Full Text of HB5424 96th General Assembly
HB5424enr 96TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Labor Relations Act is | 5 | | amended by adding Section 21.5 as follows: | 6 | | (5 ILCS 315/21.5 new) | 7 | | Sec. 21.5. Termination of certain agreements after | 8 | | constitutional officers take office. | 9 | | (a) No collective bargaining agreement entered into, on or | 10 | | after the effective date of this amendatory Act of the 96th | 11 | | General Assembly between an executive branch constitutional | 12 | | officer or any agency or department of an executive branch | 13 | | constitutional officer and a labor organization may extend | 14 | | beyond June 30th of the year in which the terms of office of | 15 | | executive branch constitutional officers begin. | 16 | | (b) No collective bargaining agreement entered into, on or | 17 | | after the effective date of this amendatory Act of the 96th | 18 | | General Assembly between an executive branch constitutional | 19 | | officer or any agency or department of an executive branch | 20 | | constitutional officer and a labor organization may provide for | 21 | | an increase in salary, wages, or benefits starting on or after | 22 | | the first day of the terms of office of executive branch | 23 | | constitutional officers and ending June 30th of that same year. |
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| 1 | | (c) Any collective bargaining agreement in violation of | 2 | | this Section is terminated and rendered null and void by | 3 | | operation of law. | 4 | | (d) For purposes of this Section, "executive branch | 5 | | constitutional officer" has the same meaning as that term is | 6 | | defined in the State Officials and Employees Ethics Act. | 7 | | Section 10. The State Budget Law of the Civil | 8 | | Administrative Code of Illinois is amended by changing Sections | 9 | | 50-5 and 50-25 as follows: | 10 | | (15 ILCS 20/50-5) | 11 | | Sec. 50-5. Governor to submit State budget. | 12 | | (a) The Governor shall, as soon as
possible and not later | 13 | | than the second
Wednesday in March in 2010 (March 10, 2010) and | 14 | | the third
Wednesday in February of each year beginning in 2011, | 15 | | except as otherwise provided in this Section, submit a
State | 16 | | budget, embracing therein the amounts recommended by the | 17 | | Governor to be
appropriated to the respective departments, | 18 | | offices, and institutions, and
for all other public purposes, | 19 | | the estimated revenues from taxation, and the
estimated | 20 | | revenues from sources other than taxation , and an estimate of | 21 | | the
amount required to be raised by taxation . Except with | 22 | | respect to the capital development provisions of the State | 23 | | budget, beginning with the revenue estimates prepared for | 24 | | fiscal year 2012, revenue estimates shall be based solely on: |
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| 1 | | (i) revenue sources (including non-income resources), rates, | 2 | | and levels that exist as of the date of the submission of the | 3 | | State budget for the fiscal year and (ii) revenue sources | 4 | | (including non-income resources), rates, and levels that have | 5 | | been passed by the General Assembly as of the date of the | 6 | | submission of the State budget for the fiscal year and that are | 7 | | authorized to take effect in that fiscal year. Except with | 8 | | respect to the capital development provisions of the State | 9 | | budget, the Governor shall determine available revenue, deduct | 10 | | the cost of essential government services, including, but not | 11 | | limited to, pension payments and debt service, and assign a | 12 | | percentage of the remaining revenue to each statewide | 13 | | prioritized goal, as established in Section 50-25 of this Law, | 14 | | taking into consideration the proposed goals set forth in the | 15 | | report of the Commission established under that Section. The | 16 | | Governor shall also demonstrate how spending priorities for the | 17 | | fiscal year fulfill those statewide goals. The amounts | 18 | | recommended by the
Governor for appropriation to the respective | 19 | | departments, offices and
institutions shall be formulated | 20 | | according to each department's, office's, and institution's | 21 | | ability to effectively deliver services that meet the | 22 | | established statewide goals according to the various functions | 23 | | and
activities for which the respective department, office or | 24 | | institution of
the State government (including the elective | 25 | | officers in the executive
department and including the | 26 | | University of Illinois and the judicial
department) is |
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| 1 | | responsible . The amounts relating to particular functions
and | 2 | | activities shall be further formulated in accordance with the | 3 | | object
classification specified in Section 13 of the State | 4 | | Finance Act. In addition, the amounts recommended by the | 5 | | Governor for appropriation shall take into account each State | 6 | | agency's effectiveness in achieving its prioritized goals for | 7 | | the previous fiscal year, as set forth in Section 50-25 of this | 8 | | Law, giving priority to agencies and programs that have | 9 | | demonstrated a focus on the prevention of waste and the maximum | 10 | | yield from resources. | 11 | | Beginning in fiscal year 2011, the Governor shall | 12 | | distribute written quarterly financial reports on operating | 13 | | funds, which may include general, State, or federal funds and | 14 | | may include funds related to agencies that have significant | 15 | | impacts on State operations, budget statements to the General | 16 | | Assembly and the State Comptroller. The reports statements | 17 | | shall be submitted no later than 45 days after the last day on | 18 | | Wednesday of the last week of the last month of each quarter of | 19 | | the fiscal year and , as is currently the practice on the | 20 | | effective date of this amendatory Act of the 96th General | 21 | | Assembly, shall be posted on the Governor's Office of | 22 | | Management and Budget's Comptroller's website on the same day. | 23 | | The reports statements shall be prepared and presented in an | 24 | | executive summary format that may include includes , for the | 25 | | fiscal year to date, individual itemizations for each | 26 | | significant revenue type source as well as individual |
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| 1 | | itemizations of expenditures and obligations, by agency the | 2 | | classified line items set forth in Section 13 of the State | 3 | | Finance Act and for other purposes , with an appropriate level | 4 | | of detail. The reports statement shall include a calculation of | 5 | | the actual total budget surplus or deficit for the fiscal year | 6 | | to date . The Governor shall also present periodic budget | 7 | | addresses throughout the fiscal year at the invitation of the | 8 | | General Assembly. | 9 | | The Governor shall not propose expenditures and the General | 10 | | Assembly shall
not enact appropriations that exceed the | 11 | | resources estimated to be available,
as provided in this | 12 | | Section. Appropriations may be adjusted during the fiscal year | 13 | | by means of one or more supplemental appropriation bills if any | 14 | | State agency either fails to meet or exceeds the goals set | 15 | | forth in Section 50-25 of this Law. | 16 | | For the purposes of Article VIII, Section 2 of the 1970
| 17 | | Illinois Constitution, the State budget for the following funds | 18 | | shall be
prepared on the basis of revenue and expenditure | 19 | | measurement concepts that are
in concert with generally | 20 | | accepted accounting principles for governments: | 21 | | (1) General Revenue Fund. | 22 | | (2) Common School Fund. | 23 | | (3) Educational Assistance Fund. | 24 | | (4) Road Fund. | 25 | | (5) Motor Fuel Tax Fund. | 26 | | (6) Agricultural Premium Fund. |
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| 1 | | These funds shall be known as the "budgeted funds". The | 2 | | revenue
estimates used in the State budget for the budgeted | 3 | | funds shall include the
estimated beginning fund balance, plus
| 4 | | revenues estimated to be received during the budgeted year, | 5 | | plus the estimated
receipts due the State as of June 30 of the | 6 | | budgeted year that are expected to
be collected during the | 7 | | lapse period following the budgeted year, minus the
receipts | 8 | | collected during the first 2 months of the budgeted year that | 9 | | became
due to the State in the year before the budgeted year. | 10 | | Revenues shall also
include estimated federal reimbursements | 11 | | associated with the recognition of
Section 25 of the State | 12 | | Finance Act liabilities. For any budgeted fund
for which | 13 | | current year revenues are anticipated to exceed expenditures, | 14 | | the
surplus shall be considered to be a resource available for | 15 | | expenditure in the
budgeted fiscal year. | 16 | | Expenditure estimates for the budgeted funds included in | 17 | | the State budget
shall include the costs to be incurred by the | 18 | | State for the budgeted year,
to be paid in the next fiscal | 19 | | year, excluding costs paid in the budgeted year
which were | 20 | | carried over from the prior year, where the payment is | 21 | | authorized by
Section
25 of the State Finance Act. For any | 22 | | budgeted fund
for which expenditures are expected to exceed | 23 | | revenues in the current fiscal
year, the deficit shall be | 24 | | considered as a use of funds in the budgeted fiscal
year. | 25 | | Revenues and expenditures shall also include transfers | 26 | | between funds that are
based on revenues received or costs |
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| 1 | | incurred during the budget year. | 2 | | Appropriations for expenditures shall also include all | 3 | | anticipated statutory continuing appropriation obligations | 4 | | that are expected to be incurred during the budgeted fiscal | 5 | | year. | 6 | | By
March 15 of each year, the
Commission on Government | 7 | | Forecasting and Accountability shall prepare
revenue and fund | 8 | | transfer estimates in accordance with the requirements of this
| 9 | | Section and report those estimates to the General Assembly and | 10 | | the Governor. | 11 | | For all funds other than the budgeted funds, the proposed | 12 | | expenditures shall
not exceed funds estimated to be available | 13 | | for the fiscal year as shown in the
budget. Appropriation for a | 14 | | fiscal year shall not exceed funds estimated by
the General | 15 | | Assembly to be available during that year. | 16 | | (b) This subsection applies only to the process for the | 17 | | proposed fiscal year 2011 budget. | 18 | | By February 24, 2010, the Governor must file a written | 19 | | report with the Secretary of the Senate and the Clerk of the | 20 | | House of Representatives containing the following: | 21 | | (1) for fiscal year 2010, the revenues for all budgeted | 22 | | funds, both actual to date and estimated for the full | 23 | | fiscal year; | 24 | | (2) for fiscal year 2010, the expenditures for all | 25 | | budgeted funds, both actual to date and estimated for the | 26 | | full fiscal year; |
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| 1 | | (3) for fiscal year 2011, the estimated revenues for | 2 | | all budgeted funds, including without limitation the | 3 | | affordable General Revenue Fund appropriations, for the | 4 | | full fiscal year; and | 5 | | (4) for fiscal year 2011, an estimate of the | 6 | | anticipated liabilities for all budgeted funds, including | 7 | | without limitation the affordable General Revenue Fund | 8 | | appropriations, debt service on bonds issued, and the | 9 | | State's contributions to the pension systems, for the full | 10 | | fiscal year. | 11 | | Between July 1 and August 31 of each fiscal year February | 12 | | 24, 2010 and March 10, 2010 , the members of the General | 13 | | Assembly and members of the public may make written budget | 14 | | recommendations to the Governor , and the Governor shall | 15 | | promptly make those recommendations available to the public | 16 | | through the Governor's Internet website . | 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 according | 22 | | to the amount appropriated for the preceding year. | 23 | | (Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881, | 24 | | eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10.) | 25 | | (15 ILCS 20/50-25) |
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| 1 | | Sec. 50-25. Statewide prioritized goals. For fiscal year | 2 | | 2012 and each fiscal year thereafter, prior to the submission | 3 | | of the State budget, the Governor, in consultation with the | 4 | | appropriation committees of the General Assembly and, | 5 | | beginning with budgets prepared for fiscal year 2013, the | 6 | | commission established under this Section , shall: (i) | 7 | | prioritize outcomes that are most important for each State | 8 | | agency of the executive branch under the jurisdiction of the | 9 | | Governor to achieve for the next fiscal year and (ii) set goals | 10 | | to accomplish those outcomes according to the priority of the | 11 | | outcome. There must be a reasonable number of annually defined | 12 | | statewide goals defining State priorities for the budget. Each | 13 | | goal shall be further defined to facilitate success in | 14 | | achieving that goal. No later than July 31 of each fiscal year | 15 | | beginning in fiscal year 2012, the Governor shall establish a | 16 | | commission for the purpose of advising the Governor in setting | 17 | | those outcomes and goals, including the timeline for achieving | 18 | | those outcomes and goals. The commission shall be a | 19 | | well-balanced group and shall be a manageable size. The | 20 | | commission shall hold at least 2 public meetings during each | 21 | | fiscal year. One meeting shall be held in the City of Chicago | 22 | | and one meeting shall be held in the City of Springfield. By | 23 | | November 1 of each year, the commission shall submit a report | 24 | | to the Governor and the General Assembly setting forth | 25 | | recommendations with respect to the Governor's proposed | 26 | | outcomes and goals. The report shall be published on the |
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| 1 | | Governor's Office of Management and Budget's website. In its | 2 | | report, the commission shall propose a percentage of the total | 3 | | budget to be assigned to each proposed outcome and goal. The | 4 | | commission shall also review existing mandated expenditures | 5 | | and include in its report recommendations for the termination | 6 | | of mandated expenditures. The General Assembly may object to | 7 | | the commission's report by passing a joint resolution detailing | 8 | | the General Assembly's objections. | 9 | | In addition, each other constitutional officer of the | 10 | | executive branch, in consultation with the appropriation | 11 | | committees of the General Assembly, shall: (i) prioritize | 12 | | outcomes that are most important for his or her office to | 13 | | achieve for the next fiscal year and (ii) set goals to | 14 | | accomplish those outcomes according to the priority of the | 15 | | outcome. The Governor and each constitutional officer shall | 16 | | separately conduct performance analyses to determine which | 17 | | programs, strategies, and activities will best achieve those | 18 | | desired outcomes. The Governor shall recommend that | 19 | | appropriations be made to State agencies and officers for the | 20 | | next fiscal year based on the agreed upon goals and priorities. | 21 | | Each agency and officer may develop its own strategies for | 22 | | meeting those goals and shall review and analyze those | 23 | | strategies on a regular basis. The Governor shall also | 24 | | implement procedures to measure annual progress toward the | 25 | | State's highest priority outcomes and shall develop a statewide | 26 | | reporting system that compares the actual results with budgeted |
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| 1 | | results. Those performance measures and results shall be posted | 2 | | on the State Comptroller's website, and compiled for | 3 | | distribution in the Comptroller's Public Accountability | 4 | | Report, as is currently the practice on the effective date of | 5 | | this amendatory Act of the 96th General Assembly.
| 6 | | (Source: P.A. 96-958, eff. 7-1-10.) | 7 | | Section 15. The Illinois Grant Funds Recovery Act is | 8 | | amended by adding Section 4.2 as follows: | 9 | | (30 ILCS 705/4.2 new) | 10 | | Sec. 4.2. Suspension of grant making authority. Any grant | 11 | | funds and any grant program administered by a grantor agency | 12 | | subject to this Act are indefinitely suspended on July 1, 2012, | 13 | | and on July 1st of every 5th year thereafter, unless the | 14 | | General Assembly, by law, authorizes that grantor agency to | 15 | | make grants or lifts the suspension of the authorization of | 16 | | that grantor agency to make grants. In the case of a suspension | 17 | | of the authorization of a grantor agency to make grants, the | 18 | | authority of that grantor agency to make grants is suspended | 19 | | until the suspension is explicitly lifted by law by the General | 20 | | Assembly, even if an appropriation has been made for the | 21 | | explicit purpose of such grants. This suspension of grant | 22 | | making authority supersedes any other law or rule to the | 23 | | contrary.
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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