Illinois General Assembly - Full Text of Public Act 096-0881
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Public Act 096-0881




Public Act 096-0881
HB2240 Enrolled LRB096 11004 RCE 21289 b

    AN ACT in relation to budget implementation.
    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)
    Sec. 50-5. Governor to submit State budget.
    (a) The Governor shall, as soon as possible and not later
than the second third Wednesday in March in 2010 2009 (March
10, 2010 18, 2009) and the third Wednesday in February of each
year beginning in 2011 2010, 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. 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
    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.
    (b) This subsection applies only to the process for the
proposed fiscal year 2011 budget.
    By February 24, 2010, the Governor must file a written
report with the Secretary of the Senate and the Clerk of the
House of Representatives containing the following:
        (1) for fiscal year 2010, the revenues for all budgeted
    funds, both actual to date and estimated for the full
    fiscal year;
        (2) for fiscal year 2010, the expenditures for all
    budgeted funds, both actual to date and estimated for the
    full fiscal year;
        (3) for fiscal year 2011, the estimated revenues for
    all budgeted funds, including without limitation the
    affordable General Revenue Fund appropriations, for the
    full fiscal year; and
        (4) for fiscal year 2011, an estimate of the
    anticipated liabilities for all budgeted funds, including
    without limitation the affordable General Revenue Fund
    appropriations, debt service on bonds issued, and the
    State's contributions to the pension systems, for the full
    fiscal year.
    Between February 24, 2010 and March 10, 2010, the members
of the General Assembly and members of the public may make
written budget recommendations to the Governor, and the
Governor shall promptly make those recommendations available
to the public through the Governor's Internet website.
(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; revised
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 02/11/2010