Bill Text: IL HB1493 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Public Community College Act. Changes references from "chairman" to "chairperson" of the board of trustees of a community college district; makes related changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1493 Detail]

Download: Illinois-2011-HB1493-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1493 Introduced , by Rep. Mike Bost 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 805/3-19 from Ch. 122, par. 103-19
110 ILCS 805/3-19.1 from Ch. 122, par. 103-19.1
110 ILCS 805/3-20.3.01 from Ch. 122, par. 103-20.3.01
110 ILCS 805/3-20.5 from Ch. 122, par. 103-20.5
110 ILCS 805/3-27 from Ch. 122, par. 103-27
110 ILCS 805/3-33.3 from Ch. 122, par. 103-33.3
110 ILCS 805/3-51 from Ch. 122, par. 103-51
110 ILCS 805/3A-1 from Ch. 122, par. 103A-1
110 ILCS 805/3A-20 from Ch. 122, par. 103A-20
110 ILCS 805/7-22 from Ch. 122, par. 107-22
110 ILCS 805/7-23 from Ch. 122, par. 107-23
110 ILCS 805/7-25 from Ch. 122, par. 107-25
110 ILCS 805/7-26 from Ch. 122, par. 107-26
Amends the Public Community College Act. Changes references from "chairman" to "chairperson" of the board of trustees of a community college district; makes related changes.
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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, 3-19, 3-19.1, 3-20.3.01, 3-20.5,
3-27, 3-33.3, 3-51, 3A-1, 3A-20, 7-22, 7-23, 7-25, and 7-26 as
follows:
(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
Sec. 3-8. 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 chairperson chairman, vice chairperson chairman
and secretary of board is completed. At all other
organizational meetings, the chairperson 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 chairperson chairman, vice chairperson chairman and
secretary. The board shall then proceed with its organization
under the newly elected board officers, and shall fix a time

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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.
Special meetings of the board may be called by the
chairperson 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. 95-116, eff. 8-13-07; 95-791, eff. 8-8-08.)
(110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
Sec. 3-10. The chairperson 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-chairperson
vice-chairman shall serve in the chairperson's chairman's

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absence. If the chairperson chairman and vice-chairperson
vice-chairman are absent from any meeting or refuse to perform
their duties, a chairperson chairman pro tempore shall be
appointed by the board from among their number.
The secretary shall perform the duties usually pertaining
to his office. If he is absent from any meeting or refuses to
perform his duties, a member of the board shall be appointed
secretary pro tempore.
(Source: Laws 1967, p. 1229.)
(110 ILCS 805/3-19) (from Ch. 122, par. 103-19)
Sec. 3-19. Before entering upon his duties, each treasurer
shall execute a bond with 2 or more persons having an interest
in real estate who are not members of the board of the
district, or with a surety company authorized to do business in
this State, as sureties, payable to the board of the community
college district for which he is treasurer and conditioned upon
the faithful discharge of his duties. The penalty of the bond
shall be 25% of the amount of all bonds, notes, mortgages,
moneys, and effects of which the treasurer is to have custody,
whether individuals act as surety or whether the surety is
given by a surety authorized to do business in this State. The
penalty of the bond of the treasurer shall be increased or
decreased from time to time, as the increase or decrease of the
amount of notes, bonds, mortgages, moneys and effects may
require, and whenever in the judgment of the State board the

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penalty of the bond should be increased or decreased. The bond
must be approved by at least a majority of the board of the
community college district and filed with the State Board. A
copy of the bond must also be filed with the county clerk of
each county in which any part of the community college district
is situated. The bond shall be in substantially the following
form:
STATE OF ILLINOIS)
) SS.
.......... COUNTY)
We, .... and .... are obligated, jointly and severally, to
the Board of Community College District No. ...., County (or
Counties) of .... and State of Illinois in the penal sum of
$...., for the payment of which we obligate ourselves, our
heirs, executors and administrators.
Dated (insert date).
The condition of this obligation is such that if ....,
treasurer in the district above stated, faithfully discharges
the duties of his or her office, according to law, and delivers
to his or her successor in office, after that successor has
qualified by giving bond as provided by law, all moneys, books,
papers, securities and property, which shall come into his or
her possession or control, as such treasurer, from the date of
his or her bond to the time that his or her successor has
qualified as treasurer, by giving such bond as is required by
law, then this obligation to be void; otherwise to remain in

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full force and effect.
Signed:.....................
............................
............................
............................
Approved and accepted by Board of Community College
District No. .... County (or Counties) of .... and State of
Illinois. By .... Chairperson Chairman .... Secretary
No part of any State or other district funds may be paid to
any treasurer or other persons authorized to receive it unless
the treasurer has filed his or her bond as required herein.
(Source: P.A. 92-167, eff. 7-26-01; 93-163, eff. 7-10-03.)
(110 ILCS 805/3-19.1) (from Ch. 122, par. 103-19.1)
Sec. 3-19.1. When any warrant issued for the wages of an
educational employee is presented to the treasurer and is not
paid for want of funds, the treasurer shall endorse it over his
signature, "not paid for want of funds", with the date of
presentation, and shall make and keep a record of that
endorsement. The warrant shall thereafter bear interest at the
rate of 6% per annum, until the treasurer notifies the
chairperson chairman of the board in writing that he has funds
to pay it. The treasurer shall make and keep a record of that
notice and hold the funds necessary to pay the warrant until it
is presented. The warrant shall draw no interest after notice
is given to the chairperson chairman of the board.

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(Source: P.A. 82-622.)
(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
Sec. 3-20.3.01. Whenever, as a result of any lawful order
of any agency, other than a local community college board,
having authority to enforce any law or regulation designed for
the protection, health or safety of community college students,
employees or visitors, or any law or regulation for the
protection and safety of the environment, pursuant to the
"Environmental Protection Act", any local community college
district, including any district to which Article VII of this
Act applies, is required to alter or repair any physical
facilities, or whenever any district determines that it is
necessary for energy conservation, health or safety,
environmental protection or handicapped accessibility purposes
that any physical facilities should be altered or repaired and
that such alterations or repairs will be made with funds not
necessary for the completion of approved and recommended
projects for fire prevention and safety, or whenever after the
effective date of this amendatory Act of 1984 any district,
including any district to which Article VII applies, provides
for alterations or repairs determined by the local community
college board to be necessary for health and safety,
environmental protection, handicapped accessibility or energy
conservation purposes, such district may, by proper resolution
which specifically identifies the project and which is adopted

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pursuant to the provisions of the Open Meetings Act, levy a tax
for the purpose of paying for such alterations or repairs, or
survey by a licensed architect or engineer, upon the equalized
assessed value of all the taxable property of the district at a
rate not to exceed .05% per year for a period sufficient to
finance such alterations or repairs, upon the following
conditions:
(a) When in the judgment of the local community college
board of trustees there are not sufficient funds available in
the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered,
determined as necessary.
(b) When a certified estimate of a licensed architect or
engineer stating the estimated amount that is necessary to make
the alterations or repairs so ordered or determined as
necessary has been secured by the local community college
district and the project and estimated amount have been
approved by the Executive Director of the State Board.
The filing of a certified copy of the resolution or
ordinance levying the tax when accompanied by the certificate
of approval of the Executive Director of the State Board shall
be the authority of the county clerk or clerks to extend such
tax; provided, however, that in no event shall the extension
for the current and preceding years, if any, under this Section
be greater than the amount so approved, and interest on bonds
issued pursuant to this Section and in the event such current

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extension and preceding extensions exceed such approval and
interest, it shall be reduced proportionately.
The county clerk of each of the counties in which any
community college district levying a tax under the authority of
this Section is located, in reducing raised levies, shall not
consider any such tax as a part of the general levy for
community college purposes and shall not include the same in
the limitation of any other tax rate which may be extended.
Such tax shall be levied and collected in like manner as all
other taxes of community college districts.
The tax rate limit hereinabove specified in this Section
may be increased to .10% upon the approval of a proposition to
effect such increase by a majority of the electors voting on
that proposition at a regular scheduled election. Such
proposition may be initiated by resolution of the local
community college board and shall be certified by the secretary
of the local community college board to the proper election
authorities for submission in accordance with the general
election law.
Each local community college district authorized to levy
any tax pursuant to this Section may also or in the alternative
by proper resolution or ordinance borrow money for such
specifically identified purposes not in excess of $4,500,000 in
the aggregate at any one time when in the judgment of the local
community college board of trustees there are not sufficient
funds available in the operations and maintenance fund of the

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district to permanently pay for such alterations or repairs so
ordered or determined as necessary and a certified estimate of
a licensed architect or engineer stating the estimated amount
has been secured by the local community college district and
the project and the estimated amount have been approved by the
State Board, and as evidence of such indebtedness may issue
bonds without referendum. However, Community College District
No. 522 and Community College District No. 536 may or in the
alternative by proper resolution or ordinance borrow money for
such specifically identified purposes not in excess of
$20,000,000 in the aggregate at any one time when in the
judgment of the community college board of trustees there are
not sufficient funds available in the operations and
maintenance fund of the district to permanently pay for such
alterations or repairs so ordered or determined as necessary
and a certified estimate of a licensed architect or engineer
stating the estimated amount has been secured by the community
college district and the project and the estimated amount have
been approved by the State Board, and as evidence of such
indebtedness may issue bonds without referendum. Such bonds
shall bear interest at a rate or rates authorized by "An Act to
authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May 26,
1970, as now or hereafter amended, shall mature within 20 years
from date, and shall be signed by the chairperson chairman,

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secretary and treasurer of the local community college board.
In order to authorize and issue such bonds the local
community college board shall adopt a resolution fixing the
amount of bonds, the date thereof, the maturities thereof and
rates of interest thereof, and the board by such resolution, or
in a district to which Article VII applies the city council
upon demand and under the direction of the board by ordinance,
shall provide for the levy and collection of a direct annual
tax upon all the taxable property in the local community
college district sufficient to pay the principal and interest
on such bonds to maturity. Upon the filing in the office of the
county clerk of each of the counties in which the community
college district is located of a certified copy of such
resolution or ordinance it is the duty of the county clerk or
clerks to extend the tax therefor without limit as to rate or
amount and in addition to and in excess of all other taxes
heretofore or hereafter authorized to be levied by such
community college district.
The State Board shall prepare and enforce regulations and
specifications for minimum requirements for the construction,
remodeling or rehabilitation of heating, ventilating, air
conditioning, lighting, seating, water supply, toilet,
handicapped accessibility, fire safety and any other matter
that will conserve, preserve or provide for the protection and
the health or safety of individuals in or on community college
property and will conserve the integrity of the physical

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facilities of the district.
This Section is cumulative and constitutes complete
authority for the issuance of bonds as provided in this Section
notwithstanding any other statute or law to the contrary.
(Source: P.A. 96-561, eff. 1-1-10.)
(110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
Sec. 3-20.5. (a) The board of each community college
district shall ascertain, as near as practicable, annually, how
much money must be raised by special tax for educational
purposes and for operations and maintenance of facilities
purposes for the next ensuing year. Such amounts shall be
certified and returned to the county clerk on or before the
last Tuesday in December, annually. The certificate shall be
signed by the chairperson chairman and secretary, and may be in
the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of .... dollars
to be levied as a special tax for educational purposes, and the
sum of .... dollars to be levied as a special tax for
operations and maintenance of facilities purposes, on the
equalized assessed value of the taxable property of our
district, for the year (insert year).
Signed on (insert date).
A .... B ...., Chairperson Chairman
C .... D ...., Secretary

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Community College Dist. No. ...., .... County (or Counties)
An amended certificate may be filed by the community
college board within 10 days of receipt of official
notification from the county clerk of the multiplier that will
be applied to assessed value of the taxable property of the
district, provided such multiplier will alter the amount of
revenue received by the district from either local or State
sources.
A failure by the board to file the certificate with the
county clerk in the time required shall not vitiate the
assessment.
(Source: P.A. 91-357, eff. 7-29-99.)
(110 ILCS 805/3-27) (from Ch. 122, par. 103-27)
Sec. 3-27. To pay no orders except for teachers' wages
unless at the time there are sufficient funds in the hands of
the treasurer to pay such order, except as herein provided.
(a) It shall be lawful for the board to submit to the
treasurer a certified copy of the board minutes properly signed
by the secretary and chairperson chairman or by a majority of
the Board, showing all bills approved for payment by the Board
and clearly showing to whom and for what purpose each payment
is to be made by the treasurer and to what budgetary item each
payment shall be debited and such certified copy shall serve as
full authority to the treasurer to make the payments as thus

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approved; this shall not preclude the use of a voucher system,
or any other system of sound accounting and business procedure,
provided that such system reflects the facts and that the same
is in accordance with the regulations prescribed by or approved
by the State Board.
(b) It shall be lawful for the Board by resolution to
establish revolving funds provided such funds are in the
custody of an employee who shall be bonded as provided in
Section 3-19 for bonding treasurers and who shall be
responsible to the Board and the treasurer, subject to regular
annual audit by licensed public accountants and other such
examinations as the Board shall deem advisable and kept in
accordance with regulations prescribed by the State Board. A
monthly report and annual summary of all receipts and
expenditures of the fund shall be submitted to the Board and
the treasurer. All funds advanced by the treasurer to operate
the revolving funds shall be carried on the treasurer's books
as cash obligations due the district and all receipts of such
revolving funds shall be deposited daily in a bank or savings
and loan association to be approved by the treasurer, unless
there is no bank or savings and loan association in the
community, in which event receipts shall be deposited intact
not less than once a week in a bank or savings and loan
association approved by the treasurer. All reimbursements to
any such revolving funds from the district funds shall be
completely itemized as to whom paid, for what purpose, and

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against what budgetary item the expenditure is chargeable.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to Section
6 of "An Act relating to certain investments of public funds by
public agencies", approved July 23, 1943, as now or hereafter
amended.
(c) The Board shall establish rules and regulations
governing conditions under which classes, clubs, and
associations may acquire or collect funds in the name of any
college and under such regulations as the State Board may
prescribe.
(Source: P.A. 83-541.)
(110 ILCS 805/3-33.3) (from Ch. 122, par. 103-33.3)
Sec. 3-33.3.
Before issuing any bonds under Section 3-33.2, the board
shall adopt a resolution designating the purpose and fixing the
amount of the bonds proposed to be issued, the maturity
thereof, the rate of interest thereon and the amount of taxes
to be levied annually for the purpose of paying the principal
and interest.
The bonds shall be issued in the corporate name of the
community college district. They shall be signed by the
chairperson chairman and secretary of the board. The bonds
shall be sold by the board at not less than par upon such terms

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as may be approved by the board after advertisement for bids
and the proceeds thereof shall be received by the treasurer for
the uses herein provided.
(Source: P.A. 78-669.)
(110 ILCS 805/3-51) (from Ch. 122, par. 103-51)
Sec. 3-51. The Employment Advisory Board shall meet at
least once within each calendar quarter. It shall issue an
advisory report, at least once within each calendar year, to
its Community College District Board of Trustees concerning:
(a) the medium and long-term employment prospects of the
communities comprising their Community College District;
(b) the course and instruction mix most likely to produce
community college graduates, associates and alumni with the job
skills necessary for local employment; and
(c) the practicality of using existing community college
employees, contractors, instructors, professors, classrooms,
and facilities to train and retrain employees of existing
public and private enterprises within the boundaries of their
Community College District to enhance their continued
employment skills.
The Employment Advisory Board shall also produce special
advisory reports, upon the request of the chairperson chairman
or acting chairperson chairman of the Board of Trustees of
their Community College District.
(Source: P.A. 85-458.)

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(110 ILCS 805/3A-1) (from Ch. 122, par. 103A-1)
Sec. 3A-1. Any community college district may borrow money
for the purpose of building, equipping, altering or repairing
community college buildings or purchasing or improving
community college sites, or acquiring and equipping recreation
grounds, athletic fields, and other buildings or land used or
useful for community college purposes or for the purpose of
purchasing a site, with or without a building or buildings
thereon, or for the building of a house or houses on such site,
or for the building of a house or houses on the site of the
community college district, for residential purposes of the
administrators or faculty of the community college district,
and issue its negotiable coupon bonds therefor signed by the
chairperson chairman and secretary of the board, in
denominations of not less than $100 nor more than $5,000,
payable at such place and at such time or times, not exceeding
20 years from date of issuance, as the board may prescribe, and
bearing interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable annually,
semiannually or quarterly, but no such bonds shall be issued
unless the proposition to issue them is submitted to the voters
of the community college district at a regular scheduled
election in such district and the board shall certify the
proposition to the proper election authorities for submission

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in accordance with the general election law and a majority of
all the votes cast on the proposition is in favor of the
proposition, nor shall any residential site be acquired unless
such proposition to acquire a site is submitted to the voters
of the district at a regular scheduled election and the board
shall certify the proposition to the proper election
authorities for submission to the electors in accordance with
the general election law and a majority of all the votes cast
on the proposition is in favor of the proposition. Nothing in
this Act shall be construed as to require the listing of
maturity dates of any bonds either in the notice of bond
election or ballot used in the bond election.
Bonds issued in accordance with this Section for Elgin
Community College District No. 509 may be payable at such time
or times, not exceeding 25 years from date of issuance, as the
board may prescribe, if the following conditions are met:
(i) The voters of the district approve a proposition
for the bond issuance at an election held in 2009.
(ii) Prior to the issuance of the bonds, the board
determines, by resolution, that the projects built,
acquired, altered, renovated, repaired, purchased,
improved, installed, or equipped with the proceeds of the
bonds are required as a result of a projected increase in
the enrollment of students in the district, to meet demand
in the fields of health care or public safety, to meet
accreditation standards, or to maintain campus safety and

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security.
(iii) The bonds are issued, in one more more bond
issuances, on or before April 7, 2014.
(iv) The proceeds of the bonds are used to accomplish
only those purposes approved by the voters at an election
held in 2009.
Bonds issued in accordance with this Section for Kishwaukee
Community College District No. 523 may be payable at such time
or times, not exceeding 25 years from date of issuance, as the
board may prescribe, if the following conditions are met:
(i) The voters of the district approve a
proposition for the bond issuance at an election held
in 2010 or 2011.
(ii) Prior to the issuance of the bonds, the board
determines, by resolution, that the projects built,
acquired, altered, renovated, repaired, purchased,
improved, installed, or equipped with the proceeds of
the bonds are required as a result of a projected
increase in the enrollment of students in the district,
to meet demand in the fields of health care or public
safety, to meet accreditation standards, or to
maintain campus safety and security.
(iii) The bonds are issued, in one or more bond
issuances, on or before November 2, 2015.
(iv) The proceeds of the bonds are used to
accomplish only those purposes approved by the voters

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at an election held in 2010 or 2011.
With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 96-787, eff. 8-28-09; 96-1077, eff. 7-16-10.)
(110 ILCS 805/3A-20) (from Ch. 122, par. 103A-20)
Sec. 3A-20. Whenever refunding bonds are issued, proper
reduction of taxes theretofore levied for the payment of the
bonds refunded and next to be extended for collection shall be
made by the county clerk upon receipt of a certificate signed
by the treasurer of the community college district, or by the
chairperson chairman and secretary of the district, showing the
bonds refunded and the tax to be abated.
Money which becomes available from taxes that were levied

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for prior years for payment of bonds or interest coupons that
were paid or refunded before those taxes were collected, after
payment of all warrants that may have been issued in
anticipation of these taxes, shall be placed in the sinking
fund account provided in Section 3A-21. It shall be used to
purchase, call for payment, or to pay at maturity refunding
bonds and interest thereon as herein provided.
(Source: P.A. 78-669.)
(110 ILCS 805/7-22) (from Ch. 122, par. 107-22)
Sec. 7-22. Warrants drawn and issued under Section 7-21
shall be numbered consecutively in the order of their issuance
and shall show upon their face that they are payable solely
from the taxes when collected, and not otherwise, and that
payment thereof will be made in the order of their issuance,
beginning with the warrant having the lowest number, and shall
be received by any collector of taxes in payment of taxes
against which they are issued. The warrants shall be signed by
the chairperson chairman and secretary of the board. The taxes
against which the warrants are drawn shall be set apart and
held for their payment, as herein provided. The warrants shall
bear interest, payable out of the taxes against which they are
drawn, at the rate of not to exceed 6% per annum, from the date
of their issuance until paid, or until notice is given by
publication in a newspaper or otherwise that the money for
their payment is available and that they will be paid on

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presentation.
(Source: P.A. 76-1505.)
(110 ILCS 805/7-23) (from Ch. 122, par. 107-23)
Sec. 7-23. The chairperson chairman of the board, with the
approval of the board, may designate one or more persons to
have authority, when so directed by the chairperson chairman to
affix the signature of the chairperson chairman to any warrant,
certificate, contract or any other written instrument, which by
law is required to be signed by the chairperson chairman of the
board. When the signature of the chairperson chairman of the
board is so affixed to a written instrument, it is as binding
upon the board as if signed personally by its chairperson
chairman. Whenever the chairperson chairman of the board
desires to designate a person to affix the signature of the
chairperson chairman to any warrant, certificate, contract or
any other written instrument, he or she shall send a written
notice to the board containing the name of the person he or she
has selected and a designation of the instruments that person
shall have authority to sign. Attached to the notice shall be
the written signature of the chairperson chairman of the board,
executed by the person so designated, with the signature of the
person so designated underneath. The notice shall be filed with
the secretary, presented at the next meeting of the board for
its approval and entered in the proceedings of that meeting.
(Source: P.A. 76-1505.)

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(110 ILCS 805/7-25) (from Ch. 122, par. 107-25)
Sec. 7-25. Issuance of bonds; terms and sale. The board may
incur an indebtedness and issue bonds for the purpose of
erecting, purchasing or otherwise acquiring buildings suitable
for community college use, transferring funds to the Illinois
Building Authority for community college building purposes,
erecting temporary community college structures, erecting
additions to, repairing, rehabilitating and replacing existing
community college buildings and temporary community college
structures, furnishing and equipping community college
buildings and temporary community college structures, and
purchasing or otherwise acquiring and improving sites for such
purposes.
The bonds may not be issued until the proposition of
authorizing such bonds has been certified to the proper
election officials, who shall have submitted it to the electors
of the city at a regular scheduled election in accordance with
the general election law, and approved by a majority of the
electors voting upon that question.
The board shall adopt a resolution providing for certifying
that proposition for such an election. In addition to the
requirements of the general election law the notice of the
referendum must contain the amount of the bond issue, maximum
rate of interest and purpose for which issued. This notice
shall be published in accordance with the general election law.

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The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall bonds in the amount of
$............ be issued by the
Board of community College District YES
No....., County of.... and State of
Illinois for the purpose of (Here
print the purpose of the public -----------------------
measure) bearing interest at the
rate of not to exceed the maximum
rate authorized by the Bond NO
Authorization Act, as amended at the
time of the making of the contract?
-------------------------------------------------------------
Whenever the board desires to issue bonds as herein
authorized, it shall adopt a resolution designating the purpose
for which the proceeds of the bonds are to be expended and
fixing the amount of the bonds proposed to be issued, the
maturity thereof, and optional provisions, if any, the rate of
interest thereon, and the amount of taxes to be levied annually
for the purpose of paying the interest upon and the principal
of such bonds.
The bonds shall bear interest at the rate of not more than
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, and shall

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mature within not to exceed 20 years from their date, and may
be made callable on any interest payment date at par and
accrued interest, after notice has been given, at the time and
in the manner provided in the bond resolution.
The bonds shall be issued in the corporate name of the
community college district, and they shall be signed by the
chairperson chairman and secretary of the community college
board. The bonds shall also be registered, numbered and
countersigned by the treasurer who receives the taxes of the
district. The registration shall be in a book in which shall be
entered the record of the election authorizing the board to
borrow money and a description of the bonds issued, including
the number, date, to whom issued, amount, rate of interest and
when due.
The bonds shall be sold by the board upon such terms as are
approved by the board after advertisement for bids, and the
proceeds thereof shall be received by the community college
treasurer, and expended by the board for the purposes provided
in the bond resolution.
The community college treasurer shall, before receiving
any of such money, execute a surety bond conditioned upon the
faithful discharge of his duties with a surety company
authorized to do business in this State, which surety bond
shall be approved by the community college board and filed as
otherwise required under this Act for the treasurer's bond. The
penalty of the surety bond shall be in the amount of such bond

HB1493 - 25 - LRB097 09229 NHT 49364 b
issue. The surety bond shall be in substantially the same form
as the bond otherwise required under this Act for the treasurer
and when so given shall fully describe the bond issue which it
specifically covers and shall remain in force until the funds
of the bond issue are fully disbursed in accordance with the
law.
Before or at the time of issuing any bonds herein
authorized, the board shall by resolution provide for the levy
and collection of a direct annual tax upon all the taxable
property of such community college district sufficient to pay
and discharge the principal thereof at maturity and to pay the
interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of the community
college district and shall be in addition to and exclusive of
the maximum of all other taxes which the board is authorized by
law to levy for community college purposes. Upon the filing in
the office of the county clerk of the county wherein such
community college district is located of a certified copy of
any such ordinance, the county clerk shall extend the tax
therein provided for, including an amount to cover loss and
cost of collecting such taxes and also deferred collections
thereof and abatements in the amounts of such taxes as extended
upon the collector's books. The ordinance shall be in force
upon its passage.
With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective

HB1493 - 26 - LRB097 09229 NHT 49364 b
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 89-281, eff. 8-10-95.)
(110 ILCS 805/7-26) (from Ch. 122, par. 107-26)
Sec. 7-26. Issuance of bonds not exceeding $15,000,000
aggregate. The board may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$15,000,000 for the purpose of erecting, purchasing, or
otherwise acquiring buildings suitable for community college
use, transferring funds to the Illinois Building Authority for
community college building purposes, erecting temporary
community college structures, erecting additions to,
repairing, rehabilitating, and replacing existing community
college buildings and temporary community college structures,
furnishing and equipping community college buildings and

HB1493 - 27 - LRB097 09229 NHT 49364 b
temporary community college structures, and purchasing or
otherwise acquiring and improving sites for such purposes. The
bonds may be issued without submitting the question of issuance
thereof to the voters of the community college district for
approval.
Whenever the board desires to issue bonds as herein
authorized, it shall adopt a resolution designating the purpose
for which the proceeds of the bonds are to be expended and
fixing the amount of the bonds proposed to be issued, the
schedule of the maturities thereof; and optional provisions, if
any, and the maximum rate of interest thereon and directing the
sale upon such terms as are determined by the board.
The secretary of the board shall cause such sale to be
advertised by publication of a notice of sale once, as a legal
notice in a newspaper having general circulation in the
district, and once in a financial journal published in the City
of New York, New York, or Chicago, Illinois. Such notice of
sale shall be published not less than 7 nor more than 21 days
prior to the date set for the sale of the bonds being
advertised. The notice of sale shall state that sealed bids
will be received by the board for its bonds and shall include:
the amount, date, maturity or maturities of such bonds; the
date, time and place of receipt of bids; the maximum
permissible interest rate; the basis upon which the bonds will
be awarded; call provisions, if any; and such other information
as the board may deem pertinent.

HB1493 - 28 - LRB097 09229 NHT 49364 b
After the bonds have been awarded to the successful bidder,
the board shall adopt a resolution confirming the sale of said
bonds to the successful bidder, setting forth the terms of
sale, designating the place of payment for the principal and
interest, prescribing the form of bond and determining the
amount of taxes to be levied annually for each of the years in
which said bonds are outstanding for the purpose of paying the
interest on and the principal of such bonds.
The bonds shall be issued in the corporate name of the
community college district, and they shall be signed by the
chairperson chairman and secretary of the community college
board. The bonds shall bear interest at a rate of not more than
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, and shall
mature within 20 years from the date of issuance, and may be
made callable on any interest payment date at par and accrued
interest, after notice has been given, at the time and in the
manner provided in the bond resolution. The proceeds of sale of
said bonds shall be received by the community college
treasurer, and expended by the board for the purpose provided
in the bond resolution.
The community college treasurer shall, before receiving
any of such money, execute a surety bond with a surety company
authorized to do business in this State conditioned upon the
faithful discharge of his duties. That surety bond must pass
approval by the community college board and, upon such

HB1493 - 29 - LRB097 09229 NHT 49364 b
approval, shall be filed as otherwise required under this Act
for the treasurer's bond. The penalty of the surety bond shall
be in the amount of such bond issue. The surety bond shall be
in substantially the same form as the bond otherwise required
under this Act for the treasurer and when so given shall fully
describe the bond issue which it specifically covers and shall
remain in force until the funds of the bond issue are fully
disbursed in accordance with the law.
Before or at the time of issuing any bonds herein
authorized, the city council, upon the demand and under the
direction of the board shall, by ordinance, provide for the
levy and collection of a direct annual tax upon all the taxable
property within the community college district sufficient to
pay and discharge the principal thereof at maturity and to pay
the interest thereon as it falls due. Such tax shall be levied
and collected in like manner with the other taxes of the
community college district and shall be in addition to and
exclusive of the maximum of all other taxes which the board is
authorized by law to levy for community college purposes. Upon
the filing in the office of the county clerk of each county
wherein such community college district is located of a
certified copy of any such ordinance, the county clerk shall
extend the tax therein provided for, including an amount to
cover loss and cost of collecting such taxes and also deferred
collections thereof and abatements in the amounts of such taxes
as extended upon the collector's books.

HB1493 - 30 - LRB097 09229 NHT 49364 b
With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 89-281, eff. 8-10-95.)