Full Text of SB0648 97th General Assembly
SB0648 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0648 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | 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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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 17-1 as follows:
| 6 | | (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
| 7 | | 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 and file | 10 | | with the State Board of Education an annual balanced budget | 11 | | which it deems
necessary to defray all necessary expenses and | 12 | | liabilities of the
district, and in such annual budget shall | 13 | | specify the objects and
purposes of each item and amount needed | 14 | | for each object or purpose. | 15 | | The budget shall be entered upon a School District Budget | 16 | | form prepared
and provided by the State Board of Education and | 17 | | therein shall contain
a statement of the cash on hand at the
| 18 | | beginning of the fiscal year, an estimate of the cash expected | 19 | | to be
received during such fiscal year from all sources, an | 20 | | estimate of the
expenditures contemplated for such fiscal year, | 21 | | and a statement of the
estimated cash expected to be on hand at | 22 | | the end of such year. The
estimate of taxes to be received may | 23 | | be based upon the amount of actual
cash receipts that may |
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| 1 | | reasonably be expected by the district during
such fiscal year, | 2 | | estimated from the experience of the district in prior
years | 3 | | and with due regard for other circumstances that may | 4 | | substantially
affect such receipts. Nothing in this Section | 5 | | shall be construed as
requiring any district to change or | 6 | | preventing any district from
changing from a cash basis of | 7 | | financing to a surplus or deficit basis of
financing; or as | 8 | | requiring any district to change or preventing any
district | 9 | | from changing its system of accounting.
| 10 | | To the extent that a school district's budget is not | 11 | | balanced, the district shall also adopt and file with the State | 12 | | Board of Education a deficit reduction plan to balance the | 13 | | district's budget within 3 years. The deficit reduction plan | 14 | | must be filed at the same time as the budget, but the State | 15 | | Superintendent of Education may extend this deadline if the | 16 | | situation warrants.
| 17 | | The board of education of each district shall fix a fiscal | 18 | | year
therefor. If the beginning of the fiscal year of a | 19 | | district is
subsequent to the time that the tax levy due to be | 20 | | made in such
fiscal year shall be
made, then such annual budget | 21 | | shall be adopted prior to the time such
tax levy shall be made.
| 22 | | The failure by a board of education of any district to adopt an | 23 | | annual
budget, or to comply in any respect with the provisions | 24 | | of this Section, shall
not affect the validity of any tax levy | 25 | | of the district otherwise in
conformity with the law. With | 26 | | respect to taxes levied either before, on, or
after the |
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| 1 | | effective date of this amendatory Act of the 91st General | 2 | | Assembly,
(i) a tax levy is made
for the fiscal year in which | 3 | | the levy is due to be made regardless of which
fiscal year the | 4 | | proceeds of the levy are expended or are intended to be
| 5 | | expended, and (ii) except as otherwise provided by law, a board | 6 | | of education's
adoption of
an annual budget in conformity with | 7 | | this Section is not a prerequisite to the
adoption of a valid | 8 | | tax levy and is not a limit on the amount of the levy.
| 9 | | Such budget shall be prepared in tentative form by some | 10 | | person or
persons designated by the board, and in such | 11 | | tentative form shall be
made conveniently available to public | 12 | | inspection for at least 30 days
prior to final action thereon. | 13 | | At least 1 public hearing shall be held
as to such budget prior | 14 | | to final action thereon. Notice of availability
for public | 15 | | inspection and of such public hearing shall be given by
| 16 | | publication in a newspaper published in such district, at least | 17 | | 30 days
prior to the time of such hearing. If there is no | 18 | | newspaper published
in such district, notice of such public | 19 | | hearing shall be given by
posting notices thereof in 5 of the | 20 | | most public places in such district.
It shall be the duty of | 21 | | the secretary of such board to make such
tentative budget | 22 | | available to public inspection, and to arrange for such
public | 23 | | hearing. The board may from time to time make transfers between
| 24 | | the various items in any fund not exceeding in the aggregate | 25 | | 10% of the
total of such fund as set forth in the budget. The | 26 | | board may from time
to time amend such budget by the same |
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| 1 | | procedure as is herein provided
for its original adoption.
| 2 | | Beginning July 1, 1976, the board of education, or regional
| 3 | | superintendent, or governing board responsible for the | 4 | | administration of
a joint agreement shall, by September 1 of | 5 | | each
fiscal year thereafter, adopt an annual budget for the | 6 | | joint agreement
in the same manner and subject to the same | 7 | | requirements as are provided
in this Section.
| 8 | | The State Board of Education shall exercise powers and | 9 | | duties
relating to budgets as provided in Section 2-3.27 of | 10 | | this Code and shall require school districts to submit their | 11 | | annual budgets, deficit reduction plans, and other financial | 12 | | information, including revenue and expenditure reports and | 13 | | borrowing and interfund transfer plans, in such form and within | 14 | | the timelines designated by the State Board of Education.
| 15 | | By fiscal year 1982 all school districts shall use the | 16 | | Program Budget
Accounting System.
| 17 | | In the case of a school district receiving emergency State | 18 | | financial
assistance under Article 1B, the school board shall | 19 | | also be subject to the
requirements
established under Article | 20 | | 1B with respect to the annual budget.
| 21 | | (Source: P.A. 94-234, eff. 7-1-06.)
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