Illinois General Assembly - Full Text of SB0805
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Full Text of SB0805  102nd General Assembly


Rep. LaToya Greenwood

Filed: 5/5/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 805 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by adding Section
52-3.182 as follows:
6    (105 ILCS 5/2-3.182 new)
7    Sec. 2-3.182. School Unused Food Program. The State Board
8of Education shall develop and implement a School Unused Food
9Program that allows public schools in this State to provide
10food that is unused by the school to needy children who are
11students of that school. Unused food under the Program shall
12be provided at no cost to the student. A school participating
13in the Program may contract with third parties to provide
14services under the Program. The State Board shall adopt rules
15necessary to implement and administer the Program established
16under this Section. For the purposes of this Section, "needy



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1children" means children who qualify for the free breakfast
2program, free lunch program, school breakfast program, or
3school lunch program as provided under the School Breakfast
4and Lunch Program Act.
5    Section 10. The Public Community College Act is amended by
6changing Sections 3-8, 3-10, and 3-33.6 as follows:
7    (110 ILCS 805/3-8)  (from Ch. 122, par. 103-8)
8    Sec. 3-8. In this Section, "reasonable emergency" means
9any imminent need to maintain the operations or facilities of
10the community college district and that such need is due to
11circumstances beyond the control of the board.
12    Following each election and canvass, the new board shall
13hold its organizational meeting on or before the 28th day
14after the election. If the election is the initial election
15ordered by the regional superintendent, the organizational
16meeting shall be convened by the regional superintendent, who
17shall preside over the meeting until the election for
18chairman, vice chairman and secretary of board is completed.
19At all other organizational meetings, the chairman of the
20board, or, in his or her absence, the president of the
21community college or acting chief executive officer of the
22college shall convene the new board, and conduct the election
23for chairman, vice chairman and secretary. The secretary may
24be a member of the board. The secretary, if not a member of the



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1board, may receive such compensation as shall be fixed by the
2board prior to the election of the secretary. The board shall
3then proceed with its organization under the newly elected
4board officers, and shall fix a time and place for its regular
5meetings. It shall then enter upon the discharge of its
6duties. Public notice of the schedule of regular meetings for
7the next calendar year, as set at the organizational meeting,
8must be given at the beginning of that calendar year. The terms
9of board office shall be 2 years, except that the board by
10resolution may establish a policy for the terms of office to be
11one year, and provide for the election of officers for the
12remaining one year period. Terms of members are subject to
13Section 2A-54 of the Election Code.
14    Beginning 45 days prior to the Tuesday following the first
15Monday of April in odd-numbered years until the first
16organizational meeting of the new board, no addendum to modify
17or amend an employee agreement between a community college
18district and the district's president, chancellor, or chief
19executive officer may be agreed to or executed, nor may an
20employment contract be made and entered into between the board
21of an established community college district and a president,
22chancellor, or chief executive officer. If the current board
23must take such action at any time during the 45 days prior to
24the Tuesday following the first Monday of April in
25odd-numbered years until the first organizational meeting of
26the new board due to a reasonable emergency, then that action



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1shall be terminated on the 60th day after the first
2organizational meeting, unless the new board, by resolution,
3reaffirms the agreed-upon addendum or new employment contract.
4    Special meetings of the board may be called by the
5chairman or by any 3 members of the board by giving notice
6thereof in writing stating the time, place and purpose of the
7meeting. Such notice may be served by mail 48 hours before the
8meeting or by personal service 24 hours before the meeting.
9    At each regular and special meeting which is open to the
10public, members of the public and employees of the community
11college district shall be afforded time, subject to reasonable
12constraints, to comment to or ask questions of the board.
13(Source: P.A. 99-693, eff. 1-1-17.)
14    (110 ILCS 805/3-10)  (from Ch. 122, par. 103-10)
15    Sec. 3-10. The chairman shall preside at all meetings and
16shall perform such duties as are imposed upon him or her by law
17or by action of the board. The vice-chairman shall perform the
18duties of the chairman if there is a vacancy in the office of
19the chairman or in case of the chairman's absence or inability
20to act. If there is a vacancy in the office of the chairman and
21vice-chairman or the chairman and vice-chairman are absent
22from any meeting or refuse to perform their duties, a chairman
23pro tempore shall be appointed by the board from among their
25    The secretary may be a member of the board and shall



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1perform the duties usually pertaining to his or her office.
2The secretary, if not a member of the board, may receive such
3compensation as shall be fixed by the board prior to the
4election of the secretary. If the secretary he is absent from
5any meeting or refuses to perform his or her duties, a member
6of the board shall be appointed secretary pro tempore.
7(Source: P.A. 100-273, eff. 8-22-17.)
8    (110 ILCS 805/3-33.6)  (from Ch. 122, par. 103-33.6)
9    Sec. 3-33.6. Monies may be transferred from the working
10cash fund to the educational fund or operations and
11maintenance fund only upon the authority of the board, which
12shall by resolution direct the community college treasurer to
13make such transfers. The resolution shall set forth (a) the
14taxes or other funds in anticipation of the collection or
15receipt of which the working cash fund is to be reimbursed, (b)
16the entire amount of taxes extended, or which the board shall
17estimate will be extended or received, for any year in
18anticipation of the collection of all or part of which such
19transfers are to be made, (c) the aggregate amount of warrants
20or notes theretofore issued in anticipation of the collection
21of such taxes under this Act together with the amount of
22interest accrued and which the community college board
23estimates will accrue thereon, (d) the amount of monies which
24the community college board estimates will be derived for any
25year from the State, Federal government or other sources in



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1anticipation of the receipt of all or part of which such
2transfer is to be made, (e) the aggregate amount of receipts
3from taxes imposed to replace revenue lost by units of local
4government and school districts as a result of the abolition
5of ad valorem personal property taxes, pursuant to Article IX,
6Section 5(c) of the Constitution of the State of Illinois,
7which the corporate authorities estimate will be set aside for
8the payment of the proportionate amount of debt service and
9pension or retirement obligations, as required by Section 12
10of "An Act in relation to State Revenue Sharing with local
11government entities", approved July 31, 1969, as amended, and
12(f) the aggregate amount of monies theretofore transferred
13from the working cash fund to the educational fund or
14operations and maintenance fund in anticipation of the
15collection of such taxes or of the receipt of such other monies
16from other sources. The amount which the resolution shall
17direct the community college treasurer so to transfer in
18anticipation of the collection of taxes levied or to be
19received for any year, together with the aggregate amount of
20such anticipation tax warrants or notes theretofore drawn
21against such taxes and the amount of the interest accrued and
22estimated to accrue thereon, the amount estimated to be
23required to satisfy debt service and pension or retirement
24obligations, as set forth in Section 12 of "An Act in relation
25to State revenue sharing with local government entities",
26approved July 31, 1969, as amended, and the aggregate amount



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1of such transfers theretofore made in anticipation of the
2collection of such taxes may not exceed 90% of the actual or
3estimated amount of such taxes extended or to be extended or to
4be received as set forth in the resolution. The amount which
5the resolution shall direct the community college treasurer so
6to transfer in anticipation of the receipt of monies to be
7derived for any year from the State, Federal government or
8from other sources, together with the aggregate amount
9theretofore transferred in anticipation of the receipt of any
10such monies, may not exceed the total amount which it is so
11estimated will be received from such source. Any community
12college district may also abolish its working cash fund upon
13the adoption of a resolution so providing and directing the
14transfer of any balance in such fund to the operating funds at
15the close of the then current fiscal year or may abate its
16working cash fund upon the adoption of a resolution so
17providing and directing the transfer of part of the balance in
18such fund to the operating funds at any time. If a community
19college district elects to abolish or abate its working cash
20fund under this provision, it shall have the authority to
21again create a working cash fund at any time not establish
22another working cash fund, unless approved by the voters of
23the community college district in the manner provided by
24Article III of this Act. When monies are available in the
25working cash fund, they shall, unless the community college
26district has abolished or abated its working cash fund



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1pursuant to this Section, be transferred to the educational
2fund and operations and maintenance fund and disbursed for the
3payment of salaries and other educational purposes and
4operation and maintenance of facilities purposes expenses so
5as to avoid, whenever possible, the issuance of tax
6anticipation warrants.
7    Monies earned as interest from the investment of the
8working cash fund, or any portion thereof, may be transferred
9from the working cash fund to the educational fund or
10operations and maintenance fund of the district without any
11requirement of repayment to the working cash fund, upon the
12authority of the board by separate resolution directing the
13treasurer to make such transfer and stating the purpose
15(Source: P.A. 85-1335.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".