Illinois General Assembly - Full Text of HB5436
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Full Text of HB5436  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. C.D. Davidsmeyer


15 ILCS 20/50-5

    Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that supplemental appropriation bills shall be limited to a single item of appropriation. Effective immediately.

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HB5436LRB098 16140 OMW 51197 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),
11the third Wednesday in February in 2011, the fourth Wednesday
12in February in 2012 (February 22, 2012), the first Wednesday in
13March in 2013 (March 6, 2013), and the third Wednesday in
14February of each year thereafter, except as otherwise provided
15in this Section, submit a State budget, embracing therein the
16amounts recommended 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. Supplemental appropriation
6bills shall be limited to a single item of appropriation.
7    For the purposes of Article VIII, Section 2 of the 1970
8Illinois Constitution, the State budget for the following funds
9shall be prepared on the basis of revenue and expenditure
10measurement concepts that are in concert with generally
11accepted accounting principles for governments:
12        (1) General Revenue Fund.
13        (2) Common School Fund.
14        (3) Educational Assistance Fund.
15        (4) Road Fund.
16        (5) Motor Fuel Tax Fund.
17        (6) Agricultural Premium Fund.
18    These funds shall be known as the "budgeted funds". The
19revenue estimates used in the State budget for the budgeted
20funds shall include the estimated beginning fund balance, plus
21revenues estimated to be received during the budgeted year,
22plus the estimated receipts due the State as of June 30 of the
23budgeted year that are expected to be collected during the
24lapse period following the budgeted year, minus the receipts
25collected during the first 2 months of the budgeted year that
26became due to the State in the year before the budgeted year.



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1Revenues shall also include estimated federal reimbursements
2associated with the recognition of Section 25 of the State
3Finance Act liabilities. For any budgeted fund for which
4current year revenues are anticipated to exceed expenditures,
5the surplus shall be considered to be a resource available for
6expenditure in the budgeted fiscal year.
7    Expenditure estimates for the budgeted funds included in
8the State budget shall include the costs to be incurred by the
9State for the budgeted year, to be paid in the next fiscal
10year, excluding costs paid in the budgeted year which were
11carried over from the prior year, where the payment is
12authorized by Section 25 of the State Finance Act. For any
13budgeted fund for which expenditures are expected to exceed
14revenues in the current fiscal year, the deficit shall be
15considered as a use of funds in the budgeted fiscal year.
16    Revenues and expenditures shall also include transfers
17between funds that are based on revenues received or costs
18incurred during the budget year.
19    Appropriations for expenditures shall also include all
20anticipated statutory continuing appropriation obligations
21that are expected to be incurred during the budgeted fiscal
23    By March 15 of each year, the Commission on Government
24Forecasting and Accountability shall prepare revenue and fund
25transfer estimates in accordance with the requirements of this
26Section and report those estimates to the General Assembly and



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



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1members of the General Assembly and members of the public may
2make written budget recommendations to the Governor.
3    Beginning with budgets prepared for fiscal year 2013, the
4budgets submitted by the Governor and appropriations made by
5the General Assembly for all executive branch State agencies
6must adhere to a method of budgeting where each priority must
7be justified each year according to merit rather than according
8to the amount appropriated for the preceding year.
9(Source: P.A. 97-669, eff. 1-13-12; 97-813, eff. 7-13-12; 98-2,
10eff. 2-19-13.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.