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91_HB1053 LRB9104262MWtm 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. Submission of State budget. The Governor shall, 9 as soon as possible and not later than the third Wednesday in 10 February of each year beginning in 1998, submit a State 11 budget, embracing therein the amounts recommended by him or 12 her to be appropriated to the respective departments, 13 offices, and institutions, and for all other public purposes, 14 the estimated revenues from taxation, the estimated revenues 15 from sources other than taxation, and an estimate of the 16 amount required to be raised by taxation. The amounts 17 recommended by the Governor for appropriation to the 18 respective departments, offices and institutions shall be 19 formulated according to the various functions and activities 20 for which the respective department, office or institution of 21 the State government (including the elective officers in the 22 executive department and including the University of Illinois 23 and the judicial department) is responsible. The amounts 24 relating to particular functions and activities shall be 25 further formulated in accordance with the object 26 classification specified in Section 13 of the State Finance 27 Act. 28 The Governor shall not propose expenditures and the 29 General Assembly shall not enact appropriations that exceed 30 the resources estimated to be available, as provided in this 31 Section. -2- LRB9104262MWtm 1 For the purposes of Article VIII, Section 2 of the 1970 2 Illinois Constitution, the State budget for the following 3 funds shall be prepared on the basis of revenue and 4 expenditure measurement concepts that are in concert with 5 generally accepted accounting principles for governments: 6 (1) General Revenue Fund 7 (2) Common School Fund 8 (3) Educational Assistance Fund 9 (4) Road Fund 10 (5) Motor Fuel Tax Fund 11 (6) Agricultural Premium Fund 12 These funds shall be known as the "budgeted funds". The 13 revenue estimates used in the State budget for the budgeted 14 funds shall include the estimated beginning fund balance, 15 plus revenues estimated to be received during the budgeted 16 year, plus the estimated receipts due the State as of June 30 17 of the budgeted year that are expected to be collected during 18 the lapse period following the budgeted year, minus the 19 receipts collected during the first 2 months of the budgeted 20 year that became due to the State in the year before the 21 budgeted year. Revenues shall also include estimated federal 22 reimbursements associated with the recognition of Section 25 23 of the State Finance Act liabilities. For any budgeted fund 24 for which current year revenues are anticipated to exceed 25 expenditures, the surplus shall be considered to be a 26 resource available for expenditure in the budgeted fiscal 27 year. 28 Expenditure estimates for the budgeted funds included in 29 the State budget shall include the costs to be incurred by 30 the State for the budgeted year, to be paid in the next 31 fiscal year, excluding costs paid in the budgeted year which 32 were carried over from the prior year, where the payment is 33 authorized by Section 25 of the State Finance Act. For any 34 budgeted fund for which expenditures are expected to exceed -3- LRB9104262MWtm 1 revenues in the current fiscal year, the deficit shall be 2 considered as a use of funds in the budgeted fiscal year. 3 Revenues and expenditures shall also include transfers 4 between funds that are based on revenues received or costs 5 incurred during the budget year. 6 By March 15 of each year, the Economic and Fiscal 7 Commission shall prepare revenue and fund transfer estimates 8 in accordance with the requirements of this Section and 9 report those estimates to the General Assembly and the 10 Governor. 11 For all funds other than the budgeted funds, the proposed 12 expenditures shall not exceed funds estimated to be available 13 for the fiscal year as shown in the budget. Appropriation 14 for a fiscal year shall not exceed funds estimated by the 15 General Assembly to be available during that year. 16 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)