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90_HB1197
110 ILCS 805/2-12.1 from Ch. 122, par. 102-12.1
Amends the Public Community College Act. Provides that
certain endowment, auxiliary, and activity funds and fees
held and retained by State Community College of East St.
Louis at the time of its abolition are deemed transferred by
operation of law to the board of trustees of a new community
college district, to be retained by that board in its own
treasury and used for the affairs and purposes of the new
community college district. Requires the Illinois Community
College Board to pay, from appropriations made to it from the
General Revenue Fund, the outstanding obligations incurred
for fiscal years prior to fiscal year 1997 by the board of
trustees of State Community College of East St. Louis.
Requires the State Comptroller and State Treasurer to
transfer to the General Revenue Fund the balances remaining
in the State Community College of East St. Louis Income Fund
and the State Community College of East St. Louis Contracts
and Grants Fund. Effective immediately.
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1 AN ACT to amend the Public Community College Act by
2 changing Section 2-12.1.
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 2-12.1 as follows:
7 (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
8 Sec. 2-12.1. Experimental district; abolition of
9 experimental district and establishment of new community
10 college district.
11 (a) The State Board shall establish an experimental
12 community college district, referred to in this Act as the
13 "experimental district", to be comprised of territory which
14 includes the City of East St. Louis, Illinois. The State
15 Board shall determine the area and fix the boundaries of the
16 territory of the experimental district. Within 30 days of the
17 establishment of the experimental district, the State Board
18 shall file with the county clerk of the county, or counties,
19 concerned a map showing the territory of the experimental
20 district.
21 Within the experimental district, the State Board shall
22 establish, maintain and operate, until the experimental
23 district is abolished and a new community college district is
24 established under subsection (c), an experimental community
25 college to be known as the State Community College of East
26 St. Louis.
27 (b) (Blank).
28 (c) The experimental district shall be abolished and
29 replaced by a new community college district as follows:
30 (1) The establishment of the new community college
31 district shall become effective for all purposes on July
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1 1, 1996, notwithstanding any minimum population,
2 equalized assessed valuation or other requirements
3 provided by Section 3-1 or any other provision of this
4 Act for the establishment of a community college
5 district.
6 (2) The experimental district established pursuant
7 to subsection (a) shall be abolished on July 1, 1996 when
8 the establishment of the new community college district
9 becomes effective for all purposes.
10 (3) The territory of the new community college
11 district shall be comprised of the territory of, and its
12 boundaries shall be coterminous with the boundaries of
13 the experimental district which it will replace, as those
14 boundaries existed on November 7, 1995.
15 (4) Notwithstanding the fact that the establishment
16 of the new community college district does not become
17 effective for all purposes until July 1, 1996, the
18 election for the members of the initial board of the new
19 community college district, to consist of 7 members,
20 shall be held at the nonpartisan election in November of
21 1995 in the manner provided by the general election law,
22 nominating petitions for members of the initial board
23 shall be filed with the regional superintendent in the
24 manner provided by Section 3-7.10 with respect to newly
25 organized districts, and the persons entitled to nominate
26 and to vote at the election for the members of the board
27 of the new community college district shall be the
28 electors in the territory referred to in paragraph (3) of
29 this subsection. In addition, for purposes of the levy,
30 extension, and collection of taxes as provided in
31 paragraph (5.5) of this subsection and for the purposes
32 of establishing the territory and boundaries of the new
33 community college district within and for which those
34 taxes are to be levied, the new community college
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1 district shall be deemed established and effective when
2 the 7 members of the initial board of the new community
3 college district are elected and take office as provided
4 in this subsection (c).
5 (5) Each member elected to the initial board of the
6 new community college district must, on the date of his
7 election, be a citizen of the United States, of the age
8 of 18 years or over, and a resident of the State and the
9 territory referred to in paragraph (3) of this subsection
10 for at least one year preceding his election. Election
11 to the initial board of the new community college
12 district of a person who on July 1, 1996 is a member of a
13 common school board constitutes his resignation from, and
14 creates a vacancy on that common school board effective
15 July 1, 1996.
16 (5.5) The members first elected to the board of
17 trustees shall take office on the first Monday of
18 December, 1995, for the sole and limited purpose of
19 levying, at the rates specified in the proposition
20 submitted to the electors under subsection (b), taxes for
21 the educational purposes and for the operations and
22 maintenance of facilities purposes of the new community
23 college district. The taxes shall be levied in calendar
24 year 1995 for extension and collection in calendar year
25 1996, notwithstanding the fact that the new community
26 college district does not become effective for the
27 purposes of administration of the community college until
28 July 1, 1996. The regional superintendent shall convene
29 the meeting under this paragraph and the members shall
30 organize for the purpose of that meeting by electing, pro
31 tempore, a chairperson and a secretary. At that meeting
32 the board is authorized to levy taxes for educational
33 purposes and for operations and maintenance of facilities
34 purposes as authorized in this paragraph without adopting
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1 any budget for the new community college district and
2 shall certify the levy to the appropriate county clerk or
3 county clerks in accordance with law. The county clerks
4 shall extend the levy notwithstanding any law that
5 otherwise requires adoption of a budget before extension
6 of the levy. The funds produced by the levy made under
7 this paragraph to the extent received by a county
8 collector before July 1, 1996 shall immediately be
9 invested in lawful investments and held by the county
10 collector for payment and transfer to the new community
11 college district, along with all accrued interest or
12 other earnings accrued on the investment, as provided by
13 law on July 1, 1996. All funds produced by the levy and
14 received by a county collector on or after July 1, 1996
15 shall be transferred to the new community college
16 district as provided by law at such time as they are
17 received by the county collector.
18 (5.75) Notwithstanding any other provision of this
19 Section or the fact that establishment of the new
20 community college district as provided in this subsection
21 does not take effect until July 1, 1996, the members
22 first elected to the board of trustees of the new
23 community college district are authorized to meet,
24 beginning on June 1, 1996 and thereafter for purposes of:
25 (i) arranging for and approving educational programs,
26 ancillary services, staffing, and associated expenditures
27 that relate to the offering by the new community college
28 district of educational programs beginning on or after
29 July 1, 1996 and before the fall term of the 1996-97
30 academic year, and (ii) otherwise facilitating the
31 orderly transition of operations from the experimental
32 district known as State Community College of East St.
33 Louis to the new community college district established
34 under this subsection. The persons elected to serve, pro
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1 tempore, as chairperson and secretary of the board for
2 purposes of paragraph (5.5) shall continue to serve in
3 that capacity for purposes of this paragraph (5.75).
4 (6) Except as otherwise provided in paragraphs
5 (5.5) and (5.75), each of the members first elected to
6 the board of the new community college district shall
7 take office on July 1, 1996, and the Illinois Community
8 College Board, publicly by lot and not later than July 1,
9 1996, shall determine the length of term to be served by
10 each member of the initial board as follows: 2 shall
11 serve until their successors are elected at the
12 nonpartisan election in 1997 and have qualified, 2 shall
13 serve until their successors are elected at the
14 nonpartisan election in 1999 and have qualified, and 3
15 shall serve until their successors are elected at the
16 nonpartisan election in 2001 and have qualified. Their
17 successors shall serve 6 year terms.
18 (7) The regional superintendent shall convene the
19 initial board of the new community college district on
20 July 1, 1996, and the non-voting student member initially
21 selected to that board as provided in Section 3-7.24
22 shall serve a term beginning on the date of selection and
23 expiring on the next succeeding April 15. Upon being
24 convened on July 1, 1996, the board shall proceed to
25 organize in accordance with Section 3-8, and shall
26 thereafter continue to exercise the powers and duties of
27 a board in the manner provided by law for all boards of
28 community college districts except where obviously
29 inapplicable or otherwise provided by this Act.
30 Vacancies shall be filled, and members shall serve
31 without compensation subject to reimbursement for
32 reasonable expenses incurred in connection with their
33 service as members, as provided in Section 3-7. The duly
34 elected and organized board of the new community college
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1 district shall levy taxes at a rate not to exceed .175
2 percent for educational purposes and at a rate not to
3 exceed .05 percent for operations and maintenance of
4 facilities purposes; provided that the board may act to
5 increase such rates at a regular election in accordance
6 with Section 3-14 and the general election law.
7 (d) Upon abolition of the experimental district and
8 establishment of the new community college district as
9 provided in this Section, all tangible personal property,
10 including inventory, equipment, supplies, and library books,
11 materials, and collections, belonging to the experimental
12 district and State Community College of East St. Louis at the
13 time of their abolition under this Section shall be deemed
14 transferred, by operation of law, to the board of trustees of
15 the new community college district. In addition, all real
16 property, and the improvements situated thereon, held by
17 State Community College of East St. Louis or on its behalf by
18 its board of trustees shall, upon abolition of the
19 experimental district and college as provided in this
20 Section, be conveyed by the Illinois Community College Board,
21 in the manner prescribed by law, to the board of trustees of
22 the new community college district established under this
23 Section for so long as that real property is used for the
24 conduct and operation of a public community college and the
25 related purposes of a public community college district of
26 this State. Neither the new community college district nor
27 its board of trustees shall have any responsibility to any
28 vendor or other person making a claim relating to the
29 property, inventory, or equipment so transferred. On the
30 effective date of this amendatory Act of 1997, the endowment
31 funds, gifts, trust funds, and funds from student activity
32 fees and the operation of student and staff medical and
33 health programs, union buildings, bookstores, campus centers,
34 and other auxiliary enterprises and activities that were
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1 received by the board of trustees of State Community College
2 of East St. Louis and held and retained by that board of
3 trustees at the time of the abolition of the experimental
4 district and its replacement by the new community college
5 district as provided in this Section shall be deemed
6 transferred by operation of law to the board of trustees of
7 that new community college district, to be retained in its
8 own treasury and used in the conduct and operation of the
9 affairs and related purposes of the new community college
10 district.
11 (e) The outstanding obligations incurred for fiscal
12 years prior to fiscal year 1997 by the board of trustees of
13 State Community College of East St. Louis before the
14 abolition of that college and the experimental district as
15 provided in this Section shall be paid by the State Board
16 from appropriations made to the State Board from the General
17 Revenue Fund for purposes of this subsection. To facilitate
18 the appropriations to be made for that purpose, the State
19 Comptroller and State Treasurer, without delay, shall
20 transfer to the General Revenue Fund from the State Community
21 College of East St. Louis Income Fund and the State Community
22 College of East St. Louis Contracts and Grants Fund, special
23 funds previously created in the State Treasury, any balances
24 remaining in those special funds on the effective date of
25 this amendatory Act of 1997.
26 (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.