|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning education.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Public Community College Act is amended by | ||||||
5 | changing Section 3-20.3.01 as follows:
| ||||||
6 | (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
| ||||||
7 | Sec. 3-20.3.01. Whenever, as a result of any lawful order | ||||||
8 | of any agency,
other than a local community college board, | ||||||
9 | having authority to enforce any
law or regulation designed for | ||||||
10 | the protection, health or safety of community
college students, | ||||||
11 | employees or visitors, or any law or regulation for the
| ||||||
12 | protection and safety of the environment, pursuant to the | ||||||
13 | "Environmental
Protection Act", any local community college | ||||||
14 | district, including any district
to which Article VII of this | ||||||
15 | Act applies, is required to alter or repair
any physical | ||||||
16 | facilities, or whenever any district determines that it is
| ||||||
17 | necessary for energy conservation, health or safety, | ||||||
18 | environmental
protection or handicapped accessibility purposes | ||||||
19 | that any physical
facilities should be altered or repaired and | ||||||
20 | that such alterations or
repairs will be made with funds not | ||||||
21 | necessary for the completion of
approved and recommended | ||||||
22 | projects for fire prevention and safety, or
whenever after the | ||||||
23 | effective date of this amendatory Act of
1984 any district, |
| |||||||
| |||||||
1 | including any district to which Article VII applies,
provides | ||||||
2 | for alterations or repairs determined by the local community
| ||||||
3 | college board to be necessary for health and safety, | ||||||
4 | environmental
protection, handicapped accessibility or energy | ||||||
5 | conservation purposes, such
district may, by proper resolution | ||||||
6 | which specifically identifies the
project and which is adopted | ||||||
7 | pursuant to the provisions of the Open
Meetings Act, levy a tax | ||||||
8 | for the purpose of paying for such alterations or
repairs, or | ||||||
9 | survey by a licensed architect or engineer, upon the equalized
| ||||||
10 | assessed value of all the taxable property of the district at a | ||||||
11 | rate not to
exceed .05% per year for a period sufficient to | ||||||
12 | finance such alterations or
repairs, upon the following | ||||||
13 | conditions:
| ||||||
14 | (a) When in the judgment of the local community college | ||||||
15 | board of trustees
there are not sufficient funds available in | ||||||
16 | the operations and
maintenance fund of the district to | ||||||
17 | permanently pay for such alterations
or repairs so ordered, | ||||||
18 | determined as necessary.
| ||||||
19 | (b) When a certified estimate of a licensed architect or | ||||||
20 | engineer stating
the estimated amount of not less than $25,000 | ||||||
21 | that is necessary to make
the alterations or repairs so ordered | ||||||
22 | or determined as necessary has been
secured by the local | ||||||
23 | community college district and the project and estimated
amount | ||||||
24 | have been approved by the Executive Director of the State | ||||||
25 | Board.
| ||||||
26 | The filing of a certified copy of the resolution or |
| |||||||
| |||||||
1 | ordinance levying the
tax when accompanied by the certificate | ||||||
2 | of approval of the Executive Director
of the State Board shall | ||||||
3 | be the authority of the county clerk or clerks
to extend such | ||||||
4 | tax; provided, however, that in no event shall the extension
| ||||||
5 | for the current and preceding years, if any, under this Section | ||||||
6 | be greater
than the amount so approved, and interest on bonds | ||||||
7 | issued pursuant to this
Section and in the event such current | ||||||
8 | extension and preceding extensions
exceed such approval and | ||||||
9 | interest, it shall be reduced proportionately.
| ||||||
10 | The county clerk of each of the counties in which any | ||||||
11 | community college
district levying a tax under the authority of | ||||||
12 | this Section is located, in
reducing raised levies, shall not | ||||||
13 | consider any such tax as a part of the
general levy for | ||||||
14 | community college purposes and shall not include the same
in | ||||||
15 | the limitation of any other tax rate which may be extended. | ||||||
16 | Such tax
shall be levied and collected in like manner as all | ||||||
17 | other taxes of
community college districts.
| ||||||
18 | The tax rate limit hereinabove specified in this Section | ||||||
19 | may be increased
to .10% upon the approval of a proposition to | ||||||
20 | effect such increase by a
majority of the electors voting on | ||||||
21 | that proposition at a regular scheduled
election. Such | ||||||
22 | proposition may be initiated by resolution of the local
| ||||||
23 | community college board and shall be certified by the secretary | ||||||
24 | of the
local community college board to the proper election | ||||||
25 | authorities for
submission in accordance with the general | ||||||
26 | election law.
|
| |||||||
| |||||||
1 | Each local community college district authorized to levy | ||||||
2 | any tax pursuant
to this Section may also or in the alternative | ||||||
3 | by proper resolution or
ordinance borrow money for such | ||||||
4 | specifically identified purposes not in
not to exceed the | ||||||
5 | aggregate amount
excess of $4,500,000 during
in the aggregate | ||||||
6 | at any one calendar year
time when
in the judgment
of the local | ||||||
7 | community college board of trustees there are not sufficient
| ||||||
8 | funds available in the operations and maintenance fund of the | ||||||
9 | district to
permanently pay for such alterations or repairs so | ||||||
10 | ordered or determined as
necessary and a certified estimate of | ||||||
11 | a licensed architect or engineer
stating the estimated amount | ||||||
12 | of not less than $25,000 has been secured by
the local | ||||||
13 | community college district and the project and the estimated
| ||||||
14 | amount have been approved by the State Board, and as evidence | ||||||
15 | of such
indebtedness may issue bonds without referendum. Such | ||||||
16 | bonds shall bear
interest at a rate or rates authorized by "An | ||||||
17 | Act to authorize public
corporations to issue bonds, other | ||||||
18 | evidences of indebtedness and tax
anticipation warrants | ||||||
19 | subject to interest rate limitations set forth
therein", | ||||||
20 | approved May 26, 1970, as now or hereafter amended, shall | ||||||
21 | mature
within 20 years from date, and shall be signed by the | ||||||
22 | chairman, secretary
and treasurer of the local community | ||||||
23 | college board.
| ||||||
24 | In order to authorize and issue such bonds the local | ||||||
25 | community college
board shall adopt a resolution fixing the | ||||||
26 | amount of bonds, the date thereof,
the maturities thereof and |
| |||||||
| |||||||
1 | rates of interest thereof, and the board by such
resolution, or | ||||||
2 | in a district to which Article VII applies the city council
| ||||||
3 | upon demand and under the direction of the board by ordinance, | ||||||
4 | shall provide
for the levy and collection of a direct annual | ||||||
5 | tax upon all the taxable
property in the local community | ||||||
6 | college district sufficient to pay the
principal and interest | ||||||
7 | on such bonds to maturity. Upon the filing in the
office of the | ||||||
8 | county clerk of each of the counties in which the community
| ||||||
9 | college district is located of a certified copy of such | ||||||
10 | resolution or
ordinance it is the duty of the county clerk or | ||||||
11 | clerks to extend the tax
therefor without limit as to rate or | ||||||
12 | amount and in addition to and in
excess of all other taxes | ||||||
13 | heretofore or hereafter authorized to be levied
by such | ||||||
14 | community college district.
| ||||||
15 | The State Board shall prepare and enforce regulations and | ||||||
16 | specifications
for minimum requirements for the construction, | ||||||
17 | remodeling or rehabilitation
of heating, ventilating, air | ||||||
18 | conditioning, lighting, seating, water supply,
toilet, | ||||||
19 | handicapped accessibility, fire safety and any other matter | ||||||
20 | that
will conserve, preserve or provide for the protection and | ||||||
21 | the health or
safety of individuals in or on community college | ||||||
22 | property and will conserve
the integrity of the physical | ||||||
23 | facilities of the district.
| ||||||
24 | This Section is cumulative and constitutes complete | ||||||
25 | authority for the
issuance of bonds as provided in this Section | ||||||
26 | notwithstanding any other
statute or law to the contrary.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-468, eff. 8-17-97.)
|