State of Illinois
90th General Assembly
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90_SB0281

      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.
                                                    LRB9000823LDdvA
                                              LRB9000823LDdvA
 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  thereafter,  submit  a  State  budget,  embracing
11    therein  the amounts recommended by him to be appropriated to
12    the respective departments, offices,  and  institutions,  and
13    for  all  other  public purposes, the estimated revenues from
14    taxation, the estimated  revenues  from  sources  other  than
15    taxation, and an estimate of the amount required to be raised
16    by  taxation.   The  amounts  recommended by the Governor for
17    appropriation to  the  respective  departments,  offices  and
18    institutions  shall  be  formulated  according to the various
19    functions and activities for which the respective department,
20    office or institution of the State government (including  the
21    elective  officers  in the executive department and including
22    the University of Illinois and the  judicial  department)  is
23    responsible. The amounts relating to particular functions and
24    activities shall be further formulated in accordance with the
25    object  classification  specified  in Section 13 of the State
26    Finance Act.
27        For the purpose of this Section, a balanced budget  shall
28    mean  a  budget  for  which  the proposed expenditures do not
29    exceed funds estimated to be available for the fiscal year as
30    required by Article VIII, Section 2 of  the  Constitution  of
31    the  State  of  Illinois.  A  balanced  budget  must  include
                            -2-               LRB9000823LDdvA
 1    estimated  resources available for the budgeted year that are
 2    at least equal to the proposed use of such resources for  the
 3    budgeted year, determined as provided in this Section.
 4        The Governor's State budget proposal shall be prepared on
 5    the  basis  of  revenue  and expenditure measurement concepts
 6    that  are  in  concert  with  generally  accepted  accounting
 7    principles for governments.
 8        The revenue estimates used in the budget  proposal  shall
 9    include  the  revenues  estimated  to  be received during the
10    budgeted year, plus the estimated receipts due the  State  as
11    of  June  30  of  the  budgeted  year that are expected to be
12    collected during the  lapse  period  following  the  budgeted
13    year,  minus the receipts collected during the first 3 months
14    of the budgeted year that became due to the State in the year
15    before the budgeted year.  For any budgeted  fund  for  which
16    revenues  are  anticipated to exceed expenditures (determined
17    in accordance with this Section and including the most recent
18    audited fund balance prepared in  accordance  with  generally
19    accepted  accounting  principles) in the current fiscal year,
20    the  surplus shall be considered as a resource available  for
21    expenditure in the budgeted year.
22        Expenditure  estimates  included in the Governor's budget
23    submission recommended to be subject to appropriations  shall
24    include  the  costs  to  be  incurred  by  the  State for the
25    budgeted year regardless of the  fiscal  year  in  which  the
26    liability  is  discharged.   For  any budgeted fund for which
27    expenditures are expected to exceed revenues  (determined  in
28    accordance  with  this  Section and including the most recent
29    audited fund balance prepared in  accordance  with  generally
30    accepted  accounting  principles) in the current fiscal year,
31    the deficit shall be considered as a  use  of  funds  in  the
32    budgeted year.
33        Revenues  and  expenditures  shall also include transfers
34    between funds that are based on revenues  received  or  costs
                            -3-               LRB9000823LDdvA
 1    incurred  during  the budget year.  Such transfers shall also
 2    include  those   that,   by   statutory   or   administrative
 3    scheduling, are not transferred until the subsequent year.
 4        By  April  15 of each year, the Auditor General shall (i)
 5    determine whether the expenditure and revenue  estimates  and
 6    fund   transfers  that  have  been  included  in  the  budget
 7    submitted by  the  Governor  under  this  Section  reasonably
 8    satisfy the requirements of this Section and (ii) report this
 9    determination  to  the  General  Assembly  and  the Governor,
10    together with any recommendations that  the  Auditor  General
11    may have for improving those estimates or transfers in future
12    budget submissions.
13    (Source: P.A. 87-838.)
14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

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