Full Text of HB2006 94th General Assembly
HB2006 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2006
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Calvin L. Giles SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/17-1 |
from Ch. 122, par. 17-1 |
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Amends the School Code. Makes a technical change in a Section concerning the
annual budgets of school districts other than the Chicago school district.
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A BILL FOR
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HB2006 |
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LRB094 02835 NHT 32836 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 17-1 as follows:
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| (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
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| Sec. 17-1. Annual Budget. The
The board of education of | 8 |
| each school
district under 500,000 inhabitants shall, within or | 9 |
| before the first
quarter of each fiscal year, adopt an annual | 10 |
| budget which it deems
necessary to defray all necessary | 11 |
| expenses and liabilities of the
district, and in such annual | 12 |
| budget shall specify the objects and
purposes of each item and | 13 |
| amount needed for each object or purpose. | 14 |
| The budget shall be entered upon a School District Budget | 15 |
| form prepared
and provided by the State Board of Education and | 16 |
| therein shall contain
a statement of the cash on hand at the
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| beginning of the fiscal year, an estimate of the cash expected | 18 |
| to be
received during such fiscal year from all sources, an | 19 |
| estimate of the
expenditures contemplated for such fiscal year, | 20 |
| and a statement of the
estimated cash expected to be on hand at | 21 |
| the end of such year. The
estimate of taxes to be received may | 22 |
| be based upon the amount of actual
cash receipts that may | 23 |
| reasonably be expected by the district during
such fiscal year, | 24 |
| estimated from the experience of the district in prior
years | 25 |
| and with due regard for other circumstances that may | 26 |
| substantially
affect such receipts. Nothing in this Section | 27 |
| shall be construed as
requiring any district to change or | 28 |
| preventing any district from
changing from a cash basis of | 29 |
| financing to a surplus or deficit basis of
financing; or as | 30 |
| requiring any district to change or preventing any
district | 31 |
| from changing its system of accounting.
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| The board of education of each district shall fix a fiscal |
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HB2006 |
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LRB094 02835 NHT 32836 b |
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| year
therefor. If the beginning of the fiscal year of a | 2 |
| district is
subsequent to the time that the tax levy due to be | 3 |
| made in such
fiscal year shall be
made, then such annual budget | 4 |
| shall be adopted prior to the time such
tax levy shall be made.
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| The failure by a board of education of any district to adopt an | 6 |
| annual
budget, or to comply in any respect with the provisions | 7 |
| of this Section, shall
not affect the validity of any tax levy | 8 |
| of the district otherwise in
conformity with the law. With | 9 |
| respect to taxes levied either before, on, or
after the | 10 |
| effective date of this amendatory Act of the 91st General | 11 |
| Assembly,
(i) a tax levy is made
for the fiscal year in which | 12 |
| the levy is due to be made regardless of which
fiscal year the | 13 |
| proceeds of the levy are expended or are intended to be
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| expended, and (ii) except as otherwise provided by law, a board | 15 |
| of education's
adoption of
an annual budget in conformity with | 16 |
| this Section is not a prerequisite to the
adoption of a valid | 17 |
| tax levy and is not a limit on the amount of the levy.
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| Such budget shall be prepared in tentative form by some | 19 |
| person or
persons designated by the board, and in such | 20 |
| tentative form shall be
made conveniently available to public | 21 |
| inspection for at least 30 days
prior to final action thereon. | 22 |
| At least 1 public hearing shall be held
as to such budget prior | 23 |
| to final action thereon. Notice of availability
for public | 24 |
| inspection and of such public hearing shall be given by
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| publication in a newspaper published in such district, at least | 26 |
| 30 days
prior to the time of such hearing. If there is no | 27 |
| newspaper published
in such district, notice of such public | 28 |
| hearing shall be given by
posting notices thereof in 5 of the | 29 |
| most public places in such district.
It shall be the duty of | 30 |
| the secretary of such board to make such
tentative budget | 31 |
| available to public inspection, and to arrange for such
public | 32 |
| hearing. The board may from time to time make transfers between
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| the various items in any fund not exceeding in the aggregate | 34 |
| 10% of the
total of such fund as set forth in the budget. The | 35 |
| board may from time
to time amend such budget by the same | 36 |
| procedure as is herein provided
for its original adoption.
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| Beginning July 1, 1976, the board of education, or regional
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| superintendent, or governing board responsible for the | 3 |
| administration of
a joint agreement shall, by September 1 of | 4 |
| each
fiscal year thereafter, adopt an annual budget for the | 5 |
| joint agreement
in the same manner and subject to the same | 6 |
| requirements as are provided
in this Section.
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| The State Board of Education shall exercise powers and | 8 |
| duties
relating to budgets as provided in Section 2--3.27 of | 9 |
| this Act.
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| By fiscal year 1982 all school districts shall use the | 11 |
| Program Budget
Accounting System.
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| In the case of a school district receiving emergency State | 13 |
| financial
assistance under Article 1B, the school board shall | 14 |
| also be subject to the
requirements
established under Article | 15 |
| 1B with respect to the annual budget.
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| (Source: P.A. 91-75, eff. 7-9-99.)
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