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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "ARTICLE 1. SHORT TITLE; PURPOSE | 6 | | Section 1-1. Short title. This Act may be cited as the | 7 | | FY2013 Budget Implementation (Supplemental) Act. | 8 | | Section 1-5. Purpose. It is the purpose of this Act to make | 9 | | changes in State programs that are necessary to implement the | 10 | | Governor's fiscal year 2013 budget recommendations. | 11 | | ARTICLE 5. AMENDATORY PROVISIONS | 12 | | Section 5-5. The State Budget Law of the Civil | 13 | | Administrative Code of Illinois is amended by changing Section |
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| 1 | | 50-5 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 | 5 | | than the second
Wednesday in March in 2010 (March 10, 2010), | 6 | | the third
Wednesday in February in 2011, the fourth Wednesday | 7 | | in February in 2012 (February 22, 2012), the first Wednesday in | 8 | | March in 2013 (March 6, 2013), and the third Wednesday in | 9 | | February of each year thereafter, except as otherwise provided | 10 | | in this Section, submit a
State budget, embracing therein the | 11 | | amounts recommended by the Governor to be
appropriated to the | 12 | | respective departments, offices, and institutions, and
for all | 13 | | other public purposes, the estimated revenues from taxation, | 14 | | and the
estimated revenues from sources other than taxation. | 15 | | Except with respect to the capital development provisions of | 16 | | the State budget, beginning with the revenue estimates prepared | 17 | | for fiscal year 2012, revenue estimates shall be based solely | 18 | | on: (i) revenue sources (including non-income resources), | 19 | | rates, and levels that exist as of the date of the submission | 20 | | of the State budget for the fiscal year and (ii) revenue | 21 | | sources (including non-income resources), rates, and levels | 22 | | that have been passed by the General Assembly as of the date of | 23 | | the submission of the State budget for the fiscal year and that | 24 | | are authorized to take effect in that fiscal year. Except with | 25 | | respect to the capital development provisions of the State |
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| 1 | | budget, the Governor shall determine available revenue, deduct | 2 | | the cost of essential government services, including, but not | 3 | | limited to, pension payments and debt service, and assign a | 4 | | percentage of the remaining revenue to each statewide | 5 | | prioritized goal, as established in Section 50-25 of this Law, | 6 | | taking into consideration the proposed goals set forth in the | 7 | | report of the Commission established under that Section. The | 8 | | Governor shall also demonstrate how spending priorities for the | 9 | | fiscal year fulfill those statewide goals. The amounts | 10 | | recommended by the
Governor for appropriation to the respective | 11 | | departments, offices and
institutions shall be formulated | 12 | | according to each department's, office's, and institution's | 13 | | ability to effectively deliver services that meet the | 14 | | established statewide goals. The amounts relating to | 15 | | particular functions
and activities shall be further | 16 | | formulated in accordance with the object
classification | 17 | | specified in Section 13 of the State Finance Act. In addition, | 18 | | the amounts recommended by the Governor for appropriation shall | 19 | | take into account each State agency's effectiveness in | 20 | | achieving its prioritized goals for the previous fiscal year, | 21 | | as set forth in Section 50-25 of this Law, giving priority to | 22 | | agencies and programs that have demonstrated a focus on the | 23 | | prevention of waste and the maximum yield from resources. | 24 | | Beginning in fiscal year 2011, the Governor shall | 25 | | distribute written quarterly financial reports on operating | 26 | | funds, which may include general, State, or federal funds and |
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| 1 | | may include funds related to agencies that have significant | 2 | | impacts on State operations, and budget statements on all | 3 | | appropriated funds to the General Assembly and the State | 4 | | Comptroller. The reports shall be submitted no later than 45 | 5 | | days after the last day of each quarter of the fiscal year and | 6 | | shall be posted on the Governor's Office of Management and | 7 | | Budget's website on the same day. The reports shall be prepared | 8 | | and presented for each State agency and on a statewide level in | 9 | | an executive summary format that may include, for the fiscal | 10 | | year to date, individual itemizations for each significant | 11 | | revenue type as well as itemizations of expenditures and | 12 | | obligations, by agency, with an appropriate level of detail. | 13 | | The reports shall include a calculation of the actual total | 14 | | budget surplus or deficit for the fiscal year to date. The | 15 | | Governor shall also present periodic budget addresses | 16 | | throughout the fiscal year at the invitation of the General | 17 | | Assembly. | 18 | | The Governor shall not propose expenditures and the General | 19 | | Assembly shall
not enact appropriations that exceed the | 20 | | resources estimated to be available,
as provided in this | 21 | | Section. Appropriations may be adjusted during the fiscal year | 22 | | by means of one or more supplemental appropriation bills if any | 23 | | State agency either fails to meet or exceeds the goals set | 24 | | forth in Section 50-25 of this Law. | 25 | | For the purposes of Article VIII, Section 2 of the 1970
| 26 | | Illinois Constitution, the State budget for the following funds |
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| 1 | | shall be
prepared on the basis of revenue and expenditure | 2 | | measurement concepts that are
in concert with generally | 3 | | accepted 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 | 11 | | revenue
estimates used in the State budget for the budgeted | 12 | | funds shall include the
estimated beginning fund balance, plus
| 13 | | revenues estimated to be received during the budgeted year, | 14 | | plus the estimated
receipts due the State as of June 30 of the | 15 | | budgeted year that are expected to
be collected during the | 16 | | lapse period following the budgeted year, minus the
receipts | 17 | | collected during the first 2 months of the budgeted year that | 18 | | became
due to the State in the year before the budgeted year. | 19 | | Revenues shall also
include estimated federal reimbursements | 20 | | associated with the recognition of
Section 25 of the State | 21 | | Finance Act liabilities. For any budgeted fund
for which | 22 | | current year revenues are anticipated to exceed expenditures, | 23 | | the
surplus shall be considered to be a resource available for | 24 | | expenditure in the
budgeted fiscal year. | 25 | | Expenditure estimates for the budgeted funds included in | 26 | | the State budget
shall include the costs to be incurred by the |
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| 1 | | State for the budgeted year,
to be paid in the next fiscal | 2 | | year, excluding costs paid in the budgeted year
which were | 3 | | carried over from the prior year, where the payment is | 4 | | authorized by
Section
25 of the State Finance Act. For any | 5 | | budgeted fund
for which expenditures are expected to exceed | 6 | | revenues in the current fiscal
year, the deficit shall be | 7 | | considered as a use of funds in the budgeted fiscal
year. | 8 | | Revenues and expenditures shall also include transfers | 9 | | between funds that are
based on revenues received or costs | 10 | | incurred during the budget year. | 11 | | Appropriations for expenditures shall also include all | 12 | | anticipated statutory continuing appropriation obligations | 13 | | that are expected to be incurred during the budgeted fiscal | 14 | | year. | 15 | | By
March 15 of each year, the
Commission on Government | 16 | | Forecasting and Accountability shall prepare
revenue and fund | 17 | | transfer estimates in accordance with the requirements of this
| 18 | | Section and report those estimates to the General Assembly and | 19 | | the Governor. | 20 | | For all funds other than the budgeted funds, the proposed | 21 | | expenditures shall
not exceed funds estimated to be available | 22 | | for the fiscal year as shown in the
budget. Appropriation for a | 23 | | fiscal year shall not exceed funds estimated by
the General | 24 | | Assembly to be available during that year. | 25 | | (b) By February 24, 2010, the Governor must file a written | 26 | | report with the Secretary of the Senate and the Clerk of the |
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| 1 | | House 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 | 19 | | members of the General Assembly and members of the public may | 20 | | make written budget recommendations to the Governor. | 21 | | Beginning with budgets prepared for fiscal year 2013, the | 22 | | budgets submitted by the Governor and appropriations made by | 23 | | the General Assembly for all executive branch State agencies | 24 | | must adhere to a method of budgeting where each priority must | 25 | | be justified each year according to merit rather than according | 26 | | to 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, | 2 | | eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10; | 3 | | 96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; 97-669, eff. | 4 | | 1-13-12; 97-813, eff. 7-13-12.) | 5 | | Section 5-15. The State Finance Act is amended by changing | 6 | | Section 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 | 9 | | Management and Budget shall, at the time set forth for the | 10 | | submission of the State budget under Section 50-5 of the State | 11 | | Budget Law, provide to the Chairman and the Minority | 12 | | Spokesperson of each of the appropriations
committees of the | 13 | | House of Representatives and the Senate a report of (i) all | 14 | | full fiscal year transfers from the General Revenue Fund to any | 15 | | other special fund of the State in the previous fiscal year and | 16 | | during the current fiscal year to date, and (ii) all projected | 17 | | full fiscal year transfers from the General Revenue Fund to | 18 | | those funds for the remainder of the current fiscal year and | 19 | | the next fiscal year, based on estimates prepared by the | 20 | | Governor's Office of Management and Budget. The report shall | 21 | | include a detailed summary of the estimates upon which the | 22 | | projected transfers are based. The report shall also indicate, | 23 | | for 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 | 8 | | appropriations process. | 9 | | (30 ILCS 105/5j new) | 10 | | Sec. 5j. Transfers to the Illinois State Medical | 11 | | Disciplinary Fund. Notwithstanding any other provision of law, | 12 | | for Fiscal Year 2013 only and as soon as practicable after the | 13 | | effective date of this amendatory Act of the 97th General | 14 | | Assembly, the State Comptroller shall order and the State | 15 | | Treasurer shall transfer to the Illinois State Medical | 16 | | Disciplinary Fund from the cash balances in special funds that | 17 | | receive revenues from the fees and fines associated with the | 18 | | licensing of regulated professions, trades, occupations, and | 19 | | industries by the Department of Financial and Professional | 20 | | Regulation a specific amount that shall be determined by the | 21 | | Secretary of the Department of Financial and Professional | 22 | | Regulation. The total amount transferred under this Section | 23 | | shall 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 | 3 | | to be known as the Healthcare Provider Relief Fund. | 4 | | (b) The Fund is created for the purpose of receiving and | 5 | | disbursing moneys in accordance with this Section. | 6 | | Disbursements 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 | 8 | | for by law, on the effective date of this amendatory Act of the | 9 | | 97th General Assembly, or as soon thereafter as practical, the | 10 | | State Comptroller shall direct and the State Treasurer shall | 11 | | transfer the sum of $365,000,000 from the General Revenue Fund | 12 | | into the Healthcare Provider Relief Fund.
| 13 | | (e) In addition to any other transfers that may be provided | 14 | | for by law, on July 1, 2011, or as soon thereafter as | 15 | | practical, the State Comptroller shall direct and the State | 16 | | Treasurer shall transfer the sum of $160,000,000 from the | 17 | | General Revenue Fund to the Healthcare Provider Relief Fund. | 18 | | (f) Notwithstanding any other State law to the contrary, | 19 | | and in addition to any other transfers that may be provided for | 20 | | by law, the State Comptroller shall order transferred and the | 21 | | State Treasurer shall transfer $500,000,000 to the Healthcare | 22 | | Provider Relief Fund from the General Revenue Fund in equal | 23 | | monthly installments of $100,000,000, with the first transfer | 24 | | to be made on July 1, 2012, or as soon thereafter as practical, | 25 | | and with each of the remaining transfers to be made on August | 26 | | 1, 2012, September 1, 2012, October 1, 2012, and November 1, |
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| 1 | | 2012, or as soon thereafter as practical. This transfer may | 2 | | assist the Department of Healthcare and Family Services in | 3 | | improving Medical Assistance bill processing timeframes or in | 4 | | meeting the possible requirements of Senate Bill 3397, or other | 5 | | similar legislation, of the 97th General Assembly should it | 6 | | become law. | 7 | | (g) Notwithstanding any other State law to the contrary, | 8 | | and in addition to any other transfers that may be provided for | 9 | | by law, the State Comptroller shall order transferred and the | 10 | | State Treasurer shall transfer $151,000,000 to the Healthcare | 11 | | Provider Relief Fund from the General Revenue Fund in equal | 12 | | monthly installments of $37,750,000, with the first transfer to | 13 | | be made 30 days after the effective date of this amendatory Act | 14 | | of the 97th General Assembly, or as soon thereafter as | 15 | | practical, and with each of the remaining transfers to be made | 16 | | 60, 90, and 120 days after the effective date of this | 17 | | amendatory Act of the 97th General Assembly, or as soon | 18 | | thereafter as practical. | 19 | | (Source: P.A. 96-820, eff. 11-18-09; 96-1100, eff. 1-1-11; | 20 | | 97-44, eff. 6-28-11; 97-641, eff. 12-19-11; 97-689, eff. | 21 | | 6-14-12; 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 | 24 | | becoming law.".
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