100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0019

 

Introduced , by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. IV, Sec. 5
ILCON Art. VIII, Sec. 2

    Proposes to amend the Legislature and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that the State budget shall be based on estimated revenue (now funds); defines "revenue". Provides that appropriations are expendable only during the fiscal year for which they were appropriated. Provides that no budget shall become law without the Comptroller's independent certification that the planned expenditures are less than or equal to the revenue estimates for the ensuing fiscal year. Provides that appropriations for the current fiscal may not exceed the average annual revenue collected for the 3 prior years, adjusted in proportion to changes in population and inflation. Provides that within 30 days of the enactment of the State budget for a fiscal year, the Comptroller must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year. Provides that the Comptroller may find at any time during the fiscal year that the State budget has become unbalanced and so report to the General Assembly. Provides that a special session of the General Assembly shall be convened within 10 days of receiving a report from the Comptroller to enact a new State budget. Makes a conforming amendment to the Legislature Article. Effective upon being declared adopted.


LRB100 08102 JWD 18195 e

 

HC0019LRB100 08102 JWD 18195 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE
5CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 5 of Article IV
9and Section 2 of Article VIII of the Illinois Constitution as
10follows:
 
11
ARTICLE IV
12
THE LEGISLATURE

13    (ILCON Art. IV, Sec. 5)
14SECTION 5. SESSIONS
15    (a) The General Assembly shall convene each year on the
16second Wednesday of January. The General Assembly shall be a
17continuous body during the term for which members of the House
18of Representatives are elected.
19    (b) The Governor may convene the General Assembly or the
20Senate alone in special session by a proclamation stating the
21purpose of the session; and only business encompassed by such
22purpose, together with any impeachments or confirmation of
23appointments shall be transacted. Special sessions of the

 

 

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1General Assembly may also be convened by joint proclamation of
2the presiding officers of both houses, issued as provided by
3law, or as provided in subsection (c) of Section 2 of Article
4VIII.
5    (c) Sessions of each house of the General Assembly and
6meetings of committees, joint committees and legislative
7commissions shall be open to the public. Sessions and committee
8meetings of a house may be closed to the public if two-thirds
9of the members elected to that house determine that the public
10interest so requires; and meetings of joint committees and
11legislative commissions may be so closed if two-thirds of the
12members elected to each house so determine.
13(Source: Illinois Constitution.)
 
14
ARTICLE VIII
15
FINANCE

16    (ILCON Art. VIII, Sec. 2)
17SECTION 2. STATE FINANCE
18    (a) The Governor shall prepare and submit to the General
19Assembly, at a time prescribed by law, a State budget for the
20ensuing fiscal year. The budget shall set forth the estimated
21balance of revenue funds available for appropriation at the
22beginning of the fiscal year, the estimated receipts, and a
23plan for expenditures and obligations during the fiscal year of
24every department, authority, public corporation and

 

 

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1quasi-public corporation of the State, every State college and
2university, and every other public agency created by the State,
3but not of units of local government or school districts. The
4budget shall also set forth the indebtedness and contingent
5liabilities of the State and such other information as may be
6required by law. Proposed expenditures shall not exceed funds
7estimated to be available for the fiscal year as shown in the
8budget. Deficits shall not be carried forward from one fiscal
9year into the following fiscal year. In the event, after
10enactment of the State budget, revised estimates of expected
11revenues or expenditures, or both, show that expenditures will
12exceed estimated revenues, adjustments shall be made as
13necessary to revenues or expenditures, or both, to ensure that
14actual expenditures do not exceed actual revenues for that
15fiscal year. "Revenue" means receipts from taxes and fees;
16"revenue" does not include incurring debt, refinancing
17existing debt, or fund sweeps. No budget shall take effect
18unless: (i) the budget adheres to the spending limit set forth
19in this Section; and (ii) the Comptroller independently
20certifies that the planned expenditures in the budget are less
21than or equal to the balance of revenue estimated to be
22available by the General Assembly. Programmatic appropriations
23shall not be less than the amount required by State or federal
24law.
25    (b) The General Assembly by law shall make appropriations
26for all expenditures of public funds by the State.

 

 

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1Appropriations for a fiscal year shall not exceed the average
2annual revenue collected for the 3 prior years, adjusted in
3proportion to changes in population and inflation. All
4appropriations are expendable only during the fiscal year for
5which they were appropriated. Any lapse period spending shall
6not exceed the previous end-of-year budget balance. Current
7revenues shall not be used to pay for previous fiscal year
8lapse period spending. funds estimated by the General Assembly
9to be available during that year.
10    (c)(1) Within 30 days of the enactment of the law or laws
11comprising the State budget for a fiscal year, the Comptroller
12must certify whether the enacted budget will be balanced with
13expenses not exceeding funds estimated by the General Assembly
14to be available during that year pursuant to subsection (b).
15        (2) Within 10 days after the certification by the
16    Comptroller that the budget is not balanced, the General
17    Assembly must convene to address the State budget and enact
18    a new State budget. If a special session is not convened by
19    the Governor or the General Assembly by proclamation by the
20    tenth day, the declaration by the Comptroller under this
21    paragraph (2) shall operate to convene the General Assembly
22    in special session on the tenth day. Upon the enactment of
23    the law or laws comprising the new State budget, the
24    Comptroller must certify whether the new State budget will
25    be balanced with expenses not exceeding expected revenue.
26        (3) If the Comptroller finds at any time during the

 

 

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1    fiscal year that the State budget has become unbalanced,
2    the procedure in paragraph (2) must be followed to create a
3    balanced budget for the remainder of the fiscal year.
4(Source: Illinois Constitution.)
 
5
SCHEDULE
6    This Constitutional Amendment takes effect upon being
7declared adopted in accordance with Section 7 of the Illinois
8Constitutional Amendment Act.