Bill Text: IL SB0648 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the School Code. Makes a technical change in a Section concerning the annual budgets of school districts other than the Chicago school district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0648 Detail]
Download: Illinois-2011-SB0648-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 17-1 as follows:
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6 | (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
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7 | Sec. 17-1. Annual Budget. The
The board of education of | |||||||||||||||||||
8 | each school
district under 500,000 inhabitants shall, within or | |||||||||||||||||||
9 | before the first
quarter of each fiscal year, adopt and file | |||||||||||||||||||
10 | with the State Board of Education an annual balanced budget | |||||||||||||||||||
11 | which it deems
necessary to defray all necessary expenses and | |||||||||||||||||||
12 | liabilities of the
district, and in such annual budget shall | |||||||||||||||||||
13 | specify the objects and
purposes of each item and amount needed | |||||||||||||||||||
14 | for each object or purpose. | |||||||||||||||||||
15 | The budget shall be entered upon a School District Budget | |||||||||||||||||||
16 | form prepared
and provided by the State Board of Education and | |||||||||||||||||||
17 | therein shall contain
a statement of the cash on hand at the
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18 | beginning of the fiscal year, an estimate of the cash expected | |||||||||||||||||||
19 | to be
received during such fiscal year from all sources, an | |||||||||||||||||||
20 | estimate of the
expenditures contemplated for such fiscal year, | |||||||||||||||||||
21 | and a statement of the
estimated cash expected to be on hand at | |||||||||||||||||||
22 | the end of such year. The
estimate of taxes to be received may | |||||||||||||||||||
23 | be based upon the amount of actual
cash receipts that may |
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1 | reasonably be expected by the district during
such fiscal year, | ||||||
2 | estimated from the experience of the district in prior
years | ||||||
3 | and with due regard for other circumstances that may | ||||||
4 | substantially
affect such receipts. Nothing in this Section | ||||||
5 | shall be construed as
requiring any district to change or | ||||||
6 | preventing any district from
changing from a cash basis of | ||||||
7 | financing to a surplus or deficit basis of
financing; or as | ||||||
8 | requiring any district to change or preventing any
district | ||||||
9 | from changing its system of accounting.
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10 | To the extent that a school district's budget is not | ||||||
11 | balanced, the district shall also adopt and file with the State | ||||||
12 | Board of Education a deficit reduction plan to balance the | ||||||
13 | district's budget within 3 years. The deficit reduction plan | ||||||
14 | must be filed at the same time as the budget, but the State | ||||||
15 | Superintendent of Education may extend this deadline if the | ||||||
16 | situation warrants.
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17 | The board of education of each district shall fix a fiscal | ||||||
18 | year
therefor. If the beginning of the fiscal year of a | ||||||
19 | district is
subsequent to the time that the tax levy due to be | ||||||
20 | made in such
fiscal year shall be
made, then such annual budget | ||||||
21 | shall be adopted prior to the time such
tax levy shall be made.
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22 | The failure by a board of education of any district to adopt an | ||||||
23 | annual
budget, or to comply in any respect with the provisions | ||||||
24 | of this Section, shall
not affect the validity of any tax levy | ||||||
25 | of the district otherwise in
conformity with the law. With | ||||||
26 | respect to taxes levied either before, on, or
after the |
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1 | effective date of this amendatory Act of the 91st General | ||||||
2 | Assembly,
(i) a tax levy is made
for the fiscal year in which | ||||||
3 | the levy is due to be made regardless of which
fiscal year the | ||||||
4 | proceeds of the levy are expended or are intended to be
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5 | expended, and (ii) except as otherwise provided by law, a board | ||||||
6 | of education's
adoption of
an annual budget in conformity with | ||||||
7 | this Section is not a prerequisite to the
adoption of a valid | ||||||
8 | tax levy and is not a limit on the amount of the levy.
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9 | Such budget shall be prepared in tentative form by some | ||||||
10 | person or
persons designated by the board, and in such | ||||||
11 | tentative form shall be
made conveniently available to public | ||||||
12 | inspection for at least 30 days
prior to final action thereon. | ||||||
13 | At least 1 public hearing shall be held
as to such budget prior | ||||||
14 | to final action thereon. Notice of availability
for public | ||||||
15 | inspection and of such public hearing shall be given by
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16 | publication in a newspaper published in such district, at least | ||||||
17 | 30 days
prior to the time of such hearing. If there is no | ||||||
18 | newspaper published
in such district, notice of such public | ||||||
19 | hearing shall be given by
posting notices thereof in 5 of the | ||||||
20 | most public places in such district.
It shall be the duty of | ||||||
21 | the secretary of such board to make such
tentative budget | ||||||
22 | available to public inspection, and to arrange for such
public | ||||||
23 | hearing. The board may from time to time make transfers between
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24 | the various items in any fund not exceeding in the aggregate | ||||||
25 | 10% of the
total of such fund as set forth in the budget. The | ||||||
26 | board may from time
to time amend such budget by the same |
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1 | procedure as is herein provided
for its original adoption.
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2 | Beginning July 1, 1976, the board of education, or regional
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3 | superintendent, or governing board responsible for the | ||||||
4 | administration of
a joint agreement shall, by September 1 of | ||||||
5 | each
fiscal year thereafter, adopt an annual budget for the | ||||||
6 | joint agreement
in the same manner and subject to the same | ||||||
7 | requirements as are provided
in this Section.
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8 | The State Board of Education shall exercise powers and | ||||||
9 | duties
relating to budgets as provided in Section 2-3.27 of | ||||||
10 | this Code and shall require school districts to submit their | ||||||
11 | annual budgets, deficit reduction plans, and other financial | ||||||
12 | information, including revenue and expenditure reports and | ||||||
13 | borrowing and interfund transfer plans, in such form and within | ||||||
14 | the timelines designated by the State Board of Education.
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15 | By fiscal year 1982 all school districts shall use the | ||||||
16 | Program Budget
Accounting System.
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17 | In the case of a school district receiving emergency State | ||||||
18 | financial
assistance under Article 1B, the school board shall | ||||||
19 | also be subject to the
requirements
established under Article | ||||||
20 | 1B with respect to the annual budget.
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21 | (Source: P.A. 94-234, eff. 7-1-06.)
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