Illinois General Assembly - Full Text of SB1609
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Full Text of SB1609  97th General Assembly




SB1609 EnrolledLRB097 09293 ASK 49428 b

1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Budget Law of the Civil Administrative
5Code of Illinois is amended by changing Section 50-5 as
7    (15 ILCS 20/50-5)
8    Sec. 50-5. Governor to submit State budget.
9    (a) The Governor shall, as soon as possible and not later
10than the second Wednesday in March in 2010 (March 10, 2010),
11and the third Wednesday in February of each year beginning in
122011, the fourth Wednesday in February in 2012 (February 22,
132012), and the third Wednesday in February of each year
14thereafter, except as otherwise provided in this Section,
15submit a State budget, embracing therein the amounts
16recommended by the Governor to be appropriated to the
17respective departments, offices, and institutions, and for all
18other public purposes, the estimated revenues from taxation,
19and the estimated revenues from sources other than taxation.
20Except with respect to the capital development provisions of
21the State budget, beginning with the revenue estimates prepared
22for fiscal year 2012, revenue estimates shall be based solely
23on: (i) revenue sources (including non-income resources),



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1rates, and levels that exist as of the date of the submission
2of the State budget for the fiscal year and (ii) revenue
3sources (including non-income resources), rates, and levels
4that have been passed by the General Assembly as of the date of
5the submission of the State budget for the fiscal year and that
6are authorized to take effect in that fiscal year. Except with
7respect to the capital development provisions of the State
8budget, the Governor shall determine available revenue, deduct
9the cost of essential government services, including, but not
10limited to, pension payments and debt service, and assign a
11percentage of the remaining revenue to each statewide
12prioritized goal, as established in Section 50-25 of this Law,
13taking into consideration the proposed goals set forth in the
14report of the Commission established under that Section. The
15Governor shall also demonstrate how spending priorities for the
16fiscal year fulfill those statewide goals. The amounts
17recommended by the Governor for appropriation to the respective
18departments, offices and institutions shall be formulated
19according to each department's, office's, and institution's
20ability to effectively deliver services that meet the
21established statewide goals. The amounts relating to
22particular functions and activities shall be further
23formulated in accordance with the object classification
24specified in Section 13 of the State Finance Act. In addition,
25the amounts recommended by the Governor for appropriation shall
26take into account each State agency's effectiveness in



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1achieving its prioritized goals for the previous fiscal year,
2as set forth in Section 50-25 of this Law, giving priority to
3agencies and programs that have demonstrated a focus on the
4prevention of waste and the maximum yield from resources.
5    Beginning in fiscal year 2011, the Governor shall
6distribute written quarterly financial reports on operating
7funds, which may include general, State, or federal funds and
8may include funds related to agencies that have significant
9impacts on State operations, and budget statements on all
10appropriated funds to the General Assembly and the State
11Comptroller. The reports shall be submitted no later than 45
12days after the last day of each quarter of the fiscal year and
13shall be posted on the Governor's Office of Management and
14Budget's website on the same day. The reports shall be prepared
15and presented for each State agency and on a statewide level in
16an executive summary format that may include, for the fiscal
17year to date, individual itemizations for each significant
18revenue type as well as itemizations of expenditures and
19obligations, by agency, with an appropriate level of detail.
20The reports shall include a calculation of the actual total
21budget surplus or deficit for the fiscal year to date. The
22Governor shall also present periodic budget addresses
23throughout the fiscal year at the invitation of the General
25    The Governor shall not propose expenditures and the General
26Assembly shall not enact appropriations that exceed the



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1resources estimated to be available, as provided in this
2Section. Appropriations may be adjusted during the fiscal year
3by means of one or more supplemental appropriation bills if any
4State agency either fails to meet or exceeds the goals set
5forth in Section 50-25 of this Law.
6    For the purposes of Article VIII, Section 2 of the 1970
7Illinois Constitution, the State budget for the following funds
8shall be prepared on the basis of revenue and expenditure
9measurement concepts that are in concert with generally
10accepted accounting principles for governments:
11        (1) General Revenue Fund.
12        (2) Common School Fund.
13        (3) Educational Assistance Fund.
14        (4) Road Fund.
15        (5) Motor Fuel Tax Fund.
16        (6) Agricultural Premium Fund.
17    These funds shall be known as the "budgeted funds". The
18revenue estimates used in the State budget for the budgeted
19funds shall include the estimated beginning fund balance, plus
20revenues estimated to be received during the budgeted year,
21plus the estimated receipts due the State as of June 30 of the
22budgeted year that are expected to be collected during the
23lapse period following the budgeted year, minus the receipts
24collected during the first 2 months of the budgeted year that
25became due to the State in the year before the budgeted year.
26Revenues shall also include estimated federal reimbursements



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1associated with the recognition of Section 25 of the State
2Finance Act liabilities. For any budgeted fund for which
3current year revenues are anticipated to exceed expenditures,
4the surplus shall be considered to be a resource available for
5expenditure in the budgeted fiscal year.
6    Expenditure estimates for the budgeted funds included in
7the State budget shall include the costs to be incurred by the
8State for the budgeted year, to be paid in the next fiscal
9year, excluding costs paid in the budgeted year which were
10carried over from the prior year, where the payment is
11authorized by Section 25 of the State Finance Act. For any
12budgeted fund for which expenditures are expected to exceed
13revenues in the current fiscal year, the deficit shall be
14considered as a use of funds in the budgeted fiscal year.
15    Revenues and expenditures shall also include transfers
16between funds that are based on revenues received or costs
17incurred during the budget year.
18    Appropriations for expenditures shall also include all
19anticipated statutory continuing appropriation obligations
20that are expected to be incurred during the budgeted fiscal
22    By March 15 of each year, the Commission on Government
23Forecasting and Accountability shall prepare revenue and fund
24transfer estimates in accordance with the requirements of this
25Section and report those estimates to the General Assembly and
26the Governor.



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1    For all funds other than the budgeted funds, the proposed
2expenditures shall not exceed funds estimated to be available
3for the fiscal year as shown in the budget. Appropriation for a
4fiscal year shall not exceed funds estimated by the General
5Assembly to be available during that year.
6    (b) By February 24, 2010, the Governor must file a written
7report with the Secretary of the Senate and the Clerk of the
8House of Representatives containing the following:
9        (1) for fiscal year 2010, the revenues for all budgeted
10    funds, both actual to date and estimated for the full
11    fiscal year;
12        (2) for fiscal year 2010, the expenditures for all
13    budgeted funds, both actual to date and estimated for the
14    full fiscal year;
15        (3) for fiscal year 2011, the estimated revenues for
16    all budgeted funds, including without limitation the
17    affordable General Revenue Fund appropriations, for the
18    full fiscal year; and
19        (4) for fiscal year 2011, an estimate of the
20    anticipated liabilities for all budgeted funds, including
21    without limitation the affordable General Revenue Fund
22    appropriations, debt service on bonds issued, and the
23    State's contributions to the pension systems, for the full
24    fiscal year.
25    Between July 1 and August 31 of each fiscal year, the
26members of the General Assembly and members of the public may



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1make written budget recommendations to the Governor.
2    Beginning with budgets prepared for fiscal year 2013, the
3budgets submitted by the Governor and appropriations made by
4the General Assembly for all executive branch State agencies
5must adhere to a method of budgeting where each priority must
6be justified each year according to merit rather than according
7to the amount appropriated for the preceding year.
8(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
9eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
1096-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; revised
12    Section 99. Effective date. This Act takes effect upon
13becoming law.