98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1410

 

Introduced 2/6/2013, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 1205/4-4  from Ch. 105, par. 4-4

    Amends the Park District Code. Permits the governing body to approve a supplemental appropriation ordinance, but only with respect to additional revenue that becomes available to the Park District or is estimated to be received by the Park District subsequent to the adoption of the annual appropriation ordinance for that fiscal year. Provides that publication, notice, and hearing requirements are not applicable to the supplemental ordinance and the budget document forming the basis of that ordinance. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Park District Code is amended by changing
5Section 4-4 as follows:
 
6    (70 ILCS 1205/4-4)  (from Ch. 105, par. 4-4)
7    Sec. 4-4. Adoption of budget and passage of annual
8appropriation ordinance required.
9    The governing body of each Park District shall, within or
10before the first quarter of each fiscal year, adopt a combined
11annual budget and appropriation ordinance, by which ordinance
12the board may appropriate such sum or sums of money as may be
13deemed necessary to defray all necessary expenses and
14liabilities of such Park District, and in such annual budget
15and appropriation ordinance shall specify the objects and
16purposes for which such appropriations are made, and the amount
17appropriated for each object or purpose.
18    The budget included in such ordinance shall contain a
19statement of the cash on hand at the beginning of the fiscal
20year, an estimate of the cash expected to be received during
21such fiscal year from all sources, an estimate of the
22expenditures contemplated for such fiscal year, and a statement
23of the estimated cash expected to be on hand at the end of such

 

 

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1year. The estimate of taxes to be received may be based upon
2the amount of actual cash receipts that may reasonably be
3expected by the Park District during such fiscal year,
4estimated from the experience of the Park District in prior
5years and with due regard for other circumstances that may
6substantially affect such receipts. However, nothing in this
7Act shall be construed as requiring any Park District to change
8or preventing any Park District from changing from a cash basis
9of financing to a surplus or deficit basis of financing; or as
10requiring any Park District to change or preventing any Park
11District from changing its system of accounting.
12    The governing body of each Park District shall fix a fiscal
13year therefor.
14    Such budget and appropriation ordinance shall be prepared
15in tentative form by some person or persons designated by the
16governing body, and in such tentative form shall be made
17conveniently available to public inspection for at least 30
18days prior to final action thereon. At least one public hearing
19shall be held as to such budget and appropriation ordinance
20prior to final action thereon, notice of which shall be given
21by publication in a newspaper published in such Park District,
22at least one week prior to the time of such hearing. If there
23is no newspaper published in such Park District, notice of such
24public hearing shall be given by posting notices thereof in 5
25of the most public places in such Park District. It shall be
26the duty of the secretary of such Park District to make such

 

 

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1tentative budget and appropriation ordinance available to
2public inspection, and to arrange for such public hearing or
3hearings. Except as hereinafter provided otherwise provided by
4law, no further appropriations shall be made at any other time
5within such fiscal year, provided that the board of such Park
6District may from time to time make transfers between the
7various items in any fund in such appropriation ordinance not
8exceeding in the aggregate 10% of the total amount appropriated
9in such fund by such ordinance, and may amend such budget and
10appropriation ordinance from time to time by the same procedure
11as is herein provided for the original adoption of a budget and
12appropriation ordinance; provided that nothing in this Section
13shall be construed to permit transfers between funds required
14by law to be kept separate. However, during any fiscal year,
15the governing body of any Park District may adopt a
16supplemental appropriation ordinance subsequent to the
17adoption of the annual appropriation ordinance for that fiscal
18year in an amount not to exceed the aggregate of any additional
19revenue available to the Park District or estimated to be
20received by the Park District. The provisions of this Section
21regarding publication, notice, and public hearing shall not
22apply to the supplemental ordinance or to the budget document
23forming the basis of the ordinance.
24    After the first 6 months of any fiscal year have elapsed
25the board may by two-thirds vote transfer from any
26appropriation item its anticipated unexpended funds to any

 

 

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1other item of appropriation, theretofore made, and the item to
2which said transfer is made may be increased to the extent of
3the amount so transferred.
4    The provisions of "The Illinois Municipal Budget Law",
5approved July 12, 1937, as now or hereinafter amended, are not
6applicable to Park Districts organized under this Act.
7    The failure of the governing body of any park district to
8adopt an annual budget and appropriation ordinance, or to
9comply in any respect with the provisions of this Section,
10shall not affect the validity of any tax levy of any such park
11district, otherwise in conformity with the law. The budget and
12appropriation ordinance for any fiscal year is not intended or
13required to be in support of or in relation to any tax levy
14made during that fiscal year.
15(Source: P.A. 78-1132.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.