Public Act 097-0669
 
SB1609 EnrolledLRB097 09293 ASK 49428 b

    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 changing Section 50-5 as
follows:
 
    (15 ILCS 20/50-5)
    Sec. 50-5. Governor to submit State budget.
    (a) The Governor shall, as soon as possible and not later
than the second Wednesday in March in 2010 (March 10, 2010),
and the third Wednesday in February of each year beginning in
2011, the fourth Wednesday in February in 2012 (February 22,
2012), and the third Wednesday in February of each year
thereafter, except as otherwise provided in this Section,
submit a State budget, embracing therein the amounts
recommended by the Governor to be appropriated to the
respective departments, offices, and institutions, and for all
other public purposes, the estimated revenues from taxation,
and the estimated revenues from sources other than taxation.
Except with respect to the capital development provisions of
the State budget, beginning with the revenue estimates prepared
for fiscal year 2012, revenue estimates shall be based solely
on: (i) revenue sources (including non-income resources),
rates, and levels that exist as of the date of the submission
of the State budget for the fiscal year and (ii) revenue
sources (including non-income resources), rates, and levels
that have been passed by the General Assembly as of the date of
the submission of the State budget for the fiscal year and that
are authorized to take effect in that fiscal year. Except with
respect to the capital development provisions of the State
budget, the Governor shall determine available revenue, deduct
the cost of essential government services, including, but not
limited to, pension payments and debt service, and assign a
percentage of the remaining revenue to each statewide
prioritized goal, as established in Section 50-25 of this Law,
taking into consideration the proposed goals set forth in the
report of the Commission established under that Section. The
Governor shall also demonstrate how spending priorities for the
fiscal year fulfill those statewide goals. The amounts
recommended by the Governor for appropriation to the respective
departments, offices and institutions shall be formulated
according to each department's, office's, and institution's
ability to effectively deliver services that meet the
established statewide goals. The amounts relating to
particular functions and activities shall be further
formulated in accordance with the object classification
specified in Section 13 of the State Finance Act. In addition,
the amounts recommended by the Governor for appropriation shall
take into account each State agency's effectiveness in
achieving its prioritized goals for the previous fiscal year,
as set forth in Section 50-25 of this Law, giving priority to
agencies and programs that have demonstrated a focus on the
prevention of waste and the maximum yield from resources.
    Beginning in fiscal year 2011, the Governor shall
distribute written quarterly financial reports on operating
funds, which may include general, State, or federal funds and
may include funds related to agencies that have significant
impacts on State operations, and budget statements on all
appropriated funds to the General Assembly and the State
Comptroller. The reports shall be submitted no later than 45
days after the last day of each quarter of the fiscal year and
shall be posted on the Governor's Office of Management and
Budget's website on the same day. The reports shall be prepared
and presented for each State agency and on a statewide level in
an executive summary format that may include, for the fiscal
year to date, individual itemizations for each significant
revenue type as well as itemizations of expenditures and
obligations, by agency, with an appropriate level of detail.
The reports shall include a calculation of the actual total
budget surplus or deficit for the fiscal year to date. The
Governor shall also present periodic budget addresses
throughout the fiscal year at the invitation of the General
Assembly.
    The Governor shall not propose expenditures and the General
Assembly shall not enact appropriations that exceed the
resources estimated to be available, as provided in this
Section. Appropriations may be adjusted during the fiscal year
by means of one or more supplemental appropriation bills if any
State agency either fails to meet or exceeds the goals set
forth in Section 50-25 of this Law.
    For the purposes of Article VIII, Section 2 of the 1970
Illinois Constitution, the State budget for the following funds
shall be prepared on the basis of revenue and expenditure
measurement concepts that are in concert with generally
accepted accounting principles for governments:
        (1) General Revenue Fund.
        (2) Common School Fund.
        (3) Educational Assistance Fund.
        (4) Road Fund.
        (5) Motor Fuel Tax Fund.
        (6) Agricultural Premium Fund.
    These funds shall be known as the "budgeted funds". The
revenue estimates used in the State budget for the budgeted
funds shall include the estimated beginning fund balance, plus
revenues estimated to be received during the budgeted year,
plus the estimated receipts due the State as of June 30 of the
budgeted year that are expected to be collected during the
lapse period following the budgeted year, minus the receipts
collected during the first 2 months of the budgeted year that
became due to the State in the year before the budgeted year.
Revenues shall also include estimated federal reimbursements
associated with the recognition of Section 25 of the State
Finance Act liabilities. For any budgeted fund for which
current year revenues are anticipated to exceed expenditures,
the surplus shall be considered to be a resource available for
expenditure in the budgeted fiscal year.
    Expenditure estimates for the budgeted funds included in
the State budget shall include the costs to be incurred by the
State for the budgeted year, to be paid in the next fiscal
year, excluding costs paid in the budgeted year which were
carried over from the prior year, where the payment is
authorized by Section 25 of the State Finance Act. For any
budgeted fund for which expenditures are expected to exceed
revenues in the current fiscal year, the deficit shall be
considered as a use of funds in the budgeted fiscal year.
    Revenues and expenditures shall also include transfers
between funds that are based on revenues received or costs
incurred during the budget year.
    Appropriations for expenditures shall also include all
anticipated statutory continuing appropriation obligations
that are expected to be incurred during the budgeted fiscal
year.
    By March 15 of each year, the Commission on Government
Forecasting and Accountability shall prepare revenue and fund
transfer estimates in accordance with the requirements of this
Section and report those estimates to the General Assembly and
the Governor.
    For all funds other than the budgeted funds, the proposed
expenditures shall not exceed funds estimated to be available
for the fiscal year as shown in the budget. Appropriation for a
fiscal year shall not exceed funds estimated by the General
Assembly to be available during that year.
    (b) By February 24, 2010, the Governor must file a written
report with the Secretary of the Senate and the Clerk of the
House of Representatives containing the following:
        (1) for fiscal year 2010, the revenues for all budgeted
    funds, both actual to date and estimated for the full
    fiscal year;
        (2) for fiscal year 2010, the expenditures for all
    budgeted funds, both actual to date and estimated for the
    full fiscal year;
        (3) for fiscal year 2011, the estimated revenues for
    all budgeted funds, including without limitation the
    affordable General Revenue Fund appropriations, for the
    full fiscal year; and
        (4) for fiscal year 2011, an estimate of the
    anticipated liabilities for all budgeted funds, including
    without limitation the affordable General Revenue Fund
    appropriations, debt service on bonds issued, and the
    State's contributions to the pension systems, for the full
    fiscal year.
    Between July 1 and August 31 of each fiscal year, the
members of the General Assembly and members of the public may
make written budget recommendations to the Governor.
    Beginning with budgets prepared for fiscal year 2013, the
budgets submitted by the Governor and appropriations made by
the General Assembly for all executive branch State agencies
must adhere to a method of budgeting where each priority must
be justified each year according to merit rather than according
to the amount appropriated for the preceding year.
(Source: P.A. 96-1, eff. 2-17-09; 96-320, eff. 1-1-10; 96-881,
eff. 2-11-10; 96-958, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1529, eff. 2-16-11; 96-1531, eff. 2-16-11; revised
2-17-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.