Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3113 Latest Draft

Bill / Introduced Version Filed 02/02/2024

                            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.
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    LRB103 38557 SPS 68693 b
A BILL FOR
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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



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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

 

 

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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

 

 

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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'

 

 

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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:

 

 

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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

 

 

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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.

 

 

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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)

 

 

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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.)

 

 

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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

 

 

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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.)

 

 

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