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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/8-1-15
(65 ILCS 5/8-1-15) (from Ch. 24, par. 8-1-15)
Sec. 8-1-15.
Any municipality having a population of 500,000 or more,
holding in its treasury any fund set aside for use for a particular purpose
that is not immediately necessary for that purpose, at any time by
ordinance may advance the money in that fund, or such part thereof as may
be required, to the board of local improvements of that municipality. The
board shall apply this money toward the payment of any final judgment of
condemnation rendered in any proceeding involving the taking or damaging of
private property for a local improvement of that municipality, the cost of
which is to be defrayed wholly or partly by special assessment or special
taxation.
Before any money is actually so advanced, the corporate authorities, by
the same ordinance, shall require the board of local improvements to
execute and deposit with the comptroller of the municipality a written
pledge or security to the entire extent of the special assessment or
special tax, for the repayment of the advance out of the proceeds of the
special assessment or special tax. The comptroller shall give a written
receipt for this pledge or security. After such a pledge or security is so
executed and deposited, all money paid on account of the principal and
interest of the special assessment or special tax shall be at once credited
to and placed in the fund from which the advance was made until the fund is
reimbursed for the advance made therefrom. Thereupon, the corporate
authorities by ordinance may cancel and release the pledge or security. The
entire amount of the advance shall be repaid to the specified fund within 5
years from the date of the passage of the ordinance providing for the
advance.
An advance shall bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract. The corporate
authorities shall make provision for the payment, out of any corporate
funds legally available therefor, of any part of this interest which is in
excess of the interest paid on account of the special assessment or special
tax and placed in the specified fund.
If there is no comptroller in the municipality, the municipal clerk
shall perform the duties of the comptroller specified in this section.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of this Act that
may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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65 ILCS 5/8-1-16
(65 ILCS 5/8-1-16) (from Ch. 24, par. 8-1-16)
Sec. 8-1-16.
In any municipality with a population of 500,000 or more the
corporate authorities may levy a tax annually upon all the taxable property
in the municipality at a rate that will produce not to exceed $4,500,000
upon the valuation to be ascertained by the assessment of such property for
purposes of taxation for the year in which each such levy is made. This
tax, if levied, shall be for the purpose of paying judgments entered
against the municipality prior to January 1, 1941, and tort judgments and
judgments for damage to or for the taking of private property for public
use entered after January 1, 1941. This tax shall be levied and collected
in the same manner as the general taxes of the municipality. It shall be
known as the judgment tax and shall be in addition to the maximum of all
other taxes which the municipality is now, or may be hereafter, authorized
by law to levy upon the aggregate valuation of all taxable property within
the municipality.
All money received from this tax shall be set apart in a separate fund
and shall be used solely for the purpose of paying judgments as provided
for in this section. Judgments against the municipality shall be paid out
of this fund in the order in which the judgments were obtained. This order
of payment shall not apply to judgments of $1000 or less, which judgments
may be paid out of said order and in the order in which these judgments of
$1000 or less were obtained.
Interest accrued on these judgments shall be paid with the principal
thereof. However, the interest accrued to any particular date on all
judgments payable out of this fund may be paid ratably at any time without
payment of the principal thereof. Warrants issued in anticipation of the
judgment tax under the provisions of Sections 8-1-11 and 8-1-12 shall bear
interest at a rate not to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of the contract.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the Omnibus Bond
Acts, regardless of any provision of this Act that may appear to be or to
have been more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary authority granted by
the Omnibus Bond Acts, and (iii) that instruments issued under this Section
within the supplementary authority granted by the Omnibus Bond Acts are not
invalid because of any provision of this Act that may appear to be or to
have been more restrictive than those Acts.
(Source: P.A. 86-4.)
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65 ILCS 5/8-1-17
(65 ILCS 5/8-1-17) (from Ch. 24, par. 8-1-17)
Sec. 8-1-17.
The corporate authorities of any municipality
may receive funds from the United States pursuant to the "Comprehensive
Employment and Training Act of 1973", Public Law 93-203, and may disburse
such funds together with any other municipal funds for the purposes
specified in that public law.
The provisions of this Section are not a limitation on the powers of a
home rule municipality.
(Source: P.A. 79-389.)
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65 ILCS 5/8-1-18
(65 ILCS 5/8-1-18) (from Ch. 24, par. 8-1-18)
Sec. 8-1-18.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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65 ILCS 5/Art. 8 Div. 2
(65 ILCS 5/Art. 8 Div. 2 heading)
DIVISION 2.
ANNUAL APPROPRIATION ORDINANCES
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65 ILCS 5/8-2-1
(65 ILCS 5/8-2-1) (from Ch. 24, par. 8-2-1)
Sec. 8-2-1.
Pursuant to the provisions of Sections 8-2-1 through 8-2-8, the
corporate authorities in municipalities with a population of 500,000 or
more, shall pass an ordinance within the last 60 days of each fiscal year,
to be termed the annual appropriation ordinance. In this ordinance the
corporate authorities, subject to the limitations contained in Sections
8-2-1 through 8-2-8, may appropriate such sums of money as are deemed
necessary to defray all necessary expenses and liabilities of the
municipality to be paid or incurred during the next fiscal year.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/8-2-2
(65 ILCS 5/8-2-2) (from Ch. 24, par. 8-2-2)
Sec. 8-2-2.
Prior to November 15 of each year, the mayor in municipalities
specified in Section 8-2-1 shall submit to the corporate authorities the
executive budget for the ensuing fiscal year as prepared by the budget
director of the municipality and approved by the mayor. The executive
budget, as the same may be revised or altered by the corporate authorities,
shall provide the basis upon which the annual appropriation ordinance is
prepared and enacted.
The budget document shall set forth estimates, by classes, of all
current assets and liabilities of each fund of the municipality, as of the
beginning of the fiscal year, for which appropriations are to be made, and
the amount of those assets which will be available for appropriation in
that year, either for expenditures or charges to be made or incurred during
that year or for liabilities unpaid at the beginning thereof. Estimates of
taxes to be received from the levies of prior years shall be net, after
deducting the amounts estimated to be sufficient to cover the loss and cost
of collecting these taxes. These amounts shall include (1) uncollectible
taxes, (2) the cost of collecting taxes, (3) the amount of these taxes for
the nonpayment of which real estate has been or will be forfeited to the
State, and (4) the abatement in the amount of these taxes extended or to be
extended upon the collector's books. In order to secure net estimates there
also shall be deducted the principal of all unpaid tax anticipation
warrants and all interest accrued thereon and an amount estimated to be
sufficient to cover all interest to accrue thereon until redemption of
these tax anticipation warrants. Estimates of the liabilities of the
respective funds shall include (1) all final judgments, including accrued
interest thereon, entered against the municipality and unpaid at the
beginning of the fiscal year for which the appropriations are made, (2) any
amount for which the corporate authorities of the municipality are required
to reimburse the working cash fund from the general corporate fund pursuant
to the provisions of Division 6 of this Article 8, (3) the taxes levied for
the purposes of the reserves provided for in the Illinois Pension Code, as
now or hereafter amended and (4) all other liabilities. However, for the
purpose of these estimates, judgments, for the payment of which a special
tax has been authorized by law, shall not be deemed liabilities of the
general corporate fund of the municipality. Also, estimates of taxes to be
received from the levies of the years prior to 1945 for general corporate
purposes and estimates of the liabilities of the general corporate fund
incurred prior to January 1, 1945, shall not be included in the budget
document. The budget document shall also set forth detailed estimates of
all taxes to be levied for the fiscal year for which the appropriations are
to be made, and detailed estimates of all other current revenue to be
derived from sources other than such taxes, which will be applicable to
expenditures or charges to be made or incurred during that year. All of
these estimates shall be so segregated and classified as to funds and in
such other manner as to give effect to the requirements of law relating to
the respective purposes to which these assets, taxes, and other current
revenue are applicable to the end that no expenditure shall be authorized
or made for any purpose in excess of funds lawfully available therefor.
(Source: Laws 1965, p. 2505.)
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65 ILCS 5/8-2-3
(65 ILCS 5/8-2-3) (from Ch. 24, par. 8-2-3)
Sec. 8-2-3.
Proposed appropriations in municipalities specified in Section
8-2-1 shall be arranged according to funds and also according to
departments and other separate agencies of the municipal government. The
budget document shall specify the objects and purposes for which
appropriations are to be made and the amount proposed to be appropriated
for each object or purpose. It shall include proposed appropriations for
(1) all current expenditures or charges to be made or incurred during the
fiscal year for which appropriations are made; (2) all final judgments,
including accrued interest thereon, entered against the municipality and
unpaid at the beginning of that fiscal year, (3) any amount for which the
corporate authorities of the municipality are required to reimburse the
working cash fund from the general corporate fund pursuant to the
provisions of Division 6 of this Article 8, (4) the taxes levied for the
purposes of the reserves provided for in the Illinois Pension Code, as now
or hereafter amended, (5) all other liabilities, and (6) an amount
estimated to be sufficient to cover the loss and cost of collecting taxes
to be levied for that fiscal year. This last designated amount shall
include (1) uncollectible taxes, (2) the cost of collecting taxes (3) the
amount of taxes levied for the nonpayment of which real estate will be
forfeited to the state, and (4) the amount of taxes extended upon the
collector's books which will be abated. However, the corporate authorities
of the municipality shall not be required to appropriate any amount from
the general corporate fund of the municipality for the payment of any
judgment, for which a special tax has been authorized by law, or for the
payment of any other liability of the general corporate fund incurred prior
to January 1, 1945.
(Source: Laws 1965, p. 2505.)
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65 ILCS 5/8-2-4
(65 ILCS 5/8-2-4) (from Ch. 24, par. 8-2-4)
Sec. 8-2-4.
The objects and purposes for which appropriations shall be made
in municipalities specified in Section 8-2-1 are classified and
standardized by the following items, and by such items shall be designated
in the budget document, and the annual appropriation ordinance:
(1) Personal services
(2) Contractual services
(3) Travel
(4) Commodities
(5) Equipment
(6) Permanent improvements
(7) Land
(8) Contingencies
An appropriation in one or more of the items above specified shall be
construed in accordance with the definitions and limitations specified in
Sections 8-2-1 through 8-2-8, unless the appropriation ordinance otherwise
provides. An appropriation for a purpose other than one specified and
defined in this section and in Section 8-2-5 may be made only as an
additional, separate and distinct item, specifically stating the object and
purpose thereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/8-2-5
(65 ILCS 5/8-2-5) (from Ch. 24, par. 8-2-5)
Sec. 8-2-5.
The items specified in Section 8-2-4 when used in the budget
document and appropriation ordinance of municipalities specified in Section
8-2-1 are defined as follows:
(1) "Personal services": the reward or recompense made for personal
services rendered for the municipality by an individual as an officer or
employee of a municipality or an instrumentality thereof, or as an
independent contractor, including any amount required to be deducted from
the reward or recompense of any such person under the provisions of any
retirement or tax law, or both.
(2) "Contractual service": the expenditures incident to the completion
of a project or the current conduct and operation of an office, department,
board, commission or agency, including, but not limited to, postage and
postal charges, surety bond premiums, title insurance, publications, office
conveniences and services, exclusive of "commodities" as herein defined,
and including also expenditures for rental of property or equipment, repair
or maintenance of property or equipment, utility services, professional or
technical services, and transportation charges exclusive of "travel" as
herein defined.
(3) "Travel": any expenditure directly incident to official travel by
municipal officers and employees or by wards or charges of the municipality
involving reimbursement to travelers or direct payment to private agencies
providing transportation or related services.
(4) "Commodities": expenditures in connection with current operation and
maintenance for the purchase of articles of a consumable nature which show
a material change or appreciable depreciation with first usage, repair
parts, and small tools having a unit value not in any instance exceeding
$10.
(5) "Equipment": expenditures for the acquisition, replacement or
increase of visible tangible personal property of a non-consumable nature,
including livestock.
(6) "Permanent improvements": expenditures for the acquisition,
enlargement or improvement of existing buildings and structures (other than
repair), the erection or construction of any structure or work which
constitutes a substantial addition to real estate, including the total cost
thereof in labor, material and supplies and any other costs and charges
necessary or incident to the completion of the building or structure but
not including "equipment" as herein defined.
(7) "Land": expenditures for the acquisition of real estate (or rights
therein other than leasehold interests obtained through rental), and
consequential damage to real estate occasioned by public improvements,
whether obtained by purchase or by condemnation under the eminent domain
laws of the state, and for expenses necessarily incidental to such purchase
or condemnation.
(8) "Contingencies": expenditures for purposes not covered in any other
item, which purposes could not reasonably have been foreseen and provided
for at the time of the enactment of the appropriation ordinance. The amount
of any such contingency item for any office, department, board, commission
or agency shall in no case exceed $100,000.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/8-2-6
(65 ILCS 5/8-2-6) (from Ch. 24, par. 8-2-6)
Sec. 8-2-6.
Budget document; availability; hearing; limitations on
appropriations.
(a) The corporate authorities in municipalities specified in
Section 8-2-1 shall make the budget document as submitted by the mayor
conveniently available to public inspection for at least 10 days before
the passage of the annual appropriation ordinance, by publication in the
journal of the proceedings of the corporate authorities or in another
form prescribed by the corporate authorities.
(b) Not less than one week
after the publication of the budget document, and before final action on
the appropriation ordinance, the corporate authorities shall hold at least
one public hearing on the budget document. Notice of this hearing shall be
given by publication in a newspaper having a general circulation in the
municipality at least one week before the time of the
hearing. After the public hearing and before final action is taken on the appropriation
ordinance, the corporate authorities may revise, alter, increase, or
decrease the items contained in the budget document. Upon completion of its
action on the budget document, the corporate authorities shall enact the
budget document as so revised as the annual appropriation
ordinance.
(c) All of the
requirements pertaining to the form and substance of the budget document,
including limitations, as prescribed in Sections 8-2-1 through 8-2-8, shall
be applicable to the appropriation ordinance. Detailed schedules supporting
the appropriation ordinance shall be attached to the ordinance and shall be
published in the official record of the municipalities simultaneously with
the appropriation ordinance, but shall not be considered as an official
part of the ordinance.
(d) The aggregate amount finally appropriated by the
appropriation ordinance, including any subsequent amendment of the
ordinance, from
any fund or for any purpose (including amounts appropriated for judgments
and all other unpaid liabilities and all other purposes for which the
corporate authorities are by this Section or otherwise by law required to
appropriate) shall not exceed the aggregate amount available in that fund
or for that purpose as shown by the estimates of the available assets
thereof at the beginning of the fiscal year for which appropriations are
made and of taxes and other current revenue set forth in the budget
document as submitted to the corporate authorities or as revised by the
budget director. If the appropriations from any
fund as set forth in the appropriation ordinance as finally adopted exceed
in the aggregate the maximum amount that the corporate authorities are
authorized by this Section to appropriate from the fund,
all appropriations
made from that fund by the appropriation ordinance are void. In this latter
event, the several amounts appropriated for current operation and
maintenance expense in the appropriation ordinance of the last preceding
fiscal year shall be deemed to be appropriated for the fiscal year for
which the void appropriations were made for the objects and purposes,
respectively, as specified in the last preceding appropriation ordinance.
The several amounts so deemed to be appropriated shall constitute lawful
appropriations upon which taxes for the fiscal year for which the void
appropriations were made may be levied under
Section 8-3-1.
(e) The corporate authorities may amend the annual appropriation
ordinance at their next regular meeting occurring not less than 5 days
after the passage of the ordinance, in the same manner as other ordinances. If any
item of appropriation contained in the appropriation ordinance is vetoed by the mayor, with
a recommendation for a change in that item, the adoption of
the recommendation by
a yea and nay vote shall be regarded as the equivalent of an amendment of
the annual appropriation ordinance with the same effect as if an amendatory
ordinance were duly passed. The appropriation ordinance, as originally
passed or as subsequently amended, also may be amended at any regular or
special meeting of the corporate authorities held not more than 15 days
after the first regular meeting of the corporate authorities occurring not
less than 5 days after the passage of the ordinance, by repealing or
reducing the amount of any item of appropriation contained in the
ordinance.
(Source: P.A. 87-1119.)
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65 ILCS 5/8-2-7
(65 ILCS 5/8-2-7) (from Ch. 24, par. 8-2-7)
Sec. 8-2-7.
Except as otherwise specially provided by law, no further
appropriations in municipalities specified in Section 8-2-1 shall be made
prior to the passage of the next succeeding annual appropriation ordinance.
However, during any fiscal year the corporate authorities in such
municipalities may adopt a supplemental appropriation ordinance in an
amount not in excess of the aggregate of any additional revenue available
to the municipality, or estimated to be received by the municipality
subsequent to the adoption of the annual appropriation ordinance for that
fiscal year. Such supplemental appropriation ordinance shall only affect
revenue that was not available for appropriation when that annual
appropriation ordinance was adopted, and the provisions of Section 8-2-6
relating to publication, notice and public hearing shall not be applicable
to such supplemental appropriation ordinance or to the budget document
forming the basis of such ordinance. At any time during the fiscal year,
the corporate authorities by a majority vote of all their members and upon
request of the mayor, may make transfers within any department or other
separate agency of the municipal government, of sums of money appropriated
for one corporate object or purpose to another corporate object or purpose,
but the aggregate of transfers from any appropriation shall not exceed 5%
of the appropriation. At any time after the first half of each fiscal year,
the corporate authorities may, by a two-thirds vote of all of their
members, make transfers within any department or other separate agency of
the municipal government, of sums of money appropriated for one corporate
object or purpose to another corporate object or purpose in excess of the
5% limitation, but no appropriation for any object or purpose shall by
virtue of any transfer herein authorized be reduced below an amount
sufficient to cover all obligations incurred or to be incurred against that
appropriation.
(Source: Laws 1967, p. 2672.)
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65 ILCS 5/8-2-8
(65 ILCS 5/8-2-8) (from Ch. 24, par. 8-2-8)
Sec. 8-2-8.
Nothing contained in Sections 8-2-1 through 8-2-7 shall deprive
the corporate authorities of power to provide for the payment from the
funds of the municipality of any charge imposed by law without the action
of any corporate authority thereof, whenever the payment of the charge has
been ordered by a court of competent jurisdiction.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/8-2-9
(65 ILCS 5/8-2-9) (from Ch. 24, par. 8-2-9)
Sec. 8-2-9.
In municipalities with less than 500,000 inhabitants, except as otherwise provided in this Section, the
corporate authorities shall pass an ordinance within the first quarter
of each fiscal year, to be termed the annual appropriation ordinance. On and after January 1, 2020, if a disaster, state of emergency, or national emergency is declared within the 60 days preceding the end of the first quarter of a municipality's fiscal year and the disaster, emergency, or declaration impacts the municipality, the time limit to pass the annual appropriation ordinance shall be extended for the duration of the disaster or emergency and for 60 days thereafter. During the extended period, the municipality may expend sums of money up to amounts budgeted or appropriated for those objects and purposes in the previous fiscal year to defray all necessary expenses and liabilities of the municipality. In
this ordinance, the corporate authorities (i) may appropriate sums
of money deemed necessary to defray all necessary expenses and
liabilities of the municipalities, including the amounts to be deposited
in the reserves provided for in the Illinois Pension Code and (ii) shall
specify the objects and purposes for which these appropriations are made
and the amount appropriated for each object or purpose. Among the objects
and purposes specified shall be the reserves provided for in the Illinois
Pension Code. Except as otherwise provided, no further
appropriations shall be made at any other time within the same fiscal
year, unless a proposition to make each additional appropriation has
been first sanctioned by a petition signed by electors of the
municipality numbering more than 50% of the number of votes cast for the
candidates for mayor or president at the last preceding general
municipal election at which a mayor or president was elected, by a
petition signed by them, or by a majority of those voting on the
question at a regular election or at an emergency referendum authorized in
accordance with the general election law. The corporate authorities may by
ordinance initiate the submission of the proposition. During any fiscal
year, the corporate authorities in municipalities subject to this Section
may adopt a supplemental appropriation ordinance in an amount not in excess
of the aggregate of any additional revenue available to the
municipality, or estimated to be received by the municipality after
the adoption of the annual appropriation ordinance for that fiscal
year, or from fund balances available when the annual appropriation
ordinance was adopted but that were not appropriated at that time.
The provisions of this Section prohibiting further appropriations without
sanction by petition or election shall not be applicable to the
supplemental appropriation for that fiscal year. The corporate authorities
at any time, however, by a two-thirds vote of all the members of the body,
may make transfers within any department or other separate agency of the
municipal government of sums of money appropriated for one corporate object
or purpose to another corporate object or purpose, but no appropriation for
any object or purpose shall thereby be reduced below an amount sufficient
to cover all obligations incurred or to be incurred against the
appropriation. Nothing in this Section shall deprive the corporate
authorities of the power to provide for and cause to be paid from the funds
of the municipality any charge imposed by law without the action of the
corporate authorities, the payment of which is ordered by a court of
competent jurisdiction.
At least 10 days before the adoption of the annual appropriation
ordinance, the corporate authorities of municipalities over 2,000 in
population shall make the proposed appropriation ordinance or a formally
prepared appropriation or budget document upon which the annual
appropriation ordinance will be based conveniently available to public
inspection. In addition, the corporate authorities shall hold at least one
public hearing on that proposed appropriation ordinance. Notice of this
hearing shall be given publication in one or more newspapers published in
the municipality or, if there is none published in the municipality, in a
newspaper published in the county and having general circulation in the
municipality at least 10 days before the time of the public hearing. The
notice shall state the time and place of the hearing and the place where
copies of the proposed appropriation ordinance or formally prepared
appropriation or budget document will be accessible for examination. The
annual appropriation ordinance may be adopted at the same meeting at which
the public hearing is held or at any time after that public hearing.
After the public hearing and before final action is taken on the
appropriation ordinance, the corporate authorities may revise, alter,
increase, or decrease the items contained in the ordinance.
Notwithstanding any above provision of this Section, any
municipality in which Article 5 becomes effective after the annual
appropriation ordinance has been passed for the current fiscal year may
amend the appropriation ordinance in any manner necessary to make
Article 5 fully operative in that municipality for that fiscal year. No
amendment shall be construed, however, to affect any tax levy
made on the basis of the original appropriation ordinance.
This Section does not apply to municipalities operating under
special charters.
(Source: P.A. 101-640, eff. 6-12-20.)
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65 ILCS 5/8-2-9.1
(65 ILCS 5/8-2-9.1) (from Ch. 24, par. 8-2-9.1)
Sec. 8-2-9.1. Budget officer. Every municipality with a population of
less than 500,000
(except special charter municipalities having a population in excess of
50,000) that has adopted this Section 8-2-9.1 and Sections
8-2-9.2
through 8-2-9.10 by a two-thirds majority vote of those members of the
corporate authorities then holding office shall have a budget officer who
shall be designated by the mayor or president, with the approval of the
corporate authorities. In municipalities operating
under the
commission form of government, the commissioner of accounts and
finances shall designate the budget officer,
with the approval of the council or board of trustees, as the case may
be. In municipalities with a managerial form of government, the
municipal
manager shall designate the budget officer. The budget officer shall
take an oath and post a bond as provided in
Section 3.1-10-25. The budget officer may hold another municipal
office,
either elected or appointed (including, but not limited to, the office of mayor or president in municipalities with a population under 10,000), and may receive compensation for both offices except when a mayor or president in a municipality with a population under 10,000 is also the budget officer.
Article 10 of this Code shall not apply to an individual serving as the
budget officer. The budget officer shall serve at the pleasure of
the
mayor or municipal manager, as the case may be.
(Source: P.A. 99-386, eff. 8-17-15.)
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65 ILCS 5/8-2-9.2
(65 ILCS 5/8-2-9.2) (from Ch. 24, par. 8-2-9.2)
Sec. 8-2-9.2.
The municipal budget officer appointed in any municipality
pursuant to Section 8-2-9.1 shall have the following powers and duties:
(a) Permit and encourage and establish the use of efficient planning,
budgeting, auditing, reporting, accounting, and other fiscal management
procedures in all municipal departments, commissions, and boards.
(b) Compile an annual budget in accordance with Section 8-2-9.3.
(c) Examine all books and records of all municipal departments,
commissions, and boards which relate to monies received by the
municipality, municipal departments, commissions, and boards, and paid out
by the municipality, municipal departments, commissions, and boards, debts
and accounts receivable, amounts owed by or to the municipality, municipal
departments, commissions, and boards.
(d) Obtain such additional information from the municipality, municipal
departments, commissions, and boards as may be useful to the budget officer
for purposes of compiling a municipal budget, such information to be
furnished by the municipality, municipal departments, commissions, and
boards in the form required by the budget officer. Any department,
commission or board which refuses to make such information as is requested
of it available to the budget officer shall not be permitted to make
expenditures under any subsequent budget for the municipality until such
municipal department, commission, or board shall comply in full with the
request of the budget officer.
(e) Establish and maintain such procedures as shall insure that no
expenditures are made by the municipality, municipal departments,
commissions, or board except as authorized by the budget.
(Source: P.A. 76-1117.)
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65 ILCS 5/8-2-9.3
(65 ILCS 5/8-2-9.3) (from Ch. 24, par. 8-2-9.3)
Sec. 8-2-9.3.
The municipal budget officer shall compile a budget, such
budget to contain estimates of revenues available to the municipality for
the fiscal year for which the budget is drafted, together with recommended
expenditures for the municipality and all of the municipality's
departments, commissions, and boards. Revenue estimates and expenditure
recommendations shall be presented in a manner which is in conformity with
good fiscal management practices. Substantial conformity to a chart of
accounts, now or in the future, recommended by the National Committee on
Governmental Accounting, or the Auditor of Public Accounts of the State
of Illinois, or the Division of Local Governmental Affairs and Property
Taxes of the Department of Revenue of the State of Illinois or successor
agencies shall be deemed proof of such conformity. The budget shall contain
actual or estimated revenues and expenditures for the two years immediately
preceding the fiscal year for which the budget is prepared. So far as is
possible, the fiscal data for such two preceding fiscal years shall be
itemized in a manner which is in conformity with the chart of accounts
approved above. Each budget shall show the specific fund from which each
anticipated expenditure shall be made.
(Source: P.A. 91-357, eff. 7-29-99.)
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65 ILCS 5/8-2-9.4
(65 ILCS 5/8-2-9.4) (from Ch. 24, par. 8-2-9.4)
Sec. 8-2-9.4.
Passage of the annual budget by the corporate authorities
shall be in lieu of passage of the appropriation ordinance as required by
Section 8-2-9 of this Act. The annual budget need not be published except
in a manner provided for in Section 8-2-9.9. Except as otherwise provided in this Section, the annual budget shall be
adopted by the corporate authorities before the beginning of the fiscal
year to which it applies. On and after January 1, 2020, if a disaster, state of emergency, or national emergency is declared within 60 days of the end of a municipality's fiscal year and the disaster, emergency, or declaration impacts the municipality, the time limit to pass the annual budget shall be extended for the duration of the disaster or emergency and for 60 days thereafter. During the extended period, the municipality may expend sums of money up to amounts budgeted or appropriated for those objects and purposes in the previous fiscal year to defray all necessary expenses and liabilities of the municipality.
(Source: P.A. 101-640, eff. 6-12-20.)
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65 ILCS 5/8-2-9.5
(65 ILCS 5/8-2-9.5) (from Ch. 24, par. 8-2-9.5)
Sec. 8-2-9.5.
In the preparation by the municipal budget officer of the
annual budget, an amount not to exceed 3% of the equalized assessed value of
property subject to taxation by the municipality may be accumulated in a
separate fund for the purpose or purposes of specific capital improvements,
repairs, and/or replacements of specific types of municipal equipment or
other tangible property, both real and personal, to be designated as the
"Capital Improvement, Repair or Replacement Fund". Expenditures from the
Capital Improvement, Repair or Replacement Fund shall be budgeted in the
fiscal year in which the capital improvement, repair or replacement will
occur. Upon the completion or abandonment of any object for which the
Capital Improvement, Repair or Replacement Fund, or should any surplus
monies remain after the completion or abandonment of any object for which
the Capital Improvement, Repair or Replacement Fund was inaugurated, then
such funds no longer necessary for capital improvement, repair or
replacement shall be transferred into the general corporate fund of the
municipality on the first day of the fiscal year following such
abandonment, completion, or discovery of surplus funds.
(Source: P.A. 84-147.)
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65 ILCS 5/8-2-9.6
(65 ILCS 5/8-2-9.6) (from Ch. 24, par. 8-2-9.6)
Sec. 8-2-9.6.
The corporate authorities may delegate authority to heads of
municipal departments, boards, or commissions to delete, add to, change or
create sub-classes within object classes budgeted previously to the
department, board, or commission, subject to such limitation or requirement
for prior approval by the budget officer or executive officer of the
municipality as the council, upon a two-thirds vote of the corporate
authorities then holding office, may establish. By a vote of two-thirds of
the members of the corporate authorities then holding office, the annual
budget for the municipality may be revised by deleting, adding to, changing
or creating sub-classes within object classes and object classes
themselves. No revision of the budget shall be made increasing the budget
in the event funds are not available to effectuate the purpose of the
revision.
(Source: P.A. 76-1117.)
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