State of Illinois
90th General Assembly
Legislation

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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
                            -2-                LRB9001524KDks
 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
                            -3-                LRB9001524KDks
 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
                            -4-                LRB9001524KDks
 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.)

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