103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3170

 

Introduced 2/6/2024, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
New Act
15 ILCS 20/50-5

    Creates the Noncitizen Population Spending Transparency Act. Provides that the Department of Human Services, in collaboration with relevant State agencies, shall prepare an annual report identifying all State spending on services and resources for noncitizen and asylum-seeking populations. Sets forth reporting requirements. Provides that, on or before November 15, 2024, and each year thereafter, the Department of Human Services shall submit the report to the General Assembly. Provides that the Department of Human Services shall post and maintain the report on its publicly available website. Provides that the Department of Human Services is authorized to coordinate efforts with other State agencies to prepare and submit a cohesive report for the General Assembly. Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that, beginning with budgets prepared for fiscal year 2026, the budgets submitted by the Governor and appropriations made by the General Assembly for all executive branch State agencies must include a detailed accounting of all proposed spending on noncitizen and asylum-seeking populations. Effective immediately.


LRB103 36727 SPS 66837 b

 

 

A BILL FOR

 

SB3170LRB103 36727 SPS 66837 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 1. Short title. This Act may be cited as the
5Noncitizen Population Spending Transparency Act.
 
6    Section 5. Reporting requirements.
7    (a) The Department of Human Services, in collaboration
8with relevant State agencies, shall prepare an annual report
9identifying all State spending on services and resources for
10noncitizen and asylum-seeking populations, including, but not
11limited to, services and resources provided by the following
12State entities:
13        (1) the State Board of Education;
14        (2) the Department of Human Services;
15            (A) the Bureau of Refugee and Immigrant Services;
16            (B) the Office of Hispanic/Latino Affairs;
17            (C) the Illinois Welcoming Center;
18            (D) the Chief Homelessness Officer; and
19            (E) programs providing support to victims of
20        trafficking, torture, and other serious crimes.
21        (3) the Department of Public Health, including the
22    State Refugee Health Coordinator;
23        (4) the Illinois Emergency Management Agency and

 

 

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1    Office of Homeland Security;
2        (5) the Department of Central Management Services;
3        (6) the Department of Labor; and
4        (7) the Department of Healthcare and Family Services.
5    (b) The report shall include the following information
6concerning the expenditures identified in subsection (a):
7        (1) the total amount spent on noncitizen and
8    asylum-seeking populations in the previous fiscal year;
9        (2) the specific appropriation authorizing the
10    spending;
11        (3) any transfers among line-item appropriations
12    associated with noncitizen and asylum-seeking populations
13        (4) the total number of families or individuals
14    impacted by each service or resource;
15        (5) the funding sources of the service or resource;
16    and
17        (6) contracts awarded to organizations providing
18    noncitizen and asylum-seeking populations access to
19    services or resources in, at a minimum, the following
20    categories:
21            (A) emergency shelter and housing;
22            (B) food;
23            (C) health screenings;
24            (D) medical assessments and treatments;
25            (E) case management services to assist critical
26        needs, including legal services and job readiness

 

 

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1        support;
2            (F) enrollment in public schools;
3            (G) long-term housing and housing assistance;
4            (H) injury and wound care, vaccinations, and
5        chronic health condition management;
6            (I) mental health assessments; and
7            (J) any other spending related to noncitizen or
8        asylum-seeking populations.
 
9    Section 10. Submission of the report. On or before
10November 15, 2024, and each year thereafter, the Department of
11Human Services shall submit the report described in Section 5
12to the General Assembly.
 
13    Section 15. Publication and accessibility. The Department
14of Human Services shall post and maintain the report described
15in Section 5 on its publicly available website.
 
16    Section 20. Coordination with State agencies. The
17Department of Human Services is authorized to coordinate
18efforts under this Act with other State agencies to prepare
19and submit a cohesive report for the General Assembly.
 
20    Section 90. The State Budget Law of the Civil
21Administrative Code of Illinois is amended by changing Section
2250-5 as follows:
 

 

 

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1    (15 ILCS 20/50-5)
2    Sec. 50-5. Governor to submit State budget.
3    (a) The Governor shall, as soon as possible and not later
4than the second Wednesday in March in 2010 (March 10, 2010),
5the third Wednesday in February in 2011, the fourth Wednesday
6in February in 2012 (February 22, 2012), the first Wednesday
7in March in 2013 (March 6, 2013), the fourth Wednesday in March
8in 2014 (March 26, 2014), the first Wednesday in February in
92022 (February 2, 2022), and the third Wednesday in February
10of each year thereafter, except as otherwise provided in this
11Section, submit a State budget, embracing therein the amounts
12recommended by the Governor to be appropriated to the
13respective departments, offices, and institutions, and for all
14other public purposes, the estimated revenues from taxation,
15and the estimated revenues from sources other than taxation.
16Except with respect to the capital development provisions of
17the State budget, beginning with the revenue estimates
18prepared for fiscal year 2012, revenue estimates shall be
19based solely on: (i) revenue sources (including non-income
20resources), rates, and levels that exist as of the date of the
21submission of the State budget for the fiscal year and (ii)
22revenue sources (including non-income resources), rates, and
23levels that have been passed by the General Assembly as of the
24date of the submission of the State budget for the fiscal year
25and that are authorized to take effect in that fiscal year.

 

 

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1Except with respect to the capital development provisions of
2the State budget, the Governor shall determine available
3revenue, deduct the cost of essential government services,
4including, but not limited to, pension payments and debt
5service, and assign a percentage of the remaining revenue to
6each statewide prioritized goal, as established in Section
750-25 of this Law, taking into consideration the proposed
8goals set forth in the report of the Commission established
9under that Section. The Governor shall also demonstrate how
10spending priorities for the fiscal year fulfill those
11statewide goals. The amounts recommended by the Governor for
12appropriation to the respective departments, offices and
13institutions shall be formulated according to each
14department's, office's, and institution's ability to
15effectively deliver services that meet the established
16statewide goals. The amounts relating to particular functions
17and activities shall be further formulated in accordance with
18the object classification specified in Section 13 of the State
19Finance Act. In addition, the amounts recommended by the
20Governor for appropriation shall take into account each State
21agency's effectiveness in achieving its prioritized goals for
22the previous fiscal year, as set forth in Section 50-25 of this
23Law, giving priority to agencies and programs that have
24demonstrated a focus on the prevention of waste and the
25maximum yield from resources.
26    Beginning in fiscal year 2011, the Governor shall

 

 

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1distribute written quarterly financial reports on operating
2funds, which may include general, State, or federal funds and
3may include funds related to agencies that have significant
4impacts on State operations, and budget statements on all
5appropriated funds to the General Assembly and the State
6Comptroller. The reports shall be submitted no later than 45
7days after the last day of each quarter of the fiscal year and
8shall be posted on the Governor's Office of Management and
9Budget's website on the same day. The reports shall be
10prepared and presented for each State agency and on a
11statewide level in an executive summary format that may
12include, for the fiscal year to date, individual itemizations
13for each significant revenue type as well as itemizations of
14expenditures and obligations, by agency, with an appropriate
15level of detail. The reports shall include a calculation of
16the actual total budget surplus or deficit for the fiscal year
17to date. The Governor shall also present periodic budget
18addresses throughout the fiscal year at the invitation of the
19General Assembly.
20    The Governor shall not propose expenditures and the
21General Assembly shall not enact appropriations that exceed
22the resources estimated to be available, as provided in this
23Section. Appropriations may be adjusted during the fiscal year
24by means of one or more supplemental appropriation bills if
25any State agency either fails to meet or exceeds the goals set
26forth in Section 50-25 of this Law.

 

 

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1    For the purposes of Article VIII, Section 2 of the 1970
2Illinois Constitution, the State budget for the following
3funds shall be prepared on the basis of revenue and
4expenditure measurement concepts that are in concert with
5generally accepted accounting principles for governments:
6        (1) General Revenue Fund.
7        (2) Common School Fund.
8        (3) Educational Assistance Fund.
9        (4) Road Fund.
10        (5) Motor Fuel Tax Fund.
11        (6) Agricultural Premium Fund.
12    These funds shall be known as the "budgeted funds". The
13revenue estimates used in the State budget for the budgeted
14funds shall include the estimated beginning fund balance, plus
15revenues estimated to be received during the budgeted year,
16plus the estimated receipts due the State as of June 30 of the
17budgeted year that are expected to be collected during the
18lapse period following the budgeted year, minus the receipts
19collected during the first 2 months of the budgeted year that
20became due to the State in the year before the budgeted year.
21Revenues shall also include estimated federal reimbursements
22associated with the recognition of Section 25 of the State
23Finance Act liabilities. For any budgeted fund for which
24current year revenues are anticipated to exceed expenditures,
25the surplus shall be considered to be a resource available for
26expenditure in the budgeted fiscal year.

 

 

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1    Expenditure estimates for the budgeted funds included in
2the State budget shall include the costs to be incurred by the
3State for the budgeted year, to be paid in the next fiscal
4year, excluding costs paid in the budgeted year which were
5carried over from the prior year, where the payment is
6authorized by Section 25 of the State Finance Act. For any
7budgeted fund for which expenditures are expected to exceed
8revenues in the current fiscal year, the deficit shall be
9considered as a use of funds in the budgeted fiscal year.
10    Revenues and expenditures shall also include transfers
11between funds that are based on revenues received or costs
12incurred during the budget year.
13    Appropriations for expenditures shall also include all
14anticipated statutory continuing appropriation obligations
15that are expected to be incurred during the budgeted fiscal
16year.
17    By March 15 of each year, the Commission on Government
18Forecasting and Accountability shall prepare revenue and fund
19transfer estimates in accordance with the requirements of this
20Section and report those estimates to the General Assembly and
21the Governor.
22    For all funds other than the budgeted funds, the proposed
23expenditures shall not exceed funds estimated to be available
24for the fiscal year as shown in the budget. Appropriation for a
25fiscal year shall not exceed funds estimated by the General
26Assembly to be available during that year.

 

 

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1    (b) By February 24, 2010, the Governor must file a written
2report with the Secretary of the Senate and the Clerk of the
3House of Representatives containing the following:
4        (1) for fiscal year 2010, the revenues for all
5    budgeted funds, both actual to date and estimated for the
6    full fiscal year;
7        (2) for fiscal year 2010, the expenditures for all
8    budgeted funds, both actual to date and estimated for the
9    full fiscal year;
10        (3) for fiscal year 2011, the estimated revenues for
11    all budgeted funds, including without limitation the
12    affordable General Revenue Fund appropriations, for the
13    full fiscal year; and
14        (4) for fiscal year 2011, an estimate of the
15    anticipated liabilities for all budgeted funds, including
16    without limitation the affordable General Revenue Fund
17    appropriations, debt service on bonds issued, and the
18    State's contributions to the pension systems, for the full
19    fiscal year.
20    Between July 1 and August 31 of each fiscal year, the
21members of the General Assembly and members of the public may
22make written budget recommendations to the Governor.
23    Beginning with budgets prepared for fiscal year 2013, the
24budgets submitted by the Governor and appropriations made by
25the General Assembly for all executive branch State agencies
26must adhere to a method of budgeting where each priority must

 

 

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1be justified each year according to merit rather than
2according to the amount appropriated for the preceding year.
3    Beginning with budgets prepared for fiscal year 2026, the
4budgets submitted by the Governor and appropriations made by
5the General Assembly for all executive branch State agencies
6must include a detailed accounting of all proposed spending on
7noncitizen and asylum-seeking populations.
8(Source: P.A. 102-671, eff. 11-30-21.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.