[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB2632
110 ILCS 805/3-14.2 from Ch. 122, par. 103-14.2
110 ILCS 805/3-14.3 from Ch. 122, par. 103-14.3
Amends the Public Community College Act. In the
provisions authorizing public community college districts
that meet statutory criteria to levy additional taxes for
educational and operations, building, and maintenance
purposes pursuant to resolution but subject to backdoor
referendum requirements, increases to 180 days from 30 days
the number of days following the board of trustees' adoption
of the additional levy that are allowed for filing the
requisite petition requiring referendum approval. Effective
July 1, 1998.
LRB9009374THpk
LRB9009374THpk
1 AN ACT to amend the Public Community College Act by
2 changing Sections 3-14.2 and 3-14.3.
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 Sections 3-14.2 and 3-14.3 as follows:
7 (110 ILCS 805/3-14.2) (from Ch. 122, par. 103-14.2)
8 Sec. 3-14.2. In addition to any other tax levies
9 authorized by law, the board of a community college district
10 (1) whose boundaries are entirely within a county with a
11 population in excess of 2 million persons and (2) which was
12 organized as a public junior college prior to October 1,
13 1973, and (3) whose existence was validated by an Act filed
14 with the Secretary of State on May 31, 1937, may levy an
15 additional tax upon the taxable property of the district in
16 any year in which the State Board issues a certificate of
17 eligibility to do so. The additional tax may be used to
18 increase the total taxing authority of the district to the
19 rate of 23.54 cents per $100 of equalized assessed value for
20 educational and operations, building and maintenance
21 purposes.
22 In order to be eligible to levy the additional tax as
23 provided herein, the district shall have been eligible to
24 receive equalization grants pursuant to Section 102-16 for
25 each of the five fiscal years in the period 1984 to 1988.
26 The additional amount certified by the State Board to be
27 levied shall not exceed the combined increases in the
28 educational and operations, building and maintenance purposes
29 funds authorized in Section 3-14. The State Board shall
30 notify the board of trustees of the community college
31 district of its eligibility to levy additional taxes as
-2- LRB9009374THpk
1 authorized in this Section and the amount of such levy, by
2 November 1, 1988.
3 A resolution, adopted pursuant to the provisions of the
4 Open Meetings Act, which expresses the district's intent to
5 levy such a tax, or a portion thereof, when accompanied by
6 the State Board certificate of eligibility, shall be the
7 authority for the county clerk or clerks to extend such a
8 tax. The district board shall cause a copy of the resolution
9 to be published in one or more newspapers published in the
10 district within 10 days after such levy is made. If no
11 newspaper is published in the district, the resolution shall
12 be published in a newspaper having general circulation within
13 the district. The publication of the resolution shall include
14 a notice of (1) the specific number of voters required to
15 sign a petition requesting that the question of the adoption
16 of the tax levy be submitted to the voters of the district;
17 (2) the time within which the petition must be filed; and (3)
18 the date of the prospective referendum. The district
19 secretary shall provide a petition form to any individual
20 requesting one.
21 If within 180 30 days of the adoption of such additional
22 levy, a petition is filed with the secretary of the board of
23 trustees, signed by not less than 10% of the voters of the
24 district, requesting that the proposition to levy such
25 additional taxes as authorized by this Section be submitted
26 to the voters of the district, then the district shall not be
27 authorized to levy such additional taxes as permitted by this
28 Section until the proposition has been submitted to and
29 approved by a majority of the voters voting on the
30 proposition at a regularly scheduled election in the manner
31 provided in the general election law. The secretary shall
32 certify the proposition to the proper election authority for
33 submission to the voters. If no such petition with the
34 requisite number of signatures and which is otherwise valid
-3- LRB9009374THpk
1 is filed within such 30 day period, then the district shall
2 thereafter be authorized to levy such additional taxes as
3 provided and for the purposes expressed in this Section.
4 (Source: P.A. 85-1150; 86-1253.)
5 (110 ILCS 805/3-14.3) (from Ch. 122, par. 103-14.3)
6 Sec. 3-14.3. In addition to any other tax levies
7 authorized by law, the board of a community college district
8 may levy an additional tax upon the taxable property of the
9 district in any year in which the State Board issues a
10 certificate of eligibility to do so. The additional tax may
11 be used to increase the total taxing authority of the
12 district to the most recently reported statewide average
13 actual levy rate in cents per $100 of equalized assessed
14 value for educational and operations and maintenance purposes
15 as certified by the State Board.
16 In order to be eligible to levy the additional tax as
17 provided herein, the district shall have been eligible to
18 receive equalization grants pursuant to Section 2-16 or
19 2-16.02, as the case may be, in the year of eligibility
20 certification or in the previous fiscal year.
21 The additional amount certified by the State Board to be
22 levied shall not exceed the combined increases in the
23 educational and operations and maintenance purposes funds
24 authorized in Section 3-14. The State Board shall notify the
25 board of trustees of the community college district of its
26 eligibility to levy additional taxes as authorized in this
27 Section and the amount of such levy, by November 1 of each
28 year.
29 A resolution, adopted annually pursuant to the provisions
30 of the Open Meetings Act, which expresses the district's
31 intent to levy such a tax, or a portion thereof, when
32 accompanied by the State Board certificate of eligibility,
33 shall be the authority for the county clerk or clerks to
-4- LRB9009374THpk
1 extend such a tax. Within 10 days after adoption of such
2 resolution, the district shall cause to be published the
3 resolution in at least one or more newspapers published in
4 the district. The publication of the resolution shall
5 include a notice of (1) the specific number of voters
6 required to sign a petition requesting that the proposition
7 of the adoption of the resolution be submitted to the voters
8 of the district; (2) the time in which the petition must be
9 filed; and (3) the date of the prospective referendum. The
10 secretary shall provide a petition form to any individual
11 requesting one.
12 If within 180 30 days of the annual adoption of such
13 additional levy, a petition is filed with the secretary of
14 the board of trustees, signed by not less than 10% of the
15 registered voters of the district, requesting that the
16 proposition to levy such additional taxes as authorized by
17 this Section be submitted to the voters of the district, then
18 the district shall not be authorized to levy such additional
19 taxes as permitted by this Section until the proposition has
20 been submitted to and approved by a majority of the voters
21 voting on the proposition at a regularly scheduled election
22 in the manner provided in the general election law. The
23 secretary shall certify the proposition to the proper
24 election authority for submission to the voters. If no such
25 petition with the requisite number of signatures and which is
26 otherwise valid is filed within such 30 day period, then the
27 district shall be authorized to levy such additional taxes as
28 provided for the purposes expressed in this Section.
29 (Source: P.A. 86-360; 87-1018.)
30 Section 99. Effective date. This Act takes effect July
31 1, 1998.