Public Act 90-0439 of the 90th General Assembly
Public Act 90-0439
SB307 Enrolled LRB9001280DNcc
AN ACT concerning units of local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois Municipal Budget Law is amended
by changing Section 3 as follows:
(50 ILCS 330/3) (from Ch. 85, par. 803)
Sec. 3. The governing body of each municipality of this
State, coming within the provisions of this Act, shall,
within or before the first quarter of each fiscal year, adopt
a combined annual budget and appropriation ordinance, by
which ordinance the governing body may appropriate such sum
or sums of money as may be deemed necessary to defray all
necessary expenses and liabilities of such municipality, and
in such annual budget and appropriation ordinance shall
specify the objects and purposes for which such
appropriations are made, and the amount appropriated for each
object or purpose. The municipality may pass a continuing
annual budget ordinance. The municipality may expend funds
during the first quarter of the fiscal year before the
municipality has adopted the combined annual budget and
appropriation ordinance.
The budget included in such ordinance shall contain a
statement of the cash on hand at the beginning of the fiscal
year, an estimate of the cash expected to be received during
such fiscal year from all sources, an estimate of the
expenditures contemplated for such fiscal year, and a
statement of the estimated cash expected to be on hand at the
end of such year. The estimate of taxes to be received may
be based upon the amount of actual cash receipts that may
reasonably be expected by the municipality during such fiscal
year, estimated from the experience of the municipality in
prior years and with due regard for other circumstances that
may substantially affect such receipts. Provided, however,
that nothing in this Act shall be construed as requiring any
municipality to change or preventing any municipality from
changing from a cash basis of financing to a surplus or
deficit basis of financing; or as requiring any municipality
to change or preventing any municipality from changing its
system of accounting.
The governing body of each municipality shall fix a
fiscal year therefor. If the beginning of the fiscal year of
a municipality is subsequent to the time that the tax levy
for such fiscal year shall be made, then such annual budget
and appropriation ordinance shall be adopted prior to the
time such tax levy shall be made.
Such budget and appropriation ordinance shall be prepared
in tentative form by some person or persons designated by the
governing body, and in such tentative form shall be made
conveniently available to public inspection for at least
thirty days prior to final action thereon. Provided, that in
townships such tentative ordinance for purposes other than
the road and bridge fund shall be prepared by the board of
town trustees. At least one public hearing shall be held as
to such budget and appropriation ordinance prior to final
action thereon, notice of which shall be given by publication
in an English language newspaper published in such
municipality, at least 30 days prior to the time of such
hearing. If there is no newspaper published in such
municipality, then notice of such public hearing shall be
given by publication in an English language newspaper
published in the county in which such municipality is located
and having general circulation within such municipality. If
there is no such newspaper published in the county, notice of
such public hearing shall be given by posting notices thereof
in five of the most public places in such municipality. Such
notice shall state the time and place where copies of the
tentative budget and appropriation ordinance are available
for public inspection and the time and place of the hearing.
It shall be the duty of the clerk, secretary, or other
similar officer, of such municipality to make such tentative
budget and appropriation ordinance available to public
inspection, and to arrange for such public hearing or
hearings. Except as otherwise provided by law, no further
appropriations shall be made at any other time within such
fiscal year, provided that the governing body of such
municipality may from time to time make transfers between the
various items in any fund in such appropriation ordinance not
exceeding in the aggregate ten per cent of the total amount
appropriated in such fund by such ordinance, may transfer
funds received by the taxing district as the result of an
erroneous distribution of property taxes by a county
treasurer back to that county treasurer without amending the
budget and appropriation ordinance, and may amend such budget
and appropriation ordinance from time to time by the same
procedure as is herein provided for the original adoption of
a budget and appropriation ordinance; provided that nothing
in this section shall be construed to permit transfers
between funds required by law to be kept separate.
(Source: P.A. 89-548, eff. 1-1-97.)
Section 5. The Township Code is amended by adding
Section 182-5 as follows:
(60 ILCS 1/182-5 new)
Sec. 182-5. Primary health care special district; tax.
(a) In any township in a county with a population of
25,000 or less containing a federally designated health
manpower shortage area, the township board may provide for
primary health care under an intergovernmental cooperation
agreement with another unit of local government or under
contract with physicians, a physician group, a professional
service corporation, a medical corporation, or a federally
qualified health center.
(b) For purposes described in subsection (a), the
township board may levy an annual tax of not more than 0.095%
of the value of all the taxable property in the township, as
equalized or assessed by the Department of Revenue, upon that
property. Before a tax may be levied under this Section, the
township board shall certify that question to the proper
election officials in accordance with General Election Law,
who shall submit the proposition by referendum to all the
voters in the area to be served. The referendum shall be in
substantially the following form:
Shall (name of township) be authorized to levy an annual
tax of not more than 0.095% of the value of all the taxable
property in the township to provide primary health care to
its citizens?
The votes shall be recorded as "Yes" or "No".
If the majority of the voters voting on the proposition
vote in favor of it, the tax levy is authorized. If a
majority of the vote is against the proposition, the tax levy
is not authorized. No tax may be levied under this Section,
however, with respect to any property that is subject to any
other tax levied for the sole purpose of providing primary
health care.
(c) Any territory of a special primary health care
district that is annexed to a municipality that provides
primary health care within its corporate limits shall be
automatically disconnected from the township primary health
care district.
Section 10. The Highway Code is amended by adding
Section 6-805 as follows:
(605 ILCS 5/6-805 new)
Sec. 6-805. Township road districts. Township road
districts may acquire the fee simple title, or any lesser
interest the district desires, to any land, rights, or other
property incidental to road district purposes by purchase or
gift.
Section 99. Effective date. This Act takes effect upon
becoming law.