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

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

---

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-Enrolled.html

---

HB1133 Enrolled LRB103 05030 RJT 50043 b
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 and by adding Section
3-33.6a 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 chairman and

HB1133 Enrolled - 2 - LRB103 05030 RJT 50043 b
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. 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. 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

HB1133 Enrolled - 3 - LRB103 05030 RJT 50043 b
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
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

HB1133 Enrolled - 4 - LRB103 05030 RJT 50043 b
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
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 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 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

HB1133 Enrolled - 5 - LRB103 05030 RJT 50043 b
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 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

HB1133 Enrolled - 6 - LRB103 05030 RJT 50043 b
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 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 increase or again create a

HB1133 Enrolled - 7 - LRB103 05030 RJT 50043 b
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 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.)
(110 ILCS 805/3-33.6a new)
Sec. 3-33.6a. Abatement of working cash fund. A community
college district may abate its working cash fund at any time,
upon the adoption of a resolution so providing, and may direct
the transfer at any time of moneys in that fund to any fund or

HB1133 Enrolled - 8 - LRB103 05030 RJT 50043 b
funds of the district most in need of the money, provided that
the district maintains an amount to the credit of the working
cash fund, including amounts transferred pursuant to Section
3-33.6 and to be reimbursed to the working cash fund, at least
equal to 0.05% of the then-current value, as equalized or
assessed by the Department of Revenue, of the taxable property
in the district. If necessary to effectuate the abatement, any
outstanding loans to other funds of the district may be paid or
become payable to the fund or funds to which the abatement is
made.
Section 99. Effective date. This Act takes effect upon
becoming law.