Bill Text: IL HB1133 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the contents of the introduced bill with the following changes. Provides that the chairman and vice chairman elected by the board shall be members of the board, but the secretary elected by the board may be either a member of the board or not a member of the board, as determined by the board (instead of the secretary may be a member of the board). Provides that moneys in the working cash fund may be used for any and all community college purposes and may be transferred in whole or in part from the working cash fund to the educational fund or operations and maintenance fund (instead of moneys may be transferred from the working cash fund to the educational fund or operations and maintenance fund) only upon the authority of the board. Provides that a district shall have the authority to increase or again create (instead of just to again create) a working cash fund. Adds further provisions concerning the abatement of a working cash fund. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0278 [HB1133 Detail]

Download: Illinois-2023-HB1133-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1133 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
110 ILCS 805/3-8 from Ch. 122, par. 103-8
110 ILCS 805/3-10 from Ch. 122, par. 103-10
110 ILCS 805/3-33.6 from Ch. 122, par. 103-33.6
Amends the Public Community College Act. Provides that the position of secretary of a board of trustees of a community college district may be held by a member of the board. Provides that if the secretary is not a member of the board, the secretary may receive compensation as fixed by the board prior to the election of the secretary. Provides that if a district abolishes its working cash fund, the transfer of any balance must take place at the close of the then current fiscal year. Allows a community college district to abate its working cash fund upon the adoption of a resolution and transfer part of the balance at any time. Provides that if a community college district elects to abolish or abate its working cash fund, it shall have the authority to again create a working cash fund at any time (rather than if a district elects to abolish its working cash fund, it shall not establish another working cash fund unless approved by the voters). Effective immediately.
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A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Community College Act is amended by
changing Sections 3-8, 3-10, and 3-33.6 as follows:
(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
Sec. 3-8. In this Section, "reasonable emergency" means
any imminent need to maintain the operations or facilities of
the community college district and that such need is due to
circumstances beyond the control of the board.
Following each election and canvass, the new board shall
hold its organizational meeting on or before the 28th day
after the election. If the election is the initial election
ordered by the regional superintendent, the organizational
meeting shall be convened by the regional superintendent, who
shall preside over the meeting until the election for
chairman, vice chairman and secretary of board is completed.
At all other organizational meetings, the chairman of the
board, or, in his or her absence, the president of the
community college or acting chief executive officer of the
college shall convene the new board, and conduct the election
for chairman, vice chairman and secretary. The secretary may
be a member of the board. The secretary, if not a member of the

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board, may receive such compensation as shall be fixed by the
board prior to the election of the secretary. The board shall
then proceed with its organization under the newly elected
board officers, and shall fix a time and place for its regular
meetings. It shall then enter upon the discharge of its
duties. Public notice of the schedule of regular meetings for
the next calendar year, as set at the organizational meeting,
must be given at the beginning of that calendar year. The terms
of board office shall be 2 years, except that the board by
resolution may establish a policy for the terms of office to be
one year, and provide for the election of officers for the
remaining one year period. Terms of members are subject to
Section 2A-54 of the Election Code.
Beginning 45 days prior to the Tuesday following the first
Monday of April in odd-numbered years until the first
organizational meeting of the new board, no addendum to modify
or amend an employee agreement between a community college
district and the district's president, chancellor, or chief
executive officer may be agreed to or executed, nor may an
employment contract be made and entered into between the board
of an established community college district and a president,
chancellor, or chief executive officer. If the current board
must take such action at any time during the 45 days prior to
the Tuesday following the first Monday of April in
odd-numbered years until the first organizational meeting of
the new board due to a reasonable emergency, then that action

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shall be terminated on the 60th day after the first
organizational meeting, unless the new board, by resolution,
reaffirms the agreed-upon addendum or new employment contract.
Special meetings of the board may be called by the
chairman or by any 3 members of the board by giving notice
thereof in writing stating the time, place and purpose of the
meeting. Such notice may be served by mail 48 hours before the
meeting or by personal service 24 hours before the meeting.
At each regular and special meeting which is open to the
public, members of the public and employees of the community
college district shall be afforded time, subject to reasonable
constraints, to comment to or ask questions of the board.
(Source: P.A. 99-693, eff. 1-1-17.)
(110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
Sec. 3-10. The chairman shall preside at all meetings and
shall perform such duties as are imposed upon him or her by law
or by action of the board. The vice-chairman shall perform the
duties of the chairman if there is a vacancy in the office of
the chairman or in case of the chairman's absence or inability
to act. If there is a vacancy in the office of the chairman and
vice-chairman or the chairman and vice-chairman are absent
from any meeting or refuse to perform their duties, a chairman
pro tempore shall be appointed by the board from among their
number.
The secretary may be a member of the board and shall

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perform the duties usually pertaining to his or her office.
The secretary, if not a member of the board, may receive such
compensation as shall be fixed by the board prior to the
election of the secretary. If the secretary he is absent from
any meeting or refuses to perform his or her duties, a member
of the board shall be appointed secretary pro tempore.
(Source: P.A. 100-273, eff. 8-22-17.)
(110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
Sec. 3-33.6. Monies may be transferred from the working
cash fund to the educational fund or operations and
maintenance fund only upon the authority of the board, which
shall by resolution direct the community college treasurer to
make such transfers. The resolution shall set forth (a) the
taxes or other funds in anticipation of the collection or
receipt of which the working cash fund is to be reimbursed, (b)
the entire amount of taxes extended, or which the board shall
estimate will be extended or received, for any year in
anticipation of the collection of all or part of which such
transfers are to be made, (c) the aggregate amount of warrants
or notes theretofore issued in anticipation of the collection
of such taxes under this Act together with the amount of
interest accrued and which the community college board
estimates will accrue thereon, (d) the amount of monies which
the community college board estimates will be derived for any
year from the State, Federal government or other sources in

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anticipation of the receipt of all or part of which such
transfer is to be made, (e) the aggregate amount of receipts
from taxes imposed to replace revenue lost by units of local
government and school districts as a result of the abolition
of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois,
which the corporate authorities estimate will be set aside for
the payment of the proportionate amount of debt service and
pension or retirement obligations, as required by Section 12
of "An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended, and
(f) the aggregate amount of monies theretofore transferred
from the working cash fund to the educational fund or
operations and maintenance fund in anticipation of the
collection of such taxes or of the receipt of such other monies
from other sources. The amount which the resolution shall
direct the community college treasurer so to transfer in
anticipation of the collection of taxes levied or to be
received for any year, together with the aggregate amount of
such anticipation tax warrants or notes theretofore drawn
against such taxes and the amount of the interest accrued and
estimated to accrue thereon, the amount estimated to be
required to satisfy debt service and pension or retirement
obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities",
approved July 31, 1969, as amended, and the aggregate amount

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of such transfers theretofore made in anticipation of the
collection of such taxes may not exceed 90% of the actual or
estimated amount of such taxes extended or to be extended or to
be received as set forth in the resolution. The amount which
the resolution shall direct the community college treasurer so
to transfer in anticipation of the receipt of monies to be
derived for any year from the State, Federal government or
from other sources, together with the aggregate amount
theretofore transferred in anticipation of the receipt of any
such monies, may not exceed the total amount which it is so
estimated will be received from such source. Any community
college district may also abolish its working cash fund upon
the adoption of a resolution so providing and directing the
transfer of any balance in such fund to the operating funds at
the close of the then current fiscal year or may abate its
working cash fund upon the adoption of a resolution so
providing and directing the transfer of part of the balance in
such fund to the operating funds at any time. If a community
college district elects to abolish or abate its working cash
fund under this provision, it shall have the authority to
again create a working cash fund at any time not establish
another working cash fund, unless approved by the voters of
the community college district in the manner provided by
Article III of this Act. When monies are available in the
working cash fund, they shall, unless the community college
district has abolished or abated its working cash fund

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pursuant to this Section, be transferred to the educational
fund and operations and maintenance fund and disbursed for the
payment of salaries and other educational purposes and
operation and maintenance of facilities purposes expenses so
as to avoid, whenever possible, the issuance of tax
anticipation warrants.
Monies earned as interest from the investment of the
working cash fund, or any portion thereof, may be transferred
from the working cash fund to the educational fund or
operations and maintenance fund of the district without any
requirement of repayment to the working cash fund, upon the
authority of the board by separate resolution directing the
treasurer to make such transfer and stating the purpose
therefor.
(Source: P.A. 85-1335.)
Section 99. Effective date. This Act takes effect upon
becoming law.