Illinois General Assembly - Full Text of Public Act 096-1531
Illinois General Assembly

Previous General Assemblies

Public Act 096-1531





Public Act 096-1531
SB3708 EnrolledLRB096 20862 KTG 36633 b

    AN ACT concerning State government.
    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 Section 50-5 as
    (15 ILCS 20/50-5)
    Sec. 50-5. Governor to submit State budget.
    (a) The Governor shall, as soon as possible and not later
than the second Wednesday in March in 2010 (March 10, 2010) and
the third Wednesday in February of each year beginning in 2011,
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. 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. In addition, the amounts
recommended by the Governor for appropriation shall take into
account each State agency's effectiveness in achieving its
prioritized goals for the previous fiscal year, as set forth in
Section 50-25 of this Law, giving priority to agencies and
programs that have demonstrated a focus on the prevention of
waste and the maximum yield from resources.
    Beginning in fiscal year 2011, the Governor shall
distribute written quarterly budget statements on all
appropriated funds to the General Assembly and the State
Comptroller. The statements shall be submitted no later than 45
days after the last day on Wednesday of the last week of the
last month of each quarter of the fiscal year and, as is
currently the practice on the effective date of this amendatory
Act of the 96th General Assembly, shall be posted on the
Governor's Office of Management and Budget's Comptroller's
website on the same day. The statements shall be prepared and
presented for each State agency and on a statewide level in an
executive summary format that includes, for the fiscal year to
date, individual itemizations for each revenue type source as
well as individual itemizations of expenditures and
obligations, by the classified line items set forth in Section
13 of the State Finance Act and for other purposes, with an
appropriate level of detail. The statement shall include a
calculation of the actual total budget surplus or deficit. The
Governor shall also present periodic budget addresses
throughout the fiscal year at the invitation of the General
    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. Appropriations may be adjusted during the fiscal year
by means of one or more supplemental appropriation bills if any
State agency either fails to meet or exceeds the goals set
forth in Section 50-25 of this Law.
    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.
    Appropriations for expenditures shall also include all
anticipated statutory continuing appropriation obligations
that are expected to be incurred during the budgeted fiscal
    By March 15 of each year, the Commission on Government
Forecasting and Accountability 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.
    (b) This subsection applies only to the process for the
proposed fiscal year 2011 budget.
    By February 24, 2010, the Governor must file a written
report with the Secretary of the Senate and the Clerk of the
House of Representatives containing the following:
        (1) for fiscal year 2010, the revenues for all budgeted
    funds, both actual to date and estimated for the full
    fiscal year;
        (2) for fiscal year 2010, the expenditures for all
    budgeted funds, both actual to date and estimated for the
    full fiscal year;
        (3) for fiscal year 2011, the estimated revenues for
    all budgeted funds, including without limitation the
    affordable General Revenue Fund appropriations, for the
    full fiscal year; and
        (4) for fiscal year 2011, an estimate of the
    anticipated liabilities for all budgeted funds, including
    without limitation the affordable General Revenue Fund
    appropriations, debt service on bonds issued, and the
    State's contributions to the pension systems, for the full
    fiscal year.
    Between February 24, 2010 and March 10, 2010, the members
of the General Assembly and members of the public may make
written budget recommendations to the Governor, and the
Governor shall promptly make those recommendations available
to the public through the Governor's Internet website.
(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 02/16/2011