2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 3005/ - Governor's Office of Management and Budget Act.

(20 ILCS 3005/0.01) (from Ch. 127, par. 410)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Governor's Office of Management and Budget Act.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 3005/1) (from Ch. 127, par. 411)
Sec. 1. Definitions.
"Capital expenditure" means money spent for replacing, remodeling, expanding,
or acquiring facilities, buildings or land owned directly by the State through
any State department, authority, public corporation of the State, State
college or university, or any other public agency created by the State,
but not units of local government or school districts.
"Director" means the Director of the Governor's Office of Management and
Budget.
"Office" means the  Governor's Office of Management and Budget.
"State Agency," whether used in the singular or plural, means all
Departments, Officers, Commissions, Boards, Institutions and bodies,
politic and corporate of the State, including the Offices of Clerk of
the Supreme Court and Clerks of the Appellate Courts; except it shall
not mean the several Courts of the State, nor the Legislature, its
Committees or Commissions, nor the Constitutionally elected State
Officers, nor the Executive Ethics Commission, nor the Offices of Executive Inspectors General.
(Source: P.A. 96-555, eff. 8-18-09.)
(20 ILCS 3005/2) (from Ch. 127, par. 412)
Sec. 2. 
There is created in the executive office of the Governor an Office
to
be known as the Governor's Office of Management and
Budget. The Office shall be headed by a
Director, who shall be appointed by the Governor. The functions of the
Office shall be as prescribed in Sections 2.1 through 2.10 of
this
Act.
(Source: P.A. 98-706, eff. 7-16-14.)
(20 ILCS 3005/2.1) (from Ch. 127, par. 412.1)
Sec. 2.1. To assist the Governor in submitting a recommended budget, including
estimated receipts and revenue, to the General Assembly, and to consult with the Commission on Government Forecasting and Accountability, at the Commission's request, in compiling a report on the estimated income of the
State, as required under Section 4 of the Commission on Government Forecasting and Accountability Act.
(Source: P.A. 96-958, eff. 7-1-10.)
(20 ILCS 3005/2.2) (from Ch. 127, par. 412.2)
Sec. 2.2. 
		
		
		To make detailed studies of the State agencies to enable the Governor to
determine what changes should be made in the existing organization,
activities, and methods of business of such agencies so as to strengthen
the State's management processes and bring about more efficient and
economical conduct of State services.
(Source: P.A. 76-23.)
(20 ILCS 3005/2.3) (from Ch. 127, par. 412.3)
Sec. 2.3. 
		
		
		To evaluate for the Governor programs proposed by State agencies in
terms of goals, costs, and relative priorities, to keep the Governor
informed of the programs and accomplishment of activities by the State
agencies, and to coordinate the development and implementation of State
programs, to the end that the monies appropriated by the Legislature may be
expended in the most economical manner possible with the least possible
overlapping and duplication of effort.
(Source: P.A. 76-23.)
(20 ILCS 3005/2.4) (from Ch. 127, par. 412.4)
Sec. 2.4. 
		
		
		To advise and assist the Governor in the development of policies, plans
and programs for improving intergovernmental cooperation and coordinating
Federal, State and local fiscal relationships.
(Source: P.A. 76-23.)
(20 ILCS 3005/2.5) (from Ch. 127, par. 412.5)
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
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
annual capital plan shall be submitted to the Office no later
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
 Commission on Government Forecasting and Accountability
on the date of the Governor's
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).
(Source: P.A. 93-25, eff. 6-20-03; 93-662, eff. 2-11-04; 93-1067, eff. 1-15-05.)
(20 ILCS 3005/2.6) (from Ch. 127, par. 412.6)
Sec. 2.6. To provide bond indentures to the Commission on Government Forecasting and Accountability no later than 7 calendar days following the
 sale or issuance of any bonds.
(Source: P.A. 93-1067, eff. 1-15-05.)
(20 ILCS 3005/2.7)
Sec. 2.7. Securities information. To assist those entities underwriting
securities that are payable from State appropriations, whether issued by the
State or by others, by providing financial and other information regarding the
State to securities investors, nationally recognized securities information
repositories,
or the federal Municipal Securities Rulemaking Board, and to any State
information depository as required by the federal Securities Exchange Act
of 1934 and the rules promulgated thereunder.  The Governor's Office of
Management and Budget is the
only State office authorized to provide such
information.
(Source: P.A. 98-756, eff. 7-16-14.)
(20 ILCS 3005/2.8)
Sec. 2.8. Pursuant to the Grant Accountability and Transparency Act, to create, on or before July 1, 2014, the Grant Accountability and Transparency Unit within the Office. The Grant Accountability and Transparency Unit shall report directly to the Director of the Governor's Office of Management and Budget.
(Source: P.A. 98-706, eff. 7-16-14.)
(20 ILCS 3005/2.9)
Sec. 2.9. Pursuant to the Grant Accountability and Transparency Act, to maintain a list of those individuals and entities that are ineligible, either temporarily or permanently, to receive an award of grant funds from the State.
(Source: P.A. 98-706, eff. 7-16-14.)
(20 ILCS 3005/2.10)
Sec. 2.10. To adopt rules on or before July 1, 2015 necessary to comply with the Grant Accountability and Transparency Act. Should changes to the rules be required by the review mandated by Section 65 of the Grant Accountability and Transparency Act, the Governor's Office of Management and Budget may adopt such peremptory rules as are necessary to comply with changes to corresponding federal rules. All other rules that the Governor's Office of Management and Budget deems necessary to adopt in connection with the Grant Accountability and Transparency Act must proceed through the ordinary rule-making process.
(Source: P.A. 98-706, eff. 7-16-14.)
(20 ILCS 3005/2.11)
Sec. 2.11. Stop payment orders. Upon a request for a stop payment order from a State grant-making agency for a recipient or subrecipient, the Office of the Comptroller shall notify the Grant Accountability and Transparency Unit within 30 days of the request.
(Source: P.A. 100-997, eff. 8-20-18.)
(20 ILCS 3005/2.12)
Sec. 2.12. (Repealed).
(Source: P.A. 100-997, eff. 8-20-18. Repealed internally, eff. 1-1-21.)
(20 ILCS 3005/2.13)
Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement Authority Bonds. Subject to appropriation, the Office may make payments from the Tobacco Settlement Recovery Fund to the trustee of those bonds issued by the Railsplitter Tobacco Settlement Authority with which the Authority has executed a bond indenture pursuant to the terms of the Railsplitter Tobacco Settlement Authority Act for the purpose of defeasing outstanding bonds of the Authority.
(Source: P.A. 103-8, eff. 6-7-23.)
(20 ILCS 3005/3) (from Ch. 127, par. 413)
Sec. 3. 
		
		The Director, under such rules and regulations as the Governor may
prescribe, may organize the Office, allocate functions and
duties within
it, and appoint employees, in such a manner as best enables it to achieve
its purposes and fulfill its responsibilities. He is authorized to make
expenditures for necessary expenses of the Office within the
appropriations
made therefor.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 3005/4) (from Ch. 127, par. 414)
Sec. 4. 
		
		Under such regulations as the Governor may prescribe, (1) every
State
agency shall furnish to the Office such information as the
Office may from
time to time require, and (2) the Director or any duly authorized employee
of the Office shall for the purpose of securing such
information, have
access to, and the right to examine, all books, documents, papers or
records of any State agency.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 3005/5.1) (from Ch. 127, par. 415)
Sec. 5.1. Under such regulations as the Governor may prescribe, every
State agency, other than  State colleges and universities, agencies of
legislative and judicial branches of State government, and elected State
executive officers not including the Governor, shall file with the Commission on Government Forecasting and Accountability


all applications for
federal grants, contracts and agreements. The Commission on Government Forecasting and Accountability shall immediately forward all such materials to the Office for
the
Office's approval. Any application for federal funds which has
not received
Office approval shall be considered void and any funds received
as a result of
such application shall be returned to the federal government before they are
spent. Each State agency subject to this Section shall, at least 45 days before
submitting its application to the federal agency, report in detail to the Commission on Government Forecasting and Accountability


what
the
grant is intended to
accomplish and the specific plans for spending the federal dollars
received pursuant to the grant. The Commission on Government Forecasting and Accountability shall immediately forward such materials to the Office. The
Office may approve the submission of an application to the
federal agency in
less than 45 days after its receipt by the Office when the
Office determines
that the circumstances require an expedited application.  Such reports of
applications and plans of expenditure shall include but shall not be limited
to:
(1) an estimate of both the direct and indirect costs     in non-federal revenues of participation in the federal program;
(2) the probable length of duration of the program, a     schedule of fund receipts and an estimate of the cost to the State of maintaining the program if and when the federal financial assistance or grant is terminated;
(3) a list of State or local agencies utilizing the     financial assistance as direct recipients or subgrantees;
(4) a description of each program proposed to be     funded by the financial assistance or grant; and
(5) a description of any financial, program or     planning commitment on the part of the State required by the federal government as a requirement for receipt of the financial assistance or grant.
All State agencies subject to this Section shall immediately file with
the Commission on Government Forecasting and Accountability any awards of federal
funds and any and all changes in the programs, in awards, in program duration,
in schedule of fund receipts, and in estimated costs to the State of
maintaining the program if and when federal assistance is terminated, or in
direct and indirect costs, of any grant under which they are or expect to be
receiving federal funds. The Commission on Government Forecasting and Accountability shall
immediately forward such materials to the Office.
The Office in cooperation with the Commission on Government Forecasting and Accountability shall develop standard forms and a system of identifying
numbers for the applications and reports required by this Section.
Upon receipt from the State agencies of each application and report, the Commission on Government Forecasting and Accountability
 shall promptly designate the
appropriate identifying number therefor
and communicate such number to the respective State agency, the Comptroller and
the Office.
Each State agency subject to this Section shall include in each
report to the Comptroller of the receipt of federal funds the identifying
number applicable to the grant under which such funds are received.
(Source: P.A. 100-1148, eff. 12-10-18.)
(20 ILCS 3005/6) (from Ch. 127, par. 416)
Sec. 6. 
		
		In performing its responsibility under Section 2.1, to assist the
Governor in submitting a recommended budget, the Office shall:
(a) Distribute to all state agencies the proper blanks necessary to the
preparation of budget estimates, which blanks shall be in such form as
shall be prescribed by the Director, to procure, among other things,
information as to the revenues and expenditures for the preceding fiscal
year, the appropriations made by the General Assembly for the preceding
fiscal year, the expenditures therefrom, obligations incurred thereon, and
the amounts unobligated and unexpended, an estimate of the revenues and
expenditures of the current fiscal year, and an estimate of the revenues
and amounts needed for the respective departments and offices for the next
succeeding fiscal year.
(b) Require from each state agency its estimate of receipts and
expenditures for the succeeding fiscal year, accompanied by a statement in
writing giving facts and explanation of reasons for each item of
expenditure requested.
(c) Make, at the discretion of the Director, further inquiries and
investigations as to any item desired.
(d) Approve, disapprove or alter the estimates.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 3005/6.01) (from Ch. 127, par. 416.01)
Sec. 6.01. 
		
		The several courts of the State, the General Assembly, its
committees and commissions, and the elective officers in the Executive
department shall file with the Office information which will
enable the
Governor to present to the General Assembly estimates of the amount of
money required to be raised by taxation for all purposes. They shall submit
to the Office, on forms prescribed by the Office,
information as to the
revenues and expenditures for the preceding fiscal year, the appropriations
made by the General Assembly for the preceding fiscal year, the
expenditures therefrom, obligations incurred thereon, and the amounts
unobligated and unexpended, an estimate of the revenues and expenditures of
the current fiscal year, and an estimate of the revenues and amounts needed
for the respective departments and offices for the next succeeding fiscal
year.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 3005/7) (from Ch. 127, par. 417)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 7. 
All statements and estimates of expenditures submitted to the
Office in connection with the preparation of a State budget, and any other
estimates of expenditures, supporting requests for appropriations, 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.  All
such statements and estimates of expenditures relating to a particular
function or activity shall be further formulated or subject to analysis in
accordance with the following classification of objects:
(1) Personal services
(2) State contribution for employee group insurance
(3) Contractual services
(4) Travel
(5) Commodities
(6) Equipment
(7) Permanent improvements
(8) Land
(9) Electronic Data Processing
(10) Telecommunication services
(11) Operation of Automotive Equipment
(12) Contingencies
(13) Reserve
(14) Interest
(15) Awards and Grants
(16) Debt Retirement
(17) Non-cost Charges
(18) State retirement contribution for annual normal cost
(19) State retirement contribution for unfunded accrued liability.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 7. 
All statements and estimates of expenditures submitted to the
Office in connection with the preparation of a State budget, and any other
estimates of expenditures, supporting requests for appropriations, 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.  All
such statements and estimates of expenditures relating to a particular
function or activity shall be further formulated or subject to analysis in
accordance with the following classification of objects:
(1) Personal services
(2) State contribution for employee group insurance
(3) Contractual services
(4) Travel
(5) Commodities
(6) Equipment
(7) Permanent improvements
(8) Land
(9) Electronic Data Processing
(10) Telecommunication services
(11) Operation of Automotive Equipment
(12) Contingencies
(13) Reserve
(14) Interest
(15) Awards and Grants
(16) Debt Retirement
(17) Non-cost Charges.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 3005/7.1)
Sec. 7.1. Transparency in finance. Upon request by the President of the Senate, the Speaker of the House of Representatives, or the Minority Leaders of the Senate and House of Representatives, the Office shall provide a summary of all formal presentations submitted by the Office to credit rating agencies or potential investors in State bonds. Within 10 business days after the submission of State financial information to credit rating agencies or potential investors in State bonds, a summary of the submitted information shall be provided to the legislative leaders and posted on the Office's website. Notwithstanding any provision to the contrary, the Office shall not release any information that is not subject to disclosure under the Freedom of Information Act.
(Source: P.A. 96-555, eff. 8-18-09.)
(20 ILCS 3005/7.2)
Sec. 7.2. Quarterly financial reports.   The Office shall prepare and publish a quarterly financial report to update the public and the General Assembly on the status of the State's finances. At a minimum, each report shall include the following information:
(1) A review of the State's economic outlook.
(2) A review of general funds revenue performance,     both quarterly and year to date, and an evaluation of that performance.
(3) The outlook for future general funds revenue     performance, including projections of future general funds revenues.
(4) An assessment of the State's financial position,     including a summary of general fund receipts, transfers, expenditures, and liabilities.
(5) A review of Statewide employment statistics.
(6) Other information necessary to present the status     of the State's finances.
(7) For the report covering the fourth quarter of     State fiscal year 2015 only, the report shall also include the information described in subsection (e) of Section 8.50 of the State Finance Act. In addition, the fourth quarter report for each fiscal year shall include a summary of fiscal and balanced budget notes issued by the Office to the General Assembly during the prior legislative session. Each report shall be posted on the Office's website within 45 days.
(Source: P.A. 99-2, eff. 3-26-15.)
(20 ILCS 3005/7.3)
Sec. 7.3. Annual economic and fiscal policy report. No later than November 15 of each year, the Governor's Office of Management and Budget shall submit an economic and fiscal policy report to the General Assembly. The report must outline the long-term economic and fiscal policy objectives of the State, the economic and fiscal policy intentions for the upcoming fiscal year, and the economic and fiscal policy intentions for the following 4 fiscal years. The report must highlight the total level of revenue, expenditure, deficit or surplus, and debt with respect to each of the reporting categories. The report must include any assumptions concerning tax rates and fees used to determine revenue and expenditures for future fiscal years. The report must include a comparison of the enacted current fiscal year budget to the current fiscal year outlook, and, if applicable, must outline any budgetary shortfalls and fiscal and policy options that the Office will pursue to remedy those budgetary shortfalls. If the projected expenditures for any of the following 4 fiscal years exceeds the corresponding fiscal year projected revenues, then the report must outline fiscal and policy options that the Office will pursue to remedy the budgetary shortfall. The report must include: (1) an estimate of Late Interest Penalties under the State Prompt Payment Act for the upcoming fiscal year and projections of the same for each of the following 4 fiscal years; and (2) an estimate of interest penalties under Sections 368a and 370a of the Illinois Insurance Code for the upcoming fiscal year and projections of the same for each of the following 4 fiscal years. The report must include an agency categorization key for the reporting categories. The report must be posted on the Office's Internet website and allow members of the public to post comments concerning the report.
(Source: P.A. 99-854, eff. 8-19-16; 100-1064, eff. 8-24-18.)
(20 ILCS 3005/8) (from Ch. 127, par. 418)
(Text of Section WITH the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 8. 
When used in connection with a State budget or expenditure or
estimate, items (1) through (16) in the classification of objects stated in
Section 7 shall have the meanings ascribed to those items in Sections 14
through 24.7, respectively, of the State Finance Act.
When used in connection with a State budget or expenditure or
estimate, items (18) and (19) in the classification of objects stated in
Section 7 shall have the meanings ascribed to those items in Sections 24.12 and 24.13, respectively, of the State Finance Act.
(Source: P.A. 98-599, eff. 6-1-14.)
(Text of Section WITHOUT the changes made by P.A. 98-599, which has been
held unconstitutional)
Sec. 8. 
When used in connection with a State budget or expenditure or
estimate, items (1) through (16) in the classification of objects stated in
Section 7 shall have the meanings ascribed to those items in Sections 14
through 24.7, respectively, of "An Act in relation to State finance",
approved June 10, 1919, as amended.
(Source: P.A. 82-325.)
(20 ILCS 3005/9) (from Ch. 127, par. 419)
Sec. 9. 
		
		All statements and estimates of expenditures submitted to the
Director of the Office in connection with the preparation of a
State
budget, and any other estimates of expenditures supporting requests for
appropriations, shall be accompanied by comparative performance data
formulated according to the various functions and activities, and, whenever
the nature of the work admits, according to the work units, for which the
respective state agency is responsible. All such statements and estimates
of expenditures shall be accompanied, in addition, by a tabulation of all
position and employment titles in such department, office or 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.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 3005/9.5)
Sec. 9.5. 
		Name change. 
		On the effective date of this amendatory Act of
the 93rd General Assembly, the name of the Bureau of the Budget is changed to
the Governor's Office of Management and Budget.  References in any law,
appropriation, rule, form, or other document (i) to the Bureau of the Budget or
to BOB are deemed, in appropriate contexts, to be references to the Governor's
Office of Management and Budget for all purposes and (ii) to the Director of
the Bureau of the Budget are deemed, in appropriate contexts, to be references
to the Director of the Governor's Office of Management and Budget for all
purposes.
(Source: P.A. 93-25, eff. 6-20-03.)