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Public Act 096-1529


 

Public Act 1529 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1529
 
HB5424 EnrolledLRB096 19267 RPM 34658 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Public Labor Relations Act is
amended by adding Section 21.5 as follows:
 
    (5 ILCS 315/21.5 new)
    Sec. 21.5. Termination of certain agreements after
constitutional officers take office.
    (a) No collective bargaining agreement entered into, on or
after the effective date of this amendatory Act of the 96th
General Assembly between an executive branch constitutional
officer or any agency or department of an executive branch
constitutional officer and a labor organization may extend
beyond June 30th of the year in which the terms of office of
executive branch constitutional officers begin.
    (b) No collective bargaining agreement entered into, on or
after the effective date of this amendatory Act of the 96th
General Assembly between an executive branch constitutional
officer or any agency or department of an executive branch
constitutional officer and a labor organization may provide for
an increase in salary, wages, or benefits starting on or after
the first day of the terms of office of executive branch
constitutional officers and ending June 30th of that same year.
    (c) Any collective bargaining agreement in violation of
this Section is terminated and rendered null and void by
operation of law.
    (d) For purposes of this Section, "executive branch
constitutional officer" has the same meaning as that term is
defined in the State Officials and Employees Ethics Act.
 
    Section 10. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Sections
50-5 and 50-25 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) and
the third Wednesday in February of each year beginning in 2011,
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, and an estimate of
the amount required to be raised by 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 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. 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, budget statements to the General
Assembly and the State Comptroller. The reports statements
shall be submitted no later than 45 days after the last day on
Wednesday of the last week of the last month of each quarter of
the fiscal year and, as is currently the practice on the
effective date of this amendatory Act of the 96th General
Assembly, shall be posted on the Governor's Office of
Management and Budget's Comptroller's website on the same day.
The reports statements shall be prepared and presented in an
executive summary format that may include includes, for the
fiscal year to date, individual itemizations for each
significant revenue type source as well as individual
itemizations of expenditures and obligations, by agency the
classified line items set forth in Section 13 of the State
Finance Act and for other purposes, with an appropriate level
of detail. The reports statement 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) This subsection applies only to the process for the
proposed fiscal year 2011 budget.
    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 February
24, 2010 and March 10, 2010, the members of the General
Assembly and members of the public may make written budget
recommendations to the Governor, and the Governor shall
promptly make those recommendations available to the public
through the Governor's Internet website.
    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.)
 
    (15 ILCS 20/50-25)
    Sec. 50-25. Statewide prioritized goals. For fiscal year
2012 and each fiscal year thereafter, prior to the submission
of the State budget, the Governor, in consultation with the
appropriation committees of the General Assembly and,
beginning with budgets prepared for fiscal year 2013, the
commission established under this Section, shall: (i)
prioritize outcomes that are most important for each State
agency of the executive branch under the jurisdiction of the
Governor to achieve for the next fiscal year and (ii) set goals
to accomplish those outcomes according to the priority of the
outcome. There must be a reasonable number of annually defined
statewide goals defining State priorities for the budget. Each
goal shall be further defined to facilitate success in
achieving that goal. No later than July 31 of each fiscal year
beginning in fiscal year 2012, the Governor shall establish a
commission for the purpose of advising the Governor in setting
those outcomes and goals, including the timeline for achieving
those outcomes and goals. The commission shall be a
well-balanced group and shall be a manageable size. The
commission shall hold at least 2 public meetings during each
fiscal year. One meeting shall be held in the City of Chicago
and one meeting shall be held in the City of Springfield. By
November 1 of each year, the commission shall submit a report
to the Governor and the General Assembly setting forth
recommendations with respect to the Governor's proposed
outcomes and goals. The report shall be published on the
Governor's Office of Management and Budget's website. In its
report, the commission shall propose a percentage of the total
budget to be assigned to each proposed outcome and goal. The
commission shall also review existing mandated expenditures
and include in its report recommendations for the termination
of mandated expenditures. The General Assembly may object to
the commission's report by passing a joint resolution detailing
the General Assembly's objections.
    In addition, each other constitutional officer of the
executive branch, in consultation with the appropriation
committees of the General Assembly, shall: (i) prioritize
outcomes that are most important for his or her office to
achieve for the next fiscal year and (ii) set goals to
accomplish those outcomes according to the priority of the
outcome. The Governor and each constitutional officer shall
separately conduct performance analyses to determine which
programs, strategies, and activities will best achieve those
desired outcomes. The Governor shall recommend that
appropriations be made to State agencies and officers for the
next fiscal year based on the agreed upon goals and priorities.
Each agency and officer may develop its own strategies for
meeting those goals and shall review and analyze those
strategies on a regular basis. The Governor shall also
implement procedures to measure annual progress toward the
State's highest priority outcomes and shall develop a statewide
reporting system that compares the actual results with budgeted
results. Those performance measures and results shall be posted
on the State Comptroller's website, and compiled for
distribution in the Comptroller's Public Accountability
Report, as is currently the practice on the effective date of
this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-958, eff. 7-1-10.)
 
    Section 15. The Illinois Grant Funds Recovery Act is
amended by adding Section 4.2 as follows:
 
    (30 ILCS 705/4.2 new)
    Sec. 4.2. Suspension of grant making authority. Any grant
funds and any grant program administered by a grantor agency
subject to this Act are indefinitely suspended on July 1, 2012,
and on July 1st of every 5th year thereafter, unless the
General Assembly, by law, authorizes that grantor agency to
make grants or lifts the suspension of the authorization of
that grantor agency to make grants. In the case of a suspension
of the authorization of a grantor agency to make grants, the
authority of that grantor agency to make grants is suspended
until the suspension is explicitly lifted by law by the General
Assembly, even if an appropriation has been made for the
explicit purpose of such grants. This suspension of grant
making authority supersedes any other law or rule to the
contrary.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 02/16/2011