State of Illinois
91st General Assembly
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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.)

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