103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3113

 

Introduced 2/2/2024, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 20/50-10  was 15 ILCS 20/38.1
20 ILCS 65/20-15
20 ILCS 3005/7.3

    Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that for the fiscal year beginning July 1, 2025 and for each fiscal year thereafter, the budget shall include an explanation of the manner in which provisions of the budget further the Governor's efforts to ensure equity in the State. Defines "equity". Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that the State Board of Education and the Department on Aging, the Department of Central Management Services, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Illinois Department of Labor, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Public Health, and the Illinois Department of Transportation shall file an annual report to the General Assembly containing an analysis of how the most recently adopted State budget promotes equity, as defined in the State Budget Law of the Civil Administrative Code of Illinois. Amends the Governor's Office of Management and Budget Act. Provides that the Governor's Office of Management and Budget economic and fiscal policy report to the General Assembly shall contain how the budget has addressed equity. Effective immediately.


LRB103 38557 SPS 68693 b

 

 

A BILL FOR

 

SB3113LRB103 38557 SPS 68693 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Budget Law of the Civil
5Administrative Code of Illinois is amended by changing Section
650-10 as follows:
 
7    (15 ILCS 20/50-10)  (was 15 ILCS 20/38.1)
8    Sec. 50-10. Budget contents. The budget shall be submitted
9by the Governor with line item and program data. The budget
10shall also contain performance data presenting an estimate for
11the current fiscal year, projections for the budget year, and
12information for the 3 prior fiscal years comparing department
13objectives with actual accomplishments, formulated according
14to the various functions and activities, and, wherever the
15nature of the work admits, according to the work units, for
16which the respective departments, offices, and institutions of
17the State government (including the elective officers in the
18executive department and including the University of Illinois
19and the judicial department) are responsible.
20    For the fiscal year beginning July 1, 1992 and for each
21fiscal year thereafter, the budget shall include the
22performance measures of each department's accountability
23report.

 

 

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1    For the fiscal year beginning July 1, 1997 and for each
2fiscal year thereafter, the budget shall include one or more
3line items appropriating moneys to the Department of Human
4Services to fund participation in the Home-Based Support
5Services Program for Adults with Mental Disabilities under the
6Developmental Disability and Mental Disability Services Act by
7persons described in Section 2-17 of that Act.
8    For the fiscal year beginning July 1, 2019, and for each
9fiscal year thereafter, the budget shall include a separate
10line item request appropriating moneys to each State agency
11for: (1) estimated costs for each fund under the State Prompt
12Payment Act; and (2) estimated costs for each fund under
13Sections 368a and 370a of the Illinois Insurance Code.
14    The budget shall contain a capital development section in
15which the Governor will present (1) information on the capital
16projects and capital programs for which appropriations are
17requested, (2) the capital spending plans, which shall
18document the first and subsequent years cash requirements by
19fund for the proposed bonded program, and (3) a statement that
20shall identify by year the principal and interest costs until
21retirement of the State's general obligation debt. In
22addition, the principal and interest costs of the budget year
23program shall be presented separately, to indicate the
24marginal cost of principal and interest payments necessary to
25retire the additional bonds needed to finance the budget
26year's capital program. In 2004 only, the capital development

 

 

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1section of the State budget shall be submitted by the Governor
2not later than the fourth Tuesday of March (March 23, 2004).
3    For the fiscal year beginning July 1, 2025 and for each
4fiscal year thereafter, the budget shall include an
5explanation of the manner in which provisions of the budget
6further the Governor's efforts to ensure equity in the State.
7For purposes of this paragraph, "equity" means efforts,
8regulations, policies, programs, standards, processes and any
9other functions of government or principles of law and
10governance intended to: (1) identify and remedy past and
11present patterns of discrimination or inequality and
12disparities in outcome; (2) ensure that such patterns of
13discrimination, inequality and disparities in outcome, whether
14intentional or unintentional, are neither reinforced nor
15perpetuated; and (3) prevent the emergence and persistence of
16foreseeable future patterns of discrimination against or
17disparities in outcome against minority persons as defined by
18Section 2 of the Business Enterprise for Minorities, Women,
19and Persons with Disabilities Act.
20    The budget shall contain a section indicating whether
21there is a projected budget surplus or a projected budget
22deficit for general funds in the current fiscal year, or
23whether the current fiscal year's general funds budget is
24projected to be balanced, based on estimates prepared by the
25Governor's Office of Management and Budget using actual
26figures available on the date the budget is submitted. That

 

 

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1section shall present this information in both a numerical
2table format and by way of a narrative description, and shall
3include information for the proposed upcoming fiscal year, the
4current fiscal year, and the 2 years prior to the current
5fiscal year. These estimates must specifically and separately
6identify any non-recurring revenues, including, but not
7limited to, borrowed money, money derived by borrowing or
8transferring from other funds, or any non-operating financial
9source. None of these specifically and separately identified
10non-recurring revenues may include any revenue that cannot be
11realized without a change to law.  The table shall show
12accounts payable at the end of each fiscal year in a manner
13that specifically and separately identifies any general funds
14liabilities accrued during the current and prior fiscal years
15that may be paid from future fiscal years' appropriations,
16including, but not limited to, costs that may be paid beyond
17the end of the lapse period as set forth in Section 25 of the
18State Finance Act and costs incurred by the Department on
19Aging. The section shall also include an estimate of
20individual and corporate income tax overpayments that will not
21be refunded before the close of the fiscal year.
22    For the budget year, the current year, and 3 prior fiscal
23years, the Governor shall also include in the budget estimates
24of or actual values for the assets and liabilities for General
25Assembly Retirement System, State Employees' Retirement System
26of Illinois, State Universities Retirement System, Teachers'

 

 

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1Retirement System of the State of Illinois, and Judges
2Retirement System of Illinois.
3    The budget submitted by the Governor shall contain, in
4addition, in a separate book, a tabulation of all position and
5employment titles in each such department, office, and
6institution, the number of each, and the salaries for each,
7formulated according to divisions, bureaus, sections, offices,
8departments, boards, and similar subdivisions, which shall
9correspond as nearly as practicable to the functions and
10activities for which the department, office, or institution is
11responsible.
12    Together with the budget, the Governor shall transmit the
13estimates of receipts and expenditures, as received by the
14Director of the Governor's Office of Management and Budget, of
15the elective officers in the executive and judicial
16departments and of the University of Illinois.
17    An applicable appropriations committee of each chamber of
18the General Assembly, for fiscal year 2012 and thereafter,
19must review individual line item appropriations and the total
20budget for each State agency, as defined in the Illinois State
21Auditing Act.
22(Source: P.A. 99-143, eff. 7-27-15; 100-1064, eff. 8-24-18.)
 
23    Section 10. The Data Governance and Organization to
24Support Equity and Racial Justice Act is amended by changing
25Section 20-15 as follows:
 

 

 

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1    (20 ILCS 65/20-15)
2    Sec. 20-15. Data governance and organization to support
3equity and racial justice.
4    (a) On or before July 1, 2022 and each July 1 thereafter,
5the Board and the Department shall report statistical data on
6the racial, ethnic, age, sex, disability status, sexual
7orientation, gender identity, and primary or preferred
8language demographics of program participants for each major
9program administered by the Board or the Department, except as
10provided in subsection (a-5). Except as provided in subsection
11(b), when reporting the data required under this Section, the
12Board or the Department shall use the same racial and ethnic
13classifications for each program, which shall include, but not
14be limited to, the following:
15        (1) American Indian and Alaska Native alone.
16        (2) Asian alone.
17        (3) Black or African American alone.
18        (4) Hispanic or Latino of any race.
19        (5) Native Hawaiian and Other Pacific Islander alone.
20        (6) White alone.
21        (7) Middle Eastern or North African.
22        (8) Some other race alone.
23        (9) Two or more races.
24    The Board and the Department may further define, by rule,
25the racial and ethnic classifications, including, if

 

 

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1necessary, a classification of "No Race Specified".
2    (a-5) In relation to major program participants, the Board
3shall not be required to collect personally identifiable
4information and report statistical data on the categories of
5sex, sexual orientation, and gender identity unless required
6for federal reporting. The Board shall make available reports
7on its Internet website, posted where other mandated reports
8are posted, of statistical data on sex, sexual orientation,
9and gender identity demographics through anonymous surveys or
10other methods as age and developmentally appropriate.
11    (b) If a program administered by the Board or the
12Department is subject to federal reporting requirements that
13include the collection and public reporting of statistical
14data on the racial and ethnic demographics of program
15participants, the Department may maintain the same racial and
16ethnic classifications used under the federal requirements if
17such classifications differ from the classifications listed in
18subsection (a).
19    (c) The Department of Innovation and Technology shall
20assist the Board and the Department by establishing common
21technological processes and procedures for the Board and the
22Department to:
23        (1) Catalog data.
24        (2) Identify similar fields in data sets datasets.
25        (3) Manage data requests.
26        (4) Share data.

 

 

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1        (5) Collect data.
2        (6) Improve and clean data.
3        (7) Match data across the Board and Departments.
4        (8) Develop research and analytic agendas.
5        (9) Report on program participation disaggregated by
6    race and ethnicity.
7        (10) Evaluate equitable outcomes for underserved
8    populations in Illinois.
9        (11) Define common roles for data management.
10        (12) Ensure that all major programs can report
11    disaggregated data by race, ethnicity, age, sex,
12    disability status, sexual orientation, and gender
13    identity, and primary or preferred language.
14    The Board and the Department shall use the common
15technological processes and procedures established by the
16Department of Innovation and Technology.
17    (d) If the Board or the Department is unable to begin
18reporting the data required by subsection (a) by July 1, 2022,
19the Board or the Department shall state the reasons for the
20delay under the reporting requirements.
21    (e) By no later than March 31, 2022, the Board and the
22Department shall provide a progress report to the General
23Assembly to disclose: (i) the programs and data sets datasets
24that have been cataloged for which race, ethnicity, age, sex,
25disability status, sexual orientation, gender identity, and
26primary or preferred language have been standardized; and (ii)

 

 

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1to the extent possible, the data sets datasets and programs
2that are outstanding for each agency and the data sets
3datasets that are planned for the upcoming year. On or before
4March 31, 2023, and each year thereafter, the Board and the
5Department shall provide an updated report to the General
6Assembly.
7    (f) By no later than October 31, 2021, the Governor's
8Office shall provide a plan to establish processes for input
9from the Board and the Department into processes outlined in
10subsection (c). The plan shall incorporate ongoing efforts at
11data interoperability within the Department and the governance
12established to support the P-20 Longitudinal Education Data
13System enacted by Public Act 96-107.
14    (g) The Board and the Department shall file an annual
15report to the General Assembly containing an analysis of how
16the most recently adopted State budget promotes equity, as
17defined in Section 50-10 of the State Budget Law of the Civil
18Administrative Code of Illinois.
19    (h) (g) Nothing in this Section shall be construed to
20limit the rights granted to individuals or data sharing
21protections established under existing State and federal data
22privacy and security laws.
23(Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23;
24103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised
2512-12-23.)
 

 

 

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1    Section 15. The Governor's Office of Management and Budget
2Act is amended by changing Section 7.3 as follows:
 
3    (20 ILCS 3005/7.3)
4    Sec. 7.3. Annual economic and fiscal policy report. No
5later than November 15 of each year, the Governor's Office of
6Management and Budget shall submit an economic and fiscal
7policy report to the General Assembly. The report must outline
8the long-term economic and fiscal policy objectives of the
9State, how the budget has addressed equity as defined in
10Section 50-10 of the State Budget Law of the Civil
11Administrative Code of Illinois, the economic and fiscal
12policy intentions for the upcoming fiscal year, and the
13economic and fiscal policy intentions for the following 4
14fiscal years. The report must highlight the total level of
15revenue, expenditure, deficit or surplus, and debt with
16respect to each of the reporting categories. The report must
17include any assumptions concerning tax rates and fees used to
18determine revenue and expenditures for future fiscal years.
19The report must include a comparison of the enacted current
20fiscal year budget to the current fiscal year outlook, and, if
21applicable, must outline any budgetary shortfalls and fiscal
22and policy options that the Office will pursue to remedy those
23budgetary shortfalls. If the projected expenditures for any of
24the following 4 fiscal years exceeds the corresponding fiscal
25year projected revenues, then the report must outline fiscal

 

 

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1and policy options that the Office will pursue to remedy the
2budgetary shortfall. The report must include: (1) an estimate
3of Late Interest Penalties under the State Prompt Payment Act
4for the upcoming fiscal year and projections of the same for
5each of the following 4 fiscal years; and (2) an estimate of
6interest penalties under Sections 368a and 370a of the
7Illinois Insurance Code for the upcoming fiscal year and
8projections of the same for each of the following 4 fiscal
9years. The report must include an agency categorization key
10for the reporting categories. The report must be posted on the
11Office's Internet website and allow members of the public to
12post comments concerning the report.
13(Source: P.A. 99-854, eff. 8-19-16; 100-1064, eff. 8-24-18.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.