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91_HB2781
LRB9100115JMdv
1 AN ACT to amend the Civil Administrative Code of Illinois
2 by changing Section 38.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Section 38 as follows:
7 (15 ILCS 20/38) (from Ch. 127, par. 38)
8 Sec. 38. The Governor shall, as soon as possible and not
9 later than the third Wednesday in February of each year
10 beginning in 1998, submit a State budget, embracing therein
11 the amounts recommended by him to be appropriated to the
12 respective departments, offices, and institutions, and for
13 all other public purposes, the estimated revenues from
14 taxation, the estimated revenues from sources other than
15 taxation, and an estimate of the amount required to be raised
16 by taxation. The amounts recommended by the Governor for
17 appropriation to the respective departments, offices and
18 institutions shall be formulated according to the various
19 functions and activities for which the respective department,
20 office or institution of the State government (including the
21 elective officers in the executive department and including
22 the University of Illinois and the judicial department) is
23 responsible. The amounts relating to particular functions and
24 activities shall be further formulated in accordance with the
25 object classification specified in Section 13 of the State
26 Finance Act.
27 The Governor shall not propose expenditures and the
28 General Assembly shall not enact appropriations that exceed
29 the resources estimated to be available, as provided in this
30 Section.
31 Beginning July 1, 2000, no public funds may be expended
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1 without appropriation except as provided by law.
2 For the purposes of Article VIII, Section 2 of the 1970
3 Illinois Constitution, the State budget for the following
4 funds shall be prepared on the basis of revenue and
5 expenditure measurement concepts that are in concert with
6 generally accepted accounting principles for governments:
7 (1) General Revenue Fund
8 (2) Common School Fund
9 (3) Educational Assistance Fund
10 (4) Road Fund
11 (5) Motor Fuel Tax Fund
12 (6) Agricultural Premium Fund
13 These funds shall be known as the "budgeted funds". The
14 revenue estimates used in the State budget for the budgeted
15 funds shall include the estimated beginning fund balance,
16 plus revenues estimated to be received during the budgeted
17 year, plus the estimated receipts due the State as of June 30
18 of the budgeted year that are expected to be collected during
19 the lapse period following the budgeted year, minus the
20 receipts collected during the first 2 months of the budgeted
21 year that became due to the State in the year before the
22 budgeted year. Revenues shall also include estimated federal
23 reimbursements associated with the recognition of Section 25
24 of the State Finance Act liabilities. For any budgeted fund
25 for which current year revenues are anticipated to exceed
26 expenditures, the surplus shall be considered to be a
27 resource available for expenditure in the budgeted fiscal
28 year.
29 Expenditure estimates for the budgeted funds included in
30 the State budget shall include the costs to be incurred by
31 the State for the budgeted year, to be paid in the next
32 fiscal year, excluding costs paid in the budgeted year which
33 were carried over from the prior year, where the payment is
34 authorized by Section 25 of the State Finance Act. For any
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1 budgeted fund for which expenditures are expected to exceed
2 revenues in the current fiscal year, the deficit shall be
3 considered as a use of funds in the budgeted fiscal year.
4 Revenues and expenditures shall also include transfers
5 between funds that are based on revenues received or costs
6 incurred during the budget year.
7 By March 15 of each year, the Economic and Fiscal
8 Commission shall prepare revenue and fund transfer estimates
9 in accordance with the requirements of this Section and
10 report those estimates to the General Assembly and the
11 Governor.
12 For all funds other than the budgeted funds, the proposed
13 expenditures shall not exceed funds estimated to be available
14 for the fiscal year as shown in the budget. Appropriation
15 for a fiscal year shall not exceed funds estimated by the
16 General Assembly to be available during that year.
17 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)