Bill Text: IL HB0437 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Public Community College Act. Makes changes in a Section allowing a community college district to levy a tax or issue bonds for alteration or repair of physical facilities for certain health, safety, energy conservation, environmental protection, and handicapped accessibility purposes. Allows the tax to be levied or bonds issued for alterations or repairs necessary for resource efficiency or sustainability. Provides that the district may levy the tax if, among other conditions, a certified estimate of a licensed architect or engineer stating the estimated amount (instead of stating the estimated amount of not less than $25,000) that is necessary to make alterations or repairs has been secured by the district. Removes a provision allowing the district to borrow money not in excess of $4,500,000 in the aggregate at any one time. Provides that the district may borrow money if, among other conditions, a certified estimate of a licensed architect or engineer stating the estimated amount (instead of stating the estimated amount of not less than $25,000) has been secured by the district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0561 [HB0437 Detail]

Download: Illinois-2009-HB0437-Enrolled.html

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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 Section 3-20.3.01 as follows:
(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
Sec. 3-20.3.01. Whenever, as a result of any lawful order
of any agency, other than a local community college board,
having authority to enforce any law or regulation designed for
the protection, health or safety of community college students,
employees or visitors, or any law or regulation for the
protection and safety of the environment, pursuant to the
"Environmental Protection Act", any local community college
district, including any district to which Article VII of this
Act applies, is required to alter or repair any physical
facilities, or whenever any district determines that it is
necessary for energy conservation, health or safety,
environmental protection or handicapped accessibility purposes
that any physical facilities should be altered or repaired and
that such alterations or repairs will be made with funds not
necessary for the completion of approved and recommended
projects for fire prevention and safety, or whenever after the
effective date of this amendatory Act of 1984 any district,

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including any district to which Article VII applies, provides
for alterations or repairs determined by the local community
college board to be necessary for health and safety,
environmental protection, handicapped accessibility or energy
conservation purposes, such district may, by proper resolution
which specifically identifies the project and which is adopted
pursuant to the provisions of the Open Meetings Act, levy a tax
for the purpose of paying for such alterations or repairs, or
survey by a licensed architect or engineer, upon the equalized
assessed value of all the taxable property of the district at a
rate not to exceed .05% per year for a period sufficient to
finance such alterations or repairs, upon the following
conditions:
(a) When in the judgment of the local community college
board of trustees there are not sufficient funds available in
the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered,
determined as necessary.
(b) When a certified estimate of a licensed architect or
engineer stating the estimated amount of not less than $25,000
that is necessary to make the alterations or repairs so ordered
or determined as necessary has been secured by the local
community college district and the project and estimated amount
have been approved by the Executive Director of the State
Board.
The filing of a certified copy of the resolution or

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ordinance levying the tax when accompanied by the certificate
of approval of the Executive Director of the State Board shall
be the authority of the county clerk or clerks to extend such
tax; provided, however, that in no event shall the extension
for the current and preceding years, if any, under this Section
be greater than the amount so approved, and interest on bonds
issued pursuant to this Section and in the event such current
extension and preceding extensions exceed such approval and
interest, it shall be reduced proportionately.
The county clerk of each of the counties in which any
community college district levying a tax under the authority of
this Section is located, in reducing raised levies, shall not
consider any such tax as a part of the general levy for
community college purposes and shall not include the same in
the limitation of any other tax rate which may be extended.
Such tax shall be levied and collected in like manner as all
other taxes of community college districts.
The tax rate limit hereinabove specified in this Section
may be increased to .10% upon the approval of a proposition to
effect such increase by a majority of the electors voting on
that proposition at a regular scheduled election. Such
proposition may be initiated by resolution of the local
community college board and shall be certified by the secretary
of the local community college board to the proper election
authorities for submission in accordance with the general
election law.

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Each local community college district authorized to levy
any tax pursuant to this Section may also or in the alternative
by proper resolution or ordinance borrow money for such
specifically identified purposes not in excess of $4,500,000 in
the aggregate at any one time when in the judgment of the local
community college board of trustees there are not sufficient
funds available in the operations and maintenance fund of the
district to permanently pay for such alterations or repairs so
ordered or determined as necessary and a certified estimate of
a licensed architect or engineer stating the estimated amount
of not less than $25,000 has been secured by the local
community college district and the project and the estimated
amount have been approved by the State Board, and as evidence
of such indebtedness may issue bonds without referendum.
However, Community College District No. 522 and Community
College District No. 536 may or in the alternative by proper
resolution or ordinance borrow money for such specifically
identified purposes not in excess of $20,000,000 in the
aggregate at any one time when in the judgment of the community
college board of trustees there are not sufficient funds
available in the operations and maintenance fund of the
district to permanently pay for such alterations or repairs so
ordered or determined as necessary and a certified estimate of
a licensed architect or engineer stating the estimated amount
has been secured by the community college district and the
project and the estimated amount have been approved by the

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State Board, and as evidence of such indebtedness may issue
bonds without referendum. Such bonds shall bear interest at a
rate or rates authorized by "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now
or hereafter amended, shall mature within 20 years from date,
and shall be signed by the chairman, secretary and treasurer of
the local community college board.
In order to authorize and issue such bonds the local
community college board shall adopt a resolution fixing the
amount of bonds, the date thereof, the maturities thereof and
rates of interest thereof, and the board by such resolution, or
in a district to which Article VII applies the city council
upon demand and under the direction of the board by ordinance,
shall provide for the levy and collection of a direct annual
tax upon all the taxable property in the local community
college district sufficient to pay the principal and interest
on such bonds to maturity. Upon the filing in the office of the
county clerk of each of the counties in which the community
college district is located of a certified copy of such
resolution or ordinance it is the duty of the county clerk or
clerks to extend the tax therefor without limit as to rate or
amount and in addition to and in excess of all other taxes
heretofore or hereafter authorized to be levied by such
community college district.

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The State Board shall prepare and enforce regulations and
specifications for minimum requirements for the construction,
remodeling or rehabilitation of heating, ventilating, air
conditioning, lighting, seating, water supply, toilet,
handicapped accessibility, fire safety and any other matter
that will conserve, preserve or provide for the protection and
the health or safety of individuals in or on community college
property and will conserve the integrity of the physical
facilities of the district.
This Section is cumulative and constitutes complete
authority for the issuance of bonds as provided in this Section
notwithstanding any other statute or law to the contrary.
(Source: P.A. 90-468, eff. 8-17-97.)