Public Act 90-0509 of the 90th General Assembly

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Public Act 90-0509

HB1197 Enrolled                                LRB9002542THpk

    AN ACT to amend  the  Public  Community  College  Act  by
changing Section 2-12.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Public Community College Act  is  amended
by changing Section 2-12.1 as follows:

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

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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