093_SB0867ham001 LRB093 02854 JAM 20105 a 1 AMENDMENT TO SENATE BILL 867 2 AMENDMENT NO. . Amend Senate Bill 867 by replacing 3 everything after the enacting clause with the following: 4 "Section 1. Short title. This Act may be cited as the 5 Budget Stabilization Act. 6 Section 5. Budget Stabilization Fund. The Budget 7 Stabilization Fund is a special fund in the State treasury 8 established for the purpose of reducing the need for future 9 tax increases, maintaining the highest possible bond rating, 10 reducing the need for short term borrowing, providing 11 available resources to meet State obligations whenever casual 12 deficits or failures in revenue occur, and providing the 13 means of addressing budgetary shortfalls. In authorizing 14 transfers from the Budget Stabilization Fund, whenever 15 possible, priority consideration should be given to meeting 16 obligations for secondary and elementary education, child 17 care, and other programs that may provide a direct benefit to 18 children. 19 Section 10. Budget limitations. 20 (a) In addition to Section 50-5 of the State Budget Law 21 of the Civil Administrative Code of Illinois, the General -2- LRB093 02854 JAM 20105 a 1 Assembly's appropriations and transfers or diversions as 2 required by law from general funds shall not exceed 99.5% of 3 the estimated general funds revenues for the fiscal year when 4 revenue estimates of the State's general funds revenues 5 exceed the prior fiscal year's estimated general funds 6 revenues by more than 4%. 7 (b) The General Assembly's appropriations and transfers 8 or diversions as required by law from general funds shall not 9 exceed 99% of the estimated general funds revenues for the 10 fiscal year when revenue estimates of the State's general 11 funds revenues exceed the prior fiscal year's estimated 12 general funds revenues by more than 4% for 2 or more 13 consecutive fiscal years. 14 (c) For the purpose of this Act, "estimated general funds 15 revenues" include, for each budget year, all taxes, fees, and 16 other revenues expected to be deposited into the State's 17 general funds, including recurring transfers from other State 18 funds into the general funds. 19 Year-over-year comparisons used to determine the 20 percentage growth factor of estimated general funds revenues 21 shall exclude the sum of the following: (i) expected revenues 22 resulting from new taxes or fees or from tax or fee increases 23 during the first year of the change, (ii) expected revenues 24 resulting from one-time receipts or non-recurring transfers 25 in, (iii) expected proceeds resulting from borrowing, and 26 (iv) increases in federal grants that must be completely 27 appropriated based on the terms of the grants. 28 Section 15. Transfers to Budget Stabilization Fund. In 29 furtherance of the State's objective for the Budget 30 Stabilization Fund to have resources representing 5% of the 31 State's annual general funds revenues: 32 (a) For each fiscal year when the General Assembly's 33 appropriations and transfers or diversions as required by law -3- LRB093 02854 JAM 20105 a 1 from general funds do not exceed 99.5% of the estimated 2 general funds revenues pursuant to subsection (a) of Section 3 10, the Comptroller shall transfer from the General Revenue 4 Fund as provided by this Section a total amount equal to .5% 5 of the estimated general funds revenues to the Budget 6 Stabilization Fund. 7 (b) For each fiscal year when the General Assembly's 8 appropriations and transfers or diversions as required by law 9 from general funds do not exceed 99% of the estimated general 10 funds revenues pursuant to subsection (b) of Section 10, the 11 Comptroller shall transfer from the General Revenue Fund as 12 provided by this Section a total amount equal to 1% of the 13 estimated general funds revenues to the Budget Stabilization 14 Fund. 15 (c) The Comptroller shall transfer 1/12 of the total 16 amount to be transferred each fiscal year under this Section 17 into the Budget Stabilization Fund on the first day of each 18 month of that fiscal year or as soon thereafter as possible. 19 The balance of the Budget Stabilization Fund shall not exceed 20 5% of the total of general funds revenues estimated for that 21 fiscal year except as provided by subsection (d) of this 22 Section. 23 (d) If the balance of the Budget Stabilization Fund 24 exceeds 5% of the total general funds revenues estimated for 25 that fiscal year, the additional transfers are not required 26 unless there are outstanding liabilities under Section 25 of 27 the State Finance Act from prior fiscal years. If there are 28 such outstanding Section 25 liabilities, then the Comptroller 29 shall continue to transfer 1/12 of the total amount 30 identified for transfer to the Budget Stabilization Fund on 31 the first day of each month of that fiscal year or as soon 32 thereafter as possible to be reserved for those Section 25 33 liabilities. Nothing in this Act prohibits the General 34 Assembly from appropriating additional moneys into the Budget -4- LRB093 02854 JAM 20105 a 1 Stabilization Fund. 2 (e) On or before August 31 of each fiscal year, the 3 amount determined to be transferred to the Budget 4 Stabilization Fund shall be reconciled to actual general 5 funds revenues for that fiscal year. The final transfer for 6 each fiscal year shall be adjusted so that the amount 7 transferred is equal to the percentage specified in 8 subsection (a) or (b) of Section 10 of this Act, as 9 applicable, based on actual general funds revenues calculated 10 consistently with subsection (c) of Section 10 of this Act 11 for each fiscal year. 12 (f) For the fiscal year beginning July 1, 2006 and for 13 each fiscal year thereafter, the budget proposal to the 14 General Assembly shall identify liabilities incurred in a 15 prior fiscal year under Section 25 of the State Finance Act 16 and the budget proposal shall provide funding as allowable 17 pursuant to subsection (d) of this Section, if applicable. 18 Section 90. The State Finance Act is amended by changing 19 Section 6z-51 as follows: 20 (30 ILCS 105/6z-51) 21 Sec. 6z-51. Budget Stabilization Fund. 22 (a) The Budget Stabilization Fund, a special fund in the 23 State Treasury, shall consist of moneys appropriated or 24 transferred to that Fund, as provided in Section 6z-43 and as 25 otherwise provided by law. All earnings on Budget 26 Stabilization Fund investments shall be deposited into that 27 Fund. 28 (b) The State Comptroller may direct the State Treasurer 29 to transfer moneys from the Budget Stabilization Fund to the 30 General Revenue Fund in order to meet cash flow deficits 31 resulting from timing variations between disbursements and 32 the receipt of funds within a fiscal year. Any moneys so -5- LRB093 02854 JAM 20105 a 1 borrowed shall be repaid by June 30 of the fiscal year in 2 which they were borrowed. 3 (Source: P.A. 92-11, eff. 6-11-01; 92-651, eff. 7-11-02.) 4 Section 99. Effective date. This Act takes effect July 5 1, 2004.".