State of Illinois
90th General Assembly
Legislation

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90_SB0307ham003

                                           LRB9001280DNmbam05
 1                    AMENDMENT TO SENATE BILL 307
 2        AMENDMENT NO.     .  Amend Senate Bill 307 on page 1,  by
 3    replacing lines 1 and 2 with the following:
 4        "AN ACT concerning units of local government."; and
 5    on page 1, by inserting below line 4 the following:
 6        "Section 3.  The Illinois Municipal Budget Law is amended
 7    by changing Section 3 as follows:
 8        (50 ILCS 330/3) (from Ch. 85, par. 803)
 9        Sec.  3.  The governing body of each municipality of this
10    State, coming within  the  provisions  of  this  Act,  shall,
11    within or before the first quarter of each fiscal year, adopt
12    a  combined  annual  budget  and  appropriation ordinance, by
13    which ordinance the governing body may appropriate  such  sum
14    or  sums  of  money  as may be deemed necessary to defray all
15    necessary expenses and liabilities of such municipality,  and
16    in  such  annual  budget  and  appropriation  ordinance shall
17    specify   the   objects   and   purposes   for   which   such
18    appropriations are made, and the amount appropriated for each
19    object or purpose. The municipality  may  pass  a  continuing
20    annual  budget  ordinance.  The municipality may expend funds
21    during the first  quarter  of  the  fiscal  year  before  the
                            -2-            LRB9001280DNmbam05
 1    municipality  has  adopted  the  combined  annual  budget and
 2    appropriation ordinance.
 3        The budget included in such  ordinance  shall  contain  a
 4    statement  of the cash on hand at the beginning of the fiscal
 5    year, an estimate of the cash expected to be received  during
 6    such  fiscal  year  from  all  sources,  an  estimate  of the
 7    expenditures  contemplated  for  such  fiscal  year,  and   a
 8    statement of the estimated cash expected to be on hand at the
 9    end  of  such year.  The estimate of taxes to be received may
10    be based upon the amount of actual  cash  receipts  that  may
11    reasonably be expected by the municipality during such fiscal
12    year,  estimated  from  the experience of the municipality in
13    prior years and with due regard for other circumstances  that
14    may  substantially  affect such receipts.  Provided, however,
15    that nothing in this Act shall be construed as requiring  any
16    municipality  to  change  or preventing any municipality from
17    changing from a cash basis  of  financing  to  a  surplus  or
18    deficit  basis of financing; or as requiring any municipality
19    to change or preventing any municipality  from  changing  its
20    system of accounting.
21        The  governing  body  of  each  municipality  shall fix a
22    fiscal year therefor.  If the beginning of the fiscal year of
23    a municipality is subsequent to the time that  the  tax  levy
24    for  such  fiscal year shall be made, then such annual budget
25    and appropriation ordinance shall be  adopted  prior  to  the
26    time such tax levy shall be made.
27        Such budget and appropriation ordinance shall be prepared
28    in tentative form by some person or persons designated by the
29    governing  body,  and  in  such  tentative form shall be made
30    conveniently available to  public  inspection  for  at  least
31    thirty  days prior to final action thereon. Provided, that in
32    townships such tentative ordinance for  purposes  other  than
33    the  road  and  bridge fund shall be prepared by the board of
34    town trustees.  At least one public hearing shall be held  as
                            -3-            LRB9001280DNmbam05
 1    to  such  budget  and  appropriation ordinance prior to final
 2    action thereon, notice of which shall be given by publication
 3    in  an  English  language   newspaper   published   in   such
 4    municipality,  at  least  30  days  prior to the time of such
 5    hearing.   If  there  is  no  newspaper  published  in   such
 6    municipality,  then  notice  of  such public hearing shall be
 7    given  by  publication  in  an  English  language   newspaper
 8    published in the county in which such municipality is located
 9    and  having general circulation within such municipality.  If
10    there is no such newspaper published in the county, notice of
11    such public hearing shall be given by posting notices thereof
12    in five of the most public places in such municipality.  Such
13    notice shall state the time and place  where  copies  of  the
14    tentative  budget  and  appropriation ordinance are available
15    for public inspection and the time and place of the  hearing.
16    It  shall  be  the  duty  of  the  clerk, secretary, or other
17    similar officer, of such municipality to make such  tentative
18    budget   and  appropriation  ordinance  available  to  public
19    inspection,  and  to  arrange  for  such  public  hearing  or
20    hearings.  Except as otherwise provided by  law,  no  further
21    appropriations  shall  be  made at any other time within such
22    fiscal  year,  provided  that  the  governing  body  of  such
23    municipality may from time to time make transfers between the
24    various items in any fund in such appropriation ordinance not
25    exceeding in the aggregate ten per cent of the  total  amount
26    appropriated  in  such  fund  by such ordinance, may transfer
27    funds received by the taxing district as  the  result  of  an
28    erroneous   distribution   of  property  taxes  by  a  county
29    treasurer back to that county treasurer without amending  the
30    budget and appropriation ordinance, and may amend such budget
31    and  appropriation  ordinance  from  time to time by the same
32    procedure as is herein provided for the original adoption  of
33    a  budget  and appropriation ordinance; provided that nothing
34    in this  section  shall  be  construed  to  permit  transfers
                            -4-            LRB9001280DNmbam05
 1    between funds required by law to be kept separate.
 2    (Source: P.A. 89-548, eff. 1-1-97.)"; and
 3    on page 2, by inserting below line 10 the following:
 4        "Section  10.  The  Highway  Code  is  amended  by adding
 5    Section 6-805 as follows:
 6        (605 ILCS 5/6-805 new)
 7        Sec.  6-805.  Township  road  districts.   Township  road
 8    districts may acquire the fee simple  title,  or  any  lesser
 9    interest  the district desires, to any land, rights, or other
10    property incidental to road district purposes by purchase  or
11    gift.
12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.".

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