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| Public Act 093-0662 |
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AN ACT concerning the executive branch.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Budget Law of the Civil Administrative | ||||
Code of Illinois is amended by changing Sections 50-5 and 50-10 | ||||
as follows:
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(15 ILCS 20/50-5) (was 15 ILCS 20/38)
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Sec. 50-5. Governor to submit State budget. The Governor | ||||
shall, as soon as
possible and not later than the second | ||||
Wednesday in April in 2003 and the third
Wednesday in February | ||||
of each year beginning in 2004, 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, | ||||
the
estimated revenues from sources other than taxation, and an | ||||
estimate of the
amount required to be raised by taxation. In | ||||
2004 only, the Governor shall submit the capital development | ||||
section of the State budget not later than the fourth Tuesday | ||||
of March (March 23, 2004). The amounts recommended by the
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Governor for appropriation to the respective departments, | ||||
offices and
institutions shall be formulated according to the | ||||
various functions and
activities for which the respective | ||||
department, office or institution of
the State government | ||||
(including the elective officers in the executive
department | ||||
and including the University of Illinois and the judicial
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department) is responsible. 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.
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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.
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For the purposes of Article VIII, Section 2 of the 1970
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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:
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(1) General Revenue Fund.
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(2) Common School Fund.
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(3) Educational Assistance Fund.
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(4) Road Fund.
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(5) Motor Fuel Tax Fund.
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(6) Agricultural Premium Fund.
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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
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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.
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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.
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Revenues and expenditures shall also include transfers | ||
between funds that are
based on revenues received or costs | ||
incurred during the budget year.
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By
March 15 of each year, the Economic and Fiscal | ||
Commission 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.
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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.
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(Source: P.A. 93-1, eff. 2-6-03.)
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(15 ILCS 20/50-10) (was 15 ILCS 20/38.1)
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Sec. 50-10. Budget contents. The budget shall be submitted | ||
by
the
Governor with line item and program
data. The budget | ||
shall also contain performance data presenting
an estimate for | ||
the current fiscal year, projections for the
budget year, and | ||
information for the 3 prior fiscal years
comparing department | ||
objectives with actual accomplishments,
formulated according | ||
to the various functions and activities,
and, wherever the | ||
nature of the work admits, according to the
work units, for | ||
which the respective departments, offices, and
institutions of | ||
the State government (including the elective
officers in the | ||
executive department and including the University
of Illinois | ||
and the judicial department) are responsible.
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For the fiscal
year beginning July 1, 1992 and for each | ||
fiscal year thereafter, the budget
shall include the | ||
performance measures of each department's accountability
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report.
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For the fiscal year beginning July 1, 1997 and for each
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fiscal year thereafter, the budget shall include one or more | ||
line items
appropriating moneys to the Department of Human | ||
Services to
fund participation in the Home-Based Support | ||
Services Program for Mentally
Disabled Adults under the | ||
Developmental Disability and Mental Disability
Services Act by | ||
persons described in Section 2-17 of that Act.
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The budget
shall contain a capital development
section in | ||
which the Governor will present (1) information on the capital
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projects and capital programs for which appropriations are | ||
requested,
(2) the capital spending plans, which shall document | ||
the first
and subsequent years cash requirements by fund for | ||
the proposed
bonded program, and (3) a statement that shall | ||
identify by
year
the principal and interest costs until | ||
retirement of the State's
general obligation debt. In addition, | ||
the principal and interest
costs of the budget year program | ||
shall be presented separately,
to indicate the marginal cost of | ||
principal and interest payments
necessary to retire the | ||
additional bonds needed to finance the
budget year's capital | ||
program. In 2004 only, the capital development section of the | ||
State budget shall be submitted by the Governor not later than | ||
the fourth Tuesday of March (March 23, 2004).
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For the budget year, the current
year, and 3 prior fiscal | ||
years, the Governor shall also include
in the budget estimates | ||
of or actual values for the assets and
liabilities for General | ||
Assembly Retirement System, State Employees'
Retirement System | ||
of Illinois, State Universities Retirement System,
Teachers' | ||
Retirement System of the State of Illinois, and Judges
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Retirement System of Illinois.
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The budget submitted by the Governor
shall contain, in | ||
addition, in a separate book, a tabulation of all
position and | ||
employment titles in each such department, office, and
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institution, the number of each, and the salaries for each,
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formulated according to divisions, bureaus, sections, offices,
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departments, boards, and similar subdivisions, which shall
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correspond as nearly as practicable to the functions and | ||
activities
for which the department, office, or institution is | ||
responsible.
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Together with the budget, the Governor shall transmit the
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estimates of
receipts and expenditures, as received by the | ||
Director
of the
Governor's Office of Management and Budget
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Bureau of the Budget, of the elective officers
in the executive | ||
and judicial departments and
of the University of Illinois.
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(Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)
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Section 10. The Governor's Office of Management and Budget | ||
Act is amended by changing Section 2.5 as follows:
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(20 ILCS 3005/2.5) (from Ch. 127, par. 412.5)
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Sec. 2.5. Effective January 1, 1980, to require the | ||
preparation and
submission of an annual long-range capital | ||
expenditure plan for all State
agencies. Such Capital Plan | ||
shall detail each project for each of the
following 3 fiscal | ||
years, including the project cost in current dollar
amounts, | ||
the future maintenance costs for the completed project, the
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anticipated life expectancy of the project and the impact the | ||
project will
have on the annual operating budget for the | ||
agency. Each State agency's
annual capital plan shall include | ||
energy conservation projects intended to
reduce energy costs to | ||
the greatest extent possible in those agency's
buildings and | ||
facilities included in the capital plan. Each State agency's
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annual capital plan shall be submitted to the Office no later
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than January
15th of each year. A summary of all capital plans | ||
and future needs
assessments shall be included in the | ||
Governor's Budget Request and the
detail of the capital plans | ||
shall be delivered to the Chairmen and Minority
Spokesmen of | ||
the House and Senate Appropriations Committees
and the
Illinois | ||
Economic and Fiscal Commission
on the date of the Governor's
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Budget Address to the General Assembly; except that, in 2004 | ||
only, the summary and detail shall be delivered not later than | ||
the fourth Tuesday in March (March 23, 2004).
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(Source: P.A. 93-25, eff. 6-20-03.)
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Section 15. The State Finance Act is amended by changing | ||
Section 13.4 as follows:
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(30 ILCS 105/13.4) (from Ch. 127, par. 149.4)
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Sec. 13.4. All appropriations recommended to the General | ||
Assembly by the
Governor in the State Budget submitted pursuant | ||
to Section 50-5 of the
State Budget Law (15 ILCS 20/50-5) shall | ||
be incorporated into and
prepared as one or more appropriation | ||
bills which shall either be
introduced in the General Assembly | ||
or submitted to the legislative
leaders of both the Senate and | ||
the House of Representatives not later
than 2 session days | ||
after the submission of the Governor's budget
recommendations, | ||
as provided in Section 50-5 of the State Budget Law of the | ||
Civil Administrative Code of Illinois, immediately preceding | ||
the start of the fiscal year for
which the Budget is | ||
recommended.
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(Source: P.A. 91-239, eff. 1-1-00.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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