Illinois General Assembly - Full Text of HB1940
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Full Text of HB1940  100th General Assembly

HB1940ham001 100TH GENERAL ASSEMBLY

Rep. Chad Hays

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1940

2    AMENDMENT NO. ______. Amend House Bill 1940 by replacing
3everything after the enacting clause with the following:
 
4    "(30 ILCS 105/5.325 rep.)
5    Section 5. The State Finance Act is amended by repealing
6Section 5.325.
 
7    Section 10. The Public Community College Act is amended by
8changing Sections 1-2, 2-11, 2-12, 2-12.1, 2-15, 2-16.02, 2-24,
93-7, 3-7a, 3-14.2, 3-14.3, 3-20.1, 3-22.1, 3-25.1, 3-26.1,
103-29, 3-40, 3-42.1, 3-48, 3-53, 5-3, 5-4, 5-6, 5-7, 5A-15,
115A-25, 5A-35, 5A-45, 6-2, 6-4.1, 7-5, 7-9, 7-25, and 7-26 and
12by adding Section 6-4.2 as follows:
 
13    (110 ILCS 805/1-2)  (from Ch. 122, par. 101-2)
14    Sec. 1-2. The following terms have the meanings
15respectively prescribed for them except as the context

 

 

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1otherwise requires:
2    (a) "Board of Higher Education": The Board of Higher
3Education created by "An Act creating a Board of Higher
4Education, defining its powers and duties, making an
5appropriation therefor, and repealing an Act herein named",
6approved August 22, 1961, as now or hereafter amended.
7    (b) "State Board": Illinois Community College Board
8created by Article II of this Act.
9    (c) "Community Colleges": Public community colleges
10existing in community college districts organized under this
11Act, or public community colleges which prior to October 1,
121973, were organized as public junior colleges under this Act,
13or public community colleges existing in districts accepted as
14community college districts under this Act which districts have
15a population of not less than 30,000 inhabitants or consist of
16at least 3 counties or that portion of 3 counties not included
17in a community college district and an assessed valuation of
18not less than $75,000,000 and which districts levy a tax for
19community college purposes.
20    (d) "Community College Districts": Districts authorized to
21maintain community colleges under this Act, including
22community college districts which prior to October 1, 1973,
23were established under this Act as public junior college
24districts.
25    (e) "Comprehensive community college program": A program
26offered by a community college which includes (1) courses in

 

 

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1liberal arts and sciences and general education; (2) adult
2education courses; and (3) courses in occupational,
3semi-technical or technical fields leading directly to
4employment. At least 15% of all courses taught must be in
5fields leading directly to employment, one-half of which
6courses to be in fields other than business education.
7    (f) "Common Schools": Schools in districts operating
8grades 1 through 8, 1 through 12 or 9 through 12.
9    (g) "Board": The board of trustees of a community college
10district, whether elected or appointed.
11    (h) "The election for the establishment": An election to
12establish a community college district under Article III, or an
13election to establish a junior college district prior to July
1415, 1965, which district has become a community college
15district under this Act.
16    (i) "Regional superintendent": The superintendent of an
17educational service region.
18    (j) "Employment Advisory Board": A board, appointed by the
19Board of Trustees of a Community College District, for the
20purpose of advising the Board of Trustees as to local
21employment conditions within the boundaries of the Community
22College District.
23    (k) "Operation and maintenance of facilities": The
24management of fixed equipment, plant and infrastructure.
25(Source: P.A. 97-539, eff. 8-23-11.)
 

 

 

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1    (110 ILCS 805/2-11)  (from Ch. 122, par. 102-11)
2    Sec. 2-11. The State Board in cooperation with the
3four-year colleges is empowered to develop articulation
4procedures to the end that maximize maximum freedom of transfer
5among and between community colleges and baccalaureate
6granting between community colleges and degree-granting
7institutions be available, and consistent with minimum
8admission policies established by the Board of Higher
9Education.
10(Source: P.A. 78-669.)
 
11    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
12    Sec. 2-12. The State Board shall have the power and it
13shall be its duty:
14        (a) To provide statewide planning for community
15    colleges as institutions of higher education and to
16    coordinate co-ordinate the programs, services and
17    activities of all community colleges in the State so as to
18    encourage and establish a system of locally initiated and
19    administered comprehensive community colleges.
20        (b) To organize and conduct feasibility surveys for new
21    community colleges or for the inclusion of existing
22    institutions as community colleges and the locating of new
23    institutions.
24        (c) (Blank).
25        (c-5) In collaboration with the community colleges, to

 

 

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1    furnish information for State and federal accountability
2    purposes, promote student and institutional improvement,
3    and meet research needs.
4        (d) To cooperate with the community colleges in
5    collecting and maintaining continuing studies of student
6    characteristics, enrollment and completion data, faculty
7    and staff characteristics, financial data, admission
8    standards, grading policies, performance of transfer
9    students, qualification and certification of facilities,
10    and any other issues facing community colleges problem of
11    community college education.
12        (e) To enter into contracts with other governmental
13    agencies and eligible providers, such as local educational
14    agencies, community-based organizations of demonstrated
15    effectiveness, volunteer literacy organizations of
16    demonstrated effectiveness, institutions of higher
17    education, public and private nonprofit agencies,
18    libraries, and public housing authorities; to accept
19    federal funds and to plan with other State agencies when
20    appropriate for the allocation of such federal funds for
21    instructional programs and student services including such
22    funds for adult education and adult literacy, vocational
23    and career and technical education, and retraining as may
24    be allocated by state and federal agencies for the aid of
25    community colleges. To receive, receipt for, hold in trust,
26    expend and administer, for all purposes of this Act, funds

 

 

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1    and other aid made available by the federal government or
2    by other agencies public or private, subject to
3    appropriation by the General Assembly. The changes to this
4    subdivision (e) made by this amendatory Act of the 91st
5    General Assembly apply on and after July 1, 2001.
6        (f) To determine efficient and adequate standards for
7    community colleges for the physical plant, heating,
8    lighting, ventilation, sanitation, safety, equipment and
9    supplies, instruction and teaching, curriculum, library,
10    operation, maintenance, administration and supervision,
11    and to grant recognition certificates to community
12    colleges meeting such standards.
13        (g) To determine the standards for establishment of
14    community colleges and the proper location of the site in
15    relation to existing institutions of higher education
16    offering academic, occupational and technical training
17    curricula, possible enrollment, assessed valuation,
18    industrial, business, agricultural, and other conditions
19    reflecting educational needs in the area to be served;
20    however, no community college may be considered as being
21    recognized nor may the establishment of any community
22    college be authorized in any district which shall be deemed
23    inadequate for the maintenance, in accordance with the
24    desirable standards thus determined, of a community
25    college offering the basic subjects of general education
26    and suitable vocational and semiprofessional and technical

 

 

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1    curricula.
2        (h) To approve or disapprove new units of instruction,
3    research or public service as defined in Section 3-25.1 of
4    this Act submitted by the boards of trustees of the
5    respective community college districts of this State. The
6    State Board may discontinue programs which fail to reflect
7    the educational needs of the area being served. The
8    community college district shall be granted 60 days
9    following the State Board staff recommendation and prior to
10    the State Board's action to respond to concerns regarding
11    the program in question. If the State Board acts to abolish
12    a community college program, the community college
13    district has a right to appeal the decision in accordance
14    with administrative rules promulgated by the State Board
15    under the provisions of the Illinois Administrative
16    Procedure Act.
17        (i) To review and approve or disapprove any contract or
18    agreement that participate in, to recommend approval or
19    disapproval, and to assist in the coordination of the
20    programs of community colleges enter into with any
21    organization, association, educational institution, or
22    government agency to provide educational services for
23    academic credit participating in programs of
24    interinstitutional cooperation with other public or
25    nonpublic institutions of higher education. The State
26    Board is authorized to monitor performance under any

 

 

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1    contract or agreement that is approved by the State Board.
2    If the State Board does not approve a particular contract
3    or cooperative agreement, the community college district
4    has a right to appeal the decision in accordance with
5    administrative rules promulgated by the State Board under
6    the provisions of the Illinois Administrative Procedure
7    Act.
8        (j) To establish guidelines regarding sabbatical
9    leaves.
10        (k) To establish guidelines for the admission into
11    special, appropriate programs conducted or created by
12    community colleges for elementary and secondary school
13    dropouts who have received truant status from the school
14    districts of this State in compliance with Section 26-14 of
15    The School Code.
16        (l) (Blank). The Community College Board shall conduct
17    a study of community college teacher education courses to
18    determine how the community college system can increase its
19    participation in the preparation of elementary and
20    secondary teachers.
21        (m) (Blank).
22        (n) To create and participate in the conduct and
23    operation of any corporation, joint venture, partnership,
24    association, or other organizational entity that has the
25    power: (i) to acquire land, buildings, and other capital
26    equipment for the use and benefit of the community colleges

 

 

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1    or their students; (ii) to accept gifts and make grants for
2    the use and benefit of the community colleges or their
3    students; (iii) to aid in the instruction and education of
4    students of community colleges; and (iv) to promote
5    activities to acquaint members of the community with the
6    facilities of the various community colleges.
7        (o) On and after July 1, 2001, to ensure the effective
8    teaching of adults and to prepare them for success in
9    employment and lifelong learning by administering a
10    network of providers, programs, and services to provide
11    adult basic education, adult secondary and high school
12    equivalency testing education, English as a second
13    language, and any other instruction designed to prepare
14    adult students to function successfully in society and to
15    experience success in postsecondary education and
16    employment the world of work.
17        (p) On and after July 1, 2001, to supervise the
18    administration of adult education and adult literacy
19    programs, to establish the standards for such courses of
20    instruction and supervise the administration thereof, to
21    contract with other State and local agencies and eligible
22    providers of demonstrated effectiveness, such as local
23    educational agencies, community-based organizations of
24    demonstrated effectiveness, volunteer literacy
25    organizations of demonstrated effectiveness, institutions
26    of higher education, public and private nonprofit

 

 

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1    agencies, libraries, and public housing authorities, and
2    non-profit institutions for the purpose of promoting and
3    establishing classes for instruction under these programs,
4    to contract with other State and local agencies to accept
5    and expend appropriations for educational purposes to
6    reimburse local eligible providers for the cost of these
7    programs, and to establish an advisory council consisting
8    of all categories of eligible providers; agency partners,
9    such as the State Board of Education, the Department of
10    Human Services, the Department of Employment Security, the
11    Department of Commerce and Economic Opportunity, and the
12    Secretary of State literacy program; and other
13    stakeholders to identify, deliberate, and make
14    recommendations to the State Board on adult education
15    policy and priorities. The State Board shall support
16    statewide geographic distribution; diversity of eligible
17    providers; and the adequacy, stability, and predictability
18    of funding so as not to disrupt or diminish, but rather to
19    enhance, adult education and literacy services by this
20    change of administration.
21(Source: P.A. 98-718, eff. 1-1-15; 99-655, eff. 7-28-16.)
 
22    (110 ILCS 805/2-12.1)  (from Ch. 122, par. 102-12.1)
23    Sec. 2-12.1. Experimental district; abolition of
24experimental district and establishment of new community
25college district.

 

 

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1    (a) The State Board shall establish an experimental
2community college district, referred to in this Act as the
3"experimental district", to be comprised of territory which
4includes the City of East St. Louis, Illinois. The State Board
5shall determine the area and fix the boundaries of the
6territory of the experimental district. Within 30 days of the
7establishment of the experimental district, the State Board
8shall file with the county clerk of the county, or counties,
9concerned a map showing the territory of the experimental
10district.
11    Within the experimental district, the State Board shall
12establish, maintain and operate, until the experimental
13district is abolished and a new community college district is
14established under subsection (c), an experimental community
15college to be known as the State Community College of East St.
16Louis.
17    (b) (Blank).
18    (c) The experimental district established under subsection
19(a) of this Section is abolished on July 1, 1996 shall be
20abolished and replaced by a new community college district as
21follows:
22        (1) The establishment of the new community college
23    district shall become effective for all purposes on July 1,
24    1996, notwithstanding any minimum population, equalized
25    assessed valuation or other requirements provided by
26    Section 3-1 or any other provision of this Act for the

 

 

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1    establishment of a community college district.
2        (2) The experimental district established pursuant to
3    subsection (a) shall be abolished on July 1, 1996 when the
4    establishment of the new community college district
5    becomes effective for all purposes.
6        (3) The territory of the new community college district
7    shall be comprised of the territory of, and its boundaries
8    shall be coterminous with the boundaries of the
9    experimental district which it will replace, as those
10    boundaries existed on November 7, 1995.
11        (4) Notwithstanding the fact that the establishment of
12    the new community college district does not become
13    effective for all purposes until July 1, 1996, the election
14    for the members of the initial board of the new community
15    college district, to consist of 7 members, shall be held at
16    the nonpartisan election in November of 1995 in the manner
17    provided by the general election law, nominating petitions
18    for members of the initial board shall be filed with the
19    regional superintendent in the manner provided by Section
20    3-7.10 with respect to newly organized districts, and the
21    persons entitled to nominate and to vote at the election
22    for the members of the board of the new community college
23    district shall be the electors in the territory referred to
24    in paragraph (3) of this subsection. In addition, for
25    purposes of the levy, extension, and collection of taxes as
26    provided in paragraph (5.5) of this subsection and for the

 

 

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1    purposes of establishing the territory and boundaries of
2    the new community college district within and for which
3    those taxes are to be levied, the new community college
4    district shall be deemed established and effective when the
5    7 members of the initial board of the new community college
6    district are elected and take office as provided in this
7    subsection (c).
8        (5) Each member elected to the initial board of the new
9    community college district must, on the date of his
10    election, be a citizen of the United States, of the age of
11    18 years or over, and a resident of the State and the
12    territory referred to in paragraph (3) of this subsection
13    for at least one year preceding his election. Election to
14    the initial board of the new community college district of
15    a person who on July 1, 1996 is a member of a common school
16    board constitutes his resignation from, and creates a
17    vacancy on that common school board effective July 1, 1996.
18        (5.5) The members first elected to the board of
19    trustees shall take office on the first Monday of December,
20    1995, for the sole and limited purpose of levying, at the
21    rates specified in the proposition submitted to the
22    electors under subsection (b), taxes for the educational
23    purposes and for the operations and maintenance of
24    facilities purposes of the new community college district.
25    The taxes shall be levied in calendar year 1995 for
26    extension and collection in calendar year 1996,

 

 

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1    notwithstanding the fact that the new community college
2    district does not become effective for the purposes of
3    administration of the community college until July 1, 1996.
4    The regional superintendent shall convene the meeting
5    under this paragraph and the members shall organize for the
6    purpose of that meeting by electing, pro tempore, a
7    chairperson and a secretary. At that meeting the board is
8    authorized to levy taxes for educational purposes and for
9    operations and maintenance of facilities purposes as
10    authorized in this paragraph without adopting any budget
11    for the new community college district and shall certify
12    the levy to the appropriate county clerk or county clerks
13    in accordance with law. The county clerks shall extend the
14    levy notwithstanding any law that otherwise requires
15    adoption of a budget before extension of the levy. The
16    funds produced by the levy made under this paragraph to the
17    extent received by a county collector before July 1, 1996
18    shall immediately be invested in lawful investments and
19    held by the county collector for payment and transfer to
20    the new community college district, along with all accrued
21    interest or other earnings accrued on the investment, as
22    provided by law on July 1, 1996. All funds produced by the
23    levy and received by a county collector on or after July 1,
24    1996 shall be transferred to the new community college
25    district as provided by law at such time as they are
26    received by the county collector.

 

 

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1        (5.75) Notwithstanding any other provision of this
2    Section or the fact that establishment of the new community
3    college district as provided in this subsection does not
4    take effect until July 1, 1996, the members first elected
5    to the board of trustees of the new community college
6    district are authorized to meet, beginning on June 1, 1996
7    and thereafter for purposes of: (i) arranging for and
8    approving educational programs, ancillary services,
9    staffing, and associated expenditures that relate to the
10    offering by the new community college district of
11    educational programs beginning on or after July 1, 1996 and
12    before the fall term of the 1996-97 academic year, and (ii)
13    otherwise facilitating the orderly transition of
14    operations from the experimental district known as State
15    Community College of East St. Louis to the new community
16    college district established under this subsection. The
17    persons elected to serve, pro tempore, as chairperson and
18    secretary of the board for purposes of paragraph (5.5)
19    shall continue to serve in that capacity for purposes of
20    this paragraph (5.75).
21        (6) Except as otherwise provided in paragraphs (5.5)
22    and (5.75), each of the members first elected to the board
23    of the new community college district shall take office on
24    July 1, 1996, and the Illinois Community College Board,
25    publicly by lot and not later than July 1, 1996, shall
26    determine the length of term to be served by each member of

 

 

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1    the initial board as follows: 2 shall serve until their
2    successors are elected at the nonpartisan election in 1997
3    and have qualified, 2 shall serve until their successors
4    are elected at the consolidated election in 1999 and have
5    qualified, and 3 shall serve until their successors are
6    elected at the consolidated election in 2001 and have
7    qualified. Their successors shall serve 6 year terms. Terms
8    of members are subject to Section 2A-54 of the Election
9    Code.
10        (7) The regional superintendent shall convene the
11    initial board of the new community college district on July
12    1, 1996, and the non-voting student member initially
13    selected to that board as provided in Section 3-7.24 shall
14    serve a term beginning on the date of selection and
15    expiring on the next succeeding April 15. Upon being
16    convened on July 1, 1996, the board shall proceed to
17    organize in accordance with Section 3-8, and shall
18    thereafter continue to exercise the powers and duties of a
19    board in the manner provided by law for all boards of
20    community college districts except where obviously
21    inapplicable or otherwise provided by this Act. Vacancies
22    shall be filled, and members shall serve without
23    compensation subject to reimbursement for reasonable
24    expenses incurred in connection with their service as
25    members, as provided in Section 3-7. The duly elected and
26    organized board of the new community college district shall

 

 

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1    levy taxes at a rate not to exceed .175 percent for
2    educational purposes and at a rate not to exceed .05
3    percent for operations and maintenance of facilities
4    purposes; provided that the board may act to increase such
5    rates at a regular election in accordance with Section 3-14
6    and the general election law.
7    (d) (Blank). Upon abolition of the experimental district
8and establishment of the new community college district as
9provided in this Section, all tangible personal property,
10including inventory, equipment, supplies, and library books,
11materials, and collections, belonging to the experimental
12district and State Community College of East St. Louis at the
13time of their abolition under this Section shall be deemed
14transferred, by operation of law, to the board of trustees of
15the new community college district. In addition, all real
16property, and the improvements situated thereon, held by State
17Community College of East St. Louis or on its behalf by its
18board of trustees shall, upon abolition of the experimental
19district and college as provided in this Section, be conveyed
20by the Illinois Community College Board, in the manner
21prescribed by law, to the board of trustees of the new
22community college district established under this Section for
23so long as that real property is used for the conduct and
24operation of a public community college and the related
25purposes of a public community college district of this State.
26Neither the new community college district nor its board of

 

 

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1trustees shall have any responsibility to any vendor or other
2person making a claim relating to the property, inventory, or
3equipment so transferred. On August 22, 1997, the endowment
4funds, gifts, trust funds, and funds from student activity fees
5and the operation of student and staff medical and health
6programs, union buildings, bookstores, campus centers, and
7other auxiliary enterprises and activities that were received
8by the board of trustees of State Community College of East St.
9Louis and held and retained by that board of trustees at the
10time of the abolition of the experimental district and its
11replacement by the new community college district as provided
12in this Section shall be deemed transferred by operation of law
13to the board of trustees of that new community college
14district, to be retained in its own treasury and used in the
15conduct and operation of the affairs and related purposes of
16the new community college district. On August 22, 1997, all
17funds held locally in the State Community College of East St.
18Louis Contracts and Grants Clearing Account, the State
19Community College of East St. Louis Income Fund Clearing
20Account and the Imprest Fund shall be transferred by the Board
21to the General Revenue Fund.
22    (e) (Blank). The outstanding obligations incurred for
23fiscal years prior to fiscal year 1997 by the board of trustees
24of State Community College of East St. Louis before the
25abolition of that college and the experimental district as
26provided in this Section shall be paid by the State Board from

 

 

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1appropriations made to the State Board from the General Revenue
2Fund for purposes of this subsection. To facilitate the
3appropriations to be made for that purpose, the State
4Comptroller and State Treasurer, without delay, shall transfer
5to the General Revenue Fund from the State Community College of
6East St. Louis Income Fund and the State Community College of
7East St. Louis Contracts and Grants Fund, special funds
8previously created in the State Treasury, any balances
9remaining in those special funds on August 22, 1997.
10(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
1190-358, eff. 1-1-98; 90-509, eff. 8-22-97; 90-655, eff.
127-30-98.)
 
13    (110 ILCS 805/2-15)  (from Ch. 122, par. 102-15)
14    Sec. 2-15. Recognition. The State Board shall grant
15recognition to community colleges which maintain equipment,
16courses of study, standards of scholarship and other
17requirements set by the State Board. Application for
18recognition shall be made to the State Board. The State Board
19shall set the criteria by which the community colleges shall be
20judged and through the executive officer of the State Board
21shall arrange for an official evaluation of the community
22colleges and shall grant recognition of such community colleges
23as may meet the required standards.
24    Recognition shall include a review of compliance with
25Section 3-65 of this Act Public Act 99-482 and other applicable

 

 

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1State and federal laws regarding employment contracts and
2compensation. Annually, the State Board shall convene an
3advisory committee to review the findings and make
4recommendations for changes or additions to the laws or the
5review procedures.
6    If a community college district fails to meet the
7recognition standards set by the State Board, and if the
8district, in accordance with: (a) generally accepted
9Government Auditing Standards issued by the Comptroller
10General of the United States, (b) auditing standards
11established by the American Institute of Certified Public
12Accountants, or (c) other applicable State and federal
13standards, is found by the district's auditor or the State
14Board working in cooperation with the district's auditor to
15have material deficiencies in the design or operation of
16financial control structures that could adversely affect the
17district's financial integrity and stability, or is found to
18have misused State or federal funds and jeopardized its
19participation in State or federal programs, the State Board
20may, notwithstanding any laws to the contrary, implement one or
21more of the following emergency powers:
22        (1) To direct the district to develop and implement a
23    plan that addresses the budgetary, programmatic, and other
24    relevant factors contributing to the need to implement
25    emergency measures. The State Board shall assist in the
26    development and shall have final approval of the plan.

 

 

10000HB1940ham001- 21 -LRB100 04620 AXK 38525 a

1        (2) To direct the district to contract for educational
2    services in accordance with Section 3-40. The State Board
3    shall assist in the development and shall have final
4    approval of any such contractual agreements.
5        (3) To approve and require revisions of the district's
6    budget.
7        (4) To appoint a Financial Administrator to exercise
8    oversight and control over the district's budget. The
9    Financial Administrator shall serve at the pleasure of the
10    State Board and may be an individual, partnership,
11    corporation, including an accounting firm, or other entity
12    determined by the State Board to be qualified to serve, and
13    shall be entitled to compensation. Such compensation shall
14    be provided through specific appropriations made to the
15    State Board for that express purpose.
16        (5) To develop and implement a plan providing for the
17    dissolution or reorganization of the district if in the
18    judgment of the State Board the circumstances so require.
19(Source: P.A. 99-691, eff. 1-1-17.)
 
20    (110 ILCS 805/2-16.02)  (from Ch. 122, par. 102-16.02)
21    Sec. 2-16.02. Grants. Any community college district that
22maintains a community college recognized by the State Board
23shall receive, when eligible, grants enumerated in this
24Section. Funded semester credit hours or other measures or both
25as specified by the State Board shall be used to distribute

 

 

10000HB1940ham001- 22 -LRB100 04620 AXK 38525 a

1grants to community colleges. Funded semester credit hours
2shall be defined, for purposes of this Section, as the greater
3of (1) the number of semester credit hours, or equivalent, in
4all funded instructional categories of students who have been
5certified as being in attendance at midterm during the
6respective terms of the base fiscal year or (2) the average of
7semester credit hours, or equivalent, in all funded
8instructional categories of students who have been certified as
9being in attendance at midterm during the respective terms of
10the base fiscal year and the 2 prior fiscal years. For purposes
11of this Section, "base fiscal year" means the fiscal year 2
12years prior to the fiscal year for which the grants are
13appropriated. Such students shall have been residents of
14Illinois and shall have been enrolled in courses that are part
15of instructional program categories approved by the State Board
16and that are applicable toward an associate degree or
17certificate. Courses that are eligible for reimbursement are
18those courses for which the district pays 50% or more of the
19program costs from unrestricted revenue sources, with the
20exception of dual credit courses and courses offered by
21contract with the Department of Corrections in correctional
22institutions. For the purposes of this Section, "unrestricted
23revenue sources" means those revenues in which the provider of
24the revenue imposes no financial limitations upon the district
25as it relates to the expenditure of the funds. Except for
26Fiscal Year 2012, base operating grants shall be paid based on

 

 

10000HB1940ham001- 23 -LRB100 04620 AXK 38525 a

1rates per funded semester credit hour or equivalent calculated
2by the State Board for funded instructional categories using
3cost of instruction, enrollment, inflation, and other relevant
4factors. For Fiscal Year 2012, the allocations for base
5operating grants to community college districts shall be the
6same as they were in Fiscal Year 2011, reduced or increased
7proportionately according to the appropriation for base
8operating grants for Fiscal Year 2012.
9    Equalization grants shall be calculated by the State Board
10by determining a local revenue factor for each district by: (A)
11adding (1) each district's Corporate Personal Property
12Replacement Fund allocations from the base fiscal year or the
13average of the base fiscal year and prior year, whichever is
14less, divided by the applicable statewide average tax rate to
15(2) the district's most recently audited year's equalized
16assessed valuation or the average of the most recently audited
17year and prior year, whichever is less, (B) then dividing by
18the district's audited full-time equivalent resident students
19for the base fiscal year or the average for the base fiscal
20year and the 2 prior fiscal years, whichever is greater, and
21(C) then multiplying by the applicable statewide average tax
22rate. The State Board shall calculate a statewide weighted
23average threshold by applying the same methodology to the
24totals of all districts' Corporate Personal Property Tax
25Replacement Fund allocations, equalized assessed valuations,
26and audited full-time equivalent district resident students

 

 

10000HB1940ham001- 24 -LRB100 04620 AXK 38525 a

1and multiplying by the applicable statewide average tax rate.
2The difference between the statewide weighted average
3threshold and the local revenue factor, multiplied by the
4number of full-time equivalent resident students, shall
5determine the amount of equalization funding that each district
6is eligible to receive. A percentage factor, as determined by
7the State Board, may be applied to the statewide threshold as a
8method for allocating equalization funding. A minimum
9equalization grant of an amount per district as determined by
10the State Board shall be established for any community college
11district which qualifies for an equalization grant based upon
12the preceding criteria, but becomes ineligible for
13equalization funding, or would have received a grant of less
14than the minimum equalization grant, due to threshold
15prorations applied to reduce equalization funding. As of July
161, 2013, a community college district eligible to receive an
17equalization grant based upon the preceding criteria must
18maintain a minimum required combined in-district tuition and
19universal fee rate per semester credit hour equal to 70% of the
20State-average combined rate, as determined by the State Board,
21or the total revenue received by the community college district
22from combined in-district tuition and universal fees must be at
23least 30% of the total revenue received by the community
24college district, as determined by the State Board, for
25equalization funding. As of July 1, 2004, a community college
26district must maintain a minimum required operating tax rate

 

 

10000HB1940ham001- 25 -LRB100 04620 AXK 38525 a

1equal to at least 95% of its maximum authorized tax rate to
2qualify for equalization funding. This 95% minimum tax rate
3requirement shall be based upon the maximum operating tax rate
4as limited by the Property Tax Extension Limitation Law.
5    The State Board shall distribute such other grants as may
6be authorized or appropriated by the General Assembly.
7    Each community college district entitled to State grants
8under this Section must submit a report of its enrollment to
9the State Board not later than 30 days following the end of
10each semester, quarter, or term in a format prescribed by the
11State Board. These semester credit hours, or equivalent, shall
12be certified by each district on forms provided by the State
13Board. Each district's certified semester credit hours, or
14equivalent, are subject to audit pursuant to Section 3-22.1.
15    The State Board shall certify, prepare, and submit monthly
16vouchers to the State Comptroller setting forth an amount equal
17to one-twelfth of the grants approved by the State Board for
18base operating grants and equalization grants. The State Board
19shall prepare and submit to the State Comptroller vouchers for
20payments of other grants as appropriated by the General
21Assembly. If the amount appropriated for grants is different
22from the amount provided for such grants under this Act, the
23grants shall be proportionately reduced or increased
24accordingly.
25    For the purposes of this Section, "resident student" means
26a student in a community college district who maintains

 

 

10000HB1940ham001- 26 -LRB100 04620 AXK 38525 a

1residency in that district or meets other residency definitions
2established by the State Board, and who was enrolled either in
3one of the approved instructional program categories in that
4district, or in another community college district to which the
5resident's district is paying tuition under Section 6-2 or with
6which the resident's district has entered into a cooperative
7agreement in lieu of such tuition. Students shall be classified
8as residents of the community college district without meeting
9the 30-day residency requirement of the district if they are
10currently residing in the district and are youth (i) who are
11currently under the legal guardianship of the Illinois
12Department of Children and Family Services or have recently
13been emancipated from the Department and (ii) who had
14previously met the 30-day residency requirement of the district
15but who had a placement change into a new community college
16district. The student, a caseworker or other personnel of the
17Department, or the student's attorney or guardian ad litem
18appointed under the Juvenile Court Act of 1987 shall provide
19the district with proof of current in-district residency.
20    For the purposes of this Section, a "full-time equivalent"
21student is equal to 30 semester credit hours.
22    The Illinois Community College Board Contracts and Grants
23Fund is hereby created in the State Treasury. Items of income
24to this fund shall include any grants, awards, endowments, or
25like proceeds, and where appropriate, other funds made
26available through contracts with governmental, public, and

 

 

10000HB1940ham001- 27 -LRB100 04620 AXK 38525 a

1private agencies or persons. The General Assembly shall from
2time to time make appropriations payable from such fund for the
3support, improvement, and expenses of the State Board and
4Illinois community college districts.
5(Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14;
699-845, eff. 1-1-17.)
 
7    (110 ILCS 805/2-24)
8    Sec. 2-24. We Want to Learn English Initiative.
9    (a) Subject to appropriation and Section 7 of the Board of
10Higher Education Act, the State Board may establish and
11administer a We Want to Learn English Initiative to provide
12resources for immigrants and refugees in this State to learn
13English in order to move towards becoming full members of
14American society.
15    (b) If funds are Each fiscal year, the State Board may
16include, as a separate line item, in its budget proposal
17$15,000,000 or less in funding for the We Want to Learn English
18Initiative, to be disbursed by the State Board. If the State
19Board decides to disburse the funds appropriated for this
20Initiative, then the State Board it must disburse no less than
21half of the funds appropriated each fiscal year to
22community-based, not-for-profit organizations, immigrant
23social service organizations, faith-based organizations, and
24on-site job training programs so that immigrants and refugees
25can learn English where they live, work, pray, and socialize

 

 

10000HB1940ham001- 28 -LRB100 04620 AXK 38525 a

1and where their children go to school.
2    (c) Funds for the We Want to Learn English Initiative may
3be used only to provide programs that teach English to United
4States citizens, lawful permanent residents, and other persons
5residing in this State who are in lawful immigration status.
6(Source: P.A. 95-638, eff. 6-1-08.)
 
7    (110 ILCS 805/3-7)  (from Ch. 122, par. 103-7)
8    Sec. 3-7. (a) The election of the members of the board of
9trustees shall be nonpartisan and shall be held at the time and
10in the manner provided in the general election law.
11    (b) Unless otherwise provided in this Act, members shall be
12elected to serve 6 year terms. The term of members elected in
131985 and thereafter shall be from the date the member is
14officially determined to be elected to the board by a canvass
15conducted pursuant to the Election Code, to the date that the
16winner of the seat is officially determined by the canvass
17conducted pursuant to the Election Code the next time the seat
18on the board is to be filled by election.
19    (c) Each member must on the date of his election be a
20citizen of the United States, of the age of 18 years or over,
21and a resident of the State and the territory which on the date
22of the election is included in the community college district
23for at least one year immediately preceding his election. In
24Community College District No. 526, each member elected at the
25consolidated election in 2005 or thereafter must also be a

 

 

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1resident of the trustee district he or she represents for at
2least one year immediately preceding his or her election,
3except that in the first consolidated election for each trustee
4district following reapportionment, a candidate for the board
5may be elected from any trustee district that contains a part
6of the trustee district in which he or she resided at the time
7of the reapportionment and may be reelected if a resident of
8the new trustee district he or she represents for one year
9prior to reelection. In the event a person who is a member of a
10common school board is elected or appointed to a board of
11trustees of a community college district, that person shall be
12permitted to serve the remainder of his or her term of office
13as a member of the common school board. Upon the expiration of
14the common school board term, that person shall not be eligible
15for election or appointment to a common school board during the
16term of office with the community college district board of
17trustees.
18    (d) Whenever a vacancy occurs, the remaining members shall
19fill the vacancy, and the person so appointed shall serve until
20a successor is elected to serve the remainder of the unexpired
21term at the next regular election for board members and is
22certified in accordance with Sections 22-17 and 22-18 of the
23Election Code. If the remaining members fail so to act within
2460 days after the vacancy occurs, the chairman of the State
25Board shall fill that vacancy, and the person so appointed
26shall serve until a successor is elected to serve the remainder

 

 

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1of the unexpired term at the next regular election for board
2members and is certified in accordance with Sections 22-17 and
322-18 of the Election Code. The person appointed to fill the
4vacancy shall have the same residential qualifications as his
5predecessor in office was required to have. In either instance,
6if the vacancy occurs with less than 4 months remaining before
7the next scheduled consolidated election, and the term of
8office of the board member vacating the position is not
9scheduled to expire at that election, then the term of the
10person so appointed shall extend through that election and
11until the succeeding consolidated election. If the term of
12office of the board member vacating the position is scheduled
13to expire at the upcoming consolidated election, the appointed
14member shall serve only until a successor is elected and
15qualified at that election.
16    (e) Members of the board shall serve without compensation
17but shall be reimbursed for their reasonable expenses incurred
18in connection with their service as members. Compensation, for
19purposes of this Section, means any salary or other benefits
20not expressly authorized by this Act to be provided or paid to,
21for or on behalf of members of the board. The board of each
22community college district may adopt a policy providing for the
23issuance of bank credit cards, for use by any board member who
24requests the same in writing and agrees to use the card only
25for the reasonable expenses which he or she incurs in
26connection with his or her service as a board member. Expenses

 

 

10000HB1940ham001- 31 -LRB100 04620 AXK 38525 a

1charged to such credit cards shall be accounted for separately
2and shall be submitted to the chief financial officer of the
3district for review prior to being reported to the board at its
4next regular meeting.
5    (f) The Except in an election of the initial board for a
6new community college district created pursuant to Section
76-6.1, the ballot for the election of members of the board for
8a community college district shall indicate the length of term
9for each office to be filled. In the election of a board for
10any community college district, the ballot shall not contain
11any political party designation.
12(Source: P.A. 100-273, eff. 8-22-17.)
 
13    (110 ILCS 805/3-7a)  (was 110 ILCS 805/3-7, subsec. (c))
14    Sec. 3-7a. Trustee districts; Community College District
15No. 522. A board of trustees of a community college district
16which is contiguous or has been contiguous to an experimental
17community college district as authorized and defined by Article
18IV of this Act may, on its own motion, or shall, upon the
19petition of the lesser of 1/10 or 2,000 of the voters
20registered in the district, order submitted to the voters of
21the district at the next general election the proposition for
22the election of board members by trustee district rather than
23at large, and such proposition shall thereupon be certified by
24the secretary of the board to the proper election authority in
25accordance with the general election law for submission.

 

 

10000HB1940ham001- 32 -LRB100 04620 AXK 38525 a

1    If the proposition is approved by a majority of those
2voting on the proposition, the State Board of Elections, in
31991, shall reapportion the trustee districts to reflect the
4results of the last decennial census, and shall divide the
5community college district into 7 trustee districts, each of
6which shall be compact, contiguous and substantially equal in
7population to each other district. In 2001, and in the year
8following each decennial census thereafter, the board of
9trustees of community college District #522 shall reapportion
10the trustee districts to reflect the results of the census, and
11shall divide the community college district into 7 trustee
12districts, each of which shall be compact, contiguous, and
13substantially equal in population to each other district. The
14division of the community college district into trustee
15districts shall be completed and formally approved by a
16majority of the members of the board of trustees of community
17college District #522 in 2001 and in the year following each
18decennial census. At the same meeting of the board of trustees,
19the board shall, publicly by lot, divide the trustee districts
20as equally as possible into 2 groups. Beginning in 2003 and
21every 10 years thereafter, trustees or their successors from
22one group shall be elected for successive terms of 4 years and
236 years; and members or their successors from the second group
24shall be elected for successive terms of 6 years and 4 years.
25One member shall be elected from each such trustee district.
26Each member elected in 2001 shall be elected at the 2001

 

 

10000HB1940ham001- 33 -LRB100 04620 AXK 38525 a

1consolidated election from the trustee districts established
2in 1991. The term of each member elected in 2001 shall end on
3the date that the trustees elected in 2003 are officially
4determined by a canvass conducted pursuant to the Election
5Code.
6(Source: P.A. 97-539, eff. 8-23-11.)
 
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 authorized
9by law, the board of a community college district (1) whose
10boundaries are entirely within a county with a population in
11excess of 2 million persons and (2) which was organized as a
12public junior college prior to October 1, 1973, and (3) whose
13existence was validated by an Act filed with the Secretary of
14State on May 31, 1937, may levy an additional tax upon the
15taxable property of the district in any year in which the State
16Board issues a certificate of eligibility to do so. The
17additional tax may be used to increase the total taxing
18authority of the district to the rate of 23.54 cents per $100
19of equalized assessed value for educational and operations,
20building and maintenance purposes.
21    In order to be eligible to levy the additional tax as
22provided herein, the district shall have been eligible to
23receive equalization grants pursuant to Section 2-16.02 102-16
24for each of the five fiscal years in the period 1984 to 1988.
25    The additional amount certified by the State Board to be

 

 

10000HB1940ham001- 34 -LRB100 04620 AXK 38525 a

1levied shall not exceed the combined increases in the
2educational and operations, building and maintenance purposes
3funds authorized in Section 3-14. The State Board shall notify
4the board of trustees of the community college district of its
5eligibility to levy additional taxes as authorized in this
6Section and the amount of such levy, by November 1, 1988.
7    A resolution, adopted pursuant to the provisions of the
8Open Meetings Act, which expresses the district's intent to
9levy such a tax, or a portion thereof, when accompanied by the
10State Board certificate of eligibility, shall be the authority
11for the county clerk or clerks to extend such a tax. The
12district board shall cause a copy of the resolution to be
13published in one or more newspapers published in the district
14within 10 days after such levy is made. If no newspaper is
15published in the district, the resolution shall be published in
16a newspaper having general circulation within the district. The
17publication of the resolution shall include a notice of (1) the
18specific number of voters required to sign a petition
19requesting that the question of the adoption of the tax levy be
20submitted to the voters of the district; (2) the time within
21which the petition must be filed; and (3) the date of the
22prospective referendum. The district secretary shall provide a
23petition form to any individual requesting one.
24    If within 30 days of the adoption of such additional levy,
25a petition is filed with the secretary of the board of
26trustees, signed by not less than 10% of the voters of the

 

 

10000HB1940ham001- 35 -LRB100 04620 AXK 38525 a

1district, requesting that the proposition to levy such
2additional taxes as authorized by this Section be submitted to
3the voters of the district, then the district shall not be
4authorized to levy such additional taxes as permitted by this
5Section until the proposition has been submitted to and
6approved by a majority of the voters voting on the proposition
7at a regularly scheduled election in the manner provided in the
8general election law. The secretary shall certify the
9proposition to the proper election authority for submission to
10the voters. If no such petition with the requisite number of
11signatures and which is otherwise valid is filed within such 30
12day period, then the district shall thereafter be authorized to
13levy such additional taxes as provided and for the purposes
14expressed in this Section.
15(Source: P.A. 85-1150; 86-1253.)
 
16    (110 ILCS 805/3-14.3)  (from Ch. 122, par. 103-14.3)
17    Sec. 3-14.3. In addition to any other tax levies authorized
18by law, the board of a community college district may levy an
19additional tax upon the taxable property of the district in any
20year in which the State Board issues a certificate of
21eligibility to do so. The additional tax may be used to
22increase the total taxing authority of the district to the most
23recently reported statewide average actual levy rate in cents
24per $100 of equalized assessed value for educational and
25operations and maintenance purposes as certified by the State

 

 

10000HB1940ham001- 36 -LRB100 04620 AXK 38525 a

1Board.
2    In order to be eligible to levy the additional tax as
3provided herein, the district shall have been eligible to
4receive equalization grants pursuant to Section 2-16 or
52-16.02, as the case may be, in the year of eligibility
6certification or in the previous fiscal year.
7    The additional amount certified by the State Board to be
8levied shall not exceed the combined increases in the
9educational and operations and maintenance purposes funds
10authorized in Section 3-14. The State Board shall notify the
11board of trustees of the community college district of its
12eligibility to levy additional taxes as authorized in this
13Section and the amount of such levy, by November 1 of each
14year.
15    A resolution, adopted annually pursuant to the provisions
16of the Open Meetings Act, which expresses the district's intent
17to levy such a tax, or a portion thereof, when accompanied by
18the State Board certificate of eligibility, shall be the
19authority for the county clerk or clerks to extend such a tax.
20Within 10 days after adoption of such resolution, the district
21shall cause to be published the resolution in at least one or
22more newspapers published in the district. The publication of
23the resolution shall include a notice of (1) the specific
24number of voters required to sign a petition requesting that
25the proposition of the adoption of the resolution be submitted
26to the voters of the district; (2) the time in which the

 

 

10000HB1940ham001- 37 -LRB100 04620 AXK 38525 a

1petition must be filed; and (3) the date of the prospective
2referendum. The secretary shall provide a petition form to any
3individual requesting one.
4    If within 30 days of the annual adoption of such additional
5levy, a petition is filed with the secretary of the board of
6trustees, signed by not less than 10% of the registered voters
7of the district, requesting that the proposition to levy such
8additional taxes as authorized by this Section be submitted to
9the voters of the district, then the district shall not be
10authorized to levy such additional taxes as permitted by this
11Section until the proposition has been submitted to and
12approved by a majority of the voters voting on the proposition
13at a regularly scheduled election in the manner provided in the
14general election law. The secretary shall certify the
15proposition to the proper election authority for submission to
16the voters. If no such petition with the requisite number of
17signatures and which is otherwise valid is filed within such 30
18day period, then the district shall be authorized to levy such
19additional taxes as provided for the purposes expressed in this
20Section.
21(Source: P.A. 86-360; 87-1018.)
 
22    (110 ILCS 805/3-20.1)  (from Ch. 122, par. 103-20.1)
23    Sec. 3-20.1. The board of each community college district
24shall within or before the first quarter of each fiscal year,
25adopt an annual budget which it deems necessary to defray all

 

 

10000HB1940ham001- 38 -LRB100 04620 AXK 38525 a

1necessary expenses and liabilities of the district, and in such
2annual budget shall specify the objects and purposes of each
3item and amount needed for each object or purpose. The board of
4each community college district shall file a written or
5electronic copy of the annual budget with the State Board.
6    The budget shall contain a statement of the cash on hand at
7the beginning of the fiscal year, an estimate of the cash
8expected to be received during such fiscal year from all
9sources, an estimate of the expenditures contemplated for such
10fiscal year, and a statement of the estimated cash expected to
11be on hand at the end of such year. The estimate of taxes to be
12received may be based upon the amount of actual cash receipts
13that may reasonably be expected by the district during such
14fiscal year, estimated from the experience of the district in
15prior years and with due regard for other circumstances that
16may substantially affect such receipts. Nothing in this Section
17shall be construed as requiring any district to change or
18preventing any district from changing from a cash basis of
19financing to a surplus or deficit basis of financing; or as
20requiring any district to change or preventing any district
21from changing its system of accounting.
22    The board of each community college district shall fix a
23fiscal year. If the beginning of the fiscal year of a district
24is subsequent to the time that the tax levy for such fiscal
25year shall be made, then such annual budget shall be adopted
26prior to the time such tax levy shall be made.

 

 

10000HB1940ham001- 39 -LRB100 04620 AXK 38525 a

1    Such budget shall be prepared in tentative form by some
2person or persons designated by the board, and in such
3tentative form shall be made conveniently available to public
4inspection for at least 30 days prior to final action thereon.
5At least one public hearing shall be held as to such budget
6prior to final action thereon. Notice of availability for
7public inspection and of such public hearing shall be given by
8publication in a newspaper published in such district, at least
930 days prior to the time of such hearing. If there is no
10newspaper published in such district, notice of such public
11hearing shall be given by publication in a newspaper having
12general circulation within the district posting notices
13thereof in 5 of the most public places in such district. It
14shall be the duty of the secretary of the board to make the
15tentative budget available to public inspection, and to arrange
16for such public hearing. The board may from time to time make
17transfers between the various items in any fund not exceeding
18in the aggregate 10% of the total of such fund as set forth in
19the budget. The board may amend the annual budget from time to
20time at a regular meeting of the board if public notice of any
21amendment is provided pursuant to the Open Meetings Act. The
22board may from time to time amend such budget by the same
23procedure as is herein provided for its original adoption.
24(Source: P.A. 78-669.)
 
25    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)

 

 

10000HB1940ham001- 40 -LRB100 04620 AXK 38525 a

1    Sec. 3-22.1. To cause an audit to be made as of the end of
2each fiscal year by an accountant licensed to practice public
3accounting in Illinois and appointed by the board. The auditor
4shall perform his or her examination in accordance with
5generally accepted auditing standards and regulations
6prescribed by the State Board, and submit his or her report
7thereon in accordance with generally accepted accounting
8principles. The examination and report shall include a
9verification of student enrollments and any other bases upon
10which claims are filed with the State Board. The audit report
11shall include a statement of the scope and findings of the
12audit and a professional opinion signed by the auditor. If a
13professional opinion is denied by the auditor he or she shall
14set forth the reasons for that denial. The board shall not
15limit the scope of the examination to the extent that the
16effect of such limitation will result in the qualification of
17the auditor's professional opinion. The procedures for payment
18for the expenses of the audit shall be in accordance with
19Section 9 of the Governmental Account Audit Act. Copies of the
20audit report shall be filed with the State Board in accordance
21with regulations prescribed by the State Board. The State Board
22shall file one copy of the audit report with the Auditor
23General.
24(Source: P.A. 99-655, eff. 7-28-16.)
 
25    (110 ILCS 805/3-25.1)  (from Ch. 122, par. 103-25.1)

 

 

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1    Sec. 3-25.1. To authorize application to the State Illinois
2Community College Board for the approval of new units of
3instruction, research or public service as defined in this
4Section and to establish such new units following approval in
5accordance with the provisions of this Act and the Board of
6Higher Education Act.
7    The term "new unit of instruction, research or public
8service" includes the establishment of a college, school,
9division, institute, department or other unit including majors
10and curricula in any field of instruction, research, or public
11service not theretofore included in the program of the
12community college, and includes the establishment of any new
13branch or campus of the institution. The term shall not include
14reasonable and moderate extensions of existing curricula,
15research, or public service programs which have a direct
16relationship to existing programs; and the State Board may,
17under its rule making power define the character of reasonable
18and moderate extensions.
19(Source: P.A. 88-322.)
 
20    (110 ILCS 805/3-26.1)  (from Ch. 122, par. 103-26.1)
21    Sec. 3-26.1. Any employee of a community college board who
22is a member of any reserve component of the United States Armed
23Services, including the Illinois National Guard, and who is
24mobilized to active military duty on or after August 1, 1990 as
25a result of an order of the President of the United States,

 

 

10000HB1940ham001- 42 -LRB100 04620 AXK 38525 a

1shall for each pay period beginning on or after August 1, 1990
2continue to receive the same regular compensation that he
3receives or was receiving as an employee of the community
4college board at the time he is or was so mobilized to active
5military duty, plus any health insurance and other benefits he
6is or was receiving or accruing at that time, minus the amount
7of his base pay for military service, for the duration of his
8active military service. If the employee's active military duty
9commences on or after the effective date of this amendatory Act
10of the 100th General Assembly, the military duty shall not
11result in the loss or diminishment of any employment benefit,
12service credit, or status accrued at the time the duty
13commenced.
14    In the event any provision of a collective bargaining
15agreement or any community college board or district policy
16covering any employee so ordered to active duty is more
17generous than the provisions contained in this Section the
18collective bargaining agreement or community college board or
19district policy shall be controlling.
20(Source: P.A. 87-631.)
 
21    (110 ILCS 805/3-29)  (from Ch. 122, par. 103-29)
22    Sec. 3-29. To indemnify and protect board members and ,
23employees, and student teachers of boards against civil rights
24damage claims and suits, constitutional rights damage claims
25and suits, death, bodily injury and property damage claims and

 

 

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1suits, including defense thereof, when damages are sought for
2alleged negligent or wrongful acts while such board member or ,
3employee or student teacher is engaged in the exercise or
4performance of any powers or duties of the board, or is acting
5within the scope of employment or under the direction of the
6community college board.
7    To insure against any loss or liability of the district or
8board members and , employees, and student teachers of boards
9against civil rights damage claims and suits, constitutional
10rights damage claims and suits and death, bodily injury and
11property damage claims and suits, including defense thereof,
12when damages are sought for alleged negligent or wrongful acts
13while such board member or , employee, or student teacher is
14engaged in the exercise or performance of any powers or duties
15of the board, or is acting within the scope of employment or
16under the direction of the board. Such insurance shall be
17carried in a company licensed to write such coverage in this
18State.
19(Source: P.A. 83-1391.)
 
20    (110 ILCS 805/3-40)  (from Ch. 122, par. 103-40)
21    Sec. 3-40. To enter into contracts or agreements with any
22person, organization, association, educational institution, or
23governmental agency for providing or securing educational
24services for academic credit. The authority of any community
25college district to exercise the powers granted under this

 

 

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1Section is subject to the prior review and approval of the
2State Board under subsection (i) of Section 2—12 of this Act.
3Any initial contract with a public university or a private
4degree-granting college or university entered into on or after
5July 1, 1985 but before July 1, 2016 shall have prior approval
6of the State Board and the Illinois Board of Higher Education.
7Any initial contract with a public university or a private
8degree-granting college or university entered into on or after
9July 1, 2016 shall have prior approval of the State Board.
10(Source: P.A. 99-655, eff. 7-28-16.)
 
11    (110 ILCS 805/3-42.1)  (from Ch. 122, par. 103-42.1)
12    Sec. 3-42.1. (a) To appoint law enforcement officer and
13non-law enforcement officer members of the community college
14district police department or department of public safety.
15    (b) Members of the community college district police
16department or department of public safety who are law
17enforcement officers, as defined in the Illinois Police
18Training Act, shall be peace officers under the laws of this
19State. As such, law enforcement officer members of these
20departments shall have all of the powers of police officers in
21cities and sheriffs in counties, including the power to make
22arrests on view or on warrants for violations of State statutes
23and to enforce county or city ordinances in all counties that
24lie within the community college district, when such is
25required for the protection of community college personnel,

 

 

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1students, property, or interests. Such officers shall have no
2power to serve and execute civil process.
3    As peace officers in this State, all laws pertaining to
4hiring, training, retention, service authority, and discipline
5of police officers, under State law, shall apply. Law
6enforcement officer members must complete the minimum basic
7training requirements of a police training school under the
8Illinois Police Training Act. Law enforcement officer members
9who have successfully completed an Illinois Law Enforcement
10Training and Standards Board certified firearms course shall be
11equipped with appropriate firearms and auxiliary weapons.
12    (c) Non-law enforcement officer members of the community
13college police, public safety, or security departments whose
14job requirements include performing patrol and security type
15functions shall, within 6 months after their initial hiring
16date or the effective date of this amendatory Act of the 96th
17General Assembly, whichever is later, be required to
18successfully complete the 20-hour basic security training
19course required by (i) the Department of Financial and
20Professional Regulation, Division of Professional Regulation
21for Security Officers, (ii) by the International Association of
22College Law Enforcement Administrators, or (iii) campus
23protection officer training program or a similar course
24certified and approved by the Illinois Law Enforcement Training
25and Standards Board. They shall also be permitted to become
26members of an Illinois State Training Board Mobile Training

 

 

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1Unit and shall complete 8 hours in continuing training, related
2to their specific position of employment, each year. The board
3may establish reasonable eligibility requirements for
4appointment and retention of non-law enforcement officer
5members.
6    All non-law enforcement officer members authorized to
7carry weapons, other than firearms, shall receive training on
8the proper deployment and use of force regarding such weapons.
9(Source: P.A. 96-269, eff. 8-11-09.)
 
10    (110 ILCS 805/3-48)  (from Ch. 122, par. 103-48)
11    Sec. 3-48. Interest of board member in contracts.
12    (a) Except as otherwise provided in this Section, no No
13community college board member shall be interested, directly or
14indirectly, in his own name or in the name of any other person,
15association, trust or corporation, in any contract, work, or
16business of the district or in the sale of any article,
17whenever the expense, price, or consideration of the contract,
18work, business, or sale is paid either from the treasury or by
19any assessment levied by any statute or ordinance. A community
20college board member shall not be deemed interested if the
21board member is an employee of a business that is involved in
22the transaction of business with the district and has no
23financial interests other than as an employee. Except as
24otherwise provided in this Section, no No community college
25board member shall be interested, directly or indirectly, in

 

 

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1the purchase of any property which (1) belongs to the district,
2or (2) is sold for taxes or assessments, or (3) is sold by
3virtue of legal process at the suit of the district.
4    (b) A However, any board member may provide materials,
5merchandise, property, services, or labor, if:
6        A. the contract is with a person, firm, partnership,
7    association, corporation, or cooperative association in
8    which the board member has less than a 7 1/2% share in the
9    ownership; and
10        B. such interested board member publicly discloses the
11    nature and extent of his interest prior to or during
12    deliberations concerning the proposed award of the
13    contract; and
14        C. such interested board member abstains from voting on
15    the award of the contract, though he shall be considered
16    present for the purposes of establishing a quorum; and
17        D. such contract is approved by a majority vote of
18    those board members presently holding office; and
19        E. the contract is awarded after sealed bids to the
20    lowest responsible bidder if the amount of the contract
21    exceeds $1500, or awarded without bidding if the amount of
22    the contract is less than $1500; and
23        F. the award of the contract would not cause the
24    aggregate amount of all such contracts so awarded to the
25    same person, firm, association, partnership, corporation,
26    or cooperative association in the same fiscal year to

 

 

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1    exceed $25,000.
2    (c) In addition to the exemptions under subsection (b) of
3this Section, a above exemption, any board member may provide
4materials, merchandise, property, services or labor if:
5        A. the award of the contract is approved by a majority
6    vote of the board provided that any such interested member
7    shall abstain from voting; and
8        B. the amount of the contract does not exceed $250; and
9        C. the award of the contract would not cause the
10    aggregate amount of all such contracts so awarded to the
11    same person, firm, association, partnership, corporation,
12    or cooperative association in the same fiscal year to
13    exceed $500; and
14        D. such interested member publicly discloses the
15    nature and extent of his interest prior to or during
16    deliberations concerning the proposed award of the
17    contract; and
18        E. such interested member abstains from voting on the
19    award of the contract, though he shall be considered
20    present for the purposes of establishing a quorum.
21    (d) A contract for the procurement of public utility
22services by a district with a public utility company is not
23barred by this Section by one or more members of the board
24being an officer or employee of the public utility company or
25holding an ownership interest of no more than 7 1/2% in the
26public utility company. A An elected or appointed member of the

 

 

10000HB1940ham001- 49 -LRB100 04620 AXK 38525 a

1board having such an interest shall be deemed not to have a
2prohibited interest under this Section.
3    (e) This Section does not prohibit a student member of the
4board from maintaining official status as an enrolled student,
5from maintaining normal student employment at the college or
6from receiving scholarships or grants when the eligibility for
7the scholarships or grants is not determined by the board.
8    (f) Nothing contained in this Section shall preclude a
9contract of deposit of monies, loans or other financial
10services by a district with a local bank or local savings and
11loan association, regardless of whether a member or members of
12the community college board are interested in such bank or
13savings and loan association as a director, as an officer or
14employee or as a holder of less than 7 1/2% of the total
15ownership interest. A member or members holding such an
16interest in such a contract shall not be deemed to be holding a
17prohibited interest for purposes of this Act. Such interested
18member or members of the community college board must publicly
19state the nature and extent of their interest during
20deliberations concerning the proposed award of such a contract,
21but shall not participate in any further deliberations
22concerning the proposed award. Such interested member or
23members shall not vote on such a proposed award. Any member or
24members abstaining from participation in deliberations and
25voting under this Section may be considered present for
26purposes of establishing a quorum. Award of such a contract

 

 

10000HB1940ham001- 50 -LRB100 04620 AXK 38525 a

1shall require approval by a majority vote of those members
2presently holding office. Consideration and award of any such
3contract in which a member or members are interested may only
4be made at a regularly scheduled public meeting of the
5community college board.
6    (g) Any board member who violates this Section is guilty of
7a Class 4 felony and in addition thereto any office held by
8such person so convicted shall become vacant and shall be so
9declared as part of the judgment of the court.
10(Source: P.A. 86-930.)
 
11    (110 ILCS 805/3-53)
12    Sec. 3-53. Private-public partnership boards.
13    (a) In this Section:
14    "Advanced manufacturing technology" means a program of
15study that leads students to an industry certification,
16diploma, degree, or combination of these in skills and
17competencies needed by manufacturers.
18    "Industry certification" means an industry-recognized
19credential that is (i) industry created, (ii) nationally
20portable, (iii) third-party-validated by either the
21International Organization for Standardization or the American
22National Standards Institute and is data-based and supported.
23    "Institution" means a public high school or community
24college, including a community college in a community college
25district to which Article 7 of this Act applies, that offers

 

 

10000HB1940ham001- 51 -LRB100 04620 AXK 38525 a

1instruction in advanced manufacturing technology for credit
2towards a degree.
3    "Private-public partnership board" means a formal group of
4volunteers within a community college district that may be
5comprised of some, but not necessarily all, of the following:
6local and regional manufacturers, applicable labor unions,
7community college officials, school district superintendents,
8high school principals, workforce investment boards, or other
9individuals willing to participate.
10    (b) The creation of a private-public partnership board is
11encouraged and may be authorized at each community college. A
12board, if created, shall meet no less than 5 of the following
13criteria:
14        (1) be minimally comprised of those entities described
15    in subsection (a) of this Section;
16        (2) be led cooperatively by a manufacturer, a school
17    district superintendent, and a community college president
18    or their designees;
19        (3) meet no less than 4 times each year during State
20    fiscal years 2015 and 2016 and thereafter no less than
21    twice each State fiscal year;
22        (4) encourage and define the implementation of
23    programs of study in advanced manufacturing technology to
24    meet the competency and skill demands of manufacturers;
25        (5) define a minimum of 4 programs of study in advanced
26    manufacturing technology to meet the needs of the broadest

 

 

10000HB1940ham001- 52 -LRB100 04620 AXK 38525 a

1    number of manufacturers in the area;
2        (6) encourage formal alignment and dual-credit
3    opportunities for high school students who begin advanced
4    manufacturing technology training to transition to
5    community college programs of study in advanced
6    manufacturing technology; and
7        (7) establish, as its foundation, the certified
8    production technician credential offered by the
9    Manufacturing Skill Standards Council or its successor
10    entity.
11(Source: P.A. 98-1069, eff. 8-26-14.)
 
12    (110 ILCS 805/5-3)  (from Ch. 122, par. 105-3)
13    Sec. 5-3. Community college districts desiring to
14participate in the program authorized in Section 5-1 of this
15Act shall make a written application to the State Board on
16forms provided by such Board. The State Board may require the
17following information:
18        (a) Description of present facilities and those
19    planned for construction.
20        (b) Present community college enrollment.
21        (c) (Blank). The projected enrollment over the next 5
22    years. However, no application shall be accepted unless
23    such district contains 3 counties, or that portion of 3
24    counties not included in an existing community college
25    district, or the projected enrollment shows more than 1,000

 

 

10000HB1940ham001- 53 -LRB100 04620 AXK 38525 a

1    fulltime equivalent students within 5 years in districts
2    outside the Chicago standard metropolitan area and more
3    than 2,000 fulltime equivalent students in the Chicago
4    standard metropolitan area, such area as defined by U.S.
5    Bureau of Census.
6        (d) Outline of community college curricula, including
7    vocational and technical education, present and proposed.
8        (e) District financial report including financing
9    plans for district's share of costs.
10        (f) Facts showing adequate standards for the physical
11    plant, heating, lighting, ventilation, sanitation, safety,
12    equipment and supplies, instruction and teaching,
13    curricula, library, operation, maintenance, administration
14    and supervision.
15        (g) Survey of the existing community college or
16    proposed community college service area and the proper
17    location of the site in relation to the existing
18    institutions of higher education offering
19    pre-professional, occupational and technical training
20    curricula. The factual survey must show the possible
21    enrollment, assessed valuation, industrial, business,
22    agricultural and other conditions reflecting educational
23    needs in the area to be served; however, no community
24    college will be authorized in any location which, on the
25    basis of the evidence supplied by the factual survey, shall
26    be deemed inadequate for the maintenance of desirable

 

 

10000HB1940ham001- 54 -LRB100 04620 AXK 38525 a

1    standards for the offering of basic subjects of general
2    education, semiprofessional and technical curricula.
3        (h) Such other information as the State Board may
4    require.
5(Source: P.A. 78-669.)
 
6    (110 ILCS 805/5-4)  (from Ch. 122, par. 105-4)
7    Sec. 5-4. Any community college district desiring to
8participate in the program for new academic facilities or any
9facilities built or bought under contract entered into after
10July 7, 1964, shall file an application with the State Board
11prior to such dates as are designated by the State Board. The
12State Board in providing priorities if such are needed because
13of limited funds shall be regulated by objective criteria which
14shall be such as will tend best to achieve the objectives of
15this Article, while leaving opportunity and flexibility for the
16development of standards and methods that will best accommodate
17the varied needs of the community colleges in the State. Basic
18criteria shall give special consideration to the expansion of
19enrollment capacity and shall include consideration of the
20degree to which the applicant districts effectively utilize
21existing facilities and which allow the Board, for priority
22purposes, to provide for the grouping in a reasonable manner,
23the application for facilities according to functional or
24educational type.
25(Source: P.A. 78-669.)
 

 

 

10000HB1940ham001- 55 -LRB100 04620 AXK 38525 a

1    (110 ILCS 805/5-6)  (from Ch. 122, par. 105-6)
2    Sec. 5-6. Any community college district may, as a part of
3its 25% contribution for building purposes, contribute real
4property situated within the geographical boundaries of such
5community college district at market value as determined at the
6time the contribution is made to the Capital Development Board
7in accordance with the program and budget, the plan as approved
8by the State Board by 3 licensed appraisers appointed by the
9State Board, except that where a community college district has
10acquired such lands without cost or for a consideration
11substantially less than the market value thereof at the time of
12acquisition, the amount of the community college district's
13contribution for the land shall be limited (a) to the
14difference, if any, between the appraised market value at the
15time of acquisition and the appraised market value at the time
16the contribution is made to the Capital Development Board, if
17the grantor is the Federal government, (except that no property
18acquired prior to December 18, 1975 shall be affected by the
19provisions of this section), or any department, agency, board
20or commission thereof or (b) to the actual amount, if any, of
21the consideration paid for the land if the grantor is the State
22of Illinois or any department, agency, board or commission
23thereof.
24    In the event the highest appraisal exceeds the average of
25the other two appraisals by more than 10%, such appraisal shall

 

 

10000HB1940ham001- 56 -LRB100 04620 AXK 38525 a

1not be considered in determining the market value of the land
2and a new appraiser shall be appointed by the State Board, who
3shall re-appraise the land. The re-appraisal shall then become
4the third appraisal as required by this section. The cost of
5the appraisement shall be paid by the community college
6district.
7(Source: P.A. 84-1308.)
 
8    (110 ILCS 805/5-7)  (from Ch. 122, par. 105-7)
9    Sec. 5-7. Transfer of funds or designation of real
10property. As part of Prior to entering into an agreement with
11the Capital Development Board, the community college board
12shall transfer to the Capital Development Board funds or
13designate for building purposes any real property it may own,
14either improved or unimproved, situated within the
15geographical boundaries of such community college district, or
16both, in an amount equal to at least 25% of the total amount
17necessary to finance the project, except that no real property
18may be so designated, unless prior to its acquisition by the
19community college district after December 18, 1975 the Capital
20Development Board has had an opportunity to evaluate the land
21and issue a report concerning its suitability for construction
22purposes. Of the total funds transferred from the community
23college board to the Capital Development Board, an amount equal
24to 40% of each of the fees under an architect or engineer
25contract, including any reimbursable items under the contract

 

 

10000HB1940ham001- 57 -LRB100 04620 AXK 38525 a

1to cover contractual obligations through the design
2development phase of the project, shall be transferred prior to
3the signing of the contract. Prior to approval to proceed
4beyond the design development stage or to advertising the first
5bid package of a phased-bid project, whichever comes first, the
6community college board shall transfer funds to the Capital
7Development Board in an amount equal to the balance of the
8local share of the total project cost. For the purposes of this
9Section, the proceeds derived from the sale of bonds as
10provided in this Act, any lands designated as all or part of
11the 25% contribution by the community college district or any
12other money available to the community college for building
13purposes may be used.
14(Source: P.A. 89-281, eff. 8-10-95.)
 
15    (110 ILCS 805/5A-15)
16    Sec. 5A-15. Guaranteed energy savings contract.
17"Guaranteed energy savings contract" means a contract for: (i)
18the implementation of an energy audit, data collection, and
19other related analyses preliminary to the undertaking of energy
20conservation measures; (ii) the evaluation and recommendation
21of energy conservation measures; (iii) the implementation of
22one or more energy conservation measures; and (iv) the
23implementation of project monitoring and data collection to
24verify post-installation energy consumption and energy-related
25operating costs. The contract shall provide that all payments,

 

 

10000HB1940ham001- 58 -LRB100 04620 AXK 38525 a

1except obligations on termination of the contract before its
2expiration, are to be made over time and that the savings are
3guaranteed to the extent necessary to pay the costs of the
4energy conservation measures. Energy savings may include
5energy reduction and offsetting sources of renewable energy
6funds, including renewable energy credits and carbon credits.
7(Source: P.A. 88-173.)
 
8    (110 ILCS 805/5A-25)
9    Sec. 5A-25. Request for proposals. "Request for proposals"
10means a competitive selection achieved by negotiated
11procurement. The request for proposals shall be submitted to
12the administrators of the Capital Development Board announced
13in the Illinois Procurement Bulletin for publication and
14through at least one public notice, at least 14 days before the
15request date in a newspaper published in the district, or if no
16newspaper is published in the district, in a newspaper of
17general circulation in the area of the district, by a community
18college district that will administer the program, requesting
19innovative solutions and proposals for energy conservation
20measures. Proposals submitted shall be sealed. The request for
21proposals shall include all of the following:
22        (1) The name and address of the community college
23    district.
24        (2) The name, address, title, and phone number of a
25    contact person.

 

 

10000HB1940ham001- 59 -LRB100 04620 AXK 38525 a

1        (3) Notice indicating that the community college
2    district is requesting qualified providers to propose
3    energy conservation measures through a guaranteed energy
4    savings contract.
5        (4) The date, time, and place where proposals must be
6    received.
7        (5) The evaluation criteria for assessing the
8    proposals.
9        (6) Any other stipulations and clarifications the
10    community college district may require.
11(Source: P.A. 94-1062, eff. 7-31-06.)
 
12    (110 ILCS 805/5A-35)
13    Sec. 5A-35. Award of guaranteed energy savings contract.
14Sealed proposals must be opened by a member or employee of the
15community college board at a public opening at which the
16contents of the proposals must be announced. Each person or
17entity submitting a sealed proposal must receive at least 10
18days notice of the time and place of the opening. The community
19college district shall select the qualified provider that best
20meets the needs of the district. The community college district
21shall provide public notice of the meeting at which it proposes
22to award a guaranteed energy savings contract of the names of
23the parties to the proposed contract and of the purpose of the
24contract. The public notice shall be made at least 10 days
25prior to the meeting. After evaluating the proposals under

 

 

10000HB1940ham001- 60 -LRB100 04620 AXK 38525 a

1Section 5A-30, a community college district may enter into a
2guaranteed energy savings contract with a qualified provider if
3it finds that the amount it would spend on the energy
4conservation measures recommended in the proposal would not
5exceed the amount to be saved in either energy or operational
6costs, or both, within a 20-year period from the date of
7installation, if the recommendations in the proposal are
8followed. Contracts let or awarded shall be submitted to the
9administrators of the Capital Development Board Procurement
10Bulletin for publication published in the next available
11subsequent Illinois Procurement Bulletin.
12(Source: P.A. 94-1062, eff. 7-31-06.)
 
13    (110 ILCS 805/5A-45)
14    Sec. 5A-45. Installment payment contract; lease purchase
15agreement. A community college district or 2 or more such
16districts in combination may enter into an installment payment
17contract or lease purchase agreement with a qualified provider
18or with a third-party lender, as authorized by law, for the the
19funding or financing of the purchase and installation of energy
20conservation measures by a qualified provider. Every community
21college district may issue certificates evidencing the
22indebtedness incurred pursuant to the contracts or agreements.
23Any such contract or agreement shall be valid whether or not an
24appropriation with respect thereto is first included in any
25annual or additional or supplemental budget adopted by the

 

 

10000HB1940ham001- 61 -LRB100 04620 AXK 38525 a

1community college district. Each contract or agreement entered
2into by a community college district pursuant to this Section
3shall be authorized by official action resolution of the
4community college board. The authority granted under this
5Section is in addition to any other authority granted by law.
6(Source: P.A. 95-612, eff. 9-11-07.)
 
7    (110 ILCS 805/6-2)  (from Ch. 122, par. 106-2)
8    Sec. 6-2. Any graduate of a recognized high school or
9student otherwise qualified to attend a public community
10college and residing outside a community college district but
11within this State who notifies the board of education of his
12district may, subject to Section 3-17, attend any recognized
13public community college in the State at the tuition rate of a
14student residing in the district. Subject to appropriation,
15which he chooses, and the State Board board of education of
16that district shall pay the difference between the in-district
17and out-of-district tuition amounts to the community college
18district his tuition, as defined herein, for any semester,
19quarter or term of that academic year and the following summer
20term from the educational fund or the proceeds of a levy made
21under Section 6-1. In addition, any graduate of a recognized
22high school or student otherwise qualified to attend a public
23community college and residing in a new community college
24district formed pursuant to Section 6-6.1 who notifies the
25board of education of his district may, subject to the

 

 

10000HB1940ham001- 62 -LRB100 04620 AXK 38525 a

1provisions of Section 3-17, attend any recognized public
2community college in the State, and the board of education of
3that district shall pay his tuition until January 1, 1991. If a
4resident is not eligible for tuition for a summer term because
5he did not notify his board of education by the previous
6September 15, he may become eligible for that tuition for a
7summer term by giving notice to the board of education by May
815 preceding his enrollment for the summer term. Such tuition
9may not exceed the per capita cost of the community college
10attended for the previous year, or in the case of the first
11year of operation the estimated per capita cost, less certain
12deductions to be computed in the manner set forth below. The
13community college per capita cost shall be computed, in a
14manner consistent with any accounting system prescribed by the
15State Board, by adding all of the non-capital expenditures,
16including interest, to the depreciation on capital outlay
17expenditures paid from sources other than State and Federal
18funds and then dividing by the number of full-time equivalent
19students for the fiscal year as defined in this Section. The
20community college tuition to be charged to the district of the
21student's residence shall be computed, in a manner consistent
22with any accounting system prescribed by the State Board, by
23adding all of the non-capital expenditures for the previous
24year, including interest, to the depreciation on capital outlay
25expenditures paid from sources other than State and Federal
26funds less any payments toward non-capital expenditures

 

 

10000HB1940ham001- 63 -LRB100 04620 AXK 38525 a

1received from State and Federal sources for the previous year
2except grants through the State Board, as authorized in Section
32-16 or 2-16.02, as the case may be, and then dividing by the
4number of full-time equivalent students for that fiscal year as
5defined in this Section; this average per student computation
6shall be converted to a semester hour or quarter hour base and
7further reduced by the combined rate of State grants other than
8equalization grants for the current year as provided for in
9Section 2-16.02 and any rate of tuition and fees assessed all
10students for the current year as authorized in Section 6-4.
11    Any person who has notified the board of education of his
12or her district as provided above and who is a resident of that
13district at the time of such notification shall have his or her
14tuition paid by that district for that academic year and the
15following summer term so long as he or she resides in Illinois
16outside a community college district. If he or she becomes a
17resident of a community college district, he or she shall be
18classified as a resident of that district at the beginning of
19any semester, quarter or term following that change of
20residence and the State Board shall no longer pay the
21difference in tuition rates.
22    If a resident of a community college district wishes to
23attend the community college maintained by the district of his
24or her residence but the program in which the student wishes to
25enroll is not offered by that community college, and the
26community college maintained by the district of his residence

 

 

10000HB1940ham001- 64 -LRB100 04620 AXK 38525 a

1does not have a contractual agreement under Section 3-40 of
2this Act for such program, the student may attend any
3recognized public community college in some other district,
4subject to the provisions of Section 3-17, and have his or her
5tuition, as defined herein, paid by the community college
6district of his or her residence while enrolled in a program at
7that college which is not offered by his or her home community
8college if he or she makes application to his or her home board
9at least 30 days prior to the beginning of any semester,
10quarter or term in accordance with rules, regulations and
11procedures established and published by his or her home board.
12The payment of tuition by his or her district of residence may
13not exceed the per capita cost of the community college
14attended for the previous year, or in the case of the first
15year of operation the estimated per capita cost, less certain
16deductions, to be computed by adding all of the non-capital
17expenditures for the previous year, including interest, to the
18depreciation on the capital outlay expenditures paid from
19sources other than State and federal funds, less any payments
20toward non-capital expenditures received from State and
21federal sources for the previous year (except for grants
22through the State Board under Section 2-16.02 of this Act), and
23dividing that amount by the number of full-time equivalent
24students for that fiscal year as defined under this Section.
25This average per student computation shall be converted to a
26semester hour base and further reduced by the combined rate of

 

 

10000HB1940ham001- 65 -LRB100 04620 AXK 38525 a

1State grants, other than equalization grants for the current
2year as provided under Section 2-16.02 of this Act, and any
3rate of tuition and fees assessed for all students for the
4current year as authorized under Section 6-4 of this Act. in
5the manner set forth above for the community college tuition to
6be charged to the district of the student's residence.
7    Payment shall be made hereunder to the community college
8district of attendance immediately upon receipt, by the
9district liable for the payment, of a statement from that
10community college district of the amount due it. Before sending
11such a statement requesting payment, however, the community
12college district of attendance shall make all calculations and
13deductions required under this Section so that the amount
14requested for payment is the exact amount required under this
15Section to be paid by the district liable for payment.
16    If the moneys in the educational fund or the proceeds from
17a levy made under Section 6-1 of a district liable for payments
18under this Section are insufficient to meet such payments, the
19district liable for such payments may issue tax anticipation
20warrants as provided in Section 3-20.10.
21    A full-time equivalent student for a semester, quarter or
22term is defined as a student doing 15 semester hours of work
23per semester or 15 quarter hours of work per quarter or the
24equivalent thereof, and the number of full-time equivalent
25students enrolled per term shall be determined by dividing by
2615 the total number of semester hours or quarter hours of work

 

 

10000HB1940ham001- 66 -LRB100 04620 AXK 38525 a

1for which State Board grants are received, or the equivalent
2thereof, carried by all students of the college through the
3mid-term of each semester, quarter or term. The number of
4full-time equivalent students for a fiscal year shall be
5computed by adding the total number of semester hours or
6quarter hours of work or the equivalent thereof carried by all
7students of the college through the mid-term of each semester,
8quarter or term during that fiscal year and dividing that sum
9by 30 semester hours or 45 quarter hours or the equivalent
10thereof depending upon the credit hour system utilized by the
11college. Tuition of students carrying more or less than 15
12semester hours of work per semester or 15 quarter hours of work
13per quarter or the equivalent thereof shall be computed in the
14proportion which the number of hours so carried bears to 15
15semester hours or 15 quarter hours or the equivalent thereof.
16    If the United States Government, the State of Illinois, or
17any agency pays tuition for any community college student,
18neither the district of residence of the student nor the
19student may be required to pay that tuition or such part
20thereof as is otherwise paid. No part of the State's financial
21responsibility provided for in Section 2-16 may be transferred
22to a student's district of residence under this Section.
23(Source: P.A. 86-469; 86-1246; 87-1018.)
 
24    (110 ILCS 805/6-4.1)  (from Ch. 122, par. 106-4.1)
25    Sec. 6-4.1. If a resident of Illinois qualifies for

 

 

10000HB1940ham001- 67 -LRB100 04620 AXK 38525 a

1admission to a public community college under Section 3-17 but
2does not qualify for financial support under Section 6-2, he
3may be enrolled in the college upon payment of the difference
4between the per capita cost as defined in Section 6-2 less any
5payments toward noncapital expenditures received from State
6and federal sources for the previous year except grants through
7the State Board as authorized in Section 2-16 or 2-16.02, as
8the case may be, converted to a semester hour or quarter hour
9base, and the combined rate of State grants other than
10equalization grants for the current year as authorized in
11Section 2-16.02, notwithstanding tuition limits of Section
126-4. Subject to Section 3-17, a public community college may
13accept out-of-state students upon payment of the per capita
14cost as defined in Section 6-2. Notwithstanding the provisions
15of this Section, the out-of-district or out-of-state tuition,
16whichever is applicable, may be waived for a student who is
17employed for at least 35 hours per week by an entity located in
18the district or is enrolled in a course that is being provided
19under terms of a contract for services between the employing
20entity and the college.
21(Source: P.A. 86-1246; 87-741; 87-1018.)
 
22    (110 ILCS 805/6-4.2 new)
23    Sec. 6-4.2. In-district tuition charge. Notwithstanding
24any other provision of law or administrative rule to the
25contrary, for tuition purposes, a student shall be classified

 

 

10000HB1940ham001- 68 -LRB100 04620 AXK 38525 a

1as a resident of a community college district after
2establishing the 30-day residency requirement of the district.
 
3    (110 ILCS 805/7-5)  (from Ch. 122, par. 107-5)
4    Sec. 7-5. The Until January 1, 1972, the fiscal year of the
5Board is the calendar year, and thereafter the fiscal year
6shall commence on the first day of July and end on the last day
7of June of each succeeding year. To effect this transition the
8Board shall adopt a resolution establishing the first fiscal
9year for the period commencing on January 1, 1972, and ending
10on June 30, 1973. All reports of the chief administrative
11officer, the budget and all appropriations shall be prepared
12for such period.
13    The board and its officers shall have all necessary powers
14to effectuate such change in the fiscal year, but the
15proceedings had pursuant to this Section shall not alter the
16procedures for the levy of taxes as provided in Section 7-18.
17(Source: P.A. 77-676.)
 
18    (110 ILCS 805/7-9)  (from Ch. 122, par. 107-9)
19    Sec. 7-9. The budget shall set forth estimates, by classes,
20of all current assets and liabilities of each fund of the board
21as of the beginning of the fiscal year, and the amounts of
22those assets estimated to be available for appropriation in
23that year, either for expenditures or charges to be made or
24incurred during that year or for liabilities unpaid at the

 

 

10000HB1940ham001- 69 -LRB100 04620 AXK 38525 a

1beginning thereof. Estimates of taxes to be received from the
2levies of prior years shall be net, after deducting amounts
3estimated to be sufficient to cover the loss and cost of
4collecting those taxes and also deferred collections thereof
5and abatements in the amount of those taxes extended or to be
6extended upon the collectors' books.
7    Estimates of the liabilities of the respective funds shall
8include:
9        1. All final judgments, including accrued interest
10    thereon, entered against the board and unpaid at the
11    beginning of that fiscal year;
12        2. The principal of all tax anticipation warrants and
13    all temporary loans and all accrued interest thereon unpaid
14    at the beginning of that fiscal year;
15        3. Any amount for which the board is required under
16    this Act to reimburse the working cash fund from the
17    educational fund and operations and maintenance fund; and
18        4. The amount of all accounts payable including
19    estimates of audited vouchers, participation certificates,
20    interfund loans and purchase orders payable.
21    The budget shall also set forth detailed estimates of all
22taxes to be levied for that year and of all current revenues to
23be derived from sources other than taxes, including State and
24Federal contributions, rents, fees, perquisites, and all other
25types of revenue, which will be applicable to expenditures or
26charges to be made or incurred during that year.

 

 

10000HB1940ham001- 70 -LRB100 04620 AXK 38525 a

1    No estimate of taxes to be levied during the fiscal year
2for educational purposes and operations and maintenance of
3facilities purposes may exceed a sum equivalent to the product
4of the value of the taxable property in the district, as
5ascertained by the last assessment for State and county taxes
6previous to the passage of the budget, multiplied by the
7maximum per cent or rate of tax which the corporate authorities
8of the city are authorized by law to levy for the current
9fiscal year for those purposes: Provided that any estimate of
10taxes to be levied for the year 1975 collectible in 1976 and
11for the first half of the year 1976 collectible in 1977 for
12educational purposes and operations and maintenance of
13facilities purposes may be equal to a sum equivalent to the
14product of the value of the taxable property in the district,
15as ascertained by the 1972 assessment for State and county
16taxes, multiplied by the maximum per cent or rate of tax which
17the corporate authorities of the city are authorized by law to
18levy for the current fiscal year for those purposes.
19    All these estimates shall be so segregated and classified
20as to funds and in such other manner as to give effect to the
21requirements of law relating to the respective purposes to
22which the assets and taxes and other current revenues are
23applicable, so that no expenditure will be authorized or made
24for any purpose in excess of the money lawfully available
25therefor.
26    The several estimates of assets, liabilities and

 

 

10000HB1940ham001- 71 -LRB100 04620 AXK 38525 a

1expenditure requirements required or authorized to be made by
2this Section and by Section 7-10 shall be made on the basis of
3information known to the board at the time of the passage of
4the annual budget and are not invalidated or otherwise subject
5to attack merely because after that time additional information
6is known to or could be discovered by the board that would
7require a different estimate or because the board might have
8amended these estimates under Section 7-12.
9(Source: P.A. 85-1335.)
 
10    (110 ILCS 805/7-25)  (from Ch. 122, par. 107-25)
11    Sec. 7-25. Issuance of bonds; terms and sale. The board may
12incur an indebtedness and issue bonds for the purpose of
13erecting, purchasing or otherwise acquiring buildings suitable
14for community college use, transferring funds to the Capital
15Development Board Illinois Building Authority for community
16college building purposes, erecting temporary community
17college structures, erecting additions to, repairing,
18rehabilitating and replacing existing community college
19buildings and temporary community college structures,
20furnishing and equipping community college buildings and
21temporary community college structures, and purchasing or
22otherwise acquiring and improving sites for such purposes.
23    The bonds may not be issued until the proposition of
24authorizing such bonds has been certified to the proper
25election officials, who shall have submitted it to the electors

 

 

10000HB1940ham001- 72 -LRB100 04620 AXK 38525 a

1of the city at a regular scheduled election in accordance with
2the general election law, and approved by a majority of the
3electors voting upon that question.
4    The board shall adopt a resolution providing for certifying
5that proposition for such an election. In addition to the
6requirements of the general election law the notice of the
7referendum must contain the amount of the bond issue, maximum
8rate of interest and purpose for which issued. This notice
9shall be published in accordance with the general election law.
10    The proposition shall be in substantially the following
11form:
12-------------------------------------------------------------
13    Shall bonds in the amount of
14$............ be issued by the
15Board of community College District        YES
16No....., County of.... and State of
17Illinois for the purpose of (Here
18print the purpose of the public       -----------------------
19measure) bearing interest at the
20rate of not to exceed the maximum
21rate authorized  by the Bond               NO
22Authorization Act, as amended at the
23time of the making of the contract?
24-------------------------------------------------------------
25    Whenever the board desires to issue bonds as herein
26authorized, it shall adopt a resolution designating the purpose

 

 

10000HB1940ham001- 73 -LRB100 04620 AXK 38525 a

1for which the proceeds of the bonds are to be expended and
2fixing the amount of the bonds proposed to be issued, the
3maturity thereof, and optional provisions, if any, the rate of
4interest thereon, and the amount of taxes to be levied annually
5for the purpose of paying the interest upon and the principal
6of such bonds.
7    The bonds shall bear interest at the rate of not more than
8the maximum rate authorized by the Bond Authorization Act, as
9amended at the time of the making of the contract, and shall
10mature within not to exceed 20 years from their date, and may
11be made callable on any interest payment date at par and
12accrued interest, after notice has been given, at the time and
13in the manner provided in the bond resolution.
14    The bonds shall be issued in the corporate name of the
15community college district, and they shall be signed by the
16chairman and secretary of the community college board. The
17bonds shall also be registered, numbered and countersigned by
18the treasurer who receives the taxes of the district. The
19registration shall be in a book in which shall be entered the
20record of the election authorizing the board to borrow money
21and a description of the bonds issued, including the number,
22date, to whom issued, amount, rate of interest and when due.
23    The bonds shall be sold by the board upon such terms as are
24approved by the board after advertisement for bids, and the
25proceeds thereof shall be received by the community college
26treasurer, and expended by the board for the purposes provided

 

 

10000HB1940ham001- 74 -LRB100 04620 AXK 38525 a

1in the bond resolution.
2    The community college treasurer shall, before receiving
3any of such money, execute a surety bond conditioned upon the
4faithful discharge of his duties with a surety company
5authorized to do business in this State, which surety bond
6shall be approved by the community college board and filed as
7otherwise required under this Act for the treasurer's bond. The
8penalty of the surety bond shall be in the amount of such bond
9issue. The surety bond shall be in substantially the same form
10as the bond otherwise required under this Act for the treasurer
11and when so given shall fully describe the bond issue which it
12specifically covers and shall remain in force until the funds
13of the bond issue are fully disbursed in accordance with the
14law.
15    Before or at the time of issuing any bonds herein
16authorized, the board shall by resolution provide for the levy
17and collection of a direct annual tax upon all the taxable
18property of such community college district sufficient to pay
19and discharge the principal thereof at maturity and to pay the
20interest thereon as it falls due. Such tax shall be levied and
21collected in like manner with the other taxes of the community
22college district and shall be in addition to and exclusive of
23the maximum of all other taxes which the board is authorized by
24law to levy for community college purposes. Upon the filing in
25the office of the county clerk of the county wherein such
26community college district is located of a certified copy of

 

 

10000HB1940ham001- 75 -LRB100 04620 AXK 38525 a

1any such ordinance, the county clerk shall extend the tax
2therein provided for, including an amount to cover loss and
3cost of collecting such taxes and also deferred collections
4thereof and abatements in the amounts of such taxes as extended
5upon the collector's books. The ordinance shall be in force
6upon its passage.
7    With respect to instruments for the payment of money issued
8under this Section either before, on, or after the effective
9date of this amendatory Act of 1989, it is and always has been
10the intention of the General Assembly (i) that the Omnibus Bond
11Acts are and always have been supplementary grants of power to
12issue instruments in accordance with the Omnibus Bond Acts,
13regardless of any provision of this Act that may appear to be
14or to have been more restrictive than those Acts, (ii) that the
15provisions of this Section are not a limitation on the
16supplementary authority granted by the Omnibus Bond Acts, and
17(iii) that instruments issued under this Section within the
18supplementary authority granted by the Omnibus Bond Acts are
19not invalid because of any provision of this Act that may
20appear to be or to have been more restrictive than those Acts.
21(Source: P.A. 89-281, eff. 8-10-95.)
 
22    (110 ILCS 805/7-26)  (from Ch. 122, par. 107-26)
23    Sec. 7-26. Issuance of bonds not exceeding $15,000,000
24aggregate. The board may incur an indebtedness and issue bonds
25therefor in an amount or amounts not to exceed in the aggregate

 

 

10000HB1940ham001- 76 -LRB100 04620 AXK 38525 a

1$15,000,000 for the purpose of erecting, purchasing, or
2otherwise acquiring buildings suitable for community college
3use, transferring funds to the Capital Development Board
4Illinois Building Authority for community college building
5purposes, erecting temporary community college structures,
6erecting additions to, repairing, rehabilitating, and
7replacing existing community college buildings and temporary
8community college structures, furnishing and equipping
9community college buildings and temporary community college
10structures, and purchasing or otherwise acquiring and
11improving sites for such purposes. The bonds may be issued
12without submitting the question of issuance thereof to the
13voters of the community college district for approval.
14    Whenever the board desires to issue bonds as herein
15authorized, it shall adopt a resolution designating the purpose
16for which the proceeds of the bonds are to be expended and
17fixing the amount of the bonds proposed to be issued, the
18schedule of the maturities thereof; and optional provisions, if
19any, and the maximum rate of interest thereon and directing the
20sale upon such terms as are determined by the board.
21    The secretary of the board shall cause such sale to be
22advertised by publication of a notice of sale once, as a legal
23notice in a newspaper having general circulation in the
24district, and once in a financial journal published in the City
25of New York, New York, or Chicago, Illinois. Such notice of
26sale shall be published not less than 7 nor more than 21 days

 

 

10000HB1940ham001- 77 -LRB100 04620 AXK 38525 a

1prior to the date set for the sale of the bonds being
2advertised. The notice of sale shall state that sealed bids
3will be received by the board for its bonds and shall include:
4the amount, date, maturity or maturities of such bonds; the
5date, time and place of receipt of bids; the maximum
6permissible interest rate; the basis upon which the bonds will
7be awarded; call provisions, if any; and such other information
8as the board may deem pertinent.
9    After the bonds have been awarded to the successful bidder,
10the board shall adopt a resolution confirming the sale of said
11bonds to the successful bidder, setting forth the terms of
12sale, designating the place of payment for the principal and
13interest, prescribing the form of bond and determining the
14amount of taxes to be levied annually for each of the years in
15which said bonds are outstanding for the purpose of paying the
16interest on and the principal of such bonds.
17    The bonds shall be issued in the corporate name of the
18community college district, and they shall be signed by the
19chairman and secretary of the community college board. The
20bonds shall bear interest at a rate of not more than the
21maximum rate authorized by the Bond Authorization Act, as
22amended at the time of the making of the contract, and shall
23mature within 20 years from the date of issuance, and may be
24made callable on any interest payment date at par and accrued
25interest, after notice has been given, at the time and in the
26manner provided in the bond resolution. The proceeds of sale of

 

 

10000HB1940ham001- 78 -LRB100 04620 AXK 38525 a

1said bonds shall be received by the community college
2treasurer, and expended by the board for the purpose provided
3in the bond resolution.
4    The community college treasurer shall, before receiving
5any of such money, execute a surety bond with a surety company
6authorized to do business in this State conditioned upon the
7faithful discharge of his duties. That surety bond must pass
8approval by the community college board and, upon such
9approval, shall be filed as otherwise required under this Act
10for the treasurer's bond. The penalty of the surety bond shall
11be in the amount of such bond issue. The surety bond shall be
12in substantially the same form as the bond otherwise required
13under this Act for the treasurer and when so given shall fully
14describe the bond issue which it specifically covers and shall
15remain in force until the funds of the bond issue are fully
16disbursed in accordance with the law.
17    Before or at the time of issuing any bonds herein
18authorized, the city council, upon the demand and under the
19direction of the board shall, by ordinance, provide for the
20levy and collection of a direct annual tax upon all the taxable
21property within the community college district sufficient to
22pay and discharge the principal thereof at maturity and to pay
23the interest thereon as it falls due. Such tax shall be levied
24and collected in like manner with the other taxes of the
25community college district and shall be in addition to and
26exclusive of the maximum of all other taxes which the board is

 

 

10000HB1940ham001- 79 -LRB100 04620 AXK 38525 a

1authorized by law to levy for community college purposes. Upon
2the filing in the office of the county clerk of each county
3wherein such community college district is located of a
4certified copy of any such ordinance, the county clerk shall
5extend the tax therein provided for, including an amount to
6cover loss and cost of collecting such taxes and also deferred
7collections thereof and abatements in the amounts of such taxes
8as extended upon the collector's books.
9    With respect to instruments for the payment of money issued
10under this Section either before, on, or after the effective
11date of this amendatory Act of 1989, it is and always has been
12the intention of the General Assembly (i) that the Omnibus Bond
13Acts are and always have been supplementary grants of power to
14issue instruments in accordance with the Omnibus Bond Acts,
15regardless of any provision of this Act that may appear to be
16or to have been more restrictive than those Acts, (ii) that the
17provisions of this Section are not a limitation on the
18supplementary authority granted by the Omnibus Bond Acts, and
19(iii) that instruments issued under this Section within the
20supplementary authority granted by the Omnibus Bond Acts are
21not invalid because of any provision of this Act that may
22appear to be or to have been more restrictive than those Acts.
23(Source: P.A. 89-281, eff. 8-10-95.)
 
24    (110 ILCS 805/2-6.1 rep.)
25    (110 ILCS 805/2-11.1 rep.)

 

 

10000HB1940ham001- 80 -LRB100 04620 AXK 38525 a

1    (110 ILCS 805/2-16.03 rep.)
2    (110 ILCS 805/2-20 rep.)
3    (110 ILCS 805/2-25 rep.)
4    (110 ILCS 805/3-7b rep.)
5    (110 ILCS 805/3-12 rep.)
6    (110 ILCS 805/3-12.1 rep.)
7    (110 ILCS 805/3-12.2 rep.)
8    (110 ILCS 805/3-20.7 rep.)
9    (110 ILCS 805/3-22.3 rep.)
10    (110 ILCS 805/3-31.2 rep.)
11    (110 ILCS 805/3-40.2 rep.)
12    (110 ILCS 805/3-46.1 rep.)
13    (110 ILCS 805/5-8 rep.)
14    (110 ILCS 805/6-1 rep.)
15    (110 ILCS 805/6-6.1 rep.)
16    Section 15. The Public Community College Act is amended by
17repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b,
183-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1,
195-8, 6-1, and 6-6.1.".