State of Illinois
91st General Assembly

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 1        AN ACT to amend the Civil Administrative Code of Illinois
 2    by changing Section 38.

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

 5        Section 5.  The Civil Administrative Code of Illinois  is
 6    amended by changing Section 38 as follows:

 7        (15 ILCS 20/38) (from Ch. 127, par. 38)
 8        Sec.  38. The Governor shall, as soon as possible and not
 9    later than the third  Wednesday  in  February  of  each  year
10    beginning  in  1998, submit a State budget, embracing therein
11    the amounts recommended by him  to  be  appropriated  to  the
12    respective  departments,  offices,  and institutions, and for
13    all  other  public  purposes,  the  estimated  revenues  from
14    taxation, the estimated  revenues  from  sources  other  than
15    taxation, and an estimate of the amount required to be raised
16    by  taxation.   The  amounts  recommended by the Governor for
17    appropriation to  the  respective  departments,  offices  and
18    institutions  shall  be  formulated  according to the various
19    functions and activities for which the respective department,
20    office or institution of the State government (including  the
21    elective  officers  in the executive department and including
22    the University of Illinois and the  judicial  department)  is
23    responsible. The amounts relating to particular functions and
24    activities shall be further formulated in accordance with the
25    object  classification  specified  in Section 13 of the State
26    Finance Act.
27        The Governor  shall  not  propose  expenditures  and  the
28    General  Assembly  shall not enact appropriations that exceed
29    the resources estimated to be available, as provided in  this
30    Section.
31        Beginning  July  1, 2000, no public funds may be expended
                            -2-                LRB9100115JMdv
 1    without appropriation except as provided by law.
 2        For the purposes of Article VIII, Section 2 of  the  1970
 3    Illinois  Constitution,  the  State  budget for the following
 4    funds  shall  be  prepared  on  the  basis  of  revenue   and
 5    expenditure  measurement  concepts  that  are in concert with
 6    generally accepted accounting principles for governments:
 7        (1)  General Revenue Fund
 8        (2)  Common School Fund
 9        (3)  Educational Assistance Fund
10        (4)  Road Fund
11        (5)  Motor Fuel Tax Fund
12        (6)  Agricultural Premium Fund
13        These funds shall be known as the "budgeted funds".   The
14    revenue  estimates  used in the State budget for the budgeted
15    funds shall include the  estimated  beginning  fund  balance,
16    plus  revenues  estimated  to be received during the budgeted
17    year, plus the estimated receipts due the State as of June 30
18    of the budgeted year that are expected to be collected during
19    the lapse period  following  the  budgeted  year,  minus  the
20    receipts  collected during the first 2 months of the budgeted
21    year that became due to the State  in  the  year  before  the
22    budgeted year.  Revenues shall also include estimated federal
23    reimbursements  associated with the recognition of Section 25
24    of the State Finance Act liabilities.  For any budgeted  fund
25    for  which  current  year  revenues are anticipated to exceed
26    expenditures,  the  surplus  shall  be  considered  to  be  a
27    resource available for expenditure  in  the  budgeted  fiscal
28    year.
29        Expenditure  estimates for the budgeted funds included in
30    the State budget shall include the costs to  be  incurred  by
31    the  State  for  the  budgeted  year,  to be paid in the next
32    fiscal year, excluding costs paid in the budgeted year  which
33    were  carried  over from the prior year, where the payment is
34    authorized by Section 25 of the State Finance Act.   For  any
                            -3-                LRB9100115JMdv
 1    budgeted  fund  for which expenditures are expected to exceed
 2    revenues in the current fiscal year,  the  deficit  shall  be
 3    considered as a use of funds in the budgeted fiscal year.
 4        Revenues  and  expenditures  shall also include transfers
 5    between funds that are based on revenues  received  or  costs
 6    incurred during the budget year.
 7        By  March  15  of  each  year,  the  Economic  and Fiscal
 8    Commission shall prepare revenue and fund transfer  estimates
 9    in  accordance  with  the  requirements  of  this Section and
10    report those  estimates  to  the  General  Assembly  and  the
11    Governor.
12        For all funds other than the budgeted funds, the proposed
13    expenditures shall not exceed funds estimated to be available
14    for  the  fiscal  year as shown in the budget.  Appropriation
15    for a fiscal year shall not exceed  funds  estimated  by  the
16    General Assembly to be available during that year.
17    (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)

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