HB4399 99TH GENERAL ASSEMBLY

LRB099 16308 HLH 40805 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4399

Introduced , by Rep. Bill Mitchell - Avery Bourne - Terri Bryant - Dwight Kay - Christine Winger, et al.

SYNOPSIS AS INTRODUCED:

15 ILCS 20/50-21 new

Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that, within 30 days after the enactment of the State budget for a fiscal year, the Auditor General 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 Auditor General, which shall have 10 days to respond to this report. Provides that, if the Auditor General certifies that the budget is not balanced or agrees with the Comptroller's finding that the State budget has become unbalanced, then (i) the Comptroller shall withhold all payments for the salaries of General Assembly members and the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer and (ii) a special session of the General Assembly shall be convened within 10 days to enact a new State budget. Provides that, upon certification that the new budget will be balanced, the Comptroller will be allowed to resume payments. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The State Budget Law of the Civil Administrative Code of Illinois is amended by adding Section 50-21 as follows:

(15 ILCS 20/50-21 new)

Sec. 50-21. Balanced budget certification.

(a) Within 30 days after the enactment of the law or laws comprising the State budget for a fiscal year, the Office of the Auditor General 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 pursuant to subsection (b) of Section 2 of Article VIII of the Illinois Constitution. If the Office of the Auditor General certifies that the budget is not balanced, then the Comptroller shall withhold all payments for the salaries of General Assembly members and the constitutional officers specified in Section 1 of Article V of the Illinois Constitution. The Comptroller shall resume payments for the salaries of General Assembly members and constitutional officers, including payments for the period during which salaries were withheld under this Section, when the Office of the Auditor General certifies that the new State budget will be balanced.

(b) Within 10 days after the certification by the Office of the Auditor General that the budget is not balanced as provided in subsection (a), the General Assembly must convene to address the State budget and enact a new State budget. If a special session is not convened by the Governor or the General Assembly by proclamation by the tenth day, the certification by the Office of the Auditor General under this Section shall operate to convene the General Assembly in special session on the tenth day after the certification is made. Upon the enactment of the law or laws comprising the new State budget, the Office of the Auditor General must certify whether the new State budget will be balanced with expenses not exceeding expected revenue.

(c) If the Comptroller finds at any time during the fiscal year that the State budget has become unbalanced, the Comptroller shall so report to the Office of the Auditor General. The Office of the Auditor General shall have 10 days to respond to this report and, if the Office of the Auditor General agrees with the finding of the Comptroller that the State budget has become unbalanced, the Comptroller must withhold payments as specified in subsection (a) and the procedure in subsection (b) must be followed to create a balanced budget for the remainder of the fiscal year.

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