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Attorney General Opinions
School boards can't file
supplemental levy after deadline
"THE current forecast by the Bureau of the
Budget of a $138 million increase [in general
funds] in fiscal 1977 over 1976 looks attainable," reported Comptroller Michael J.
Bakalis. General funds during the first 10
months of fiscal 1977 were $406 million higher
than in fiscal 1976. Things would look better
Bakalis says, if the governor had avoided
unnecessary transfers to various debt service
funds. The state's average wage in manufacturing went up from $231.42 last year to
$247.09. There were 2,403 bills introduced in
the House and 1,380 bills in the Senate during
the 80th General Assembly. The maximum
interest rate in June for loans secured by
residential real estate is 9.75%. The Department of Labor reported the May unemployment rate was the same as April, standing at
5.2%. Decatur showed the only gain from 5.9
to 6.3% in unemployment because of labor
disputes.
28 / July 1977 / Illinois Issues
A SUPPLEMENTAL levy filed by a school
district after the last Tuesday in September is
invalid. Section 17-11 of the School Code
(Ill. Rev. Slat. 1975, chapter 122) requires
school boards to adopt an annual budget
within or before the first quarter of each
fiscal year. If the school board fails to meet
the deadline and the supplemental levy
is "not an amendment to reflect the true acts
of the board prior to such date, the supplemental levy is invalid. The county clerk
cannot validly extend taxes based upon a
void supplementary levy."(No. S-1215,
March 9, 1977)
Legislators' travel expenses
Atty. Gen. William J. Scott told House
Speaker William A. Redmond that Comptroller Michael Bakalis made a reasonable
interpretation of the law when he said that
legislators are not entitled to travel expenses
for a second session that convened during
the same week as another session. Although
the attorney general said the first sentence of
Section 1 of "An act in relation to the
compensation and emoluments of members
of the General Assembly" (Ill. Rev. Slat.
1976 Supp., ch. 63, sec. 14) "appears to
provide payment for expenses for an
unlimited number of trips to the state capital
to attend meetings of the General Assembly,
the proviso clearly limits the payment to no
more than 'one such trip for each week the
General Assembly is actually in session.'"
(No. S-1223, April 7, 1977)
State statistics