Full Text of HB0437 96th General Assembly
HB0437ham001 96TH GENERAL ASSEMBLY
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Higher Education Committee
Filed: 3/4/2009
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| AMENDMENT TO HOUSE BILL 437
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| AMENDMENT NO. ______. Amend House Bill 437 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Community College Act is amended by | 5 |
| changing Section 3-20.3.01 as follows:
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| (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
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| Sec. 3-20.3.01. Whenever, as a result of any lawful order | 8 |
| of any agency,
other than a local community college board, | 9 |
| having authority to enforce any
law or regulation designed for | 10 |
| the protection, health or safety of community
college students, | 11 |
| employees or visitors, or any law or regulation for the
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| protection and safety of the environment, pursuant to the | 13 |
| "Environmental
Protection Act", any local community college | 14 |
| district, including any district
to which Article VII of this | 15 |
| Act applies, is required to alter or repair
any physical | 16 |
| facilities, or whenever any district determines that it is
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| necessary for energy conservation, health or safety, | 2 |
| environmental
protection or handicapped accessibility purposes | 3 |
| that any physical
facilities should be altered or repaired and | 4 |
| that such alterations or
repairs will be made with funds not | 5 |
| necessary for the completion of
approved and recommended | 6 |
| projects for fire prevention and safety, or
whenever after the | 7 |
| effective date of this amendatory Act of
1984 any district, | 8 |
| including any district to which Article VII applies,
provides | 9 |
| for alterations or repairs determined by the local community
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| college board to be necessary for health and safety, | 11 |
| environmental
protection, resource efficiency or | 12 |
| sustainability, handicapped accessibility or energy | 13 |
| conservation purposes, such
district may, by proper resolution | 14 |
| which specifically identifies the
project and which is adopted | 15 |
| pursuant to the provisions of the Open
Meetings Act, levy a tax | 16 |
| for the purpose of paying for such alterations or
repairs, or | 17 |
| survey by a licensed architect or engineer, upon the equalized
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| assessed value of all the taxable property of the district at a | 19 |
| rate not to
exceed .05% per year for a period sufficient to | 20 |
| finance such alterations or
repairs, upon the following | 21 |
| conditions:
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| (a) When in the judgment of the local community college | 23 |
| board of trustees
there are not sufficient funds available in | 24 |
| the operations and
maintenance fund of the district to | 25 |
| permanently pay for such alterations
or repairs so ordered, | 26 |
| determined as necessary.
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| (b) When a certified estimate of a licensed architect or | 2 |
| engineer stating
the estimated amount of not less than $25,000 | 3 |
| that is necessary to make
the alterations or repairs so ordered | 4 |
| or determined as necessary has been
secured by the local | 5 |
| community college district and the project and estimated
amount | 6 |
| have been approved by the Executive Director of the State | 7 |
| Board.
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| The filing of a certified copy of the resolution or | 9 |
| ordinance levying the
tax when accompanied by the certificate | 10 |
| of approval of the Executive Director
of the State Board shall | 11 |
| be the authority of the county clerk or clerks
to extend such | 12 |
| tax; provided, however, that in no event shall the extension
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| for the current and preceding years, if any, under this Section | 14 |
| be greater
than the amount so approved, and interest on bonds | 15 |
| issued pursuant to this
Section and in the event such current | 16 |
| extension and preceding extensions
exceed such approval and | 17 |
| interest, it shall be reduced proportionately.
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| The county clerk of each of the counties in which any | 19 |
| community college
district levying a tax under the authority of | 20 |
| this Section is located, in
reducing raised levies, shall not | 21 |
| consider any such tax as a part of the
general levy for | 22 |
| community college purposes and shall not include the same
in | 23 |
| the limitation of any other tax rate which may be extended. | 24 |
| Such tax
shall be levied and collected in like manner as all | 25 |
| other taxes of
community college districts.
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| The tax rate limit hereinabove specified in this Section |
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| may be increased
to .10% upon the approval of a proposition to | 2 |
| effect such increase by a
majority of the electors voting on | 3 |
| that proposition at a regular scheduled
election. Such | 4 |
| proposition may be initiated by resolution of the local
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| community college board and shall be certified by the secretary | 6 |
| of the
local community college board to the proper election | 7 |
| authorities for
submission in accordance with the general | 8 |
| election law.
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| Each local community college district authorized to levy | 10 |
| any tax pursuant
to this Section may also or in the alternative | 11 |
| by proper resolution or
ordinance borrow money for such | 12 |
| specifically identified purposes not in
excess of $4,500,000 in | 13 |
| the aggregate at any one time when
in the judgment
of the local | 14 |
| community college board of trustees there are not sufficient
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| funds available in the operations and maintenance fund of the | 16 |
| district to
permanently pay for such alterations or repairs so | 17 |
| ordered or determined as
necessary and a certified estimate of | 18 |
| a licensed architect or engineer
stating the estimated amount | 19 |
| of not less than $25,000 has been secured by
the local | 20 |
| community college district and the project and the estimated
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| amount have been approved by the State Board, and as evidence | 22 |
| of such
indebtedness may issue bonds without referendum. | 23 |
| However, Community College District No. 522 and Community | 24 |
| College District No. 536 may or in the alternative by proper | 25 |
| resolution or
ordinance borrow money for such specifically | 26 |
| identified purposes not in
excess of $20,000,000 in the |
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| aggregate at any one time when
in the judgment
of the community | 2 |
| college board of trustees there are not sufficient
funds | 3 |
| available in the operations and maintenance fund of the | 4 |
| district to
permanently pay for such alterations or repairs so | 5 |
| ordered or determined as
necessary and a certified estimate of | 6 |
| a licensed architect or engineer
stating the estimated amount | 7 |
| has been secured by
the community college district and the | 8 |
| project and the estimated
amount have been approved by the | 9 |
| State Board, and as evidence of such
indebtedness may issue | 10 |
| bonds without referendum. Such bonds shall bear
interest at a | 11 |
| rate or rates authorized by "An Act to authorize public
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| corporations to issue bonds, other evidences of indebtedness | 13 |
| and tax
anticipation warrants subject to interest rate | 14 |
| limitations set forth
therein", approved May 26, 1970, as now | 15 |
| or hereafter amended, shall mature
within 20 years from date, | 16 |
| and shall be signed by the chairman, secretary
and treasurer of | 17 |
| the local community college board.
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| In order to authorize and issue such bonds the local | 19 |
| community college
board shall adopt a resolution fixing the | 20 |
| amount of bonds, the date thereof,
the maturities thereof and | 21 |
| rates of interest thereof, and the board by such
resolution, or | 22 |
| in a district to which Article VII applies the city council
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| upon demand and under the direction of the board by ordinance, | 24 |
| shall provide
for the levy and collection of a direct annual | 25 |
| tax upon all the taxable
property in the local community | 26 |
| college district sufficient to pay the
principal and interest |
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| on such bonds to maturity. Upon the filing in the
office of the | 2 |
| county clerk of each of the counties in which the community
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| college district is located of a certified copy of such | 4 |
| resolution or
ordinance it is the duty of the county clerk or | 5 |
| clerks to extend the tax
therefor without limit as to rate or | 6 |
| amount and in addition to and in
excess of all other taxes | 7 |
| heretofore or hereafter authorized to be levied
by such | 8 |
| community college district.
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| The State Board shall prepare and enforce regulations and | 10 |
| specifications
for minimum requirements for the construction, | 11 |
| remodeling or rehabilitation
of heating, ventilating, air | 12 |
| conditioning, lighting, seating, water supply,
toilet, | 13 |
| handicapped accessibility, fire safety and any other matter | 14 |
| that
will conserve, preserve or provide for the protection and | 15 |
| the health or
safety of individuals in or on community college | 16 |
| property and will conserve
the integrity of the physical | 17 |
| facilities of the district.
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| This Section is cumulative and constitutes complete | 19 |
| authority for the
issuance of bonds as provided in this Section | 20 |
| notwithstanding any other
statute or law to the contrary.
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| (Source: P.A. 90-468, eff. 8-17-97.)".
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