HB1133 EngrossedLRB103 05030 RJT 50043 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5.The Public Community College Act is amended by
5changing Sections 3-8, 3-10, and 3-33.6 and by adding Section
63-33.6a 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 chairman and



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1vice chairman elected by the board shall be members of the
2board, but the secretary elected by the board may be either a
3member of the board or not a member of the board, as determined
4by the board. The secretary, if not a member of the board, may
5receive such compensation as shall be fixed by the board prior
6to the election of the secretary. The board shall then proceed
7with its organization under the newly elected board officers,
8and shall fix a time and place for its regular meetings. It
9shall then enter upon the discharge of its duties. Public
10notice of the schedule of regular meetings for the next
11calendar year, as set at the organizational meeting, must be
12given at the beginning of that calendar year. The terms of
13board office shall be 2 years, except that the board by
14resolution may establish a policy for the terms of office to be
15one year, and provide for the election of officers for the
16remaining one year period. Terms of members are subject to
17Section 2A-54 of the Election Code.
18    Beginning 45 days prior to the Tuesday following the first
19Monday of April in odd-numbered years until the first
20organizational meeting of the new board, no addendum to modify
21or amend an employee agreement between a community college
22district and the district's president, chancellor, or chief
23executive officer may be agreed to or executed, nor may an
24employment contract be made and entered into between the board
25of an established community college district and a president,
26chancellor, or chief executive officer. If the current board



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1must take such action at any time during the 45 days prior to
2the Tuesday following the first Monday of April in
3odd-numbered years until the first organizational meeting of
4the new board due to a reasonable emergency, then that action
5shall be terminated on the 60th day after the first
6organizational meeting, unless the new board, by resolution,
7reaffirms the agreed-upon addendum or new employment contract.
8    Special meetings of the board may be called by the
9chairman or by any 3 members of the board by giving notice
10thereof in writing stating the time, place and purpose of the
11meeting. Such notice may be served by mail 48 hours before the
12meeting or by personal service 24 hours before the meeting.
13    At each regular and special meeting which is open to the
14public, members of the public and employees of the community
15college district shall be afforded time, subject to reasonable
16constraints, to comment to or ask questions of the board.
17(Source: P.A. 99-693, eff. 1-1-17.)
18    (110 ILCS 805/3-10)  (from Ch. 122, par. 103-10)
19    Sec. 3-10. The chairman shall preside at all meetings and
20shall perform such duties as are imposed upon him or her by law
21or by action of the board. The vice-chairman shall perform the
22duties of the chairman if there is a vacancy in the office of
23the chairman or in case of the chairman's absence or inability
24to act. If there is a vacancy in the office of the chairman and
25vice-chairman or the chairman and vice-chairman are absent



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



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



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1interest accrued and estimated to accrue thereon, the amount
2estimated to be required to satisfy debt service and pension
3or retirement obligations, as set forth in Section 12 of "An
4Act in relation to State revenue sharing with local government
5entities", approved July 31, 1969, as amended, and the
6aggregate amount of such transfers theretofore made in
7anticipation of the collection of such taxes may not exceed
890% of the actual or estimated amount of such taxes extended or
9to be extended or to be received as set forth in the
10resolution. The amount which the resolution shall direct the
11community college treasurer so to transfer in anticipation of
12the receipt of monies to be derived for any year from the
13State, Federal government or from other sources, together with
14the aggregate amount theretofore transferred in anticipation
15of the receipt of any such monies, may not exceed the total
16amount which it is so estimated will be received from such
17source. Any community college district may also abolish its
18working cash fund upon the adoption of a resolution so
19providing and directing the transfer of any balance in such
20fund to the operating funds at the close of the then-current
21fiscal year or may abate its working cash fund upon the
22adoption of a resolution so providing and directing the
23transfer of part of the balance in such fund to the operating
24funds at any time. If a community college district elects to
25abolish or abate its working cash fund under this provision,
26it shall have the authority to increase or again create a



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1working cash fund at any time not establish another working
2cash fund, unless approved by the voters of the community
3college district in the manner provided by Article III of this
4Act. When monies are available in the working cash fund, they
5shall, unless the community college district has abolished or
6abated its working cash fund pursuant to this Section, be
7transferred to the educational fund and operations and
8maintenance fund and disbursed for the payment of salaries and
9other educational purposes and operation and maintenance of
10facilities purposes expenses so as to avoid, whenever
11possible, the issuance of tax anticipation warrants.
12    Monies earned as interest from the investment of the
13working cash fund, or any portion thereof, may be transferred
14from the working cash fund to the educational fund or
15operations and maintenance fund of the district without any
16requirement of repayment to the working cash fund, upon the
17authority of the board by separate resolution directing the
18treasurer to make such transfer and stating the purpose
20(Source: P.A. 85-1335.)
21    (110 ILCS 805/3-33.6a new)
22    Sec. 3-33.6a. Abatement of working cash fund. A community
23college district may abate its working cash fund at any time,
24upon the adoption of a resolution so providing, and may direct
25the transfer at any time of moneys in that fund to any fund or



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1funds of the district most in need of the money, provided that
2the district maintains an amount to the credit of the working
3cash fund, including amounts transferred pursuant to Section
43-33.6 and to be reimbursed to the working cash fund, at least
5equal to 0.05% of the then-current value, as equalized or
6assessed by the Department of Revenue, of the taxable property
7in the district. If necessary to effectuate the abatement, any
8outstanding loans to other funds of the district may be paid or
9become payable to the fund or funds to which the abatement is
11    Section 99. Effective date. This Act takes effect upon
12becoming law.