Public Act 90-0479 of the 90th General Assembly

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Public Act 90-0479

SB76 Enrolled                                  LRB9001486WHks

    AN ACT to amend the Civil Administrative Code of Illinois
by changing Section 38.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Civil Administrative Code of Illinois is
amended by changing Section 38 as follows:

    (15 ILCS 20/38) (from Ch. 127, par. 38)
    Sec. 38. The Governor shall, as soon as possible and  not
later than April 7, 1992, and the first Wednesday in March of
each  year  through  1997,  and  on  the  third  Wednesday in
February of each year  beginning  in  1998,  submit  a  State
budget,  embracing  therein the amounts recommended by him 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.
    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
    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
    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
    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. 89-699, eff. 1-16-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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