Full Text of HB1493 97th General Assembly
HB1493 97TH GENERAL ASSEMBLY |
| | 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 |
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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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| 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, 3-19, 3-19.1, 3-20.3.01, 3-20.5, | 6 | | 3-27, 3-33.3, 3-51, 3A-1, 3A-20, 7-22, 7-23, 7-25, and 7-26 as | 7 | | follows:
| 8 | | (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
| 9 | | Sec. 3-8. Following each election and canvass, the new | 10 | | board shall
hold its organizational meeting on or before the | 11 | | 28th day after the election.
If the election is the initial | 12 | | election ordered by the regional superintendent,
the | 13 | | organizational meeting shall be convened by the regional | 14 | | superintendent,
who shall preside over the meeting until the | 15 | | election for chairperson chairman , vice
chairperson chairman | 16 | | and secretary of board is completed. At all other | 17 | | organizational
meetings, the chairperson chairman of the | 18 | | board, or, in his or her absence, the president
of the | 19 | | community college or acting chief executive officer of the | 20 | | college shall
convene the new board, and conduct the election | 21 | | for chairperson chairman , vice chairperson chairman and
| 22 | | secretary. The board shall then proceed with its organization | 23 | | under the newly
elected board officers, and shall fix a time |
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| 1 | | and place for its regular
meetings. It shall then enter upon | 2 | | the discharge of its duties. Public notice of the schedule of | 3 | | regular meetings for the next calendar year, as set at the | 4 | | organizational meeting, must be given at the beginning of that | 5 | | calendar year. The terms of
board office shall be 2 years, | 6 | | except that the board by resolution may
establish a policy for | 7 | | the terms of office to be one year, and provide for the
| 8 | | election of officers for the remaining one year period.
Terms | 9 | | of members are subject to Section 2A-54 of the Election Code.
| 10 | | Special meetings of the board may be called by the | 11 | | chairperson chairman or by any
3 members of the board by giving | 12 | | notice thereof in writing stating the
time, place and purpose | 13 | | of the meeting. Such notice may be served by
mail 48 hours | 14 | | before the meeting or by personal service 24 hours before
the | 15 | | meeting.
| 16 | | At each regular and special meeting which is open to the | 17 | | public,
members of the public and employees of the community | 18 | | college district shall
be afforded time, subject to reasonable | 19 | | constraints, to comment to or ask
questions of the board.
| 20 | | (Source: P.A. 95-116, eff. 8-13-07; 95-791, eff. 8-8-08.)
| 21 | | (110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
| 22 | | Sec. 3-10.
The chairperson chairman shall preside at all | 23 | | meetings and shall perform
such duties as are imposed upon him | 24 | | or her by law or by action of the board. The
vice-chairperson | 25 | | vice-chairman shall serve in the chairperson's chairman's |
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| 1 | | absence. If the chairperson chairman and
vice-chairperson | 2 | | vice-chairman are absent from any meeting or refuse to perform | 3 | | their
duties, a chairperson chairman pro tempore shall be | 4 | | appointed by the board from among
their number.
| 5 | | The secretary shall perform the duties usually pertaining | 6 | | to his office.
If he is absent from any meeting or refuses to | 7 | | perform his duties, a member
of the board shall be appointed | 8 | | secretary pro tempore.
| 9 | | (Source: Laws 1967, p. 1229.)
| 10 | | (110 ILCS 805/3-19) (from Ch. 122, par. 103-19)
| 11 | | Sec. 3-19.
Before entering upon his duties, each treasurer
| 12 | | shall execute a bond with 2 or more persons having an interest
| 13 | | in real estate who are not members of the board of the
| 14 | | district, or with a surety company authorized to do business in | 15 | | this State,
as sureties, payable to the board of the community | 16 | | college district for
which he is treasurer and conditioned upon | 17 | | the faithful discharge of his
duties. The penalty of
the bond | 18 | | shall be 25% of the amount of all bonds, notes, mortgages, | 19 | | moneys, and
effects of which the treasurer is to have custody, | 20 | | whether individuals act as
surety or whether the surety is | 21 | | given by a surety authorized to do business in
this State. The | 22 | | penalty of the bond of the treasurer shall
be
increased or | 23 | | decreased from time to time, as the increase or decrease of
the | 24 | | amount of notes, bonds, mortgages, moneys and effects may | 25 | | require, and
whenever in the judgment of the State board the |
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| 1 | | penalty of the bond should
be increased or decreased. The bond | 2 | | must be approved by at least a majority
of the board of the | 3 | | community college district and filed with the State
Board. A | 4 | | copy of the bond must also be filed with the county clerk of | 5 | | each
county in which any part of the community college district | 6 | | is situated. The
bond shall be in substantially the following | 7 | | form:
| 8 | | STATE OF ILLINOIS)
| 9 | | ) SS.
| 10 | | .......... COUNTY)
| 11 | | We, .... and .... are obligated, jointly and severally, to | 12 | | the Board of
Community College District No. ...., County (or | 13 | | Counties) of .... and State
of Illinois in the penal sum of | 14 | | $...., for the payment of which we obligate
ourselves, our | 15 | | heirs, executors and administrators.
| 16 | | Dated (insert date).
| 17 | | The condition of this obligation is such that if ....,
| 18 | | treasurer in the district above stated, faithfully discharges | 19 | | the duties of
his or her office, according to law, and delivers | 20 | | to his or her successor in
office, after that successor has | 21 | | qualified by giving bond as provided by law,
all moneys, books, | 22 | | papers, securities and property, which shall come into his
or | 23 | | her possession or control, as such treasurer, from the date of | 24 | | his
or her bond to the time that his or her successor has | 25 | | qualified as
treasurer, by giving such bond as is required by | 26 | | law, then this obligation
to be void; otherwise to remain in |
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| 1 | | full force and effect.
| 2 | | Signed:.....................
| 3 | | ............................
| 4 | | ............................
| 5 | | ............................
| 6 | | Approved and accepted by Board of Community College | 7 | | District No. ....
County (or Counties) of .... and State of | 8 | | Illinois.
By .... Chairperson Chairman .... Secretary
| 9 | | No part of any State or other district funds may be paid to | 10 | | any
treasurer or other persons authorized to receive it unless | 11 | | the treasurer
has filed his or her bond as required herein.
| 12 | | (Source: P.A. 92-167, eff. 7-26-01; 93-163, eff. 7-10-03.)
| 13 | | (110 ILCS 805/3-19.1) (from Ch. 122, par. 103-19.1)
| 14 | | Sec. 3-19.1.
When any warrant issued for the wages of an | 15 | | educational
employee is presented to the treasurer and is not | 16 | | paid for want of funds,
the treasurer shall endorse it over his | 17 | | signature, "not paid for want of
funds", with the date of | 18 | | presentation, and shall make and keep a record of
that | 19 | | endorsement. The warrant shall thereafter bear interest at the | 20 | | rate of
6% per annum, until the treasurer notifies the | 21 | | chairperson chairman
of the board in
writing that he has funds | 22 | | to pay it. The treasurer shall make and keep a
record of that | 23 | | notice and hold the funds necessary to pay the warrant until
it | 24 | | is presented. The warrant shall draw no interest after notice | 25 | | is given
to the chairperson chairman of the board.
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| 1 | | (Source: P.A. 82-622.)
| 2 | | (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
| 3 | | Sec. 3-20.3.01. Whenever, as a result of any lawful order | 4 | | of any agency,
other than a local community college board, | 5 | | having authority to enforce any
law or regulation designed for | 6 | | the protection, health or safety of community
college students, | 7 | | employees or visitors, or any law or regulation for the
| 8 | | protection and safety of the environment, pursuant to the | 9 | | "Environmental
Protection Act", any local community college | 10 | | district, including any district
to which Article VII of this | 11 | | Act applies, is required to alter or repair
any physical | 12 | | facilities, or whenever any district determines that it is
| 13 | | necessary for energy conservation, health or safety, | 14 | | environmental
protection or handicapped accessibility purposes | 15 | | that any physical
facilities should be altered or repaired and | 16 | | that such alterations or
repairs will be made with funds not | 17 | | necessary for the completion of
approved and recommended | 18 | | projects for fire prevention and safety, or
whenever after the | 19 | | effective date of this amendatory Act of
1984 any district, | 20 | | including any district to which Article VII applies,
provides | 21 | | for alterations or repairs determined by the local community
| 22 | | college board to be necessary for health and safety, | 23 | | environmental
protection, handicapped accessibility or energy | 24 | | conservation purposes, such
district may, by proper resolution | 25 | | which specifically identifies the
project and which is adopted |
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| 1 | | pursuant to the provisions of the Open
Meetings Act, levy a tax | 2 | | for the purpose of paying for such alterations or
repairs, or | 3 | | survey by a licensed architect or engineer, upon the equalized
| 4 | | assessed value of all the taxable property of the district at a | 5 | | rate not to
exceed .05% per year for a period sufficient to | 6 | | finance such alterations or
repairs, upon the following | 7 | | conditions:
| 8 | | (a) When in the judgment of the local community college | 9 | | board of trustees
there are not sufficient funds available in | 10 | | the operations and
maintenance fund of the district to | 11 | | permanently pay for such alterations
or repairs so ordered, | 12 | | determined as necessary.
| 13 | | (b) When a certified estimate of a licensed architect or | 14 | | engineer stating
the estimated amount that is necessary to make
| 15 | | the alterations or repairs so ordered or determined as | 16 | | necessary has been
secured by the local community college | 17 | | district and the project and estimated
amount have been | 18 | | approved by the Executive Director of the State Board.
| 19 | | The filing of a certified copy of the resolution or | 20 | | ordinance levying the
tax when accompanied by the certificate | 21 | | of approval of the Executive Director
of the State Board shall | 22 | | be the authority of the county clerk or clerks
to extend such | 23 | | tax; provided, however, that in no event shall the extension
| 24 | | for the current and preceding years, if any, under this Section | 25 | | be greater
than the amount so approved, and interest on bonds | 26 | | issued pursuant to this
Section and in the event such current |
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| 1 | | extension and preceding extensions
exceed such approval and | 2 | | interest, it shall be reduced proportionately.
| 3 | | The county clerk of each of the counties in which any | 4 | | community college
district levying a tax under the authority of | 5 | | this Section is located, in
reducing raised levies, shall not | 6 | | consider any such tax as a part of the
general levy for | 7 | | community college purposes and shall not include the same
in | 8 | | the limitation of any other tax rate which may be extended. | 9 | | Such tax
shall be levied and collected in like manner as all | 10 | | other taxes of
community college districts.
| 11 | | The tax rate limit hereinabove specified in this Section | 12 | | may be increased
to .10% upon the approval of a proposition to | 13 | | effect such increase by a
majority of the electors voting on | 14 | | that proposition at a regular scheduled
election. Such | 15 | | proposition may be initiated by resolution of the local
| 16 | | community college board and shall be certified by the secretary | 17 | | of the
local community college board to the proper election | 18 | | authorities for
submission in accordance with the general | 19 | | election law.
| 20 | | Each local community college district authorized to levy | 21 | | any tax pursuant
to this Section may also or in the alternative | 22 | | by proper resolution or
ordinance borrow money for such | 23 | | specifically identified purposes not in
excess of $4,500,000 in | 24 | | the aggregate at any one time when
in the judgment
of the local | 25 | | community college board of trustees there are not sufficient
| 26 | | funds available in the operations and maintenance fund of the |
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| 1 | | district to
permanently pay for such alterations or repairs so | 2 | | ordered or determined as
necessary and a certified estimate of | 3 | | a licensed architect or engineer
stating the estimated amount | 4 | | has been secured by
the local community college district and | 5 | | the project and the estimated
amount have been approved by the | 6 | | State Board, and as evidence of such
indebtedness may issue | 7 | | bonds without referendum. However, Community College District | 8 | | No. 522 and Community College District No. 536 may or in the | 9 | | alternative by proper resolution or
ordinance borrow money for | 10 | | such specifically identified purposes not in
excess of | 11 | | $20,000,000 in the aggregate at any one time when
in the | 12 | | judgment
of the community college board of trustees there are | 13 | | not sufficient
funds available in the operations and | 14 | | maintenance fund of the district to
permanently pay for such | 15 | | alterations or repairs so ordered or determined as
necessary | 16 | | and a certified estimate of a licensed architect or engineer
| 17 | | stating the estimated amount has been secured by
the community | 18 | | college district and the project and the estimated
amount have | 19 | | been approved by the State Board, and as evidence of such
| 20 | | indebtedness may issue bonds without referendum. Such bonds | 21 | | shall bear
interest at a rate or rates authorized by "An Act to | 22 | | authorize public
corporations to issue bonds, other evidences | 23 | | of indebtedness and tax
anticipation warrants subject to | 24 | | interest rate limitations set forth
therein", approved May 26, | 25 | | 1970, as now or hereafter amended, shall mature
within 20 years | 26 | | from date, and shall be signed by the chairperson chairman , |
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| 1 | | secretary
and treasurer of the local community college board.
| 2 | | In order to authorize and issue such bonds the local | 3 | | community college
board shall adopt a resolution fixing the | 4 | | amount of bonds, the date thereof,
the maturities thereof and | 5 | | rates of interest thereof, and the board by such
resolution, or | 6 | | in a district to which Article VII applies the city council
| 7 | | upon demand and under the direction of the board by ordinance, | 8 | | shall provide
for the levy and collection of a direct annual | 9 | | tax upon all the taxable
property in the local community | 10 | | college district sufficient to pay the
principal and interest | 11 | | on such bonds to maturity. Upon the filing in the
office of the | 12 | | county clerk of each of the counties in which the community
| 13 | | college district is located of a certified copy of such | 14 | | resolution or
ordinance it is the duty of the county clerk or | 15 | | clerks to extend the tax
therefor without limit as to rate or | 16 | | amount and in addition to and in
excess of all other taxes | 17 | | heretofore or hereafter authorized to be levied
by such | 18 | | community college district.
| 19 | | The State Board shall prepare and enforce regulations and | 20 | | specifications
for minimum requirements for the construction, | 21 | | remodeling or rehabilitation
of heating, ventilating, air | 22 | | conditioning, lighting, seating, water supply,
toilet, | 23 | | handicapped accessibility, fire safety and any other matter | 24 | | that
will conserve, preserve or provide for the protection and | 25 | | the health or
safety of individuals in or on community college | 26 | | property and will conserve
the integrity of the physical |
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| 1 | | facilities of the district.
| 2 | | This Section is cumulative and constitutes complete | 3 | | authority for the
issuance of bonds as provided in this Section | 4 | | notwithstanding any other
statute or law to the contrary.
| 5 | | (Source: P.A. 96-561, eff. 1-1-10.)
| 6 | | (110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
| 7 | | Sec. 3-20.5.
(a) The board of each community college | 8 | | district shall
ascertain, as near as practicable, annually, how | 9 | | much money must be raised
by special tax for educational | 10 | | purposes and for operations and maintenance
of facilities | 11 | | purposes for the next ensuing year. Such amounts shall be
| 12 | | certified and returned to the county clerk on or before the | 13 | | last Tuesday in
December, annually. The certificate shall be | 14 | | signed by the chairperson chairman and
secretary, and may be in | 15 | | the following form:
| 16 | | CERTIFICATE OF TAX LEVY
| 17 | | We hereby certify that we require the sum of .... dollars | 18 | | to be levied
as a special tax for educational purposes, and the | 19 | | sum of .... dollars to
be levied as a special tax for | 20 | | operations and maintenance of facilities
purposes, on the | 21 | | equalized assessed value of the taxable property of our
| 22 | | district, for the year (insert year).
| 23 | | Signed on (insert date).
| 24 | | A .... B ...., Chairperson Chairman
| 25 | | C .... D ...., Secretary
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| 1 | | Community College Dist. No. ...., .... County (or Counties)
| 2 | | An amended certificate may be filed by the community | 3 | | college board within
10 days of receipt of official | 4 | | notification from the county clerk of the
multiplier that will | 5 | | be applied to assessed value of the taxable property
of the | 6 | | district, provided such multiplier will alter the amount of | 7 | | revenue
received by the district from either local or State | 8 | | sources.
| 9 | | A failure by the board to file the certificate with the | 10 | | county clerk in
the time required shall not vitiate the | 11 | | assessment.
| 12 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 13 | | (110 ILCS 805/3-27) (from Ch. 122, par. 103-27)
| 14 | | Sec. 3-27.
To pay no orders except for teachers' wages | 15 | | unless at the time there are
sufficient funds in the hands of | 16 | | the treasurer to pay such order, except as
herein provided.
| 17 | | (a) It shall be lawful for the board to submit to the | 18 | | treasurer a
certified copy of the board minutes properly signed | 19 | | by the secretary and
chairperson chairman or by a majority of | 20 | | the Board, showing all bills approved for
payment by the Board | 21 | | and clearly showing to whom and for what purpose each
payment | 22 | | is to be made by the treasurer and to what budgetary item each
| 23 | | payment shall be debited and such certified copy shall serve as | 24 | | full
authority to the treasurer to make the payments as thus |
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| 1 | | approved; this
shall not preclude the use of a voucher system, | 2 | | or any other system of
sound accounting and business procedure, | 3 | | provided that such system reflects
the facts and that the same | 4 | | is in accordance with the regulations
prescribed by or approved | 5 | | by the State Board.
| 6 | | (b) It shall be lawful for the Board by resolution to | 7 | | establish
revolving funds provided such funds are in the | 8 | | custody of an employee who
shall be bonded as provided in | 9 | | Section 3-19 for bonding treasurers and who
shall be | 10 | | responsible to the Board and the treasurer, subject to regular
| 11 | | annual audit by licensed public accountants and other such | 12 | | examinations as
the Board shall deem advisable and kept in | 13 | | accordance with regulations
prescribed by the State Board. A | 14 | | monthly report and annual summary of all
receipts and | 15 | | expenditures of the fund shall be submitted to the Board and
| 16 | | the treasurer. All funds advanced by the treasurer to operate | 17 | | the revolving
funds shall be carried on the treasurer's books | 18 | | as cash obligations due the
district and all receipts of such | 19 | | revolving funds shall be deposited daily
in a bank or savings | 20 | | and loan association to be approved by the treasurer,
unless | 21 | | there is no bank or savings and loan association in the
| 22 | | community, in which event receipts shall be deposited intact | 23 | | not less than
once a week in a bank or savings and loan | 24 | | association approved by the
treasurer. All reimbursements to | 25 | | any
such revolving funds from the district funds shall be | 26 | | completely itemized
as to whom paid, for what purpose, and |
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| 1 | | against what budgetary item the
expenditure is chargeable.
| 2 | | No bank or savings and loan association shall receive | 3 | | public funds as
permitted by this Section, unless it has | 4 | | complied with the requirements
established pursuant to Section | 5 | | 6 of "An Act relating to certain investments of public
funds by | 6 | | public agencies", approved July 23, 1943, as now or hereafter | 7 | | amended.
| 8 | | (c) The Board shall establish rules and regulations | 9 | | governing conditions
under which classes, clubs, and | 10 | | associations may acquire or collect funds
in the name of any | 11 | | college and under such regulations as the State Board
may | 12 | | prescribe.
| 13 | | (Source: P.A. 83-541.)
| 14 | | (110 ILCS 805/3-33.3) (from Ch. 122, par. 103-33.3)
| 15 | | Sec. 3-33.3.
| 16 | | Before issuing any bonds under Section 3-33.2, the board | 17 | | shall adopt a
resolution designating the purpose and fixing the | 18 | | amount of the bonds
proposed to be issued, the maturity | 19 | | thereof, the rate of interest thereon
and the amount of taxes | 20 | | to be levied annually for the purpose of paying the
principal | 21 | | and interest.
| 22 | | The bonds shall be issued in the corporate name of the | 23 | | community college
district. They shall be signed by the | 24 | | chairperson chairman and secretary of the board.
The bonds | 25 | | shall be sold by the board at not less than par upon such terms
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| 1 | | as may be approved by the board after advertisement for bids | 2 | | and the
proceeds thereof shall be received by the treasurer for | 3 | | the uses herein
provided.
| 4 | | (Source: P.A. 78-669.)
| 5 | | (110 ILCS 805/3-51) (from Ch. 122, par. 103-51)
| 6 | | Sec. 3-51.
The Employment Advisory Board shall meet at | 7 | | least once
within each calendar quarter. It shall issue an | 8 | | advisory report, at least
once within each calendar year, to | 9 | | its Community College District Board of
Trustees concerning:
| 10 | | (a) the medium and long-term employment prospects of the
| 11 | | communities comprising their Community College District;
| 12 | | (b) the course and instruction mix most likely to produce | 13 | | community
college graduates, associates and alumni with the job | 14 | | skills necessary for
local employment; and
| 15 | | (c) the practicality of using existing community college | 16 | | employees,
contractors, instructors, professors, classrooms, | 17 | | and facilities to train
and retrain employees of existing | 18 | | public and private enterprises within the
boundaries of their | 19 | | Community College District to enhance their continued
| 20 | | employment skills.
| 21 | | The Employment Advisory Board shall also produce special | 22 | | advisory
reports, upon the request of the chairperson chairman | 23 | | or acting chairperson chairman of the Board
of Trustees of | 24 | | their Community College District.
| 25 | | (Source: P.A. 85-458.)
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| 1 | | (110 ILCS 805/3A-1) (from Ch. 122, par. 103A-1)
| 2 | | Sec. 3A-1.
Any community college district may borrow money | 3 | | for the
purpose of building, equipping, altering or repairing | 4 | | community college
buildings or purchasing or improving | 5 | | community college sites, or acquiring
and equipping recreation | 6 | | grounds, athletic fields, and other
buildings or land used or | 7 | | useful for community college purposes or for
the purpose of | 8 | | purchasing a site, with or without a building or
buildings | 9 | | thereon, or for the building of a house or houses on such
site, | 10 | | or for the building of a house or houses on the site of the
| 11 | | community college district, for residential purposes of the
| 12 | | administrators or faculty of the community college district, | 13 | | and issue
its negotiable coupon bonds therefor signed by the | 14 | | chairperson chairman and
secretary of the board, in | 15 | | denominations of not less than $100 nor more
than $5,000, | 16 | | payable at such place and at such time or times, not
exceeding | 17 | | 20 years from date of issuance, as the board may prescribe,
and | 18 | | bearing interest at a rate not to exceed
the maximum rate | 19 | | authorized by the Bond Authorization Act, as amended at the
| 20 | | time of the making of the contract, payable
annually, | 21 | | semiannually or quarterly, but no such bonds shall be issued
| 22 | | unless the proposition to issue them is submitted to the voters | 23 | | of the
community college district at a regular scheduled | 24 | | election in such district
and the board shall certify the | 25 | | proposition to the proper election
authorities for submission |
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| 1 | | in accordance with the general election law and
a majority of | 2 | | all the votes cast on the proposition is in favor of the
| 3 | | proposition, nor shall any residential site be acquired unless | 4 | | such
proposition to acquire a site is submitted to the voters | 5 | | of the district at
a regular scheduled election and the board | 6 | | shall certify the proposition to
the proper election | 7 | | authorities for submission to the electors in
accordance with | 8 | | the general election law and a majority of all the votes
cast | 9 | | on the proposition is in favor of the proposition. Nothing in | 10 | | this
Act shall be construed as to require the listing of | 11 | | maturity dates of
any bonds either in the notice of bond | 12 | | election or ballot used in the
bond election.
| 13 | | Bonds issued in accordance with this Section for Elgin | 14 | | Community College District No. 509 may be payable at such time | 15 | | or times, not exceeding 25 years from date of issuance, as the | 16 | | board may prescribe, if the following conditions are met: | 17 | | (i) The voters of the district approve a proposition | 18 | | for the bond issuance at an election held in 2009. | 19 | | (ii) Prior to the issuance of the bonds, the board | 20 | | determines, by resolution, that the projects built, | 21 | | acquired, altered, renovated, repaired, purchased, | 22 | | improved, installed, or equipped with the proceeds of the | 23 | | bonds are required as a result of a projected increase in | 24 | | the enrollment of students in the district, to meet demand | 25 | | in the fields of health care or public safety, to meet | 26 | | accreditation standards, or to maintain campus safety and |
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| 1 | | security. | 2 | | (iii) The bonds are issued, in one more more bond | 3 | | issuances, on or before April 7, 2014. | 4 | | (iv) The proceeds of the bonds are used to accomplish | 5 | | only those purposes approved by the voters at an election | 6 | | held in 2009. | 7 | | Bonds issued in accordance with this Section for Kishwaukee | 8 | | Community College District No. 523 may be payable at such time | 9 | | or times, not exceeding 25 years from date of issuance, as the | 10 | | board may prescribe, if the following conditions are met: | 11 | | (i) The voters of the district approve a | 12 | | proposition for the bond issuance at an election held | 13 | | in 2010 or 2011. | 14 | | (ii) Prior to the issuance of the bonds, the board | 15 | | determines, by resolution, that the projects built, | 16 | | acquired, altered, renovated, repaired, purchased, | 17 | | improved, installed, or equipped with the proceeds of | 18 | | the bonds are required as a result of a projected | 19 | | increase in the enrollment of students in the district, | 20 | | to meet demand in the fields of health care or public | 21 | | safety, to meet accreditation standards, or to | 22 | | maintain campus safety and security. | 23 | | (iii) The bonds are issued, in one or more bond | 24 | | issuances, on or before November 2, 2015. | 25 | | (iv) The proceeds of the bonds are used to | 26 | | accomplish only those purposes approved by the voters |
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| 1 | | at an election held in 2010 or 2011. | 2 | | With respect to instruments for the payment of money issued | 3 | | under this
Section either before, on, or after the effective | 4 | | date of this amendatory
Act of 1989, it is and always has been | 5 | | the intention of the General
Assembly (i) that the Omnibus Bond | 6 | | Acts are and always have been supplementary
grants of
power to | 7 | | issue instruments in accordance with the Omnibus Bond Acts,
| 8 | | regardless of any provision of this Act that may appear to be | 9 | | or to have
been more restrictive than those Acts, (ii)
that the | 10 | | provisions of this Section are not a limitation on the
| 11 | | supplementary authority granted by the Omnibus Bond
Acts,
and | 12 | | (iii) that instruments issued under this
Section within the | 13 | | supplementary authority granted by the Omnibus Bond Acts
are | 14 | | not invalid
because of any provision of this Act that may | 15 | | appear to be or to have been
more restrictive than those Acts.
| 16 | | (Source: P.A. 96-787, eff. 8-28-09; 96-1077, eff. 7-16-10.)
| 17 | | (110 ILCS 805/3A-20) (from Ch. 122, par. 103A-20)
| 18 | | Sec. 3A-20.
Whenever refunding bonds are issued, proper | 19 | | reduction of taxes
theretofore levied for the payment of the | 20 | | bonds refunded and next to be
extended for collection shall be | 21 | | made by the county clerk upon receipt of a
certificate signed | 22 | | by the treasurer of the community college district, or
by the | 23 | | chairperson chairman and secretary of the district, showing the | 24 | | bonds refunded
and the tax to be abated.
| 25 | | Money which becomes available from taxes that were levied |
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| 1 | | for prior
years for payment of bonds or interest coupons that | 2 | | were paid or refunded
before those taxes were collected, after | 3 | | payment of all warrants that may
have been issued in | 4 | | anticipation of these taxes, shall be placed in the
sinking | 5 | | fund account provided in Section 3A-21. It shall be used to
| 6 | | purchase, call for payment, or to pay at maturity refunding | 7 | | bonds and
interest thereon as herein provided.
| 8 | | (Source: P.A. 78-669.)
| 9 | | (110 ILCS 805/7-22) (from Ch. 122, par. 107-22)
| 10 | | Sec. 7-22.
Warrants drawn and issued under Section 7-21 | 11 | | shall be numbered
consecutively in the order of their issuance | 12 | | and shall show upon their face
that they are payable solely | 13 | | from the taxes when collected, and not
otherwise, and that | 14 | | payment thereof will be made in the order of their
issuance, | 15 | | beginning with the warrant having the lowest number, and shall | 16 | | be
received by any collector of taxes in payment of taxes | 17 | | against which they
are issued. The warrants shall be signed by | 18 | | the chairperson chairman and secretary of
the board. The taxes | 19 | | against which the warrants are drawn shall be set
apart and | 20 | | held for their payment, as herein provided. The warrants shall
| 21 | | bear interest, payable out of the taxes against which they are | 22 | | drawn, at
the rate of not to exceed 6% per annum, from the date | 23 | | of their issuance
until paid, or until notice is given by | 24 | | publication in a newspaper or
otherwise that the money for | 25 | | their payment is available and that they will
be paid on |
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| 1 | | presentation.
| 2 | | (Source: P.A. 76-1505.)
| 3 | | (110 ILCS 805/7-23) (from Ch. 122, par. 107-23)
| 4 | | Sec. 7-23.
The chairperson chairman of the board, with the | 5 | | approval of the board, may
designate one or more persons to | 6 | | have authority, when so directed by the chairperson
chairman to | 7 | | affix the signature of the chairperson chairman to any warrant,
| 8 | | certificate, contract or any other written instrument, which by | 9 | | law is
required to be signed by the chairperson chairman of the | 10 | | board. When the signature of
the chairperson chairman of the | 11 | | board is so affixed to a written instrument, it is as
binding | 12 | | upon the board as if signed personally by its chairperson | 13 | | chairman . Whenever
the chairperson chairman of the board | 14 | | desires to designate a person to affix the
signature of the | 15 | | chairperson chairman to any warrant, certificate, contract or | 16 | | any
other written instrument, he or she shall send a written | 17 | | notice to the board
containing the name of the person he or she | 18 | | has selected and a designation of the
instruments that person | 19 | | shall have authority to sign. Attached to the
notice shall be | 20 | | the written signature of the chairperson chairman of the board,
| 21 | | executed by the person so designated, with the signature of the | 22 | | person so
designated underneath. The notice shall be filed with | 23 | | the secretary,
presented at the next meeting of the board for | 24 | | its approval and entered in
the proceedings of that meeting.
| 25 | | (Source: P.A. 76-1505.)
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| 1 | | (110 ILCS 805/7-25) (from Ch. 122, par. 107-25)
| 2 | | Sec. 7-25. Issuance of bonds; terms and sale. The board may | 3 | | incur an
indebtedness and issue bonds for the purpose of
| 4 | | erecting, purchasing or otherwise acquiring buildings suitable | 5 | | for
community college use, transferring funds to the Illinois | 6 | | Building
Authority for community college building purposes, | 7 | | erecting temporary
community college structures, erecting | 8 | | additions to, repairing,
rehabilitating and replacing existing | 9 | | community college buildings and
temporary community college | 10 | | structures, furnishing and equipping
community college | 11 | | buildings and temporary community college structures,
and | 12 | | purchasing or otherwise acquiring and improving sites for such
| 13 | | purposes.
| 14 | | The bonds may not be issued until the proposition of | 15 | | authorizing such
bonds has been certified to the proper | 16 | | election officials, who shall have
submitted it to the electors | 17 | | of the city at a regular scheduled
election in accordance with | 18 | | the general election law, and approved by a
majority of the | 19 | | electors voting upon that question.
| 20 | | The board shall adopt a resolution providing for certifying | 21 | | that
proposition for such an election. In addition to the
| 22 | | requirements of the general election law the notice
of the | 23 | | referendum must contain the amount of the bond issue,
maximum | 24 | | rate of interest and purpose for which issued. This notice | 25 | | shall
be published in accordance with the general election law.
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| 1 | | The proposition shall be in substantially the following | 2 | | form:
| 3 | | -------------------------------------------------------------
| 4 | | Shall bonds in the amount of
| 5 | | $............ be issued by the
| 6 | | Board of community College District YES
| 7 | | No....., County of.... and State of
| 8 | | Illinois for the purpose of (Here
| 9 | | print the purpose of the public -----------------------
| 10 | | measure) bearing interest at the
| 11 | | rate of not to exceed the maximum
| 12 | | rate authorized by the Bond NO
| 13 | | Authorization Act, as amended at the
| 14 | | time of the making of the contract?
| 15 | | -------------------------------------------------------------
| 16 | | Whenever the board desires to issue bonds as herein | 17 | | authorized, it
shall adopt a resolution designating the purpose | 18 | | for which the proceeds
of the bonds are to be expended and | 19 | | fixing the amount of the bonds
proposed to be issued, the | 20 | | maturity thereof, and optional provisions, if
any, the rate of | 21 | | interest thereon, and the amount of taxes to be levied
annually | 22 | | for the purpose of paying the interest upon and the principal
| 23 | | of such bonds.
| 24 | | The bonds shall bear interest at the rate of not more than
| 25 | | the maximum rate authorized by the Bond Authorization Act, as | 26 | | amended at the
time of the making of the contract, and shall |
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| 1 | | mature within not to exceed
20 years from their date,
and may | 2 | | be made callable on any interest payment date at par and | 3 | | accrued
interest, after notice has been given, at the time and | 4 | | in the manner
provided in the bond resolution.
| 5 | | The bonds shall be issued in the corporate name of the | 6 | | community
college district, and they shall be signed by the | 7 | | chairperson chairman and secretary
of the community college | 8 | | board. The bonds shall also be registered,
numbered and | 9 | | countersigned by the treasurer who receives the taxes of
the | 10 | | district. The registration shall be in a book in which shall be
| 11 | | entered the record of the election authorizing the board to | 12 | | borrow money
and a description of the bonds issued, including | 13 | | the number, date, to
whom issued, amount, rate of interest and | 14 | | when due.
| 15 | | The bonds shall be sold by the board upon such terms as are | 16 | | approved
by the board after advertisement for bids, and the | 17 | | proceeds thereof
shall be received by the community college | 18 | | treasurer, and expended by
the board for the purposes provided | 19 | | in the bond resolution.
| 20 | | The community college treasurer shall, before receiving | 21 | | any of such
money, execute a surety bond conditioned upon the | 22 | | faithful discharge of
his duties with a surety company | 23 | | authorized to do business in this
State, which surety bond | 24 | | shall be approved by the community college
board and filed as | 25 | | otherwise required under this Act for the treasurer's
bond. The | 26 | | penalty of the surety bond shall be in the amount of such bond
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| 1 | | issue. The surety bond shall be in substantially the same form | 2 | | as the
bond otherwise required under this Act for the treasurer | 3 | | and when so
given shall fully describe the bond issue which it | 4 | | specifically covers
and shall remain in force until the funds | 5 | | of the bond issue are fully
disbursed in accordance with the | 6 | | law.
| 7 | | Before or at the time of issuing any bonds herein | 8 | | authorized, the board
shall by resolution provide for the levy | 9 | | and collection
of a direct
annual tax upon all the taxable | 10 | | property of such community college
district sufficient to pay | 11 | | and discharge the principal thereof at
maturity and to pay the | 12 | | interest thereon as it falls due. Such tax shall
be levied and | 13 | | collected in like manner with the other taxes of the
community | 14 | | college district and shall be in addition to and exclusive of
| 15 | | the maximum of all other taxes which the board is authorized by | 16 | | law to levy for community college purposes.
Upon the filing in | 17 | | the office of the county clerk of the county wherein
such | 18 | | community college district is located of a certified copy of | 19 | | any
such ordinance, the county clerk shall extend the tax | 20 | | therein provided
for, including an amount to cover loss and | 21 | | cost of collecting such taxes
and also deferred collections | 22 | | thereof and abatements in the amounts of
such taxes as extended | 23 | | upon the collector's books. The ordinance shall
be in force | 24 | | upon its passage.
| 25 | | With respect to instruments for the payment of money issued | 26 | | under this
Section either before, on, or after the effective |
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| 1 | | date of this amendatory
Act of 1989, it is and always has been | 2 | | the intention of the General
Assembly (i) that the Omnibus Bond | 3 | | Acts are and always have been supplementary
grants of
power to | 4 | | issue instruments in accordance with the Omnibus Bond Acts,
| 5 | | regardless of any provision of this Act that may appear to be | 6 | | or to have
been more restrictive than those Acts, (ii)
that the | 7 | | provisions of this Section are not a limitation on the
| 8 | | supplementary authority granted by the Omnibus Bond
Acts,
and | 9 | | (iii) that instruments issued under this
Section within the | 10 | | supplementary authority granted by the Omnibus Bond Acts
are | 11 | | not invalid
because of any provision of this Act that may | 12 | | appear to be or to have been
more restrictive than those Acts.
| 13 | | (Source: P.A. 89-281, eff. 8-10-95 .)
| 14 | | (110 ILCS 805/7-26) (from Ch. 122, par. 107-26)
| 15 | | Sec. 7-26. Issuance of bonds not exceeding $15,000,000 | 16 | | aggregate. The
board
may incur an indebtedness and issue bonds | 17 | | therefor in an amount or amounts
not to exceed in the aggregate | 18 | | $15,000,000 for the purpose of erecting,
purchasing, or | 19 | | otherwise acquiring buildings suitable for community college
| 20 | | use, transferring funds to the Illinois Building Authority for | 21 | | community
college building purposes, erecting temporary | 22 | | community college structures,
erecting additions to, | 23 | | repairing, rehabilitating, and replacing existing
community | 24 | | college buildings and temporary community college structures,
| 25 | | furnishing and equipping community college buildings and |
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| 1 | | temporary
community college structures, and purchasing or | 2 | | otherwise acquiring and
improving sites for such purposes. The | 3 | | bonds may be issued without
submitting the question of issuance | 4 | | thereof to the voters of the community
college district for | 5 | | approval.
| 6 | | Whenever the board desires to issue bonds as herein | 7 | | authorized, it shall
adopt a resolution designating the purpose | 8 | | for which the proceeds of the
bonds are to be expended and | 9 | | fixing the amount of the bonds proposed to be
issued, the | 10 | | schedule of the maturities thereof; and optional provisions, if
| 11 | | any, and the maximum rate of interest thereon and directing the | 12 | | sale upon
such terms as are determined by the board.
| 13 | | The secretary of the board shall cause such sale to be | 14 | | advertised by
publication of a notice of sale once, as a legal | 15 | | notice in a newspaper
having general circulation in the | 16 | | district, and once in a financial journal
published in the City | 17 | | of New York, New York, or Chicago, Illinois. Such
notice of | 18 | | sale shall be published not less than 7 nor more than 21 days
| 19 | | prior to the date set for the sale of the bonds being | 20 | | advertised. The
notice of sale shall state that sealed bids | 21 | | will be received by the board
for its bonds and shall include: | 22 | | the amount, date, maturity or maturities
of such bonds; the | 23 | | date, time and place of receipt of bids; the maximum
| 24 | | permissible interest rate; the basis upon which the bonds will | 25 | | be awarded;
call provisions, if any; and such other information | 26 | | as the board may deem
pertinent.
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| 1 | | After the bonds have been awarded to the successful bidder, | 2 | | the board
shall adopt a resolution confirming the sale of said | 3 | | bonds to the
successful bidder, setting forth the terms of | 4 | | sale, designating the place
of payment for the principal and | 5 | | interest, prescribing the form of bond and
determining the | 6 | | amount of taxes to be levied annually for each of the years
in | 7 | | which said bonds are outstanding for the purpose of paying the | 8 | | interest
on and the principal of such bonds.
| 9 | | The bonds shall be issued in the corporate name of the | 10 | | community college
district, and they shall be signed by the | 11 | | chairperson chairman and secretary of the
community college | 12 | | board. The bonds shall bear interest at a rate of not
more than
| 13 | | the maximum rate authorized by the Bond Authorization Act, as | 14 | | amended at the
time of the making of the contract, and shall | 15 | | mature within 20 years from the date of
issuance, and may be | 16 | | made callable on any interest payment date at par and
accrued | 17 | | interest, after notice has been given, at the time and in the
| 18 | | manner provided in the bond resolution. The proceeds of sale of | 19 | | said bonds
shall be received by the community college | 20 | | treasurer, and expended by the
board for the purpose provided | 21 | | in the bond resolution.
| 22 | | The community college treasurer shall, before receiving | 23 | | any of such
money, execute a surety bond with a surety company | 24 | | authorized to do
business in this State conditioned upon the | 25 | | faithful discharge of his
duties. That surety bond must pass | 26 | | approval by the community college board
and, upon such |
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| 1 | | approval, shall be filed as otherwise required under this
Act | 2 | | for the treasurer's bond. The penalty of the surety bond shall | 3 | | be in
the amount of such bond issue. The surety bond shall be | 4 | | in substantially
the same form as the bond otherwise required | 5 | | under this Act for the
treasurer and when so given shall fully | 6 | | describe the bond issue which it
specifically covers and shall | 7 | | remain in force until the funds of the bond
issue are fully | 8 | | disbursed in accordance with the law.
| 9 | | Before or at the time of issuing any bonds herein | 10 | | authorized, the city
council, upon the demand and under the | 11 | | direction of the board shall, by
ordinance, provide for the | 12 | | levy and collection of a direct annual tax upon
all the taxable | 13 | | property within the community college district sufficient
to | 14 | | pay and discharge the principal thereof at maturity and to pay | 15 | | the
interest thereon as it falls due. Such tax shall be levied | 16 | | and collected in
like manner with the other taxes of the | 17 | | community college district and
shall be in addition to and | 18 | | exclusive of the maximum of all other taxes
which the board is
| 19 | | authorized by law to
levy for community college purposes. Upon | 20 | | the filing in the office of the
county clerk of each county | 21 | | wherein such community college district is
located of a | 22 | | certified copy of any such ordinance, the county clerk shall
| 23 | | extend the tax therein provided for, including an amount to | 24 | | cover loss and
cost of collecting such taxes and also deferred | 25 | | collections thereof and
abatements in the amounts of such taxes | 26 | | as extended upon the collector's
books.
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| 1 | | With respect to instruments for the payment of money issued | 2 | | under this
Section either before, on, or after the effective | 3 | | date of this amendatory
Act of 1989, it is and always has been | 4 | | the intention of the General
Assembly (i) that the Omnibus Bond | 5 | | Acts are and always have been
supplementary grants of power to | 6 | | issue instruments in accordance with the
Omnibus Bond Acts, | 7 | | regardless of any provision of this Act that may appear
to be | 8 | | or to have been more restrictive than those Acts, (ii) that the
| 9 | | provisions of this Section are not a limitation on the | 10 | | supplementary
authority granted by the Omnibus Bond Acts, and | 11 | | (iii) that instruments
issued under this Section within the | 12 | | supplementary authority granted
by the Omnibus Bond Acts are | 13 | | not invalid because of any provision of
this Act that may | 14 | | appear to be or to have been more restrictive than
those Acts.
| 15 | | (Source: P.A. 89-281, eff. 8-10-95.)
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