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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 | |||||||||||||||||||
| 5 | Administrative Code of Illinois is amended by changing Section | |||||||||||||||||||
| 6 | 50-5 as 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 | |||||||||||||||||||
| 13 | in March in 2013 (March 6, 2013), the fourth Wednesday in March | |||||||||||||||||||
| 14 | in 2014 (March 26, 2014), the first Wednesday in February in | |||||||||||||||||||
| 15 | 2022 (February 2, 2022), and the third Wednesday in February | |||||||||||||||||||
| 16 | of each year thereafter, except as otherwise provided in this | |||||||||||||||||||
| 17 | Section, submit a
State budget, embracing therein the amounts | |||||||||||||||||||
| 18 | recommended by the Governor to be
appropriated to the | |||||||||||||||||||
| 19 | respective departments, offices, and institutions, and
for all | |||||||||||||||||||
| 20 | other public purposes, the estimated revenues from taxation, | |||||||||||||||||||
| 21 | and the
estimated revenues from sources other than taxation. | |||||||||||||||||||
| 22 | Except with respect to the capital development provisions of | |||||||||||||||||||
| 23 | the State budget, beginning with the revenue estimates | |||||||||||||||||||
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| 1 | prepared for fiscal year 2012, revenue estimates shall be | ||||||
| 2 | based solely on: (i) revenue sources (including non-income | ||||||
| 3 | resources), rates, and levels that exist as of the date of the | ||||||
| 4 | submission of the State budget for the fiscal year and (ii) | ||||||
| 5 | revenue sources (including non-income resources), rates, and | ||||||
| 6 | levels that have been passed by the General Assembly as of the | ||||||
| 7 | date of the submission of the State budget for the fiscal year | ||||||
| 8 | and that are authorized to take effect in that fiscal year. | ||||||
| 9 | Except with respect to the capital development provisions of | ||||||
| 10 | the State budget, the Governor shall determine available | ||||||
| 11 | revenue, deduct the cost of essential government services, | ||||||
| 12 | including, but not limited to, pension payments and debt | ||||||
| 13 | service, and assign a percentage of the remaining revenue to | ||||||
| 14 | each statewide prioritized goal, as established in Section | ||||||
| 15 | 50-25 of this Law, taking into consideration the proposed | ||||||
| 16 | goals set forth in the report of the Commission established | ||||||
| 17 | under that Section. The Governor shall also demonstrate how | ||||||
| 18 | spending priorities for the fiscal year fulfill those | ||||||
| 19 | statewide goals. The amounts recommended by the
Governor for | ||||||
| 20 | appropriation to the respective departments, offices and
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| 21 | institutions shall be formulated according to each | ||||||
| 22 | department's, office's, and institution's ability to | ||||||
| 23 | effectively deliver services that meet the established | ||||||
| 24 | statewide goals. The amounts relating to particular functions
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| 25 | and activities shall be further formulated in accordance with | ||||||
| 26 | the object
classification specified in Section 13 of the State | ||||||
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| 1 | Finance Act. In addition, the amounts recommended by the | ||||||
| 2 | Governor for appropriation shall take into account each State | ||||||
| 3 | agency's effectiveness in achieving its prioritized goals for | ||||||
| 4 | the previous fiscal year, as set forth in Section 50-25 of this | ||||||
| 5 | Law, giving priority to agencies and programs that have | ||||||
| 6 | demonstrated a focus on the prevention of waste and the | ||||||
| 7 | maximum yield from resources. | ||||||
| 8 | Beginning in fiscal year 2011, the Governor shall | ||||||
| 9 | distribute written quarterly financial reports on operating | ||||||
| 10 | funds, which may include general, State, or federal funds and | ||||||
| 11 | may include funds related to agencies that have significant | ||||||
| 12 | impacts on State operations, and budget statements on all | ||||||
| 13 | appropriated funds to the General Assembly and the State | ||||||
| 14 | Comptroller. The reports shall be submitted no later than 45 | ||||||
| 15 | days after the last day of each quarter of the fiscal year and | ||||||
| 16 | shall be posted on the Governor's Office of Management and | ||||||
| 17 | Budget's website on the same day. The reports shall be | ||||||
| 18 | prepared and presented for each State agency and on a | ||||||
| 19 | statewide level in an executive summary format that may | ||||||
| 20 | include, for the fiscal year to date, individual itemizations | ||||||
| 21 | for each significant revenue type as well as itemizations of | ||||||
| 22 | expenditures and obligations, by agency, with an appropriate | ||||||
| 23 | level of detail. The reports shall include a calculation of | ||||||
| 24 | the actual total budget surplus or deficit for the fiscal year | ||||||
| 25 | to date. The Governor shall also present periodic budget | ||||||
| 26 | addresses throughout the fiscal year at the invitation of the | ||||||
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| 1 | General Assembly. | ||||||
| 2 | The Governor shall not propose expenditures and the | ||||||
| 3 | General Assembly shall
not enact appropriations that exceed | ||||||
| 4 | the resources estimated to be available,
as provided in this | ||||||
| 5 | Section. Appropriations may be adjusted during the fiscal year | ||||||
| 6 | by means of one or more supplemental appropriation bills if | ||||||
| 7 | any State agency either fails to meet or exceeds the goals set | ||||||
| 8 | forth in Section 50-25 of this Law. | ||||||
| 9 | For the purposes of Article VIII, Section 2 of the 1970
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| 10 | Illinois Constitution, the State budget for the following | ||||||
| 11 | funds shall be
prepared on the basis of revenue and | ||||||
| 12 | expenditure measurement concepts that are
in concert with | ||||||
| 13 | generally accepted accounting principles for governments: | ||||||
| 14 | (1) General Revenue Fund. | ||||||
| 15 | (2) Common School Fund. | ||||||
| 16 | (3) Educational Assistance Fund. | ||||||
| 17 | (4) Road Fund. | ||||||
| 18 | (5) Motor Fuel Tax Fund. | ||||||
| 19 | (6) Agricultural Premium Fund. | ||||||
| 20 | These funds shall be known as the "budgeted funds". The | ||||||
| 21 | revenue
estimates used in the State budget for the budgeted | ||||||
| 22 | funds shall include the
estimated beginning fund balance, plus
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| 23 | revenues estimated to be received during the budgeted year, | ||||||
| 24 | plus the estimated
receipts due the State as of June 30 of the | ||||||
| 25 | budgeted year that are expected to
be collected during the | ||||||
| 26 | lapse period following the budgeted year, minus the
receipts | ||||||
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| 1 | collected during the first 2 months of the budgeted year that | ||||||
| 2 | became
due to the State in the year before the budgeted year. | ||||||
| 3 | Revenues shall also
include estimated federal reimbursements | ||||||
| 4 | associated with the recognition of
Section 25 of the State | ||||||
| 5 | Finance Act liabilities. For any budgeted fund
for which | ||||||
| 6 | current year revenues are anticipated to exceed expenditures, | ||||||
| 7 | the
surplus shall be considered to be a resource available for | ||||||
| 8 | expenditure in the
budgeted fiscal year. | ||||||
| 9 | Expenditure estimates for the budgeted funds included in | ||||||
| 10 | the State budget
shall include the costs to be incurred by the | ||||||
| 11 | State for the budgeted year,
to be paid in the next fiscal | ||||||
| 12 | year, excluding costs paid in the budgeted year
which were | ||||||
| 13 | carried over from the prior year, where the payment is | ||||||
| 14 | authorized by
Section
25 of the State Finance Act. For any | ||||||
| 15 | budgeted fund
for which expenditures are expected to exceed | ||||||
| 16 | revenues in the current fiscal
year, the deficit shall be | ||||||
| 17 | considered as a use of funds in the budgeted fiscal
year. | ||||||
| 18 | Revenues and expenditures shall also include transfers | ||||||
| 19 | between funds that are
based on revenues received or costs | ||||||
| 20 | incurred during the budget year. | ||||||
| 21 | Appropriations for expenditures shall also include all | ||||||
| 22 | anticipated statutory continuing appropriation obligations | ||||||
| 23 | that are expected to be incurred during the budgeted fiscal | ||||||
| 24 | year. | ||||||
| 25 | By
March 15 of each year, the
Commission on Government | ||||||
| 26 | Forecasting and Accountability shall prepare
revenue and fund | ||||||
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| 1 | transfer estimates in accordance with the requirements of this
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| 2 | Section and report those estimates to the General Assembly and | ||||||
| 3 | the Governor. | ||||||
| 4 | For all funds other than the budgeted funds, the proposed | ||||||
| 5 | expenditures shall
not exceed funds estimated to be available | ||||||
| 6 | for the fiscal year as shown in the
budget. Appropriation for a | ||||||
| 7 | fiscal year shall not exceed funds estimated by
the General | ||||||
| 8 | Assembly to be available during that year. | ||||||
| 9 | Beginning with the budget prepared for fiscal year 2025, | ||||||
| 10 | the rate of growth of general funds appropriations shall not | ||||||
| 11 | exceed the rate of growth of the Illinois median household | ||||||
| 12 | income. For the purposes of this paragraph, "rate of growth of | ||||||
| 13 | the Illinois median household income" means the average annual | ||||||
| 14 | growth rate of median household income in this State over the | ||||||
| 15 | preceding 10 calendar years, using data reported by the United | ||||||
| 16 | States Census Bureau or its successor agency as reported in | ||||||
| 17 | the American Community Survey 1-Year Estimates or, if | ||||||
| 18 | unavailable or discontinued, its equivalent survey before | ||||||
| 19 | December 31 immediately preceding the beginning of the fiscal | ||||||
| 20 | year. | ||||||
| 21 | (b) By February 24, 2010, the Governor must file a written | ||||||
| 22 | report with the Secretary of the Senate and the Clerk of the | ||||||
| 23 | House of Representatives containing the following: | ||||||
| 24 | (1) for fiscal year 2010, the revenues for all | ||||||
| 25 | budgeted funds, both actual to date and estimated for the | ||||||
| 26 | full fiscal year; | ||||||
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| 1 | (2) for fiscal year 2010, the expenditures for all | ||||||
| 2 | budgeted funds, both actual to date and estimated for the | ||||||
| 3 | full fiscal year; | ||||||
| 4 | (3) for fiscal year 2011, the estimated revenues for | ||||||
| 5 | all budgeted funds, including without limitation the | ||||||
| 6 | affordable General Revenue Fund appropriations, for the | ||||||
| 7 | full fiscal year; and | ||||||
| 8 | (4) for fiscal year 2011, an estimate of the | ||||||
| 9 | anticipated liabilities for all budgeted funds, including | ||||||
| 10 | without limitation the affordable General Revenue Fund | ||||||
| 11 | appropriations, debt service on bonds issued, and the | ||||||
| 12 | State's contributions to the pension systems, for the full | ||||||
| 13 | fiscal year. | ||||||
| 14 | Between July 1 and August 31 of each fiscal year, the | ||||||
| 15 | members of the General Assembly and members of the public may | ||||||
| 16 | make written budget recommendations to the Governor. | ||||||
| 17 | Beginning with budgets prepared for fiscal year 2013, the | ||||||
| 18 | budgets submitted by the Governor and appropriations made by | ||||||
| 19 | the General Assembly for all executive branch State agencies | ||||||
| 20 | must adhere to a method of budgeting where each priority must | ||||||
| 21 | be justified each year according to merit rather than | ||||||
| 22 | according to the amount appropriated for the preceding year. | ||||||
| 23 | (Source: P.A. 102-671, eff. 11-30-21.)
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