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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), and the third | ||||||||||||||||||||||||
13 | Wednesday in February of each year thereafter, except as | ||||||||||||||||||||||||
14 | otherwise provided in this Section, submit a
State budget, | ||||||||||||||||||||||||
15 | embracing therein the amounts recommended by the Governor to be
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16 | appropriated to the respective departments, offices, and | ||||||||||||||||||||||||
17 | institutions, and
for all other public purposes, the estimated | ||||||||||||||||||||||||
18 | revenues from taxation, and the
estimated revenues from sources | ||||||||||||||||||||||||
19 | other than taxation. Except with respect to the capital | ||||||||||||||||||||||||
20 | development provisions of the State budget, beginning with the | ||||||||||||||||||||||||
21 | revenue estimates prepared for fiscal year 2012, revenue | ||||||||||||||||||||||||
22 | estimates shall be based solely on: (i) revenue sources | ||||||||||||||||||||||||
23 | (including non-income resources), rates, and levels that exist |
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1 | as of the date of the submission of the State budget for the | ||||||
2 | fiscal year and (ii) revenue sources (including non-income | ||||||
3 | resources), rates, and levels that have been passed by the | ||||||
4 | General Assembly as of the date of the submission of the State | ||||||
5 | budget for the fiscal year and that are authorized to take | ||||||
6 | effect in that fiscal year. Except with respect to the capital | ||||||
7 | development provisions of the State budget, the Governor shall | ||||||
8 | determine available revenue, deduct the cost of essential | ||||||
9 | government services, including, but not limited to, pension | ||||||
10 | payments and debt service, and assign a percentage of the | ||||||
11 | remaining revenue to each statewide prioritized goal, as | ||||||
12 | established in Section 50-25 of this Law, taking into | ||||||
13 | consideration the proposed goals set forth in the report of the | ||||||
14 | Commission established under that Section. The Governor shall | ||||||
15 | also demonstrate how spending priorities for the fiscal year | ||||||
16 | fulfill those statewide goals. The amounts recommended by the
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17 | Governor for appropriation to the respective departments, | ||||||
18 | offices and
institutions shall be formulated according to each | ||||||
19 | department's, office's, and institution's ability to | ||||||
20 | effectively deliver services that meet the established | ||||||
21 | statewide goals. The amounts relating to particular functions
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22 | and activities shall be further formulated in accordance with | ||||||
23 | the object
classification specified in Section 13 of the State | ||||||
24 | Finance Act. In addition, the amounts recommended by the | ||||||
25 | Governor for appropriation shall take into account each State | ||||||
26 | agency's effectiveness in achieving its prioritized goals for |
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1 | the previous fiscal year, as set forth in Section 50-25 of this | ||||||
2 | Law, giving priority to agencies and programs that have | ||||||
3 | demonstrated a focus on the prevention of waste and the maximum | ||||||
4 | 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. | ||||||
6 | For the purposes of Article VIII, Section 2 of the 1970
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7 | Illinois Constitution, the State budget for the following funds | ||||||
8 | shall be
prepared on the basis of revenue and expenditure | ||||||
9 | measurement concepts that are
in concert with generally | ||||||
10 | accepted accounting principles for governments: | ||||||
11 | (1) General Revenue Fund. | ||||||
12 | (2) Common School Fund. | ||||||
13 | (3) Educational Assistance Fund. | ||||||
14 | (4) Road Fund. | ||||||
15 | (5) Motor Fuel Tax Fund. | ||||||
16 | (6) Agricultural Premium Fund. | ||||||
17 | These funds shall be known as the "budgeted funds". The | ||||||
18 | revenue
estimates used in the State budget for the budgeted | ||||||
19 | funds shall include the
estimated beginning fund balance, plus
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20 | revenues estimated to be received during the budgeted year, | ||||||
21 | plus the estimated
receipts due the State as of June 30 of the | ||||||
22 | budgeted year that are expected to
be collected during the | ||||||
23 | lapse period following the budgeted year, minus the
receipts | ||||||
24 | collected during the first 2 months of the budgeted year that | ||||||
25 | became
due to the State in the year before the budgeted year. | ||||||
26 | Revenues shall also
include estimated federal reimbursements |
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1 | associated with the recognition of
Section 25 of the State | ||||||
2 | Finance Act liabilities. For any budgeted fund
for which | ||||||
3 | current year revenues are anticipated to exceed expenditures, | ||||||
4 | the
surplus shall be considered to be a resource available for | ||||||
5 | expenditure in the
budgeted fiscal year. | ||||||
6 | Expenditure estimates for the budgeted funds included in | ||||||
7 | the State budget
shall include the costs to be incurred by the | ||||||
8 | State for the budgeted year,
to be paid in the next fiscal | ||||||
9 | year, excluding costs paid in the budgeted year
which were | ||||||
10 | carried over from the prior year, where the payment is | ||||||
11 | authorized by
Section
25 of the State Finance Act. For any | ||||||
12 | budgeted fund
for which expenditures are expected to exceed | ||||||
13 | revenues in the current fiscal
year, the deficit shall be | ||||||
14 | considered as a use of funds in the budgeted fiscal
year. | ||||||
15 | Revenues and expenditures shall also include transfers | ||||||
16 | between funds that are
based on revenues received or costs | ||||||
17 | incurred during the budget year. | ||||||
18 | Appropriations for expenditures shall also include all | ||||||
19 | anticipated statutory continuing appropriation obligations | ||||||
20 | that are expected to be incurred during the budgeted fiscal | ||||||
21 | year. | ||||||
22 | By
March 15 of each year, the
Commission on Government | ||||||
23 | Forecasting and Accountability shall prepare
revenue and fund | ||||||
24 | transfer estimates in accordance with the requirements of this
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25 | Section and report those estimates to the General Assembly and | ||||||
26 | the Governor. |
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1 | For all funds other than the budgeted funds, the proposed | ||||||
2 | expenditures shall
not exceed funds estimated to be available | ||||||
3 | for the fiscal year as shown in the
budget. Appropriation for a | ||||||
4 | fiscal year shall not exceed funds estimated by
the General | ||||||
5 | Assembly to be available during that year. The General Assembly | ||||||
6 | shall take into account (i) whether the previous fiscal year's | ||||||
7 | revenues were sufficient to pay for all obligations incurred | ||||||
8 | during that fiscal year or whether those obligations were | ||||||
9 | shifted to future years and (ii) whether revenues for the | ||||||
10 | budgeted fiscal year can be reasonably projected to meet | ||||||
11 | appropriations for the budgeted fiscal year. For each budgeted | ||||||
12 | fiscal year, the General Assembly, by the same joint resolution | ||||||
13 | adopted by record vote, shall declare that the budget is | ||||||
14 | balanced. | ||||||
15 | (b) By February 24, 2010, the Governor must file a written | ||||||
16 | report with the Secretary of the Senate and the Clerk of the | ||||||
17 | House of Representatives containing the following: | ||||||
18 | (1) for fiscal year 2010, the revenues for all budgeted | ||||||
19 | funds, both actual to date and estimated for the full | ||||||
20 | fiscal year; | ||||||
21 | (2) for fiscal year 2010, the expenditures for all | ||||||
22 | budgeted funds, both actual to date and estimated for the | ||||||
23 | full fiscal year; | ||||||
24 | (3) for fiscal year 2011, the estimated revenues for | ||||||
25 | all budgeted funds, including without limitation the | ||||||
26 | affordable General Revenue Fund appropriations, for the |
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1 | full fiscal year; and | ||||||
2 | (4) for fiscal year 2011, an estimate of the | ||||||
3 | anticipated liabilities for all budgeted funds, including | ||||||
4 | without limitation the affordable General Revenue Fund | ||||||
5 | appropriations, debt service on bonds issued, and the | ||||||
6 | State's contributions to the pension systems, for the full | ||||||
7 | fiscal year. | ||||||
8 | Between July 1 and August 31 of each fiscal year, the | ||||||
9 | members of the General Assembly and members of the public may | ||||||
10 | make written budget recommendations to the Governor. | ||||||
11 | Beginning with budgets prepared for fiscal year 2013, the | ||||||
12 | budgets submitted by the Governor and appropriations made by | ||||||
13 | the General Assembly for all executive branch State agencies | ||||||
14 | must adhere to a method of budgeting where each priority must | ||||||
15 | be justified each year according to merit rather than according | ||||||
16 | to the amount appropriated for the preceding year. | ||||||
17 | (Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881, | ||||||
18 | eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
19 | 96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff. | ||||||
20 | 1-13-12.)
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