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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Budget Law of the Civil Administrative | ||||||||||||||||||||||||
5 | Code of Illinois is amended by changing Section 50-5 as | ||||||||||||||||||||||||
6 | follows: | ||||||||||||||||||||||||
7 | (15 ILCS 20/50-5) | ||||||||||||||||||||||||
8 | Sec. 50-5. Governor to submit State budget. | ||||||||||||||||||||||||
9 | (a) The Governor shall, as soon as
possible and not later | ||||||||||||||||||||||||
10 | than the second
Wednesday in March in 2010 (March 10, 2010), | ||||||||||||||||||||||||
11 | the third
Wednesday in February in 2011, the fourth Wednesday | ||||||||||||||||||||||||
12 | in February in 2012 (February 22, 2012), the first Wednesday in | ||||||||||||||||||||||||
13 | March in 2013 (March 6, 2013), and the third Wednesday in | ||||||||||||||||||||||||
14 | February of each year thereafter, except as otherwise provided | ||||||||||||||||||||||||
15 | in this Section, submit a
State budget, embracing therein the | ||||||||||||||||||||||||
16 | amounts recommended by the Governor to be
appropriated to the | ||||||||||||||||||||||||
17 | respective departments, offices, and institutions, and
for all | ||||||||||||||||||||||||
18 | other public purposes, the estimated revenues from taxation, | ||||||||||||||||||||||||
19 | and the
estimated revenues from sources other than taxation. | ||||||||||||||||||||||||
20 | Except with respect to the capital development provisions of | ||||||||||||||||||||||||
21 | the State budget, beginning with the revenue estimates prepared | ||||||||||||||||||||||||
22 | for fiscal year 2012, revenue estimates shall be based solely | ||||||||||||||||||||||||
23 | on: (i) revenue sources (including non-income resources), |
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1 | rates, and levels that exist as of the date of the submission | ||||||
2 | of the State budget for the fiscal year and (ii) revenue | ||||||
3 | sources (including non-income resources), rates, and levels | ||||||
4 | that have been passed by the General Assembly as of the date of | ||||||
5 | the submission of the State budget for the fiscal year and that | ||||||
6 | are authorized to take effect in that fiscal year. Except with | ||||||
7 | respect to the capital development provisions of the State | ||||||
8 | budget, the Governor shall determine available revenue, deduct | ||||||
9 | the cost of essential government services, including, but not | ||||||
10 | limited to, pension payments and debt service, and assign a | ||||||
11 | percentage of the remaining revenue to each statewide | ||||||
12 | prioritized goal, as established in Section 50-25 of this Law, | ||||||
13 | taking into consideration the proposed goals set forth in the | ||||||
14 | report of the Commission established under that Section. The | ||||||
15 | Governor shall also demonstrate how spending priorities for the | ||||||
16 | fiscal year fulfill those statewide goals. The amounts | ||||||
17 | recommended by the
Governor for appropriation to the respective | ||||||
18 | departments, offices and
institutions shall be formulated | ||||||
19 | according to each department's, office's, and institution's | ||||||
20 | ability to effectively deliver services that meet the | ||||||
21 | established statewide goals. The amounts relating to | ||||||
22 | particular functions
and activities shall be further | ||||||
23 | formulated in accordance with the object
classification | ||||||
24 | specified in Section 13 of the State Finance Act. In addition, | ||||||
25 | the amounts recommended by the Governor for appropriation shall | ||||||
26 | take into account each State agency's effectiveness in |
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1 | achieving its prioritized goals for the previous fiscal year, | ||||||
2 | as set forth in Section 50-25 of this Law, giving priority to | ||||||
3 | agencies and programs that have demonstrated a focus on the | ||||||
4 | prevention of waste and the maximum yield from resources. | ||||||
5 | Beginning in fiscal year 2011, the Governor shall | ||||||
6 | distribute written quarterly financial reports on operating | ||||||
7 | funds, which may include general, State, or federal funds and | ||||||
8 | may include funds related to agencies that have significant | ||||||
9 | impacts on State operations, and budget statements on all | ||||||
10 | appropriated funds to the General Assembly and the State | ||||||
11 | Comptroller. The reports shall be submitted no later than 45 | ||||||
12 | days after the last day of each quarter of the fiscal year and | ||||||
13 | shall be posted on the Governor's Office of Management and | ||||||
14 | Budget's website on the same day. The reports shall be prepared | ||||||
15 | and presented for each State agency and on a statewide level in | ||||||
16 | an executive summary format that may include, for the fiscal | ||||||
17 | year to date, individual itemizations for each significant | ||||||
18 | revenue type as well as itemizations of expenditures and | ||||||
19 | obligations, by agency, with an appropriate level of detail. | ||||||
20 | The reports shall include a calculation of the actual total | ||||||
21 | budget surplus or deficit for the fiscal year to date. The | ||||||
22 | Governor shall also present periodic budget addresses | ||||||
23 | throughout the fiscal year at the invitation of the General | ||||||
24 | Assembly. | ||||||
25 | The Governor shall not propose expenditures and the General | ||||||
26 | Assembly shall
not enact appropriations that exceed the |
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1 | resources estimated to be available,
as provided in this | ||||||
2 | Section. Appropriations may be adjusted during the fiscal year | ||||||
3 | by means of one or more supplemental appropriation bills if any | ||||||
4 | State agency either fails to meet or exceeds the goals set | ||||||
5 | forth in Section 50-25 of this Law. Supplemental appropriation | ||||||
6 | bills shall be limited to a single item of appropriation. | ||||||
7 | For the purposes of Article VIII, Section 2 of the 1970
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8 | Illinois Constitution, the State budget for the following funds | ||||||
9 | shall be
prepared on the basis of revenue and expenditure | ||||||
10 | measurement concepts that are
in concert with generally | ||||||
11 | accepted accounting principles for governments: | ||||||
12 | (1) General Revenue Fund. | ||||||
13 | (2) Common School Fund. | ||||||
14 | (3) Educational Assistance Fund. | ||||||
15 | (4) Road Fund. | ||||||
16 | (5) Motor Fuel Tax Fund. | ||||||
17 | (6) Agricultural Premium Fund. | ||||||
18 | These funds shall be known as the "budgeted funds". The | ||||||
19 | revenue
estimates used in the State budget for the budgeted | ||||||
20 | funds shall include the
estimated beginning fund balance, plus
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21 | revenues estimated to be received during the budgeted year, | ||||||
22 | plus the estimated
receipts due the State as of June 30 of the | ||||||
23 | budgeted year that are expected to
be collected during the | ||||||
24 | lapse period following the budgeted year, minus the
receipts | ||||||
25 | collected during the first 2 months of the budgeted year that | ||||||
26 | became
due to the State in the year before the budgeted year. |
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1 | Revenues shall also
include estimated federal reimbursements | ||||||
2 | associated with the recognition of
Section 25 of the State | ||||||
3 | Finance Act liabilities. For any budgeted fund
for which | ||||||
4 | current year revenues are anticipated to exceed expenditures, | ||||||
5 | the
surplus shall be considered to be a resource available for | ||||||
6 | expenditure in the
budgeted fiscal year. | ||||||
7 | Expenditure estimates for the budgeted funds included in | ||||||
8 | the State budget
shall include the costs to be incurred by the | ||||||
9 | State for the budgeted year,
to be paid in the next fiscal | ||||||
10 | year, excluding costs paid in the budgeted year
which were | ||||||
11 | carried over from the prior year, where the payment is | ||||||
12 | authorized by
Section
25 of the State Finance Act. For any | ||||||
13 | budgeted fund
for which expenditures are expected to exceed | ||||||
14 | revenues in the current fiscal
year, the deficit shall be | ||||||
15 | considered as a use of funds in the budgeted fiscal
year. | ||||||
16 | Revenues and expenditures shall also include transfers | ||||||
17 | between funds that are
based on revenues received or costs | ||||||
18 | incurred during the budget year. | ||||||
19 | Appropriations for expenditures shall also include all | ||||||
20 | anticipated statutory continuing appropriation obligations | ||||||
21 | that are expected to be incurred during the budgeted fiscal | ||||||
22 | year. | ||||||
23 | By
March 15 of each year, the
Commission on Government | ||||||
24 | Forecasting and Accountability shall prepare
revenue and fund | ||||||
25 | transfer estimates in accordance with the requirements of this
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26 | Section and report those estimates to the General Assembly and |
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1 | the Governor. | ||||||
2 | For all funds other than the budgeted funds, the proposed | ||||||
3 | expenditures shall
not exceed funds estimated to be available | ||||||
4 | for the fiscal year as shown in the
budget. Appropriation for a | ||||||
5 | fiscal year shall not exceed funds estimated by
the General | ||||||
6 | Assembly to be available during that year. | ||||||
7 | (b) By February 24, 2010, the Governor must file a written | ||||||
8 | report with the Secretary of the Senate and the Clerk of the | ||||||
9 | House of Representatives containing the following: | ||||||
10 | (1) for fiscal year 2010, the revenues for all budgeted | ||||||
11 | funds, both actual to date and estimated for the full | ||||||
12 | fiscal year; | ||||||
13 | (2) for fiscal year 2010, the expenditures for all | ||||||
14 | budgeted funds, both actual to date and estimated for the | ||||||
15 | full fiscal year; | ||||||
16 | (3) for fiscal year 2011, the estimated revenues for | ||||||
17 | all budgeted funds, including without limitation the | ||||||
18 | affordable General Revenue Fund appropriations, for the | ||||||
19 | full fiscal year; and | ||||||
20 | (4) for fiscal year 2011, an estimate of the | ||||||
21 | anticipated liabilities for all budgeted funds, including | ||||||
22 | without limitation the affordable General Revenue Fund | ||||||
23 | appropriations, debt service on bonds issued, and the | ||||||
24 | State's contributions to the pension systems, for the full | ||||||
25 | fiscal year. | ||||||
26 | Between July 1 and August 31 of each fiscal year, the |
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1 | members of the General Assembly and members of the public may | ||||||
2 | make written budget recommendations to the Governor. | ||||||
3 | Beginning with budgets prepared for fiscal year 2013, the | ||||||
4 | budgets submitted by the Governor and appropriations made by | ||||||
5 | the General Assembly for all executive branch State agencies | ||||||
6 | must adhere to a method of budgeting where each priority must | ||||||
7 | be justified each year according to merit rather than according | ||||||
8 | to the amount appropriated for the preceding year. | ||||||
9 | (Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12; 98-2, | ||||||
10 | eff. 2-19-13.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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