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


97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0648

Introduced 2/8/2011, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:
105 ILCS 5/17-1 from Ch. 122, par. 17-1

Amends the School Code. Makes a technical change in a Section concerning the annual budgets of school districts other than the Chicago school district.
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A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
517-1 as follows:
6 (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
7 Sec. 17-1. Annual Budget. The The board of education of
8each school district under 500,000 inhabitants shall, within or
9before the first quarter of each fiscal year, adopt and file
10with the State Board of Education an annual balanced budget
11which it deems necessary to defray all necessary expenses and
12liabilities of the district, and in such annual budget shall
13specify the objects and purposes of each item and amount needed
14for each object or purpose.
15 The budget shall be entered upon a School District Budget
16form prepared and provided by the State Board of Education and
17therein shall contain a statement of the cash on hand at the
18beginning of the fiscal year, an estimate of the cash expected
19to be received during such fiscal year from all sources, an
20estimate of the expenditures contemplated for such fiscal year,
21and a statement of the estimated cash expected to be on hand at
22the end of such year. The estimate of taxes to be received may
23be based upon the amount of actual cash receipts that may

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1reasonably be expected by the district during such fiscal year,
2estimated from the experience of the district in prior years
3and with due regard for other circumstances that may
4substantially affect such receipts. Nothing in this Section
5shall be construed as requiring any district to change or
6preventing any district from changing from a cash basis of
7financing to a surplus or deficit basis of financing; or as
8requiring any district to change or preventing any district
9from changing its system of accounting.
10 To the extent that a school district's budget is not
11balanced, the district shall also adopt and file with the State
12Board of Education a deficit reduction plan to balance the
13district's budget within 3 years. The deficit reduction plan
14must be filed at the same time as the budget, but the State
15Superintendent of Education may extend this deadline if the
16situation warrants.
17 The board of education of each district shall fix a fiscal
18year therefor. If the beginning of the fiscal year of a
19district is subsequent to the time that the tax levy due to be
20made in such fiscal year shall be made, then such annual budget
21shall be adopted prior to the time such tax levy shall be made.
22The failure by a board of education of any district to adopt an
23annual budget, or to comply in any respect with the provisions
24of this Section, shall not affect the validity of any tax levy
25of the district otherwise in conformity with the law. With
26respect to taxes levied either before, on, or after the

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1effective date of this amendatory Act of the 91st General
2Assembly, (i) a tax levy is made for the fiscal year in which
3the levy is due to be made regardless of which fiscal year the
4proceeds of the levy are expended or are intended to be
5expended, and (ii) except as otherwise provided by law, a board
6of education's adoption of an annual budget in conformity with
7this Section is not a prerequisite to the adoption of a valid
8tax levy and is not a limit on the amount of the levy.
9 Such budget shall be prepared in tentative form by some
10person or persons designated by the board, and in such
11tentative form shall be made conveniently available to public
12inspection for at least 30 days prior to final action thereon.
13At least 1 public hearing shall be held as to such budget prior
14to final action thereon. Notice of availability for public
15inspection and of such public hearing shall be given by
16publication in a newspaper published in such district, at least
1730 days prior to the time of such hearing. If there is no
18newspaper published in such district, notice of such public
19hearing shall be given by posting notices thereof in 5 of the
20most public places in such district. It shall be the duty of
21the secretary of such board to make such tentative budget
22available to public inspection, and to arrange for such public
23hearing. The board may from time to time make transfers between
24the various items in any fund not exceeding in the aggregate
2510% of the total of such fund as set forth in the budget. The
26board may from time to time amend such budget by the same

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1procedure as is herein provided for its original adoption.
2 Beginning July 1, 1976, the board of education, or regional
3superintendent, or governing board responsible for the
4administration of a joint agreement shall, by September 1 of
5each fiscal year thereafter, adopt an annual budget for the
6joint agreement in the same manner and subject to the same
7requirements as are provided in this Section.
8 The State Board of Education shall exercise powers and
9duties relating to budgets as provided in Section 2-3.27 of
10this Code and shall require school districts to submit their
11annual budgets, deficit reduction plans, and other financial
12information, including revenue and expenditure reports and
13borrowing and interfund transfer plans, in such form and within
14the timelines designated by the State Board of Education.
15 By fiscal year 1982 all school districts shall use the
16Program Budget Accounting System.
17 In the case of a school district receiving emergency State
18financial assistance under Article 1B, the school board shall
19also be subject to the requirements established under Article
201B with respect to the annual budget.
21(Source: P.A. 94-234, eff. 7-1-06.)
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