|
| | HB1133 Enrolled | | LRB103 05030 RJT 50043 b |
|
|
| 1 | | AN ACT concerning education.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5.The Public Community College Act is amended by |
| 5 | | changing Sections 3-8, 3-10, and 3-33.6 and by adding Section |
| 6 | | 3-33.6a as follows:
|
| 7 | | (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
|
| 8 | | Sec. 3-8. In this Section, "reasonable emergency" means |
| 9 | | any imminent need to maintain the operations or facilities of |
| 10 | | the community college district and that such need is due to |
| 11 | | circumstances beyond the control of the board. |
| 12 | | Following each election and canvass, the new board shall
|
| 13 | | hold its organizational meeting on or before the 28th day |
| 14 | | after the election. If the election is the initial election |
| 15 | | ordered by the regional superintendent,
the organizational |
| 16 | | meeting shall be convened by the regional superintendent,
who |
| 17 | | shall preside over the meeting until the election for |
| 18 | | chairman, vice
chairman and secretary of board is completed. |
| 19 | | At all other organizational
meetings, the chairman of the |
| 20 | | board, or, in his or her absence, the president
of the |
| 21 | | community college or acting chief executive officer of the |
| 22 | | college shall
convene the new board, and conduct the election |
| 23 | | for chairman, vice chairman and
secretary. The chairman and |
|
| | HB1133 Enrolled | - 2 - | LRB103 05030 RJT 50043 b |
|
|
|
| 1 | | vice chairman elected by the board shall be members of the |
| 2 | | board, but the secretary elected by the board may be either a |
| 3 | | member of the board or not a member of the board, as determined |
| 4 | | by the board. The secretary, if not a member of the board, may |
| 5 | | receive such compensation as shall be fixed by the board prior |
| 6 | | to the election of the secretary. The board shall then proceed |
| 7 | | with its organization under the newly
elected board officers, |
| 8 | | and shall fix a time and place for its regular
meetings. It |
| 9 | | shall then enter upon the discharge of its duties. Public |
| 10 | | notice of the schedule of regular meetings for the next |
| 11 | | calendar year, as set at the organizational meeting, must be |
| 12 | | given at the beginning of that calendar year. The terms of
|
| 13 | | board office shall be 2 years, except that the board by |
| 14 | | resolution may
establish a policy for the terms of office to be |
| 15 | | one year, and provide for the
election of officers for the |
| 16 | | remaining one year period.
Terms of members are subject to |
| 17 | | Section 2A-54 of the Election Code.
|
| 18 | | Beginning 45 days prior to the Tuesday following the first |
| 19 | | Monday of April in odd-numbered years until the first |
| 20 | | organizational meeting of the new board, no addendum to modify |
| 21 | | or amend an employee agreement between a community college |
| 22 | | district and the district's president, chancellor, or chief |
| 23 | | executive officer may be agreed to or executed, nor may an |
| 24 | | employment contract be made and entered into between the board |
| 25 | | of an established community college district and a president, |
| 26 | | chancellor, or chief executive officer. If the current board |
|
| | HB1133 Enrolled | - 3 - | LRB103 05030 RJT 50043 b |
|
|
|
| 1 | | must take such action at any time during the 45 days prior to |
| 2 | | the Tuesday following the first Monday of April in |
| 3 | | odd-numbered years until the first organizational meeting of |
| 4 | | the new board due to a reasonable emergency, then that action |
| 5 | | shall be terminated on the 60th day after the first |
| 6 | | organizational meeting, unless the new board, by resolution, |
| 7 | | reaffirms the agreed-upon addendum or new employment contract. |
| 8 | | Special meetings of the board may be called by the |
| 9 | | chairman or by any
3 members of the board by giving notice |
| 10 | | thereof in writing stating the
time, place and purpose of the |
| 11 | | meeting. Such notice may be served by
mail 48 hours before the |
| 12 | | meeting or by personal service 24 hours before
the meeting.
|
| 13 | | At each regular and special meeting which is open to the |
| 14 | | public,
members of the public and employees of the community |
| 15 | | college district shall
be afforded time, subject to reasonable |
| 16 | | constraints, to comment to or ask
questions of the board.
|
| 17 | | (Source: P.A. 99-693, eff. 1-1-17.)
|
| 18 | | (110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
|
| 19 | | Sec. 3-10.
The chairman shall preside at all meetings and |
| 20 | | shall perform
such duties as are imposed upon him or her by law |
| 21 | | or by action of the board. The
vice-chairman shall perform the |
| 22 | | duties of the chairman if there is a vacancy in the office of |
| 23 | | the chairman or in case of the chairman's absence or inability |
| 24 | | to act. If there is a vacancy in the office of the chairman and
|
| 25 | | vice-chairman or the chairman and vice-chairman are absent |
|
| | HB1133 Enrolled | - 4 - | LRB103 05030 RJT 50043 b |
|
|
|
| 1 | | from any meeting or refuse to perform their
duties, a chairman |
| 2 | | pro tempore shall be appointed by the board from among
their |
| 3 | | number.
|
| 4 | | The secretary may be a member of the board and shall |
| 5 | | perform the duties usually pertaining to his or her office.
|
| 6 | | The secretary, if not a member of the board, may receive such |
| 7 | | compensation as shall be fixed by the board prior to the |
| 8 | | election of the secretary. If the secretary he is absent from |
| 9 | | any meeting or refuses to perform his or her duties, a member
|
| 10 | | of the board shall be appointed secretary pro tempore.
|
| 11 | | (Source: P.A. 100-273, eff. 8-22-17.)
|
| 12 | | (110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
|
| 13 | | Sec. 3-33.6.
Monies in the working cash fund may be used |
| 14 | | for any and all community college purposes and may be |
| 15 | | transferred in whole or in part from the working cash fund to
|
| 16 | | the educational fund or operations and maintenance fund only
|
| 17 | | upon the authority of the board, which shall by resolution |
| 18 | | direct the
community college treasurer to make such transfers. |
| 19 | | The resolution shall
set forth (a) the taxes or other funds in |
| 20 | | anticipation of the collection
or receipt of which the working |
| 21 | | cash fund is to be reimbursed, (b) the
entire amount of taxes |
| 22 | | extended, or which the board shall estimate will
be extended |
| 23 | | or received, for any year in anticipation of the collection
of |
| 24 | | all or part of which such transfers are to be made, (c) the |
| 25 | | aggregate
amount of warrants or notes theretofore issued in |
|
| | HB1133 Enrolled | - 5 - | LRB103 05030 RJT 50043 b |
|
|
|
| 1 | | anticipation of the
collection of such taxes under this Act |
| 2 | | together with the amount of
interest accrued and which the |
| 3 | | community college board estimates will
accrue thereon, (d) the |
| 4 | | amount of monies which the community college
board estimates |
| 5 | | will be derived for any year from the State, Federal
|
| 6 | | government or other sources in anticipation of the receipt of |
| 7 | | all or
part of which such transfer is to be made, (e)
the |
| 8 | | aggregate amount of receipts from taxes imposed to replace |
| 9 | | revenue
lost by units of local government and school districts |
| 10 | | as a result of the
abolition of ad valorem personal property |
| 11 | | taxes, pursuant to Article IX,
Section 5(c) of the |
| 12 | | Constitution of the State of Illinois, which the corporate
|
| 13 | | authorities estimate will be set aside for the payment of the |
| 14 | | proportionate
amount of debt service and pension or retirement |
| 15 | | obligations, as required by
Section 12 of "An Act in relation |
| 16 | | to State Revenue Sharing with local
government entities", |
| 17 | | approved July 31, 1969, as amended, and (f) the
aggregate |
| 18 | | amount of monies theretofore transferred from the working cash
|
| 19 | | fund to the educational fund or operations and maintenance |
| 20 | | fund in
anticipation of the collection of such taxes or of the |
| 21 | | receipt of such
other monies from other sources. The amount |
| 22 | | which the resolution shall
direct the community college |
| 23 | | treasurer so to transfer in anticipation of
the collection of |
| 24 | | taxes levied or to be received for any year, together
with the |
| 25 | | aggregate amount of such anticipation tax warrants or notes
|
| 26 | | theretofore drawn against such taxes and the amount of the |
|
| | HB1133 Enrolled | - 6 - | LRB103 05030 RJT 50043 b |
|
|
|
| 1 | | interest
accrued and estimated to accrue thereon,
the amount |
| 2 | | estimated to be required to satisfy debt service and pension
|
| 3 | | or retirement obligations, as set forth in Section 12 of "An |
| 4 | | Act in relation
to State revenue sharing with local government |
| 5 | | entities", approved July
31, 1969, as amended, and the |
| 6 | | aggregate amount of such
transfers theretofore made in |
| 7 | | anticipation of the collection of such
taxes may not exceed |
| 8 | | 90% of the actual or estimated amount of such taxes
extended or |
| 9 | | to be extended or to be received as set forth in the
|
| 10 | | resolution. The amount which the resolution shall direct the |
| 11 | | community
college treasurer so to transfer in anticipation of |
| 12 | | the receipt of
monies to be derived for any year from the |
| 13 | | State, Federal government or
from other sources, together with |
| 14 | | the aggregate amount theretofore
transferred in anticipation |
| 15 | | of the receipt of any such monies, may not
exceed the total |
| 16 | | amount which it is so estimated will be received from
such |
| 17 | | source. Any community college district may also abolish its |
| 18 | | working
cash fund upon the adoption of a resolution so |
| 19 | | providing and directing
the transfer of any balance in such |
| 20 | | fund to the operating funds at the close of the then-current |
| 21 | | fiscal year or may abate its working cash fund upon the |
| 22 | | adoption of a resolution so providing and directing the |
| 23 | | transfer of part of the balance in such fund to the operating |
| 24 | | funds at any time. If a
community college district elects to |
| 25 | | abolish or abate its working cash fund under
this provision, |
| 26 | | it shall have the authority to increase or again create a |
|
| | HB1133 Enrolled | - 7 - | LRB103 05030 RJT 50043 b |
|
|
|
| 1 | | working cash fund at any time not establish another working |
| 2 | | cash fund, unless
approved by the voters of the community |
| 3 | | college district in the manner
provided by Article III of this |
| 4 | | Act. When monies are available in the
working cash fund, they |
| 5 | | shall, unless the community college district has
abolished or |
| 6 | | abated its working cash fund pursuant to this Section, be |
| 7 | | transferred
to the educational fund and operations and |
| 8 | | maintenance fund and
disbursed for the payment of salaries and |
| 9 | | other educational purposes
and operation and maintenance of |
| 10 | | facilities purposes expenses so as to
avoid, whenever |
| 11 | | possible, the issuance of tax anticipation warrants.
|
| 12 | | Monies earned as interest from the investment of the |
| 13 | | working cash fund,
or any portion thereof, may be transferred |
| 14 | | from the working cash fund to
the educational fund or |
| 15 | | operations and maintenance fund of
the district without any |
| 16 | | requirement of repayment to the working cash fund,
upon the |
| 17 | | authority of the board by separate resolution directing the
|
| 18 | | treasurer to make such transfer and stating the purpose |
| 19 | | therefor.
|
| 20 | | (Source: P.A. 85-1335.)
|
| 21 | | (110 ILCS 805/3-33.6a new) |
| 22 | | Sec. 3-33.6a. Abatement of working cash fund. A community |
| 23 | | college district may abate its working cash fund at any time, |
| 24 | | upon the adoption of a resolution so providing, and may direct |
| 25 | | the transfer at any time of moneys in that fund to any fund or |
|
| | HB1133 Enrolled | - 8 - | LRB103 05030 RJT 50043 b |
|
|
|
| 1 | | funds of the district most in need of the money, provided that |
| 2 | | the district maintains an amount to the credit of the working |
| 3 | | cash fund, including amounts transferred pursuant to Section |
| 4 | | 3-33.6 and to be reimbursed to the working cash fund, at least |
| 5 | | equal to 0.05% of the then-current value, as equalized or |
| 6 | | assessed by the Department of Revenue, of the taxable property |
| 7 | | in the district. If necessary to effectuate the abatement, any |
| 8 | | outstanding loans to other funds of the district may be paid or |
| 9 | | become payable to the fund or funds to which the abatement is |
| 10 | | made.
|
| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law.
|