Illinois General Assembly - Full Text of Public Act 096-0320
Illinois General Assembly

Previous General Assemblies

Public Act 096-0320




Public Act 096-0320
HB4098 Enrolled LRB096 10660 RCE 20833 b

    AN ACT concerning State budgets.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The State Budget Law of the Civil Administrative
Code of Illinois is amended by changing Section 50-5 as
    (15 ILCS 20/50-5)  (was 15 ILCS 20/38)
    Sec. 50-5. Governor to submit State budget. The Governor
shall, as soon as possible and not later than the first
Wednesday in March in 2007 (March 7, 2007) and the third
Wednesday in February of each year beginning in 2008, except as
otherwise provided in this Section, submit a State budget,
embracing therein the amounts recommended by the Governor to be
appropriated to the respective departments, offices, and
institutions, and for all other public purposes, the estimated
revenues from taxation, the estimated revenues from sources
other than taxation, and an estimate of the amount required to
be raised by taxation. In 2004 only, the Governor shall submit
the capital development section of the State budget not later
than the fourth Tuesday of March (March 23, 2004). The amounts
recommended by the Governor for appropriation to the respective
departments, offices and institutions shall be formulated
according to the various functions and activities for which the
respective department, office or institution of the State
government (including the elective officers in the executive
department and including the University of Illinois and the
judicial department) is responsible. The amounts relating to
particular functions and activities shall be further
formulated in accordance with the object classification
specified in Section 13 of the State Finance Act.
    The Governor shall not propose expenditures and the General
Assembly shall not enact appropriations that exceed the
resources estimated to be available, as provided in this
    For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following funds
shall be prepared on the basis of revenue and expenditure
measurement concepts that are in concert with generally
accepted accounting principles for governments:
        (1) General Revenue Fund.
        (2) Common School Fund.
        (3) Educational Assistance Fund.
        (4) Road Fund.
        (5) Motor Fuel Tax Fund.
        (6) Agricultural Premium Fund.
    These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance, plus
revenues estimated to be received during the budgeted year,
plus the estimated receipts due the State as of June 30 of the
budgeted year that are expected to be collected during the
lapse period following the budgeted year, minus the receipts
collected during the first 2 months of the budgeted year that
became due to the State in the year before the budgeted year.
Revenues shall also include estimated federal reimbursements
associated with the recognition of Section 25 of the State
Finance Act liabilities. For any budgeted fund for which
current year revenues are anticipated to exceed expenditures,
the surplus shall be considered to be a resource available for
expenditure in the budgeted fiscal year.
    Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by the
State for the budgeted year, to be paid in the next fiscal
year, excluding costs paid in the budgeted year which were
carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
    Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
    Appropriations for expenditures shall also include all
anticipated statutory continuing appropriation obligations
that are expected to be incurred during the budgeted fiscal
    By March 15 of each year, the Commission on Government
Forecasting and Accountability shall prepare revenue and fund
transfer estimates in accordance with the requirements of this
Section and report those estimates to the General Assembly and
the Governor.
    For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation for a
fiscal year shall not exceed funds estimated by the General
Assembly to be available during that year.
(Source: P.A. 93-1, eff. 2-6-03; 93-662, eff. 2-11-04; 93-1067,
eff. 1-15-05; 94-1108, eff. 2-16-07.)

Effective Date: 1/1/2010