SB3077 95TH GENERAL ASSEMBLY

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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB3077

Introduced 11/19/2008, by Sen. Donne E. Trotter

SYNOPSIS AS INTRODUCED:

New Act

Creates the Emergency Budget Act of 2009. Authorizes the Governor to require contingency reserves of up to 8% concerning appropriations from the General Funds to executive State agencies directly responsible to the Governor, appropriations to the State Board of Education, appropriations for higher education, appropriations to State pension funds, and distributions and payments to units of local government. Provides that the Lieutenant Governor, the Attorney General, the Secretary of State, the Comptroller, and the Treasurer have the same rights and powers with respect to appropriations in their budgets. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

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

Section 1. Short title. This Act may be cited as the Emergency Budget Act of Fiscal Year 2009.

Section 5. Contingency reserves.

(a) Notwithstanding any continuing appropriations to the contrary, the Governor may designate the following as contingency reserves:

(1) For each executive State agency that is directly responsible to the Governor, an amount no greater than 8% of the total appropriations made from the General Funds to that executive State agency that is directly responsible to the Governor.

(2) An amount no greater than 8% of the total appropriations of State funds to the State Board of Education.

(3) An amount no greater than 8% of the total appropriations of State funds for higher education purposes to each agency, board, commission, or university receiving funding for higher education purposes.

(4) An amount no greater than 8% of the total appropriations of State funds for contributions to the State pension funds established under Articles 2, 14, 15, 16, and 18 of the Illinois Pension Code.

(5) An amount no greater than 8% of the total distributions of revenues received on behalf of local governments or other payments to units of local government.

This subsection (a) does not apply to the General Obligation Bond Retirement and Interest Fund or to the Build Illinois Bond Retirement and Interest Fund.

(b) Amounts designated as a contingency reserve may not be obligated, encumbered, or expended.

(c) Any periodic transfers or expenditures must be reduced to accommodate a contingency reserve. Any necessary proration of periodic payments shall be distributed equally among the remaining payments for the fiscal year.

(d) In this Section, "executive State agency that is directly responsible to the Governor" means any office, officer, division, or part thereof, and other office, nonelective officer, department, division, bureau, board, or commission in the executive branch of State government, except that it does not apply to any agency whose primary function is service to the General Assembly or the judicial branch of State government, or to any agency administered by the Attorney General, Secretary of State, State Comptroller, or State Treasurer.

(e) The Lieutenant Governor, the Attorney General, the Secretary of State, the State Comptroller, and the State Treasurer have the same rights and powers granted the Governor under subsection (a) with respect to those appropriations in each of their respective budgets.

Section 99. Effective date. This Act takes effect upon becoming law.