Bill Text: IL HJRCA0059 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Proposes to amend the Finance Article of the Illinois Constitution. Beginning in Fiscal Year 2014, limits aggregate appropriations and transfers from the State's general funds in a fiscal year to the aggregate appropriations and transfers in the previous fiscal year, as adjusted by the 5-year average annual change in per capita personal income. Allows the Governor to declare a fiscal emergency. If the Comptroller and Treasurer concur in the Governor's declaration, then the General Assembly, by a three-fifths vote, may authorize appropriations and transfers by law that exceed the limitation. Requires excess revenues to be deposited into budget stabilization funds, and allows certain excess funds to be refunded. Effective upon being declared adopted.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-11-30 - Added Co-Sponsor Rep. Monique D. Davis [HJRCA0059 Detail]

Download: Illinois-2009-HJRCA0059-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0059 Introduced , by Rep. Keith Farnham SYNOPSIS AS INTRODUCED:
ILCON Art. VIII, Sec. 2.1 new
Proposes to amend the Finance Article of the Illinois Constitution. Beginning in Fiscal Year 2014, limits aggregate appropriations and transfers from the State's general funds in a fiscal year to the aggregate appropriations and transfers in the previous fiscal year, as adjusted by the 5-year average annual change in per capita personal income. Allows the Governor to declare a fiscal emergency. If the Comptroller and Treasurer concur in the Governor's declaration, then the General Assembly, by a three-fifths vote, may authorize appropriations and transfers by law that exceed the limitation. Requires excess revenues to be deposited into budget stabilization funds, and allows certain excess funds to be refunded. Effective upon being declared adopted.
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A BILL FOR
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HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-SIXTH 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 add Section 2.1 to Article
VIII of the Illinois Constitution as follows:
ARTICLE VIII
FINANCE
(ILCON Art. VIII, Sec. 2.1 new)
SECTION 2.1. LIMITATIONS ON APPROPRIATIONS AND TRANSFERS
(a) For the fiscal year ending in 2014 and each fiscal year
thereafter, aggregate appropriations and transfers from the
general funds are limited as provided in this Section. "General
funds" include the general revenue fund and any other funds
designated by the General Assembly by law making specific
reference to this Section. "Appropriations and transfers" do
not include (i) reappropriations from a previous fiscal year,
(ii) those made for debt service payments, and (iii) those made
to a budget stabilization fund.
(b) Aggregate fiscal year appropriations and transfers

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from the general funds may not exceed the limitation amount.
The limitation amount is the aggregate amount of appropriations
and transfers from the general funds in the previous fiscal
year, including increased amounts under subsection (c), as
adjusted. The adjustment is the average annual percentage
change in the average per capita personal income for Illinois
for the five most recent calendar years for which data is
available, as defined and reported by the United States
Department of Commerce, or its successor.
(c) The Governor may declare a fiscal emergency by filing a
declaration with the Secretary of State and copies with the
Senate and House of Representatives. The declaration must be
limited to only one State fiscal year, set forth compelling
reasons for declaring a fiscal emergency, and request that the
limitation amount for that fiscal year be increased by a
specific dollar amount. If the Comptroller and Treasurer advise
the General Assembly that they concur in the Governor's
declaration, then by a record vote of three-fifths of the
members elected in each house, the General Assembly by law may
authorize increased appropriations and transfers in a specific
dollar amount that is no more than the increased amount
requested by the Governor in the declaration.
(d) If the general funds revenues for a fiscal year exceed
the limitation amount for that fiscal year, then those excess
revenues must be deposited into one or more budget
stabilization funds. A budget stabilization fund must be

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designated by law making specific reference to this Section or,
in the absence of law, by the Comptroller. If the aggregate
unexpended and unobligated amount in the budget stabilization
funds at the end of a fiscal year exceeds an amount equal to
ten percent of the limitation amount for that fiscal year, then
that excess shall be refunded in a manner and in amounts
determined by the General Assembly by law.
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.