Rep. Michael J. Madigan

Filed: 2/1/2013

 

 


 

 


 
09800HB0156ham001LRB098 05523 JDS 39680 a

1
AMENDMENT TO HOUSE BILL 156

2    AMENDMENT NO. ______. Amend House Bill 156 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Budget Law of the Civil
5Administrative Code of Illinois is amended by changing Section
650-5 as follows:
 
7    (15 ILCS 20/50-5)
8    Sec. 50-5. Governor to submit State budget.
9    (a) The Governor shall, as soon as possible and not later
10than the second Wednesday in March in 2010 (March 10, 2010),
11the third Wednesday in February in 2011, the fourth Wednesday
12in February in 2012 (February 22, 2012), the first Wednesday in
13March in 2013 (March 6, 2013), and the third Wednesday in
14February of each year thereafter, except as otherwise provided
15in this Section, submit a State budget, embracing therein the
16amounts recommended by the Governor to be appropriated to the

 

 

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1respective departments, offices, and institutions, and for all
2other public purposes, the estimated revenues from taxation,
3and the estimated revenues from sources other than taxation.
4Except with respect to the capital development provisions of
5the State budget, beginning with the revenue estimates prepared
6for fiscal year 2012, revenue estimates shall be based solely
7on: (i) revenue sources (including non-income resources),
8rates, and levels that exist as of the date of the submission
9of the State budget for the fiscal year and (ii) revenue
10sources (including non-income resources), rates, and levels
11that have been passed by the General Assembly as of the date of
12the submission of the State budget for the fiscal year and that
13are authorized to take effect in that fiscal year. Except with
14respect to the capital development provisions of the State
15budget, the Governor shall determine available revenue, deduct
16the cost of essential government services, including, but not
17limited to, pension payments and debt service, and assign a
18percentage of the remaining revenue to each statewide
19prioritized goal, as established in Section 50-25 of this Law,
20taking into consideration the proposed goals set forth in the
21report of the Commission established under that Section. The
22Governor shall also demonstrate how spending priorities for the
23fiscal year fulfill those statewide goals. The amounts
24recommended by the Governor for appropriation to the respective
25departments, offices and institutions shall be formulated
26according to each department's, office's, and institution's

 

 

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1ability to effectively deliver services that meet the
2established statewide goals. The amounts relating to
3particular functions and activities shall be further
4formulated in accordance with the object classification
5specified in Section 13 of the State Finance Act. In addition,
6the amounts recommended by the Governor for appropriation shall
7take into account each State agency's effectiveness in
8achieving its prioritized goals for the previous fiscal year,
9as set forth in Section 50-25 of this Law, giving priority to
10agencies and programs that have demonstrated a focus on the
11prevention of waste and the maximum yield from resources.
12    Beginning in fiscal year 2011, the Governor shall
13distribute written quarterly financial reports on operating
14funds, which may include general, State, or federal funds and
15may include funds related to agencies that have significant
16impacts on State operations, and budget statements on all
17appropriated funds to the General Assembly and the State
18Comptroller. The reports shall be submitted no later than 45
19days after the last day of each quarter of the fiscal year and
20shall be posted on the Governor's Office of Management and
21Budget's website on the same day. The reports shall be prepared
22and presented for each State agency and on a statewide level in
23an executive summary format that may include, for the fiscal
24year to date, individual itemizations for each significant
25revenue type as well as itemizations of expenditures and
26obligations, by agency, with an appropriate level of detail.

 

 

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1The reports shall include a calculation of the actual total
2budget surplus or deficit for the fiscal year to date. The
3Governor shall also present periodic budget addresses
4throughout the fiscal year at the invitation of the General
5Assembly.
6    The Governor shall not propose expenditures and the General
7Assembly shall not enact appropriations that exceed the
8resources estimated to be available, as provided in this
9Section. Appropriations may be adjusted during the fiscal year
10by means of one or more supplemental appropriation bills if any
11State agency either fails to meet or exceeds the goals set
12forth in Section 50-25 of this Law.
13    For the purposes of Article VIII, Section 2 of the 1970
14Illinois Constitution, the State budget for the following funds
15shall be prepared on the basis of revenue and expenditure
16measurement concepts that are in concert with generally
17accepted accounting principles for governments:
18        (1) General Revenue Fund.
19        (2) Common School Fund.
20        (3) Educational Assistance Fund.
21        (4) Road Fund.
22        (5) Motor Fuel Tax Fund.
23        (6) Agricultural Premium Fund.
24    These funds shall be known as the "budgeted funds". The
25revenue estimates used in the State budget for the budgeted
26funds shall include the estimated beginning fund balance, plus

 

 

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1revenues estimated to be received during the budgeted year,
2plus the estimated receipts due the State as of June 30 of the
3budgeted year that are expected to be collected during the
4lapse period following the budgeted year, minus the receipts
5collected during the first 2 months of the budgeted year that
6became due to the State in the year before the budgeted year.
7Revenues shall also include estimated federal reimbursements
8associated with the recognition of Section 25 of the State
9Finance Act liabilities. For any budgeted fund for which
10current year revenues are anticipated to exceed expenditures,
11the surplus shall be considered to be a resource available for
12expenditure in the budgeted fiscal year.
13    Expenditure estimates for the budgeted funds included in
14the State budget shall include the costs to be incurred by the
15State for the budgeted year, to be paid in the next fiscal
16year, excluding costs paid in the budgeted year which were
17carried over from the prior year, where the payment is
18authorized by Section 25 of the State Finance Act. For any
19budgeted fund for which expenditures are expected to exceed
20revenues in the current fiscal year, the deficit shall be
21considered as a use of funds in the budgeted fiscal year.
22    Revenues and expenditures shall also include transfers
23between funds that are based on revenues received or costs
24incurred during the budget year.
25    Appropriations for expenditures shall also include all
26anticipated statutory continuing appropriation obligations

 

 

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1that are expected to be incurred during the budgeted fiscal
2year.
3    By March 15 of each year, the Commission on Government
4Forecasting and Accountability shall prepare revenue and fund
5transfer estimates in accordance with the requirements of this
6Section and report those estimates to the General Assembly and
7the Governor.
8    For all funds other than the budgeted funds, the proposed
9expenditures shall not exceed funds estimated to be available
10for the fiscal year as shown in the budget. Appropriation for a
11fiscal year shall not exceed funds estimated by the General
12Assembly to be available during that year.
13    (b) By February 24, 2010, the Governor must file a written
14report with the Secretary of the Senate and the Clerk of the
15House of Representatives containing the following:
16        (1) for fiscal year 2010, the revenues for all budgeted
17    funds, both actual to date and estimated for the full
18    fiscal year;
19        (2) for fiscal year 2010, the expenditures for all
20    budgeted funds, both actual to date and estimated for the
21    full fiscal year;
22        (3) for fiscal year 2011, the estimated revenues for
23    all budgeted funds, including without limitation the
24    affordable General Revenue Fund appropriations, for the
25    full fiscal year; and
26        (4) for fiscal year 2011, an estimate of the

 

 

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1    anticipated liabilities for all budgeted funds, including
2    without limitation the affordable General Revenue Fund
3    appropriations, debt service on bonds issued, and the
4    State's contributions to the pension systems, for the full
5    fiscal year.
6    Between July 1 and August 31 of each fiscal year, the
7members of the General Assembly and members of the public may
8make written budget recommendations to the Governor.
9    Beginning with budgets prepared for fiscal year 2013, the
10budgets submitted by the Governor and appropriations made by
11the General Assembly for all executive branch State agencies
12must adhere to a method of budgeting where each priority must
13be justified each year according to merit rather than according
14to the amount appropriated for the preceding year.
15(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
16eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
1796-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff.
181-13-12; 97-813, eff. 7-13-12.)
 
19    Section 10. The State Finance Act is amended by adding
20Sections 5.829 and 6z-98 as follows:
 
21    (30 ILCS 105/5.829 new)
22    Sec. 5.829. The Capital Disposition Proceeds Fund.
 
23    (30 ILCS 105/6z-98 new)

 

 

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1    Sec. 6z-98. Capital Disposition Proceeds Fund. The Capital
2Disposition Proceeds Fund is created as a special fund in the
3State Treasury. The State Comptroller and the State Treasurer
4shall transfer all proceeds received by the State from the sale
5of the Thomson Correctional Center into the Fund as soon as
6practical after the effective date of this amendatory Act of
7the 98th General Assembly. Money in the Fund shall be used only
8for capital projects, subject to appropriation by the General
9Assembly. All interest earned on moneys in the Fund shall be
10deposited into the Fund.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".