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91_HB0079 LRB9100512JMpk 1 AN ACT in relation to the contents of the State budget, 2 amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Short title. This Act may be cited as the 6 Illinois Open Budgets Act. 7 Section 5. State Budget. On the first Wednesday in 8 March of each year, the Governor shall present to the General 9 Assembly a document to be known as the State budget. The 10 budget shall set forth for the ensuing fiscal year the 11 estimated balance of funds available for appropriation at the 12 beginning of the fiscal year, the estimated revenue from all 13 sources during the fiscal year, and a complete financial plan 14 for every department, agency, office, authority, State 15 college and university, and public and quasi-public 16 corporation and for all other public purposes for the fiscal 17 year. The budget shall not contain any recommendation that 18 moneys be appropriated from any portion of the estimated 19 available balance in the general funds of the State at the 20 beginning of the fiscal year that is less than the amount of 21 estimated spending under Section 25 of the State Finance Act. 22 The budget may not contain any recommendation that moneys be 23 appropriated so as to exceed estimated revenue for the fiscal 24 year, as determined under the Illinois Constitution and all 25 applicable Illinois statutes. 26 Section 10. Contents of the Budget. The budget shall be 27 prepared in the form and manner, and shall have the character 28 and scope, described in this Section. The budget shall 29 consist of 4 parts, the contents of which shall be as 30 follows: -2- LRB9100512JMpk 1 (1) Budget Overview. The budget overview shall provide a 2 summary of the budget, as it contains the Governor's fiscal 3 priorities for the State. The overview shall contain a full 4 and accurate description of any new programs, changes in 5 existing programs, new taxes or revenue sources, changes in 6 existing taxes and revenue sources, and other significant 7 changes in the fiscal policy of the State. The overview 8 shall contain tables reconciling aggregate estimates of 9 proposed revenues and expenditures. The overview shall 10 include a plan for meeting any deficit, whether by imposition 11 of new taxes, increased rates on existing taxes, imposition 12 of user fees, or other means. The overview shall include a 13 statement that the budget complies with the requirements of 14 the Illinois Constitution and all applicable Illinois 15 statutes. 16 (2) Budget Detail. Budget detail shall include the 17 following: 18 (a) Expenditure Plan. The budget shall contain the 19 Governor's plan for meeting all the expenditure needs of 20 the State for the fiscal year. The expenditure plan 21 shall contain the Governor's recommended appropriations 22 to every department, agency, office, authority, State 23 college and university, and public and quasi-public 24 corporation and for all other public purposes for the 25 fiscal year. The plan shall include summary tables 26 showing recommended appropriations by fund and major 27 object classification as described in Section 13 of the 28 State Finance Act. The plan shall include detailed 29 tables showing recommended appropriations by fund and 30 line item. The plan shall compare the recommended 31 appropriation for every line item with actual 32 expenditures for the last completed fiscal year and 33 estimated expenditures for the fiscal year in progress. 34 (b) Accountability Reports. The budget shall -3- LRB9100512JMpk 1 include an accountability report for every department, 2 agency, office, authority, State college and university, 3 and public and quasi-public corporation to which State 4 funds are appropriated for the last completed fiscal 5 year. The accountability reports shall be prepared in 6 the form and manner prescribed by the Director of the 7 Bureau of the Budget, and shall be submitted to the 8 Bureau at times designated by the Director. The reports 9 shall measure each department's performance based on 10 criteria, goals, and objectives established by the 11 department with the oversight and assistance of the 12 Bureau of the Budget, and shall include any 13 recommendations made by the Budget Advisory Panel or the 14 Auditor General. The primary objective of the reports 15 shall be to provide a full and complete accounting of the 16 cost of delivering services through the programs 17 administered by each department, including all activities 18 that contribute to that cost. 19 (c) Financial Statement. The budget shall include 20 a financial statement that describes in detail the 21 financial position of the State, and the estimated 22 revenue of the State during the budget year. The 23 statement shall include: 24 (i) An analysis of estimated revenue for the 25 budget year, classified according to sources and 26 funds, and compared to actual revenue received 27 during the last completed fiscal year and estimated 28 revenue for the fiscal year in progress. 29 (ii) An analysis of every appropriated fund in 30 the State treasury, including the budgetary balance 31 for the most recently completed fiscal year, the 32 estimated budgetary balance for the fiscal year in 33 progress, and the projected budgetary balance for 34 the budget year if the Governor's budget is adopted. -4- LRB9100512JMpk 1 (iii) A full and accurate accounting of 2 deferred obligations for all programs having a 3 definable base of claims or cases and all estimated 4 expenditures under Section 25 of the State Finance 5 Act for the fiscal year last completed, the fiscal 6 year in progress, and the budget year. 7 (iv) An analysis of the indebtedness of the 8 State, including all direct and indirect bonded 9 indebtedness and any lease or installment purchase 10 agreements over $250,000 with a term greater than 5 11 years. 12 (v) A statement of federal funds estimated to 13 be received during the budget year, and an analysis 14 of the programs for which the funds shall be used 15 and the amount of State revenue required to 16 implement the programs. 17 (d) Position and Employment Titles. The budget 18 shall include a table of position and employment titles 19 in each agency, including: the number of employees 20 having each title, the salary range for each title, and 21 the total salaries paid to employees having each title. 22 (e) Statistical and Economic Data. The budget 23 shall include such statistical and economic data as may 24 be necessary to document the underlying assumptions on 25 which the budget is based, and any other information the 26 Governor may deem necessary. 27 (3) Capital Development Plan. The budget shall include a 28 capital development plan containing the following information 29 on each capital project and program for which appropriations 30 are requested in the budget year or planned for the 31 subsequent 5 fiscal years: 32 (i) a description of overall purpose and need; 33 (ii) itemized costs of acquisition, lease, 34 construction, renovation, demolition, or other factors; -5- LRB9100512JMpk 1 (iii) a description of the means and source of 2 funding; 3 (iv) estimated operating and maintenance costs 4 after completion, and a description of a plan for meeting 5 these costs; 6 (v) a full and complete examination of alternative 7 financing mechanisms; 8 (vi) a full and complete examination of alternative 9 approaches to meeting the overall purpose or need; 10 (vii) a cost-benefit analysis of the project or 11 program in comparison with alternative financing 12 mechanisms and alternative approaches; and 13 (viii) a priority listing of projects and programs, 14 based on these factors. 15 The capital development plan shall document all cash 16 requirements and identify the principal and interest costs of 17 each project and program in the first and each subsequent 18 fiscal year. The plan shall also provide a detailed review of 19 current and completed capital projects, identifying public 20 improvements that should be sold, demolished, or otherwise 21 eliminated. 22 (4) Pension Funding Plan. The pension funding plan shall 23 contain the estimates or actual values of the assets and 24 liabilities of the General Assembly Retirement System, State 25 Employees' Retirement System of Illinois, State Universities 26 Retirement System, Teachers' Retirement System of the State 27 of Illinois, and Judges Retirement System of Illinois for the 28 last completed fiscal year, the fiscal year in progress, and 29 the budget year. The plan shall present a full and accurate 30 accounting of all obligations of each pension system, 31 including funding requirements under the Illinois Pension 32 Code and the amount that would be required to meet normal 33 cost plus interest on the unfunded liability, and set forth a 34 plan for funding those obligations in the budget year and -6- LRB9100512JMpk 1 subsequent fiscal years. 2 Section 15. Uniform Budget Request Forms. By January 1 3 of each year, every department, agency, office, authority, 4 State college and university, and public and quasi-public 5 corporation shall submit a budget request for the ensuing 6 fiscal year to the Director of the Bureau of the Budget, the 7 4 legislative leaders, the Comptroller, and the Auditor 8 General. The estimates shall be provided on Uniform Budget 9 Request Forms prepared and supplied by the Director and 10 approved by the Open Budgets Conference. 11 Beginning January 1, 2000, all agencies shall submit 12 Uniform Budget Request Forms on diskette, in a manner and 13 format approved by the Open Budgets Conference. 14 Beginning January 1, 2001, all agencies shall submit 15 within their Unified Budget Request the accountability report 16 required by subdivision (2)(b) of Section 10 and a mission 17 statement setting forth the priorities of the agency, based 18 on the accountability report. 19 Section 20. Revenue Estimates. By January 15 of each 20 year, the Director of the Bureau of the Budget and the 21 Executive Director of the Illinois Economic and Fiscal 22 Commission shall submit a revenue estimate to the 4 leaders 23 of the General Assembly, the Comptroller, the Auditor 24 General, and the Illinois Balanced Budget Commission. The 25 revenue estimate shall include total income of the State for 26 the ensuing fiscal year, classified according to source and 27 fund, and compared with income actually received during the 28 last completed fiscal year and the estimated income to be 29 received during the fiscal year in progress. The revenue 30 estimate shall be accompanied by such statistical and 31 economic data as may be necessary to document the underlying 32 assumptions on which the estimate is based. -7- LRB9100512JMpk 1 Section 25. Recommended Appropriations. The Governor 2 shall submit to the General Assembly, simultaneously with the 3 budget, the appropriations recommended in the budget. The 4 Governor's recommended appropriations shall be prepared in 5 the form and manner, and shall have the character and scope, 6 described in this Section. The Governor's recommended 7 appropriations shall consist of 2 parts, the contents of 8 which shall be as follows: 9 (1) The Budget Bill. The Governor shall submit a 10 summary appropriation bill to be known as the Budget 11 Bill. The Budget Bill shall contain the total 12 recommended appropriations for every department, agency, 13 office, authority, State college and university, and 14 public and quasi-public corporation and for all other 15 public purposes for the fiscal year, categorized by fund. 16 The Budget Bill shall also contain a total of all 17 recommended appropriations, categorized by fund. The 18 total of all recommended appropriations from each fund 19 contained in the Budget Bill shall not exceed estimated 20 revenue for the fiscal year, as determined under the 21 Illinois Constitution and all applicable Illinois 22 statutes. 23 (2) Appropriation Bills. The Governor shall submit 24 one or more appropriation bills for each Code Department 25 and State college or university and one or more 26 appropriation bills containing all other recommended 27 appropriations. The appropriation bills shall contain 28 the appropriations recommended in the budget in line item 29 detail. The total amount of appropriations from any fund 30 for each department, agency, office, authority, State 31 college and university, and public and quasi-public 32 corporation and for all other public purposes contained 33 in one or more appropriation bills shall not be greater 34 than the amount contained in the Budget Bill for that -8- LRB9100512JMpk 1 agency. 2 The Governor shall submit recommended appropriations for 3 fiscal year 2001 and subsequent fiscal years both in printed 4 form and on diskette, in a manner and format approved by the 5 Open Budgets Conference. 6 Section 30. Budget Advisory Panel. There is created a 7 Budget Advisory Panel, consisting of 10 representatives of 8 private business and industry appointed 2 each by the 9 Governor, President and Minority Leader of the Senate, and 10 Speaker and Minority Leader of the House of Representatives. 11 Any individuals who were members of the Budget Advisory Panel 12 created under Section 38.2 of the Civil Administrative Code 13 of Illinois at the time of that Section's repeal shall 14 automatically become members of the Budget Advisory Panel 15 created under this Section. The Budget Advisory Panel shall 16 aid the Bureau of the Budget in the establishment of the 17 criteria, goals, and objectives by State agencies for use in 18 measuring their performance in accountability reports 19 required by subdivision (2)(b) of Section 10. The Budget 20 Advisory Panel shall also assist the Bureau of the Budget in 21 reviewing accountability reports and assessing the 22 effectiveness of each agency's performance measures. The 23 Budget Advisory Panel shall submit to the Bureau of the 24 Budget a report of its activities and recommendations for 25 changes in accountability reports no later than September 1 26 of each year. 27 The Director of the Bureau of the Budget shall select not 28 more than 3 State agencies for a pilot program implementing 29 accountability reports for budget requests for the fiscal 30 year 2001. Each of the agencies selected shall submit 31 accountability reports with their Unified Budget Request 32 Forms for that fiscal year. -9- LRB9100512JMpk 1 Section 35. Open Budgets Conference. The Open Budgets 2 Conference is created, consisting of the Director of the 3 Bureau of the Budget and the Governor, Comptroller, Auditor 4 General, President of the Senate, Senate Minority Leader, 5 Speaker of the House, and House Minority Leader, or their 6 designees. The Conference shall meet from time to time as 7 necessary to fulfill its duties. By September 1, 1999, the 8 Conference shall approve Unified Budget Request Forms and 9 provide an approved format for agencies to submit the forms 10 on diskette. By January 1, 2000, the Conference shall 11 approve a format for the Governor to submit recommended 12 appropriations on diskette. 13 Section 40. Review by Auditor General. The Auditor 14 General shall review, simultaneously with financial and 15 compliance audits, the accountability reports of every 16 agency, and make recommendations for improving the reports. 17 (15 ILCS 20/38 rep.) 18 (15 ILCS 20/38.1 rep.) 19 (15 ILCS 20/38.2 rep.) 20 Section 990. The Civil Administrative Code of Illinois 21 is amended by repealing Sections 38, 38.1, and 38.2. 22 (30 ILCS 105/13.4 rep.) 23 Section 995. The State Finance Act is amended by 24 repealing Section 13.4. 25 Section 999. Effective date. This Act takes effect upon 26 becoming law.