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90_HB0550
110 ILCS 805/3-20.3.01 from Ch. 122, par. 103-20.3.01
Amends the Public Community College Act. Deletes the
$1,500,000 limit on amounts a local community college
district can borrow for alterations or repairs necessary for
energy conservation, health or safety, environmental
protection, or handicapped accessibility.
LRB9001524KDks
LRB9001524KDks
1 AN ACT to amend the Public Community College Act by
2 changing Section 3-20.3.01.
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 3-20.3.01 as follows:
7 (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
8 Sec. 3-20.3.01. Whenever, as a result of any lawful
9 order of any agency, other than a local community college
10 board, having authority to enforce any law or regulation
11 designed for the protection, health or safety of community
12 college students, employees or visitors, or any law or
13 regulation for the protection and safety of the environment,
14 pursuant to the "Environmental Protection Act", any local
15 community college district, including any district to which
16 Article VII of this Act applies, is required to alter or
17 repair any physical facilities, or whenever any district
18 determines that it is necessary for energy conservation,
19 health or safety, environmental protection or handicapped
20 accessibility purposes that any physical facilities should be
21 altered or repaired and that such alterations or repairs will
22 be made with funds not necessary for the completion of
23 approved and recommended projects for fire prevention and
24 safety, or whenever after the effective date of this
25 amendatory Act of 1984 any district, including any district
26 to which Article VII applies, provides for alterations or
27 repairs determined by the local community college board to be
28 necessary for health and safety, environmental protection,
29 handicapped accessibility or energy conservation purposes,
30 such district may, by proper resolution which specifically
31 identifies the project and which is adopted pursuant to the
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1 provisions of the Open Meetings Act, levy a tax for the
2 purpose of paying for such alterations or repairs, or survey
3 by a licensed architect or engineer, upon the equalized
4 assessed value of all the taxable property of the district at
5 a rate not to exceed .05% per year for a period sufficient to
6 finance such alterations or repairs, upon the following
7 conditions:
8 (a) When in the judgment of the local community college
9 board of trustees there are not sufficient funds available in
10 the operations and maintenance fund of the district to
11 permanently pay for such alterations or repairs so ordered,
12 determined as necessary.
13 (b) When a certified estimate of a licensed architect or
14 engineer stating the estimated amount of not less than
15 $25,000 that is necessary to make the alterations or repairs
16 so ordered or determined as necessary has been secured by the
17 local community college district and the project and
18 estimated amount have been approved by the Executive Director
19 of the State Board.
20 The filing of a certified copy of the resolution or
21 ordinance levying the tax when accompanied by the certificate
22 of approval of the Executive Director of the State Board
23 shall be the authority of the county clerk or clerks to
24 extend such tax; provided, however, that in no event shall
25 the extension for the current and preceding years, if any,
26 under this Section be greater than the amount so approved,
27 and interest on bonds issued pursuant to this Section and in
28 the event such current extension and preceding extensions
29 exceed such approval and interest, it shall be reduced
30 proportionately.
31 The county clerk of each of the counties in which any
32 community college district levying a tax under the authority
33 of this Section is located, in reducing raised levies, shall
34 not consider any such tax as a part of the general levy for
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1 community college purposes and shall not include the same in
2 the limitation of any other tax rate which may be extended.
3 Such tax shall be levied and collected in like manner as all
4 other taxes of community college districts.
5 The tax rate limit hereinabove specified in this Section
6 may be increased to .10% upon the approval of a proposition
7 to effect such increase by a majority of the electors voting
8 on that proposition at a regular scheduled election. Such
9 proposition may be initiated by resolution of the local
10 community college board and shall be certified by the
11 secretary of the local community college board to the proper
12 election authorities for submission in accordance with the
13 general election law.
14 Each local community college district authorized to levy
15 any tax pursuant to this Section may also or in the
16 alternative by proper resolution or ordinance borrow money
17 for such specifically identified purposes not in excess of
18 $1,500,000 in the aggregate at any one time when in the
19 judgment of the local community college board of trustees
20 there are not sufficient funds available in the operations
21 and maintenance fund of the district to permanently pay for
22 such alterations or repairs so ordered or determined as
23 necessary and a certified estimate of a licensed architect or
24 engineer stating the estimated amount of not less than
25 $25,000 has been secured by the local community college
26 district and the project and the estimated amount have been
27 approved by the State Board, and as evidence of such
28 indebtedness may issue bonds without referendum. Such bonds
29 shall bear interest at a rate or rates authorized by "An Act
30 to authorize public corporations to issue bonds, other
31 evidences of indebtedness and tax anticipation warrants
32 subject to interest rate limitations set forth therein",
33 approved May 26, 1970, as now or hereafter amended, shall
34 mature within 20 years from date, and shall be signed by the
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1 chairman, secretary and treasurer of the local community
2 college board.
3 In order to authorize and issue such bonds the local
4 community college board shall adopt a resolution fixing the
5 amount of bonds, the date thereof, the maturities thereof and
6 rates of interest thereof, and the board by such resolution,
7 or in a district to which Article VII applies the city
8 council upon demand and under the direction of the board by
9 ordinance, shall provide for the levy and collection of a
10 direct annual tax upon all the taxable property in the local
11 community college district sufficient to pay the principal
12 and interest on such bonds to maturity. Upon the filing in
13 the office of the county clerk of each of the counties in
14 which the community college district is located of a
15 certified copy of such resolution or ordinance it is the duty
16 of the county clerk or clerks to extend the tax therefor
17 without limit as to rate or amount and in addition to and in
18 excess of all other taxes heretofore or hereafter authorized
19 to be levied by such community college district.
20 The State Board shall prepare and enforce regulations and
21 specifications for minimum requirements for the construction,
22 remodeling or rehabilitation of heating, ventilating, air
23 conditioning, lighting, seating, water supply, toilet,
24 handicapped accessibility, fire safety and any other matter
25 that will conserve, preserve or provide for the protection
26 and the health or safety of individuals in or on community
27 college property and will conserve the integrity of the
28 physical facilities of the district.
29 This Section is cumulative and constitutes complete
30 authority for the issuance of bonds as provided in this
31 Section notwithstanding any other statute or law to the
32 contrary.
33 (Source: P.A. 85-1335.)