(50 ILCS 330/1) (from Ch. 85, par. 801)
Sec. 1.
Title of Act.
This Act may be cited
as the Illinois Municipal Budget Law.
(Source: P.A. 86-1475.)
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(50 ILCS 330/2) (from Ch. 85, par. 802)
Sec. 2. The following terms, unless the context otherwise
indicates, have the following meaning:
(1) "Municipality" means and includes all municipal corporations and
political subdivisions of this State, or any such unit or body hereafter
created by authority of law, except the following: (a) The State of
Illinois; (b) counties; (c) cities, villages and incorporated towns; (d)
sanitary districts created under "An Act to create sanitary districts
and to remove obstructions in the Des Plaines and Illinois Rivers",
approved May 29, 1889, as amended; (e) forest preserve districts having
a population of 500,000 or more, created under "An Act to provide for
the creation and management of forest preserve districts and repealing
certain Acts therein named", approved June 27, 1913, as amended; (f)
school districts; (g) the Chicago Park District created under "An Act in
relation to the creation, maintenance, operation and improvement of the
Chicago Park District", approved, June 10, 1933, as amended; (h) park
districts created under "The Park District Code", approved July 8, 1947,
as amended; (i) the Regional Transportation Authority created under the
"Regional Transportation Authority Act", enacted by the 78th General
Assembly; and (j) the Illinois Sports Facilities Authority.
(2) "Governing body" means the corporate authorities, body, or other
officer of the municipality authorized by law to raise revenue,
appropriate funds, or levy taxes for the operation and maintenance
thereof.
(3) "Department" means the Department of Commerce and Economic Opportunity.
(Source: P.A. 94-793, eff. 5-19-06.)
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(50 ILCS 330/3) (from Ch. 85, par. 803)
Sec. 3.
The governing body of each municipality of this State, coming within
the provisions of this Act, shall, within or before the first quarter of each
fiscal year, adopt a combined annual budget and appropriation ordinance, by
which ordinance the governing body may appropriate such sum or sums of
money as may be deemed necessary to defray all necessary expenses and
liabilities of such municipality, and in such annual budget and
appropriation ordinance shall specify the objects and purposes for which
such appropriations are made, and the amount appropriated for each object
or purpose.
The municipality may pass a continuing annual budget ordinance. The
municipality may expend funds during the first quarter of the fiscal year
before the municipality has adopted the combined annual budget and
appropriation ordinance.
The budget included in such ordinance 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 municipality
during such fiscal year, estimated from the experience of the municipality
in prior years and with due regard for other circumstances that may
substantially affect such receipts. Provided, however, that nothing in this
Act shall be construed as requiring any municipality to change or
preventing any municipality from changing from a cash basis of financing to
a surplus or deficit basis of financing; or as requiring any municipality
to change or preventing any municipality from changing its system of
accounting.
The governing body of each municipality shall fix a fiscal year
therefor. If the beginning of the fiscal year of a municipality is
subsequent to the time that the tax levy for such fiscal year shall be
made, then such annual budget and appropriation ordinance shall be adopted
prior to the time such tax levy shall be made.
Such budget and appropriation ordinance shall be prepared in tentative
form by some person or persons designated by the governing body, and in
such tentative form shall be made conveniently available to public
inspection for at least thirty days prior to final action thereon.
Provided, that in townships such tentative ordinance for purposes other
than the road and bridge fund shall be prepared by the board of town
trustees. At least one public hearing shall be held as to such budget and
appropriation ordinance prior to final action thereon, notice of which
shall be given by publication in an English language newspaper published in such
municipality, at least 30 days prior to the time of such hearing. If there
is no newspaper published in such municipality, then notice of such public
hearing shall be given by publication in an English language newspaper
published in the
county in which such municipality is located
and having general circulation
within such municipality. If there is no such newspaper published in the
county, notice of such public hearing shall be given by posting notices
thereof in five of the most public places in such municipality. Such notice shall
state the time and place where copies of the tentative budget and appropriation
ordinance are available for public inspection and the time and place of
the hearing. It shall be
the duty of the clerk, secretary, or other similar officer, of such
municipality to make such tentative budget and appropriation ordinance
available to public inspection, and to arrange for such public hearing or
hearings. Except as otherwise provided by law, no further appropriations
shall be made at any other time within such fiscal year, provided that the
governing body of such municipality may from time to time make transfers
between the various items in any fund in such appropriation ordinance not
exceeding in the aggregate ten per cent of the total amount appropriated in
such fund by such ordinance, may transfer funds received by the taxing
district as the result of an erroneous distribution of property taxes by a
county treasurer back to that county treasurer without amending the budget and
appropriation ordinance, and may amend such budget and appropriation
ordinance from time to time by the same procedure as is herein provided for
the original adoption of a budget and appropriation ordinance; provided
that nothing in this section shall be construed to permit transfers between
funds required by law to be kept separate.
(Source: P.A. 89-548, eff. 1-1-97; 90-439, eff. 8-16-97.)
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(50 ILCS 330/4) (from Ch. 85, par. 804)
Sec. 4.
The failure by any governing body of any municipality to adopt an
annual budget and appropriation ordinance, or to comply in any respect with
the provisions of this Act, shall not affect the validity of any tax levy
of any such municipality, otherwise in conformity with the law.
(Source: Laws 1943, vol. 1, p. 1060.)
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(50 ILCS 330/5)
Sec. 5. (Repealed).
(Source: Laws 1945, p. 1218. Repealed by P.A. 98-44, eff. 6-28-13.)
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