Public Act 90-0479 of the 90th General Assembly
Public Act 90-0479
SB76 Enrolled LRB9001486WHks
AN ACT to amend the Civil Administrative Code of Illinois
by changing Section 38.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Civil Administrative Code of Illinois is
amended by changing Section 38 as follows:
(15 ILCS 20/38) (from Ch. 127, par. 38)
Sec. 38. The Governor shall, as soon as possible and not
later than April 7, 1992, and the first Wednesday in March of
each year through 1997, and on the third Wednesday in
February of each year beginning in 1998, submit a State
budget, embracing therein the amounts recommended by him 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 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
Section.
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.
By March 15 of each year, the Economic and Fiscal
Commission 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. 89-699, eff. 1-16-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.