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| Public Act 098-0002
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| HB0156 Enrolled | LRB098 05523 JDS 35558 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Budget Law of the Civil Administrative |
Code of Illinois is amended by changing Section 50-5 as |
follows:
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(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
Wednesday in March in 2010 (March 10, 2010), |
the third
Wednesday in February in 2011, the fourth Wednesday |
in February in 2012 (February 22, 2012), the first Wednesday in |
March in 2013 (March 6, 2013), and the third Wednesday in |
February of each year thereafter, 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, |
and the
estimated revenues from sources other than taxation. |
Except with respect to the capital development provisions of |
the State budget, beginning with the revenue estimates prepared |
for fiscal year 2012, revenue estimates shall be based solely |
on: (i) revenue sources (including non-income resources), |
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rates, and levels that exist as of the date of the submission |
of the State budget for the fiscal year and (ii) revenue |
sources (including non-income resources), rates, and levels |
that have been passed by the General Assembly as of the date of |
the submission of the State budget for the fiscal year and that |
are authorized to take effect in that fiscal year. Except with |
respect to the capital development provisions of the State |
budget, the Governor shall determine available revenue, deduct |
the cost of essential government services, including, but not |
limited to, pension payments and debt service, and assign a |
percentage of the remaining revenue to each statewide |
prioritized goal, as established in Section 50-25 of this Law, |
taking into consideration the proposed goals set forth in the |
report of the Commission established under that Section. The |
Governor shall also demonstrate how spending priorities for the |
fiscal year fulfill those statewide goals. The amounts |
recommended by the
Governor for appropriation to the respective |
departments, offices and
institutions shall be formulated |
according to each department's, office's, and institution's |
ability to effectively deliver services that meet the |
established statewide goals. 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. In addition, |
the amounts recommended by the Governor for appropriation shall |
take into account each State agency's effectiveness in |
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achieving its prioritized goals for the previous fiscal year, |
as set forth in Section 50-25 of this Law, giving priority to |
agencies and programs that have demonstrated a focus on the |
prevention of waste and the maximum yield from resources. |
Beginning in fiscal year 2011, the Governor shall |
distribute written quarterly financial reports on operating |
funds, which may include general, State, or federal funds and |
may include funds related to agencies that have significant |
impacts on State operations, and budget statements on all |
appropriated funds to the General Assembly and the State |
Comptroller. The reports shall be submitted no later than 45 |
days after the last day of each quarter of the fiscal year and |
shall be posted on the Governor's Office of Management and |
Budget's website on the same day. The reports shall be prepared |
and presented for each State agency and on a statewide level in |
an executive summary format that may include, for the fiscal |
year to date, individual itemizations for each significant |
revenue type as well as itemizations of expenditures and |
obligations, by agency, with an appropriate level of detail. |
The reports shall include a calculation of the actual total |
budget surplus or deficit for the fiscal year to date. The |
Governor shall also present periodic budget addresses |
throughout the fiscal year at the invitation of the General |
Assembly. |
The Governor shall not propose expenditures and the General |
Assembly shall
not enact appropriations that exceed the |
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resources estimated to be available,
as provided in this |
Section. Appropriations may be adjusted during the fiscal year |
by means of one or more supplemental appropriation bills if any |
State agency either fails to meet or exceeds the goals set |
forth in Section 50-25 of this Law. |
For the purposes of Article VIII, Section 2 of the 1970
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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
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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 |
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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 |
year. |
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
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Section and report those estimates to the General Assembly and |
the Governor. |
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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) 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 July 1 and August 31 of each fiscal year, the |
members of the General Assembly and members of the public may |
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make written budget recommendations to the Governor. |
Beginning with budgets prepared for fiscal year 2013, the |
budgets submitted by the Governor and appropriations made by |
the General Assembly for all executive branch State agencies |
must adhere to a method of budgeting where each priority must |
be justified each year according to merit rather than according |
to the amount appropriated for the preceding year. |
(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881, |
eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10; |
96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff. |
1-13-12; 97-813, eff. 7-13-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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