgeted 23 funds shall include the estimated beginning fund balance, 24 plus revenues estimated to be received during the budgeted 25 year, plus the estimated receipts due the State as of June 30 26 of the budgeted year that are expected to be collected during 27 the lapse period following the budgeted year, minus the 28 receipts collected during the first 2 months of the budgeted 29 year that became due to the State in the year before the 30 budgeted year. Revenues shall also include estimated federal 31 reimbursements associated with the recognition of Section 25 32 of the State Finance Act liabilities. For any budgeted fund 33 for which current year revenues are anticipated to exceed 34 expenditures, the surplus shall be considered to be a -3- LRB9010860KDcdA 1 resource available for expenditure in the budgeted fiscal 2 year. 3 Expenditure estimates for the budgeted funds included in 4 the State budget shall include the costs to be incurred by 5 the State for the budgeted year, to be paid in the next 6 fiscal year, excluding costs paid in the budgeted year which 7 were carried over from the prior year, where the payment is 8 authorized by Section 25 of the State Finance Act. For any 9 budgeted fund for which expenditures are expected to exceed 10 revenues in the current fiscal year, the deficit shall be 11 considered as a use of funds in the budgeted fiscal year. 12 Revenues and expenditures shall also include transfers 13 between funds that are based on revenues received or costs 14 incurred during the budget year. 15 By March 15 of each year, the Economic and Fiscal 16 Commission shall prepare revenue and fund transfer estimates 17 in accordance with the requirements of this Section and 18 report those estimates to the General Assembly and the 19 Governor. 20 For all funds other than the budgeted funds, the proposed 21 expenditures shall not exceed funds estimated to be available 22 for the fiscal year as shown in the budget. Appropriation 23 for a fiscal year shall not exceed funds estimated by the 24 General Assembly to be available during that year. 25 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)