Bill Text: IL HJRCA0048 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Proposes to amend the Legislature and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that the State budget shall be based on estimated revenue (now funds); defines "revenue". Provides that appropriations are expendable only during the fiscal year for which they were appropriated. Provides that no budget shall become law without the Comptroller's independent certification that the planned expenditures are less than or equal to the revenue estimates for the ensuing fiscal year. Provides that appropriations for the current fiscal may not exceed the average annual revenue collected for the 3 prior years, adjusted in proportion to changes in population and inflation. Provides that within 30 days of the enactment of the State budget for a fiscal year, the Comptroller must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year. Provides that the Comptroller may find at any time during the fiscal year that the State budget has become unbalanced and so report to the General Assembly. Provides that a special session of the General Assembly shall be convened within 10 days of receiving a report from the Comptroller to enact a new State budget. Makes a conforming amendment to the Legislature Article. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-05-03 - Tabled Pursuant to Rule 46 [HJRCA0048 Detail]

Download: Illinois-2013-HJRCA0048-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0048 Introduced 2/14/2014, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
ILCON Art. IV, Sec. 5
ILCON Art. VIII, Sec. 2
Proposes to amend the Legislature and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that the State budget shall be based on estimated revenue (now funds); defines "revenue". Provides that appropriations are expendable only during the fiscal year for which they were appropriated. Provides that no budget shall become law without the Comptroller's independent certification that the planned expenditures are less than or equal to the revenue estimates for the ensuing fiscal year. Provides that appropriations for the current fiscal may not exceed the average annual revenue collected for the 3 prior years, adjusted in proportion to changes in population and inflation. Provides that within 30 days of the enactment of the State budget for a fiscal year, the Comptroller must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year. Provides that the Comptroller may find at any time during the fiscal year that the State budget has become unbalanced and so report to the General Assembly. Provides that a special session of the General Assembly shall be convened within 10 days of receiving a report from the Comptroller to enact a new State budget. Makes a conforming amendment to the Legislature Article. Effective upon being declared adopted.
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HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption of
this resolution a proposition to amend Section 5 of Article IV
and Section 2 of Article VIII of the Illinois Constitution as
follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV, Sec. 5)
SECTION 5. SESSIONS
(a) The General Assembly shall convene each year on the
second Wednesday of January. The General Assembly shall be a
continuous body during the term for which members of the House
of Representatives are elected.
(b) The Governor may convene the General Assembly or the
Senate alone in special session by a proclamation stating the
purpose of the session; and only business encompassed by such
purpose, together with any impeachments or confirmation of
appointments shall be transacted. Special sessions of the

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General Assembly may also be convened by joint proclamation of
the presiding officers of both houses, issued as provided by
law, or as provided in subsection (c) of Section 2 of Article
VIII.
(c) Sessions of each house of the General Assembly and
meetings of committees, joint committees and legislative
commissions shall be open to the public. Sessions and committee
meetings of a house may be closed to the public if two-thirds
of the members elected to that house determine that the public
interest so requires; and meetings of joint committees and
legislative commissions may be so closed if two-thirds of the
members elected to each house so determine.
(Source: Illinois Constitution.)
ARTICLE VIII
FINANCE
(ILCON Art. VIII, Sec. 2)
SECTION 2. STATE FINANCE
(a) The Governor shall prepare and submit to the General
Assembly, at a time prescribed by law, a State budget for the
ensuing fiscal year. The budget shall set forth the estimated
balance of revenue funds available for appropriation at the
beginning of the fiscal year, the estimated receipts, and a
plan for expenditures and obligations during the fiscal year of
every department, authority, public corporation and

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quasi-public corporation of the State, every State college and
university, and every other public agency created by the State,
but not of units of local government or school districts. The
budget shall also set forth the indebtedness and contingent
liabilities of the State and such other information as may be
required by law. Proposed expenditures shall not exceed funds
estimated to be available for the fiscal year as shown in the
budget. Deficits shall not be carried forward from one fiscal
year into the following fiscal year. In the event, after
enactment of the State budget, revised estimates of expected
revenues or expenditures, or both, show that expenditures will
exceed estimated revenues, adjustments shall be made as
necessary to revenues or expenditures, or both, to ensure that
actual expenditures do not exceed actual revenues for that
fiscal year. "Revenue" means receipts from taxes and fees;
"revenue" does not include incurring debt, refinancing
existing debt, or fund sweeps. No budget shall take effect
unless: (i) the budget adheres to the spending limit set forth
in this Section; and (ii) the Comptroller independently
certifies that the planned expenditures in the budget are less
than or equal to the balance of revenue estimated to be
available by the General Assembly. Programmatic appropriations
shall not be less than the amount required by State or federal
law.
(b) The General Assembly by law shall make appropriations
for all expenditures of public funds by the State.

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Appropriations for a fiscal year shall not exceed the average
annual revenue collected for the 3 prior years, adjusted in
proportion to changes in population and inflation. All
appropriations are expendable only during the fiscal year for
which they were appropriated. Any lapse period spending shall
not exceed the previous end-of-year budget balance. Current
revenues shall not be used to pay for previous fiscal year
lapse period spending. funds estimated by the General Assembly
to be available during that year.
(c)(1) Within 30 days of the enactment of the law or laws
comprising the State budget for a fiscal year, the Comptroller
must certify whether the enacted budget will be balanced with
expenses not exceeding funds estimated by the General Assembly
to be available during that year pursuant to subsection (b).
(2) Within 10 days after the certification by the
Comptroller that the budget is not balanced, the General
Assembly must convene to address the State budget and enact
a new State budget. If a special session is not convened by
the Governor or the General Assembly by proclamation by the
tenth day, the declaration by the Comptroller under this
paragraph (2) shall operate to convene the General Assembly
in special session on the tenth day. Upon the enactment of
the law or laws comprising the new State budget, the
Comptroller must certify whether the new State budget will
be balanced with expenses not exceeding expected revenue.
(3) If the Comptroller finds at any time during the

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fiscal year that the State budget has become unbalanced,
the procedure in paragraph (2) must be followed to create a
balanced budget for the remainder of the fiscal year.
(Source: Illinois Constitution.)
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.