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90_SB0281 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. LRB9000823LDdvA LRB9000823LDdvA 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 thanApril 7, 1992, andthe first Wednesday in March of 10 each yearthereafter, submit a State budget, embracing 11 therein the amounts recommended by him to be appropriated to 12 the respective departments, offices, and institutions, and 13 for 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 For the purpose of this Section, a balanced budget shall 28 mean a budget for which the proposed expenditures do not 29 exceed funds estimated to be available for the fiscal year as 30 required by Article VIII, Section 2 of the Constitution of 31 the State of Illinois. A balanced budget must include -2- LRB9000823LDdvA 1 estimated resources available for the budgeted year that are 2 at least equal to the proposed use of such resources for the 3 budgeted year, determined as provided in this Section. 4 The Governor's State budget proposal shall be prepared on 5 the basis of revenue and expenditure measurement concepts 6 that are in concert with generally accepted accounting 7 principles for governments. 8 The revenue estimates used in the budget proposal shall 9 include the revenues estimated to be received during the 10 budgeted year, plus the estimated receipts due the State as 11 of June 30 of the budgeted year that are expected to be 12 collected during the lapse period following the budgeted 13 year, minus the receipts collected during the first 3 months 14 of the budgeted year that became due to the State in the year 15 before the budgeted year. For any budgeted fund for which 16 revenues are anticipated to exceed expenditures (determined 17 in accordance with this Section and including the most recent 18 audited fund balance prepared in accordance with generally 19 accepted accounting principles) in the current fiscal year, 20 the surplus shall be considered as a resource available for 21 expenditure in the budgeted year. 22 Expenditure estimates included in the Governor's budget 23 submission recommended to be subject to appropriations shall 24 include the costs to be incurred by the State for the 25 budgeted year regardless of the fiscal year in which the 26 liability is discharged. For any budgeted fund for which 27 expenditures are expected to exceed revenues (determined in 28 accordance with this Section and including the most recent 29 audited fund balance prepared in accordance with generally 30 accepted accounting principles) in the current fiscal year, 31 the deficit shall be considered as a use of funds in the 32 budgeted year. 33 Revenues and expenditures shall also include transfers 34 between funds that are based on revenues received or costs -3- LRB9000823LDdvA 1 incurred during the budget year. Such transfers shall also 2 include those that, by statutory or administrative 3 scheduling, are not transferred until the subsequent year. 4 By April 15 of each year, the Auditor General shall (i) 5 determine whether the expenditure and revenue estimates and 6 fund transfers that have been included in the budget 7 submitted by the Governor under this Section reasonably 8 satisfy the requirements of this Section and (ii) report this 9 determination to the General Assembly and the Governor, 10 together with any recommendations that the Auditor General 11 may have for improving those estimates or transfers in future 12 budget submissions. 13 (Source: P.A. 87-838.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.