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Public Act 098-0626 Public Act 0626 98TH GENERAL ASSEMBLY |
Public Act 098-0626 | SB1227 Enrolled | LRB098 07937 HLH 38025 b |
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| AN ACT concerning revenue.
| 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 | follows: | (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), the fourth Wednesday in March in | 2014 (March 26, 2014), 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), | 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 | 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 | 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
| 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 | 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
| 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) 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 | 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. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12; 98-2, | eff. 2-19-13.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 2/5/2014
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