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| Public Act 103-0278
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| HB1133 Enrolled | LRB103 05030 RJT 50043 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
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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
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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 |
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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
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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.
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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 |
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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.
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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.
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(Source: P.A. 99-693, eff. 1-1-17.)
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(110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
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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
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vice-chairman or the chairman and vice-chairman are absent |
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from any meeting or refuse to perform their
duties, a chairman |
pro tempore shall be appointed by the board from among
their |
number.
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The secretary may be a member of the board and shall |
perform the duties usually pertaining to his or her office.
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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
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of the board shall be appointed secretary pro tempore.
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(Source: P.A. 100-273, eff. 8-22-17.)
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(110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
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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
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the educational fund or operations and maintenance fund only
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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 |
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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
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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
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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
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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
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theretofore drawn against such taxes and the amount of the |
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interest
accrued and estimated to accrue thereon,
the amount |
estimated to be required to satisfy debt service and pension
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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
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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 |
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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.
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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
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treasurer to make such transfer and stating the purpose |
therefor.
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(Source: P.A. 85-1335.)
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(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 |
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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.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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