Rep. Jay Hoffman

Filed: 3/9/2023





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2    AMENDMENT NO. ______. Amend House Bill 1133 by replacing
3everything after the enacting clause with the following:
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



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1shall preside over the meeting until the election for
2chairman, vice chairman and secretary of board is completed.
3At all other organizational meetings, the chairman of the
4board, or, in his or her absence, the president of the
5community college or acting chief executive officer of the
6college shall convene the new board, and conduct the election
7for chairman, vice chairman and secretary. The chairman and
8vice chairman elected by the board shall be members of the
9board, but the secretary elected by the board may be either a
10member of the board or not a member of the board, as determined
11by the board. The secretary, if not a member of the board, may
12receive such compensation as shall be fixed by the board prior
13to the election of the secretary. The board shall then proceed
14with its organization under the newly elected board officers,
15and shall fix a time and place for its regular meetings. It
16shall then enter upon the discharge of its duties. Public
17notice of the schedule of regular meetings for the next
18calendar year, as set at the organizational meeting, must be
19given at the beginning of that calendar year. The terms of
20board office shall be 2 years, except that the board by
21resolution may establish a policy for the terms of office to be
22one year, and provide for the election of officers for the
23remaining one year period. Terms of members are subject to
24Section 2A-54 of the Election Code.
25    Beginning 45 days prior to the Tuesday following the first
26Monday of April in odd-numbered years until the first



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1organizational meeting of the new board, no addendum to modify
2or amend an employee agreement between a community college
3district and the district's president, chancellor, or chief
4executive officer may be agreed to or executed, nor may an
5employment contract be made and entered into between the board
6of an established community college district and a president,
7chancellor, or chief executive officer. If the current board
8must take such action at any time during the 45 days prior to
9the Tuesday following the first Monday of April in
10odd-numbered years until the first organizational meeting of
11the new board due to a reasonable emergency, then that action
12shall be terminated on the 60th day after the first
13organizational meeting, unless the new board, by resolution,
14reaffirms the agreed-upon addendum or new employment contract.
15    Special meetings of the board may be called by the
16chairman or by any 3 members of the board by giving notice
17thereof in writing stating the time, place and purpose of the
18meeting. Such notice may be served by mail 48 hours before the
19meeting or by personal service 24 hours before the meeting.
20    At each regular and special meeting which is open to the
21public, members of the public and employees of the community
22college district shall be afforded time, subject to reasonable
23constraints, to comment to or ask questions of the board.
24(Source: P.A. 99-693, eff. 1-1-17.)
25    (110 ILCS 805/3-10)  (from Ch. 122, par. 103-10)



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1    Sec. 3-10. The chairman shall preside at all meetings and
2shall perform such duties as are imposed upon him or her by law
3or by action of the board. The vice-chairman shall perform the
4duties of the chairman if there is a vacancy in the office of
5the chairman or in case of the chairman's absence or inability
6to act. If there is a vacancy in the office of the chairman and
7vice-chairman or the chairman and vice-chairman are absent
8from any meeting or refuse to perform their duties, a chairman
9pro tempore shall be appointed by the board from among their
11    The secretary may be a member of the board and shall
12perform the duties usually pertaining to his or her office.
13The secretary, if not a member of the board, may receive such
14compensation as shall be fixed by the board prior to the
15election of the secretary. If the secretary he is absent from
16any meeting or refuses to perform his or her duties, a member
17of the board shall be appointed secretary pro tempore.
18(Source: P.A. 100-273, eff. 8-22-17.)
19    (110 ILCS 805/3-33.6)  (from Ch. 122, par. 103-33.6)
20    Sec. 3-33.6. Monies in the working cash fund may be used
21for any and all community college purposes and may be
22transferred in whole or in part from the working cash fund to
23the educational fund or operations and maintenance fund only
24upon the authority of the board, which shall by resolution
25direct the community college treasurer to make such transfers.



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



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1fund in anticipation of the collection of such taxes or of the
2receipt of such other monies from other sources. The amount
3which the resolution shall direct the community college
4treasurer so to transfer in anticipation of the collection of
5taxes levied or to be received for any year, together with the
6aggregate amount of such anticipation tax warrants or notes
7theretofore drawn against such taxes and the amount of the
8interest accrued and estimated to accrue thereon, the amount
9estimated to be required to satisfy debt service and pension
10or retirement obligations, as set forth in Section 12 of "An
11Act in relation to State revenue sharing with local government
12entities", approved July 31, 1969, as amended, and the
13aggregate amount of such transfers theretofore made in
14anticipation of the collection of such taxes may not exceed
1590% of the actual or estimated amount of such taxes extended or
16to be extended or to be received as set forth in the
17resolution. The amount which the resolution shall direct the
18community college treasurer so to transfer in anticipation of
19the receipt of monies to be derived for any year from the
20State, Federal government or from other sources, together with
21the aggregate amount theretofore transferred in anticipation
22of the receipt of any such monies, may not exceed the total
23amount which it is so estimated will be received from such
24source. Any community college district may also abolish its
25working cash fund upon the adoption of a resolution so
26providing and directing the transfer of any balance in such



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1fund to the operating funds at the close of the then-current
2fiscal year or may abate its working cash fund upon the
3adoption of a resolution so providing and directing the
4transfer of part of the balance in such fund to the operating
5funds at any time. If a community college district elects to
6abolish or abate its working cash fund under this provision,
7it shall have the authority to increase or again create a
8working cash fund at any time not establish another working
9cash fund, unless approved by the voters of the community
10college district in the manner provided by Article III of this
11Act. When monies are available in the working cash fund, they
12shall, unless the community college district has abolished or
13abated its working cash fund pursuant to this Section, be
14transferred to the educational fund and operations and
15maintenance fund and disbursed for the payment of salaries and
16other educational purposes and operation and maintenance of
17facilities purposes expenses so as to avoid, whenever
18possible, the issuance of tax anticipation warrants.
19    Monies earned as interest from the investment of the
20working cash fund, or any portion thereof, may be transferred
21from the working cash fund to the educational fund or
22operations and maintenance fund of the district without any
23requirement of repayment to the working cash fund, upon the
24authority of the board by separate resolution directing the
25treasurer to make such transfer and stating the purpose



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1(Source: P.A. 85-1335.)
2    (110 ILCS 805/3-33.6a new)
3    Sec. 3-33.6a. Abatement of working cash fund. A community
4college district may abate its working cash fund at any time,
5upon the adoption of a resolution so providing, and may direct
6the transfer at any time of moneys in that fund to any fund or
7funds of the district most in need of the money, provided that
8the district maintains an amount to the credit of the working
9cash fund, including amounts transferred pursuant to Section
103-33.6 and to be reimbursed to the working cash fund, at least
11equal to 0.05% of the then-current value, as equalized or
12assessed by the Department of Revenue, of the taxable property
13in the district. If necessary to effectuate the abatement, any
14outstanding loans to other funds of the district may be paid or
15become payable to the fund or funds to which the abatement is
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".