State of Illinois
92nd General Assembly
Legislation

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92_HB0129

 
                                               LRB9201553TAtm

 1        AN ACT in relation to the State budget.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Illinois Open Budgets Act.

 6        Section  5.  State  Budget.   On  the  first Wednesday in
 7    March of each year, the Governor shall present to the General
 8    Assembly a document to be known as  the  State  budget.   The
 9    budget  shall  set  forth  for  the  ensuing  fiscal year the
10    estimated balance of funds available for appropriation at the
11    beginning of the fiscal year, the estimated revenue from  all
12    sources during the fiscal year, and a complete financial plan
13    for   every  department,  agency,  office,  authority,  State
14    college  and  university,   and   public   and   quasi-public
15    corporation  and for all other public purposes for the fiscal
16    year.  The budget shall not contain any  recommendation  that
17    moneys  be  appropriated  from  any  portion of the estimated
18    available balance in the general funds of the  State  at  the
19    beginning  of the fiscal year that is less than the amount of
20    estimated spending under Section 25 of the State Finance Act.
21    The budget may not contain any recommendation that moneys  be
22    appropriated so as to exceed estimated revenue for the fiscal
23    year,  as  determined under the Illinois Constitution and all
24    applicable Illinois statutes.

25        Section 10.  Contents of the Budget.  The budget shall be
26    prepared in the form and manner, and shall have the character
27    and scope, described  in  this  Section.   The  budget  shall
28    consist  of  4  parts,  the  contents  of  which  shall be as
29    follows:
30        (1) Budget Overview. The budget overview shall provide  a
 
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 1    summary  of  the budget, as it contains the Governor's fiscal
 2    priorities for the State.  The overview shall contain a  full
 3    and  accurate  description  of  any  new programs, changes in
 4    existing programs, new taxes or revenue sources,  changes  in
 5    existing  taxes  and  revenue  sources, and other significant
 6    changes in the fiscal policy  of  the  State.   The  overview
 7    shall  contain  tables  reconciling  aggregate  estimates  of
 8    proposed  revenues  and  expenditures.   The  overview  shall
 9    include a plan for meeting any deficit, whether by imposition
10    of  new  taxes, increased rates on existing taxes, imposition
11    of user fees, or other means.  The overview shall  include  a
12    statement  that  the budget complies with the requirements of
13    the  Illinois  Constitution  and  all   applicable   Illinois
14    statutes.
15        (2)  Budget  Detail.   Budget  detail  shall  include the
16    following:
17             (a)  Expenditure Plan.  The budget shall contain the
18        Governor's plan for meeting all the expenditure needs  of
19        the  State  for  the  fiscal  year.  The expenditure plan
20        shall contain the Governor's  recommended  appropriations
21        to  every  department,  agency,  office, authority, State
22        college  and  university,  and  public  and  quasi-public
23        corporation and for all other  public  purposes  for  the
24        fiscal  year.   The  plan  shall  include  summary tables
25        showing recommended  appropriations  by  fund  and  major
26        object  classification  as described in Section 13 of the
27        State Finance  Act.   The  plan  shall  include  detailed
28        tables  showing  recommended  appropriations  by fund and
29        line  item.   The  plan  shall  compare  the  recommended
30        appropriation   for   every   line   item   with   actual
31        expenditures for  the  last  completed  fiscal  year  and
32        estimated expenditures for the fiscal year in progress.
33             (b)  Accountability   Reports.    The  budget  shall
34        include an accountability report  for  every  department,
 
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 1        agency,  office, authority, State college and university,
 2        and public and quasi-public corporation  to  which  State
 3        funds  are  appropriated  for  the  last completed fiscal
 4        year.  The accountability reports shall  be  prepared  in
 5        the  form  and  manner  prescribed by the Director of the
 6        Bureau of the Budget,  and  shall  be  submitted  to  the
 7        Bureau  at times designated by the Director.  The reports
 8        shall measure  each  department's  performance  based  on
 9        criteria,   goals,  and  objectives  established  by  the
10        department with  the  oversight  and  assistance  of  the
11        Bureau   of   the   Budget,   and   shall   include   any
12        recommendations  made by the Budget Advisory Panel or the
13        Auditor General.  The primary objective  of  the  reports
14        shall be to provide a full and complete accounting of the
15        cost   of   delivering   services  through  the  programs
16        administered by each department, including all activities
17        that contribute to that cost.
18             (c)  Financial Statement.  The budget shall  include
19        a  financial  statement  that  describes  in  detail  the
20        financial  position  of  the  State,  and  the  estimated
21        revenue  of  the  State  during  the  budget  year.   The
22        statement shall include:
23                  (i)  An  analysis  of estimated revenue for the
24             budget year, classified  according  to  sources  and
25             funds,  and  compared  to  actual  revenue  received
26             during  the last completed fiscal year and estimated
27             revenue for the fiscal year in progress.
28                  (ii)  An analysis of every appropriated fund in
29             the State treasury, including the budgetary  balance
30             for  the  most  recently  completed fiscal year, the
31             estimated budgetary balance for the fiscal  year  in
32             progress,  and  the  projected budgetary balance for
33             the budget year if the Governor's budget is adopted.
34                  (iii)  A  full  and  accurate   accounting   of
 
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 1             deferred  obligations  for  all  programs  having  a
 2             definable  base of claims or cases and all estimated
 3             expenditures under Section 25 of the  State  Finance
 4             Act  for  the fiscal year last completed, the fiscal
 5             year in progress, and the budget year.
 6                  (iv)  An analysis of the  indebtedness  of  the
 7             State,  including  all  direct  and  indirect bonded
 8             indebtedness and any lease or  installment  purchase
 9             agreements  over $250,000 with a term greater than 5
10             years.
11                  (v)  A statement of federal funds estimated  to
12             be  received during the budget year, and an analysis
13             of the programs for which the funds  shall  be  used
14             and   the   amount  of  State  revenue  required  to
15             implement the programs.
16             (d)  Position and  Employment  Titles.   The  budget
17        shall  include  a table of position and employment titles
18        in each  agency,  including:   the  number  of  employees
19        having  each  title, the salary range for each title, and
20        the total salaries paid to employees having each title.
21             (e)  Statistical  and  Economic  Data.   The  budget
22        shall include such statistical and economic data  as  may
23        be  necessary  to  document the underlying assumptions on
24        which the budget is based, and any other information  the
25        Governor may deem necessary.
26        (3)  Capital Development Plan. The budget shall include a
27    capital development plan containing the following information
28    on each capital project and program for which  appropriations
29    are   requested  in  the  budget  year  or  planned  for  the
30    subsequent 5 fiscal years:
31             (i)  a description of overall purpose and need;
32             (ii)  itemized   costs   of   acquisition,    lease,
33        construction, renovation, demolition, or other factors;
34             (iii)  a  description  of  the  means  and source of
 
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 1        funding;
 2             (iv)  estimated  operating  and  maintenance   costs
 3        after completion, and a description of a plan for meeting
 4        these costs;
 5             (v)  a  full and complete examination of alternative
 6        financing mechanisms;
 7             (vi)  a full and complete examination of alternative
 8        approaches to meeting the overall purpose or need;
 9             (vii)  a cost-benefit analysis  of  the  project  or
10        program   in   comparison   with   alternative  financing
11        mechanisms and alternative approaches; and
12             (viii)  a priority listing of projects and programs,
13        based on these factors.
14        The capital development  plan  shall  document  all  cash
15    requirements and identify the principal and interest costs of
16    each  project  and  program  in the first and each subsequent
17    fiscal year. The plan shall also provide a detailed review of
18    current and completed capital  projects,  identifying  public
19    improvements  that  should  be sold, demolished, or otherwise
20    eliminated.
21        (4) Pension Funding Plan. The pension funding plan  shall
22    contain  the  estimates  or  actual  values of the assets and
23    liabilities of the General Assembly Retirement System,  State
24    Employees'  Retirement System of Illinois, State Universities
25    Retirement System, Teachers' Retirement System of  the  State
26    of Illinois, and Judges Retirement System of Illinois for the
27    last  completed fiscal year, the fiscal year in progress, and
28    the budget year.  The plan shall present a full and  accurate
29    accounting   of  all  obligations  of  each  pension  system,
30    including funding requirements  under  the  Illinois  Pension
31    Code  and  the  amount  that would be required to meet normal
32    cost plus interest on the unfunded liability, and set forth a
33    plan for funding those obligations in  the  budget  year  and
34    subsequent fiscal years.
 
                            -6-                LRB9201553TAtm
 1        Section  15.  Uniform Budget Request Forms.  By January 1
 2    of each year, every department,  agency,  office,  authority,
 3    State  college  and  university,  and public and quasi-public
 4    corporation shall submit a budget  request  for  the  ensuing
 5    fiscal  year to the Director of the Bureau of the Budget, the
 6    4 legislative  leaders,  the  Comptroller,  and  the  Auditor
 7    General.   The  estimates shall be provided on Uniform Budget
 8    Request Forms prepared  and  supplied  by  the  Director  and
 9    approved by the Open Budgets Conference.
10        Beginning  January  1,  2002,  all  agencies shall submit
11    Uniform Budget Request Forms on diskette,  in  a  manner  and
12    format approved by the Open Budgets Conference.
13        Beginning  January  1,  2003,  all  agencies shall submit
14    within their Unified Budget Request the accountability report
15    required by subdivision (2)(b) of Section 10  and  a  mission
16    statement  setting  forth the priorities of the agency, based
17    on the accountability report.

18        Section 20.  Revenue Estimates.  By January  15  of  each
19    year,  the  Director  of  the  Bureau  of  the Budget and the
20    Executive  Director  of  the  Illinois  Economic  and  Fiscal
21    Commission shall submit a revenue estimate to the  4  leaders
22    of   the  General  Assembly,  the  Comptroller,  the  Auditor
23    General, and the Illinois Balanced  Budget  Commission.   The
24    revenue  estimate shall include total income of the State for
25    the ensuing fiscal year, classified according to  source  and
26    fund,  and  compared with income actually received during the
27    last completed fiscal year and the  estimated  income  to  be
28    received  during  the  fiscal  year in progress.  The revenue
29    estimate  shall  be  accompanied  by  such  statistical   and
30    economic  data as may be necessary to document the underlying
31    assumptions on which the estimate is based.

32        Section 25.  Recommended  Appropriations.   The  Governor
 
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 1    shall submit to the General Assembly, simultaneously with the
 2    budget,  the  appropriations  recommended  in the budget. The
 3    Governor's recommended appropriations shall  be  prepared  in
 4    the  form and manner, and shall have the character and scope,
 5    described  in  this  Section.   The  Governor's   recommended
 6    appropriations  shall  consist  of  2  parts, the contents of
 7    which shall be as follows:
 8             (1) The Budget Bill. The  Governor  shall  submit  a
 9        summary  appropriation  bill  to  be  known as the Budget
10        Bill.   The  Budget  Bill   shall   contain   the   total
11        recommended  appropriations for every department, agency,
12        office, authority,  State  college  and  university,  and
13        public  and  quasi-public  corporation  and for all other
14        public purposes for the fiscal year, categorized by fund.
15        The Budget  Bill  shall  also  contain  a  total  of  all
16        recommended  appropriations,  categorized  by  fund.  The
17        total of all recommended appropriations  from  each  fund
18        contained  in  the Budget Bill shall not exceed estimated
19        revenue for the fiscal  year,  as  determined  under  the
20        Illinois   Constitution   and   all  applicable  Illinois
21        statutes.
22             (2) Appropriation Bills. The Governor  shall  submit
23        one  or more appropriation bills for each Code Department
24        and  State  college  or  university  and  one   or   more
25        appropriation  bills  containing  all  other  recommended
26        appropriations.   The  appropriation  bills shall contain
27        the appropriations recommended in the budget in line item
28        detail.  The total amount of appropriations from any fund
29        for each department,  agency,  office,  authority,  State
30        college  and  university,  and  public  and  quasi-public
31        corporation  and  for all other public purposes contained
32        in one or more appropriation bills shall not  be  greater
33        than  the  amount  contained  in the Budget Bill for that
34        agency.
 
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 1        The Governor shall submit recommended appropriations  for
 2    fiscal  year 2003 and subsequent fiscal years both in printed
 3    form and on diskette, in a manner and format approved by  the
 4    Open Budgets Conference.

 5        Section  30.  Budget  Advisory  Panel. There is created a
 6    Budget Advisory Panel, consisting of  10  representatives  of
 7    private  business  and  industry  appointed  2  each  by  the
 8    Governor,  President  and  Minority Leader of the Senate, and
 9    Speaker and Minority Leader of the House of  Representatives.
10    Any individuals who were members of the Budget Advisory Panel
11    created  under Section 50-15 of the Civil Administrative Code
12    of Illinois at  the  time  of  that  Section's  repeal  shall
13    automatically  become  members  of  the Budget Advisory Panel
14    created under this Section.  The Budget Advisory Panel  shall
15    aid  the  Bureau  of  the  Budget in the establishment of the
16    criteria, goals, and objectives by State agencies for use  in
17    measuring   their   performance   in  accountability  reports
18    required by subdivision (2)(b) of  Section  10.   The  Budget
19    Advisory  Panel shall also assist the Bureau of the Budget in
20    reviewing   accountability   reports   and   assessing    the
21    effectiveness  of  each  agency's  performance  measures. The
22    Budget Advisory Panel shall  submit  to  the  Bureau  of  the
23    Budget  a  report  of  its activities and recommendations for
24    changes in accountability reports no later than  September  1
25    of each year.
26        The Director of the Bureau of the Budget shall select not
27    more  than  3 State agencies for a pilot program implementing
28    accountability reports for budget  requests  for  the  fiscal
29    year  2003.  Each  of  the  agencies  selected  shall  submit
30    accountability  reports  with  their  Unified  Budget Request
31    Forms for that fiscal year.

32        Section 35.  Open Budgets Conference.  The  Open  Budgets
 
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 1    Conference  is  created,  consisting  of  the Director of the
 2    Bureau of the Budget and the Governor,  Comptroller,  Auditor
 3    General,  President  of  the  Senate, Senate Minority Leader,
 4    Speaker of the House, and House  Minority  Leader,  or  their
 5    designees.  The  Conference  shall  meet from time to time as
 6    necessary to fulfill its duties.  By September 1,  2001,  the
 7    Conference  shall  approve  Unified  Budget Request Forms and
 8    provide an approved format for agencies to submit  the  forms
 9    on  diskette.   By  January  1,  2002,  the  Conference shall
10    approve a format  for  the  Governor  to  submit  recommended
11    appropriations on diskette.

12        Section  40.  Review  by  Auditor  General.   The Auditor
13    General  shall  review,  simultaneously  with  financial  and
14    compliance  audits,  the  accountability  reports  of   every
15    agency, and make recommendations for improving the reports.

16        (15 ILCS 20/50-5 rep.)
17        (15 ILCS 20/50-10 rep.)
18        (15 ILCS 20/50-15 rep.)
19        Section  990.  The  Civil Administrative Code of Illinois
20    is amended by repealing Sections 50-5, 50-10, and 50-15.

21        (30 ILCS 105/13.4 rep.)
22        Section  995.  The  State  Finance  Act  is  amended   by
23    repealing Section 13.4.

24        Section 999.  Effective date.  This Act takes effect upon
25    becoming law.

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