2005 Illinois 15 ILCS 20/ Civil Administrative Code of Illinois. (State Budget Law) Article 50 - State Budget
(15 ILCS 20/Art. 50 heading)
ARTICLE 50.
STATE BUDGET
(15 ILCS 20/50‑1)
Sec. 50‑1.
Article short title.
This Article 50 of the Civil
Administrative Code of Illinois may be cited as the State Budget Law.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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(15 ILCS 20/50‑5) (was 15 ILCS 20/38)
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
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
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.
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.
For the purposes of Article VIII, Section 2 of the 1970
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:
(1) General Revenue Fund.
(2) Common School Fund.
(3) Educational Assistance Fund.
(4) Road Fund.
(5) Motor Fuel Tax Fund.
(6) Agricultural Premium Fund.
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
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.
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.
Revenues and expenditures shall also include transfers between funds that are
based on revenues received or costs incurred during the budget year.
By
March 15 of each year, the
Commission on Government Forecasting and Accountability 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.
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.
(Source: P.A. 93‑1, eff. 2‑6‑03; 93‑662, eff. 2‑11‑04; 93‑1067, eff. 1‑15‑05.)
(15 ILCS 20/50‑10) (was 15 ILCS 20/38.1)
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.
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
report.
For the fiscal year beginning July 1, 1997 and for each
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.
The budget
shall contain a capital development
section in which the Governor will present (1) information on the capital
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).
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
Retirement System of Illinois.
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
institution, the number of each, and the salaries for each,
formulated according to divisions, bureaus, sections, offices,
departments, boards, and similar subdivisions, which shall
correspond as nearly as practicable to the functions and activities
for which the department, office, or institution is responsible.
Together with the budget, the Governor shall transmit the
estimates of
receipts and expenditures, as received by the Director
of the
Governor's Office of Management and Budget, of the elective officers
in the executive and judicial departments and
of the University of Illinois.
(Source: P.A. 93‑662, eff. 2‑11‑04.)
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(15 ILCS 20/50‑15) (was 15 ILCS 20/38.2)
Sec. 50‑15. Department accountability reports.
(a) Beginning in the fiscal year which begins July 1, 1992,
each department of State government as listed in Section 5‑15 of
the Departments of State Government Law (20 ILCS 5/5‑15)
shall submit an annual accountability report to the
Bureau of the Budget (now Governor's Office of Management and Budget)
at times designated by the Director of the Bureau of the Budget now
Governor's Office of Management and Budget).
Each
accountability report shall be designed to assist the
Bureau (now Office)
in its duties under Sections 2.2 and 2.3 of the
Governor's Office of Management and Budget Act and
shall measure the department's performance based on criteria, goals, and
objectives established by the department with the oversight and assistance
of the
Bureau (now Office). Each department shall also submit
interim
progress reports at times designated by the Director of the
Bureau (now Office).
(b) (Blank).
(c) The Director of the Bureau (now Office)
shall select not more than 3
departments for a pilot program implementing the procedures of
subsection (a) for budget requests for the fiscal years beginning July 1,
1990 and July 1, 1991, and each of the departments elected shall submit
accountability reports for those fiscal years.
By April 1, 1991, the
Bureau (now Office)
shall recommend in writing to the
Governor
any changes in the budget review process established pursuant to this
Section suggested by its evaluation of the pilot program. The Governor
shall submit changes to the budget review process that the Governor
plans to adopt,
based on the report, to the President and Minority Leader of the Senate and
the Speaker and Minority Leader of the House of Representatives.
(Source: P.A. 94‑793, eff. 5‑19‑06.)
(15 ILCS 20/50‑20) (was 15 ILCS 20/38.3)
Sec. 50‑20.
Responsible Education Funding Law.
(a) The Governor shall submit to the General Assembly a proposed budget for
elementary and secondary education in which total General Revenue Fund
appropriations are no less than the total General Revenue Fund appropriations
of the previous fiscal year. In addition, the Governor shall specify the total
amount of funds to be transferred from the General Revenue Fund to the Common
School Fund during the budget year, which shall be no less than the total
amount transferred during the previous fiscal year. The Governor may submit a
proposed budget in which the total appropriated and transferred amounts are
less than the previous fiscal year if the Governor declares in writing to the
General Assembly the reason for the lesser amounts.
(b) The General Assembly shall appropriate amounts for elementary and
secondary education from the General Revenue Fund for each fiscal year so that
the total General Revenue Fund appropriation is no less than the total General
Revenue Fund appropriation for elementary and secondary education for the
previous fiscal year. In addition, the General Assembly shall legislatively
transfer from the General Revenue Fund to the Common School Fund for the
fiscal year a total amount that is no less than the total amount transferred
for the previous fiscal year. The General Assembly may appropriate or transfer
lesser amounts if it declares by Joint Resolution the reason for the lesser
amounts.
(c) This Section may be cited as the Responsible Education Funding Law.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
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