103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3113 Introduced 2/2/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 15 ILCS 20/50-10 was 15 ILCS 20/38.120 ILCS 65/20-1520 ILCS 3005/7.3 Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that for the fiscal year beginning July 1, 2025 and for each fiscal year thereafter, the budget shall include an explanation of the manner in which provisions of the budget further the Governor's efforts to ensure equity in the State. Defines "equity". Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that the State Board of Education and the Department on Aging, the Department of Central Management Services, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Illinois Department of Labor, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Public Health, and the Illinois Department of Transportation shall file an annual report to the General Assembly containing an analysis of how the most recently adopted State budget promotes equity, as defined in the State Budget Law of the Civil Administrative Code of Illinois. Amends the Governor's Office of Management and Budget Act. Provides that the Governor's Office of Management and Budget economic and fiscal policy report to the General Assembly shall contain how the budget has addressed equity. Effective immediately. LRB103 38557 SPS 68693 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3113 Introduced 2/2/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 15 ILCS 20/50-10 was 15 ILCS 20/38.120 ILCS 65/20-1520 ILCS 3005/7.3 15 ILCS 20/50-10 was 15 ILCS 20/38.1 20 ILCS 65/20-15 20 ILCS 3005/7.3 Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that for the fiscal year beginning July 1, 2025 and for each fiscal year thereafter, the budget shall include an explanation of the manner in which provisions of the budget further the Governor's efforts to ensure equity in the State. Defines "equity". Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that the State Board of Education and the Department on Aging, the Department of Central Management Services, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Illinois Department of Labor, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Public Health, and the Illinois Department of Transportation shall file an annual report to the General Assembly containing an analysis of how the most recently adopted State budget promotes equity, as defined in the State Budget Law of the Civil Administrative Code of Illinois. Amends the Governor's Office of Management and Budget Act. Provides that the Governor's Office of Management and Budget economic and fiscal policy report to the General Assembly shall contain how the budget has addressed equity. Effective immediately. LRB103 38557 SPS 68693 b LRB103 38557 SPS 68693 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3113 Introduced 2/2/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 15 ILCS 20/50-10 was 15 ILCS 20/38.120 ILCS 65/20-1520 ILCS 3005/7.3 15 ILCS 20/50-10 was 15 ILCS 20/38.1 20 ILCS 65/20-15 20 ILCS 3005/7.3 15 ILCS 20/50-10 was 15 ILCS 20/38.1 20 ILCS 65/20-15 20 ILCS 3005/7.3 Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that for the fiscal year beginning July 1, 2025 and for each fiscal year thereafter, the budget shall include an explanation of the manner in which provisions of the budget further the Governor's efforts to ensure equity in the State. Defines "equity". Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that the State Board of Education and the Department on Aging, the Department of Central Management Services, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Illinois Department of Labor, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Public Health, and the Illinois Department of Transportation shall file an annual report to the General Assembly containing an analysis of how the most recently adopted State budget promotes equity, as defined in the State Budget Law of the Civil Administrative Code of Illinois. Amends the Governor's Office of Management and Budget Act. Provides that the Governor's Office of Management and Budget economic and fiscal policy report to the General Assembly shall contain how the budget has addressed equity. Effective immediately. LRB103 38557 SPS 68693 b LRB103 38557 SPS 68693 b LRB103 38557 SPS 68693 b A BILL FOR SB3113LRB103 38557 SPS 68693 b SB3113 LRB103 38557 SPS 68693 b SB3113 LRB103 38557 SPS 68693 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The State Budget Law of the Civil 5 Administrative Code of Illinois is amended by changing Section 6 50-10 as follows: 7 (15 ILCS 20/50-10) (was 15 ILCS 20/38.1) 8 Sec. 50-10. Budget contents. The budget shall be submitted 9 by the Governor with line item and program data. The budget 10 shall also contain performance data presenting an estimate for 11 the current fiscal year, projections for the budget year, and 12 information for the 3 prior fiscal years comparing department 13 objectives with actual accomplishments, formulated according 14 to the various functions and activities, and, wherever the 15 nature of the work admits, according to the work units, for 16 which the respective departments, offices, and institutions of 17 the State government (including the elective officers in the 18 executive department and including the University of Illinois 19 and the judicial department) are responsible. 20 For the fiscal year beginning July 1, 1992 and for each 21 fiscal year thereafter, the budget shall include the 22 performance measures of each department's accountability 23 report. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3113 Introduced 2/2/2024, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 15 ILCS 20/50-10 was 15 ILCS 20/38.120 ILCS 65/20-1520 ILCS 3005/7.3 15 ILCS 20/50-10 was 15 ILCS 20/38.1 20 ILCS 65/20-15 20 ILCS 3005/7.3 15 ILCS 20/50-10 was 15 ILCS 20/38.1 20 ILCS 65/20-15 20 ILCS 3005/7.3 Amends the State Budget Law of the Civil Administrative Code of Illinois. Provides that for the fiscal year beginning July 1, 2025 and for each fiscal year thereafter, the budget shall include an explanation of the manner in which provisions of the budget further the Governor's efforts to ensure equity in the State. Defines "equity". Amends the Data Governance and Organization to Support Equity and Racial Justice Act. Provides that the State Board of Education and the Department on Aging, the Department of Central Management Services, the Department of Children and Family Services, the Department of Corrections, the Department of Juvenile Justice, the Illinois Department of Labor, the Department of Healthcare and Family Services, the Department of Human Services, the Department of Public Health, and the Illinois Department of Transportation shall file an annual report to the General Assembly containing an analysis of how the most recently adopted State budget promotes equity, as defined in the State Budget Law of the Civil Administrative Code of Illinois. Amends the Governor's Office of Management and Budget Act. Provides that the Governor's Office of Management and Budget economic and fiscal policy report to the General Assembly shall contain how the budget has addressed equity. Effective immediately. LRB103 38557 SPS 68693 b LRB103 38557 SPS 68693 b LRB103 38557 SPS 68693 b A BILL FOR 15 ILCS 20/50-10 was 15 ILCS 20/38.1 20 ILCS 65/20-15 20 ILCS 3005/7.3 LRB103 38557 SPS 68693 b SB3113 LRB103 38557 SPS 68693 b SB3113- 2 -LRB103 38557 SPS 68693 b SB3113 - 2 - LRB103 38557 SPS 68693 b SB3113 - 2 - LRB103 38557 SPS 68693 b 1 For the fiscal year beginning July 1, 1997 and for each 2 fiscal year thereafter, the budget shall include one or more 3 line items appropriating moneys to the Department of Human 4 Services to fund participation in the Home-Based Support 5 Services Program for Adults with Mental Disabilities under the 6 Developmental Disability and Mental Disability Services Act by 7 persons described in Section 2-17 of that Act. 8 For the fiscal year beginning July 1, 2019, and for each 9 fiscal year thereafter, the budget shall include a separate 10 line item request appropriating moneys to each State agency 11 for: (1) estimated costs for each fund under the State Prompt 12 Payment Act; and (2) estimated costs for each fund under 13 Sections 368a and 370a of the Illinois Insurance Code. 14 The budget shall contain a capital development section in 15 which the Governor will present (1) information on the capital 16 projects and capital programs for which appropriations are 17 requested, (2) the capital spending plans, which shall 18 document the first and subsequent years cash requirements by 19 fund for the proposed bonded program, and (3) a statement that 20 shall identify by year the principal and interest costs until 21 retirement of the State's general obligation debt. In 22 addition, the principal and interest costs of the budget year 23 program shall be presented separately, to indicate the 24 marginal cost of principal and interest payments necessary to 25 retire the additional bonds needed to finance the budget 26 year's capital program. In 2004 only, the capital development SB3113 - 2 - LRB103 38557 SPS 68693 b SB3113- 3 -LRB103 38557 SPS 68693 b SB3113 - 3 - LRB103 38557 SPS 68693 b SB3113 - 3 - LRB103 38557 SPS 68693 b 1 section of the State budget shall be submitted by the Governor 2 not later than the fourth Tuesday of March (March 23, 2004). 3 For the fiscal year beginning July 1, 2025 and for each 4 fiscal year thereafter, the budget shall include an 5 explanation of the manner in which provisions of the budget 6 further the Governor's efforts to ensure equity in the State. 7 For purposes of this paragraph, "equity" means efforts, 8 regulations, policies, programs, standards, processes and any 9 other functions of government or principles of law and 10 governance intended to: (1) identify and remedy past and 11 present patterns of discrimination or inequality and 12 disparities in outcome; (2) ensure that such patterns of 13 discrimination, inequality and disparities in outcome, whether 14 intentional or unintentional, are neither reinforced nor 15 perpetuated; and (3) prevent the emergence and persistence of 16 foreseeable future patterns of discrimination against or 17 disparities in outcome against minority persons as defined by 18 Section 2 of the Business Enterprise for Minorities, Women, 19 and Persons with Disabilities Act. 20 The budget shall contain a section indicating whether 21 there is a projected budget surplus or a projected budget 22 deficit for general funds in the current fiscal year, or 23 whether the current fiscal year's general funds budget is 24 projected to be balanced, based on estimates prepared by the 25 Governor's Office of Management and Budget using actual 26 figures available on the date the budget is submitted. That SB3113 - 3 - LRB103 38557 SPS 68693 b SB3113- 4 -LRB103 38557 SPS 68693 b SB3113 - 4 - LRB103 38557 SPS 68693 b SB3113 - 4 - LRB103 38557 SPS 68693 b 1 section shall present this information in both a numerical 2 table format and by way of a narrative description, and shall 3 include information for the proposed upcoming fiscal year, the 4 current fiscal year, and the 2 years prior to the current 5 fiscal year. These estimates must specifically and separately 6 identify any non-recurring revenues, including, but not 7 limited to, borrowed money, money derived by borrowing or 8 transferring from other funds, or any non-operating financial 9 source. None of these specifically and separately identified 10 non-recurring revenues may include any revenue that cannot be 11 realized without a change to law. The table shall show 12 accounts payable at the end of each fiscal year in a manner 13 that specifically and separately identifies any general funds 14 liabilities accrued during the current and prior fiscal years 15 that may be paid from future fiscal years' appropriations, 16 including, but not limited to, costs that may be paid beyond 17 the end of the lapse period as set forth in Section 25 of the 18 State Finance Act and costs incurred by the Department on 19 Aging. The section shall also include an estimate of 20 individual and corporate income tax overpayments that will not 21 be refunded before the close of the fiscal year. 22 For the budget year, the current year, and 3 prior fiscal 23 years, the Governor shall also include in the budget estimates 24 of or actual values for the assets and liabilities for General 25 Assembly Retirement System, State Employees' Retirement System 26 of Illinois, State Universities Retirement System, Teachers' SB3113 - 4 - LRB103 38557 SPS 68693 b SB3113- 5 -LRB103 38557 SPS 68693 b SB3113 - 5 - LRB103 38557 SPS 68693 b SB3113 - 5 - LRB103 38557 SPS 68693 b 1 Retirement System of the State of Illinois, and Judges 2 Retirement System of Illinois. 3 The budget submitted by the Governor shall contain, in 4 addition, in a separate book, a tabulation of all position and 5 employment titles in each such department, office, and 6 institution, the number of each, and the salaries for each, 7 formulated according to divisions, bureaus, sections, offices, 8 departments, boards, and similar subdivisions, which shall 9 correspond as nearly as practicable to the functions and 10 activities for which the department, office, or institution is 11 responsible. 12 Together with the budget, the Governor shall transmit the 13 estimates of receipts and expenditures, as received by the 14 Director of the Governor's Office of Management and Budget, of 15 the elective officers in the executive and judicial 16 departments and of the University of Illinois. 17 An applicable appropriations committee of each chamber of 18 the General Assembly, for fiscal year 2012 and thereafter, 19 must review individual line item appropriations and the total 20 budget for each State agency, as defined in the Illinois State 21 Auditing Act. 22 (Source: P.A. 99-143, eff. 7-27-15; 100-1064, eff. 8-24-18.) 23 Section 10. The Data Governance and Organization to 24 Support Equity and Racial Justice Act is amended by changing 25 Section 20-15 as follows: SB3113 - 5 - LRB103 38557 SPS 68693 b SB3113- 6 -LRB103 38557 SPS 68693 b SB3113 - 6 - LRB103 38557 SPS 68693 b SB3113 - 6 - LRB103 38557 SPS 68693 b 1 (20 ILCS 65/20-15) 2 Sec. 20-15. Data governance and organization to support 3 equity and racial justice. 4 (a) On or before July 1, 2022 and each July 1 thereafter, 5 the Board and the Department shall report statistical data on 6 the racial, ethnic, age, sex, disability status, sexual 7 orientation, gender identity, and primary or preferred 8 language demographics of program participants for each major 9 program administered by the Board or the Department, except as 10 provided in subsection (a-5). Except as provided in subsection 11 (b), when reporting the data required under this Section, the 12 Board or the Department shall use the same racial and ethnic 13 classifications for each program, which shall include, but not 14 be limited to, the following: 15 (1) American Indian and Alaska Native alone. 16 (2) Asian alone. 17 (3) Black or African American alone. 18 (4) Hispanic or Latino of any race. 19 (5) Native Hawaiian and Other Pacific Islander alone. 20 (6) White alone. 21 (7) Middle Eastern or North African. 22 (8) Some other race alone. 23 (9) Two or more races. 24 The Board and the Department may further define, by rule, 25 the racial and ethnic classifications, including, if SB3113 - 6 - LRB103 38557 SPS 68693 b SB3113- 7 -LRB103 38557 SPS 68693 b SB3113 - 7 - LRB103 38557 SPS 68693 b SB3113 - 7 - LRB103 38557 SPS 68693 b 1 necessary, a classification of "No Race Specified". 2 (a-5) In relation to major program participants, the Board 3 shall not be required to collect personally identifiable 4 information and report statistical data on the categories of 5 sex, sexual orientation, and gender identity unless required 6 for federal reporting. The Board shall make available reports 7 on its Internet website, posted where other mandated reports 8 are posted, of statistical data on sex, sexual orientation, 9 and gender identity demographics through anonymous surveys or 10 other methods as age and developmentally appropriate. 11 (b) If a program administered by the Board or the 12 Department is subject to federal reporting requirements that 13 include the collection and public reporting of statistical 14 data on the racial and ethnic demographics of program 15 participants, the Department may maintain the same racial and 16 ethnic classifications used under the federal requirements if 17 such classifications differ from the classifications listed in 18 subsection (a). 19 (c) The Department of Innovation and Technology shall 20 assist the Board and the Department by establishing common 21 technological processes and procedures for the Board and the 22 Department to: 23 (1) Catalog data. 24 (2) Identify similar fields in data sets datasets. 25 (3) Manage data requests. 26 (4) Share data. SB3113 - 7 - LRB103 38557 SPS 68693 b SB3113- 8 -LRB103 38557 SPS 68693 b SB3113 - 8 - LRB103 38557 SPS 68693 b SB3113 - 8 - LRB103 38557 SPS 68693 b 1 (5) Collect data. 2 (6) Improve and clean data. 3 (7) Match data across the Board and Departments. 4 (8) Develop research and analytic agendas. 5 (9) Report on program participation disaggregated by 6 race and ethnicity. 7 (10) Evaluate equitable outcomes for underserved 8 populations in Illinois. 9 (11) Define common roles for data management. 10 (12) Ensure that all major programs can report 11 disaggregated data by race, ethnicity, age, sex, 12 disability status, sexual orientation, and gender 13 identity, and primary or preferred language. 14 The Board and the Department shall use the common 15 technological processes and procedures established by the 16 Department of Innovation and Technology. 17 (d) If the Board or the Department is unable to begin 18 reporting the data required by subsection (a) by July 1, 2022, 19 the Board or the Department shall state the reasons for the 20 delay under the reporting requirements. 21 (e) By no later than March 31, 2022, the Board and the 22 Department shall provide a progress report to the General 23 Assembly to disclose: (i) the programs and data sets datasets 24 that have been cataloged for which race, ethnicity, age, sex, 25 disability status, sexual orientation, gender identity, and 26 primary or preferred language have been standardized; and (ii) SB3113 - 8 - LRB103 38557 SPS 68693 b SB3113- 9 -LRB103 38557 SPS 68693 b SB3113 - 9 - LRB103 38557 SPS 68693 b SB3113 - 9 - LRB103 38557 SPS 68693 b 1 to the extent possible, the data sets datasets and programs 2 that are outstanding for each agency and the data sets 3 datasets that are planned for the upcoming year. On or before 4 March 31, 2023, and each year thereafter, the Board and the 5 Department shall provide an updated report to the General 6 Assembly. 7 (f) By no later than October 31, 2021, the Governor's 8 Office shall provide a plan to establish processes for input 9 from the Board and the Department into processes outlined in 10 subsection (c). The plan shall incorporate ongoing efforts at 11 data interoperability within the Department and the governance 12 established to support the P-20 Longitudinal Education Data 13 System enacted by Public Act 96-107. 14 (g) The Board and the Department shall file an annual 15 report to the General Assembly containing an analysis of how 16 the most recently adopted State budget promotes equity, as 17 defined in Section 50-10 of the State Budget Law of the Civil 18 Administrative Code of Illinois. 19 (h) (g) Nothing in this Section shall be construed to 20 limit the rights granted to individuals or data sharing 21 protections established under existing State and federal data 22 privacy and security laws. 23 (Source: P.A. 102-543, eff. 8-20-21; 103-154, eff. 6-30-23; 24 103-175, eff. 6-30-23; 103-414, eff. 1-1-24; revised 25 12-12-23.) SB3113 - 9 - LRB103 38557 SPS 68693 b SB3113- 10 -LRB103 38557 SPS 68693 b SB3113 - 10 - LRB103 38557 SPS 68693 b SB3113 - 10 - LRB103 38557 SPS 68693 b 1 Section 15. The Governor's Office of Management and Budget 2 Act is amended by changing Section 7.3 as follows: 3 (20 ILCS 3005/7.3) 4 Sec. 7.3. Annual economic and fiscal policy report. No 5 later than November 15 of each year, the Governor's Office of 6 Management and Budget shall submit an economic and fiscal 7 policy report to the General Assembly. The report must outline 8 the long-term economic and fiscal policy objectives of the 9 State, how the budget has addressed equity as defined in 10 Section 50-10 of the State Budget Law of the Civil 11 Administrative Code of Illinois, the economic and fiscal 12 policy intentions for the upcoming fiscal year, and the 13 economic and fiscal policy intentions for the following 4 14 fiscal years. The report must highlight the total level of 15 revenue, expenditure, deficit or surplus, and debt with 16 respect to each of the reporting categories. The report must 17 include any assumptions concerning tax rates and fees used to 18 determine revenue and expenditures for future fiscal years. 19 The report must include a comparison of the enacted current 20 fiscal year budget to the current fiscal year outlook, and, if 21 applicable, must outline any budgetary shortfalls and fiscal 22 and policy options that the Office will pursue to remedy those 23 budgetary shortfalls. If the projected expenditures for any of 24 the following 4 fiscal years exceeds the corresponding fiscal 25 year projected revenues, then the report must outline fiscal SB3113 - 10 - LRB103 38557 SPS 68693 b SB3113- 11 -LRB103 38557 SPS 68693 b SB3113 - 11 - LRB103 38557 SPS 68693 b SB3113 - 11 - LRB103 38557 SPS 68693 b 1 and policy options that the Office will pursue to remedy the 2 budgetary shortfall. The report must include: (1) an estimate 3 of Late Interest Penalties under the State Prompt Payment Act 4 for the upcoming fiscal year and projections of the same for 5 each of the following 4 fiscal years; and (2) an estimate of 6 interest penalties under Sections 368a and 370a of the 7 Illinois Insurance Code for the upcoming fiscal year and 8 projections of the same for each of the following 4 fiscal 9 years. The report must include an agency categorization key 10 for the reporting categories. The report must be posted on the 11 Office's Internet website and allow members of the public to 12 post comments concerning the report. 13 (Source: P.A. 99-854, eff. 8-19-16; 100-1064, eff. 8-24-18.) SB3113 - 11 - LRB103 38557 SPS 68693 b