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90_HB0677
50 ILCS 330/3 from Ch. 85, par. 803
605 ILCS 5/6-805 new
Amends the Illinois Municipal Budget Law to provide that
municipalities may expend funds during the first quarter of
their fiscal year before the municipality has passed the
combined annual budget and appropriation ordinance and may
pass a continuing budget ordinance. Amends the Illinois
Highway Code to provide that township road districts may
acquire title to any land, rights, or other property
incidental to road district purposes by purchase, gift, or
eminent domain. Effective immediately.
LRB9002811DNsb
LRB9002811DNsb
1 AN ACT concerning units of local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Budget Law is amended
5 by changing Section 3 as follows:
6 (50 ILCS 330/3) (from Ch. 85, par. 803)
7 Sec. 3. The governing body of each municipality of this
8 State, coming within the provisions of this Act, shall,
9 within or before the first quarter of each fiscal year, adopt
10 a combined annual budget and appropriation ordinance, by
11 which ordinance the governing body may appropriate such sum
12 or sums of money as may be deemed necessary to defray all
13 necessary expenses and liabilities of such municipality, and
14 in such annual budget and appropriation ordinance shall
15 specify the objects and purposes for which such
16 appropriations are made, and the amount appropriated for each
17 object or purpose. The municipality may pass a continuing
18 annual budget ordinance. The municipality may expend funds
19 during the first quarter of the fiscal year before the
20 municipality has adopted the combined annual budget and
21 appropriation ordinance.
22 The budget included in such ordinance shall contain a
23 statement of the cash on hand at the beginning of the fiscal
24 year, an estimate of the cash expected to be received during
25 such fiscal year from all sources, an estimate of the
26 expenditures contemplated for such fiscal year, and a
27 statement of the estimated cash expected to be on hand at the
28 end of such year. The estimate of taxes to be received may
29 be based upon the amount of actual cash receipts that may
30 reasonably be expected by the municipality during such fiscal
31 year, estimated from the experience of the municipality in
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1 prior years and with due regard for other circumstances that
2 may substantially affect such receipts. Provided, however,
3 that nothing in this Act shall be construed as requiring any
4 municipality to change or preventing any municipality from
5 changing from a cash basis of financing to a surplus or
6 deficit basis of financing; or as requiring any municipality
7 to change or preventing any municipality from changing its
8 system of accounting.
9 The governing body of each municipality shall fix a
10 fiscal year therefor. If the beginning of the fiscal year of
11 a municipality is subsequent to the time that the tax levy
12 for such fiscal year shall be made, then such annual budget
13 and appropriation ordinance shall be adopted prior to the
14 time such tax levy shall be made.
15 Such budget and appropriation ordinance shall be prepared
16 in tentative form by some person or persons designated by the
17 governing body, and in such tentative form shall be made
18 conveniently available to public inspection for at least
19 thirty days prior to final action thereon. Provided, that in
20 townships such tentative ordinance for purposes other than
21 the road and bridge fund shall be prepared by the board of
22 town trustees. At least one public hearing shall be held as
23 to such budget and appropriation ordinance prior to final
24 action thereon, notice of which shall be given by publication
25 in an English language newspaper published in such
26 municipality, at least 30 days prior to the time of such
27 hearing. If there is no newspaper published in such
28 municipality, then notice of such public hearing shall be
29 given by publication in an English language newspaper
30 published in the county in which such municipality is located
31 and having general circulation within such municipality. If
32 there is no such newspaper published in the county, notice of
33 such public hearing shall be given by posting notices thereof
34 in five of the most public places in such municipality. Such
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1 notice shall state the time and place where copies of the
2 tentative budget and appropriation ordinance are available
3 for public inspection and the time and place of the hearing.
4 It shall be the duty of the clerk, secretary, or other
5 similar officer, of such municipality to make such tentative
6 budget and appropriation ordinance available to public
7 inspection, and to arrange for such public hearing or
8 hearings. Except as otherwise provided by law, no further
9 appropriations shall be made at any other time within such
10 fiscal year, provided that the governing body of such
11 municipality may from time to time make transfers between the
12 various items in any fund in such appropriation ordinance not
13 exceeding in the aggregate ten per cent of the total amount
14 appropriated in such fund by such ordinance, may transfer
15 funds received by the taxing district as the result of an
16 erroneous distribution of property taxes by a county
17 treasurer back to that county treasurer without amending the
18 budget and appropriation ordinance, and may amend such budget
19 and appropriation ordinance from time to time by the same
20 procedure as is herein provided for the original adoption of
21 a budget and appropriation ordinance; provided that nothing
22 in this section shall be construed to permit transfers
23 between funds required by law to be kept separate.
24 (Source: P.A. 89-548, eff. 1-1-97.)
25 Section 10. The Highway Code is amended by adding
26 Section 5-805 as follows:
27 (605 ILCS 5/6-805 new)
28 Sec. 6-805. Township road districts. Township road
29 districts may acquire the fee simple title, or any lesser
30 interest the district desires, to any land, rights, or other
31 property incidental to road district purposes by purchase or
32 gift, or if the compensation or damages cannot be agreed
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1 upon, by the exercise of the right of eminent domain under
2 the eminent domain laws of this State.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.