Illinois 2023-2024 Regular Session

Illinois House Bill HB1133 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0278
2	1		HB1133 EnrolledLRB103 05030 RJT 50043 b HB1133 Enrolled LRB103 05030 RJT 50043 b
3	2		HB1133 Enrolled LRB103 05030 RJT 50043 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5.The Public Community College Act is amended by
8		-	changing Sections 3-8, 3-10, and 3-33.6 and by adding Section
9		-	3-33.6a as follows:
10		-	(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
11		-	Sec. 3-8. In this Section, "reasonable emergency" means
12		-	any imminent need to maintain the operations or facilities of
13		-	the community college district and that such need is due to
14		-	circumstances beyond the control of the board.
15		-	Following each election and canvass, the new board shall
16		-	hold its organizational meeting on or before the 28th day
17		-	after the election. If the election is the initial election
18		-	ordered by the regional superintendent, the organizational
19		-	meeting shall be convened by the regional superintendent, who
20		-	shall preside over the meeting until the election for
21		-	chairman, vice chairman and secretary of board is completed.
22		-	At all other organizational meetings, the chairman of the
23		-	board, or, in his or her absence, the president of the
24		-	community college or acting chief executive officer of the
25		-	college shall convene the new board, and conduct the election
26		-	for chairman, vice chairman and secretary. The chairman and
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5.The Public Community College Act is amended by
	7	+	5 changing Sections 3-8, 3-10, and 3-33.6 and by adding Section
	8	+	6 3-33.6a as follows:
	9	+	7 (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
	10	+	8 Sec. 3-8. In this Section, "reasonable emergency" means
	11	+	9 any imminent need to maintain the operations or facilities of
	12	+	10 the community college district and that such need is due to
	13	+	11 circumstances beyond the control of the board.
	14	+	12 Following each election and canvass, the new board shall
	15	+	13 hold its organizational meeting on or before the 28th day
	16	+	14 after the election. If the election is the initial election
	17	+	15 ordered by the regional superintendent, the organizational
	18	+	16 meeting shall be convened by the regional superintendent, who
	19	+	17 shall preside over the meeting until the election for
	20	+	18 chairman, vice chairman and secretary of board is completed.
	21	+	19 At all other organizational meetings, the chairman of the
	22	+	20 board, or, in his or her absence, the president of the
	23	+	21 community college or acting chief executive officer of the
	24	+	22 college shall convene the new board, and conduct the election
	25	+	23 for chairman, vice chairman and secretary. The chairman and
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33		-	vice chairman elected by the board shall be members of the
34		-	board, but the secretary elected by the board may be either a
35		-	member of the board or not a member of the board, as determined
36		-	by the board. The secretary, if not a member of the board, may
37		-	receive such compensation as shall be fixed by the board prior
38		-	to the election of the secretary. The board shall then proceed
39		-	with its organization under the newly elected board officers,
40		-	and shall fix a time and place for its regular meetings. It
41		-	shall then enter upon the discharge of its duties. Public
42		-	notice of the schedule of regular meetings for the next
43		-	calendar year, as set at the organizational meeting, must be
44		-	given at the beginning of that calendar year. The terms of
45		-	board office shall be 2 years, except that the board by
46		-	resolution may establish a policy for the terms of office to be
47		-	one year, and provide for the election of officers for the
48		-	remaining one year period. Terms of members are subject to
49		-	Section 2A-54 of the Election Code.
50		-	Beginning 45 days prior to the Tuesday following the first
51		-	Monday of April in odd-numbered years until the first
52		-	organizational meeting of the new board, no addendum to modify
53		-	or amend an employee agreement between a community college
54		-	district and the district's president, chancellor, or chief
55		-	executive officer may be agreed to or executed, nor may an
56		-	employment contract be made and entered into between the board
57		-	of an established community college district and a president,
58		-	chancellor, or chief executive officer. If the current board
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	34	+	1 vice chairman elected by the board shall be members of the
	35	+	2 board, but the secretary elected by the board may be either a
	36	+	3 member of the board or not a member of the board, as determined
	37	+	4 by the board. The secretary, if not a member of the board, may
	38	+	5 receive such compensation as shall be fixed by the board prior
	39	+	6 to the election of the secretary. The board shall then proceed
	40	+	7 with its organization under the newly elected board officers,
	41	+	8 and shall fix a time and place for its regular meetings. It
	42	+	9 shall then enter upon the discharge of its duties. Public
	43	+	10 notice of the schedule of regular meetings for the next
	44	+	11 calendar year, as set at the organizational meeting, must be
	45	+	12 given at the beginning of that calendar year. The terms of
	46	+	13 board office shall be 2 years, except that the board by
	47	+	14 resolution may establish a policy for the terms of office to be
	48	+	15 one year, and provide for the election of officers for the
	49	+	16 remaining one year period. Terms of members are subject to
	50	+	17 Section 2A-54 of the Election Code.
	51	+	18 Beginning 45 days prior to the Tuesday following the first
	52	+	19 Monday of April in odd-numbered years until the first
	53	+	20 organizational meeting of the new board, no addendum to modify
	54	+	21 or amend an employee agreement between a community college
	55	+	22 district and the district's president, chancellor, or chief
	56	+	23 executive officer may be agreed to or executed, nor may an
	57	+	24 employment contract be made and entered into between the board
	58	+	25 of an established community college district and a president,
	59	+	26 chancellor, or chief executive officer. If the current board
59	60
60	61
61		-	must take such action at any time during the 45 days prior to
62		-	the Tuesday following the first Monday of April in
63		-	odd-numbered years until the first organizational meeting of
64		-	the new board due to a reasonable emergency, then that action
65		-	shall be terminated on the 60th day after the first
66		-	organizational meeting, unless the new board, by resolution,
67		-	reaffirms the agreed-upon addendum or new employment contract.
68		-	Special meetings of the board may be called by the
69		-	chairman or by any 3 members of the board by giving notice
70		-	thereof in writing stating the time, place and purpose of the
71		-	meeting. Such notice may be served by mail 48 hours before the
72		-	meeting or by personal service 24 hours before the meeting.
73		-	At each regular and special meeting which is open to the
74		-	public, members of the public and employees of the community
75		-	college district shall be afforded time, subject to reasonable
76		-	constraints, to comment to or ask questions of the board.
77		-	(Source: P.A. 99-693, eff. 1-1-17.)
78		-	(110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
79		-	Sec. 3-10. The chairman shall preside at all meetings and
80		-	shall perform such duties as are imposed upon him or her by law
81		-	or by action of the board. The vice-chairman shall perform the
82		-	duties of the chairman if there is a vacancy in the office of
83		-	the chairman or in case of the chairman's absence or inability
84		-	to act. If there is a vacancy in the office of the chairman and
85		-	vice-chairman or the chairman and vice-chairman are absent
86	62
87	63
88		-	from any meeting or refuse to perform their duties, a chairman
89		-	pro tempore shall be appointed by the board from among their
90		-	number.
91		-	The secretary may be a member of the board and shall
92		-	perform the duties usually pertaining to his or her office.
93		-	The secretary, if not a member of the board, may receive such
94		-	compensation as shall be fixed by the board prior to the
95		-	election of the secretary. If the secretary he is absent from
96		-	any meeting or refuses to perform his or her duties, a member
97		-	of the board shall be appointed secretary pro tempore.
98		-	(Source: P.A. 100-273, eff. 8-22-17.)
99		-	(110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
100		-	Sec. 3-33.6. Monies in the working cash fund may be used
101		-	for any and all community college purposes and may be
102		-	transferred in whole or in part from the working cash fund to
103		-	the educational fund or operations and maintenance fund only
104		-	upon the authority of the board, which shall by resolution
105		-	direct the community college treasurer to make such transfers.
106		-	The resolution shall set forth (a) the taxes or other funds in
107		-	anticipation of the collection or receipt of which the working
108		-	cash fund is to be reimbursed, (b) the entire amount of taxes
109		-	extended, or which the board shall estimate will be extended
110		-	or received, for any year in anticipation of the collection of
111		-	all or part of which such transfers are to be made, (c) the
112		-	aggregate amount of warrants or notes theretofore issued in
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115		-	anticipation of the collection of such taxes under this Act
116		-	together with the amount of interest accrued and which the
117		-	community college board estimates will accrue thereon, (d) the
118		-	amount of monies which the community college board estimates
119		-	will be derived for any year from the State, Federal
120		-	government or other sources in anticipation of the receipt of
121		-	all or part of which such transfer is to be made, (e) the
122		-	aggregate amount of receipts from taxes imposed to replace
123		-	revenue lost by units of local government and school districts
124		-	as a result of the abolition of ad valorem personal property
125		-	taxes, pursuant to Article IX, Section 5(c) of the
126		-	Constitution of the State of Illinois, which the corporate
127		-	authorities estimate will be set aside for the payment of the
128		-	proportionate amount of debt service and pension or retirement
129		-	obligations, as required by Section 12 of "An Act in relation
130		-	to State Revenue Sharing with local government entities",
131		-	approved July 31, 1969, as amended, and (f) the aggregate
132		-	amount of monies theretofore transferred from the working cash
133		-	fund to the educational fund or operations and maintenance
134		-	fund in anticipation of the collection of such taxes or of the
135		-	receipt of such other monies from other sources. The amount
136		-	which the resolution shall direct the community college
137		-	treasurer so to transfer in anticipation of the collection of
138		-	taxes levied or to be received for any year, together with the
139		-	aggregate amount of such anticipation tax warrants or notes
140		-	theretofore drawn against such taxes and the amount of the
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	70	+	1 must take such action at any time during the 45 days prior to
	71	+	2 the Tuesday following the first Monday of April in
	72	+	3 odd-numbered years until the first organizational meeting of
	73	+	4 the new board due to a reasonable emergency, then that action
	74	+	5 shall be terminated on the 60th day after the first
	75	+	6 organizational meeting, unless the new board, by resolution,
	76	+	7 reaffirms the agreed-upon addendum or new employment contract.
	77	+	8 Special meetings of the board may be called by the
	78	+	9 chairman or by any 3 members of the board by giving notice
	79	+	10 thereof in writing stating the time, place and purpose of the
	80	+	11 meeting. Such notice may be served by mail 48 hours before the
	81	+	12 meeting or by personal service 24 hours before the meeting.
	82	+	13 At each regular and special meeting which is open to the
	83	+	14 public, members of the public and employees of the community
	84	+	15 college district shall be afforded time, subject to reasonable
	85	+	16 constraints, to comment to or ask questions of the board.
	86	+	17 (Source: P.A. 99-693, eff. 1-1-17.)
	87	+	18 (110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
	88	+	19 Sec. 3-10. The chairman shall preside at all meetings and
	89	+	20 shall perform such duties as are imposed upon him or her by law
	90	+	21 or by action of the board. The vice-chairman shall perform the
	91	+	22 duties of the chairman if there is a vacancy in the office of
	92	+	23 the chairman or in case of the chairman's absence or inability
	93	+	24 to act. If there is a vacancy in the office of the chairman and
	94	+	25 vice-chairman or the chairman and vice-chairman are absent
141	95
142	96
143		-	interest accrued and estimated to accrue thereon, the amount
144		-	estimated to be required to satisfy debt service and pension
145		-	or retirement obligations, as set forth in Section 12 of "An
146		-	Act in relation to State revenue sharing with local government
147		-	entities", approved July 31, 1969, as amended, and the
148		-	aggregate amount of such transfers theretofore made in
149		-	anticipation of the collection of such taxes may not exceed
150		-	90% of the actual or estimated amount of such taxes extended or
151		-	to be extended or to be received as set forth in the
152		-	resolution. The amount which the resolution shall direct the
153		-	community college treasurer so to transfer in anticipation of
154		-	the receipt of monies to be derived for any year from the
155		-	State, Federal government or from other sources, together with
156		-	the aggregate amount theretofore transferred in anticipation
157		-	of the receipt of any such monies, may not exceed the total
158		-	amount which it is so estimated will be received from such
159		-	source. Any community college district may also abolish its
160		-	working cash fund upon the adoption of a resolution so
161		-	providing and directing the transfer of any balance in such
162		-	fund to the operating funds at the close of the then-current
163		-	fiscal year or may abate its working cash fund upon the
164		-	adoption of a resolution so providing and directing the
165		-	transfer of part of the balance in such fund to the operating
166		-	funds at any time. If a community college district elects to
167		-	abolish or abate its working cash fund under this provision,
168		-	it shall have the authority to increase or again create a
169	97
170	98
171		-	working cash fund at any time not establish another working
172		-	cash fund, unless approved by the voters of the community
173		-	college district in the manner provided by Article III of this
174		-	Act. When monies are available in the working cash fund, they
175		-	shall, unless the community college district has abolished or
176		-	abated its working cash fund pursuant to this Section, be
177		-	transferred to the educational fund and operations and
178		-	maintenance fund and disbursed for the payment of salaries and
179		-	other educational purposes and operation and maintenance of
180		-	facilities purposes expenses so as to avoid, whenever
181		-	possible, the issuance of tax anticipation warrants.
182		-	Monies earned as interest from the investment of the
183		-	working cash fund, or any portion thereof, may be transferred
184		-	from the working cash fund to the educational fund or
185		-	operations and maintenance fund of the district without any
186		-	requirement of repayment to the working cash fund, upon the
187		-	authority of the board by separate resolution directing the
188		-	treasurer to make such transfer and stating the purpose
189		-	therefor.
190		-	(Source: P.A. 85-1335.)
191		-	(110 ILCS 805/3-33.6a new)
192		-	Sec. 3-33.6a. Abatement of working cash fund. A community
193		-	college district may abate its working cash fund at any time,
194		-	upon the adoption of a resolution so providing, and may direct
195		-	the transfer at any time of moneys in that fund to any fund or
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196	101
197	102
198		-	funds of the district most in need of the money, provided that
199		-	the district maintains an amount to the credit of the working
200		-	cash fund, including amounts transferred pursuant to Section
201		-	3-33.6 and to be reimbursed to the working cash fund, at least
202		-	equal to 0.05% of the then-current value, as equalized or
203		-	assessed by the Department of Revenue, of the taxable property
204		-	in the district. If necessary to effectuate the abatement, any
205		-	outstanding loans to other funds of the district may be paid or
206		-	become payable to the fund or funds to which the abatement is
207		-	made.
208		-	Section 99. Effective date. This Act takes effect upon
209		-	becoming law.
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	105	+	1 from any meeting or refuse to perform their duties, a chairman
	106	+	2 pro tempore shall be appointed by the board from among their
	107	+	3 number.
	108	+	4 The secretary may be a member of the board and shall
	109	+	5 perform the duties usually pertaining to his or her office.
	110	+	6 The secretary, if not a member of the board, may receive such
	111	+	7 compensation as shall be fixed by the board prior to the
	112	+	8 election of the secretary. If the secretary he is absent from
	113	+	9 any meeting or refuses to perform his or her duties, a member
	114	+	10 of the board shall be appointed secretary pro tempore.
	115	+	11 (Source: P.A. 100-273, eff. 8-22-17.)
	116	+	12 (110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
	117	+	13 Sec. 3-33.6. Monies in the working cash fund may be used
	118	+	14 for any and all community college purposes and may be
	119	+	15 transferred in whole or in part from the working cash fund to
	120	+	16 the educational fund or operations and maintenance fund only
	121	+	17 upon the authority of the board, which shall by resolution
	122	+	18 direct the community college treasurer to make such transfers.
	123	+	19 The resolution shall set forth (a) the taxes or other funds in
	124	+	20 anticipation of the collection or receipt of which the working
	125	+	21 cash fund is to be reimbursed, (b) the entire amount of taxes
	126	+	22 extended, or which the board shall estimate will be extended
	127	+	23 or received, for any year in anticipation of the collection of
	128	+	24 all or part of which such transfers are to be made, (c) the
	129	+	25 aggregate amount of warrants or notes theretofore issued in
	130	+
	131	+
	132	+
	133	+
	134	+
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	140	+	1 anticipation of the collection of such taxes under this Act
	141	+	2 together with the amount of interest accrued and which the
	142	+	3 community college board estimates will accrue thereon, (d) the
	143	+	4 amount of monies which the community college board estimates
	144	+	5 will be derived for any year from the State, Federal
	145	+	6 government or other sources in anticipation of the receipt of
	146	+	7 all or part of which such transfer is to be made, (e) the
	147	+	8 aggregate amount of receipts from taxes imposed to replace
	148	+	9 revenue lost by units of local government and school districts
	149	+	10 as a result of the abolition of ad valorem personal property
	150	+	11 taxes, pursuant to Article IX, Section 5(c) of the
	151	+	12 Constitution of the State of Illinois, which the corporate
	152	+	13 authorities estimate will be set aside for the payment of the
	153	+	14 proportionate amount of debt service and pension or retirement
	154	+	15 obligations, as required by Section 12 of "An Act in relation
	155	+	16 to State Revenue Sharing with local government entities",
	156	+	17 approved July 31, 1969, as amended, and (f) the aggregate
	157	+	18 amount of monies theretofore transferred from the working cash
	158	+	19 fund to the educational fund or operations and maintenance
	159	+	20 fund in anticipation of the collection of such taxes or of the
	160	+	21 receipt of such other monies from other sources. The amount
	161	+	22 which the resolution shall direct the community college
	162	+	23 treasurer so to transfer in anticipation of the collection of
	163	+	24 taxes levied or to be received for any year, together with the
	164	+	25 aggregate amount of such anticipation tax warrants or notes
	165	+	26 theretofore drawn against such taxes and the amount of the
	166	+
	167	+
	168	+
	169	+
	170	+
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	173	+
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	176	+	1 interest accrued and estimated to accrue thereon, the amount
	177	+	2 estimated to be required to satisfy debt service and pension
	178	+	3 or retirement obligations, as set forth in Section 12 of "An
	179	+	4 Act in relation to State revenue sharing with local government
	180	+	5 entities", approved July 31, 1969, as amended, and the
	181	+	6 aggregate amount of such transfers theretofore made in
	182	+	7 anticipation of the collection of such taxes may not exceed
	183	+	8 90% of the actual or estimated amount of such taxes extended or
	184	+	9 to be extended or to be received as set forth in the
	185	+	10 resolution. The amount which the resolution shall direct the
	186	+	11 community college treasurer so to transfer in anticipation of
	187	+	12 the receipt of monies to be derived for any year from the
	188	+	13 State, Federal government or from other sources, together with
	189	+	14 the aggregate amount theretofore transferred in anticipation
	190	+	15 of the receipt of any such monies, may not exceed the total
	191	+	16 amount which it is so estimated will be received from such
	192	+	17 source. Any community college district may also abolish its
	193	+	18 working cash fund upon the adoption of a resolution so
	194	+	19 providing and directing the transfer of any balance in such
	195	+	20 fund to the operating funds at the close of the then-current
	196	+	21 fiscal year or may abate its working cash fund upon the
	197	+	22 adoption of a resolution so providing and directing the
	198	+	23 transfer of part of the balance in such fund to the operating
	199	+	24 funds at any time. If a community college district elects to
	200	+	25 abolish or abate its working cash fund under this provision,
	201	+	26 it shall have the authority to increase or again create a
	202	+
	203	+
	204	+
	205	+
	206	+
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	212	+	1 working cash fund at any time not establish another working
	213	+	2 cash fund, unless approved by the voters of the community
	214	+	3 college district in the manner provided by Article III of this
	215	+	4 Act. When monies are available in the working cash fund, they
	216	+	5 shall, unless the community college district has abolished or
	217	+	6 abated its working cash fund pursuant to this Section, be
	218	+	7 transferred to the educational fund and operations and
	219	+	8 maintenance fund and disbursed for the payment of salaries and
	220	+	9 other educational purposes and operation and maintenance of
	221	+	10 facilities purposes expenses so as to avoid, whenever
	222	+	11 possible, the issuance of tax anticipation warrants.
	223	+	12 Monies earned as interest from the investment of the
	224	+	13 working cash fund, or any portion thereof, may be transferred
	225	+	14 from the working cash fund to the educational fund or
	226	+	15 operations and maintenance fund of the district without any
	227	+	16 requirement of repayment to the working cash fund, upon the
	228	+	17 authority of the board by separate resolution directing the
	229	+	18 treasurer to make such transfer and stating the purpose
	230	+	19 therefor.
	231	+	20 (Source: P.A. 85-1335.)
	232	+	21 (110 ILCS 805/3-33.6a new)
	233	+	22 Sec. 3-33.6a. Abatement of working cash fund. A community
	234	+	23 college district may abate its working cash fund at any time,
	235	+	24 upon the adoption of a resolution so providing, and may direct
	236	+	25 the transfer at any time of moneys in that fund to any fund or
	237	+
	238	+
	239	+
	240	+
	241	+
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	243	+
	244	+
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	247	+	1 funds of the district most in need of the money, provided that
	248	+	2 the district maintains an amount to the credit of the working
	249	+	3 cash fund, including amounts transferred pursuant to Section
	250	+	4 3-33.6 and to be reimbursed to the working cash fund, at least
	251	+	5 equal to 0.05% of the then-current value, as equalized or
	252	+	6 assessed by the Department of Revenue, of the taxable property
	253	+	7 in the district. If necessary to effectuate the abatement, any
	254	+	8 outstanding loans to other funds of the district may be paid or
	255	+	9 become payable to the fund or funds to which the abatement is
	256	+	10 made.
	257	+	11 Section 99. Effective date. This Act takes effect upon
	258	+	12 becoming law.
	259	+
	260	+
	261	+
	262	+
	263	+
	264	+	HB1133 Enrolled - 8 - LRB103 05030 RJT 50043 b