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90_HB0906
15 ILCS 20/38 from Ch. 127, par. 38
Amends the Civil Administrative Code of Illinois to
specify the manner of calculating the State revenue and
expenditure estimates that must be included in the Governor's
annual State budget proposal. Effective immediately.
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1 AN ACT to amend the Civil Administrative Code of Illinois
2 by changing Section 38.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Section 38 as follows:
7 (15 ILCS 20/38) (from Ch. 127, par. 38)
8 Sec. 38. The Governor shall, as soon as possible and not
9 later than April 7, 1992, and the first Wednesday in March of
10 each year through 1997, and on the third Wednesday in
11 February of each year beginning in 1998, submit a State
12 budget, embracing therein the amounts recommended by him to
13 be appropriated to the respective departments, offices, and
14 institutions, and for all other public purposes, the
15 estimated revenues from taxation, the estimated revenues from
16 sources other than taxation, and an estimate of the amount
17 required to be raised by taxation. The amounts recommended
18 by the Governor for appropriation to the respective
19 departments, offices and institutions shall be formulated
20 according to the various functions and activities for which
21 the respective department, office or institution of the State
22 government (including the elective officers in the executive
23 department and including the University of Illinois and the
24 judicial department) is responsible. The amounts relating to
25 particular functions and activities shall be further
26 formulated in accordance with the object classification
27 specified in Section 13 of the State Finance Act.
28 For the purpose of this Section, a balanced budget shall
29 mean a budget for which the proposed expenditures do not
30 exceed funds estimated to be available for the fiscal year as
31 required by Article VIII, Section 2 of the Constitution of
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1 the State of Illinois. A balanced budget must include
2 estimated resources available for the budgeted year that are
3 at least equal to the proposed use of such resources for the
4 budgeted year, determined as provided in this Section.
5 The Governor's State budget proposal shall be prepared on
6 the basis of revenue and expenditure measurement concepts
7 that are in concert with generally accepted accounting
8 principles for governments.
9 The revenue estimates used in the budget proposal shall
10 include the revenues estimated to be received during the
11 budgeted year, plus the estimated receipts due the State as
12 of June 30 of the budgeted year that are expected to be
13 collected during the lapse period following the budgeted
14 year, minus the receipts collected during the first 2 months
15 of the budgeted year that became due to the State in the year
16 before the budgeted year. For any budgeted fund for which
17 revenues are anticipated to exceed expenditures (determined
18 in accordance with this Section and including the most recent
19 audited fund balance prepared in accordance with generally
20 accepted accounting principles) in the current fiscal year,
21 the surplus shall be considered as a resource available for
22 expenditure in the budgeted year.
23 Expenditure estimates included in the Governor's budget
24 submission recommended to be subject to appropriations shall
25 include the costs to be incurred by the State for the
26 budgeted year regardless of the fiscal year in which the
27 liability is discharged. For any budgeted fund for which
28 expenditures are expected to exceed revenues (determined in
29 accordance with this Section and including the most recent
30 audited fund balance prepared in accordance with generally
31 accepted accounting principles) in the current fiscal year,
32 the deficit shall be considered as a use of funds in the
33 budgeted year.
34 Revenues and expenditures shall also include transfers
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1 between funds that are based on revenues received or costs
2 incurred during the budget year. Such transfers shall also
3 include those that, by statutory or administrative
4 scheduling, are not transferred until the subsequent year.
5 By April 15 of each year, the Auditor General shall (i)
6 determine whether the expenditure and revenue estimates and
7 fund transfers that have been included in the budget
8 submitted by the Governor under this Section reasonably
9 satisfy the requirements of this Section and (ii) report this
10 determination to the General Assembly and the Governor,
11 together with any recommendations that the Auditor General
12 may have for improving those estimates or transfers in future
13 budget submissions.
14 (Source: P.A. 89-699, eff. 1-16-97.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.