96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0059

 

Introduced , by Rep. Keith Farnham

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VIII, Sec. 2.1 new

    Proposes to amend the Finance Article of the Illinois Constitution. Beginning in Fiscal Year 2014, limits aggregate appropriations and transfers from the State's general funds in a fiscal year to the aggregate appropriations and transfers in the previous fiscal year, as adjusted by the 5-year average annual change in per capita personal income. Allows the Governor to declare a fiscal emergency. If the Comptroller and Treasurer concur in the Governor's declaration, then the General Assembly, by a three-fifths vote, may authorize appropriations and transfers by law that exceed the limitation. Requires excess revenues to be deposited into budget stabilization funds, and allows certain excess funds to be refunded. Effective upon being declared adopted.


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A BILL FOR

 

HC0059LRB096 24477 RCE 44210 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING 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 add Section 2.1 to Article
9VIII of the Illinois Constitution as follows:
 
10
ARTICLE VIII
11
FINANCE

12    (ILCON Art. VIII, Sec. 2.1 new)
13SECTION 2.1. LIMITATIONS ON APPROPRIATIONS AND TRANSFERS
14    (a) For the fiscal year ending in 2014 and each fiscal year
15thereafter, aggregate appropriations and transfers from the
16general funds are limited as provided in this Section. "General
17funds" include the general revenue fund and any other funds
18designated by the General Assembly by law making specific
19reference to this Section. "Appropriations and transfers" do
20not include (i) reappropriations from a previous fiscal year,
21(ii) those made for debt service payments, and (iii) those made
22to a budget stabilization fund.
23    (b) Aggregate fiscal year appropriations and transfers

 

 

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1from the general funds may not exceed the limitation amount.
2The limitation amount is the aggregate amount of appropriations
3and transfers from the general funds in the previous fiscal
4year, including increased amounts under subsection (c), as
5adjusted. The adjustment is the average annual percentage
6change in the average per capita personal income for Illinois
7for the five most recent calendar years for which data is
8available, as defined and reported by the United States
9Department of Commerce, or its successor.
10    (c) The Governor may declare a fiscal emergency by filing a
11declaration with the Secretary of State and copies with the
12Senate and House of Representatives. The declaration must be
13limited to only one State fiscal year, set forth compelling
14reasons for declaring a fiscal emergency, and request that the
15limitation amount for that fiscal year be increased by a
16specific dollar amount. If the Comptroller and Treasurer advise
17the General Assembly that they concur in the Governor's
18declaration, then by a record vote of three-fifths of the
19members elected in each house, the General Assembly by law may
20authorize increased appropriations and transfers in a specific
21dollar amount that is no more than the increased amount
22requested by the Governor in the declaration.
23    (d) If the general funds revenues for a fiscal year exceed
24the limitation amount for that fiscal year, then those excess
25revenues must be deposited into one or more budget
26stabilization funds. A budget stabilization fund must be

 

 

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1designated by law making specific reference to this Section or,
2in the absence of law, by the Comptroller. If the aggregate
3unexpended and unobligated amount in the budget stabilization
4funds at the end of a fiscal year exceeds an amount equal to
5ten percent of the limitation amount for that fiscal year, then
6that excess shall be refunded in a manner and in amounts
7determined by the General Assembly by law.
 
8
SCHEDULE
9    This Constitutional Amendment takes effect upon being
10declared adopted in accordance with Section 7 of the Illinois
11Constitutional Amendment Act.