Full Text of HB1133 103rd General Assembly
HB1133 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1133 Introduced 1/12/2023, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 110 ILCS 805/3-8 | from Ch. 122, par. 103-8 | 110 ILCS 805/3-10 | from Ch. 122, par. 103-10 | 110 ILCS 805/3-33.6 | from Ch. 122, par. 103-33.6 |
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Amends the Public Community College Act. Provides that the position of secretary of a board of trustees of a community college district may be held by a member of the board. Provides that if the secretary is not a member of the board, the secretary may receive compensation as fixed by the board prior to the election of the secretary. Provides that if a district abolishes its working cash fund, the transfer of any balance must take place at the close of the then current fiscal year. Allows a community college district to abate its working cash fund upon the adoption of a resolution and transfer part of the balance at any time. Provides that if a community college district elects to abolish or abate its working cash fund, it shall have the authority to again create a working cash fund at any time (rather than if a district elects to abolish its working cash fund, it shall not establish another working cash fund unless approved by the voters). Effective immediately.
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| | A BILL FOR |
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| 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 Sections 3-8, 3-10, and 3-33.6 as follows:
| 6 | | (110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
| 7 | | Sec. 3-8. In this Section, "reasonable emergency" means | 8 | | any imminent need to maintain the operations or facilities of | 9 | | the community college district and that such need is due to | 10 | | circumstances beyond the control of the board. | 11 | | Following each election and canvass, the new board shall
| 12 | | hold its organizational meeting on or before the 28th day | 13 | | after the election. If the election is the initial election | 14 | | ordered by the regional superintendent,
the organizational | 15 | | meeting shall be convened by the regional superintendent,
who | 16 | | shall preside over the meeting until the election for | 17 | | chairman, vice
chairman and secretary of board is completed. | 18 | | At all other organizational
meetings, the chairman of the | 19 | | board, or, in his or her absence, the president
of the | 20 | | community college or acting chief executive officer of the | 21 | | college shall
convene the new board, and conduct the election | 22 | | for chairman, vice chairman and
secretary. The secretary may | 23 | | be a member of the board. The secretary, if not a member of the |
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| 1 | | board, may receive such compensation as shall be fixed by the | 2 | | board prior to the election of the secretary. The board shall | 3 | | then proceed with its organization under the newly
elected | 4 | | board officers, and shall fix a time and place for its regular
| 5 | | meetings. It shall then enter upon the discharge of its | 6 | | duties. Public notice of the schedule of regular meetings for | 7 | | the next calendar year, as set at the organizational meeting, | 8 | | must be given at the beginning of that calendar year. The terms | 9 | | of
board office shall be 2 years, except that the board by | 10 | | resolution may
establish a policy for the terms of office to be | 11 | | one year, and provide for the
election of officers for the | 12 | | remaining one year period.
Terms of members are subject to | 13 | | Section 2A-54 of the Election Code.
| 14 | | Beginning 45 days prior to the Tuesday following the first | 15 | | Monday of April in odd-numbered years until the first | 16 | | organizational meeting of the new board, no addendum to modify | 17 | | or amend an employee agreement between a community college | 18 | | district and the district's president, chancellor, or chief | 19 | | executive officer may be agreed to or executed, nor may an | 20 | | employment contract be made and entered into between the board | 21 | | of an established community college district and a president, | 22 | | chancellor, or chief executive officer. If the current board | 23 | | must take such action at any time during the 45 days prior to | 24 | | the Tuesday following the first Monday of April in | 25 | | odd-numbered years until the first organizational meeting of | 26 | | the new board due to a reasonable emergency, then that action |
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| 1 | | shall be terminated on the 60th day after the first | 2 | | organizational meeting, unless the new board, by resolution, | 3 | | reaffirms the agreed-upon addendum or new employment contract. | 4 | | Special meetings of the board may be called by the | 5 | | chairman or by any
3 members of the board by giving notice | 6 | | thereof in writing stating the
time, place and purpose of the | 7 | | meeting. Such notice may be served by
mail 48 hours before the | 8 | | meeting or by personal service 24 hours before
the meeting.
| 9 | | At each regular and special meeting which is open to the | 10 | | public,
members of the public and employees of the community | 11 | | college district shall
be afforded time, subject to reasonable | 12 | | constraints, to comment to or ask
questions of the board.
| 13 | | (Source: P.A. 99-693, eff. 1-1-17 .)
| 14 | | (110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
| 15 | | Sec. 3-10.
The chairman shall preside at all meetings and | 16 | | shall perform
such duties as are imposed upon him or her by law | 17 | | or by action of the board. The
vice-chairman shall perform the | 18 | | duties of the chairman if there is a vacancy in the office of | 19 | | the chairman or in case of the chairman's absence or inability | 20 | | to act. If there is a vacancy in the office of the chairman and
| 21 | | vice-chairman or the chairman and vice-chairman are absent | 22 | | from any meeting or refuse to perform their
duties, a chairman | 23 | | pro tempore shall be appointed by the board from among
their | 24 | | number.
| 25 | | The secretary may be a member of the board and shall |
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| 1 | | perform the duties usually pertaining to his or her office.
| 2 | | The secretary, if not a member of the board, may receive such | 3 | | compensation as shall be fixed by the board prior to the | 4 | | election of the secretary. If the secretary he is absent from | 5 | | any meeting or refuses to perform his or her duties, a member
| 6 | | of the board shall be appointed secretary pro tempore.
| 7 | | (Source: P.A. 100-273, eff. 8-22-17.)
| 8 | | (110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
| 9 | | Sec. 3-33.6. Monies may be transferred from the working | 10 | | cash fund to
the educational fund or operations and | 11 | | maintenance fund only
upon the authority of the board, which | 12 | | shall by resolution direct the
community college treasurer to | 13 | | make such transfers. The resolution shall
set forth (a) the | 14 | | taxes or other funds in anticipation of the collection
or | 15 | | receipt of which the working cash fund is to be reimbursed, (b) | 16 | | the
entire amount of taxes extended, or which the board shall | 17 | | estimate will
be extended or received, for any year in | 18 | | anticipation of the collection
of all or part of which such | 19 | | transfers are to be made, (c) the aggregate
amount of warrants | 20 | | or notes theretofore issued in anticipation of the
collection | 21 | | of such taxes under this Act together with the amount of
| 22 | | interest accrued and which the community college board | 23 | | estimates will
accrue thereon, (d) the amount of monies which | 24 | | the community college
board estimates will be derived for any | 25 | | year from the State, Federal
government or other sources in |
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| 1 | | anticipation of the receipt of all or
part of which such | 2 | | transfer is to be made, (e)
the aggregate amount of receipts | 3 | | from taxes imposed to replace revenue
lost by units of local | 4 | | government and school districts as a result of the
abolition | 5 | | of ad valorem personal property taxes, pursuant to Article IX,
| 6 | | Section 5(c) of the Constitution of the State of Illinois, | 7 | | which the corporate
authorities estimate will be set aside for | 8 | | the payment of the proportionate
amount of debt service and | 9 | | pension or retirement obligations, as required by
Section 12 | 10 | | of "An Act in relation to State Revenue Sharing with local
| 11 | | government entities", approved July 31, 1969, as amended, and | 12 | | (f) the
aggregate amount of monies theretofore transferred | 13 | | from the working cash
fund to the educational fund or | 14 | | operations and maintenance fund in
anticipation of the | 15 | | collection of such taxes or of the receipt of such
other monies | 16 | | from other sources. The amount which the resolution shall
| 17 | | direct the community college treasurer so to transfer in | 18 | | anticipation of
the collection of taxes levied or to be | 19 | | received for any year, together
with the aggregate amount of | 20 | | such anticipation tax warrants or notes
theretofore drawn | 21 | | against such taxes and the amount of the interest
accrued and | 22 | | estimated to accrue thereon,
the amount estimated to be | 23 | | required to satisfy debt service and pension
or retirement | 24 | | obligations, as set forth in Section 12 of "An Act in relation
| 25 | | to State revenue sharing with local government entities", | 26 | | approved July
31, 1969, as amended, and the aggregate amount |
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| 1 | | of such
transfers theretofore made in anticipation of the | 2 | | collection of such
taxes may not exceed 90% of the actual or | 3 | | estimated amount of such taxes
extended or to be extended or to | 4 | | be received as set forth in the
resolution. The amount which | 5 | | the resolution shall direct the community
college treasurer so | 6 | | to transfer in anticipation of the receipt of
monies to be | 7 | | derived for any year from the State, Federal government or
| 8 | | from other sources, together with the aggregate amount | 9 | | theretofore
transferred in anticipation of the receipt of any | 10 | | such monies, may not
exceed the total amount which it is so | 11 | | estimated will be received from
such source. Any community | 12 | | college district may also abolish its working
cash fund upon | 13 | | the adoption of a resolution so providing and directing
the | 14 | | transfer of any balance in such fund to the operating funds at | 15 | | the close of the then current fiscal year or may abate its | 16 | | working cash fund upon the adoption of a resolution so | 17 | | providing and directing the transfer of part of the balance in | 18 | | such fund to the operating funds at any time . If a
community | 19 | | college district elects to abolish or abate its working cash | 20 | | fund under
this provision, it shall have the authority to | 21 | | again create a working cash fund at any time not establish | 22 | | another working cash fund, unless
approved by the voters of | 23 | | the community college district in the manner
provided by | 24 | | Article III of this Act. When monies are available in the
| 25 | | working cash fund, they shall, unless the community college | 26 | | district has
abolished or abated its working cash fund |
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| 1 | | pursuant to this Section, be transferred
to the educational | 2 | | fund and operations and maintenance fund and
disbursed for the | 3 | | payment of salaries and other educational purposes
and | 4 | | operation and maintenance of facilities purposes expenses so | 5 | | as to
avoid, whenever possible, the issuance of tax | 6 | | anticipation warrants.
| 7 | | Monies earned as interest from the investment of the | 8 | | working cash fund,
or any portion thereof, may be transferred | 9 | | from the working cash fund to
the educational fund or | 10 | | operations and maintenance fund of
the district without any | 11 | | requirement of repayment to the working cash fund,
upon the | 12 | | authority of the board by separate resolution directing the
| 13 | | treasurer to make such transfer and stating the purpose | 14 | | therefor.
| 15 | | (Source: P.A. 85-1335.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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