Bill Text: IL HB3702 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the State Budget Law of the Civil Administrative Code of Illinois. Allows the Governor to submit the State budget and budget information electronically and publish it on a State website. Effective immediately.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3702 Detail]
Download: Illinois-2009-HB3702-Introduced.html
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| 1 | AN ACT concerning State government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The State Budget Law of the Civil Administrative | ||||||||||||||||||||||||||
| 5 | Code of Illinois is amended by changing Sections 50-5 and 50-10 | ||||||||||||||||||||||||||
| 6 | as follows:
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| 7 | (15 ILCS 20/50-5) (was 15 ILCS 20/38)
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| 8 | Sec. 50-5. Governor to submit State budget. The Governor | ||||||||||||||||||||||||||
| 9 | shall, as soon as
possible and not later than the third
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| 10 | Wednesday in March in 2009 (March 18, 2009) and the third
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| 11 | Wednesday in February of each year beginning in 2010, except as | ||||||||||||||||||||||||||
| 12 | otherwise provided in this Section, submit a
State budget, | ||||||||||||||||||||||||||
| 13 | embracing therein the amounts recommended by the Governor to be
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| 14 | appropriated to the respective departments, offices, and | ||||||||||||||||||||||||||
| 15 | institutions, and
for all other public purposes, the estimated | ||||||||||||||||||||||||||
| 16 | revenues from taxation, the
estimated revenues from sources | ||||||||||||||||||||||||||
| 17 | other than taxation, and an estimate of the
amount required to | ||||||||||||||||||||||||||
| 18 | be raised by taxation. As used in this Section, "submit" | ||||||||||||||||||||||||||
| 19 | includes the transmission of the budget in one or more | ||||||||||||||||||||||||||
| 20 | electronic files and publication on a website maintained by the | ||||||||||||||||||||||||||
| 21 | State of Illinois. The amounts recommended by the
Governor for | ||||||||||||||||||||||||||
| 22 | appropriation to the respective departments, offices and
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| 23 | institutions shall be formulated according to the various | ||||||||||||||||||||||||||
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| 1 | functions and
activities for which the respective department, | ||||||
| 2 | office or institution of
the State government (including the | ||||||
| 3 | elective officers in the executive
department and including the | ||||||
| 4 | University of Illinois and the judicial
department) is | ||||||
| 5 | responsible. The amounts relating to particular functions
and | ||||||
| 6 | activities shall be further formulated in accordance with the | ||||||
| 7 | object
classification specified in Section 13 of the State | ||||||
| 8 | Finance Act.
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| 9 | The Governor shall not propose expenditures and the General | ||||||
| 10 | Assembly shall
not enact appropriations that exceed the | ||||||
| 11 | resources estimated to be available,
as provided in this | ||||||
| 12 | Section.
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| 13 | For the purposes of Article VIII, Section 2 of the 1970
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| 14 | Illinois Constitution, the State budget for the following funds | ||||||
| 15 | shall be
prepared on the basis of revenue and expenditure | ||||||
| 16 | measurement concepts that are
in concert with generally | ||||||
| 17 | accepted accounting principles for governments:
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| 18 | (1) General Revenue Fund.
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| 19 | (2) Common School Fund.
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| 20 | (3) Educational Assistance Fund.
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| 21 | (4) Road Fund.
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| 22 | (5) Motor Fuel Tax Fund.
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| 23 | (6) Agricultural Premium Fund.
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| 24 | These funds shall be known as the "budgeted funds". The | ||||||
| 25 | revenue
estimates used in the State budget for the budgeted | ||||||
| 26 | funds shall include the
estimated beginning fund balance, plus
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| 1 | revenues estimated to be received during the budgeted year, | ||||||
| 2 | plus the estimated
receipts due the State as of June 30 of the | ||||||
| 3 | budgeted year that are expected to
be collected during the | ||||||
| 4 | lapse period following the budgeted year, minus the
receipts | ||||||
| 5 | collected during the first 2 months of the budgeted year that | ||||||
| 6 | became
due to the State in the year before the budgeted year. | ||||||
| 7 | Revenues shall also
include estimated federal reimbursements | ||||||
| 8 | associated with the recognition of
Section 25 of the State | ||||||
| 9 | Finance Act liabilities. For any budgeted fund
for which | ||||||
| 10 | current year revenues are anticipated to exceed expenditures, | ||||||
| 11 | the
surplus shall be considered to be a resource available for | ||||||
| 12 | expenditure in the
budgeted fiscal year.
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| 13 | Expenditure estimates for the budgeted funds included in | ||||||
| 14 | the State budget
shall include the costs to be incurred by the | ||||||
| 15 | State for the budgeted year,
to be paid in the next fiscal | ||||||
| 16 | year, excluding costs paid in the budgeted year
which were | ||||||
| 17 | carried over from the prior year, where the payment is | ||||||
| 18 | authorized by
Section
25 of the State Finance Act. For any | ||||||
| 19 | budgeted fund
for which expenditures are expected to exceed | ||||||
| 20 | revenues in the current fiscal
year, the deficit shall be | ||||||
| 21 | considered as a use of funds in the budgeted fiscal
year.
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| 22 | Revenues and expenditures shall also include transfers | ||||||
| 23 | between funds that are
based on revenues received or costs | ||||||
| 24 | incurred during the budget year.
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| 25 | By
March 15 of each year, the
Commission on Government | ||||||
| 26 | Forecasting and Accountability shall prepare
revenue and fund | ||||||
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| 1 | transfer estimates in accordance with the requirements of this
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| 2 | Section and report those estimates to the General Assembly and | ||||||
| 3 | the Governor.
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| 4 | For all funds other than the budgeted funds, the proposed | ||||||
| 5 | expenditures shall
not exceed funds estimated to be available | ||||||
| 6 | for the fiscal year as shown in the
budget. Appropriation for a | ||||||
| 7 | fiscal year shall not exceed funds estimated by
the General | ||||||
| 8 | Assembly to be available during that year.
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| 9 | (Source: P.A. 96-1, eff. 2-17-09.)
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| 10 | (15 ILCS 20/50-10) (was 15 ILCS 20/38.1)
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| 11 | Sec. 50-10. Budget contents. The budget shall be submitted | ||||||
| 12 | by
the
Governor with line item and program
data. The budget | ||||||
| 13 | shall also contain performance data presenting
an estimate for | ||||||
| 14 | the current fiscal year, projections for the
budget year, and | ||||||
| 15 | information for the 3 prior fiscal years
comparing department | ||||||
| 16 | objectives with actual accomplishments,
formulated according | ||||||
| 17 | to the various functions and activities,
and, wherever the | ||||||
| 18 | nature of the work admits, according to the
work units, for | ||||||
| 19 | which the respective departments, offices, and
institutions of | ||||||
| 20 | the State government (including the elective
officers in the | ||||||
| 21 | executive department and including the University
of Illinois | ||||||
| 22 | and the judicial department) are responsible.
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| 23 | For the fiscal
year beginning July 1, 1992 and for each | ||||||
| 24 | fiscal year thereafter, the budget
shall include the | ||||||
| 25 | performance measures of each department's accountability
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| 1 | report.
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| 2 | For the fiscal year beginning July 1, 1997 and for each
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| 3 | fiscal year thereafter, the budget shall include one or more | ||||||
| 4 | line items
appropriating moneys to the Department of Human | ||||||
| 5 | Services to
fund participation in the Home-Based Support | ||||||
| 6 | Services Program for Mentally
Disabled Adults under the | ||||||
| 7 | Developmental Disability and Mental Disability
Services Act by | ||||||
| 8 | persons described in Section 2-17 of that Act.
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| 9 | The budget
shall contain a capital development
section in | ||||||
| 10 | which the Governor will present (1) information on the capital
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| 11 | projects and capital programs for which appropriations are | ||||||
| 12 | requested,
(2) the capital spending plans, which shall document | ||||||
| 13 | the first
and subsequent years cash requirements by fund for | ||||||
| 14 | the proposed
bonded program, and (3) a statement that shall | ||||||
| 15 | identify by
year
the principal and interest costs until | ||||||
| 16 | retirement of the State's
general obligation debt. In addition, | ||||||
| 17 | the principal and interest
costs of the budget year program | ||||||
| 18 | shall be presented separately,
to indicate the marginal cost of | ||||||
| 19 | principal and interest payments
necessary to retire the | ||||||
| 20 | additional bonds needed to finance the
budget year's capital | ||||||
| 21 | program. In 2004 only, the capital development section of the | ||||||
| 22 | State budget shall be submitted by the Governor not later than | ||||||
| 23 | the fourth Tuesday of March (March 23, 2004).
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| 24 | For the budget year, the current
year, and 3 prior fiscal | ||||||
| 25 | years, the Governor shall also include
in the budget estimates | ||||||
| 26 | of or actual values for the assets and
liabilities for General | ||||||
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| 1 | Assembly Retirement System, State Employees'
Retirement System | ||||||
| 2 | of Illinois, State Universities Retirement System,
Teachers' | ||||||
| 3 | Retirement System of the State of Illinois, and Judges
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| 4 | Retirement System of Illinois.
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| 5 | The budget submitted by the Governor
shall contain, in | ||||||
| 6 | addition, in a separate document book, a tabulation of all
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| 7 | position and employment titles in each such department, office, | ||||||
| 8 | and
institution, the number of each, and the salaries for each,
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| 9 | formulated according to divisions, bureaus, sections, offices,
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| 10 | departments, boards, and similar subdivisions, which shall
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| 11 | correspond as nearly as practicable to the functions and | ||||||
| 12 | activities
for which the department, office, or institution is | ||||||
| 13 | responsible. The document may be transmitted with the budget as | ||||||
| 14 | a separate electronic file and published on the website on | ||||||
| 15 | which the State budget is published pursuant to Section 50-5 of | ||||||
| 16 | the State Budget Law of the Civil Administrative Code of | ||||||
| 17 | Illinois.
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| 18 | Together with the budget, the Governor shall transmit the
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| 19 | estimates of
receipts and expenditures, as received by the | ||||||
| 20 | Director
of the
Governor's Office of Management and Budget, of | ||||||
| 21 | the elective officers
in the executive and judicial departments | ||||||
| 22 | and
of the University of Illinois.
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| 23 | (Source: P.A. 93-662, eff. 2-11-04.)
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| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.
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