State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ House Amendment 001 ]

90_HB0641eng

      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
HB0641 Engrossed                               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
HB0641 Engrossed            -2-                LRB9002811DNsb
 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
HB0641 Engrossed            -3-                LRB9002811DNsb
 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 6-805 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
HB0641 Engrossed            -4-                LRB9002811DNsb
 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.

[ Top ]