Public Act 093-0662
 
SB1913 Enrolled LRB093 08737 RCE 08967 b

    AN ACT concerning the executive branch.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Budget Law of the Civil Administrative
Code of Illinois is amended by changing Sections 50-5 and 50-10
as follows:
 
    (15 ILCS 20/50-5)  (was 15 ILCS 20/38)
    Sec. 50-5. Governor to submit State budget. The Governor
shall, as soon as possible and not later than the second
Wednesday in April in 2003 and the third Wednesday in February
of each year beginning in 2004, except as otherwise provided in
this Section, submit a State budget, embracing therein the
amounts recommended by the Governor to be appropriated to the
respective departments, offices, and institutions, and for all
other public purposes, the estimated revenues from taxation,
the estimated revenues from sources other than taxation, and an
estimate of the amount required to be raised by taxation. In
2004 only, the Governor shall submit the capital development
section of the State budget not later than the fourth Tuesday
of March (March 23, 2004). The amounts recommended by the
Governor for appropriation to the respective departments,
offices and institutions shall be formulated according to the
various functions and activities for which the respective
department, office or institution of the State government
(including the elective officers in the executive department
and including the University of Illinois and the judicial
department) is responsible. The amounts relating to particular
functions and activities shall be further formulated in
accordance with the object classification specified in Section
13 of the State Finance Act.
    The Governor shall not propose expenditures and the General
Assembly shall not enact appropriations that exceed the
resources estimated to be available, as provided in this
Section.
    For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following funds
shall be prepared on the basis of revenue and expenditure
measurement concepts that are in concert with generally
accepted accounting principles for governments:
        (1) General Revenue Fund.
        (2) Common School Fund.
        (3) Educational Assistance Fund.
        (4) Road Fund.
        (5) Motor Fuel Tax Fund.
        (6) Agricultural Premium Fund.
    These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance, plus
revenues estimated to be received during the budgeted year,
plus the estimated receipts due the State as of June 30 of the
budgeted year that are expected to be collected during the
lapse period following the budgeted year, minus the receipts
collected during the first 2 months of the budgeted year that
became due to the State in the year before the budgeted year.
Revenues shall also include estimated federal reimbursements
associated with the recognition of Section 25 of the State
Finance Act liabilities. For any budgeted fund for which
current year revenues are anticipated to exceed expenditures,
the surplus shall be considered to be a resource available for
expenditure in the budgeted fiscal year.
    Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by the
State for the budgeted year, to be paid in the next fiscal
year, excluding costs paid in the budgeted year which were
carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
    Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
    By March 15 of each year, the Economic and Fiscal
Commission shall prepare revenue and fund transfer estimates in
accordance with the requirements of this Section and report
those estimates to the General Assembly and the Governor.
    For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation for a
fiscal year shall not exceed funds estimated by the General
Assembly to be available during that year.
(Source: P.A. 93-1, eff. 2-6-03.)
 
    (15 ILCS 20/50-10)  (was 15 ILCS 20/38.1)
    Sec. 50-10. Budget contents. The budget shall be submitted
by the Governor with line item and program data. The budget
shall also contain performance data presenting an estimate for
the current fiscal year, projections for the budget year, and
information for the 3 prior fiscal years comparing department
objectives with actual accomplishments, formulated according
to the various functions and activities, and, wherever the
nature of the work admits, according to the work units, for
which the respective departments, offices, and institutions of
the State government (including the elective officers in the
executive department and including the University of Illinois
and the judicial department) are responsible.
    For the fiscal year beginning July 1, 1992 and for each
fiscal year thereafter, the budget shall include the
performance measures of each department's accountability
report.
    For the fiscal year beginning July 1, 1997 and for each
fiscal year thereafter, the budget shall include one or more
line items appropriating moneys to the Department of Human
Services to fund participation in the Home-Based Support
Services Program for Mentally Disabled Adults under the
Developmental Disability and Mental Disability Services Act by
persons described in Section 2-17 of that Act.
    The budget shall contain a capital development section in
which the Governor will present (1) information on the capital
projects and capital programs for which appropriations are
requested, (2) the capital spending plans, which shall document
the first and subsequent years cash requirements by fund for
the proposed bonded program, and (3) a statement that shall
identify by year the principal and interest costs until
retirement of the State's general obligation debt. In addition,
the principal and interest costs of the budget year program
shall be presented separately, to indicate the marginal cost of
principal and interest payments necessary to retire the
additional bonds needed to finance the budget year's capital
program. In 2004 only, the capital development section of the
State budget shall be submitted by the Governor not later than
the fourth Tuesday of March (March 23, 2004).
    For the budget year, the current year, and 3 prior fiscal
years, the Governor shall also include in the budget estimates
of or actual values for the assets and liabilities for General
Assembly Retirement System, State Employees' Retirement System
of Illinois, State Universities Retirement System, Teachers'
Retirement System of the State of Illinois, and Judges
Retirement System of Illinois.
    The budget submitted by the Governor shall contain, in
addition, in a separate book, a tabulation of all position and
employment titles in each such department, office, and
institution, the number of each, and the salaries for each,
formulated according to divisions, bureaus, sections, offices,
departments, boards, and similar subdivisions, which shall
correspond as nearly as practicable to the functions and
activities for which the department, office, or institution is
responsible.
    Together with the budget, the Governor shall transmit the
estimates of receipts and expenditures, as received by the
Director of the Governor's Office of Management and Budget
Bureau of the Budget, of the elective officers in the executive
and judicial departments and of the University of Illinois.
(Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)
 
    Section 10. The Governor's Office of Management and Budget
Act is amended by changing Section 2.5 as follows:
 
    (20 ILCS 3005/2.5)  (from Ch. 127, par. 412.5)
    Sec. 2.5. Effective January 1, 1980, to require the
preparation and submission of an annual long-range capital
expenditure plan for all State agencies. Such Capital Plan
shall detail each project for each of the following 3 fiscal
years, including the project cost in current dollar amounts,
the future maintenance costs for the completed project, the
anticipated life expectancy of the project and the impact the
project will have on the annual operating budget for the
agency. Each State agency's annual capital plan shall include
energy conservation projects intended to reduce energy costs to
the greatest extent possible in those agency's buildings and
facilities included in the capital plan. Each State agency's
annual capital plan shall be submitted to the Office no later
than January 15th of each year. A summary of all capital plans
and future needs assessments shall be included in the
Governor's Budget Request and the detail of the capital plans
shall be delivered to the Chairmen and Minority Spokesmen of
the House and Senate Appropriations Committees and the Illinois
Economic and Fiscal Commission on the date of the Governor's
Budget Address to the General Assembly; except that, in 2004
only, the summary and detail shall be delivered not later than
the fourth Tuesday in March (March 23, 2004).
(Source: P.A. 93-25, eff. 6-20-03.)
 
    Section 15. The State Finance Act is amended by changing
Section 13.4 as follows:
 
    (30 ILCS 105/13.4)  (from Ch. 127, par. 149.4)
    Sec. 13.4. All appropriations recommended to the General
Assembly by the Governor in the State Budget submitted pursuant
to Section 50-5 of the State Budget Law (15 ILCS 20/50-5) shall
be incorporated into and prepared as one or more appropriation
bills which shall either be introduced in the General Assembly
or submitted to the legislative leaders of both the Senate and
the House of Representatives not later than 2 session days
after the submission of the Governor's budget recommendations,
as provided in Section 50-5 of the State Budget Law of the
Civil Administrative Code of Illinois, immediately preceding
the start of the fiscal year for which the Budget is
recommended.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.