State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Conference Committee Report 001 ]

90_HB1197

      110 ILCS 805/2-12.1       from Ch. 122, par. 102-12.1
          Amends the Public Community College Act.   Provides  that
      certain  endowment,  auxiliary,  and  activity funds and fees
      held and retained by State  Community  College  of  East  St.
      Louis  at the time of its abolition are deemed transferred by
      operation of law to the board of trustees of a new  community
      college  district,  to  be  retained by that board in its own
      treasury and used for the affairs and  purposes  of  the  new
      community  college district.  Requires the Illinois Community
      College Board to pay, from appropriations made to it from the
      General Revenue Fund, the  outstanding  obligations  incurred
      for  fiscal  years  prior to fiscal year 1997 by the board of
      trustees of  State  Community  College  of  East  St.  Louis.
      Requires   the  State  Comptroller  and  State  Treasurer  to
      transfer to the General Revenue Fund the  balances  remaining
      in  the State Community College of East St. Louis Income Fund
      and the State Community College of East St.  Louis  Contracts
      and Grants Fund.  Effective immediately.
                                                     LRB9002542THpk
                                               LRB9002542THpk
 1        AN  ACT  to  amend  the  Public  Community College Act by
 2    changing Section 2-12.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Public Community College Act is amended
 6    by changing Section 2-12.1 as follows:
 7        (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
 8        Sec.   2-12.1.  Experimental   district;   abolition   of
 9    experimental district  and  establishment  of  new  community
10    college district.
11        (a)  The  State  Board  shall  establish  an experimental
12    community college district, referred to in this  Act  as  the
13    "experimental  district",  to be comprised of territory which
14    includes the City of East  St.  Louis,  Illinois.  The  State
15    Board  shall determine the area and fix the boundaries of the
16    territory of the experimental district. Within 30 days of the
17    establishment of the experimental district, the  State  Board
18    shall  file with the county clerk of the county, or counties,
19    concerned a map showing the  territory  of  the  experimental
20    district.
21        Within  the  experimental district, the State Board shall
22    establish,  maintain  and  operate,  until  the  experimental
23    district is abolished and a new community college district is
24    established under subsection (c), an  experimental  community
25    college  to  be  known as the State Community College of East
26    St. Louis.
27        (b)  (Blank).
28        (c)  The experimental district  shall  be  abolished  and
29    replaced by a new community college district as follows:
30             (1)  The  establishment of the new community college
31        district shall become effective for all purposes on  July
                            -2-                LRB9002542THpk
 1        1,   1996,   notwithstanding   any   minimum  population,
 2        equalized  assessed  valuation  or   other   requirements
 3        provided  by  Section  3-1 or any other provision of this
 4        Act  for  the  establishment  of  a   community   college
 5        district.
 6             (2)  The  experimental district established pursuant
 7        to subsection (a) shall be abolished on July 1, 1996 when
 8        the establishment of the new community  college  district
 9        becomes effective for all purposes.
10             (3)  The  territory  of  the  new  community college
11        district shall be comprised of the territory of, and  its
12        boundaries  shall  be  coterminous with the boundaries of
13        the experimental district which it will replace, as those
14        boundaries existed on November 7, 1995.
15             (4)  Notwithstanding the fact that the establishment
16        of the new community college  district  does  not  become
17        effective  for  all  purposes  until  July  1,  1996, the
18        election for the members of the initial board of the  new
19        community  college  district,  to  consist  of 7 members,
20        shall be held at the nonpartisan election in November  of
21        1995  in the manner provided by the general election law,
22        nominating petitions for members  of  the  initial  board
23        shall  be  filed  with the regional superintendent in the
24        manner provided by Section 3-7.10 with respect  to  newly
25        organized districts, and the persons entitled to nominate
26        and  to vote at the election for the members of the board
27        of the  new  community  college  district  shall  be  the
28        electors in the territory referred to in paragraph (3) of
29        this  subsection.  In addition, for purposes of the levy,
30        extension,  and  collection  of  taxes  as  provided   in
31        paragraph  (5.5) of this subsection and for the  purposes
32        of establishing the territory and boundaries of  the  new
33        community  college  district  within  and for which those
34        taxes  are  to  be  levied,  the  new  community  college
                            -3-                LRB9002542THpk
 1        district shall be deemed established and  effective  when
 2        the  7  members of the initial board of the new community
 3        college district are elected and take office as  provided
 4        in this subsection (c).
 5             (5)  Each member elected to the initial board of the
 6        new  community  college district must, on the date of his
 7        election, be a citizen of the United States, of  the  age
 8        of  18 years or over, and a resident of the State and the
 9        territory referred to in paragraph (3) of this subsection
10        for at least one year preceding his  election.   Election
11        to  the  initial  board  of  the  new  community  college
12        district of a person who on July 1, 1996 is a member of a
13        common school board constitutes his resignation from, and
14        creates  a  vacancy on that common school board effective
15        July 1, 1996.
16             (5.5)  The members first elected  to  the  board  of
17        trustees  shall  take  office  on  the  first  Monday  of
18        December,  1995,  for  the  sole  and limited  purpose of
19        levying,  at  the  rates  specified  in  the  proposition
20        submitted to the electors under subsection (b), taxes for
21        the educational  purposes  and  for  the  operations  and
22        maintenance  of  facilities purposes of the new community
23        college district.  The taxes shall be levied in  calendar
24        year  1995  for extension and collection in calendar year
25        1996, notwithstanding the fact  that  the  new  community
26        college  district  does  not  become  effective  for  the
27        purposes of administration of the community college until
28        July  1, 1996.  The regional superintendent shall convene
29        the meeting under this paragraph and  the  members  shall
30        organize for the purpose of that meeting by electing, pro
31        tempore,  a chairperson and a secretary.  At that meeting
32        the board is authorized to  levy  taxes  for  educational
33        purposes and for operations and maintenance of facilities
34        purposes as authorized in this paragraph without adopting
                            -4-                LRB9002542THpk
 1        any  budget  for  the  new community college district and
 2        shall certify the levy to the appropriate county clerk or
 3        county clerks in accordance with law.  The county  clerks
 4        shall  extend  the  levy  notwithstanding  any  law  that
 5        otherwise  requires adoption of a budget before extension
 6        of the levy.  The funds produced by the levy  made  under
 7        this  paragraph  to  the  extent  received  by  a  county
 8        collector  before  July  1,  1996  shall  immediately  be
 9        invested  in  lawful  investments  and held by the county
10        collector for payment and transfer to the  new  community
11        college  district,  along  with  all  accrued interest or
12        other earnings accrued on the investment, as provided  by
13        law  on July 1, 1996.  All funds produced by the levy and
14        received by a county collector on or after July  1,  1996
15        shall   be  transferred  to  the  new  community  college
16        district as provided by law at  such  time  as  they  are
17        received by the county collector.
18             (5.75)  Notwithstanding  any other provision of this
19        Section  or  the  fact  that  establishment  of  the  new
20        community college district as provided in this subsection
21        does not take effect until  July  1,  1996,  the  members
22        first  elected  to  the  board  of  trustees  of  the new
23        community  college  district  are  authorized  to   meet,
24        beginning on June 1, 1996 and thereafter for purposes of:
25        (i)  arranging  for  and  approving educational programs,
26        ancillary services, staffing, and associated expenditures
27        that relate to the offering by the new community  college
28        district  of  educational  programs beginning on or after
29        July 1, 1996 and before the  fall  term  of  the  1996-97
30        academic   year,  and  (ii)  otherwise  facilitating  the
31        orderly transition of operations  from  the  experimental
32        district  known  as  State  Community College of East St.
33        Louis to the new community college  district  established
34        under  this subsection. The persons elected to serve, pro
                            -5-                LRB9002542THpk
 1        tempore, as chairperson and secretary of  the  board  for
 2        purposes  of  paragraph  (5.5) shall continue to serve in
 3        that capacity for purposes of this paragraph (5.75).
 4             (6)  Except  as  otherwise  provided  in  paragraphs
 5        (5.5) and (5.75), each of the members  first  elected  to
 6        the  board  of  the  new community college district shall
 7        take office on July 1, 1996, and the  Illinois  Community
 8        College Board, publicly by lot and not later than July 1,
 9        1996,  shall determine the length of term to be served by
10        each member of the initial  board  as  follows:  2  shall
11        serve   until   their   successors  are  elected  at  the
12        nonpartisan election in 1997 and have qualified, 2  shall
13        serve   until   their   successors  are  elected  at  the
14        nonpartisan election in 1999 and have  qualified,  and  3
15        shall  serve  until  their  successors are elected at the
16        nonpartisan election in 2001 and have  qualified.   Their
17        successors shall serve 6 year terms.
18             (7)  The  regional  superintendent shall convene the
19        initial board of the new community  college  district  on
20        July 1, 1996, and the non-voting student member initially
21        selected  to  that  board  as  provided in Section 3-7.24
22        shall serve a term beginning on the date of selection and
23        expiring on the next succeeding  April  15.   Upon  being
24        convened  on  July  1,  1996,  the board shall proceed to
25        organize  in  accordance  with  Section  3-8,  and  shall
26        thereafter continue to exercise the powers and duties  of
27        a  board  in the manner provided by law for all boards of
28        community  college  districts  except   where   obviously
29        inapplicable   or   otherwise   provided   by  this  Act.
30        Vacancies  shall  be  filled,  and  members  shall  serve
31        without  compensation  subject   to   reimbursement   for
32        reasonable  expenses  incurred  in  connection with their
33        service as members, as provided in Section 3-7.  The duly
34        elected and organized board of the new community  college
                            -6-                LRB9002542THpk
 1        district  shall  levy  taxes at a rate not to exceed .175
 2        percent for educational purposes and at  a  rate  not  to
 3        exceed  .05  percent  for  operations  and maintenance of
 4        facilities purposes; provided that the board may  act  to
 5        increase  such  rates at a regular election in accordance
 6        with Section 3-14 and the general election law.
 7        (d)  Upon abolition  of  the  experimental  district  and
 8    establishment  of  the  new  community  college  district  as
 9    provided  in  this  Section,  all tangible personal property,
10    including inventory, equipment, supplies, and library  books,
11    materials,  and  collections,  belonging  to the experimental
12    district and State Community College of East St. Louis at the
13    time of their abolition under this Section  shall  be  deemed
14    transferred, by operation of law, to the board of trustees of
15    the  new  community  college district.  In addition, all real
16    property, and the  improvements  situated  thereon,  held  by
17    State Community College of East St. Louis or on its behalf by
18    its   board   of   trustees  shall,  upon  abolition  of  the
19    experimental  district  and  college  as  provided  in   this
20    Section, be conveyed by the Illinois Community College Board,
21    in  the manner prescribed by law, to the board of trustees of
22    the new community college  district  established  under  this
23    Section  for  so  long  as that real property is used for the
24    conduct and operation of a public community college  and  the
25    related  purposes  of  a public community college district of
26    this State.  Neither the new community college  district  nor
27    its  board  of  trustees shall have any responsibility to any
28    vendor or  other  person  making  a  claim  relating  to  the
29    property,  inventory,  or  equipment  so  transferred. On the
30    effective date of this amendatory Act of 1997, the  endowment
31    funds,  gifts,  trust  funds, and funds from student activity
32    fees and the operation  of  student  and  staff  medical  and
33    health programs, union buildings, bookstores, campus centers,
34    and  other  auxiliary  enterprises  and  activities that were
                            -7-                LRB9002542THpk
 1    received by the board of trustees of State Community  College
 2    of  East  St.  Louis  and  held and retained by that board of
 3    trustees at the time of the  abolition  of  the  experimental
 4    district  and  its  replacement  by the new community college
 5    district  as  provided  in  this  Section  shall  be   deemed
 6    transferred  by  operation of law to the board of trustees of
 7    that new community college district, to be  retained  in  its
 8    own  treasury  and  used  in the conduct and operation of the
 9    affairs and related purposes of  the  new  community  college
10    district.
11        (e)  The  outstanding  obligations  incurred  for  fiscal
12    years  prior  to fiscal year 1997 by the board of trustees of
13    State  Community  College  of  East  St.  Louis  before   the
14    abolition  of  that  college and the experimental district as
15    provided in this Section shall be paid  by  the  State  Board
16    from  appropriations made to the State Board from the General
17    Revenue Fund for purposes of this subsection.  To  facilitate
18    the  appropriations  to  be  made for that purpose, the State
19    Comptroller  and  State  Treasurer,  without   delay,   shall
20    transfer to the General Revenue Fund from the State Community
21    College of East St. Louis Income Fund and the State Community
22    College  of East St. Louis Contracts and Grants Fund, special
23    funds previously created in the State Treasury, any  balances
24    remaining  in  those  special  funds on the effective date of
25    this amendatory Act of 1997.
26    (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96.)
27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.

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