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| [ Senate Amendment 001 ] |
90_HB1180sam002
LRB9002809LDdvam01
1 AMENDMENT TO HOUSE BILL 1180
2 AMENDMENT NO. . Amend House Bill 1180 on page 1,
3 line 2, by replacing "Section" with "Sections 3-20.3.01 and";
4 and
5 on page 1, line 6, by replacing "Section" with "Sections
6 3-20.3.01 and"; and
7 on page 1, by inserting immediately after line 6 the
8 following:
9 "(110 ILCS 805/3-20.3.01) (from Ch. 122, par.
10 103-20.3.01)
11 Sec. 3-20.3.01. Whenever, as a result of any lawful
12 order of any agency, other than a local community college
13 board, having authority to enforce any law or regulation
14 designed for the protection, health or safety of community
15 college students, employees or visitors, or any law or
16 regulation for the protection and safety of the environment,
17 pursuant to the "Environmental Protection Act", any local
18 community college district, including any district to which
19 Article VII of this Act applies, is required to alter or
20 repair any physical facilities, or whenever any district
21 determines that it is necessary for energy conservation,
22 health or safety, environmental protection or handicapped
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1 accessibility purposes that any physical facilities should be
2 altered or repaired and that such alterations or repairs will
3 be made with funds not necessary for the completion of
4 approved and recommended projects for fire prevention and
5 safety, or whenever after the effective date of this
6 amendatory Act of 1984 any district, including any district
7 to which Article VII applies, provides for alterations or
8 repairs determined by the local community college board to be
9 necessary for health and safety, environmental protection,
10 handicapped accessibility or energy conservation purposes,
11 such district may, by proper resolution which specifically
12 identifies the project and which is adopted pursuant to the
13 provisions of the Open Meetings Act, levy a tax for the
14 purpose of paying for such alterations or repairs, or survey
15 by a licensed architect or engineer, upon the equalized
16 assessed value of all the taxable property of the district at
17 a rate not to exceed .05% per year for a period sufficient to
18 finance such alterations or repairs, upon the following
19 conditions:
20 (a) When in the judgment of the local community college
21 board of trustees there are not sufficient funds available in
22 the operations and maintenance fund of the district to
23 permanently pay for such alterations or repairs so ordered,
24 determined as necessary.
25 (b) When a certified estimate of a licensed architect or
26 engineer stating the estimated amount of not less than
27 $25,000 that is necessary to make the alterations or repairs
28 so ordered or determined as necessary has been secured by the
29 local community college district and the project and
30 estimated amount have been approved by the Executive Director
31 of the State Board.
32 The filing of a certified copy of the resolution or
33 ordinance levying the tax when accompanied by the certificate
34 of approval of the Executive Director of the State Board
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1 shall be the authority of the county clerk or clerks to
2 extend such tax; provided, however, that in no event shall
3 the extension for the current and preceding years, if any,
4 under this Section be greater than the amount so approved,
5 and interest on bonds issued pursuant to this Section and in
6 the event such current extension and preceding extensions
7 exceed such approval and interest, it shall be reduced
8 proportionately.
9 The county clerk of each of the counties in which any
10 community college district levying a tax under the authority
11 of this Section is located, in reducing raised levies, shall
12 not consider any such tax as a part of the general levy for
13 community college purposes and shall not include the same in
14 the limitation of any other tax rate which may be extended.
15 Such tax shall be levied and collected in like manner as all
16 other taxes of community college districts.
17 The tax rate limit hereinabove specified in this Section
18 may be increased to .10% upon the approval of a proposition
19 to effect such increase by a majority of the electors voting
20 on that proposition at a regular scheduled election. Such
21 proposition may be initiated by resolution of the local
22 community college board and shall be certified by the
23 secretary of the local community college board to the proper
24 election authorities for submission in accordance with the
25 general election law.
26 Each local community college district authorized to levy
27 any tax pursuant to this Section may also or in the
28 alternative by proper resolution or ordinance borrow money
29 for such specifically identified purposes not in excess of
30 $4,500,000 $1,500,000 in the aggregate at any one time when
31 in the judgment of the local community college board of
32 trustees there are not sufficient funds available in the
33 operations and maintenance fund of the district to
34 permanently pay for such alterations or repairs so ordered or
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1 determined as necessary and a certified estimate of a
2 licensed architect or engineer stating the estimated amount
3 of not less than $25,000 has been secured by the local
4 community college district and the project and the estimated
5 amount have been approved by the State Board, and as evidence
6 of such indebtedness may issue bonds without referendum.
7 Such bonds shall bear interest at a rate or rates authorized
8 by "An Act to authorize public corporations to issue bonds,
9 other evidences of indebtedness and tax anticipation warrants
10 subject to interest rate limitations set forth therein",
11 approved May 26, 1970, as now or hereafter amended, shall
12 mature within 20 years from date, and shall be signed by the
13 chairman, secretary and treasurer of the local community
14 college board.
15 In order to authorize and issue such bonds the local
16 community college board shall adopt a resolution fixing the
17 amount of bonds, the date thereof, the maturities thereof and
18 rates of interest thereof, and the board by such resolution,
19 or in a district to which Article VII applies the city
20 council upon demand and under the direction of the board by
21 ordinance, shall provide for the levy and collection of a
22 direct annual tax upon all the taxable property in the local
23 community college district sufficient to pay the principal
24 and interest on such bonds to maturity. Upon the filing in
25 the office of the county clerk of each of the counties in
26 which the community college district is located of a
27 certified copy of such resolution or ordinance it is the duty
28 of the county clerk or clerks to extend the tax therefor
29 without limit as to rate or amount and in addition to and in
30 excess of all other taxes heretofore or hereafter authorized
31 to be levied by such community college district.
32 The State Board shall prepare and enforce regulations and
33 specifications for minimum requirements for the construction,
34 remodeling or rehabilitation of heating, ventilating, air
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1 conditioning, lighting, seating, water supply, toilet,
2 handicapped accessibility, fire safety and any other matter
3 that will conserve, preserve or provide for the protection
4 and the health or safety of individuals in or on community
5 college property and will conserve the integrity of the
6 physical facilities of the district.
7 This Section is cumulative and constitutes complete
8 authority for the issuance of bonds as provided in this
9 Section notwithstanding any other statute or law to the
10 contrary.
11 (Source: P.A. 85-1335.)".