Public Act 103-0278

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

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

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

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

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

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

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

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.