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Public Act 91-0075
HB1291 Enrolled LRB9104133NTsb
AN ACT to amend the School Code by changing Section 17-1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 17-1 as follows:
(105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
Sec. 17-1. Annual Budget. The board of education of each
school district under 500,000 inhabitants shall, within or
before the first quarter of each fiscal year, adopt an annual
budget which it deems necessary to defray all necessary
expenses and liabilities of the district, and in such annual
budget shall specify the objects and purposes of each item
and amount needed for each object or purpose.
The budget shall be entered upon a School District Budget
form prepared and provided by the State Board of Education
and therein shall contain a statement of the cash on hand at
the beginning of the fiscal year, an estimate of the cash
expected to be received during such fiscal year from all
sources, an estimate of the expenditures contemplated for
such fiscal year, and a statement of the estimated cash
expected to be on hand at the end of such year. The estimate
of taxes to be received may be based upon the amount of
actual cash receipts that may reasonably be expected by the
district during such fiscal year, estimated from the
experience of the district in prior years and with due regard
for other circumstances that may substantially affect such
receipts. Nothing in this Section shall be construed as
requiring any district to change or preventing any district
from changing from a cash basis of financing to a surplus or
deficit basis of financing; or as requiring any district to
change or preventing any district from changing its system of
accounting.
The board of education of each district shall fix a
fiscal year therefor. If the beginning of the fiscal year of
a district is subsequent to the time that the tax levy due to
be made in for such fiscal year shall be made, then such
annual budget shall be adopted prior to the time such tax
levy shall be made. The failure by a board of education of
any district to adopt an annual budget, or to comply in any
respect with the provisions of this Section, shall not affect
the validity of any tax levy of the district otherwise in
conformity with the law. With respect to taxes levied either
before, on, or after the effective date of this amendatory
Act of the 91st General Assembly, (i) a tax levy is made for
the fiscal year in which the levy is due to be made
regardless of which fiscal year the proceeds of the levy are
expended or are intended to be expended, and (ii) except as
otherwise provided by law, a board of education's adoption of
an annual budget in conformity with this Section is not a
prerequisite to the adoption of a valid tax levy and is not a
limit on the amount of the levy.
Such budget shall be prepared in tentative form by some
person or persons designated by the board, and in such
tentative form shall be made conveniently available to public
inspection for at least 30 days prior to final action
thereon. At least 1 public hearing shall be held as to such
budget prior to final action thereon. Notice of availability
for public inspection and of such public hearing shall be
given by publication in a newspaper published in such
district, at least 30 days prior to the time of such hearing.
If there is no newspaper published in such district, notice
of such public hearing shall be given by posting notices
thereof in 5 of the most public places in such district. It
shall be the duty of the secretary of such board to make such
tentative budget available to public inspection, and to
arrange for such public hearing. The board may from time to
time make transfers between the various items in any fund not
exceeding in the aggregate 10% of the total of such fund as
set forth in the budget. The board may from time to time
amend such budget by the same procedure as is herein provided
for its original adoption.
Beginning July 1, 1976, the board of education, or
regional superintendent, or governing board responsible for
the administration of a joint agreement shall, by September 1
of each fiscal year thereafter, adopt an annual budget for
the joint agreement in the same manner and subject to the
same requirements as are provided in this Section.
The State Board of Education shall exercise powers and
duties relating to budgets as provided in Section 2--3.27 of
this Act.
By fiscal year 1982 all school districts shall use the
Program Budget Accounting System.
In the case of a school district receiving emergency
State financial assistance under Article 1B, the school board
shall also be subject to the requirements established under
Article 1B with respect to the annual budget.
(Source: P.A. 86-954.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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