State of Illinois
91st General Assembly
Legislation

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91_HB0079

 
                                               LRB9100512JMpk

 1        AN  ACT  in relation to the contents of the State budget,
 2    amending named Acts.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  1.  Short  title.   This Act may be cited as the
 6    Illinois Open Budgets Act.

 7        Section 5.  State Budget.   On  the  first  Wednesday  in
 8    March of each year, the Governor shall present to the General
 9    Assembly  a  document  to  be known as the State budget.  The
10    budget shall set  forth  for  the  ensuing  fiscal  year  the
11    estimated balance of funds available for appropriation at the
12    beginning  of the fiscal year, the estimated revenue from all
13    sources during the fiscal year, and a complete financial plan
14    for  every  department,  agency,  office,  authority,   State
15    college   and   university,   and   public  and  quasi-public
16    corporation and for all other public purposes for the  fiscal
17    year.   The  budget shall not contain any recommendation that
18    moneys be appropriated from  any  portion  of  the  estimated
19    available  balance  in  the general funds of the State at the
20    beginning of the fiscal year that is less than the amount  of
21    estimated spending under Section 25 of the State Finance Act.
22    The  budget may not contain any recommendation that moneys be
23    appropriated so as to exceed estimated revenue for the fiscal
24    year, as determined under the Illinois Constitution  and  all
25    applicable Illinois statutes.

26        Section 10.  Contents of the Budget.  The budget shall be
27    prepared in the form and manner, and shall have the character
28    and  scope,  described  in  this  Section.   The budget shall
29    consist of 4  parts,  the  contents  of  which  shall  be  as
30    follows:
 
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 1        (1)  Budget Overview. The budget overview shall provide a
 2    summary of the budget, as it contains the  Governor's  fiscal
 3    priorities  for the State.  The overview shall contain a full
 4    and accurate description of  any  new  programs,  changes  in
 5    existing  programs,  new taxes or revenue sources, changes in
 6    existing taxes and revenue  sources,  and  other  significant
 7    changes  in  the  fiscal  policy  of the State.  The overview
 8    shall  contain  tables  reconciling  aggregate  estimates  of
 9    proposed  revenues  and  expenditures.   The  overview  shall
10    include a plan for meeting any deficit, whether by imposition
11    of new taxes, increased rates on existing  taxes,  imposition
12    of  user  fees, or other means.  The overview shall include a
13    statement that the budget complies with the  requirements  of
14    the   Illinois   Constitution  and  all  applicable  Illinois
15    statutes.
16        (2) Budget  Detail.   Budget  detail  shall  include  the
17    following:
18             (a)  Expenditure Plan.  The budget shall contain the
19        Governor's  plan for meeting all the expenditure needs of
20        the State for the  fiscal  year.   The  expenditure  plan
21        shall  contain  the Governor's recommended appropriations
22        to every department,  agency,  office,  authority,  State
23        college  and  university,  and  public  and  quasi-public
24        corporation  and  for  all  other public purposes for the
25        fiscal year.   The  plan  shall  include  summary  tables
26        showing  recommended  appropriations  by  fund  and major
27        object classification as described in Section 13  of  the
28        State  Finance  Act.   The  plan  shall  include detailed
29        tables showing recommended  appropriations  by  fund  and
30        line  item.   The  plan  shall  compare  the  recommended
31        appropriation   for   every   line   item   with   actual
32        expenditures  for  the  last  completed  fiscal  year and
33        estimated expenditures for the fiscal year in progress.
34             (b)  Accountability  Reports.   The   budget   shall
 
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 1        include  an  accountability  report for every department,
 2        agency, office, authority, State college and  university,
 3        and  public  and  quasi-public corporation to which State
 4        funds are appropriated  for  the  last  completed  fiscal
 5        year.   The  accountability  reports shall be prepared in
 6        the form and manner prescribed by  the  Director  of  the
 7        Bureau  of  the  Budget,  and  shall  be submitted to the
 8        Bureau at times designated by the Director.  The  reports
 9        shall  measure  each  department's  performance  based on
10        criteria,  goals,  and  objectives  established  by   the
11        department  with  the  oversight  and  assistance  of the
12        Bureau   of   the   Budget,   and   shall   include   any
13        recommendations made by the Budget Advisory Panel or  the
14        Auditor  General.   The  primary objective of the reports
15        shall be to provide a full and complete accounting of the
16        cost  of  delivering  services   through   the   programs
17        administered by each department, including all activities
18        that contribute to that cost.
19             (c)  Financial  Statement.  The budget shall include
20        a  financial  statement  that  describes  in  detail  the
21        financial  position  of  the  State,  and  the  estimated
22        revenue  of  the  State  during  the  budget  year.   The
23        statement shall include:
24                  (i)  An analysis of estimated revenue  for  the
25             budget  year,  classified  according  to sources and
26             funds,  and  compared  to  actual  revenue  received
27             during the last completed fiscal year and  estimated
28             revenue for the fiscal year in progress.
29                  (ii)  An analysis of every appropriated fund in
30             the  State treasury, including the budgetary balance
31             for the most recently  completed  fiscal  year,  the
32             estimated  budgetary  balance for the fiscal year in
33             progress, and the projected  budgetary  balance  for
34             the budget year if the Governor's budget is adopted.
 
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 1                  (iii)  A   full   and  accurate  accounting  of
 2             deferred  obligations  for  all  programs  having  a
 3             definable base of claims or cases and all  estimated
 4             expenditures  under  Section 25 of the State Finance
 5             Act for the fiscal year last completed,  the  fiscal
 6             year in progress, and the budget year.
 7                  (iv)  An  analysis  of  the indebtedness of the
 8             State, including  all  direct  and  indirect  bonded
 9             indebtedness  and  any lease or installment purchase
10             agreements over $250,000 with a term greater than  5
11             years.
12                  (v)  A  statement of federal funds estimated to
13             be received during the budget year, and an  analysis
14             of  the  programs  for which the funds shall be used
15             and  the  amount  of  State  revenue   required   to
16             implement the programs.
17             (d)  Position  and  Employment  Titles.   The budget
18        shall include a table of position and  employment  titles
19        in  each  agency,  including:   the  number  of employees
20        having each title, the salary range for each  title,  and
21        the total salaries paid to employees having each title.
22             (e)  Statistical  and  Economic  Data.   The  budget
23        shall  include  such statistical and economic data as may
24        be necessary to document the  underlying  assumptions  on
25        which  the budget is based, and any other information the
26        Governor may deem necessary.
27        (3) Capital Development Plan. The budget shall include  a
28    capital development plan containing the following information
29    on  each capital project and program for which appropriations
30    are  requested  in  the  budget  year  or  planned  for   the
31    subsequent 5 fiscal years:
32             (i)  a description of overall purpose and need;
33             (ii)  itemized    costs   of   acquisition,   lease,
34        construction, renovation, demolition, or other factors;
 
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 1             (iii)  a description of  the  means  and  source  of
 2        funding;
 3             (iv)  estimated   operating  and  maintenance  costs
 4        after completion, and a description of a plan for meeting
 5        these costs;
 6             (v)  a full and complete examination of  alternative
 7        financing mechanisms;
 8             (vi)  a full and complete examination of alternative
 9        approaches to meeting the overall purpose or need;
10             (vii)  a  cost-benefit  analysis  of  the project or
11        program  in   comparison   with   alternative   financing
12        mechanisms and alternative approaches; and
13             (viii)  a priority listing of projects and programs,
14        based on these factors.
15        The  capital  development  plan  shall  document all cash
16    requirements and identify the principal and interest costs of
17    each project and program in the  first  and  each  subsequent
18    fiscal year. The plan shall also provide a detailed review of
19    current  and  completed  capital projects, identifying public
20    improvements that should be sold,  demolished,  or  otherwise
21    eliminated.
22        (4)  Pension Funding Plan. The pension funding plan shall
23    contain the estimates or actual  values  of  the  assets  and
24    liabilities  of the General Assembly Retirement System, State
25    Employees' Retirement System of Illinois, State  Universities
26    Retirement  System,  Teachers' Retirement System of the State
27    of Illinois, and Judges Retirement System of Illinois for the
28    last completed fiscal year, the fiscal year in progress,  and
29    the  budget year.  The plan shall present a full and accurate
30    accounting  of  all  obligations  of  each  pension   system,
31    including  funding  requirements  under  the Illinois Pension
32    Code and the amount that would be  required  to  meet  normal
33    cost plus interest on the unfunded liability, and set forth a
34    plan  for  funding  those  obligations in the budget year and
 
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 1    subsequent fiscal years.

 2        Section 15.  Uniform Budget Request Forms.  By January  1
 3    of  each  year,  every department, agency, office, authority,
 4    State college and university,  and  public  and  quasi-public
 5    corporation  shall  submit  a  budget request for the ensuing
 6    fiscal year to the Director of the Bureau of the Budget,  the
 7    4  legislative  leaders,  the  Comptroller,  and  the Auditor
 8    General.  The estimates shall be provided on  Uniform  Budget
 9    Request  Forms  prepared  and  supplied  by  the Director and
10    approved by the Open Budgets Conference.
11        Beginning January 1,  2000,  all  agencies  shall  submit
12    Uniform  Budget  Request  Forms  on diskette, in a manner and
13    format approved by the Open Budgets Conference.
14        Beginning January 1,  2001,  all  agencies  shall  submit
15    within their Unified Budget Request the accountability report
16    required  by  subdivision  (2)(b) of Section 10 and a mission
17    statement setting forth the priorities of the  agency,  based
18    on the accountability report.

19        Section  20.  Revenue  Estimates.   By January 15 of each
20    year, the Director of  the  Bureau  of  the  Budget  and  the
21    Executive  Director  of  the  Illinois  Economic  and  Fiscal
22    Commission  shall  submit a revenue estimate to the 4 leaders
23    of  the  General  Assembly,  the  Comptroller,  the   Auditor
24    General,  and  the  Illinois Balanced Budget Commission.  The
25    revenue estimate shall include total income of the State  for
26    the  ensuing  fiscal year, classified according to source and
27    fund, and compared with income actually received  during  the
28    last  completed  fiscal  year  and the estimated income to be
29    received during the fiscal year  in  progress.   The  revenue
30    estimate   shall  be  accompanied  by  such  statistical  and
31    economic data as may be necessary to document the  underlying
32    assumptions on which the estimate is based.
 
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 1        Section  25.  Recommended  Appropriations.   The Governor
 2    shall submit to the General Assembly, simultaneously with the
 3    budget, the appropriations recommended  in  the  budget.  The
 4    Governor's  recommended  appropriations  shall be prepared in
 5    the form and manner, and shall have the character and  scope,
 6    described   in  this  Section.   The  Governor's  recommended
 7    appropriations shall consist of  2  parts,  the  contents  of
 8    which shall be as follows:
 9             (1)  The  Budget  Bill.  The Governor shall submit a
10        summary appropriation bill to  be  known  as  the  Budget
11        Bill.    The   Budget   Bill   shall  contain  the  total
12        recommended appropriations for every department,  agency,
13        office,  authority,  State  college  and  university, and
14        public and quasi-public corporation  and  for  all  other
15        public purposes for the fiscal year, categorized by fund.
16        The  Budget  Bill  shall  also  contain  a  total  of all
17        recommended appropriations,  categorized  by  fund.   The
18        total  of  all  recommended appropriations from each fund
19        contained in the Budget Bill shall not  exceed  estimated
20        revenue  for  the  fiscal  year,  as determined under the
21        Illinois  Constitution  and   all   applicable   Illinois
22        statutes.
23             (2)  Appropriation  Bills. The Governor shall submit
24        one or more appropriation bills for each Code  Department
25        and   State   college  or  university  and  one  or  more
26        appropriation  bills  containing  all  other  recommended
27        appropriations.  The appropriation  bills  shall  contain
28        the appropriations recommended in the budget in line item
29        detail.  The total amount of appropriations from any fund
30        for  each  department,  agency,  office, authority, State
31        college  and  university,  and  public  and  quasi-public
32        corporation and for all other public  purposes  contained
33        in  one  or more appropriation bills shall not be greater
34        than the amount contained in the  Budget  Bill  for  that
 
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 1        agency.
 2        The  Governor shall submit recommended appropriations for
 3    fiscal year 2001 and subsequent fiscal years both in  printed
 4    form  and on diskette, in a manner and format approved by the
 5    Open Budgets Conference.

 6        Section 30.  Budget Advisory Panel. There  is  created  a
 7    Budget  Advisory  Panel,  consisting of 10 representatives of
 8    private  business  and  industry  appointed  2  each  by  the
 9    Governor, President and Minority Leader of  the  Senate,  and
10    Speaker  and Minority Leader of the House of Representatives.
11    Any individuals who were members of the Budget Advisory Panel
12    created under Section 38.2 of the Civil  Administrative  Code
13    of  Illinois  at  the  time  of  that  Section's repeal shall
14    automatically become members of  the  Budget  Advisory  Panel
15    created  under this Section.  The Budget Advisory Panel shall
16    aid the Bureau of the Budget  in  the  establishment  of  the
17    criteria,  goals, and objectives by State agencies for use in
18    measuring  their  performance   in   accountability   reports
19    required  by  subdivision  (2)(b)  of Section 10.  The Budget
20    Advisory Panel shall also assist the Bureau of the Budget  in
21    reviewing    accountability   reports   and   assessing   the
22    effectiveness of  each  agency's  performance  measures.  The
23    Budget  Advisory  Panel  shall  submit  to  the Bureau of the
24    Budget a report of its  activities  and  recommendations  for
25    changes  in  accountability reports no later than September 1
26    of each year.
27        The Director of the Bureau of the Budget shall select not
28    more than 3 State agencies for a pilot  program  implementing
29    accountability  reports  for  budget  requests for the fiscal
30    year  2001.  Each  of  the  agencies  selected  shall  submit
31    accountability reports  with  their  Unified  Budget  Request
32    Forms for that fiscal year.
 
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 1        Section  35.  Open  Budgets Conference.  The Open Budgets
 2    Conference is created, consisting  of  the  Director  of  the
 3    Bureau  of  the Budget and the Governor, Comptroller, Auditor
 4    General, President of the  Senate,  Senate  Minority  Leader,
 5    Speaker  of  the  House,  and House Minority Leader, or their
 6    designees. The Conference shall meet from  time  to  time  as
 7    necessary  to  fulfill its duties.  By September 1, 1999, the
 8    Conference shall approve Unified  Budget  Request  Forms  and
 9    provide  an  approved format for agencies to submit the forms
10    on diskette.   By  January  1,  2000,  the  Conference  shall
11    approve  a  format  for  the  Governor  to submit recommended
12    appropriations on diskette.

13        Section 40.  Review  by  Auditor  General.   The  Auditor
14    General  shall  review,  simultaneously  with  financial  and
15    compliance   audits,  the  accountability  reports  of  every
16    agency, and make recommendations for improving the reports.

17        (15 ILCS 20/38 rep.)
18        (15 ILCS 20/38.1 rep.)
19        (15 ILCS 20/38.2 rep.)
20        Section 990.  The Civil Administrative Code  of  Illinois
21    is amended by repealing Sections 38, 38.1, and 38.2.

22        (30 ILCS 105/13.4 rep.)
23        Section   995.  The  State  Finance  Act  is  amended  by
24    repealing Section 13.4.

25        Section 999.  Effective date.  This Act takes effect upon
26    becoming law.

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