| ||||
| Public Act 103-0278 | ||||
| ||||
| ||||
AN ACT concerning education.
| ||||
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 Sections 3-8, 3-10, and 3-33.6 and by adding Section | ||||
3-33.6a as follows:
| ||||
(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
| ||||
Sec. 3-8. In this Section, "reasonable emergency" means | ||||
any imminent need to maintain the operations or facilities of | ||||
the community college district and that such need is due to | ||||
circumstances beyond the control of the board. | ||||
Following each election and canvass, the new board shall
| ||||
hold its organizational meeting on or before the 28th day | ||||
after the election. If the election is the initial election | ||||
ordered by the regional superintendent,
the organizational | ||||
meeting shall be convened by the regional superintendent,
who | ||||
shall preside over the meeting until the election for | ||||
chairman, vice
chairman and secretary of board is completed. | ||||
At all other organizational
meetings, the chairman of the | ||||
board, or, in his or her absence, the president
of the | ||||
community college or acting chief executive officer of the | ||||
college shall
convene the new board, and conduct the election | ||||
for chairman, vice chairman and
secretary. The chairman and | ||||
vice chairman elected by the board shall be members of the | ||
board, but the secretary elected by the board may be either a | ||
member of the board or not a member of the board, as determined | ||
by the board. The secretary, if not a member of the board, may | ||
receive such compensation as shall be fixed by the board prior | ||
to the election of the secretary. The board shall then proceed | ||
with its organization under the newly
elected board officers, | ||
and shall fix a time and place for its regular
meetings. It | ||
shall then enter upon the discharge of its duties. Public | ||
notice of the schedule of regular meetings for the next | ||
calendar year, as set at the organizational meeting, must be | ||
given at the beginning of that calendar year. The terms of
| ||
board office shall be 2 years, except that the board by | ||
resolution may
establish a policy for the terms of office to be | ||
one year, and provide for the
election of officers for the | ||
remaining one year period.
Terms of members are subject to | ||
Section 2A-54 of the Election Code.
| ||
Beginning 45 days prior to the Tuesday following the first | ||
Monday of April in odd-numbered years until the first | ||
organizational meeting of the new board, no addendum to modify | ||
or amend an employee agreement between a community college | ||
district and the district's president, chancellor, or chief | ||
executive officer may be agreed to or executed, nor may an | ||
employment contract be made and entered into between the board | ||
of an established community college district and a president, | ||
chancellor, or chief executive officer. If the current board | ||
must take such action at any time during the 45 days prior to | ||
the Tuesday following the first Monday of April in | ||
odd-numbered years until the first organizational meeting of | ||
the new board due to a reasonable emergency, then that action | ||
shall be terminated on the 60th day after the first | ||
organizational meeting, unless the new board, by resolution, | ||
reaffirms the agreed-upon addendum or new employment contract. | ||
Special meetings of the board may be called by the | ||
chairman or by any
3 members of the board by giving notice | ||
thereof in writing stating the
time, place and purpose of the | ||
meeting. Such notice may be served by
mail 48 hours before the | ||
meeting or by personal service 24 hours before
the meeting.
| ||
At each regular and special meeting which is open to the | ||
public,
members of the public and employees of the community | ||
college district shall
be afforded time, subject to reasonable | ||
constraints, to comment to or ask
questions of the board.
| ||
(Source: P.A. 99-693, eff. 1-1-17.)
| ||
(110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
| ||
Sec. 3-10.
The chairman shall preside at all meetings and | ||
shall perform
such duties as are imposed upon him or her by law | ||
or by action of the board. The
vice-chairman shall perform the | ||
duties of the chairman if there is a vacancy in the office of | ||
the chairman or in case of the chairman's absence or inability | ||
to act. If there is a vacancy in the office of the chairman and
| ||
vice-chairman or the chairman and vice-chairman are absent | ||
from any meeting or refuse to perform their
duties, a chairman | ||
pro tempore shall be appointed by the board from among
their | ||
number.
| ||
The secretary may be a member of the board and shall | ||
perform the duties usually pertaining to his or her office.
| ||
The secretary, if not a member of the board, may receive such | ||
compensation as shall be fixed by the board prior to the | ||
election of the secretary. If the secretary he is absent from | ||
any meeting or refuses to perform his or her duties, a member
| ||
of the board shall be appointed secretary pro tempore.
| ||
(Source: P.A. 100-273, eff. 8-22-17.)
| ||
(110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
| ||
Sec. 3-33.6.
Monies in the working cash fund may be used | ||
for any and all community college purposes and may be | ||
transferred in whole or in part from the working cash fund to
| ||
the educational fund or operations and maintenance fund only
| ||
upon the authority of the board, which shall by resolution | ||
direct the
community college treasurer to make such transfers. | ||
The resolution shall
set forth (a) the taxes or other funds in | ||
anticipation of the collection
or receipt of which the working | ||
cash fund is to be reimbursed, (b) the
entire amount of taxes | ||
extended, or which the board shall estimate will
be extended | ||
or received, for any year in anticipation of the collection
of | ||
all or part of which such transfers are to be made, (c) the | ||
aggregate
amount of warrants or notes theretofore issued in | ||
anticipation of the
collection of such taxes under this Act | ||
together with the amount of
interest accrued and which the | ||
community college board estimates will
accrue thereon, (d) the | ||
amount of monies which the community college
board estimates | ||
will be derived for any year from the State, Federal
| ||
government or other sources in anticipation of the receipt of | ||
all or
part of which such transfer is to be made, (e)
the | ||
aggregate amount of receipts from taxes imposed to replace | ||
revenue
lost by units of local government and school districts | ||
as a result of the
abolition of ad valorem personal property | ||
taxes, pursuant to Article IX,
Section 5(c) of the | ||
Constitution of the State of Illinois, which the corporate
| ||
authorities estimate will be set aside for the payment of the | ||
proportionate
amount of debt service and pension or retirement | ||
obligations, as required by
Section 12 of "An Act in relation | ||
to State Revenue Sharing with local
government entities", | ||
approved July 31, 1969, as amended, and (f) the
aggregate | ||
amount of monies theretofore transferred from the working cash
| ||
fund to the educational fund or operations and maintenance | ||
fund in
anticipation of the collection of such taxes or of the | ||
receipt of such
other monies from other sources. The amount | ||
which the resolution shall
direct the community college | ||
treasurer so to transfer in anticipation of
the collection of | ||
taxes levied or to be received for any year, together
with the | ||
aggregate amount of such anticipation tax warrants or notes
| ||
theretofore drawn against such taxes and the amount of the | ||
interest
accrued and estimated to accrue thereon,
the amount | ||
estimated to be required to satisfy debt service and pension
| ||
or retirement obligations, as set forth in Section 12 of "An | ||
Act in relation
to State revenue sharing with local government | ||
entities", approved July
31, 1969, as amended, and the | ||
aggregate amount of such
transfers theretofore made in | ||
anticipation of the collection of such
taxes may not exceed | ||
90% of the actual or estimated amount of such taxes
extended or | ||
to be extended or to be received as set forth in the
| ||
resolution. The amount which the resolution shall direct the | ||
community
college treasurer so to transfer in anticipation of | ||
the receipt of
monies to be derived for any year from the | ||
State, Federal government or
from other sources, together with | ||
the aggregate amount theretofore
transferred in anticipation | ||
of the receipt of any such monies, may not
exceed the total | ||
amount which it is so estimated will be received from
such | ||
source. Any community college district may also abolish its | ||
working
cash fund upon the adoption of a resolution so | ||
providing and directing
the transfer of any balance in such | ||
fund to the operating funds at the close of the then-current | ||
fiscal year or may abate its working cash fund upon the | ||
adoption of a resolution so providing and directing the | ||
transfer of part of the balance in such fund to the operating | ||
funds at any time. If a
community college district elects to | ||
abolish or abate its working cash fund under
this provision, | ||
it shall have the authority to increase or again create a | ||
working cash fund at any time not establish another working | ||
cash fund, unless
approved by the voters of the community | ||
college district in the manner
provided by Article III of this | ||
Act. When monies are available in the
working cash fund, they | ||
shall, unless the community college district has
abolished or | ||
abated its working cash fund pursuant to this Section, be | ||
transferred
to the educational fund and operations and | ||
maintenance fund and
disbursed for the payment of salaries and | ||
other educational purposes
and operation and maintenance of | ||
facilities purposes expenses so as to
avoid, whenever | ||
possible, the issuance of tax anticipation warrants.
| ||
Monies earned as interest from the investment of the | ||
working cash fund,
or any portion thereof, may be transferred | ||
from the working cash fund to
the educational fund or | ||
operations and maintenance fund of
the district without any | ||
requirement of repayment to the working cash fund,
upon the | ||
authority of the board by separate resolution directing the
| ||
treasurer to make such transfer and stating the purpose | ||
therefor.
| ||
(Source: P.A. 85-1335.)
| ||
(110 ILCS 805/3-33.6a new) | ||
Sec. 3-33.6a. Abatement of working cash fund. A community | ||
college district may abate its working cash fund at any time, | ||
upon the adoption of a resolution so providing, and may direct | ||
the transfer at any time of moneys in that fund to any fund or | ||
funds of the district most in need of the money, provided that | ||
the district maintains an amount to the credit of the working | ||
cash fund, including amounts transferred pursuant to Section | ||
3-33.6 and to be reimbursed to the working cash fund, at least | ||
equal to 0.05% of the then-current value, as equalized or | ||
assessed by the Department of Revenue, of the taxable property | ||
in the district. If necessary to effectuate the abatement, any | ||
outstanding loans to other funds of the district may be paid or | ||
become payable to the fund or funds to which the abatement is | ||
made.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||