Illinois General Assembly - Full Text of HB2891
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Full Text of HB2891  97th General Assembly

HB2891sam008 97TH GENERAL ASSEMBLY

Sen. Dan Kotowski

Filed: 1/3/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2891

2    AMENDMENT NO. ______. Amend House Bill 2891, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1. SHORT TITLE; PURPOSE

 
6    Section 1-1. Short title. This Act may be cited as the
7FY2013 Budget Implementation (Supplemental) Act.
 
8    Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10Governor's fiscal year 2013 budget recommendations.
 
11
ARTICLE 5. AMENDATORY PROVISIONS

 
12    Section 5-5. The State Budget Law of the Civil
13Administrative Code of Illinois is amended by changing Section

 

 

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150-5 as follows:
 
2    (15 ILCS 20/50-5)
3    Sec. 50-5. Governor to submit State budget.
4    (a) The Governor shall, as soon as possible and not later
5than the second Wednesday in March in 2010 (March 10, 2010),
6the third Wednesday in February in 2011, the fourth Wednesday
7in February in 2012 (February 22, 2012), the first Wednesday in
8March in 2013 (March 6, 2013), and the third Wednesday in
9February of each year thereafter, except as otherwise provided
10in this Section, submit a State budget, embracing therein the
11amounts recommended by the Governor to be appropriated to the
12respective departments, offices, and institutions, and for all
13other public purposes, the estimated revenues from taxation,
14and the estimated revenues from sources other than taxation.
15Except with respect to the capital development provisions of
16the State budget, beginning with the revenue estimates prepared
17for fiscal year 2012, revenue estimates shall be based solely
18on: (i) revenue sources (including non-income resources),
19rates, and levels that exist as of the date of the submission
20of the State budget for the fiscal year and (ii) revenue
21sources (including non-income resources), rates, and levels
22that have been passed by the General Assembly as of the date of
23the submission of the State budget for the fiscal year and that
24are authorized to take effect in that fiscal year. Except with
25respect to the capital development provisions of the State

 

 

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1budget, the Governor shall determine available revenue, deduct
2the cost of essential government services, including, but not
3limited to, pension payments and debt service, and assign a
4percentage of the remaining revenue to each statewide
5prioritized goal, as established in Section 50-25 of this Law,
6taking into consideration the proposed goals set forth in the
7report of the Commission established under that Section. The
8Governor shall also demonstrate how spending priorities for the
9fiscal year fulfill those statewide goals. The amounts
10recommended by the Governor for appropriation to the respective
11departments, offices and institutions shall be formulated
12according to each department's, office's, and institution's
13ability to effectively deliver services that meet the
14established statewide goals. The amounts relating to
15particular functions and activities shall be further
16formulated in accordance with the object classification
17specified in Section 13 of the State Finance Act. In addition,
18the amounts recommended by the Governor for appropriation shall
19take into account each State agency's effectiveness in
20achieving its prioritized goals for the previous fiscal year,
21as set forth in Section 50-25 of this Law, giving priority to
22agencies and programs that have demonstrated a focus on the
23prevention of waste and the maximum yield from resources.
24    Beginning in fiscal year 2011, the Governor shall
25distribute written quarterly financial reports on operating
26funds, which may include general, State, or federal funds and

 

 

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1may include funds related to agencies that have significant
2impacts on State operations, and budget statements on all
3appropriated funds to the General Assembly and the State
4Comptroller. The reports shall be submitted no later than 45
5days after the last day of each quarter of the fiscal year and
6shall be posted on the Governor's Office of Management and
7Budget's website on the same day. The reports shall be prepared
8and presented for each State agency and on a statewide level in
9an executive summary format that may include, for the fiscal
10year to date, individual itemizations for each significant
11revenue type as well as itemizations of expenditures and
12obligations, by agency, with an appropriate level of detail.
13The reports shall include a calculation of the actual total
14budget surplus or deficit for the fiscal year to date. The
15Governor shall also present periodic budget addresses
16throughout the fiscal year at the invitation of the General
17Assembly.
18    The Governor shall not propose expenditures and the General
19Assembly shall not enact appropriations that exceed the
20resources estimated to be available, as provided in this
21Section. Appropriations may be adjusted during the fiscal year
22by means of one or more supplemental appropriation bills if any
23State agency either fails to meet or exceeds the goals set
24forth in Section 50-25 of this Law.
25    For the purposes of Article VIII, Section 2 of the 1970
26Illinois Constitution, the State budget for the following funds

 

 

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1shall be prepared on the basis of revenue and expenditure
2measurement concepts that are in concert with generally
3accepted accounting principles for governments:
4        (1) General Revenue Fund.
5        (2) Common School Fund.
6        (3) Educational Assistance Fund.
7        (4) Road Fund.
8        (5) Motor Fuel Tax Fund.
9        (6) Agricultural Premium Fund.
10    These funds shall be known as the "budgeted funds". The
11revenue estimates used in the State budget for the budgeted
12funds shall include the estimated beginning fund balance, plus
13revenues estimated to be received during the budgeted year,
14plus the estimated receipts due the State as of June 30 of the
15budgeted year that are expected to be collected during the
16lapse period following the budgeted year, minus the receipts
17collected during the first 2 months of the budgeted year that
18became due to the State in the year before the budgeted year.
19Revenues shall also include estimated federal reimbursements
20associated with the recognition of Section 25 of the State
21Finance Act liabilities. For any budgeted fund for which
22current year revenues are anticipated to exceed expenditures,
23the surplus shall be considered to be a resource available for
24expenditure in the budgeted fiscal year.
25    Expenditure estimates for the budgeted funds included in
26the State budget shall include the costs to be incurred by the

 

 

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1State for the budgeted year, to be paid in the next fiscal
2year, excluding costs paid in the budgeted year which were
3carried over from the prior year, where the payment is
4authorized by Section 25 of the State Finance Act. For any
5budgeted fund for which expenditures are expected to exceed
6revenues in the current fiscal year, the deficit shall be
7considered as a use of funds in the budgeted fiscal year.
8    Revenues and expenditures shall also include transfers
9between funds that are based on revenues received or costs
10incurred during the budget year.
11    Appropriations for expenditures shall also include all
12anticipated statutory continuing appropriation obligations
13that are expected to be incurred during the budgeted fiscal
14year.
15    By March 15 of each year, the Commission on Government
16Forecasting and Accountability shall prepare revenue and fund
17transfer estimates in accordance with the requirements of this
18Section and report those estimates to the General Assembly and
19the Governor.
20    For all funds other than the budgeted funds, the proposed
21expenditures shall not exceed funds estimated to be available
22for the fiscal year as shown in the budget. Appropriation for a
23fiscal year shall not exceed funds estimated by the General
24Assembly to be available during that year.
25    (b) By February 24, 2010, the Governor must file a written
26report with the Secretary of the Senate and the Clerk of the

 

 

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1House of Representatives containing the following:
2        (1) for fiscal year 2010, the revenues for all budgeted
3    funds, both actual to date and estimated for the full
4    fiscal year;
5        (2) for fiscal year 2010, the expenditures for all
6    budgeted funds, both actual to date and estimated for the
7    full fiscal year;
8        (3) for fiscal year 2011, the estimated revenues for
9    all budgeted funds, including without limitation the
10    affordable General Revenue Fund appropriations, for the
11    full fiscal year; and
12        (4) for fiscal year 2011, an estimate of the
13    anticipated liabilities for all budgeted funds, including
14    without limitation the affordable General Revenue Fund
15    appropriations, debt service on bonds issued, and the
16    State's contributions to the pension systems, for the full
17    fiscal year.
18    Between July 1 and August 31 of each fiscal year, the
19members of the General Assembly and members of the public may
20make written budget recommendations to the Governor.
21    Beginning with budgets prepared for fiscal year 2013, the
22budgets submitted by the Governor and appropriations made by
23the General Assembly for all executive branch State agencies
24must adhere to a method of budgeting where each priority must
25be justified each year according to merit rather than according
26to the amount appropriated for the preceding year.

 

 

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1(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
2eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
396-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff.
41-13-12; 97-813, eff. 7-13-12.)
 
5    Section 5-15. The State Finance Act is amended by changing
6Section 6z-81 and by adding Sections 5i and 5j as follows:
 
7    (30 ILCS 105/5i new)
8    Sec. 5i. Transfers. Each year, the Governor's Office of
9Management and Budget shall, at the time set forth for the
10submission of the State budget under Section 50-5 of the State
11Budget Law, provide to the Chairman and the Minority
12Spokesperson of each of the appropriations committees of the
13House of Representatives and the Senate a report of (i) all
14full fiscal year transfers from the General Revenue Fund to any
15other special fund of the State in the previous fiscal year and
16during the current fiscal year to date, and (ii) all projected
17full fiscal year transfers from the General Revenue Fund to
18those funds for the remainder of the current fiscal year and
19the next fiscal year, based on estimates prepared by the
20Governor's Office of Management and Budget. The report shall
21include a detailed summary of the estimates upon which the
22projected transfers are based. The report shall also indicate,
23for each transfer:
24        (1) whether or not there is statutory authority for the

 

 

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1    transfer;
2        (2) if there is statutory authority for the transfer,
3    whether that statutory authority exists for the next fiscal
4    year; and
5        (3) whether there is debt service associated with the
6    transfer.
7    The General Assembly shall consider the report in the
8appropriations process.
 
9    (30 ILCS 105/5j new)
10    Sec. 5j. Transfers to the Illinois State Medical
11Disciplinary Fund. Notwithstanding any other provision of law,
12for Fiscal Year 2013 only and as soon as practicable after the
13effective date of this amendatory Act of the 97th General
14Assembly, the State Comptroller shall order and the State
15Treasurer shall transfer to the Illinois State Medical
16Disciplinary Fund from the cash balances in special funds that
17receive revenues from the fees and fines associated with the
18licensing of regulated professions, trades, occupations, and
19industries by the Department of Financial and Professional
20Regulation a specific amount that shall be determined by the
21Secretary of the Department of Financial and Professional
22Regulation. The total amount transferred under this Section
23shall not exceed $9,600,000.
 
24    (30 ILCS 105/6z-81)

 

 

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1    Sec. 6z-81. Healthcare Provider Relief Fund.
2    (a) There is created in the State treasury a special fund
3to be known as the Healthcare Provider Relief Fund.
4    (b) The Fund is created for the purpose of receiving and
5disbursing moneys in accordance with this Section.
6Disbursements from the Fund shall be made only as follows:
7        (1) Subject to appropriation, for payment by the
8    Department of Healthcare and Family Services or by the
9    Department of Human Services of medical bills and related
10    expenses, including administrative expenses, for which the
11    State is responsible under Titles XIX and XXI of the Social
12    Security Act, the Illinois Public Aid Code, the Children's
13    Health Insurance Program Act, the Covering ALL KIDS Health
14    Insurance Act, and the Long Term Acute Care Hospital
15    Quality Improvement Transfer Program Act.
16        (2) For repayment of funds borrowed from other State
17    funds or from outside sources, including interest thereon.
18    (c) The Fund shall consist of the following:
19        (1) Moneys received by the State from short-term
20    borrowing pursuant to the Short Term Borrowing Act on or
21    after the effective date of this amendatory Act of the 96th
22    General Assembly.
23        (2) All federal matching funds received by the Illinois
24    Department of Healthcare and Family Services as a result of
25    expenditures made by the Department that are attributable
26    to moneys deposited in the Fund.

 

 

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1        (3) All federal matching funds received by the Illinois
2    Department of Healthcare and Family Services as a result of
3    federal approval of Title XIX State plan amendment
4    transmittal number 07-09.
5        (4) All other moneys received for the Fund from any
6    other source, including interest earned thereon.
7    (d) In addition to any other transfers that may be provided
8for by law, on the effective date of this amendatory Act of the
997th General Assembly, or as soon thereafter as practical, the
10State Comptroller shall direct and the State Treasurer shall
11transfer the sum of $365,000,000 from the General Revenue Fund
12into the Healthcare Provider Relief Fund.
13    (e) In addition to any other transfers that may be provided
14for by law, on July 1, 2011, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $160,000,000 from the
17General Revenue Fund to the Healthcare Provider Relief Fund.
18    (f) Notwithstanding any other State law to the contrary,
19and in addition to any other transfers that may be provided for
20by law, the State Comptroller shall order transferred and the
21State Treasurer shall transfer $500,000,000 to the Healthcare
22Provider Relief Fund from the General Revenue Fund in equal
23monthly installments of $100,000,000, with the first transfer
24to be made on July 1, 2012, or as soon thereafter as practical,
25and with each of the remaining transfers to be made on August
261, 2012, September 1, 2012, October 1, 2012, and November 1,

 

 

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12012, or as soon thereafter as practical. This transfer may
2assist the Department of Healthcare and Family Services in
3improving Medical Assistance bill processing timeframes or in
4meeting the possible requirements of Senate Bill 3397, or other
5similar legislation, of the 97th General Assembly should it
6become law.
7    (g) Notwithstanding any other State law to the contrary,
8and in addition to any other transfers that may be provided for
9by law, the State Comptroller shall order transferred and the
10State Treasurer shall transfer $151,000,000 to the Healthcare
11Provider Relief Fund from the General Revenue Fund in equal
12monthly installments of $37,750,000, with the first transfer to
13be made 30 days after the effective date of this amendatory Act
14of the 97th General Assembly, or as soon thereafter as
15practical, and with each of the remaining transfers to be made
1660, 90, and 120 days after the effective date of this
17amendatory Act of the 97th General Assembly, or as soon
18thereafter as practical.
19(Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11;
2097-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff.
216-14-12; 97-732, eff. 6-30-12; revised 7-10-12.)
 
22
ARTICLE 99. EFFECTIVE DATE

 
23    Section 99-99. Effective date. This Act takes effect upon
24becoming law.".