Sen. Dan Cronin

Filed: 5/11/2005

 

 


 

 


 
09400HB3480sam003 LRB094 11248 RAS 46434 a

1
AMENDMENT TO HOUSE BILL 3480

2     AMENDMENT NO. ______. Amend House Bill 3480, by replacing
3 lines 11 through 35 on page 4, lines 1 through 36 on page 5, and
4 lines lines 1 through 32 on page 6 with the following:
 
5     "(105 ILCS 5/17-1)  (from Ch. 122, par. 17-1)
6     Sec. 17-1. Annual Budget. The board of education of each
7 school district under 500,000 inhabitants shall, within or
8 before the first quarter of each fiscal year, adopt an annual
9 budget which it deems necessary to defray all necessary
10 expenses and liabilities of the district, and in such annual
11 budget shall specify the objects and purposes of each item and
12 amount needed for each object or purpose.
13     The budget shall be entered upon a School District Budget
14 form prepared and provided by the State Board of Education and
15 therein shall contain a statement of the cash on hand at the
16 beginning of the fiscal year, an estimate of the cash expected
17 to be received during such fiscal year from all sources, an
18 estimate of the expenditures contemplated for such fiscal year,
19 and a statement of the estimated cash expected to be on hand at
20 the end of such year. The estimate of taxes to be received may
21 be based upon the amount of actual cash receipts that may
22 reasonably be expected by the district during such fiscal year,
23 estimated from the experience of the district in prior years
24 and with due regard for other circumstances that may
25 substantially affect such receipts. Nothing in this Section

 

 

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1 shall be construed as requiring any district to change or
2 preventing any district from changing from a cash basis of
3 financing to a surplus or deficit basis of financing; or as
4 requiring any district to change or preventing any district
5 from changing its system of accounting.
6     The board of education of each district shall fix a fiscal
7 year therefor. If the beginning of the fiscal year of a
8 district is subsequent to the time that the tax levy due to be
9 made in such fiscal year shall be made, then such annual budget
10 shall be adopted prior to the time such tax levy shall be made.
11 The failure by a board of education of any district to adopt an
12 annual budget, or to comply in any respect with the provisions
13 of this Section, shall not affect the validity of any tax levy
14 of the district otherwise in conformity with the law. With
15 respect to taxes levied either before, on, or after the
16 effective date of this amendatory Act of the 91st General
17 Assembly, (i) a tax levy is made for the fiscal year in which
18 the levy is due to be made regardless of which fiscal year the
19 proceeds of the levy are expended or are intended to be
20 expended, and (ii) except as otherwise provided by law, a board
21 of education's adoption of an annual budget in conformity with
22 this Section is not a prerequisite to the adoption of a valid
23 tax levy and is not a limit on the amount of the levy.
24     Such budget shall be prepared in tentative form by some
25 person or persons designated by the board, and in such
26 tentative form shall be made conveniently available to public
27 inspection for at least 30 days prior to final action thereon.
28 At least 1 public hearing shall be held as to such budget prior
29 to final action thereon. Notice of availability for public
30 inspection and of such public hearing shall be given by
31 publication in a newspaper published in such district, at least
32 30 days prior to the time of such hearing. If there is no
33 newspaper published in such district, notice of such public
34 hearing shall be given by posting notices thereof in 5 of the

 

 

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1 most public places in such district. It shall be the duty of
2 the secretary of such board to make such tentative budget
3 available to public inspection, and to arrange for such public
4 hearing. The board may from time to time make transfers between
5 the various items in any fund not exceeding in the aggregate
6 10% of the total of such fund as set forth in the budget. The
7 board may from time to time amend such budget by the same
8 procedure as is herein provided for its original adoption.
9     Beginning July 1, 1976, the board of education, or regional
10 superintendent, or governing board responsible for the
11 administration of a joint agreement shall, by September 1 of
12 each fiscal year thereafter, adopt an annual budget for the
13 joint agreement in the same manner and subject to the same
14 requirements as are provided in this Section.
15     All districts and joint agreements shall include a separate
16 statement that lists each contract or agreement that pertains
17 to goods and services or licenses that are intended to generate
18 $1,000 or more in additional revenue or other remunerations or
19 considerations for the school district or a school, class, or
20 association authorized by the district, including without
21 limitation vending machines, sports and other attire, class
22 rings, and photographic services. This statement shall
23 identify the contract or agreement and the beneficiary of the
24 contract (whether it be the district or a particular school,
25 class, or association) and show the beginning balance,
26 receipts, expenditures, transfers, and ending balance
27 associated with the contract.
28     The State Board of Education shall exercise powers and
29 duties relating to budgets as provided in Section 2--3.27 of
30 this Act.
31     By fiscal year 1982 all school districts shall use the
32 Program Budget Accounting System.
33     In the case of a school district receiving emergency State
34 financial assistance under Article 1B, the school board shall

 

 

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1 also be subject to the requirements established under Article
2 1B with respect to the annual budget.
3 (Source: P.A. 91-75, eff. 7-9-99.)".