(110 ILCS 805/Art. I heading) ARTICLE I.
SHORT TITLE;
DEFINITIONS
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(110 ILCS 805/1-1) (from Ch. 122, par. 101-1)
Sec. 1-1.
This Act shall be known and shall be cited as the Public Community College Act.
(Source: P.A. 78-669.)
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(110 ILCS 805/1-2) (from Ch. 122, par. 101-2)
Sec. 1-2. The following terms have the meanings respectively prescribed
for them except as the context otherwise requires:
(a) "Board of Higher Education": The Board of Higher Education created
by "An Act creating a Board of Higher Education, defining its powers and
duties, making an appropriation therefor, and repealing an Act herein
named", approved August 22, 1961, as now or hereafter amended.
(b) "State Board": Illinois Community College Board created by Article
II of this Act.
(c) "Community Colleges": Public community colleges existing in
community college districts organized under this Act,
or public community colleges which prior to October 1, 1973, were organized
as public junior colleges under this Act, or public community
colleges existing in districts accepted as community college districts
under this Act which districts have a population of not less than 30,000
inhabitants or consist of at least 3 counties or that portion of 3 counties
not included in a community college district and an assessed valuation of
not less than $75,000,000 and which districts levy a tax for community
college purposes.
(d) "Community College Districts": Districts authorized to maintain
community colleges under this Act, including community college districts
which prior to October 1, 1973, were established under this Act as public
junior college districts.
(e) "Comprehensive community college": A
community college which includes (1) courses in liberal arts and sciences
and general education; (2) adult education courses; and (3) courses in
occupational, semi-technical or technical fields leading directly to
employment. At least 15% of all courses taught must be in fields leading
directly to employment, one-half of which courses to be in fields other
than business education.
(f) "Common Schools": Schools in districts operating grades 1 through 8,
1 through 12 or 9 through 12.
(g) "Board": The board of trustees of a community college district,
whether elected or appointed.
(h) "The election for the establishment": An election to establish a
community college district under Article III, or an election to establish a
junior college district prior to July 15, 1965, which district has become a
community college district under this Act.
(i) "Regional superintendent": The superintendent of an educational
service region.
(j) "Employment Advisory Board": A board, appointed by the Board of
Trustees of a Community College District, for the purpose of advising the
Board of Trustees as to local employment conditions within the boundaries
of the Community College District.
(k) "Operation and maintenance of facilities": The management of fixed
equipment, plant and infrastructure.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/1-3)
Sec. 1-3. Applicable laws. Other State laws and related administrative requirements apply to this Act, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act. The provisions of the Procurement of Domestic Products Act shall apply to this Act to the extent practicable, provided that the Procurement of Domestic Products Act must not be applied to this Act in a manner that is inconsistent with the requirements of this Act.
(Source: P.A. 97-333, eff. 8-12-11; 97-1105, eff. 8-27-12.) |
(110 ILCS 805/1-4)
Sec. 1-4. Applicability. In order to protect the integrity of historic buildings, no provision of this Act shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act.
(Source: P.A. 94-1062, eff. 7-31-06.) |
(110 ILCS 805/Art. II heading) ARTICLE II.
STATE BOARD;
POWERS AND DUTIES
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(110 ILCS 805/2-1) (from Ch. 122, par. 102-1)
Sec. 2-1. There is created the Illinois Community College Board
hereinafter referred to as the "State Board". The State Board shall
consist of 12 members as follows: a nonvoting student member selected by
the recognized advisory committee of students of the Illinois Community
College Board, this student to serve for a term of one year beginning on
July 1 of each year, except that the student member initially selected
shall serve a term beginning on the date of such selection and expiring on
the next succeeding June 30, and except that any student member or former
student member may be selected by the recognized advisory committee of
students of the State Board to serve a second term as the nonvoting student
member of the State Board; and 11 members, one of whom shall be a senior
citizen age 60 or over, to be appointed by the Governor by and with the
advice and consent of the Senate. Beginning on July 1, 2005, one of the 11 members appointed by the Governor, by and with the advice and consent of the Senate, must be a faculty member at an Illinois public community college. Also beginning on July 1, 2005, one of the 11 members appointed by the Governor, by and with the advice and consent of the Senate, must be a member of the board of trustees of a public community college district. After the effective date of this amendatory Act of the 97th General Assembly, one of the 11 members to be appointed by the Governor, by and with the advice and consent of the Senate, must be the president of a public community college, the Chancellor of City Colleges of Chicago (Community College District No. 508), or the Chief Executive Officer of Illinois Eastern Community Colleges (Community College District No. 529). The membership requirements set forth in this Section apply only to the State Board and shall have no effect on the membership of the board of trustees of a community college district. The members first appointed under this
amendatory Act of 1984 shall serve for a term of 6 years. After the
expiration of the terms of the office of the members first appointed to the
State Board, their respective successors shall hold office for a term of 6
years and until their successors are qualified and seated. In the event of
vacancies on the State Board in offices appointed by the Governor occurring
during a recess of the Senate, the Governor shall have the power to make
temporary appointments until the next meeting of the Senate, when the
vacancy shall be filled by nomination to be confirmed by the Senate.
(Source: P.A. 97-1106, eff. 8-27-12.)
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(110 ILCS 805/2-2) (from Ch. 122, par. 102-2)
Sec. 2-2. The members of the State Board shall be citizens and residents of the
State of Illinois and shall be selected as far as may be practicable on the
basis of their knowledge of, or interest and experience in,
community colleges. No member of the State Board shall hold current
membership on a school board or board of trustees of a public or non-public
university or technical institute or be employed by the State or
federal government.
This Section does not prohibit a member of the State Board
from being employed by a public community college.
(Source: P.A. 94-157, eff. 7-8-05.)
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(110 ILCS 805/2-3) (from Ch. 122, par. 102-3)
Sec. 2-3.
The
chairman of the State Board shall be selected by the Governor to serve until
another selection is made by the Governor. At a regular meeting by the
end of June each year the
vice-chairman shall be selected by the members of the board for an
annual term beginning July 1 next.
The vice-chairman shall act as chairman in the absence of the chairman.
In the event of the death or resignation of the chairman, the vice-chairman
shall assume the chairman's duties, including those specified in Section
3-7, until such time as the Governor selects a chairman.
The principal office of the State Board shall be located in Springfield,
Illinois. The State Board shall meet at regular intervals at times determined
by the State Board. Special meetings of the State Board may be called by
the chairman or in the event he is unable to act, by the vice-chairman,
or upon written notice signed by at least 3 members of the State Board.
Notice of the time, purpose and place of any special meeting shall be given
to each member in writing at least 5 days before the date fixed for the
meeting. A majority of the members of the State Board shall constitute a
quorum at all meetings, but the approval of a new unit of instruction,
research, or a public service, as defined in Section 3-25.1, for a
community college shall require the concurrence
of a majority of all members of the State Board.
The nonvoting student member shall have all of the privileges of membership,
including the right to make and second motions and to attend executive
sessions,
other than the right to vote. The nonvoting student member shall not be
considered a member for the purpose of determining a quorum at any meeting
of the board or any of its committees. No action of the board shall be
invalidated
by reason of any vacancies on the board, or by reason of any failure to
select a nonvoting student member.
(Source: P.A. 88-322.)
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(110 ILCS 805/2-4) (from Ch. 122, par. 102-4)
Sec. 2-4.
The State Board shall have the power to make and provide rules and
regulations not inconsistent with the provisions of this Act. The rules
shall include, but shall not be
limited to: (a) the information which the State Board requires of community
college districts when applying for approval of new colleges and branches,
including (i) the name, district number, and college number of the college
applying for approval of a new branch, and (ii) the name, location, and
address of the proposed branch, and (iii) the proposed date of
implementation of the application; (b) (blank); and (c) the information which
the State Board
requires of community college districts when applying for approval of new
programs, including (i) the community college district name and number,
(ii) the name, location, and address of the proposed college, and (iii) the
proposed date of implementation of the application. The State Board may not
require information other than that specified in the
rules. Such rules and regulations and changes therein
shall be filed and shall become effective as provided by "The Illinois
Administrative Procedure Act", approved September 22, 1975, as now or
hereafter amended.
(Source: P.A. 90-372, eff. 7-1-98.)
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(110 ILCS 805/2-5) (from Ch. 122, par. 102-5)
Sec. 2-5. Compensation and expenses of members. The members of the
State Board shall serve without compensation but they shall be reimbursed for
their actual and necessary expenses while engaged in the performance of their duties.
(Source: P.A. 96-910, eff. 7-1-10.)
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(110 ILCS 805/2-6) (from Ch. 122, par. 102-6)
Sec. 2-6.
In accordance with the provisions of "An Act to create the State
Universities Civil Service System,"
approved May 11, 1905, as now or hereafter amended, the Board shall
employ and fix the compensation of an executive officer and such
employees as it deems necessary for the purposes of this Act.
(Source: P.A. 80-281.)
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(110 ILCS 805/2-6.1) (from Ch. 122, par. 102-6.1)
Sec. 2-6.1.
(Repealed).
(Source: P.A. 81-685. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/2-7) (from Ch. 122, par. 102-7)
Sec. 2-7.
The Board may appoint advisory committees, the members of which
shall serve without compensation.
(Source: P.A. 96-910, eff. 7-1-10.)
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(110 ILCS 805/2-8) (from Ch. 122, par. 102-8)
Sec. 2-8.
Before entering upon his duties each member of the State Board shall
take and subscribe an oath as required by Section 3 of Article XIII of the
Constitution of Illinois, and file the same in the office of the Secretary
of State.
(Source: P.A. 78-669.)
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(110 ILCS 805/2-9) (from Ch. 122, par. 102-9)
Sec. 2-9.
The Executive Secretary of the State Board shall have charge of
all the records of the State Board and keep the same secure at all times.
He shall keep a full and complete record of the attendance of members of
the State Board and full and complete minutes of meetings thereof.
(Source: Laws 1965, p. 1529.)
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(110 ILCS 805/2-10)
Sec. 2-10. (Repealed).
(Source: P.A. 98-692, eff. 7-1-14. Repealed by P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/2-11) (from Ch. 122, par. 102-11)
Sec. 2-11.
The State Board in cooperation with the four-year colleges is empowered
to develop articulation procedures that maximize freedom of
transfer among and between community colleges and baccalaureate-granting institutions, consistent with minimum
admission policies established by the Board of Higher Education.
(Source: P.A. 100-884, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(110 ILCS 805/2-11.1) (from Ch. 122, par. 102-11.1)
Sec. 2-11.1.
(Repealed).
(Source: P.A. 87-1044. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/2-11.2) Sec. 2-11.2. Processing fee. (a) The State Board may collect a fee to cover the cost of processing and handling individual student-level data requests pursuant to an approved data sharing agreement. The fee shall not be assessed on any entities that are complying with State or federal-mandated reporting. The fee shall be set by the Board by rule. Money from the fee shall be deposited into the ICCB Research and Technology Fund. (b) The State Board may not provide personally identifiable information on individual students except in the case where an approved data sharing agreement is signed that includes specific requirements for safeguarding the privacy and security of any personally identifiable information in compliance with the federal Family Educational Rights and Privacy Act of 1974.
(Source: P.A. 100-417, eff. 8-25-17.) |
(110 ILCS 805/2-11.5)
Sec. 2-11.5.
(Repealed).
(Source: P.A. 89-691, eff. 12-31-96. Repealed by P.A. 90-278, eff.
7-31-97.)
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(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
Sec. 2-12. The State Board shall have the power and it shall be its duty:
(a) To provide statewide planning for community | ||
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(b) To organize and conduct feasibility surveys for | ||
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(c) (Blank).
(c-5) In collaboration with the community colleges, | ||
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(d) To cooperate with the community colleges in | ||
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(e) To enter into contracts with other governmental | ||
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(f) To determine efficient and adequate standards for | ||
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(g) To determine the standards for establishment of | ||
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(h) To approve or disapprove new units of | ||
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(i) To review and approve or disapprove any contract | ||
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(j) To establish guidelines regarding sabbatical | ||
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(k) To establish guidelines for the admission into | ||
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(l) (Blank).
(m) (Blank).
(n) To create and participate in the conduct and | ||
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(o) To ensure the effective teaching of adult | ||
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(p) To supervise the administration of adult | ||
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(Source: P.A. 100-884, eff. 1-1-19; 101-81, eff. 7-12-19; 101-289, eff. 8-9-19.)
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(110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
Sec. 2-12.1. Experimental district. (a) The State Board shall establish an experimental
community college district, referred to in this Act as the "experimental
district", to be comprised of territory which includes the City of East
St. Louis, Illinois. The State Board shall determine the area and fix
the boundaries of the territory of the experimental district. Within 30 days
of the establishment of the experimental district, the State Board shall
file with the county clerk of the county, or counties, concerned a map
showing the territory of the experimental district.
Within the experimental district, the State Board shall establish,
maintain and operate, until the experimental district is abolished and a new
community college district is established under subsection (c), an
experimental community college to be
known as the State Community College of East St. Louis.
(b) (Blank).
(c) The experimental district established under subsection (a) of this Section is abolished on July 1, 1996.
(d) (Blank).
(e) (Blank).
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/2-12.2) Sec. 2-12.2. Pipeline for the Advancement of the Healthcare Workforce. The State Board shall develop a funding formula to distribute funds for the Illinois Pipeline for the Advancement of the Healthcare (PATH) Workforce Program, a program that is hereby established and designed to create, support, and expand opportunities of individuals enrolled at a public community college in a healthcare pathway, to obtain credentials, certificates, and degrees that allow them to enter into or advance their careers in the healthcare industry. The State Board shall adopt rules as necessary to implement the funding formula and distribute the funds to Illinois community colleges.
(Source: P.A. 102-699, eff. 4-19-22.) |
(110 ILCS 805/2-12.5) Sec. 2-12.5. Classes for adults and youths whose schooling has been interrupted. (a) The State Board shall reimburse adult education providers from funds appropriated for approved expenses that are established and determined by the State Board in compliance with the federal Workforce Innovation and Opportunity Act and other State and federal requirements. The State Board shall establish standards to determine the cost of instruction, including any other authorized incidental costs, which shall serve as the basis of State reimbursement in accordance with the provisions of this Section. In the approval of programs and the determination of the cost of instruction, the State Board shall provide for the maximum utilization of federal and State funds for those programs. The State Board shall also provide for: (1) the development of an index of need for program | ||
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(2) the method for calculating hours | ||
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(3) a plan for the reallocation of funds to | ||
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(4) the development of standards, programs, and | ||
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(b) For adult education instruction as listed under subdivision (o) of Section 2-12, the maximum generation rate for reimbursement per credit hour or per unit of instruction shall be equal to the community college system reimbursement rate for adult education divided by one-third. (c) Upon its annual approval, the State Board shall provide grants to eligible programs for activities to improve or expand services under the federal Workforce Innovation and Opportunity Act, Title II - Adult Education and Literacy. Eligible programs shall be determined based upon competitive processes and based on federal and State program considerations, as set by the State Board. (d) Reimbursement under this Section may not exceed the actual costs of the approved program. Approved programs may assess students, except those students receiving public aid under the Illinois Public Aid Code, up to $6.00 per credit hour or unit of instruction, not to exceed $30.00 per semester per student, if needed to meet program costs. (e) An education plan shall be established for each adult learner who is participating in the instructional programs provided under this Section. (f) Each adult education provider shall keep an accurate and detailed account of the students assigned to and receiving instruction under this Section who are enrolled in classroom instruction. Each adult education provider shall submit reports of services provided as required by the State Board. (g) For classes authorized under this Section, a credit hour or unit of instruction is equal to 15 hours of direct instruction for students enrolled in approved adult education programs at midterm and making satisfactory progress, in accordance with standards established by the State Board. (h) If an approved adult education provider fails to provide or is providing unsatisfactory or insufficient classes under Section 2-12 and this Section, the State Board may enter into agreements with other eligible providers.
(Source: P.A. 101-289, eff. 8-9-19.) |
(110 ILCS 805/2-15) (from Ch. 122, par. 102-15)
Sec. 2-15. Recognition. The State Board shall grant recognition to
community colleges which
maintain equipment, courses of study, standards of scholarship and other
requirements set by the State Board. Application for recognition shall be
made to the State Board. The State Board shall set the criteria by which
the community colleges shall be judged and through the executive officer of
the State Board shall arrange for an official evaluation of the community
colleges and shall grant recognition of such community colleges as may meet
the required standards.
Recognition shall include a review of compliance with Section 3-65 of this Act and other applicable State and federal laws regarding employment contracts and compensation. Annually, the State Board shall convene an advisory committee to review the findings and make recommendations for changes or additions to the laws or the review procedures. If a community college district fails to meet the recognition standards
set by the State Board, and if the district, in accordance with: (a) generally accepted Government
Auditing Standards issued by the
Comptroller General of the United States, (b) auditing standards established by
the American Institute of Certified Public Accountants, or (c) other applicable
State and federal standards, is found by the district's auditor or the State
Board working in cooperation with the district's auditor to have material
deficiencies in the
design or operation of financial control structures that
could adversely affect the district's financial integrity and stability, or is
found to have misused State or federal funds and jeopardized
its participation in State or federal programs, the State Board may,
notwithstanding any laws to the contrary, implement one or more of the
following emergency powers:
(1) To direct the district to develop and implement a | ||
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(2) To direct the district to contract for | ||
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(3) To approve and require revisions of the | ||
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(4) To appoint a Financial Administrator to exercise | ||
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(5) To develop and implement a plan providing for the | ||
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(Source: P.A. 99-691, eff. 1-1-17; 100-884, eff. 1-1-19.)
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(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
Sec. 2-16.02. Grants. Any community college district that maintains a
community college recognized by the State Board shall receive, when eligible,
grants enumerated in this Section. Funded semester credit hours or other
measures or both as specified by the State Board shall be used to distribute
grants to community colleges. Funded semester credit hours shall be defined,
for purposes of this Section, as the greater of
(1) the number of semester credit hours, or equivalent, in all funded
instructional categories of students who have been certified as being in
attendance at midterm during the respective terms of the base fiscal year or
(2) the average of semester credit hours, or equivalent, in all funded
instructional categories of students who have been certified as being in
attendance at midterm during the respective terms of the base fiscal year and
the 2 prior fiscal years. For purposes of this Section, "base fiscal year"
means the fiscal year 2 years prior to the fiscal year for which the grants are
appropriated. Such students shall have been residents of Illinois and shall
have been enrolled in courses that are part of instructional program categories
approved by the State Board and that are applicable toward an associate degree
or certificate.
Courses that are eligible for reimbursement are those courses for which
the district pays 50% or more of the program costs from unrestricted
revenue sources, with the exception of dual credit courses and courses offered by contract with
the Department of Corrections in correctional institutions. For the
purposes of this Section, "unrestricted revenue sources" means those
revenues in which the provider of the revenue imposes no financial
limitations upon the district as it relates to the expenditure of the funds. Except for Fiscal Year 2012, base operating grants shall be paid based on rates per funded
semester credit hour or equivalent calculated by the State Board for funded
instructional categories using cost of instruction, enrollment, inflation, and
other relevant factors. For Fiscal Year 2012, the allocations for base operating grants to community college districts shall be the same as they were in Fiscal Year 2011, reduced or increased proportionately according to the appropriation for base operating grants for Fiscal Year 2012.
Equalization grants shall be calculated by the State Board by determining a
local revenue factor for each district by: (A) adding (1)
each district's Corporate Personal Property Replacement Fund
allocations from the base
fiscal year or the average of the base fiscal year and prior year, whichever is
less, divided by the applicable statewide average tax rate to (2) the
district's most recently audited
year's equalized assessed valuation or the average of the most recently audited
year and prior year, whichever is less, (B) then dividing by the district's
audited full-time equivalent resident students for the base fiscal year or the
average for the base fiscal year and the 2 prior fiscal years, whichever is
greater, and (C) then multiplying by the applicable statewide average tax
rate. The State Board
shall calculate a statewide weighted average threshold by applying
the same methodology to the totals of all districts' Corporate Personal
Property Tax Replacement Fund allocations, equalized assessed valuations, and
audited full-time equivalent district resident students and multiplying by the
applicable statewide average tax rate. The difference between the statewide
weighted average threshold and the local revenue
factor, multiplied by the number of full-time equivalent resident students,
shall determine the amount of equalization funding that each district is
eligible to receive. A percentage factor, as determined by the State Board,
may be applied to the statewide threshold as a method for allocating
equalization funding. A minimum equalization grant of an amount per district
as determined by the State Board shall be established for any community college
district which qualifies for an equalization grant based upon the preceding
criteria, but becomes ineligible for equalization funding, or would have
received a grant of less than the minimum equalization grant, due to threshold
prorations applied to reduce equalization funding.
As of July 1, 2013, a community college district eligible to receive an equalization grant based upon the preceding criteria must maintain a
minimum required combined in-district tuition and universal fee rate per
semester credit hour equal to 70% of the State-average combined rate, as
determined by the State Board, or the total revenue received by the community college district from combined in-district tuition and universal fees must be at least 30% of the total revenue received by the community college district, as determined by the State Board, for equalization funding. As of July 1,
2004, a community college district must maintain a minimum required
operating tax rate equal to at least 95% of its maximum authorized tax
rate to qualify for equalization funding. This 95% minimum tax rate
requirement shall be based upon the maximum operating tax rate as
limited by the Property Tax Extension Limitation Law.
The State Board shall distribute such other grants as may be
authorized or appropriated by the General Assembly. The State Board may adopt any rules necessary for the purposes of implementing and distributing funds pursuant to an authorized or appropriated grant.
Each community college district entitled to State grants under this
Section must submit a report of its enrollment to the State Board not later
than 30 days following the end of each semester or term in a
format prescribed by the State Board. These semester credit hours, or
equivalent, shall be certified by each district on forms provided by the
State Board. Each district's certified semester credit hours, or equivalent,
are subject to audit pursuant to Section 3-22.1.
The State Board shall certify, prepare, and submit monthly vouchers to the State Comptroller
setting
forth an amount equal to one-twelfth of the grants approved by the State Board for base
operating grants and equalization grants. The State Board shall prepare and
submit to the State Comptroller vouchers for payments of other grants as
appropriated by the General Assembly. If the amount appropriated for grants
is different from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased accordingly.
For the purposes of this Section, "resident student" means a student in a
community college district who maintains residency in that district or
meets other residency definitions established by the State Board, and who
was enrolled either in one of the approved instructional program categories
in that district, or in another community college district to which the
resident's district is paying tuition under Section 6-2 or with which the
resident's district has entered into a cooperative agreement in lieu of such
tuition. Students shall be classified as residents of the community college district without meeting the 30-day residency requirement of the district if they are currently residing in the district and are youth (i) who are currently under the legal guardianship of the Illinois Department of Children and Family Services or have recently been emancipated from the Department and (ii) who had previously met the 30-day residency requirement of the district but who had a placement change into a new community college district. The student, a caseworker or other personnel of the Department, or the student's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987 shall provide the district with proof of current in-district residency.
For the purposes of this Section, a "full-time equivalent" student is
equal to 30 semester credit hours.
The Illinois Community College Board Contracts and Grants Fund is hereby
created in the State Treasury. Items of income to this fund shall include
any grants, awards, endowments, or like proceeds, and where appropriate,
other funds made available through contracts with governmental, public, and
private agencies or persons. The General Assembly shall from time to time
make appropriations payable from such fund for the support, improvement,
and expenses of the State Board and Illinois community college
districts.
(Source: P.A. 103-8, eff. 6-7-23.)
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(110 ILCS 805/2-16.03)
Sec. 2-16.03. (Repealed).
(Source: P.A. 94-436, eff. 8-2-05. Repealed by P.A. 100-621, eff. 7-20-18; 100-884, eff. 1-1-19.)
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(110 ILCS 805/2-16.04)
Sec. 2-16.04. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 94-436, eff. 8-2-05.)
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(110 ILCS 805/2-16.05)
Sec. 2-16.05. (Repealed).
(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 99-655, eff. 7-28-16; 99-933, eff. 1-27-17.)
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(110 ILCS 805/2-16.06)
Sec. 2-16.06. ICCB Adult Education Fund. The ICCB Adult Education Fund is created as a federal fund in
the State treasury. All money in the ICCB Adult Education Fund may be
used, subject to appropriation, by the State Board for operational
expenses associated with the administration of adult education and literacy
activities and for the payment of costs associated with education and
educational-related services to local eligible providers for adult education
and literacy as provided by the United States Department of Education.
(Source: P.A. 99-777, eff. 8-12-16.)
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(110 ILCS 805/2-16.07)
Sec. 2-16.07. Career and Technical Education Fund.
The Career and Technical Education Fund is created as a federal
fund in the State treasury. The Comptroller shall order transferred and the
State Treasurer shall transfer from the Federal Department of Education Fund
into the Career and Technical Education Fund such amounts as may be directed
in writing by the State Board of Education. All moneys so deposited into the
Career and Technical Education Fund may be used, subject to appropriation,
by the State Board for operational expenses associated with the administration
of Career and Technical Education, for payment of Career and Technical
Education grants to colleges, and for payment of costs relating to State
leadership activities, as provided by the United States Department of
Education.
(Source: P.A. 99-777, eff. 8-12-16.)
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(110 ILCS 805/2-16.08)
Sec. 2-16.08. ICCB Federal Trust Fund. The ICCB Federal Trust
Fund is created as a special fund in the State treasury. Money recovered
from federal programs for general administration that is received by the
State Board shall be deposited into the ICCB Federal Trust Fund. All
money in the ICCB Federal Trust Fund shall be used, subject to
appropriation by the General Assembly, by the State Board for the ordinary and
contingent
expenses of the State Board.
(Source: P.A. 95-331, eff. 8-21-07.)
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(110 ILCS 805/2-16.09) Sec. 2-16.09. ICCB Research and Technology Fund. The ICCB Research and Technology Fund is created as a special fund in the State treasury. The State Board shall deposit into the Fund moneys received by the State Board from the sale of instructional technology developed by the State Board and all moneys received from processing requests for individual student-level data. All moneys in the Fund shall be used by the State Board, subject to appropriation by the General Assembly, for costs associated with maintaining and updating that instructional technology and individual student-level data systems.
(Source: P.A. 100-417, eff. 8-25-17.) |
(110 ILCS 805/2-18a)
Sec. 2-18a. (Repealed).
(Source: P.A. 89-473, eff. 6-18-96. Repealed by P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/2-19)
Sec. 2-19. (Repealed).
(Source: P.A. 89-473, eff. 6-18-96. Repealed by P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/2-20)
Sec. 2-20.
(Repealed).
(Source: P.A. 93-21, eff. 7-1-03. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/2-21)
Sec. 2-21. High school equivalency testing. On the effective date
of this amendatory Act of the 94th General Assembly, all powers and
duties of the State Board of Education and State Superintendent of
Education with regard to high school equivalency testing under the
School Code shall be transferred to the Illinois Community College
Board. Within a reasonable period of time after that date, all assets, liabilities, contracts, property, records, pending business, and unexpended appropriations of the State Board of Education with regard to high school equivalency testing shall be transferred to the Illinois Community College Board. The Illinois Community College Board may adopt any rules
necessary to carry out its responsibilities under the School Code with
regard to high school equivalency testing. All rules, standards, and
procedures adopted by the State Board of Education under the
School Code with regard to high school equivalency testing shall
continue in effect as the rules, standards, and procedures of the
Illinois Community College Board, until they are modified by the
Illinois Community College Board.
(Source: P.A. 94-108, eff. 7-1-05.) |
(110 ILCS 805/2-22) Sec. 2-22. High school equivalency testing. On the effective date
of this amendatory Act of the 94th General Assembly, all powers and
duties of the State Board of Education and State Superintendent of
Education with regard to high school equivalency testing under the
School Code shall be transferred to the Illinois Community College
Board. Within a reasonable period of time after that date, all assets, liabilities, contracts, property, records, pending business, and unexpended appropriations of the State Board of Education with regard to high school equivalency testing shall be transferred to the Illinois Community College Board. The Illinois Community College Board may adopt any rules
necessary to carry out its responsibilities under the School Code with
regard to high school equivalency testing and to carry into efficient and uniform effect the provisions for the issuance of State of Illinois High School Diplomas in this State. All rules, standards, and
procedures adopted by the State Board of Education under the
School Code with regard to high school equivalency testing shall
continue in effect as the rules, standards, and procedures of the
Illinois Community College Board, until they are modified by the
Illinois Community College Board.
(Source: P.A. 102-1100, eff. 1-1-23.) |
(110 ILCS 805/2-23)
Sec. 2-23. (Repealed).
(Source: P.A. 94-980, eff. 6-20-06. Repealed by P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/2-24) Sec. 2-24. We Want to Learn English Initiative. (a) Subject to appropriation and Section 7 of the Board of Higher Education Act, the State Board may establish and administer a We Want to Learn English Initiative to provide resources for immigrants and refugees in this State to learn English in order to move towards becoming full members of American society. (b) If funds are appropriated for this Initiative, then the State Board must disburse no less than half of the funds appropriated each fiscal year to community-based, not-for-profit organizations, immigrant social service organizations, faith-based organizations, and on-site job training programs so that immigrants and refugees can learn English where they live, work, pray, and socialize and where their children go to school. (c) Funds for the We Want to Learn English Initiative may be used only to provide programs that teach English to United States citizens, lawful permanent residents, and other persons residing in this State who are in lawful immigration status.
(Source: P.A. 100-884, eff. 1-1-19.) |
(110 ILCS 805/2-27) Sec. 2-27. Direct support professional training program. By July 1, 2025, the State Board shall submit recommendations for a model program of study, for credit, that incorporates the training and experience necessary to serve as a direct support professional to the Department of Human Services. The model program of study shall be developed in consultation with stakeholders, including, but not limited to, organizations representing community-based providers serving children and adults with intellectual or developmental disabilities, and elementary and secondary education practitioners, including, but not limited to, teachers, administrators, special education directors, and regional superintendents of schools. Beginning with the 2026-2027 academic year and continuing for not less than 2 academic years, the State Board shall make available to community colleges the model program of study developed under this Section.(Source: P.A. 103-92, eff. 1-1-24.) |
(110 ILCS 805/2-25) Sec. 2-25. (Repealed).
(Source: P.A. 96-1300, eff. 7-26-10. Repealed by P.A. 100-884, eff. 1-1-19.) |
(110 ILCS 805/2-26) Sec. 2-26. 21st Century Employment grant program. (a) Subject to appropriation, the State Board shall establish and administer a 21st Century Employment grant program. To qualify for a grant, a community college district and a public high school located in that district must jointly establish a collaborative regional partnership with workforce development organizations, including community-based organizations with a vested interest in the workforce, regional economic development organizations, and economic development officials in the district, along with manufacturers, healthcare service providers, and innovative technology businesses that have a presence in the district, to provide a manufacturing training program. A grant recipient must provide the State Board with a plan that meets all of the following requirements: (1) The plan shall define specific goals that a | ||
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(2) The plan shall include the type of professional | ||
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(A) Effective communication skills. (B) Teamwork. (C) Dependability. (D) Adaptability. (E) Conflict resolution. (F) Flexibility. (G) Leadership. (H) Problem-solving. (I) Research. (J) Creativity. (K) Work ethic. (L) Integrity. In awarding grants under this Section, the State | ||
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(3) The plan shall include a budget that includes any | ||
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(4) The plan shall include the proposed number of | ||
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(5) The plan shall require a private-public | ||
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(6) The plan shall indicate the certificates that the | ||
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(b) The State Board shall establish an advisory board for the grant program established under subsection (a) that consists of all of the following members: (1) The Director of Commerce and Economic Opportunity. (2) The Executive Director of the State Board. (3) The State Superintendent of Education. (4) The Director of Labor. (5) A senator appointed by the President of the | ||
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(6) A senator appointed by the Minority Leader of the | ||
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(7) A representative appointed by the Speaker of the | ||
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(8) A representative appointed by the Minority | ||
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(9) A member from a statewide organization that | ||
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(10) A member who represents at-risk students, | ||
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(11) A member from a statewide organization that | ||
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(12) A member from a trade union, appointed by the | ||
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(13) A member from a statewide organization that | ||
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(14) A member from a statewide organization that | ||
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(15) Educators representing various regions of this | ||
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(16) A member from a statewide organization that | ||
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(17) A president of a community college, appointed by | ||
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(18) A district superintendent of a high school | ||
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The members of the advisory board shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board for that purpose, including travel, subject to the rules of the appropriate travel control board. The advisory board shall meet at the call of the State Board and shall report to the State Board. The State Board shall provide administrative and other support to the advisory board. (c) The advisory board established under subsection (b) shall have all of the following duties: (1) To review the progress made by each grant | ||
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(2) To review how many students went on to complete a | ||
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(3) To compile a list of programs offered by each | ||
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(4) To analyze whether the certificates are closing | ||
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(5) To suggest certificates that could help future | ||
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(6) To offer guidelines for the types of certificates | ||
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(7) To offer possible rules to the State Board that | ||
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(d) The State Board may adopt any rules necessary for the purposes of this Section.
(Source: P.A. 101-437, eff. 1-1-20; 102-558, eff. 8-20-21.) |
(110 ILCS 805/Art. III heading) ARTICLE III.
COMMUNITY COLLEGE DISTRICTS;
ORGANIZATION; POWERS AND DUTIES;
ELECTIONS
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(110 ILCS 805/3-1) (from Ch. 122, par. 103-1)
Sec. 3-1.
Any contiguous and compact territory, no part of which is included
within any community college district, unless all of such district is
included which has an equalized assessed valuation of not less than
$150,000,000 and contains a population of not less than 60,000
persons may be organized into a community college
district within the State system.
For the purpose of this section and Sections 6-5.3, 6-5.5, and 6-6.1
any territory which is completely surrounded by a community college
district governed by the provisions of Article 7 of this Act, shall be
considered contiguous to any territory beyond the boundaries of such
community college district governed by the provisions of Article 7, the
closest boundary of which is not more than 5 miles from the boundary of
such territory so surrounded. Any territory which comprises a special
charter school district and which is completely surrounded by a
non-district territory shall be considered contiguous to any community
college district beyond the boundaries of such non-district territory,
the closest boundary of which is not more than 20 miles from the
boundary of such territory so surrounded. The contiguity of such
territory shall not be affected by any subsequent change in the status
of the surrounding non-district territory, including the inclusion of
such non-district territory in a community college district other than
the district to which the original territory was annexed.
A petition signed by at least 500 or more voters residing in the
territory described in the petition shall be filed with the State Board.
The petition shall:
(1) Request the calling of an election for the purpose of voting for
or against the establishment of a community college district.
(2) Describe the territory comprising the proposed district.
(3) Describe the extent to which educational programs will be provided
by contract with existing public or private educational institutions.
(4) Set forth the maximum tax rates for educational purposes and
for operations and maintenance of facilities
purposes. The proposed district shall be authorized to levy rates which
shall not exceed .75 per cent of the value, as equalized or assessed by
the Department of Revenue, for educational purposes,
and .1 per cent for operations and maintenance of facilities purposes.
(Source: P.A. 85-1335.)
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(110 ILCS 805/3-1.1) (from Ch. 122, par. 103-1.1)
Sec. 3-1.1.
Any petition filed under this Act, which bears the signatures
of 25 or more persons, may designate a committee of 5 of the petitioners as
attorney in fact for all the petitioners, who may amend the petition to
correct errors in the description of the territory included in the petition
prior to the public hearing, or if no hearing is required, prior to
approval or disapproval of the petition by the State Board. The petition
must after amendment comply with the requirements for such a petition under
this Act.
(Source: Laws 1967, p. 3308.)
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(110 ILCS 805/3-2) (from Ch. 122, par. 103-2)
Sec. 3-2.
Upon the receipt of such a petition, the State Board shall, in
cooperation with the regional superintendent of the county or counties in
which the territory of the proposed district is located, cause a study to
be made of the territory of the proposed district and the community college
needs and condition thereof and the area within and adjacent thereto in
relation to existing facilities for general education, including
pre-professional curricula and for training in occupational activities, and
in relation to a factual survey of the possible enrollment, assessed
valuation, industrial business, agricultural and other conditions
reflecting educational needs in the area to be served, in order to
determine whether in its judgment the proposed district may adequately
maintain a community college in accordance with such desirable standards.
In reviewing the application the State Board shall consider the feasibility
of any proposed utilization of existing public or private educational
facilities and land within or in near proximity to the boundary of the
proposed district, and of contracting with such public or private
institutions for the provision of educational programs. If the State
Board finds as the result of its study that
it is not possible for the proposed district to produce a desirable program
of community college education at a reasonable cost, it shall provide a
brief statement of the reasons for this decision and shall thereupon cause
a copy of the statement to be published in a newspaper or newspapers having
a general circulation in the territory of the proposed district and no
election shall be held or further proceedings had on said petition to
establish such a community college district. In approving a request for a new community college district, the State Board
shall make a
determination as to whether or not the proposal is in conformity with a
comprehensive community college program. When the State Board
approves the request for a new community college, the State Board shall
prepare a report of such action on the petition. The report shall contain a
brief statement of the reasons for the decision and a resume stating why
the State Board deems it possible for the proposed district to provide a
desirable 2-year college program at reasonable cost, the conditions under
which such operation would be possible, the estimated results of such
operation in terms of local taxes, the nature and probable cost of
alternative methods of providing adequate community college educational
opportunities for students in the territory involved and such other
information as the State Board believes may be helpful to the voters in
such territory in voting on the proposition to establish a community
college district.
(Source: P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/3-3) (from Ch. 122, par. 103-3)
Sec. 3-3.
If the State Board disapproves the request for a new
community college, no election shall be held or further proceedings had on
such petition to establish a community college district. If the State Board approves the request to establish a community college
district, the State Board shall cause notice of a hearing on the petition
to be given by publishing a notice thereof at least once each week for 3
successive weeks in at least one newspaper having general circulation
within the territory of the proposed district, and if no such newspaper
exists, then the publication shall be made in 2 or more newspapers which
together cover the territory with general circulation. The notice shall
state when and to whom the petition was presented, the description of the
territory of the proposed district, and the day on which the hearing upon
the petition and the report of the State Board will be held. On such day or
on a day to which the State Board shall continue said hearing, the State
Board or a hearing officer appointed by it shall hear the petition, present
the report and determine the sufficiency of the petition as herein
prescribed, and may adjourn the hearing from time to time or continue the
matter for want of sufficient notice or for other good cause. The State
Board or a hearing officer appointed by it shall hear any additional
evidence as to the school needs and conditions of the territory and in the
area within and adjacent thereto and if a hearing officer is appointed he
shall report a summary of the testimony to the State Board. Whereupon the
State Board shall determine whether it is for the best interests of the
schools of such area and the educational welfare of the students therein
that such district be organized, and shall determine also whether the
territory described in the petition is compact and contiguous for college
purposes.
(Source: P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/3-4) (from Ch. 122, par. 103-4)
Sec. 3-4.
At the hearing, any resident in the proposed district or any
district affected thereby may appear in support of the petition or to object
thereto. At the conclusion of the hearing the State Board shall make a decision
either granting or denying the petition. If the State Board
denies the petition no election shall be held or further proceedings had
unless its decision is reversed upon review. If the State Board approves
the petition or if its denial of the petition is reversed on review, the
regional superintendent of the county in which the territory described
in the petition is situated or if the petition describes territory
consisting of one county and all or a part of several counties, the
regional superintendent of the county having the greater number of
people included in the territory described in the petition, shall certify
the proposition to the proper election officials, who shall submit such
proposition at a regular scheduled election as provided in the
general election law for the purpose of voting for or against
the proposition of establishing a community college district. The
decision of the State Board after the hearing shall be deemed an
"administrative decision" as defined in Section 3-101 of the Code of Civil
Procedure and any petitioner or resident who appears at the hearing
may file a complaint for a judicial review of such decision in accordance
with the Administrative Review Law, and all amendments and modifications
thereof and the rules adopted pursuant thereto. The commencement of any
action for review shall operate as a stay of enforcement, and no referendum
shall be held pending final disposition of such review.
(Source: P.A. 84-551.)
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(110 ILCS 805/3-4.1) (from Ch. 122, par. 103-4.1)
Sec. 3-4.1.
The costs of any referendum conducted under this Act shall be borne
by the county or counties in which the
territory involved in the election is located.
(Source: P.A. 81-1489.)
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(110 ILCS 805/3-5) (from Ch. 122, par. 103-5)
Sec. 3-5.
The proposition shall be in substantially the following form:
FOR the establishment of a community college district with authority
to levy taxes at the rate of.... per cent for educational purposes,
and.... per cent for operations and
maintenance of facilities purposes.
AGAINST the establishment of a community college district with
authority to levy taxes at the rate of.... per cent for educational
purposes, and.... per cent for operations and
maintenance of facilities purposes.
In order for the proposition to be approved, a majority of the votes
cast in the territory at the election must be in favor of the proposition of
establishing a community college district; provided, however, that
if the territory described in the petition
includes one or more community college districts, the proposition has not
received a majority of the votes cast on the proposition unless it also
receives a majority of the votes cast on the proposition within the
territory included within each such district, the count to be taken
separately within such districts.
(Source: P.A. 85-1335.)
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(110 ILCS 805/3-6) (from Ch. 122, par. 103-6)
Sec. 3-6.
If a majority of the votes cast at the election, as determined in the
manner provided in Section 3-5, is in favor of the establishment of a
community college district, the regional superintendent who ordered
that election shall forthwith order an election to be held at the time
and in the manner provided in the general election law
for the purpose of selecting
the board for that community college district, to consist of 7 members.
(Source: P.A. 81-1490.)
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(110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
Sec. 3-7. (a) The election of the members of the board of trustees
shall be nonpartisan and shall be held at the time and in the manner provided
in the general election law.
(b) Unless otherwise provided in this Act, members shall be elected to
serve 6
year terms. The term of members elected in 1985 and thereafter shall be from
the date the member is officially determined to be elected to the board by
a canvass conducted pursuant to the Election Code, to the date that the
winner of the seat is officially determined by the canvass conducted
pursuant to the Election Code the next time the seat on the board is to be
filled by election.
(c) Each member must on the date of his election be a citizen of the
United
States, of the age of 18 years or over, and a resident of the State and
the territory which on the date of the election is included in the
community college district for at least one year immediately preceding
his election.
In Community College District No. 526,
each member elected at the consolidated election in 2005 or thereafter must
also be a resident of the trustee
district he or she represents for at least one year immediately preceding
his or her election, except that in the first consolidated election for each
trustee district following reapportionment, a candidate for the board
may be elected from any trustee district that contains a part of the
trustee district in which he or she resided at the time of the
reapportionment and may be reelected if a resident of the new trustee district
he
or she represents for one year prior to reelection.
In the event a person who is a member of a common school
board is elected or appointed to a board of trustees of a community college
district, that person shall be permitted to serve the remainder of his or
her term of office as a member of the common school board. Upon the
expiration of the common school board term, that person shall not be
eligible for election or appointment to a common school board during the
term of office with the community college district board of trustees.
(d) Whenever a vacancy occurs, the remaining members shall fill the
vacancy, and the person so appointed shall serve until a successor is
elected to serve the remainder of the unexpired term at the next regular election for board members and is certified in
accordance with Sections 22-17 and 22-18 of the Election Code. If the
remaining members fail so to act within 60 days after the vacancy occurs,
the chairman of the State Board shall fill that vacancy, and the person so
appointed shall serve until a successor is elected to serve the remainder of the unexpired term at the next regular
election for board members and is certified in accordance with Sections
22-17 and 22-18 of the Election Code. The person appointed to fill the
vacancy shall have the same residential qualifications as his predecessor
in office was required to have. In either instance, if the vacancy occurs
with less than 4 months remaining before the next scheduled consolidated
election, and the term of office of the board member vacating the position
is not scheduled to expire at that election, then the term of the person so
appointed shall extend through that election and until the succeeding
consolidated election. If the term of office of the board
member vacating the position is scheduled to expire at the upcoming
consolidated election, the appointed member shall serve
only until a successor is elected and qualified at that election.
(e) Members of the board shall serve without compensation but shall be
reimbursed for their reasonable expenses incurred in connection with
their service as members. Compensation, for purposes of this Section, means
any salary or other benefits not expressly authorized by this Act to be
provided or paid to, for or on behalf of members of the board. The board
of each community college district may adopt a policy providing for the
issuance of bank credit cards, for use by any board member who requests the
same in writing and agrees to use the card only for the reasonable expenses
which he or she incurs in connection with his or her service as a board
member. Expenses charged to such credit cards shall be accounted for
separately and shall be submitted to the chief financial officer of the
district for review prior to being reported to the board at its next
regular meeting.
(f) The ballot for the election of
members of the board for a community college district shall indicate the
length of term for each office to be filled. In the election of a board
for any community college district, the ballot shall not contain any
political party designation.
(Source: P.A. 100-273, eff. 8-22-17; 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-7.1) (from Ch. 122, par. 103-7.1)
Sec. 3-7.1.
All elections
held pursuant to this Act shall be governed by the provisions of the general
election law.
(Source: P.A. 81-1490.)
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(110 ILCS 805/3-7.10) (from Ch. 122, par. 103-7.10)
Sec. 3-7.10.
Nominations for members of the board shall be made by a petition
signed by at least 50 voters or 10% of the voters, whichever is less, residing
within the district and shall be filed with the secretary of the board.
In addition to the requirements of the general election law, the form
of such petitions shall be substantially as follows:
NOMINATING PETITIONS
To the Secretary of the Board of Trustees of Community College District No.
....:
We the undersigned, being (.... or more) (or 10% or more) of the voters
residing within said district, hereby petition that .... who
resides at .... in the (city or village) of .... in Township .... (or
who resides outside any city, village or incorporated town and in Township
....) in said district shall be a candidate for the office of .... of the
Board of Trustees (full term) (vacancy) to be voted for at the election
to be held on (insert date).
Name: Address:
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the secretary of the board a receipt from the county
clerk showing that the candidate has filed a statement of economic interests
as required by the Illinois Governmental Ethics Act. Such receipt shall
be so filed either previously during the calendar year in which his nomination
papers were filed or within the period for the filing of nomination papers
in accordance with the general election law.
The secretary of the board shall notify each candidate, or the appropriate
committee, for whom a petition for nomination has been filed of their
obligations under the Campaign Financing Act, as required by the general
election law. Such notice shall be given on a form prescribed by the State
Board of Elections and in accordance with the requirements of the general
election law.
All petitions for the nomination of members of a board of trustees shall
be filed with the secretary of the board within the time provided for
by the general election law. Said secretary shall make certification to
the proper election authority in accordance with the requirements of the
general election law. If the secretary is an incumbent board member seeking
reelection, a disinterested person must be a witness to the filing of his
petition. It is the duty of the secretary to provide candidates with petition
forms and statements of candidacy.
The secretary shall within 7 days of filing or on the
last day for filing, whichever is earlier, acknowledge to the petitioner
in writing his acceptance of the petition.
In all newly organized districts the petition for the nomination of
candidates for members of the board at the first election shall be addressed
to and filed with the regional superintendent in the manner specified for the
petitions for candidates of a community college board. For such election the
regional superintendent shall fulfill all duties otherwise assigned to the
secretary of the board.
(Source: P.A. 91-357, eff. 7-29-99.)
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(110 ILCS 805/3-7.11) (from Ch. 122, par. 103-7.11)
Sec. 3-7.11.
In addition to the notice requirements of the general election law,
whenever a proposition to increase a tax rate under Section 3-14 is submitted
to be voted upon by the voters of any community college district the notice
of such election shall include an estimate of the approximate amount of
taxes expendable under the maximum rate then in force and an estimate of
the approximate amount of taxes extendible under the proposed increased
rate, such amounts being computed upon, the last known equalized, assessed
value, but any error, miscalculation or inaccuracy in computing such amounts
shall not invalidate or affect the validity of any rate so increased. The
board shall make such estimate and the secretary shall certify such
amount to the election authority as part of the certification of the proposition
as required by the general election law.
(Source: P.A. 81-1490.)
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(110 ILCS 805/3-7.13) (from Ch. 122, par. 103-7.13)
Sec. 3-7.13.
More than one public measure may be submitted on the same ballot.
No
proposition under this Section which is substantially the same shall be
submitted more than once every 2 months, except where the proposition is
submitted as a consequence of a disaster, calamity or other Act of God.
(Source: P.A. 81-1489.)
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(110 ILCS 805/3-7.24) (from Ch. 122, par. 103-7.24)
Sec. 3-7.24.
Each community college board shall have one non-voting member who is a student
enrolled in the community college under the jurisdiction of the board. One
non-voting student member shall also be selected in multi-campus districts
to represent all campuses in those districts. In multi-campus districts,
the campus from which the member is selected shall be determined by lot
each year provided that no campus shall twice have selected a non-voting
student member until all campuses in the district have once been represented
on the district board. The same procedure shall be followed until all campuses
have been represented a second time, a third time, and subsequent times.
The method of selecting these student members shall be determined by campus-wide
student referendum.
The student members shall serve a term of one year beginning on April 15
of each year, except that the student member initially selected shall serve
a term beginning on the date of selection and expiring on the next succeeding June 30.
The nonvoting student members shall have all of the privileges of membership,
including the right to make and second motions and to attend executive sessions,
other than the right to vote.
(Source: P.A. 80-730.)
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(110 ILCS 805/3-7a) (was 110 ILCS 805/3-7, subsec. (c)) Sec. 3-7a. Trustee districts; Community College District No. 522.
In 2001, and in the year following
each decennial census
thereafter, the board of trustees of community college District #522 shall
reapportion the trustee districts to reflect the results of the census, and
shall divide the community college district into 7 trustee districts, each of
which shall be compact, contiguous, and substantially equal in population to
each other district. The division of the community college district into
trustee districts shall be completed and formally approved by a majority of the members of the board of trustees of community
college
District #522 in 2001 and in the year following each
decennial
census. At the same meeting of the board of
trustees, the board shall, publicly by lot, divide the trustee
districts as equally as possible into 2 groups. Beginning in 2003 and every
10 years thereafter, trustees or their
successors from one group shall be elected for successive terms of 4 years
and 6 years; and members or their successors from the second group shall be
elected for successive terms of 6 years and 4 years. One member shall be
elected from each such trustee district.(Source: P.A. 100-884, eff. 1-1-19.) |
(110 ILCS 805/3-7b) (was 110 ILCS 805/3-7, subsec. (d)) Sec. 3-7b. (Repealed).
(Source: P.A. 97-539, eff. 8-23-11. Repealed by P.A. 100-884, eff. 1-1-19.) |
(110 ILCS 805/3-7c)
Sec. 3-7c. Trustee districts for the 2013 consolidated election and thereafter; Community College District No. 526. (a) In Community College District No. 526, board of trustee members shall be elected by trustee district at the 2013 consolidated election and thereafter. (b) On or before July 1, 2012 and thereafter in the year following each decennial census, the board of trustees of Community College District No. 526 shall reapportion the trustee districts to reflect the
results of the census and shall divide the community college district into 7 trustee districts, each of which shall be compact, contiguous, and substantially equal in population to each other district. The
division of the community college district into trustee
districts must be completed and formally approved by a
majority of the members of the board of trustees. At the same meeting of the board of trustees, the board shall, publicly by lot, divide the trustee districts into 2 groups. Beginning in 2013 and every 10 years thereafter, 4 trustees or their successors from one group shall be elected for successive terms of 4 years and 6 years, and 3 trustees or their successors from the second group shall be elected for successive terms of 6 years and 4 years. One member shall be elected from each such trustee district.
(Source: P.A. 97-539, eff. 8-23-11.) |
(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
Sec. 3-8. In this Section, "reasonable emergency" means any imminent need to maintain the operations or facilities of the community college district and that such need is due to circumstances beyond the control of the board. Following each election and canvass, the new board shall
hold its organizational meeting on or before the 28th day after the election. If the election is the initial election ordered by the regional superintendent,
the organizational meeting shall be convened by the regional superintendent,
who shall preside over the meeting until the election for chairman, vice
chairman and secretary of board is completed. At all other organizational
meetings, the chairman of the board, or, in his or her absence, the president
of the community college or acting chief executive officer of the college shall
convene the new board, and conduct the election for chairman, vice chairman and
secretary. The chairman and vice chairman elected by the board shall be members of the board, but the secretary elected by the board may be either a member of the board or not a member of the board, as determined by the board. The secretary, if not a member of the board, may receive such compensation as shall be fixed by the board prior to the election of the secretary. The board shall then proceed with its organization under the newly
elected board officers, and shall fix a time and place for its regular
meetings. It shall then enter upon the discharge of its duties. Public notice of the schedule of regular meetings for the next calendar year, as set at the organizational meeting, must be given at the beginning of that calendar year. The terms of
board office shall be 2 years, except that the board by resolution may
establish a policy for the terms of office to be one year, and provide for the
election of officers for the remaining one year period.
Terms of members are subject to Section 2A-54 of the Election Code.
Beginning 45 days prior to the Tuesday following the first Monday of April in odd-numbered years until the first organizational meeting of the new board, no addendum to modify or amend an employee agreement between a community college district and the district's president, chancellor, or chief executive officer may be agreed to or executed, nor may an employment contract be made and entered into between the board of an established community college district and a president, chancellor, or chief executive officer. If the current board must take such action at any time during the 45 days prior to the Tuesday following the first Monday of April in odd-numbered years until the first organizational meeting of the new board due to a reasonable emergency, then that action shall be terminated on the 60th day after the first organizational meeting, unless the new board, by resolution, reaffirms the agreed-upon addendum or new employment contract. Special meetings of the board may be called by the chairman or by any
3 members of the board by giving notice thereof in writing stating the
time, place and purpose of the meeting. Such notice may be served by
mail 48 hours before the meeting or by personal service 24 hours before
the meeting.
At each regular and special meeting which is open to the public,
members of the public and employees of the community college district shall
be afforded time, subject to reasonable constraints, to comment to or ask
questions of the board.
(Source: P.A. 103-278, eff. 7-28-23.)
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(110 ILCS 805/3-8.5) Sec. 3-8.5. Community college trustee's leadership
training. (a) This Section applies to all community college districts
with elected or appointed board trustees serving pursuant to this Article
who have been elected or appointed after the effective date of this
amendatory Act of the 99th General Assembly or appointed to
fill a vacancy of at least one year's duration of an elected
trustee after the effective date of this amendatory Act of the
99th General Assembly. (b) Every voting member of a board under subsection (a) of this Section shall
complete a minimum of 4 hours of professional development
leadership training covering topics that shall include, but are not limited to, open meetings law, community college and
labor law, freedom of information law,
contract law, ethics, sexual violence on campus, financial oversight and
accountability, audits, and fiduciary responsibilities of a
community college trustee during the first, third, and fifth
year of his or her term. The community college district shall
maintain on its Internet website, if any, the names of all
elected or appointed voting trustees of the board who have successfully
completed the training, as well as the names of all elected or appointed voting trustees of the board who have not successfully completed the training, as required under this Section. (c) The training under this Section may be provided by an
association established under this Code for the purpose of
training community college district board trustees or by other
qualified providers approved by the State Board, in
consultation with an association so established. (d) The board member shall certify completion of the
training required under this Section to the secretary of the
board. If a board member does not satisfy all requirements provided in subsection (b) of this Section or the certification indicates that a board member has
not completed the training, the secretary shall send a notice
to all elected or appointed members serving on the board and the president or acting
chief executive officer of the community college of that fact.
(Source: P.A. 99-692, eff. 1-1-17.) |
(110 ILCS 805/3-9) (from Ch. 122, par. 103-9)
Sec. 3-9. A majority of full voting membership of the Board shall constitute a
quorum. For all meetings of the Board, a quorum of members must be physically present at the location of the meeting. When a vote is taken upon any measure before the Board, a quorum
being present, a majority of the members voting on the measure shall
determine the outcome thereof. No action of such board shall be invalidated
by reason of any vacancies on such board, or by reason of any failure to
select any nonvoting student members.
(Source: P.A. 95-117, eff. 8-13-07.)
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(110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
Sec. 3-10.
The chairman shall preside at all meetings and shall perform
such duties as are imposed upon him or her by law or by action of the board. The
vice-chairman shall perform the duties of the chairman if there is a vacancy in the office of the chairman or in case of the chairman's absence or inability to act. If there is a vacancy in the office of the chairman and
vice-chairman or the chairman and vice-chairman are absent from any meeting or refuse to perform their
duties, a chairman pro tempore shall be appointed by the board from among
their number.
The secretary may be a member of the board and shall perform the duties usually pertaining to his or her office.
The secretary, if not a member of the board, may receive such compensation as shall be fixed by the board prior to the election of the secretary. If the secretary is absent from any meeting or refuses to perform his or her duties, a member
of the board shall be appointed secretary pro tempore.
(Source: P.A. 103-278, eff. 7-28-23.)
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(110 ILCS 805/3-11) (from Ch. 122, par. 103-11)
Sec. 3-11.
The board of each community college district is a body politic
and
corporate by the name of "Board of Trustees of Community College District
No. ...., County (or Counties) of .... and State of Illinois" or "Board of
Trustees of .... (common name of community college), County (or Counties) of
..... and State of Illinois" and by that
name may sue and be sued in all courts and places where judicial
proceedings are had. The State Board shall issue a number to each community
college district, which number may be incorporated in the name of the
board of that district. In conducting its operations, a community college may refer to itself by the common name of the community college.
(Source: P.A. 100-533, eff. 9-22-17.)
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(110 ILCS 805/3-12) (from Ch. 122, par. 103-12)
Sec. 3-12.
(Repealed).
(Source: P.A. 86-469. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-12.1) (from Ch. 122, par. 103-12.1)
Sec. 3-12.1.
(Repealed).
(Source: P.A. 78-669. Repealed by P.A. 100-884, eff. 1-1-19.)
|
(110 ILCS 805/3-12.2) (from Ch. 122, par. 103-12.2)
Sec. 3-12.2.
(Repealed).
(Source: P.A. 78-981; 78-1297. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-13) (from Ch. 122, par. 103-13)
Sec. 3-13.
Unless otherwise provided in this Act, the forming of any
territory into a community college district shall become effective upon the
date of organization of the community college board. Provided, that an
existing community college located within the territory shall continue
operation under its board and the tax levying authority shall likewise
continue until such time as the new community college district begins the
operation of its program of studies and thereafter any existing community
college board in the territory shall cease to operate the community college
and the new community college district shall succeed to all assets,
receivables and liabilities of the existing community college district at
the time the new community college board is ready to begin the operation of
its program of studies.
(Source: P.A. 86-469.)
|
(110 ILCS 805/3-14) (from Ch. 122, par. 103-14)
Sec. 3-14.
Subject to the limits imposed by this Article, the rates for any
community college district may be increased at a regular scheduled
election held in accordance with the general election law, after the
establishment of that district. At any regular scheduled election, the
proper election authorities shall submit to the electors, after the
proposition has been certified to them by the board of the community
college district, a proposition for an increase of the authorized annual
levy for educational purposes not to exceed .125% and for operations and
maintenance of facilities purposes not to exceed .05%.
A community college board may within the limits set forth in Section
3-1 of this Act and in the manner provided in this Article levy a
maximum annual tax upon all the taxable property of the district upon
its value, as equalized or assessed by the Department of Revenue. Within
the limits provided in this Section, the
community college board may annually levy the tax for operation
and maintenance of facilities purposes
and the purchase of sites so that funds may accumulate to not more than
5% of the equalized assessed valuation of the district. Accumulated funds
may be used for building purposes as defined in Section 5-2. No such
accumulation may be transferred or used for any other purpose.
(Source: P.A. 85-1335.)
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(110 ILCS 805/3-14.1) (from Ch. 122, par. 103-14.1)
Sec. 3-14.1.
Form of ballot and notice.
Whenever any proposition to authorize or
to levy an annual tax, or to increase the annual rate of tax levied by any
community college district, including a community college district to which
Article VII applies, for any community college purpose is submitted to the
voters of such district at any election, each required notice or other
publication of the election or referendum and the form of ballot shall contain,
in addition to any other matters required by law:
(a) the geographic or other common name of the community college
district by which that district is commonly known and referred to, as well
as the number of the district;
(b) the maximum rate at which such tax may be levied if the proposition is approved; and
(c) if the proposition is to increase the annual rate of an existing tax
levied by the community college district, then in addition to the matters
set forth in (a) and (b) above, the annual rate at which such existing tax
currently is levied and the percentage of increase between the maximum rate
at which such tax may be levied if the proposition is approved and the
annual rate at which such tax currently is levied.
(Source: P.A. 85-374.)
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(110 ILCS 805/3-14.2) (from Ch. 122, par. 103-14.2)
Sec. 3-14.2.
In addition to any other tax levies authorized by law,
the board of a community college district (1) whose boundaries are entirely
within a county with a population in excess of 2 million persons and (2)
which was organized as a public junior college prior to October 1, 1973,
and (3) whose existence was validated by an Act filed with the Secretary of
State on May 31, 1937, may levy an additional tax upon the taxable property
of the district in any year in which the State Board issues a certificate
of eligibility to do so. The additional tax may be used to increase the
total taxing authority of the district to the rate of 23.54 cents per $100 of
equalized assessed value for educational and operations, building and
maintenance purposes.
In order to be eligible to levy the additional tax as provided herein,
the district shall have been eligible to receive equalization grants
pursuant to Section 2-16.02 for each of the five fiscal years in
the period 1984 to 1988.
The additional amount certified by the State Board to be levied shall not
exceed the combined increases in the educational and operations, building
and maintenance purposes funds authorized in Section 3-14. The State Board
shall notify the board of trustees of the community college district of its
eligibility to levy additional taxes as authorized in this Section and the
amount of such levy, by November 1, 1988.
A resolution, adopted pursuant to the provisions of the Open Meetings
Act, which expresses the district's intent to levy such a tax, or a portion
thereof, when accompanied by the State Board certificate of eligibility,
shall be the authority for the county clerk or clerks to extend such a tax.
The district board shall cause a copy of the resolution to be published
in one or more newspapers published in the district within 10 days after
such levy is made. If no newspaper is published in the district, the
resolution shall be published in a newspaper having general circulation within
the district. The publication of the resolution shall include a notice of
(1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the tax levy be submitted to the
voters of the district; (2) the time within which the petition must be filed;
and (3) the date of the prospective referendum. The district secretary
shall provide a petition form to any individual requesting one.
If within 30 days of the adoption of such additional levy, a petition is
filed with the secretary of the board of trustees, signed by not less than
10% of the voters of the district, requesting that the proposition to levy
such additional taxes as authorized by this Section be submitted to the
voters of the district, then the district shall not be authorized to levy
such additional taxes as permitted by this Section until the proposition
has been submitted to and approved by a majority of the voters voting on
the proposition at a regularly scheduled election in the manner provided in
the general election law. The secretary shall certify the proposition to
the proper election authority for submission to the voters. If no such
petition with the requisite number of signatures and which is otherwise
valid is filed within such 30 day period, then the district shall thereafter be
authorized to levy such additional taxes as provided and for the purposes
expressed in this Section.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-14.3) (from Ch. 122, par. 103-14.3)
Sec. 3-14.3.
In addition to any other tax levies authorized by law,
the board of a community college district may levy an additional tax upon
the taxable property of the district in any year in which the State Board
issues a certificate of eligibility to do so. The additional tax may be
used to increase the total taxing authority of the district to the most
recently reported statewide average actual levy rate in cents per $100 of
equalized assessed value for educational and operations and maintenance
purposes as certified by the State Board.
In order to be eligible to levy the additional tax as provided herein,
the district shall have been eligible to receive equalization grants
pursuant to Section 2-16.02 in the year of
eligibility certification or in
the previous fiscal year.
The additional amount certified by the State Board to be levied shall not
exceed the combined increases in the educational and operations and
maintenance purposes funds authorized in Section 3-14. The State Board shall notify
the board of trustees of the community college district of its eligibility
to levy additional taxes as authorized in this Section and the amount of
such levy, by November 1 of each year.
A resolution, adopted annually pursuant to the provisions of the Open
Meetings Act, which expresses the district's intent to levy such a tax, or
a portion thereof, when accompanied by the State Board certificate of
eligibility, shall be the authority for the county clerk or clerks to
extend such a tax. Within 10 days after adoption of such resolution,
the district shall cause to be published the resolution in at least one or
more newspapers published in the district. The publication of the
resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the proposition of the adoption
of the resolution be submitted to the voters of the district; (2) the time
in which the petition must be filed; and (3) the date of the prospective
referendum. The secretary shall provide a petition form to any individual
requesting one.
If within 30 days of the annual adoption of such additional levy, a
petition is filed with the secretary of the board of trustees, signed by
not less than 10% of the registered voters of the district, requesting that
the proposition to levy such additional taxes as authorized by this Section
be submitted to the voters of the district, then the district shall not be
authorized to levy such additional taxes as permitted by this Section until
the proposition has been submitted to and approved by a majority of the
voters voting on the proposition at a regularly scheduled election in the
manner provided in the general election law. The secretary shall certify
the proposition to the proper election authority for submission to the
voters. If no such petition with the requisite number of signatures and
which is otherwise valid is filed within such 30 day period, then the
district shall be authorized to levy such additional taxes as provided for
the purposes expressed in this Section.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-15) (from Ch. 122, par. 103-15)
Sec. 3-15.
(Repealed).
(Source: Repealed by P.A. 88-322.)
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(110 ILCS 805/3-16) (from Ch. 122, par. 103-16)
Sec. 3-16.
The academic term of community college districts shall be determined by
the community college board with the consent of the State Board. However,
days within such term designated for the purpose of enrollment, testing,
orientation or examination of students and all days on which scheduled
classes are held shall be considered as days of student attendance. Classes
may be held on Saturdays, notwithstanding any other provisions of this Act.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-17) (from Ch. 122, par. 103-17)
Sec. 3-17.
The community college districts shall admit all students
qualified to
complete any one of their programs including general education, transfer,
occupational, technical, and terminal, as long as space for effective
instruction is available. After entry, the college shall counsel and
distribute the students among its programs according to their interests and
abilities. Students allowed entry in college transfer programs must have
ability and competence similar to that possessed by students admitted to
state universities for similar programs. Entry level competence to such
college transfer programs may be achieved through successful completion of
other preparatory courses offered by the college. If space is not available
for all students applying, the community college will accept those best
qualified, using rank in class and ability and achievement tests as guides,
and shall give preference to students residing in the district unless the
district has entered into a contractual agreement for the mutual exchange
of students with another community college district, in which case, equal
enrollment preference may be granted to students residing in such
contracting districts.
A student who has graduated from high school and has scored within the
community college's accepted range on the ACT or SAT shall not be required to
take a high school equivalency test as a prerequisite
to
admission.
(Source: P.A. 98-718, eff. 1-1-15.)
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(110 ILCS 805/3-18) (from Ch. 122, par. 103-18)
Sec. 3-18.
Community college boards shall appoint a treasurer to serve at the
pleasure of the board. The treasurer may not be a member of the community
college board. The board of the community college district shall fix the
compensation of the treasurer.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-19) (from Ch. 122, par. 103-19)
Sec. 3-19.
Before entering upon his duties, each treasurer
shall execute a bond with 2 or more persons having an interest
in real estate who are not members of the board of the
district, or with a surety company authorized to do business in this State,
as sureties, payable to the board of the community college district for
which he is treasurer and conditioned upon the faithful discharge of his
duties. The penalty of
the bond shall be 25% of the amount of all bonds, notes, mortgages, moneys, and
effects of which the treasurer is to have custody, whether individuals act as
surety or whether the surety is given by a surety authorized to do business in
this State. The penalty of the bond of the treasurer shall
be
increased or decreased from time to time, as the increase or decrease of
the amount of notes, bonds, mortgages, moneys and effects may require, and
whenever in the judgment of the State board the penalty of the bond should
be increased or decreased. The bond must be approved by at least a majority
of the board of the community college district and filed with the State
Board. A copy of the bond must also be filed with the county clerk of each
county in which any part of the community college district is situated. The
bond shall be in substantially the following form:
STATE OF ILLINOIS) ) SS........... COUNTY)
We, .... and .... are obligated, jointly and severally, to the Board of
Community College District No. ...., County (or Counties) of .... and State
of Illinois in the penal sum of $...., for the payment of which we obligate
ourselves, our heirs, executors and administrators.
Dated (insert date).
The condition of this obligation is such that if ....,
treasurer in the district above stated, faithfully discharges the duties of
his or her office, according to law, and delivers to his or her successor in
office, after that successor has qualified by giving bond as provided by law,
all moneys, books, papers, securities and property, which shall come into his
or her possession or control, as such treasurer, from the date of his
or her bond to the time that his or her successor has qualified as
treasurer, by giving such bond as is required by law, then this obligation
to be void; otherwise to remain in full force and effect.
Signed:.....................
............................
............................
............................
Approved and accepted by Board of Community College District No. ....
County (or Counties) of .... and State of Illinois.
By .... Chairman .... Secretary
No part of any State or other district funds may be paid to any
treasurer or other persons authorized to receive it unless the treasurer
has filed his or her bond as required herein.
(Source: P.A. 92-167, eff. 7-26-01; 93-163, eff. 7-10-03.)
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(110 ILCS 805/3-19.1) (from Ch. 122, par. 103-19.1)
Sec. 3-19.1.
When any warrant issued for the wages of an educational
employee is presented to the treasurer and is not paid for want of funds,
the treasurer shall endorse it over his signature, "not paid for want of
funds", with the date of presentation, and shall make and keep a record of
that endorsement. The warrant shall thereafter bear interest at the rate of
6% per annum, until the treasurer notifies the chairman
of the board in
writing that he has funds to pay it. The treasurer shall make and keep a
record of that notice and hold the funds necessary to pay the warrant until
it is presented. The warrant shall draw no interest after notice is given
to the chairman of the board.
(Source: P.A. 82-622.)
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(110 ILCS 805/3-20) (from Ch. 122, par. 103-20)
Sec. 3-20.
The community college board, except a board to which Article VII
applies, shall prepare and adopt a budget in the manner provided in this
Article.
The amount of money to be raised by taxes for the community college
district, except a district to which Article VII applies, shall be levied,
extended, certified, and collected in the manner provided in this Article
and tax anticipation warrants may be issued in the manner provided in
Section 3-20.10.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-20.1) (from Ch. 122, par. 103-20.1)
Sec. 3-20.1.
The board of each community college district shall within or before the
first quarter of each fiscal year, adopt an annual budget which it deems
necessary to defray all necessary expenses and liabilities of the district,
and in such annual budget shall specify the objects and purposes of each
item and amount needed for each object or purpose. The board of each community college district shall file a written or electronic copy of the annual budget with the State Board.
The budget shall contain a statement of the cash on hand at the
beginning of the fiscal year, an estimate of the cash expected to be
received during such fiscal year from all sources, an estimate of the
expenditures contemplated for such fiscal year, and a statement of the
estimated cash expected to be on hand at the end of such year. The estimate
of taxes to be received may be based upon the amount of actual cash
receipts that may reasonably be expected by the district during such fiscal
year, estimated from the experience of the district in prior years and with
due regard for other circumstances that may substantially affect such
receipts. Nothing in this Section shall be construed as requiring any
district to change or preventing any district from changing from a cash
basis of financing to a surplus or deficit basis of financing; or as
requiring any district to change or preventing any district from changing
its system of accounting.
The board of each community college district shall fix a fiscal year. If
the beginning of the fiscal year of a district is subsequent to the time
that the tax levy for such fiscal year shall be made, then such annual
budget shall be adopted prior to the time such tax levy shall be made.
Such budget shall be prepared in tentative form by some person or
persons designated by the board, and in such tentative form shall be made
conveniently available to public inspection for at least 30 days prior to
final action thereon. At least one public hearing shall be held as to such
budget prior to final action thereon. Notice of availability for public
inspection and of such public hearing shall be given by publication in a
newspaper published in such district, at least 30 days prior to the time of
such hearing. If there is no newspaper published in such district, notice
of such public hearing shall be given by publication in a newspaper having general circulation within the district. It shall be the duty of the
secretary of the board to make the tentative budget available to public
inspection, and to arrange for such public hearing. The board may from time
to time make transfers between the various items in any fund not exceeding
in the aggregate 10% of the total of such fund as set forth in the budget. The board may amend the annual budget from time to time at a regular meeting of the board if public notice of any amendment is provided pursuant to the Open Meetings Act.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-20.2) (from Ch. 122, par. 103-20.2)
Sec. 3-20.2.
Whenever the voters of a community college district have
voted in favor of an increase in the annual tax rate for educational or
operation and maintenance of facilities purposes or both at an election
held after the adoption of the annual community college budget for any
fiscal year, the board may adopt or pass during that fiscal year an
additional or supplemental budget under the sole authority of this Section
by a vote of a majority of the full membership of the board, any other
provision of this Article to the contrary notwithstanding, in and by which
such additional or supplemental budget the board shall appropriate such
additional sums of money as it may find necessary to defray expenses and
liabilities of that district to be incurred for educational or operation
and maintenance of facilities purposes or both of the district during that
fiscal year, but not in excess of the additional funds estimated to be
available by virtue of such voted increase in the annual tax rate for
educational or operation and maintenance of facilities purposes
or both. Such additional or supplemental budget shall be regarded as an
amendment of the annual community college budget for the fiscal year in
which it is adopted, and the board may levy the additional tax for
educational or operation and maintenance of facilities purposes or both to
equal the amount of the additional sums of money appropriated in that
additional or supplemental budget, immediately.
(Source: P.A. 85-1335.)
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(110 ILCS 805/3-20.3) (from Ch. 122, par. 103-20.3)
Sec. 3-20.3.
Any sum expended or obligations incurred for the improvement,
maintenance, repair or benefit of buildings and property, including the
cost of interior decorating and the installation, improvement, repair,
replacement and maintenance of building fixtures, for the rental of
buildings and property for community college purposes, or for the payment
of all premiums for insurance upon buildings and building fixtures shall be
paid from the tax levied for operation and maintenance of facilities purposes
and the purchase of college grounds. The board may provide by resolution
that the payment of all salaries of janitors, engineers or other custodial
employees and all costs of fuel, lights, gas, water, telephone service, and
custodial supplies and equipment or the cost of a professional survey of
the conditions of school buildings, or any one or more of the preceding
items shall be paid from the tax levied for operation and maintenance of
facilities purposes and the purchase of college grounds in which event such
salaries or specified costs, or both, shall be so paid until the next
fiscal year after the repeal of such resolution. Expenditures for all
purposes not specified in this Section or Section 3-14 shall be made
from the educational fund.
(Source: P.A. 85-1335.)
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(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
Sec. 3-20.3.01. Whenever, as a result of any lawful order of any agency,
other than a local community college board, having authority to enforce any
law or regulation designed for the protection, health or safety of community
college students, employees or visitors, or any law or regulation for the
protection and safety of the environment, pursuant to the "Environmental
Protection Act", any local community college district, including any district
to which Article VII of this Act applies, is required to alter or repair
any physical facilities, or whenever any district determines that it is
necessary for energy conservation, health or safety, environmental
protection or accessibility purposes that any physical
facilities should be altered or repaired and that such alterations or
repairs will be made with funds not necessary for the completion of
approved and recommended projects for fire prevention and safety, or
whenever after the effective date of this amendatory Act of
1984 any district, including any district to which Article VII applies,
provides for alterations or repairs determined by the local community
college board to be necessary for health and safety, environmental
protection, accessibility or energy conservation purposes, such
district may, by proper resolution which specifically identifies the
project and which is adopted pursuant to the provisions of the Open
Meetings Act, levy a tax for the purpose of paying for such alterations or
repairs, or survey by a licensed architect or engineer, upon the equalized
assessed value of all the taxable property of the district at a rate not to
exceed .05% per year for a period sufficient to finance such alterations or
repairs, upon the following conditions:
(a) When in the judgment of the local community | ||
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(b) When a certified estimate of a licensed architect | ||
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The filing of a certified copy of the resolution or ordinance levying the
tax shall be the authority of the county clerk or clerks
to extend such tax; provided, however, that in no event shall the extension
for the current and preceding years, if any, under this Section be greater
than the amount so approved, and interest on bonds issued pursuant to this
Section and in the event such current extension and preceding extensions
exceed such approval and interest, it shall be reduced proportionately.
The county clerk of each of the counties in which any community college
district levying a tax under the authority of this Section is located, in
reducing raised levies, shall not consider any such tax as a part of the
general levy for community college purposes and shall not include the same
in the limitation of any other tax rate which may be extended. Such tax
shall be levied and collected in like manner as all other taxes of
community college districts.
The tax rate limit hereinabove specified in this Section may be increased
to .10% upon the approval of a proposition to effect such increase by a
majority of the electors voting on that proposition at a regular scheduled
election. Such proposition may be initiated by resolution of the local
community college board and shall be certified by the secretary of the
local community college board to the proper election authorities for
submission in accordance with the general election law.
Each local community college district authorized to levy any tax pursuant
to this Section may also or in the alternative by proper resolution or
ordinance borrow money for such specifically identified purposes not in
excess of $4,500,000 in the aggregate at any one time when
in the judgment
of the local community college board of trustees there are not sufficient
funds available in the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered or determined as
necessary and a certified estimate of a licensed architect or engineer
stating the estimated amount has been secured by
the local community college district, and as evidence of such
indebtedness may issue bonds without referendum. However, Community College District No. 522 and Community College District No. 536 may or in the alternative by proper resolution or
ordinance borrow money for such specifically identified purposes not in
excess of $20,000,000 in the aggregate at any one time when
in the judgment
of the community college board of trustees there are not sufficient
funds available in the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered or determined as
necessary and a certified estimate of a licensed architect or engineer
stating the estimated amount has been secured by
the community college district, and as evidence of such
indebtedness may issue bonds without referendum. Such bonds shall bear
interest at a rate or rates authorized by "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, shall mature
within 20 years from date, and shall be signed by the chairman, secretary
and treasurer of the local community college board.
In order to authorize and issue such bonds the local community college
board shall adopt a resolution fixing the amount of bonds, the date thereof,
the maturities thereof and rates of interest thereof, and the board by such
resolution, or in a district to which Article VII applies the city council
upon demand and under the direction of the board by ordinance, shall provide
for the levy and collection of a direct annual tax upon all the taxable
property in the local community college district sufficient to pay the
principal and interest on such bonds to maturity. Upon the filing in the
office of the county clerk of each of the counties in which the community
college district is located of a certified copy of such resolution or
ordinance it is the duty of the county clerk or clerks to extend the tax
therefor without limit as to rate or amount and in addition to and in
excess of all other taxes heretofore or hereafter authorized to be levied
by such community college district.
The State Board shall set through administrative rule regulations and specifications
for minimum requirements for the construction, remodeling or rehabilitation
of heating, ventilating, air conditioning, lighting, seating, water supply,
toilet, accessibility, fire safety and any other matter that
will conserve, preserve or provide for the protection and the health or
safety of individuals in or on community college property and will conserve
the integrity of the physical facilities of the district.
This Section is cumulative and constitutes complete authority for the
issuance of bonds as provided in this Section notwithstanding any other
statute or law to the contrary.
(Source: P.A. 99-143, eff. 7-27-15; 99-655, eff. 7-28-16.)
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(110 ILCS 805/3-20.4) (from Ch. 122, par. 103-20.4)
Sec. 3-20.4.
The county clerk shall furnish the board of any community college
district, upon request, a certificate showing the last ascertained equalized,
assessed value of the taxable property of the district.
When a community college district lies partly in 2 or more counties,
the county clerk of each county in which any part of such district lies
shall furnish, upon request, to the board of the district, a certificate
showing the last ascertained equalized, assessed
value of the taxable
property in that part of the district lying in such county.
When making out the tax books for the collector, the county clerk
shall compute each taxable person's tax in each district upon the total
equalized, assessed value of taxable property for that year,
located in such district, whether belonging to residents or
non-residents. Such computation shall be made so as to
realize the amount
of money required to be raised in such district, as shown in the
certificate of tax levy, made out by the governing body of such
district, and filed with the county clerk as required by this Act. The
county clerk shall cause each person's tax, so computed, to be set upon
the tax book to be delivered to the collector for that year, in a
separate column against each taxpayer's name, or parcel of taxable
property, as it appears in the collector's books, to be collected in the
same manner, and at the same time, and by the same person, as State and
county taxes are collected. He shall number the community college
districts on the maps in his office to correspond with the numbers of
districts as designated by the State Board under Section 3-11, and in
making up the tax books to be delivered to the collector of taxes, the
county clerk shall copy therein the number of the districts set opposite
each person's assessment of personal property by the assessor making the
assessment of such person, and shall extend the tax on each person's
assessment of personal property. The computation of each person's tax
and the extension made by the clerk shall be final and conclusive. The
rate shall be uniform, and shall not exceed that required by the amount
certified by the board. The county clerk, before delivering the tax book
to the collector, shall make and send by mail to each treasurer of a
community college district in the county a certificate of the amount due
his district or districts from the tax so extended and placed on the tax
books.
(Source: P.A. 80-1332.)
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(110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
Sec. 3-20.5.
The board of each community college district shall
ascertain, as near as practicable, annually, how much money must be raised
by special tax for educational purposes and for operations and maintenance
of facilities purposes for the next ensuing year. Such amounts shall be
certified and returned to the county clerk on or before the last Tuesday in
December, annually. The certificate shall be signed by the chairman and
secretary, and may be in the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of .... dollars to be levied
as a special tax for educational purposes, and the sum of .... dollars to
be levied as a special tax for operations and maintenance of facilities
purposes, on the equalized assessed value of the taxable property of our
district, for the year (insert year).
Signed on (insert date).
A .... B ...., Chairman
C .... D ...., Secretary
Community College Dist. No. ...., .... County (or Counties)
An amended certificate may be filed by the community college board within
10 days of receipt of official notification from the county clerk of the
multiplier that will be applied to assessed value of the taxable property
of the district, provided such multiplier will alter the amount of revenue
received by the district from either local or State sources.
A failure by the board to file the certificate with the county clerk in
the time required shall not vitiate the assessment.
(Source: P.A. 100-863, eff. 8-14-18.)
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(110 ILCS 805/3-20.6) (from Ch. 122, par. 103-20.6)
Sec. 3-20.6.
When a district lies partly in two or more counties the
board shall ascertain, as near as practicable, the amount to be raised by
special tax for educational and operations and
maintenance of facilities purposes and shall
prepare a certificate for each county in which the community college
district lies and shall deliver one of such certificates to each of the
county clerks of the counties in which a part of the district is situated.
On the first Monday of October, annually, or as soon thereafter as may be
practicable, each county clerk shall ascertain the total equalized
valuation of all the taxable property in that part of the district as lies
in his county, and certify the amount thereof to the county clerk of each
of the other counties in which any part of the district lies; and from the
aggregate of such equalized valuation and from the certificate of the
amount so required to be levied, such clerk shall ascertain the rate per
cent required to produce in the district the amount of such levy, and at
that rate shall extend the special tax to be levied for educational
purposes and operations and maintenance of facilities purposes in that part
of the district lying in his respective county.
(Source: P.A. 85-1335.)
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(110 ILCS 805/3-20.7) (from Ch. 122, par. 103-20.7)
Sec. 3-20.7.
(Repealed).
(Source: P.A. 78-669. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-20.8) (from Ch. 122, par. 103-20.8)
Sec. 3-20.8.
Within 30 days after the delinquent date for the payment of any tax or
installment thereof and after the delivery of the tax books containing the
computation and levy of the taxes, or as soon thereafter as the community
college treasurer shall present the certificate of the amount of the tax
and make a demand therefor, the collector shall pay to the treasurer the
full amount of the tax certified by the county clerk, or if any part
remains uncollected, the collector shall, in addition to the amount
collected, deliver to the treasurer a statement of the amount of
uncollected taxes for his district or districts, taking his receipt
therefor, which receipt shall be evidence in favor of the collector as
against the treasurer.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-20.9) (from Ch. 122, par. 103-20.9)
Sec. 3-20.9.
If any collector fails to pay the taxes or any part thereof, the
community college treasurer or other authorized person may proceed against
him and his sureties in a civil action upon his official bond in the
circuit court. The collector so in default shall pay 12% of the amount due
to be assessed as damages, which shall be included in the judgment rendered
against him. If he can show that any part of the taxes could not be
collected by law, he shall not be liable for such taxes until he has
collected, or may be able to collect them.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-20.10) (from Ch. 122, par. 103-20.10)
Sec. 3-20.10.
When there is no money in the treasury of any community
college district to defray the necessary expenses of the district,
including amounts necessary to pay maturing principal and interest of
bonds, the board may issue warrants, or may provide a fund to meet the
expenses by issuing and disposing of warrants, drawn against and in
anticipation of any taxes levied for the payment of the necessary expenses
of the district, either for educational purposes or for all operations and
maintenance of facilities purposes, or for the payment of maturing
principal and interest of bonds, as the case may be, to the extent of 85%
of the total amount of the tax so levied. The warrants shall show upon
their face that they are payable in the numerical order of their issuance
solely from such taxes when collected, and shall be received by any
collector of taxes in payment of the taxes against which they are issued,
and such taxes shall be set apart and held for their payment.
Every warrant shall bear interest, payable only out of the taxes
against which it is drawn, at a rate not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if
issued before July 1, 1971 and if issued thereafter at the rate of not
to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, from the date of its issuance until
paid or
until notice shall be given by publication in a newspaper or otherwise
that the money for its payment is available and that it will be paid on
presentation, unless a lower rate of interest is specified therein, in
which case the interest shall be computed and paid at the lower rate.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(110 ILCS 805/3-21) (from Ch. 122, par. 103-21)
Sec. 3-21. The board of community college districts shall have the duties
enumerated in the Sections following this Section and preceding Section 3-30.
Notwithstanding any provision of this Article to the contrary, when
bonds are issued by any district and the purposes for which such bonds have
been issued have been accomplished and paid for in full and there remains
funds on hand in such bond and interest account, the board by resolution
may transfer such excess to the fund of the district which bears the
nearest relation to the purpose for which the bonds from which such excess
funds arose were issued.
(Source: P.A. 94-587, eff. 8-15-05.)
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(110 ILCS 805/3-22) (from Ch. 122, par. 103-22)
Sec. 3-22.
To maintain records to substantiate all claims for state
apportionment in accordance with regulations prescribed by the State Board
and to retain such records for a period of 3 years.
(Source: Laws 1967, p. 1229.)
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(110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1)
Sec. 3-22.1.
To cause an audit to be made as of the end of each fiscal year
by an accountant licensed to practice public accounting in Illinois and
appointed by the board. The auditor shall perform his or her examination in
accordance with generally accepted auditing standards and regulations
prescribed by the State Board, and submit his or her report thereon in
accordance
with generally accepted accounting principles. The examination and report
shall include a verification of student enrollments and any other bases
upon which claims are filed with the State Board. The audit report shall
include a statement of the scope and findings of the audit and a
professional opinion signed by the auditor. If a professional opinion is
denied by the auditor he or she shall set forth the reasons for that
denial. The
board shall not limit the scope of the examination to the extent that the
effect of such limitation will result in the qualification of the auditor's
professional opinion. The procedures for payment for the expenses of the
audit shall be in accordance with Section 9 of the Governmental Account
Audit Act.
Copies of the audit report shall be
filed with the State Board in
accordance with regulations prescribed by the State Board.
(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-22.2) (from Ch. 122, par. 103-22.2)
Sec. 3-22.2.
To publish annually a financial statement in accordance with
rules and regulations issued by the State Board. Such statement shall be
published at least once in a newspaper of general circulation
in the community college district.
(Source: P.A. 79-304.)
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(110 ILCS 805/3-22.3) (from Ch. 122, par. 103-22.3)
Sec. 3-22.3.
(Repealed).
(Source: P.A. 85-1420. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-23) (from Ch. 122, par. 103-23)
Sec. 3-23.
To provide for the revenue necessary to maintain such community college.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-24) (from Ch. 122, par. 103-24)
Sec. 3-24.
To designate the treasurer who is to receive the taxes of the
district and to notify the collectors in writing accordingly.
(Source: Laws 1965, p. 1529.)
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(110 ILCS 805/3-25) (from Ch. 122, par. 103-25)
Sec. 3-25.
To adopt and enforce all necessary rules for the management and
government of the colleges of its district.
(Source: Laws 1965, p. 1529.)
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(110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)
Sec. 3-25.1.
To authorize application to the State
Board for the
approval of new units of instruction, research, or public service as defined
in this Section and to establish such new units following approval
in
accordance with the provisions of this Act and the Board of Higher Education
Act.
The term "new unit of instruction, research, or public service" includes
the establishment of a college, school, division, institute, department,
or other unit including majors and curricula in any field of instruction,
research, or public service not theretofore included in the program of the
community college, and includes the establishment of any new branch or campus
of the institution. The term shall not include reasonable and moderate
extensions
of existing curricula, research, or public service programs which have a
direct relationship to existing programs; and the State Board may, under
its rulemaking power, define the character of reasonable and moderate
extensions.
(Source: P.A. 100-884, eff. 1-1-19; 101-81, eff. 7-12-19.)
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(110 ILCS 805/3-25.2) (from Ch. 122, par. 103-25.2)
Sec. 3-25.2.
Armed forces recruiting and training.
(a) To provide, on an equal basis, access to the campus to
the official recruiting representatives of the armed forces of Illinois
and the United States for the purpose of informing students of the educational
and career opportunities available in the military if the board has provided
such access to persons or groups whose purpose is to acquaint students with
educational or occupational opportunities available to them. The board
is not required to give greater notice regarding the right of access to
recruiting representatives than is given to other persons and groups.
(b) To not bar or exclude from its curriculum, campus, or school
facilities any armed forces training program or organization operated under
the authority of the United States government because the program or
organization complies with rules, regulations, or policies of the United
States government or any agency, branch, or department thereof.
(Source: P.A. 92-651, eff. 7-11-02.)
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(110 ILCS 805/3-26) (from Ch. 122, par. 103-26)
Sec. 3-26.
(a) To make appointments and fix the salaries of a
chief administrative officer, who shall be the executive
officer of the board, other administrative personnel and all teachers.
In making these appointments and fixing the salaries, the board may
make no discrimination on account of sex, race, creed, color or national origin.
(b) Upon the written request of an employee, to
withhold from the compensation of that employee the membership
dues of such employee
payable to any specified labor organization
as defined in the Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld for each regular payroll period
which is equal to the prorata share of the annual membership dues plus
any payments or contributions and the
board shall pay such withholding to the specified labor organization
within 10 working days from the time of the withholding.
(Source: P.A. 83-1014.)
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(110 ILCS 805/3-26.1) (from Ch. 122, par. 103-26.1)
Sec. 3-26.1.
Any employee of a community college board who is a member
of any reserve component of the United States Armed Services,
including the Illinois National Guard, and who is mobilized to active
military duty on or after August 1, 1990 shall for each pay period beginning on or
after August 1, 1990 continue to receive the same regular compensation
that he receives or was receiving as an employee of the community college
board at the time he is or was so mobilized to active military duty, plus
any health insurance and other benefits he is or was receiving or accruing
at that time, minus the amount of his base pay for military service, for
the duration of his active military service. If the employee's active military duty commences on or after the effective date of this amendatory Act of the 100th General Assembly, the military duty shall not result in the loss or diminishment of any employment benefit, service credit, or status accrued at the time the duty commenced.
In the event any provision of a collective bargaining agreement or any
community college board or district policy covering any employee so ordered
to active duty is more generous than the provisions contained in this
Section the collective bargaining agreement or community college board or
district policy shall be controlling.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-26.5)
Sec. 3-26.5. Students called to active military service. A community college shall allow a currently enrolled student who is called to active military service to complete any unfinished courses at a later date at no additional charge, unless course credit has already been given or the student received a full refund upon withdrawing from the course (in which case the student's record shall reflect that the withdrawal is due to active military service). The student must be given priority over other students in reenrolling in the course or courses. The Board may adopt any rules necessary to implement this Section.
(Source: P.A. 94-587, eff. 8-15-05.) |
(110 ILCS 805/3-27) (from Ch. 122, par. 103-27)
Sec. 3-27.
To pay no orders except for teachers' wages unless at the time there are
sufficient funds in the hands of the treasurer to pay such order, except as
herein provided.
(a) It shall be lawful for the board to submit to the treasurer a
certified copy of the board minutes properly signed by the secretary and
chairman or by a majority of the Board, showing all bills approved for
payment by the Board and clearly showing to whom and for what purpose each
payment is to be made by the treasurer and to what budgetary item each
payment shall be debited and such certified copy shall serve as full
authority to the treasurer to make the payments as thus approved; this
shall not preclude the use of a voucher system, or any other system of
sound accounting and business procedure, provided that such system reflects
the facts and that the same is in accordance with the regulations
prescribed by or approved by the State Board.
(b) It shall be lawful for the Board by resolution to establish
revolving funds provided such funds are in the custody of an employee who
shall be bonded as provided in Section 3-19 for bonding treasurers and who
shall be responsible to the Board and the treasurer, subject to regular
annual audit by licensed public accountants and other such examinations as
the Board shall deem advisable and kept in accordance with regulations
prescribed by the State Board. A monthly report and annual summary of all
receipts and expenditures of the fund shall be submitted to the Board and
the treasurer. All funds advanced by the treasurer to operate the revolving
funds shall be carried on the treasurer's books as cash obligations due the
district and all receipts of such revolving funds shall be deposited daily
in a bank or savings and loan association to be approved by the treasurer,
unless there is no bank or savings and loan association in the
community, in which event receipts shall be deposited intact not less than
once a week in a bank or savings and loan association approved by the
treasurer. All reimbursements to any
such revolving funds from the district funds shall be completely itemized
as to whom paid, for what purpose, and against what budgetary item the
expenditure is chargeable.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(c) The Board shall establish rules and regulations governing conditions
under which classes, clubs, and associations may acquire or collect funds
in the name of any college and under such regulations as the State Board
may prescribe.
(Source: P.A. 83-541.)
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(110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
Sec. 3-27.1. Contracts. To award all contracts for purchase of
supplies, materials or work involving an expenditure in excess of $25,000 or a lower amount as required by board policy to
the lowest responsible bidder considering conformity with specifications,
terms of delivery, quality, and serviceability; after due advertisement,
except the following: (a) contracts for the services of individuals
possessing a high degree of professional skill where the ability or fitness
of the individual plays an important part; (b) contracts for
the printing of finance committee reports and departmental reports; (c)
contracts for the printing or engraving of bonds, tax warrants and other
evidences of indebtedness; (d) contracts for materials and work which
have been awarded to the lowest responsible bidder after due advertisement,
but due to unforeseen revisions, not the fault of the contractor for
materials and work, must be revised causing expenditures not in excess of
10% of the contract price; (e) contracts for the maintenance or servicing
of, or provision of repair parts for, equipment which are made with the
manufacturer or authorized service agent of that equipment where the
provision of parts, maintenance, or servicing can best be performed by the
manufacturer or authorized service agent; (f) purchases and contracts for
the use, purchase, delivery, movement, or installation of data processing
equipment, software, or services and telecommunications and inter-connect
equipment, software, and services; (g) contracts for duplicating machines
and supplies; (h) contracts for the purchase of natural gas when the cost
is less than that offered by a public utility; (i) purchases of equipment
previously owned by some entity other than the district itself; (j)
contracts for repair, maintenance, remodeling, renovation, or construction,
or a single project involving an expenditure not to exceed $50,000 and not
involving a change or increase in the size, type, or extent of an existing
facility; (k) contracts for goods or services procured from another
governmental agency; (l) contracts for goods or services which are economically
procurable from only one source, such as for the purchase of magazines,
books, periodicals, pamphlets and reports, and for utility services such
as water, light, heat, telephone or telegraph; (m) where funds are
expended in an emergency and such emergency expenditure is approved by 3/4
of the members of the board; and (n) contracts for the purchase of perishable foods and perishable beverages.
All competitive bids for contracts involving an expenditure in excess of
$25,000 or a lower amount as required by board policy must be sealed by the bidder and must be opened by a member or
employee of the board at a public bid opening at which the contents of the
bids must be announced. Each bidder must receive at least 3 days' notice of
the time and place of such bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one public notice
at least 10 days before the bid date in a newspaper published in the
district, or if no newspaper is published in the district, in a newspaper
of general circulation in the area of the district. Electronic bid submissions shall be considered a sealed document for competitive bid requests if they are received at the designated office by the time and date set for receipt for bids. However, bids for construction purposes are prohibited from being submitted electronically. Electronic bid submissions must be authorized by specific language in the bid documents in order to be considered and must be opened in accordance with electronic security measures in effect at the community college at the time of opening. Unless the electronic submission procedures provide for a secure receipt, the vendor assumes the risk of premature disclosure due to submission in an unsealed form.
The provisions of this Section do not apply to guaranteed energy savings
contracts entered into under Article V-A. The provisions of this Section do not prevent a community college from complying with the terms and conditions of a grant, gift, or bequest that calls for the procurement of a particular good or service, provided that the grant, gift, or bequest provides all funding for the contract, complies with all applicable laws, and does not interfere with or otherwise impair any collective bargaining agreements the community college may have with labor organizations.
(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
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(110 ILCS 805/3-27.2) (from Ch. 122, par. 103-27.2)
Sec. 3-27.2.
To participate in joint purchases by governmental units pursuant to "An
Act authorizing certain governmental units to purchase personal property,
supplies and services jointly", approved August 15, 1961, as amended.
(Source: P.A. 78-488.)
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(110 ILCS 805/3-27.3) (from Ch. 122, par. 103-27.3)
Sec. 3-27.3.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(110 ILCS 805/3-28) (from Ch. 122, par. 103-28)
Sec. 3-28.
To adopt regulations for the admission of students which do not conflict
with the provisions in Section 3-17.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-29) (from Ch. 122, par. 103-29)
Sec. 3-29.
To indemnify and protect board members and employees
of boards against civil rights damage claims and suits, constitutional
rights damage claims and suits, death, bodily injury and property damage claims and
suits, including defense thereof, when damages are sought for alleged
negligent or wrongful acts while such board member or employee is engaged in the exercise or performance of any powers or duties
of the board, or is acting within the scope of employment or under the
direction of the community college board.
To insure against any loss or liability of the district or board
members and employees of boards against civil rights
damage claims and suits, constitutional rights damage claims and suits and
death, bodily injury and property damage claims and suits, including defense thereof,
when damages are sought for alleged negligent or wrongful acts while such
board member or employee is engaged in the exercise
or performance of any powers or duties of the board, or is acting within the scope of
employment or under the direction of the board. Such insurance shall be
carried in a company licensed to write such coverage in this State.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-29.1) (from Ch. 122, par. 103-29.1)
Sec. 3-29.1.
To grant to full time teachers and other employees sick
leave not less in amount than 10 days at full pay in each school year.
If any such teacher or employee does not use the full amount of annual leave
thus allowed, the unused amount shall accumulate to a minimum available
leave of 180 days at full pay, including the leave of the current year.
(Source: P.A. 83-735.)
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(110 ILCS 805/3-29.1a) Sec. 3-29.1a. Family and medical leave coverage. A community college employee who has been employed by the community college district for at least 12 months and who has worked at least 1,000 hours in the previous 12-month period shall be eligible for family and medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22.) |
(110 ILCS 805/3-29.2) (from Ch. 122, par. 103-29.2)
Sec. 3-29.2.
To establish a program to assess the oral English
language proficiency of all persons providing classroom instruction to
students at each community college and campus thereof under the
jurisdiction, governance or supervision of the board, and to ensure that
each person who is not orally proficient in the English language attain
such proficiency prior to providing any classroom instruction to students.
The program required by this Section shall be fully implemented to ensure
the oral English language proficiency of all classroom instructors at each
community college and campus thereof under the jurisdiction, governance
or supervision of the board by the beginning of the 1987-88 academic year.
Any other provisions of this Section to the contrary notwithstanding,
nothing in this Section shall be deemed or construed to apply to, or to
require such oral English language proficiency of any person who provides
classroom instruction to students in foreign language courses only.
(Source: P.A. 84-1434.)
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(110 ILCS 805/3-29.3)
Sec. 3-29.3. Sexual assault awareness education. A community college shall provide some form of sexual assault awareness education to all incoming students, whether through a seminar, online training, or some other way of informing students.
(Source: P.A. 95-764, eff. 1-1-09.) |
(110 ILCS 805/3-29.4)
Sec. 3-29.4. Buildings available for emergency purposes. The board shall make mutually agreed buildings of the college available for emergency purposes, upon the request of the Illinois Emergency Management Agency, the State-accredited emergency management agency with jurisdiction, or the American Red Cross, and cooperate in all matters with the Illinois Emergency
Management Agency, local emergency management agencies, State-certified, local public health departments, the American Red Cross, and
federal agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.) |
(110 ILCS 805/3-29.5) Sec. 3-29.5. Veterans' Day; moment of silence. If a community college holds any type of event at the community college on November 11, Veterans' Day, the board shall require a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10.) |
(110 ILCS 805/3-29.6) Sec. 3-29.6. Faculty and staff contact with public officials. All faculty and staff members of a community college are free to communicate their views on any matter of private or public concern to any member of the legislative, executive, or judicial branch of government, State or federal, without notice to or prior approval of the community college, so long as they do not represent that they are speaking for or on behalf of the community college.
(Source: P.A. 96-147, eff. 8-7-09; 96-1000, eff. 7-2-10.) |
(110 ILCS 805/3-29.7) Sec. 3-29.7. Faculty and staff political displays. A community college may not prohibit any faculty or staff member from (i) displaying political buttons, stickers, or patches while on community college property, provided that such display by any member of the faculty in an instructional setting is for a purpose relevant to the subject of instruction; (ii) attending a partisan political rally, provided that the employee is not on duty; or (iii) displaying a partisan bumper sticker on his or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; 96-1000, eff. 7-2-10.) |
(110 ILCS 805/3-29.8) Sec. 3-29.8. Administrator and faculty salary and benefits; report. Each board of trustees shall report to the State Board, on or before July 1 of each year, the base salary and benefits of the president or chief executive officer of the community college and all administrators, faculty members, and instructors employed by the community college district. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements.
(Source: P.A. 99-655, eff. 7-28-16.) |
(110 ILCS 805/3-29.9) Sec. 3-29.9. American Sign Language courses. To adopt regulations for the awarding of academic credit for the successful completion of any American Sign Language course offered or approved by a community college, which may be applied toward the satisfaction of any foreign language requirements of the community college, except for those requirements related to the content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; 97-333, eff. 8-12-11.) |
(110 ILCS 805/3-29.10) Sec. 3-29.10. Priority enrollment; service member or veteran. (a) For the purposes of this Section: "Service member" means a resident of this State who is a member of any component of the U.S. Armed Forces, including any reserve component, or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States and who is eligible to receive military educational benefits. "Veteran" means a resident of this State who was a service member and who has received an honorable discharge, a general discharge, or an other than honorable discharge. (b) A board shall give the earliest possible enrollment opportunity that a community college offers to a service member or veteran. (c) The priority enrollment provided pursuant to this Section shall apply to enrollment for all degree and certificate programs offered by a community college after the student's eligibility to receive benefits has been verified by the community college.
(Source: P.A. 98-316, eff. 1-1-14.) |
(110 ILCS 805/3-29.11) Sec. 3-29.11. Southwestern Illinois College dual credit program. Notwithstanding any provisions of this Act to the contrary, East St. Louis School District 189 is encouraged to allow students in grades 11 and 12 to take classes at Southwestern Illinois College for dual credit at no cost to the student.
(Source: P.A. 100-190, eff. 1-1-18.) |
(110 ILCS 805/3-29.12) Sec. 3-29.12. Black History course. Subject to Section 7 of the Board of Higher Education Act, every community college shall offer a course studying
the events of Black History, including the history of the African slave trade, slavery in America, and the vestiges of slavery in this country. These events shall include not only the
contributions made by individual African-Americans in government and in the
arts, humanities, and sciences to the economic, cultural, and political
development of the United States and Africa, but also the socio-economic
struggle that African-Americans experienced collectively in striving to
achieve fair and equal treatment under the laws of this nation. The
taking of this course shall constitute an affirmation by students of
their commitment to respect the dignity of all races and peoples and to
forever eschew every form of discrimination in their lives and careers. A community college may meet the requirements of this Section by offering an online course.
(Source: P.A. 100-634, eff. 1-1-19.) |
(110 ILCS 805/3-29.13) Sec. 3-29.13. Mental health resources. For the 2020-2021 academic year and for each academic year thereafter, each community college district must make available to its students information on all mental health and suicide prevention resources available at the community college.
(Source: P.A. 101-217, eff. 1-1-20.) |
(110 ILCS 805/3-29.14)
Sec. 3-29.14. Modification of athletic or team uniform permitted. (a) A board must allow a student athlete to modify his or her athletic or team uniform due to the observance of modesty in clothing or attire in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform, the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the board for such modification. However, nothing in this Section prohibits the community college from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | ||
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(2) does not cover any part of the face; (3) is not dangerous to the player or to the other | ||
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(4) has no opening or closing elements around the | ||
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(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)
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(110 ILCS 805/3-29.14a)
Sec. 3-29.14a. Availability of menstrual hygiene products. (a) In this Section, "menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle. (b) Each board shall make menstrual hygiene products available, at no cost to students, in the bathrooms of facilities or portions of facilities that (i) are owned or leased by the board or over which the board has care, custody, and control and (ii) are used for student instruction or administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; 102-813, eff. 5-13-22.)
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(110 ILCS 805/3-29.16)
Sec. 3-29.16. Adjunct professor; status of class. (a) At least 30 days before the beginning of a semester or term and again at 14 days before the beginning of the semester or term, a community college must notify an adjunct professor about the status of class enrollment of the class the adjunct professor was assigned to teach. (b) This Section does not apply if the Governor has declared a disaster due to a public health emergency or a natural disaster pursuant to Section 7 of the Illinois Emergency Management Agency Act. (c) Collective bargaining agreements that are in effect on January 1, 2022 (the effective date of Public Act 102-260) are exempt from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; 102-813, eff. 5-13-22.)
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(110 ILCS 805/3-29.17)
Sec. 3-29.17. Undocumented Student Liaison; Undocumented Student Resource Center. (a) Beginning with the 2022-2023 academic year, a board shall designate an employee as an Undocumented Student Resource Liaison to be available on campus to provide assistance to undocumented students and mixed status students within the United States in streamlining access to financial aid and academic support to successfully matriculate to degree completion. The Undocumented Student Liaison shall provide assistance to vocational students, undergraduate students,
and professional-track students. An employee who is designated as an Undocumented Student Liaison must be knowledgeable about current legislation and policy changes through professional development with the Illinois Dream Fund Commission to provide the wrap-around services to such students. The Illinois Dream Fund Commission shall conduct professional development under this Section. The Illinois Dream Fund Commission's task force on immigration issues and the Undocumented Student Liaison shall ensure that undocumented immigrants and students from mixed status households receive equitable and inclusive access to the community college district's retention and matriculation programs. The board shall ensure that an Undocumented Student Liaison is available at each campus of the community college district. The Undocumented Student Liaison must be placed in a location that provides direct access for students in collaboration with the retention and matriculation programs of the community college district. The Undocumented Student Liaison shall report directly to senior leadership and shall assist leadership with the review of policies and procedures that directly affect undocumented and mixed status students. An Undocumented Student Liaison may work on outreach efforts to provide access to resources and support within the grade P-20 education pipeline by supporting summer enrichment programs and pipeline options for students in any of grades 9 through 12. (b) A board is encouraged to establish an Undocumented Student Resource Center on each campus of the community college district. An Undocumented Student Resource Center may offer support services, including, but not limited to, State and private financial assistance, academic and career counseling, and retention and matriculation support services, as well as mental health counseling options because the changing immigration climate impacts a student's overall well-being and success. An Undocumented Student Resource Center may be housed
within an existing student service center or academic center, and the new construction of an Undocumented Student Resource Center is not required under this Section. The board may seek and accept any financial support through institutional advancement, private gifts, or donations to aid in the creation and operation of and the services provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(110 ILCS 805/3-29.18)
Sec. 3-29.18. Students with disabilities. (a) Each community college district shall provide access to higher education for students with disabilities, including, but not limited to, students with intellectual or developmental disabilities. Each community college is encouraged to offer for-credit and non-credit courses as deemed appropriate for the individual student based on the student's abilities, interests, and postsecondary transition goals, with the appropriate individualized supplementary aids and accommodations, including general education courses, career and technical education, vocational training, continuing education certificates, individualized learning paths, and life skills courses for students with disabilities. (b) Each community college is strongly encouraged to have its disability services coordinator or the coordinator's representative participate either in person or remotely in meetings held by high schools within the community college district to provide information to the student's individualized education program team, including the student and the student's parent or guardian, about the community college and the availability of courses and programs at the community college.
(Source: P.A. 102-516, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(110 ILCS 805/3-29.19)
Sec. 3-29.19. Personal support worker's attendance in class permitted. If a student of a community college district has a personal support worker through the Home-Based Support Services Program for Adults with Mental Disabilities under the
Developmental Disability and Mental Disability Services Act, the board must permit the personal support worker to attend class with the student but is not responsible for providing or paying for the personal support worker. If the personal support worker's attendance in class is solely to provide personal support services to the student, the board may not charge the personal support worker tuition and fees for such attendance.
(Source: P.A. 102-568, eff. 8-23-21; 102-813, eff. 5-13-22.)
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(110 ILCS 805/3-29.20) Sec. 3-29.20. Benefits navigator. (a) In this Section: "Benefits navigator" means an individual who is designated by a community college for the purpose of helping students at the community college determine eligibility for benefit programs and identify campuswide and community resource support. "Benefit program" means any federal, State, or local program that provides assistance or benefits to individuals on the basis of need. (b) A community college shall: (1) designate a benefits navigator who has a detailed | ||
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(2) provide training for the benefits navigator; and (3) participate in a statewide community college | ||
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(c) The benefits navigator designated under this Section shall: (1) assist students at the community college in | ||
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(2) use the consortium under paragraph (3) of | ||
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(3) coordinate and provide culturally specific | ||
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(d) The community college, in consultation with the benefits navigator designated under this Section, shall develop an internal process to enable students at the community college to provide feedback and recommendations on how the community college can better assist students in determining eligibility for benefit programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(110 ILCS 805/3-29.23)
Sec. 3-29.23. COVID-19 sick leave. For purposes of this Section, "employee" means a person employed by a community college or community college district on or after April 5, 2022 (the effective date of Public Act 102-697). Any sick leave used by an employee of a community college or community college district during the 2021-2022 academic year shall be returned to an employee of the community college or community college district who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 3-29.25 of this Act, if: (1) the sick leave was taken because the employee was | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the community college or | ||
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(2) the sick leave was taken to care for a child of | ||
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(A) had a confirmed positive COVID-19 diagnosis | ||
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(B) had a probable COVID-19 diagnosis via an | ||
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(C) was in close contact with a person who had a | ||
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(D) was required by the school or school district | ||
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Leave shall be returned to an employee pursuant to this Section provided that the employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 3-29.25 of this Act no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697). The community college district may not rescind any sick leave returned to an employee of the community college or community college district on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 3-29.25 of this Act, at the time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; 103-154, eff. 6-30-23.) |
(110 ILCS 805/3-30) (from Ch. 122, par. 103-30)
Sec. 3-30.
The board of any community college district has the powers enumerated in
Sections 3-31 through 3-43 of this Act. This enumeration of powers is not exclusive but
the board may exercise all other powers, not inconsistent with this Act,
that may be requisite or proper for the maintenance, operation and
development of any college or colleges under the jurisdiction of the board.
(Source: P.A. 96-269, eff. 8-11-09.)
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(110 ILCS 805/3-29.25) Sec. 3-29.25. COVID-19 paid administrative leave. (a) In this Section: "Employee" means a person employed by a community college or community college district on or after the effective date of this amendatory Act of the 102nd General Assembly. "Fully vaccinated against COVID-19" means: (1) 2 weeks after receiving the second dose in a | ||
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(2) 2 weeks after receiving a single dose of a | ||
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"Fully vaccinated against COVID-19" also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services to the definition of "fully vaccinated against COVID-19" to include any such booster doses. For purposes of this Section, individuals who are eligible for a booster dose but have not received a booster dose by 5 weeks after the Department of Public Health adopts a revised definition of "fully vaccinated against COVID-19" are not considered fully vaccinated for determining eligibility for future paid administrative leave pursuant to this Section. (b) During any time when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and a community college district, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of a community college or community college district from being on community college district property because the employee (i) has a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19, (ii) has a probable COVID-19 diagnosis via an antigen diagnostic test, (iii) has been in close contact with a person who had a confirmed case of COVID-19 and is required to be excluded from a community college district, or (iv) is required by a community college or community college district policy to be excluded from community college district property due to COVID-19 symptoms, the employee of a community college or community college district shall receive as many days of administrative leave as required to abide by the public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative if any. Such leave shall be provided to an employee for any days for which the employee was required to be excluded from community college district property prior to the effective date of this amendatory Act of the 102nd General Assembly, provided that the employee receives all doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly. (c) An employee of a community college or community college district shall receive paid administrative leave pursuant to subsection (b) of this Section, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative if any, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child: (1) has a confirmed positive COVID-19 diagnosis via | ||
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(2) has probable COVID-19 diagnosis via an antigen | ||
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(3) was in close contact with a person who has a | ||
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(4) was required by school or school district | ||
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Such leave shall be provided to an employee for any days needed to care for a child of the employee prior to the effective date of this amendatory Act of the 102nd General Assembly, provided that the employee receives the doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly. (d) An employee of a community college or community college district who is on paid administrative leave pursuant to this Section must provide all documentation requested by the community college or community college district. (e) An employee of a community college or community college district who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section may not diminish any other leave or benefits of the employee. (f) An employee of a community college or community college district may not accrue paid administrative leave pursuant to this Section. (g) For an employee of a community college or community college district to be eligible to receive paid administrative leave pursuant to this Section, the employee must: (1) have received all doses required to be fully | ||
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(2) participate in the COVID-19 testing program | ||
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(h) Nothing in this Section is intended to affect any right or remedy under federal law. (i) No paid administrative leave awarded to or used by a fully vaccinated employee prior to the Department of Public Health's adoption of a revised definition of the term "fully vaccinated against COVID-19" may be rescinded on the basis that the employee no longer meets the definition of "fully vaccinated against COVID-19" based on the revised definition.
(Source: P.A. 102-697, eff. 4-5-22.) |
(110 ILCS 805/3-31) (from Ch. 122, par. 103-31)
Sec. 3-31.
To provide for or participate in provisions for insurance
protection and benefits for its employees and their dependents, including
but not limited to retirement annuities, medical, surgical and hospital
benefits, in such types and amounts as shall be determined by the board for
the purpose of aiding in securing and retaining the services of competent
employees. Such insurance may include provisions for employees and their
dependents who rely on treatment by spiritual means alone through prayer
for healing in accord with the tenets and practices of well-recognized
religious denominations. Where employee participation in such provisions is
involved, the board may with the consent of the employee withhold
deductions from the employee's salary necessary to defray the employee's
share of such insurance cost.
For purposes of this section, the term "dependent" means an employee's
spouse and any unmarried child (1) under the age of 19 years including (a)
an adopted child and (b) a step-child or recognized child who lives with
the employee in a regular parent-child relationship, or (2) under the age
of 23 who is enrolled as a fulltime student in any accredited school,
college or university.
(Source: P.A. 86-1245.)
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(110 ILCS 805/3-31.1) (from Ch. 122, par. 103-31.1)
Sec. 3-31.1.
To provide, for students and employees, auxiliary services
related to the adequate operation of the college. In exercising this power
the board may provide, purchase, lease or contract for such services.
(Source: Laws 1967, p. 1229.)
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(110 ILCS 805/3-31.2)
Sec. 3-31.2.
(Repealed).
(Source: P.A. 90-521, eff. 8-22-97. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-32) (from Ch. 122, par. 103-32)
Sec. 3-32.
To establish tenure policies for the employment of teachers and
administrative personnel, and the cause for removal.
(Source: P.A. 78-699.)
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(110 ILCS 805/3-33) (from Ch. 122, par. 103-33)
Sec. 3-33.
To borrow money and issue or cause to be issued bonds for the purposes,
and in the manner provided in this Act.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-33.1) (from Ch. 122, par. 103-33.1)
Sec. 3-33.1.
The board may, by resolution, establish a fund to be known as a "working
cash fund" which shall be maintained and administered for the purpose of
enabling the board to have in its treasury at all times sufficient money to
meet demands thereon for ordinary and necessary expenditures for all
community college purposes.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-33.2) (from Ch. 122, par. 103-33.2)
Sec. 3-33.2. Bonds for working cash fund. (a) Except as provided in subsection (b) of this Section, in order to create, maintain
or increase such a working
cash fund for the purposes mentioned in Section 3-33.1, the board may incur an
indebtedness for such
purpose and issue bonds therefor from time to time, in an amount or amounts
not exceeding in the aggregate at any one time outstanding 75% of the taxes
permitted to be levied for educational purposes and for operations and
maintenance of facilities purposes for the then current year to be
determined by multiplying the aggregate of the authorized maximum
educational tax rate and the maximum operations and maintenance tax rate
applicable to such district by the last assessed valuation as determined at
the time of the issue of those bonds plus 75% of the last known entitlement
of such district to taxes as by law now or hereafter enacted or amended,
imposed by the General Assembly of the State of Illinois to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois. (b) For a period of 3 years after the effective date of this amendatory Act of the 96th General Assembly, in order to create, maintain,
or increase such a working
cash fund for the purposes mentioned in Section 3-33.1, the board may incur an
indebtedness for such
purpose and issue bonds therefor from time to time, in an amount or amounts
not exceeding in the aggregate at any one time outstanding 150% of the taxes
permitted to be levied for educational purposes and for operations and
maintenance of facilities purposes for the then current year to be
determined by multiplying the aggregate of the authorized maximum
educational tax rate and the maximum operations and maintenance tax rate
applicable to such district by the last assessed valuation as determined at
the time of the issue of those bonds plus 150% of the last known entitlement
of such district to taxes as by law now or hereafter enacted or amended,
imposed by the General Assembly of the State of Illinois to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois. (c) The bonds may be
issued without submitting the question of issuance thereof to the voters of
the community college district for approval. Any bonds issued under this
Section shall bear interest at a rate of not more
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
shall mature within 20 years from the date of issue. Subject to the
foregoing limitations as to amount, the bonds may be
issued in an amount including existing indebtedness which will exceed any
statutory debt limitation.
(d) With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 96-912, eff. 6-9-10.)
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(110 ILCS 805/3-33.3) (from Ch. 122, par. 103-33.3)
Sec. 3-33.3.
Before issuing any bonds under Section 3-33.2, the board shall adopt a
resolution designating the purpose and fixing the amount of the bonds
proposed to be issued, the maturity thereof, the rate of interest thereon
and the amount of taxes to be levied annually for the purpose of paying the
principal and interest.
The bonds shall be issued in the corporate name of the community college
district. They shall be signed by the chairman and secretary of the board.
The bonds shall be sold by the board at not less than par upon such terms
as may be approved by the board after advertisement for bids and the
proceeds thereof shall be received by the treasurer for the uses herein
provided.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-33.4) (from Ch. 122, par. 103-33.4)
Sec. 3-33.4.
Working cash fund; tax to pay bond principal and interest.
The board by resolution, before or at the time of issuing the bonds, shall
provide for the levy and collection of a direct annual tax upon all the
taxable property within the district sufficient to pay the principal
thereof at maturity and to pay the interest thereon as it falls due, which
tax shall be in addition to the maximum amount of all other taxes, either
educational or operations and maintenance fund taxes, now or hereafter
authorized and in addition to any limitations upon the levy of taxes
provided by this Act. All monies derived from any tax levied pursuant to
this Section when received by the community college treasurer, shall be set
apart in a fund specified by the State Board and used in the manner provided
in this Section. The bonds may be issued redeemable at the option of
the board of the district issuing them on any interest payment date upon
terms and in the manner provided in the bond resolution. Upon the filing in
the office of the county clerk of each county in which any part of the
community college district is situated of a certified copy of such
resolution or ordinance, as the case may be, the county clerk shall extend
the tax therein provided for. The resolution or ordinance, as the case may
be, shall be in force upon its passage.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/3-33.5) (from Ch. 122, par. 103-33.5)
Sec. 3-33.5.
All monies derived from the issuance of bonds under Section
3-33.2 when received by the community college treasurer, shall be set apart
in the working cash fund and used in the manner provided in this Section.
The monies in such fund shall not be regarded as current assets available
for appropriation and may not be appropriated by the board in the annual
community college budget. The board may appropriate monies to the working
cash fund up to the maximum amount allowable in the fund, and the working
cash fund may receive such appropriations and any other contributions. In
order to provide monies with which to meet ordinary and necessary
disbursements for educational and operations and maintenance of facilities
purposes, such monies may be transferred, in whole or in part, to the
educational purposes or operations and maintenance purposes fund of the
board, or to both, and so disbursed therefrom (a) in anticipation of the
collection of that part of the taxes so levied which is in excess of the
amount or amounts thereof required to pay any warrants, and the interest
thereon, theretofore or thereafter issued under this Act, (b) in
anticipation of the receipt by the district of monies from the State,
Federal government or other sources or (c) in anticipation of such taxes,
as by law now or hereafter enacted or amended, imposed by the General
Assembly of the State of Illinois to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois. Such taxes levied or to be received
for educational or operations and maintenance of facilities purposes when
collected shall be applied first to the payment of any such warrants or
notes and the interest thereon and then to the reimbursement of the working
cash fund as hereinafter provided. Such monies from the State, Federal
government and other sources, when received, shall be used to reimburse the
working cash fund to the extent transfers therefrom were made in
anticipation thereof. If taxes in anticipation of the collection of which
such transfers are made are not collected in sufficient amounts to effect a
complete reimbursement of the working cash fund of the amounts transferred
from the working cash fund to the educational fund and operations and
maintenance fund the deficiencies between the amounts thus transferred and
the amounts repaid from collections shall be general obligations of the
educational fund and operations and maintenance fund until repaid either
from taxes in anticipation of which transfers were made or from
appropriations which may be made in annual community college budgets of
sums of money to apply on such general obligations, or until repaid from
both the taxes in anticipation of which such transfers were made and from
appropriations which may be made in annual community college budgets of
sums of money to apply on such general obligations.
(Source: P.A. 85-1335; 86-1246.)
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(110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
Sec. 3-33.6.
Monies in the working cash fund may be used for any and all community college purposes and may be transferred in whole or in part from the working cash fund to
the educational fund or operations and maintenance fund only
upon the authority of the board, which shall by resolution direct the
community college treasurer to make such transfers. The resolution shall
set forth (a) the taxes or other funds in anticipation of the collection
or receipt of which the working cash fund is to be reimbursed, (b) the
entire amount of taxes extended, or which the board shall estimate will
be extended or received, for any year in anticipation of the collection
of all or part of which such transfers are to be made, (c) the aggregate
amount of warrants or notes theretofore issued in anticipation of the
collection of such taxes under this Act together with the amount of
interest accrued and which the community college board estimates will
accrue thereon, (d) the amount of monies which the community college
board estimates will be derived for any year from the State, Federal
government or other sources in anticipation of the receipt of all or
part of which such transfer is to be made, (e)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended, and (f) the
aggregate amount of monies theretofore transferred from the working cash
fund to the educational fund or operations and maintenance fund in
anticipation of the collection of such taxes or of the receipt of such
other monies from other sources. The amount which the resolution shall
direct the community college treasurer so to transfer in anticipation of
the collection of taxes levied or to be received for any year, together
with the aggregate amount of such anticipation tax warrants or notes
theretofore drawn against such taxes and the amount of the interest
accrued and estimated to accrue thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and the aggregate amount of such
transfers theretofore made in anticipation of the collection of such
taxes may not exceed 90% of the actual or estimated amount of such taxes
extended or to be extended or to be received as set forth in the
resolution. The amount which the resolution shall direct the community
college treasurer so to transfer in anticipation of the receipt of
monies to be derived for any year from the State, Federal government or
from other sources, together with the aggregate amount theretofore
transferred in anticipation of the receipt of any such monies, may not
exceed the total amount which it is so estimated will be received from
such source. Any community college district may also abolish its working
cash fund upon the adoption of a resolution so providing and directing
the transfer of any balance in such fund to the operating funds at the close of the then-current fiscal year or may abate its working cash fund upon the adoption of a resolution so providing and directing the transfer of part of the balance in such fund to the operating funds at any time. If a
community college district elects to abolish or abate its working cash fund under
this provision, it shall have the authority to increase or again create a working cash fund at any time in the manner
provided by Article III of this Act. When monies are available in the
working cash fund, they shall, unless the community college district has
abolished or abated its working cash fund pursuant to this Section, be transferred
to the educational fund and operations and maintenance fund and
disbursed for the payment of salaries and other educational purposes
and operation and maintenance of facilities purposes expenses so as to
avoid, whenever possible, the issuance of tax anticipation warrants.
Monies earned as interest from the investment of the working cash fund,
or any portion thereof, may be transferred from the working cash fund to
the educational fund or operations and maintenance fund of
the district without any requirement of repayment to the working cash fund,
upon the authority of the board by separate resolution directing the
treasurer to make such transfer and stating the purpose therefor.
(Source: P.A. 103-278, eff. 7-28-23.)
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(110 ILCS 805/3-33.6a) Sec. 3-33.6a. Abatement of working cash fund. A community college district may abate its working cash fund at any time, upon the adoption of a resolution so providing, and may direct the transfer at any time of moneys in that fund to any fund or funds of the district most in need of the money, provided that the district maintains an amount to the credit of the working cash fund, including amounts transferred pursuant to Section 3-33.6 and to be reimbursed to the working cash fund, at least equal to 0.05% of the then-current value, as equalized or assessed by the Department of Revenue, of the taxable property in the district. If necessary to effectuate the abatement, any outstanding loans to other funds of the district may be paid or become payable to the fund or funds to which the abatement is made.
(Source: P.A. 103-278, eff. 7-28-23.) |
(110 ILCS 805/3-33.7) Sec. 3-33.7. Establishment of lines of credit. The board may establish a line of credit with a bank or other financial institution in an amount not to exceed the following: (1) if anticipating State revenues due in the current | ||
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(2) if anticipating State revenues expected to be due | ||
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All moneys so borrowed shall be repaid exclusively from the anticipated revenues within 60 days after the revenues have been received. Borrowing authorized under subdivisions (1) and (2) of this Section shall bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, from the date of issuance until paid. Prior to establishing a line of credit under this Section, the board shall authorize, by resolution, the line of credit. The resolution shall set forth facts demonstrating the need for the line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed that set forth in this Section, and provide a date by which the borrowed funds must be repaid. The resolution shall direct the relevant officials to make arrangements to set apart and hold the revenue, as received, that will be used to repay the borrowing. In addition, the resolution may authorize the relevant officials to make partial repayments of the borrowing as the revenues become available and may contain any other terms, restrictions, or limitations not inconsistent with the provisions of this Section.
(Source: P.A. 98-719, eff. 1-1-15.) |
(110 ILCS 805/3-34) (from Ch. 122, par. 103-34)
Sec. 3-34.
To authorize the treasurer to make interfund loans from any fund
to any other fund maintained by the board and to make the necessary
transfers therefor, but each such loan must be repaid and retransferred to
the proper fund within one year.
(Source: Laws 1967, p. 1229.)
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(110 ILCS 805/3-35)
Sec. 3-35. (Repealed).
(Source: P.A. 93-390, eff. 7-25-03. Repealed by P.A. 96-57, eff. 7-23-09.)
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(110 ILCS 805/3-36) (from Ch. 122, par. 103-36)
Sec. 3-36.
To buy one or more sites for college purposes with necessary ground, and
to take and purchase the site for a college site either with or without the
owner's consent, by condemnation or otherwise; to pay the amount of any
award made by a jury in a condemnation proceedings; and to select and
purchase all sites without the submission of the question to any
referendum. Purchases under this Section may be made by contract for deed
when the board considers the use of such a contract to be advantageous to
the district but a contract for deed may not provide for interest on the
unpaid balance of the purchase price at a rate in excess of 6% per year nor
for a period of more than 10 years in which that price is to be paid. Title
to all real estate shall be taken and held in the name of the board of the
community college district.
(Source: P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/3-36.5) Sec. 3-36.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(110 ILCS 805/3-37) (from Ch. 122, par. 103-37)
Sec. 3-37.
To build, buy or lease suitable buildings upon a site and issue bonds, in the manner provided in Article IIIA, or enter into an installment loan arrangement with
a financial institution with a payback period of less than 20 years provided
the board has entered into a contractual agreement which provides sufficient
revenue to pay such loan in full from sources other than local taxes, tuition,
or State appropriations and to provide adequate additional operation and
maintenance funding for the term of the agreement, for
the purpose of borrowing money to buy sites and to either or both buy or
build and equip buildings and improvements.
Any provision in a contractual agreement providing for an installment
loan agreement authorized by this Section that obligates the State of Illinois
is against public policy and shall be null and void.
(Source: P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/3-38) (from Ch. 122, par. 103-38)
Sec. 3-38.
To lease, with or without an option to purchase, for a period
not to exceed 5 years or purchase under an installment contract extending
over a period of not more than 5 years, with interest at a rate not to
exceed 6% per year on the unpaid principal, such apparatus, equipment,
machinery or other personal property as may be required when authorized by
the affirmative vote of 2/3 of the members of the board. To lease for a
period not to exceed 20 years such rooms, buildings and land, or any one or
more of such items, as may be required when authorized by the affirmative
vote of 2/3 of the members of the board. The provisions of this Section do not apply to guaranteed
energy savings contracts or leases entered into under Article V-A.
(Source: P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/3-38.1) (from Ch. 122, par. 103-38.1)
Sec. 3-38.1.
To procure fire and extended coverage insurance on the buildings,
furnishings, machinery, equipment and other personal property used for
community college purposes. To procure liability and other types of
insurance, assurance, and indemnity bonds considered appropriate by the
board. Any insurance must be purchased from a company authorized to write
such insurance in this State.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-38.2) (from Ch. 122, par. 103-38.2)
Sec. 3-38.2.
To enter into contracts with any municipality or fire protection
district in which any community college buildings are located for the
purpose of reimbursing such fire protection district or municipality for
the additional costs of providing fire fighting equipment, apparatus or
additional paid personnel occasioned by the presence of community college
buildings within the municipality or fire protection district.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-39) (from Ch. 122, par. 103-39)
Sec. 3-39.
To accept federal funds when proffered for all types of
instructional programs, for student services and counseling, and for
construction of physical facilities.
(Source: Laws 1965, p. 1529.)
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(110 ILCS 805/3-39.1) (from Ch. 122, par. 103-39.1)
Sec. 3-39.1.
To
accept gifts, grants or legacies from any source when made
for community college purposes.
(Source: P.A. 83-388.)
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(110 ILCS 805/3-40) (from Ch. 122, par. 103-40)
Sec. 3-40.
To enter into contracts or agreements with any organization,
association, educational institution, or governmental agency for
providing educational
services for academic credit. The authority of any community college district to exercise the powers granted under this Section is subject to the prior review and approval of the State Board under subsection (i) of Section 2—12 of this Act.
(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-40.1) (from Ch. 122, par. 103-40.1)
Sec. 3-40.1.
To enter into joint agreements with school boards
to acquire and improve sites, construct and equip facilities thereon and
lease and equip facilities deemed necessary by the parties to
the joint agreement, and to maintain programs and to provide for financing of
the foregoing for advanced vocational
training and career education and to bill each
participating student's school district for an amount equal to the per
capita cost of operating the community college or to charge for
participation in accordance with the joint agreement
between the community
college district and the student's school district under Section 10-22.20a
of "The School Code", as now or hereafter amended.
Nothing herein contained shall be construed to restrict or
prohibit the rights of community college districts or school districts
to enter into joint agreements under the provisions of the Intergovernmental
Cooperation Act, as now or hereinafter amended.
(Source: P.A. 79-76.)
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(110 ILCS 805/3-40.2) (from Ch. 122, par. 103-40.2)
Sec. 3-40.2.
(Repealed).
(Source: P.A. 87-1044. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-41) (from Ch. 122, par. 103-41)
Sec. 3-41.
To sell at private or public sale any personal or real property
belonging to the district and not needed for community college purposes.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-42) (from Ch. 122, par. 103-42)
Sec. 3-42.
To employ such personnel as may be needed, to establish policies
governing their employment and dismissal, and to fix the amount of their
compensation. In the employment, establishment of policies and fixing of
compensation the board may make no discrimination on account of sex, race,
creed, color or national origin.
Residence within any community college district or outside any community
college district shall not be considered:
(a) in determining whether to retain or not retain any employee of a community
college employed prior to July 1, 1977 or prior to the adoption by the community
college board of a resolution making residency within the community college
district of some or all employees a condition of employment, whichever is later;
(b) in assigning, promoting or transferring any employee of a community
college to an office or position employed prior to July 1, 1977 or prior
to the adoption by the community college board of a resolution making residency
within the community college district of some or all employees a condition
of employment, whichever is later; or
(c) in determining the salary or other compensation of any employee of
a community college.
(Source: P.A. 80-248.)
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(110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)
Sec. 3-42.1. (a) To appoint law enforcement officer and non-law enforcement officer members of the community college district police department or department of public safety. (b) Members of the community college district police department or department of public safety who are law enforcement officers, as defined in the Illinois Police Training Act, shall be peace officers under the laws of this State. As such, law enforcement officer members of these departments shall have all of the powers of police officers in cities and sheriffs in counties, including the power to make arrests on view or on warrants for violations of State statutes and to enforce county or city ordinances in all counties that lie within the community college district, when such is required for the protection of community college personnel, students, property, or interests. Such officers shall have no power to serve and execute civil process. As peace officers in this State, all laws pertaining to hiring, training, retention, service authority, and discipline of police officers, under State law, shall apply. Law enforcement officer members must complete the minimum basic training requirements of a police training school under the Illinois Police Training Act. Law enforcement officer members who
have successfully completed an Illinois Law Enforcement Training Standards Board certified firearms course shall be equipped with appropriate firearms and auxiliary weapons. (c) Non-law enforcement officer members of the community college police, public safety, or security departments whose job requirements include performing patrol and security type functions shall, within 6 months after their initial hiring date, be required to successfully complete the 20-hour basic security training course
required by (i) the Department of Financial and Professional Regulation, Division of Professional Regulation for Security Officers, (ii) by the International Association of College Law Enforcement Administrators, or (iii) campus protection officer training program or a similar course
certified and approved by the Illinois Law Enforcement Training Standards Board. They shall also be permitted to become members of an Illinois State Training Board Mobile Training Unit and shall complete 8 hours in continuing training, related to their specific position of employment, each year. The board may establish reasonable eligibility requirements for appointment and retention of non-law enforcement officer members. All non-law enforcement officer members authorized to carry weapons, other than firearms, shall receive training on the proper deployment and use of force regarding such weapons.
(Source: P.A. 102-558, eff. 8-20-21.)
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(110 ILCS 805/3-42.2) (from Ch. 122, par. 103-42.2)
Sec. 3-42.2.
(a) To establish parking regulations, to regulate, and
control the speed of, travel on all paths, driveways and roadways which
are owned and maintained by, and within the property of, the community
college district, to prohibit the use of such paths, driveways and
roadways for racing or speeding purposes, to exclude therefrom traffic
and vehicles, and to prescribe such fines and penalties for the
violation of such traffic regulations as cities and villages are allowed
to prescribe for the violation of their traffic ordinances.
(b) To establish such other regulations as are determined to be necessary for the protection of community college students, staff, visitors, properties, and interests or for the proper maintenance, operation, or development of any community college or colleges under the jurisdiction of the board, and to prescribe fines and penalties for the violation of these regulations. (c) Fines and penalties recovered under this Section shall be paid, collected
and used in accordance with the policy of the local community college board.
(d) The local community college board may enforce the provisions of this Section
by use of members of the police department, public safety department, or security department of the community college
or by agreeing in writing with a municipality, county or the State for its
law enforcement officers to provide such enforcement.
(Source: P.A. 96-269, eff. 8-11-09.)
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(110 ILCS 805/3-42.3)
Sec. 3-42.3. Wind and solar farms. To own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the community college district. The board may ask for the assistance of any State agency, including without limitation the State Board, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.
(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 96-725, eff. 8-25-09.) |
(110 ILCS 805/3-42.4) Sec. 3-42.4. (Repealed).
(Source: P.A. 99-611, eff. 7-22-16. Repealed internally, eff. 7-22-19.) |
(110 ILCS 805/3-42.5) Sec. 3-42.5. Affordable housing for students. The board of trustees of a community college district may develop affordable housing for community college students in coordination with the Housing Authority having jurisdiction of the area where the community college is located.
(Source: P.A. 102-62, eff. 1-1-22.) |
(110 ILCS 805/3-43) (from Ch. 122, par. 103-43)
Sec. 3-43.
To grant use of the community college buildings, when not
occupied by the college, for religious meetings, for evening schools and
literary societies, and for such other meetings as the board deems proper;
to grant the use of assembly halls and classrooms and grounds, including
light, heat and attendants, for public lectures, concerts, and other
educational, recreational and social interests, under such provisions and
control as they may see fit to impose and to conduct, or provide for the
conducting of recreational, social and civic activities in the college
buildings or on the college grounds, or both.
(Source: P.A. 86-489.)
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(110 ILCS 805/3-44) (from Ch. 122, par. 103-44)
Sec. 3-44.
Notwithstanding any provision of this Act to the contrary all retirement
rights that had accrued to the benefit of a teacher prior to the time the
teacher was first employed by a community college district shall continue
in full force and effect as provided in Article 15 of the Illinois Pension
Code.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-45) (from Ch. 122, par. 103-45)
Sec. 3-45.
Notwithstanding any provision of this Article to the contrary a
community college board may require tuition of students as provided in
Section 6-4 of this Act.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-46.1) (from Ch. 122, par. 103-46.1)
Sec. 3-46.1.
(Repealed).
(Source: P.A. 87-741. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-47) (from Ch. 122, par. 103-47)
Sec. 3-47.
Community college funds are public funds within the meaning
of the Public Funds Investment Act and may be invested by the board as provided
in that Act, except as otherwise provided in this Act.
Any community college district, with the approval of its board, is
authorized to enter into agreements of any definite or indefinite term
regarding the deposit, redeposit, investment, reinvestment or withdrawal of
community college funds, including, without limitation, agreements with
other community college districts, agreements with township and school
treasurers authorized by Section 8-7 of the School Code and agreements with
educational service regions authorized by Section 3-9.1 of the School Code.
Each community college district is permitted to (i) combine moneys from
more than one fund of such community college district for the purpose of
investing such funds and (ii) join with other community college districts, with
township and school treasurers and with educational service regions in
investing community college funds, school funds and educational service region
funds. Such joint investments shall be made only in investments authorized by
law for the investment of community college funds or, in the case of
investments made jointly with school and township treasurers and educational
service regions, in investments authorized by law for the investment of
community college funds, school funds and educational service region funds.
When moneys of more than one fund of a single community college district are
combined for investment purposes or when moneys of a community college district
are combined with moneys of other community college districts, school districts
or educational service regions, the moneys combined for such purpose shall be
accounted for separately in all respects, and the earnings from such investment
shall be separately and individually computed and recorded, and credited to the
fund or community college district, school district or
educational service region, as the case may be,
for which the investment was acquired.
(Source: P.A. 87-968.)
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(110 ILCS 805/3-48) (from Ch. 122, par. 103-48)
Sec. 3-48. Interest of board member in contracts. (a) Except as otherwise provided in this Section, no community college board member shall be interested, directly
or indirectly, in his own name or in the name of any other person, association,
trust or corporation, in any contract, work, or business of the district
or in the sale of any article, whenever the expense, price, or consideration
of the contract, work, business, or sale is paid either from the treasury
or by any assessment levied by any statute or ordinance. A community college board member shall not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the district and has no financial interests other than as an employee. Except as otherwise provided in this Section, no community college
board member shall be interested, directly or indirectly, in the purchase
of any property which (1) belongs to the district, or (2) is sold for taxes
or assessments, or (3) is sold by virtue of legal process at the suit of the district.
(b) A board member may provide materials, merchandise, property,
services, or labor, if:
A. the contract is with a person, firm, partnership, | ||
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B. such interested board member publicly discloses | ||
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C. such interested board member abstains from voting | ||
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D. such contract is approved by a majority vote of | ||
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E. the contract is awarded after sealed bids to the | ||
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F. the award of the contract would not cause the | ||
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(c) In addition to the exemptions under subsection (b) of this Section, a board member may provide materials,
merchandise, property, services or labor if:
A. the award of the contract is approved by a | ||
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B. the amount of the contract does not exceed $250; | ||
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C. the award of the contract would not cause the | ||
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D. such interested member publicly discloses the | ||
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E. such interested member abstains from voting on the | ||
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(d) A contract for the procurement of public utility services by a district
with a public utility company is not barred by this Section by one or more
members of the board being an officer or employee
of the public utility company or holding an ownership interest of no more
than 7 1/2% in the public utility company. A member
of the board having such an interest shall be deemed not to have a prohibited
interest under this Section.
(e) This Section does not prohibit a student member of the board from
maintaining official status as an enrolled student, from maintaining
normal student employment at the college or from receiving scholarships or
grants when the eligibility for the scholarships or grants is not
determined by the board.
(f) Nothing contained in this Section
shall preclude a contract of
deposit of monies, loans or other financial services by a
district with a local bank or local savings and loan association,
regardless of whether a member or members of the community college board
are interested in such bank or savings and loan
association as a director, as an officer or employee or as a holder of less than 7 1/2%
of the total ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested member or
members of the community college board must publicly state the nature and extent
of their interest during deliberations concerning the proposed award of
such a contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the community college board.
(g) Any board member who violates this Section is guilty of a Class 4 felony
and in addition thereto any office held by such person so convicted shall
become vacant and shall be so declared as part of the judgment of the court.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/3-49) (from Ch. 122, par. 103-49)
Sec. 3-49.
Each Board of Trustees of a Community College District
may, at its discretion, appoint an Employment Advisory Board. Such
Employment Advisory Board shall consist of not more than 15
members appointed to terms of 4 years, and their membership shall
include, but not be limited to, representatives of the following groups:
(a) small businesses;
(b) large businesses which employ residents of the | ||
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(c) governmental units which employ residents of the | ||
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(d) non-profit private organizations;
(e) organizations which serve as advocates for | ||
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(f) employee organizations.
(Source: P.A. 99-143, eff. 7-27-15.)
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(110 ILCS 805/3-50) (from Ch. 122, par. 103-50)
Sec. 3-50.
The Employment Advisory Board shall, upon its first
meeting, elect one of its members as chairman and another as vice chairman.
A secretary, who may or may not be a member, shall also be elected. A
majority of the Employment Advisory Board shall constitute a quorum.
Members of the Employment Advisory Board shall serve without compensation.
Any vacancies, through resignations or otherwise, shall be filled by the
Community College District Board of Trustees.
(Source: P.A. 85-458.)
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(110 ILCS 805/3-51) (from Ch. 122, par. 103-51)
Sec. 3-51.
The Employment Advisory Board shall meet at least once
within each calendar quarter. It shall issue an advisory report, at least
once within each calendar year, to its Community College District Board of
Trustees concerning:
(a) the medium and long-term employment prospects of the
communities comprising their Community College District;
(b) the course and instruction mix most likely to produce community
college graduates, associates and alumni with the job skills necessary for
local employment; and
(c) the practicality of using existing community college employees,
contractors, instructors, professors, classrooms, and facilities to train
and retrain employees of existing public and private enterprises within the
boundaries of their Community College District to enhance their continued
employment skills.
The Employment Advisory Board shall also produce special advisory
reports, upon the request of the chairman or acting chairman of the Board
of Trustees of their Community College District.
(Source: P.A. 85-458.)
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(110 ILCS 805/3-80) Sec. 3-80. Remediation data sharing agreement. (a) Beginning January 1, 2024, a community college district, upon a request from the school district of a high school located within the boundaries of the community college district, shall provide individualized disaggregated data on the enrollment of students in community college remediation courses from the most recently completed academic year. A signed remediation data sharing agreement between the school district and the community college district must be entered into before sharing remediation data. (b) The remediation data sharing agreement shall meet all of the following requirements: (1) The agreement shall require that the data be | ||
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(2) The agreement shall provide that each student | ||
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(3) The agreement shall provide that each student | ||
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(4) The agreement shall specify the format and method | ||
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(5) The agreement shall provide a timeline for which | ||
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(6) The agreement shall provide that the data may not | ||
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(c) If, within 90 calendar days after the school district's initial request to enter into a remediation data sharing agreement with the community college district under this Section, the school district and the community college district do not reach an agreement on all of the provisions of a remediation data sharing agreement, then the school district and community college district shall jointly implement the provisions of the model remediation data sharing agreement developed under subsection (d) for those provisions for which an agreement could not be reached and shall jointly implement the remaining provisions for which agreement could be reached. A community college district may combine its negotiations with multiple school districts to establish one uniform remediation data sharing agreement to use with all of the school districts with high schools located within the boundaries of the community college district or may negotiate individual remediation data sharing agreements with school districts. (d) The Illinois Community College Board and the State Board of Education shall develop a model remediation data sharing agreement that may be used by school districts and community college districts under this Section. The model remediation data sharing agreement shall address all of the matters set forth in subsection (b) and shall be completed by January 1, 2024. (e) The sharing of data under this Section must be in accordance with the requirements of the federal Family Educational Rights and Privacy Act of 1974. Nothing in this Section supersedes the federal Family Educational Rights and Privacy Act of 1974 or rules adopted pursuant to the federal Family Educational Rights and Privacy Act of 1974 or any federal or State laws or rules governing student privacy rights.
(Source: P.A. 103-401, eff. 7-28-23.) |
(110 ILCS 805/3.52) (from Ch. 122, par. 103-52)
Sec. 3.52.
Employment Advisory Boards shall be nonpartisan.
Nothing
in this Act shall prevent appointees to Employment Advisory Boards from
also being members of the Board of Trustees, or from being enrolled
community college students, of their Community College District.
(Source: P.A. 85-458.)
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(110 ILCS 805/3-53) Sec. 3-53. Private-public partnership boards. (a) In this Section: "Advanced manufacturing technology" means a program of study that leads students to an industry certification, diploma, degree, or combination of these in skills and competencies needed by manufacturers. "Industry certification" means an industry-recognized credential that is (i) industry created, (ii) nationally portable, (iii) third-party-validated by either the International Organization for Standardization or the American National Standards Institute and is data-based and supported. "Institution" means a public high school or community college, including a community college in a community college district to which Article 7 of this Act applies,
that offers instruction in advanced manufacturing technology for credit towards a degree. "Private-public partnership board" means a formal group of volunteers within a community college district that may be comprised of some, but not necessarily all, of the following: local and regional manufacturers, applicable labor unions, community college officials, school district superintendents, high school principals, workforce investment boards, or other individuals willing to participate. (b) The creation of a private-public partnership board is encouraged and may be authorized at each community college. A board, if created, shall meet no less than 5 of the following criteria: (1) be minimally comprised of those entities | ||
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(2) be led cooperatively by a manufacturer, a school | ||
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(3) meet no less than twice each State fiscal year; (4) encourage and define the implementation of | ||
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(5) define a minimum of 4 programs of study in | ||
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(6) encourage formal alignment and dual-credit | ||
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(7) establish, as its foundation, the certified | ||
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(Source: P.A. 100-884, eff. 1-1-19.) |
(110 ILCS 805/3-55) (from Ch. 122, par. 103-55)
Sec. 3-55.
Community college boards may form, join and provide for the expenses of
associations of Illinois community college boards formed, in compliance
with this Section, for the purpose of conducting community college board
institutes and otherwise disseminating and interchanging information
regarding community college board problems, duties and responsibilities.
Such an association shall adopt a constitution or by-laws providing for
admission to membership of any community college board whose district lies
wholly or in part within the area covered by the association, providing for
the election of the officers and governing board of the association at an
annual meeting of the association or in some other manner which will insure
to the member boards an equal opportunity to participate in the election,
and providing otherwise for the effective operation of the association on
behalf of the member boards. Within 30 days of the adoption thereof, the
association shall file a copy of the constitution or by-laws, or of any
amendment thereto, with the Governor and with the State Board.
No community college board member may receive any compensation for
services rendered to any such association, whether as an officer or
otherwise, but shall be entitled to reimbursement for expenses necessarily
incurred in the work of the association.
Each association shall perform such duties and exercise such powers as
are provided for employers for purposes of Article 15 of the Illinois
Pension Code.
Within 60 days after the close of its fiscal year annually, each such
association shall make an annual report to the Governor and to the State
Board setting forth the activities of the association for the preceding
fiscal year, the institutes held, the subjects discussed and the
attendance, and shall furnish the Governor and the State Board copies of
all publications sent to members.
(Source: P.A. 78-669.)
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(110 ILCS 805/3-60) Sec. 3-60. Provision of student and social security
information prohibited. (a) A community
college, including its agents, employees, student or alumni organizations, or any affiliates, may not provide a student's name, address,
telephone number, social security number, e-mail address, or other personal
identifying
information
to a
business organization or financial institution that issues credit or debit
cards, unless the student is 21 years of age or older. This prohibition does not apply to service providers of the community college that (i) assist the community college in the electronic disbursement of refunds, including, but not limited to, financial aid refunds, and (ii) do not provide loan or credit services. (b) A community college may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the community college.
(Source: P.A. 96-261, eff. 1-1-10; 96-1391, eff. 7-29-10.) |
(110 ILCS 805/3-65) Sec. 3-65. Employment contract limitations. (a) This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. (b) The following apply to any employment contract entered into with an employee of the community college district: (1) Severance under the contract may not exceed one | ||
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(2) A contract with a determinate start and end date | ||
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(3) The contract may not include any automatic | ||
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(4) Public notice, in a form as determined by the | ||
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(Source: P.A. 99-482, eff. 9-22-15.) |
(110 ILCS 805/3-70) Sec. 3-70. Employment contract transparency. This Section
applies to the employment contracts of the president or all chancellors of the community college entered into, amended,
renewed, or extended after the effective date of this
amendatory Act of the 99th General Assembly. This Section does
not apply to collective bargaining agreements. With respect to
employment contracts entered into with the president or all chancellors of the
community college: (1) Severance payments or contract buyouts may be | ||
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(2) Final action on the formation, renewal, | ||
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(3) Public notice, compliant with the Open Meetings | ||
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(4) Any performance-based bonus or incentive-based | ||
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(5) Board minutes, board packets, and annual | ||
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(Source: P.A. 99-694, eff. 1-1-17.) |
(110 ILCS 805/3-75) Sec. 3-75. Executive accountability. Each board must complete
an annual performance review of the president and all
chancellors of the community college. Such annual performance
reviews must be considered when the board contemplates a bonus,
raise, or severance agreement for the president or chancellor.
(Source: P.A. 99-694, eff. 1-1-17.) |
(110 ILCS 805/Art. IIIA heading) ARTICLE IIIA.
BONDS
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(110 ILCS 805/3A-1) (from Ch. 122, par. 103A-1)
Sec. 3A-1.
Any community college district may borrow money for the
purpose of building, equipping, altering or repairing community college
buildings or purchasing or improving community college sites, or acquiring
and equipping recreation grounds, athletic fields, and other
buildings or land used or useful for community college purposes or for
the purpose of purchasing a site, with or without a building or
buildings thereon, or for the building of a house or houses on such
site, or for the building of a house or houses on the site of the
community college district, for residential purposes of the
administrators or faculty of the community college district, and issue
its negotiable coupon bonds therefor signed by the chairman and
secretary of the board, in denominations of not less than $100 nor more
than $5,000, payable at such place and at such time or times, not
exceeding 20 years from date of issuance, as the board may prescribe,
and bearing interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable
annually, semiannually or quarterly, but no such bonds shall be issued
unless the proposition to issue them is submitted to the voters of the
community college district at a regular scheduled election in such district
and the board shall certify the proposition to the proper election
authorities for submission in accordance with the general election law and
a majority of all the votes cast on the proposition is in favor of the
proposition, nor shall any residential site be acquired unless such
proposition to acquire a site is submitted to the voters of the district at
a regular scheduled election and the board shall certify the proposition to
the proper election authorities for submission to the electors in
accordance with the general election law and a majority of all the votes
cast on the proposition is in favor of the proposition. Nothing in this
Act shall be construed as to require the listing of maturity dates of
any bonds either in the notice of bond election or ballot used in the
bond election.
Bonds issued in accordance with this Section for Elgin Community College District No. 509 may be payable at such time or times, not exceeding 25 years from date of issuance, as the board may prescribe, if the following conditions are met: (i) The voters of the district approve a proposition | ||
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(ii) Prior to the issuance of the bonds, the board | ||
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(iii) The bonds are issued, in one or more bond | ||
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(iv) The proceeds of the bonds are used to accomplish | ||
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Bonds issued in accordance with this Section for Kishwaukee Community College District No. 523 may be payable at such time or times, not exceeding 25 years from date of issuance, as the board may prescribe, if the following conditions are met: (i) The voters of the district approve a | ||
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(ii) Prior to the issuance of the bonds, the | ||
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(iii) The bonds are issued, in one or more bond | ||
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(iv) The proceeds of the bonds are used to | ||
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With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 96-787, eff. 8-28-09; 96-1077, eff. 7-16-10; 97-813, eff. 7-13-12.)
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(110 ILCS 805/3A-2) (from Ch. 122, par. 103A-2)
Sec. 3A-2.
Where bonds are issued by any community college district under
Sections 3A-1 through 3A-4, and before any contract is let for the
construction of buildings or improvements in accordance therewith the
district boundaries are changed by the formation of a new district
including all or a part of such district, or by the annexation of a
district in its entirety to another district, then upon the adoption of
a resolution by the board of the new district or the district to which
the territory has been annexed, that the building or improvements are no
longer feasible, the board shall order a referendum in the manner
provided in the general election law to vote on the proposition of
authorizing the board to use the proceeds of such bonds or the portion
thereof allotted to the new district or district to which such territory
is annexed for a specific new building or improvement in some locality
of the district other than the one specified at the previous referendum,
or for a different improvement, or for a part of the original
improvements. In case a new district has been formed, no such referendum
shall be held unless the new district embraces territory having as much
or more assessed valuation as the territory embraced in the district at
the first referendum.
Where bonds are issued by any district under Sections 3A-1 through
3A-4, and it is determined by the board by resolution that it is in the
interests of the district that part or all of the proceeds of the bonds
be used for different purposes than authorized but for purposes for
which bonds may be issued under Sections 3A-1 through 3A-4, the board
shall order a referendum in the manner provided in the general election
law to vote on the proposition of authorizing the board to use the
proceeds of such bonds or a part thereof for the purposes set forth in
such resolution. The board shall certify the proposition to the proper
election authorities for submission to the electors. If a majority
of all the votes cast on such proposition is in favor the board shall have such authority.
Notwithstanding any provision of this Section to the contrary, when
bonds are issued by any district under Sections 3A-1 through 3A-4 and
the purposes for which such bonds have been issued have been
accomplished and paid for in full and there remains funds on hand in
such bond and interest account, the board by resolution may transfer
such excess to the fund of the district which bears the nearest relation
to the purpose for which the bonds from which such excess funds arose
were issued.
Notwithstanding any provision of this Section to the contrary, when bonds
have been issued by a district under Sections 3A-1 through 3A-4 and the
board of trustees of the district has determined that a site acquired with
the proceeds of such bond issue without the use of State funds has become
unnecessary, unsuitable or inconvenient for community college purposes
and has sold such site in accordance with the provisions of Section 3-41
of this Act, the board shall first use the proceeds from the sale of such
site to pay the portion of the principal originally expended to purchase
such site, together with the interest thereon, and may use the remaining
proceeds from such sale for the purpose for which the bonds were issued
or to retire other bonds of the same issue. Such remaining proceeds may
also be used for any other authorized purpose designated in a resolution
approved by not less than 5 members of the board of trustees. The board
of trustees shall cause notice of any such resolution and of the right to
petition for an election under this Section to be published within 10 days
after the adoption of the resolution in a newspaper having a general
circulation in the district. The publication of the resolution shall
include a notice of (1) the specific number of voters required to sign a
petition requesting that the question of the other authorized use of the
remaining proceeds be submitted to the voters of the district; (2) the time
within which the petition must be filed; and (3) the date of the
prospective referendum. The district secretary shall provide a petition
form to any individual requesting one. If 10% or 1000, whichever is less,
of the resident voters of the district sign and file a petition with the
board, not more than 30 days after the resolution of the board is adopted,
requesting that the question of such other authorized use designated in the
resolution of the remaining proceeds be submitted to the voters of the
community college district, the board shall call an election upon such
question, to be held not less than 30 days nor more than 60 days after the
filing of the petition and to be conducted as provided in Article III. The
remaining proceeds may be used for the designated purpose only if a
majority of those voting on the question approve such use.
(Source: P.A. 86-1253.)
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(110 ILCS 805/3A-3) (from Ch. 122, par. 103A-3)
Sec. 3A-3.
All bonds issued under this Act, before being issued, negotiated and
sold, shall be registered, numbered and countersigned by the treasurer who
receives the taxes of the district. The registration shall be made in a
book in which shall be entered the record of the election authorizing the
board to borrow money and a description of the bonds issued, including the
number, date, to whom issued, amount, rate of interest and when due.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-4) (from Ch. 122, par. 103A-4)
Sec. 3A-4.
All moneys borrowed under the authority of this Act, shall be paid to
the treasurer of the district. Upon receiving such moneys the
treasurer shall deliver the bonds issued therefor to the persons entitled
to receive them, and shall credit the funds received to the district
issuing the bonds. The treasurer shall record the amount received for each
bond issued. When any bonds are paid the treasurer shall cancel them and
shall enter, against the record of the bonds, the words, "paid and
cancelled the .... day of ....," filling the blanks with the day, month,
and year corresponding to the date of payment.
(Source: P.A. 82-622.)
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(110 ILCS 805/3A-5) (from Ch. 122, par. 103A-5)
Sec. 3A-5.
Whenever any district is authorized to issue bonds, the secretary shall
file in the office of the county clerk of each county in which any portion
of the district is situated a certified copy of the resolution providing
for their issuance and levying a tax to pay them. The county clerk shall
prepare and keep in his office a registry of all such bonds which shall
show the name of the issuing body and the date, amount, purpose, rate of
interest and maturity of the bonds to be issued, and the county clerk,
annually shall extend taxes against all the taxable property situated in
the county and contained in the district in amounts sufficient to pay
maturing principal and interest, and such taxes shall be computed, extended
and collected in the same manner as is now or may hereafter be provided for
the computation, extension and collection of taxes for general corporate
purposes for the issuing district. If no such certified copy of resolution
has been filed with reference to any bonds heretofore authorized one shall
promptly be filed.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-6) (from Ch. 122, par. 103A-6)
Sec. 3A-6.
Any community college district is authorized to issue bonds for the
purpose of paying orders issued for the wages of teachers, or for the
payment of claims against any such district.
Such bonds may be issued in an amount, including existing indebtedness,
in excess of any statutory limitation as to debt.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-7) (from Ch. 122, par. 103A-7)
Sec. 3A-7.
Before any district as described in Section 3A-6 shall avail
itself of the provisions of that Section the board shall examine and consider
the several teachers' orders or claims, or both, proposed to be paid and
if it appears that they were authorized and allowed for proper community
college purposes it shall adopt a resolution so declaring and set forth
and describe in detail such teachers' orders and claims and the adoption
of the resolution shall establish the validity thereof, notwithstanding
the amount of such orders and claims may exceed in whole or in part any
applicable statutory debt limit in force at the time the indebtedness
evidenced by such orders and claims was incurred. The resolution shall
also declare the intention of the district to issue bonds for the
purpose of paying such teachers' orders or claims, or both, and direct
that notice of such intention be published at least once in a newspaper
published within the district and if there be no newspaper published within
the district then notice shall be published in a newspaper having general
circulation within the district. The notice shall set forth (1) the
specific number of voters required to sign a petition requesting that the
proposition to issue bonds under this Section be submitted to the voters of
the district; (2) the time within which a petition must be filed; and (3)
the date of the prospective referendum. The district secretary shall
provide a petition form to any individual requesting one. If within 30 days
after such publication of such notice a petition is filed with the
recording officer of the district, signed by the
voters of the district equal to 10% or more of the registered voters of
the district requesting that the proposition to issue bonds as authorized
by Section 3A-6 be submitted to the voters thereof, then the district shall
not be authorized to issue bonds as provided by Section 3A-6 until the
proposition has been submitted to and approved by a majority of the voters
voting on the proposition at a regular scheduled election in the manner
provided in the general election law. The board shall certify the
proposition to the proper election authorities for submission to the
voters. If no such petition with the requisite number of signatures is
filed within said 30 days, or if any and all petitions filed are invalid,
then the district shall thereafter be authorized to issue bonds for the
purposes and as provided in Section 3A-6.
(Source: P.A. 86-1253; 87-767.)
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(110 ILCS 805/3A-8) (from Ch. 122, par. 103A-8)
Sec. 3A-8.
Any district which has complied with Section 3A-7 and which is
authorized to issue bonds under Sections 3A-6 and 3A-7 shall adopt a
resolution specifying the amount of indebtedness to be funded, whether for
the purpose of paying claims, or for paying teachers' orders. The
resolution shall set forth the date, denomination, rate of interest and
maturities of the bonds, fix all details with respect to the issue and
execution thereof, and provide for the levy of a tax sufficient to pay both
principal and interest of the bonds as they mature. The bonds shall bear
interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable annually or
semi-annually, as the board may determine, and mature in not more than 20
years from date thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(110 ILCS 805/3A-9) (from Ch. 122, par. 103A-9)
Sec. 3A-9.
A certified copy of the resolution authorizing the issue of bonds under
Sections 3A-6 through 3A-8 shall be filed with the county clerk of each
county in which any portion of any such district is situated and the county
clerk shall annually extend taxes against all of the taxable property
situated in the county and contained in such district in amounts sufficient
to pay maturing principal and interest of such bonds without limitation as
to rate or amount and in addition to and in excess of any taxes that may
now or hereafter be authorized to be levied by a community college
district.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-10) (from Ch. 122, par. 103A-10)
Sec. 3A-10.
Any bonds issued under Sections 3A-6 to 3A-8, inclusive, may be
exchanged par for par for claims or unpaid orders for wages of teachers, or
both, or may be sold and the proceeds received used to pay such claims or
orders.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-11) (from Ch. 122, par. 103A-11)
Sec. 3A-11.
Purchasers of such bonds shall not be obligated to inquire into the
validity of the indebtedness funded, and bonds issued under Sections 3A-6
through 3A-8 shall be the valid and binding obligations of the community
college district, notwithstanding the fact that the bonds, together with
existing indebtedness, either in whole or in part, exceed any statutory
debt limitation in force at the time the bonds are issued.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-12) (from Ch. 122, par. 103A-12)
Sec. 3A-12.
When a community college district has issued bonds or other evidence of
indebtedness for any purposes which are binding and subsisting legal
obligations and remaining outstanding, the board of the district may, upon
the surrender of the bonds or other evidences of indebtedness, issue in
lieu thereof to the holders or owners thereof or to other persons for money
with which to pay them, new bonds or other evidences of indebtedness,
according to the subsequent provisions of this Article.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-13) (from Ch. 122, par. 103A-13)
Sec. 3A-13.
Refunding bonds.
The corporate authorities of any community college district, without
submitting the question to the electors thereof for approval, may authorize
by resolution the issuance of refunding bonds (1) to refund its bonds prior
to their maturity; (2) to refund its unpaid matured bonds; (3) to refund
matured coupons evidencing interest upon its unpaid bonds; (4) to refund
interest at the coupon rate upon its unpaid matured bonds that has accrued
since the maturity of those bonds; (5) to refund its bonds which by their
terms are subject to redemption before maturity; (6) to refund other
valid and subsisting evidences of indebtedness that are due and payable; and
(7) to refund or continue to refund indebtedness initially incurred after
February 1, 1994 and prior to March 1, 1994 in an amount not exceeding
$34,000,000, the proceeds of which were used to preserve a district's rights,
title and interest in a portfolio of investment securities previously purchased
by such district.
The refunding bonds and the procedure for issuing them shall comply with
Sections 3A-3 through 3A-5.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/3A-14) (from Ch. 122, par. 103A-14)
Sec. 3A-14.
The refunding bonds may be made registerable as to principal and
may
bear interest at a rate not to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable at such time and
place as may be provided in the bond resolution. They shall remain valid
even though one or more of the officers executing the bonds ceases to hold
his or their offices before the bonds are delivered.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(110 ILCS 805/3A-15) (from Ch. 122, par. 103A-15)
Sec. 3A-15.
The resolution authorizing refunding bonds shall prescribe all details
thereof and shall provide for the levy and collection of a direct annual
tax upon all the taxable property within the community college district
sufficient to pay the principal thereof and interest thereon as it matures.
The tax shall be levied and collected in like manner as the general taxes
for the district and shall not be included within any limitation of rate
for general purposes as now or hereafter provided by law but shall be
excluded therefrom and be in addition thereto and in excess thereof.
A certified copy of the bond resolution shall be filed with the county
clerk of the county in which the district or any portion thereof is
situated, and shall constitute the authority for the extension and
collection of refunding bond and interest taxes as required by the
constitution.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-16) (from Ch. 122, par. 103A-16)
Sec. 3A-16.
The refunding bonds may be exchanged for the bonds to be refunded on the
basis of dollar for dollar for the par value of the bonds, interest
coupons, and interest not represented by coupons, if any, or they may be
sold at not less than their par value and accrued interest. The proceeds
received from their sale shall be used to pay the bonds, interest coupons,
and interest not represented by coupons, if any, without any prior
appropriation therefor under any budget law.
Bonds and interest coupons which have been received in exchange or paid
shall be cancelled and the obligation for interest, not represented by
coupons, which has been discharged, shall be evidenced by a written
acknowledgment of the exchange or payment thereof.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-17) (from Ch. 122, par. 103A-17)
Sec. 3A-17.
The refunding bonds shall be of such form and denomination, payable at
such place, bear such date, and be executed by such officials as may be
provided by the board of the community college district in the bond
resolution. They shall mature within not to exceed 20 years from their
date, and may be made callable on any interest payment date at par and
accrued interest after notice has been given at the time and in the manner
provided in the bond resolution.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-18) (from Ch. 122, par. 103A-18)
Sec. 3A-18.
If there is no default in payment of the principal of or interest upon
the refunding bonds, and a sum of money equal to the amount of interest
that will accrue on the refunding bonds and a sum of money equal to the
amount of principal that will become due thereon within the next 6 months
period has been set aside, the treasurer of the community college district
shall use the money available from the proceeds of taxes levied for the
payment of the refunding bonds in calling them for payment, if, by their
terms, they are subject to redemption. However, a district may provide in
the bond resolution that whenever the district is not in default in payment
of the principal of or interest upon the refunding bonds and has set aside
the sums of money provided in this Section for interest accruing and
principal maturing within the next 6 months period, the money available
from the proceeds of taxes levied for the payment of refunding bonds shall
be used, first, in the purchase of the refunding bonds at the lowest price
obtainable, but not to exceed their par value and accrued interest, after
sealed tenders for their purchase have been advertised for as may be
directed by the board.
Refunding bonds called for payment and paid or purchased under this
Section shall be marked paid and cancelled.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-19) (from Ch. 122, par. 103A-19)
Sec. 3A-19.
Whenever refunding bonds are purchased and cancelled as provided in
Section 3A-18, the taxes thereafter to be extended for payment of the
principal of and the interest on the remainder of the issue shall be
reduced in an amount equal to the principal of and the interest that would
have thereafter accrued upon the refunding bonds so cancelled. A resolution
shall be adopted by the board of the district finding these facts. A
certified copy of this resolution shall be filed with the county clerk
specified in Section 3A-15, whereupon he shall reduce and extend such tax
levies in accordance therewith.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-20) (from Ch. 122, par. 103A-20)
Sec. 3A-20.
Whenever refunding bonds are issued, proper reduction of taxes
theretofore levied for the payment of the bonds refunded and next to be
extended for collection shall be made by the county clerk upon receipt of a
certificate signed by the treasurer of the community college district, or
by the chairman and secretary of the district, showing the bonds refunded
and the tax to be abated.
Money which becomes available from taxes that were levied for prior
years for payment of bonds or interest coupons that were paid or refunded
before those taxes were collected, after payment of all warrants that may
have been issued in anticipation of these taxes, shall be placed in the
sinking fund account provided in Section 3A-21. It shall be used to
purchase, call for payment, or to pay at maturity refunding bonds and
interest thereon as herein provided.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-21) (from Ch. 122, par. 103A-21)
Sec. 3A-21.
Money received from the proceeds of taxes levied for payment of the
principal of and interest upon refunding bonds shall be deposited in a
special fund of the community college district, designated as the
"Refunding Bond and Interest Sinking Fund Account of ....". This fund shall
be applied to the purchase or payment of refunding bonds and the interest
thereon as provided in Sections 3A-13 through 3A-23.
If the money in this fund is not immediately necessary for the payment
of refunding bonds or if refunding bonds can not be purchased before
maturity, then, under the direction of the board of the community college
district, the money may be invested by the treasurer of the district in
bonds or other interest bearing obligations of the United States or in
bonds of the State of Illinois.
The maturity date of the securities in which this money is invested
shall be prior to the due date of any issue of refunding bonds of the
investing district. The board may sell these securities whenever necessary
to obtain cash to meet bond and interest payments.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-22) (from Ch. 122, par. 103A-22)
Sec. 3A-22.
The board of a district may take any action that may be necessary to
inform the owners of unpaid bonds regarding the financial condition of the
district, the necessity of refunding its unpaid bonds and readjusting the
maturities thereof in order that sufficient taxes may be collected to take
care of these bonds, and thus re-establish the credit of the community
college district. The board may enter into any agreement required to
prepare and carry out any refunding plan and, without any previous
appropriation therefor under any budget law, may incur and pay expenditures
that may be necessary in order to accomplish the refunding of the bonds of
the district.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-23) (from Ch. 122, par. 103A-23)
Sec. 3A-23.
Sections 3A-13 through 3A-23 apply to any district, regardless of the
population of the district and of the law under which it is organized and
operating, and constitute complete authority for issuing refunding bonds as
therein provided without reference to other laws. Those Sections shall be
construed as conferring powers in addition to, but not as limiting powers
granted under, other laws or other provisions of this Act.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-24) (from Ch. 122, par. 103A-24)
Sec. 3A-24.
Whenever all the bonds of any community college district have been paid
and cancelled upon the records of the community college treasurer and there
remains in the hands of the county collector or any ex-county collector,
the county treasurer, or ex-county treasurer, any balance to the credit of
the bond fund of the community college, the county collector or ex-county
collector, county treasurer or ex-county treasurer shall pay to the
community college treasurer the balance of such funds in his hands and the
treasurer shall give his receipt therefor.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-25) (from Ch. 122, par. 103A-25)
Sec. 3A-25.
In Sections 3A-25 through 3A-29, "exhibition facility" means a building
or stadium constructed to be used primarily for athletic spectator sports
and not facilities built primarily for physical education instruction.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-26) (from Ch. 122, par. 103A-26)
Sec. 3A-26.
Any board is authorized to:
a. Acquire by purchase, construct, enlarge, improve, equip, complete,
operate, control and manage an exhibition facility.
b. Charge for the use of such a facility.
c. Hold in its treasury all funds derived from the operation of the
facility and apply them toward the retirement of any revenue bonds issued
in connection with the facility.
d. Enter into contracts touching in any manner any matter within the
objects and purposes of Sections 3A-25 through 3A-29.
e. Pledge the revenues raised from such a facility for the payment of
any bonds issued to pay for the facility as provided in Sections 3A-25
through 3A-29.
f. Borrow money and issue and sell bonds at such price as the board may
determine to finance and to refund or refinance any and all bonds issued
and sold by the board pursuant to Sections 3A-25 through 3A-29. No bonds
issued under Sections 3A-25 through 3A-29, however, may bear interest in
excess of
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, computed to the maturity of the bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
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(110 ILCS 805/3A-27) (from Ch. 122, par. 103A-27)
Sec. 3A-27.
Whenever bonds are issued pursuant to Sections 3A-25 through 3A-29, the
board must establish charges or fees for the use of the exhibition facility
to pay the principal and interest on the bonds.
(Source: P.A. 78-669.)
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(110 ILCS 805/3A-28) (from Ch. 122, par. 103A-28)
Sec. 3A-28.
If the board determines subsequent to the original issue of bonds
under Sections 3A-25 through 3A-29 that the income from the facility is
insufficient to pay the principal and interest on these bonds, the
board, after submitting the proposition to referendum
held in accordance with the general election law, may pay the deficit
by issuing general obligation bonds in the manner prescribed by this
Article. The board shall certify the proposition to the proper election
authorities for submission to the electors.
(Source: P.A. 81-1489.)
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(110 ILCS 805/3A-29) (from Ch. 122, par. 103A-29)
Sec. 3A-29.
Members of a board issuing bonds pursuant to Sections 3A-25 through
3A-29 incur no personal liability thereby.
(Source: P.A. 78-669.)
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(110 ILCS 805/Art. IIIB heading) ARTICLE IIIB.
TENURE
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(110 ILCS 805/3B-1) (from Ch. 122, par. 103B-1)
Sec. 3B-1.
Definitions.
As used in this Article, the following terms shall
have the meanings hereinafter stated:
"District" means a Community College District.
"Board" means a Board of a Community College District.
"Faculty Member" means a full time employee of the District regularly engaged
in teaching or academic support services, but excluding supervisors, administrators
and clerical employees.
"School Year" means a regular academic year or its equivalent excluding summer school.
"Term" means a term within a school year.
"Notice" means a written notice delivered in person or deposited in the
U.S. mail by certified or registered mail, postage prepaid, addressed to
the faculty member's last known address.
(Source: P.A. 81-1100.)
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(110 ILCS 805/3B-2) (from Ch. 122, par. 103B-2)
Sec. 3B-2.
Tenure.
Any faculty member who has been employed in any district
for a period of 3 consecutive school years shall enter upon
tenure unless dismissed as hereinafter provided. However, a board may at
its option extend such period for one additional school year by giving the
faculty member notice not later than 60 days before the end of the school
year or term during the school year or term immediately preceding the school
year or term in which tenure would otherwise be conferred. Such notice must
state the corrective actions which the faculty member should take to satisfactorily
complete service requirements for tenure. The specific reasons for the one-year
extension shall be confidential but shall be issued to the teacher upon
request. The foregoing provision for a three-year period and optional one-year
extension shall not be construed to interfere with or abrogate local board
rules or contracts which now or hereafter may provide for a lesser period
of service before entering upon tenure.
A tenured faculty member shall
have a vested contract right in continued employment as a faculty member
subject to termination only upon occurrence of one or more of the following:
a. Just cause for dismissal; or
b. A reduction in the number of faculty members employed by the board
or a discontinuance of some particular type of teaching service or program.
(Source: P.A. 81-1100.)
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(110 ILCS 805/3B-3) (from Ch. 122, par. 103B-3)
Sec. 3B-3.
Dismissal of Non-tenure Faculty Member.
Every Board shall provide
by rule or contract for a procedure to evaluate the performance and qualifications
of non-tenure faculty members.
If the implementation of such procedure results in a decision to dismiss
a non-tenure faculty member for the ensuing school year or term, the Board
shall give notice thereof to the faculty member not later than 60 days before
the end of the school year or term. The specific reasons
for the dismissal shall be confidential but shall be issued to the teacher
upon request. If the Board fails to give such notice, within the time period,
the faculty member shall be deemed reemployed for the ensuing school year.
If the Board fails to give such notice within the time provided during the
third year, or during the fourth year in the case of a one year extension,
the faculty member shall enter upon tenure during the ensuing school year or term.
(Source: P.A. 81-1100.)
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(110 ILCS 805/3B-4) (from Ch. 122, par. 103B-4)
Sec. 3B-4.
Dismissal of Tenured Faculty Member for Cause.
If a dismissal
of a tenured faculty member is sought for cause, the board must first approve
a motion by a majority vote of all its members. The specific charges for
dismissal shall be confidential but shall be issued to the tenured faculty
member upon request. The Board decision shall be final unless the tenured
faculty member within 10 days requests in writing of the Board that a hearing
be scheduled. If the faculty member within 10 days requests in writing
that a hearing be scheduled, the Board shall schedule such hearing on those
charges before a disinterested hearing officer on a date no less than 45
days, nor more than 70 days after the adoption of the motion. The hearing
officer shall be selected from a list of 5 qualified arbitrators provided
by a nationally recognized arbitration organization. Within 10 days after
the teacher receives the notice of hearing, either the Board and the teacher
mutually or the teacher alone shall request the list of qualified hearing
officers from the arbitration organization. Within 5 days from receipt
of the list, the Board and the teacher, or their legal representatives,
shall alternately strike one name from the list until one name remains.
The teacher shall make the first strike. Notice of such charges shall be served
upon the tenured faculty member at least 21 days before the hearing date.
Such notice shall contain a bill of particulars. The hearing shall be public
at the request of either the tenured faculty member or the Board. The tenured
faculty member has the privilege of being present at the hearing with counsel
and of cross-examining witnesses and may offer evidence and witnesses and
present defenses to the charges. The hearing officer upon request by either
party may issue subpoenas requiring the attendance of witnesses and production
of documents. All testimony at the hearing shall be taken under oath administered
by the hearing officer. The hearing officer shall cause a record of the
proceedings to be kept and the Board shall employ a competent reporter to
take stenographic or stenotype notes of all testimony. The costs of the
reporter's attendance and services at the hearing and all other costs of
the hearing shall be borne equally by the Board and the tenured faculty
member. Either party desiring a transcript of the hearing shall pay for
the cost thereof. If in the opinion of the Board the interests of the district
require it the Board, after 20 days notice, may suspend the tenured faculty
member pending the hearing, but if acquitted, the tenured faculty member
shall not suffer the loss of any salary by reason of the suspension. The
hearing officer shall, with reasonable dispatch, make a decision as to whether
or not the tenured faculty member shall be dismissed and shall give a copy
of the decision to both the tenured faculty member and the Board. The decision
of the hearing officer shall be final and binding.
(Source: P.A. 81-1100.)
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(110 ILCS 805/3B-5) (from Ch. 122, par. 103B-5)
Sec. 3B-5.
Reduction in Number of Faculty Members.
If a dismissal of a
faculty member for the ensuing school year results from the decision by
the Board to decrease the number of faculty members employed by the Board
or to discontinue some particular type of teaching service or program, notice
shall be given the affected faculty member not later than 60 days before
the end of the preceding school year, together with a statement of honorable
dismissal and the reason therefor; provided that the employment of no tenured
faculty member may be terminated under the provisions of this Section while
any probationary faculty member, or any other employee with less seniority,
is retained to render a service which the tenured employee is competent
to render. In the event a tenured faculty member is not given notice within
the time herein provided, he shall be deemed reemployed for the ensuing
school year. Each board, unless otherwise provided in a collective
bargaining agreement, shall each year establish a list, categorized by
positions, showing the seniority of each faculty member for each position
entailing services such faculty member is competent to render. Copies of
the list shall be distributed to the exclusive employee representative on
or before February 1 of each year. For the period of 24 months from the
beginning of the school year for which the faculty member was dismissed,
any faculty member shall have the preferred right to reappointment to a
position entailing services he is competent to render prior to the
appointment of any new faculty member; provided that no non-tenure faculty
member or other employee with less seniority shall be employed to render a
service which a tenured faculty member is competent to render.
(Source: P.A. 86-501.)
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(110 ILCS 805/3B-6) (from Ch. 122, par. 103B-6)
Sec. 3B-6.
Review under the Administrative Review Law.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof and the rules adopted pursuant thereto, shall apply
to and govern all proceedings instituted for the judicial review of final
administrative decisions of a hearing officer under Section 3B-4 of this
Article. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 82-783.)
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(110 ILCS 805/Art. IV heading) ARTICLE IV.
STATE COMMUNITY
COLLEGE OF EAST ST. LOUIS
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(110 ILCS 805/4-1) (from Ch. 122, par. 104-1)
Sec. 4-1.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-2) (from Ch. 122, par. 104-2)
Sec. 4-2.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-3) (from Ch. 122, par. 104-3)
Sec. 4-3.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-4) (from Ch. 122, par. 104-4)
Sec. 4-4.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-5) (from Ch. 122, par. 104-5)
Sec. 4-5.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-6) (from Ch. 122, par. 104-6)
Sec. 4-6.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-6.1) (from Ch. 122, par. 104-6.1)
Sec. 4-6.1.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-7) (from Ch. 122, par. 104-7)
Sec. 4-7.
(Repealed).
(Source: Repealed by P.A. 89-473, eff. 7-1-96.)
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(110 ILCS 805/4-8) (from Ch. 122, par. 104-8)
Sec. 4-8.
The Illinois Court of Claims shall have exclusive
jurisdiction of all claims either in tort or contract against the
experimental district and its board of trustees, including any such claims
filed upon or after the abolition of the experimental district as provided in
Section 2-12.1.
(Source: P.A. 89-473, eff. 6-18-96.)
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(110 ILCS 805/Art. V heading) ARTICLE V.
BUILDING PROGRAMS
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(110 ILCS 805/5-1) (from Ch. 122, par. 105-1)
Sec. 5-1.
Application; State funds.
(a) This Article does not apply to community college energy conservation
measures and guaranteed energy saving contracts undertaken, implemented, or
entered into under Article V-A.
(b) Upon compliance with the provisions of this Article, any
community college may receive and expend funds for building purposes
under the direction of the State Board pursuant to the provisions of the
Capital Development Bond Act of 1972 and the
Capital Development Board Act.
(Source: P.A. 88-173.)
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(110 ILCS 805/5-2) (from Ch. 122, par. 105-2)
Sec. 5-2.
As used in this Article, unless the context otherwise requires;
"Building purposes" means the preparation of preliminary drawings and
sketches, working drawings and specifications, erection, building
acquiring, altering, improving or expanding college facilities, including
the acquisition of land therefor, and the inspection and supervision
thereof, to be used exclusively for community colleges.
"Facilities" means classroom buildings and equipment, related structures
and utilities necessary or appropriate for the uses of a community college,
but not including land or buildings intended primarily for staff housing,
dormitories, or for athletic exhibitions, contests or games for which
admission charges are to be made to the general public.
(Source: P.A. 78-669.)
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(110 ILCS 805/5-3) (from Ch. 122, par. 105-3)
Sec. 5-3.
Community college districts desiring to participate in the program
authorized in Section 5-1 of this Act shall make a written application to
the State Board on forms provided by such Board. The State Board may
require the following information:
(a) Description of present facilities and those | ||
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(b) Present community college enrollment.
(c) (Blank).
(d) Outline of community college curricula, including | ||
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(e) District financial report including financing | ||
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(f) Facts showing adequate standards for the physical | ||
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(g) Survey of the existing community college or | ||
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(h) Such other information as the State Board may | ||
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(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-4) (from Ch. 122, par. 105-4)
Sec. 5-4.
Any community college district desiring to participate in the program
for new academic facilities shall file an application with
the State Board prior to such dates as are designated by the State Board.
The State Board in providing priorities if such are needed because of
limited funds shall be regulated by objective criteria which shall be such
as will tend best to achieve the objectives of this Article, while leaving
opportunity and flexibility for the development of standards and methods
that will best accommodate the varied needs of the community colleges in
the State. Basic criteria shall give special consideration to the expansion
of enrollment capacity and shall include consideration of the degree to
which the applicant districts effectively utilize existing facilities and
which allow the Board, for priority purposes, to provide for the grouping
in a reasonable manner, the application for facilities according to
functional or educational type.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-5) (from Ch. 122, par. 105-5)
Sec. 5-5.
The State Board shall make a study of the need for the community college
facilities proposed, the ability of the community college district to
finance 25% of the project and any other matters which the State Board
deems necessary. If the State Board determines that the conditions and
needs for facilities justify the project as set forth in the application,
the plan shall be approved.
(Source: P.A. 78-669.)
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(110 ILCS 805/5-6) (from Ch. 122, par. 105-6)
Sec. 5-6.
Any community college district may, as a part of its 25%
contribution for building purposes, contribute real property situated within
the geographical boundaries of such community college district at market value
as determined at the time the contribution is made to the Capital Development
Board in accordance with the program and budget, the plan as approved by
the State Board by 3 licensed appraisers,
except that where a community college district has acquired
such lands without cost or for a consideration substantially less
than the market value thereof at the time of acquisition, the amount
of the community college district's contribution for the land shall
be limited (a) to the difference, if any, between the appraised market
value at the time of acquisition and the appraised market value
at the time the contribution is made to the Capital Development
Board, if the grantor is the Federal government, (except that no property
acquired prior to December 18, 1975 shall
be affected by the provisions of this Section), or any department,
agency, board or commission thereof or (b) to the actual amount, if
any, of the consideration paid for the land if the grantor is the
State of Illinois or any department, agency, board or commission thereof.
In the event the highest appraisal exceeds the average of the
other two appraisals by more than 10%, such appraisal shall not be
considered in determining the market value of the land and a new
appraiser shall be appointed by the State Board, who shall re-appraise
the land. The re-appraisal shall then become the third appraisal as
required by this Section. The cost of the appraisement shall be
paid by the community college district.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-7) (from Ch. 122, par. 105-7)
Sec. 5-7. Transfer of funds or designation of real property. As part of
entering into an agreement with the
Capital Development Board, the community college board shall transfer to
the Capital Development Board funds or designate for building
purposes any real property
it may own, either improved or unimproved, situated within the geographical
boundaries of such community college district, or both, in an amount equal
to at least 25% of the total amount necessary to finance the project,
except that no real property may be so designated, unless prior
to its acquisition by the community college district after December 18,
1975 the Capital Development Board has had an
opportunity to evaluate the land and issue a report concerning its
suitability for construction purposes. Of the total funds transferred from the community college board to the Capital Development Board, an amount equal to 40% of each of the fees under an architect or engineer contract, including any reimbursable items under the contract to cover contractual obligations through the design development phase of the project, shall be transferred prior to the signing of the contract. Prior to approval to proceed beyond the design development stage or to advertising the first bid package of a phased-bid project, whichever comes first, the community college board shall transfer funds to the Capital Development Board in an amount equal to the balance of the local share of the total project cost. For the purposes of this Section,
the proceeds derived from the sale of bonds as provided in this Act, any
lands designated as all or part of the 25% contribution by the community
college district or any other money available to the community college for
building purposes may be used.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-8) (from Ch. 122, par. 105-8)
Sec. 5-8.
(Repealed).
(Source: P.A. 78-669; 78-1297. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5-9) (from Ch. 122, par. 105-9)
Sec. 5-9.
The community college district may finance 25% or more of the
project by issuing bonds in the manner provided in Article IIIA. The community
college board is authorized to transfer to the Capital Development Board
to supplement the financing by the Capital Development Board responsive
to the "Capital Development Bond Act of 1972", as now or hereafter amended,
and the "Capital Development Board Act", as now or hereafter amended, such
monies as are necessary to finance at least 25% of the project. In addition
any community college district may designate for building purposes any
property it may own, either real or personal, situated within the geographical
boundaries of such community college district, as part of its contribution
necessary to finance at least 25% of the project. The obligation of property
and money may be made for any project authorized by law to be undertaken
by the Capital Development Board responsive to a declaration of such project
being in the public interest by the General Assembly for any of the purposes
approved by the State Board.
(Source: P.A. 81-1509.)
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(110 ILCS 805/5-10) (from Ch. 122, par. 105-10)
Sec. 5-10.
The community college district shall make written reports on the
progress and completion of the project as required by the State Board.
(Source: P.A. 78-669.)
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(110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
Sec. 5-11.
Any public community college which subsequent to July 1,
1972 but before July 1, 2016, commenced construction of any facilities approved by the State Board
and the Illinois Board of Higher Education may, after completion thereof,
apply to the State for a grant for expenditures made by the community college
from its own funds for building purposes for such facilities in excess of
25% of the cost of such facilities as approved by the State Board and the
Illinois Board of Higher Education. Any public community college that, on or after July 1, 2016, commenced construction of any facilities approved by the State Board may, after completion thereof,
apply to the State for a grant for expenditures made by the community college
from its own funds for building purposes for such facilities in excess of
25% of the cost of such facilities as approved by the State Board. A grant shall be contingent upon
said community college having otherwise complied with Sections 5-3, 5-4,
5-5 and 5-10 of this Act.
If any payments or contributions of any kind which are based upon, or
are to be applied to, the cost of such construction are received from the
Federal government, or an agency thereof, subsequent to receipt of the grant
herein provided, the amount of such subsequent payment or contributions shall be
paid over to the Capital Development Board by the community college for deposit in the
Capital Development Bond Interest and Retirement Fund.
(Source: P.A. 99-655, eff. 7-28-16.)
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(110 ILCS 805/5-12) (from Ch. 122, par. 105-12)
Sec. 5-12.
In the event the Capital Development Board determines that
a facility previously provided for a community college under this Article
was defectively designed or constructed, the cost of any necessary corrective
work shall be fully funded by monies appropriated pursuant to the Capital
Development Bond Act of 1972, as now or hereafter amended. In such an instance,
the community college shall not be required to provide any portion of the
cost of the corrective work.
Should a community college district recover damages against any party responsible
for the defective design or construction of a community college facility,
the community college district shall reimburse the State of Illinois for
any funds provided by the State to correct building defects.
No provision of this Section shall preclude or delay litigation by a community
college district to recover damages for such defective design or construction
from the party or parties responsible for same.
(Source: P.A. 81-994.)
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(110 ILCS 805/Art. V-A heading)
ARTICLE V-A.
COMMUNITY COLLEGE ENERGY
CONSERVATION AND SAVING MEASURES
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(110 ILCS 805/5A-5)
Sec. 5A-5.
Definitions.
In this Article words and phrases have the
meanings set forth in the following Sections preceding Section 5A-30.
(Source: P.A. 88-173.)
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(110 ILCS 805/5A-10)
Sec. 5A-10. Energy conservation measure. "Energy conservation
measure" means any improvement, repair, alteration, or betterment of any
building or facility owned or operated by a community college district or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to all applicable building codes,
that is designed to reduce
energy consumption or operating costs, and may include, without limitation,
one or more of the following:
(1) Insulation of the building structure or systems | ||
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(2) Storm windows or doors, caulking or | ||
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(3) Automated or computerized energy control systems.
(4) Heating, ventilating, or air conditioning system | ||
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(5) Replacement or modification of lighting fixtures | ||
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(6) Energy recovery systems.
(7) Energy conservation measures that provide | ||
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(Source: P.A. 94-1062, eff. 7-31-06.)
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(110 ILCS 805/5A-15)
Sec. 5A-15. Guaranteed energy savings contract. "Guaranteed energy
savings contract" means a contract for: (i) the implementation of an
energy audit, data collection, and other related analyses preliminary to
the undertaking of energy conservation measures; (ii) the evaluation and
recommendation of
energy conservation measures; (iii) the implementation of one or more
energy conservation measures; and (iv) the implementation of project
monitoring and data collection to verify post-installation energy
consumption and energy-related operating costs. The contract shall provide
that all payments, except
obligations on termination of the contract before its expiration, are to be
made over time and that the savings are guaranteed to the extent necessary
to pay the costs of
the energy conservation measures. Energy savings may include energy reduction and offsetting sources of renewable energy funds, including renewable energy credits and carbon credits.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5A-20)
Sec. 5A-20.
Qualified provider.
"Qualified provider" means a person
or business whose employees are experienced and trained in the design,
implementation, or installation of
energy conservation measures. The minimum training required for any person
or employee under this Section shall be the satisfactory completion of at
least 40 hours of course instruction dealing with energy conservation
measures. A qualified provider to whom the contract is
awarded shall give a sufficient bond to the community college district for its
faithful performance.
(Source: P.A. 88-173.)
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(110 ILCS 805/5A-25)
Sec. 5A-25. Request for proposals. "Request for proposals" means a
competitive selection achieved by negotiated procurement. The request for proposals shall be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication and through at least one public notice, at least 14 days before the request
date in a newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general circulation in the
area of the district, by a community college district that will administer the
program, requesting innovative solutions and proposals for energy
conservation measures. Proposals submitted shall be sealed. The request
for proposals shall include all of the following:
(1) The name and address of the community college | ||
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(2) The name, address, title, and phone number of a | ||
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(3) Notice indicating that the community college | ||
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(4) The date, time, and place where proposals must be | ||
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(5) The evaluation criteria for assessing the | ||
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(6) Any other stipulations and clarifications the | ||
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(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5A-30)
Sec. 5A-30. Evaluation of proposal. Before entering into a guaranteed
energy savings contract under Section 5A-35, a community college district shall
submit
a request for proposals. The community college district shall evaluate any
sealed proposal
from a qualified provider. The evaluation shall analyze the estimates of
all costs of installations, modifications or remodeling, including, without
limitation, costs of a pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt
service, conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and reporting. The
evaluation shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If technical
assistance is not available by a licensed architect or registered
professional engineer on the community college district staff, then the
evaluation of
the proposal shall be done by a registered professional engineer or
architect, who is retained by the community college district. Any licensed architect or registered professional engineer evaluating a proposal under this Section may not have any financial or contractual relationship with a qualified provider or other source that would constitute a conflict of interest. The community
college district may
pay a reasonable fee for evaluation of the proposal or include the fee as
part of the payments made under Section 5A-40.
(Source: P.A. 94-1062, eff. 7-31-06.)
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(110 ILCS 805/5A-35)
Sec. 5A-35. Award of guaranteed energy savings contract. Sealed
proposals must be opened by a member or employee of the community college board
at a
public opening at which the contents of the proposals must be announced.
Each person or entity submitting a sealed proposal must receive at least 10
days notice of the time and place of the opening.
The community college
district shall select the qualified provider that best meets the needs of
the district. The community college district shall provide public notice of
the
meeting at which it proposes to award a guaranteed energy savings contract
of the names of the parties to the proposed contract and of the purpose of
the contract. The public notice shall be made at least 10 days prior to
the meeting. After evaluating the proposals under Section 5A-30, a community
college
district may enter into a guaranteed energy savings contract with a
qualified provider if it finds that the amount it would spend on the
energy
conservation measures recommended in the proposal would not exceed the
amount to be saved in either energy or operational costs, or both, within a
20-year period from the date of installation, if the recommendations in
the proposal are followed. Contracts let or awarded shall be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5A-40)
Sec. 5A-40. Guarantee. The guaranteed energy savings contract shall
include a written guarantee of the qualified provider that either the
energy or operational cost savings, or both, will meet or exceed within 20
years the costs
of the energy conservation measures. The qualified provider
shall reimburse the community college district for any shortfall of guaranteed
energy
savings projected in the contract. A qualified provider shall provide a
sufficient bond to the community college district for the installation and the
faithful performance of all the measures included in the contract. The
guaranteed energy savings contract may provide for payments over a period
of time, not to exceed 20 years from the date of final installation of the
measures.
(Source: P.A. 94-1062, eff. 7-31-06.)
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(110 ILCS 805/5A-45)
Sec. 5A-45. Installment payment contract; lease purchase agreement. A community college district or
2 or more such districts in combination may enter into an
installment payment contract or lease purchase agreement with a qualified
provider or with a third-party, as authorized by law, for the funding or financing of the purchase and installation of energy conservation measures by a qualified provider.
Every community college district may issue certificates evidencing the
indebtedness
incurred pursuant to the contracts or agreements. Any such contract or
agreement shall be valid
whether or not an appropriation with respect
thereto is first included in any annual or additional or supplemental budget
adopted by
the community college district. Each contract or agreement entered
into by a community college district pursuant to this Section shall be
authorized by official action
of the community college board. The authority granted under this Section is in addition to any other authority granted by law.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/5A-50)
Sec. 5A-50.
Term; budget and appropriations.
Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
The community college district shall include in its annual budget and
appropriations measures for each subsequent fiscal year any amounts payable
under guaranteed energy savings contracts during that fiscal year.
(Source: P.A. 88-173.)
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(110 ILCS 805/5A-55)
Sec. 5A-55.
Operational and energy cost savings.
The community college
district
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and designate and appropriate that
amount for an annual payment of the contract. If the annual energy savings
are less than projected under the guaranteed energy savings contract the
qualified
provider shall pay the difference as provided in Section 5A-40.
(Source: P.A. 88-173.)
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(110 ILCS 805/5A-60)
Sec. 5A-60.
Available funds.
A community college district may use funds
designated for operating or capital expenditures for any guaranteed energy
savings contract including purchases using installment payment contracts or
lease purchase agreements. A community college district that enters into such
a
contract or agreement may covenant in such contract or agreement that
payments made thereunder shall be payable from the first funds legally
available in each fiscal year.
(Source: P.A. 88-173.)
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(110 ILCS 805/5A-65)
Sec. 5A-65.
Funding.
No State credit hour grants or other grants or funds
appropriated for
distribution to or reimbursement of a community college district shall be
reduced
as a result of energy savings realized from a guaranteed energy savings
contract or a lease purchase agreement for the purchase and installation of
energy conservation measures.
(Source: P.A. 88-173.)
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(110 ILCS 805/Art. VI heading) ARTICLE VI.
TUITION; ANNEXATION
AND DISCONNECTION OF TERRITORY;
TAXATION
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(110 ILCS 805/6-1) (from Ch. 122, par. 106-1)
Sec. 6-1.
(Repealed).
(Source: P.A. 86-469. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/6-1.5) Sec. 6-1.5. Attending community college outside of resident district. (a) The purpose of this Section is to expand educational services to the greatest number of students in each community college district and maximize the utilization of the finances, facilities, equipment, and personnel of each district to provide educational services that might otherwise be impracticable for a district individually. This Section is not intended to limit the ability of any community college district to establish new units of instruction, research, or public service under Section 3-25.1 of this Act. (b) In this Section: "Receiving college" means the community college | ||
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"Sending college" means the community college | ||
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(c) Pursuant to this Section, if a resident of a community college district wants to attend the community college maintained by the district of his or her residence, but the student wants to enroll in a program that is not offered by that community college and the community college does not have a contractual agreement under Section 3-40 of this Act for such a program, then the student, subject to Section 3-17, may attend any recognized public community college in any other district and shall pay tuition and fees at the in-district rate of the receiving college. If the student is seeking State or federal financial assistance, then the student shall apply for assistance at the receiving college. (d) The State Board shall maintain a program directory on the State Board's website to assist community colleges in determining which programs are offered at each community college. At a minimum, this directory shall provide a comparison of program titles and classification of instructional program codes. Delivery methods and minor program differences, such as the length of a semester, online versus in-person instruction, competency-based instruction, and program credit hours, and minor course requirement differences do not constitute a difference in a program for purposes of attending another community college under this Section. Programmatic differences shall be based upon classification of instructional program codes, the occupational outlook for completers, or other substantial programmatic differences. Determinations regarding programmatic differences shall be first determined by the sending college. The State Board shall establish a process for resolving disputes between community college districts regarding programmatic differences. (e) Students who want to enroll at a receiving college shall make an application to their sending college in accordance with rules and procedures established and published by their sending college. Community colleges shall make every attempt to review such requests in a timely manner so as to not impede the students' educational progress. Students shall secure from their sending college a letter designating them as participants in an approved program. A copy of such letter shall be sent to the receiving college. A student may not enroll under the provisions of this Section in a program of a receiving college at the in-district tuition rate if the student's educational objectives can be met at the sending college. (f) Upon written approval from the sending college, a student shall register at the receiving college and shall be a member of the receiving college's district for the term of the student's enrollment. A student may choose to complete any required general education coursework and may take approved courses at the sending college or at the receiving college. Upon successful completion, courses taken at either the sending college or the receiving college shall be acceptable for transfer to the sending college or receiving college for completion of any program. The receiving college shall maintain admission records and transcripts and issue any degrees or certificates to the student upon completing the educational program. The receiving college shall provide copies of such records to the sending college at the student's request or as part of any program verification for the sending college. (g) The receiving college shall provide access to its learning resources center and other instructional resources for students from the sending college, equal to those provided for any other student at the receiving college. The receiving college shall also provide counseling and guidance and other services that facilitate the learning process. (h) The receiving college shall be considered the student's district for athletic eligibility, for any activity in which the student officially represents a community college, for the military, and for scholarships offered by the Illinois Student Assistance Commission. Other athletic eligibility requirements shall be determined by the rules of the receiving college's athletic conference. Students from any sending college are eligible at the receiving college for any other extracurricular activities, scholarships, or other recognition of excellence in the program for which they are attending at the receiving college. (i) Except for equalization grants, the receiving college is eligible to file claims for State grants under Section 2-16.02 of this Act for any student from the sending college enrolled in courses offered at the receiving college. The receiving college shall provide the sending college with the semester credit hours taken by each student from the sending college for purposes of equalization grants. If the student enrolls in courses offered at the sending college, the sending college shall claim semester credit hours provided to the student in attendance at the sending college. (Source: P.A. 103-159, eff. 1-1-24.) |
(110 ILCS 805/6-2) (from Ch. 122, par. 106-2)
Sec. 6-2.
Any graduate of a recognized high school or student otherwise
qualified to attend a public community college and residing outside a
community college district but within this State may, subject to Section 3-17, attend any recognized public
community college in the State at the tuition rate of a student residing in the district. Subject to appropriation, the State Board shall pay the difference between the in-district and out-of-district tuition amounts to the community college district for any
semester or term of that academic year.
If he or
she becomes a resident of a community college district, he or she shall be
classified as a resident of that district at the beginning of any semester or term following that change of residence and the State Board shall no longer pay the difference in tuition rates.
Per capita cost shall be computed by adding all of the non-capital expenditures for the previous year, including interest, to the depreciation on the capital outlay expenditures paid from sources other than State and federal funds, less any payments toward non-capital expenditures received from State and federal sources for the previous year (except for grants through the State Board under Section 2-16.02 of this Act), and dividing that amount by the number of full-time equivalent students for that fiscal year as defined under this Section.
A full-time equivalent student for a semester or term is
defined as a student doing 15 semester hours of work per semester or the equivalent thereof, and the
number of full-time equivalent students enrolled per term shall be
determined by dividing by 15 the total number of semester hours for which State Board grants are received, or the
equivalent thereof, carried by all students of the college through the
mid-term of each semester or term. The number of full-time
equivalent students for a fiscal year shall be computed by adding the total
number of semester hours of work or the equivalent thereof
carried by all students of the college through the mid-term of each
semester or term during that fiscal year and dividing that sum by
30 semester hours. Tuition of students
carrying more or less than 15 semester hours of work per semester or the equivalent thereof shall be
computed in the proportion which the number of hours so carried bears to 15
semester hours or the equivalent thereof.
If the United States Government, the State of Illinois, or any agency
pays tuition for any community college student, neither the district of
residence of the student nor the student may be required to pay that
tuition or such part thereof as is otherwise paid. No part of the
State's financial responsibility provided for in Section 2-16
may be transferred to a student's district of residence under this Section.
(Source: P.A. 103-159, eff. 1-1-24.)
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(110 ILCS 805/6-4) (from Ch. 122, par. 106-4)
Sec. 6-4. Variable rates and fees. Any community college district, by
resolution of the board, may establish variable tuition rates and fees for
students attending its college in an amount not to exceed 1/3 of the per capita
cost as defined in Section 6-2, provided that voluntary contributions, as
defined in Section 65 of the Higher Education Student Assistance Act, shall not
be included in any calculation
of community college tuition and fee rates for the purpose of this Section. Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the board shall deem that person an in-district resident for tuition purposes. Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the board shall deem that person an in-district resident for tuition purposes. Beginning with the 2019-2020 academic year through the 2021-2022 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the board shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable. Beginning with the 2022-2023 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active duty or is an individual entitled to assistance as described in 38 U.S.C. 3679(c), then the board shall deem that person an in-district resident for tuition purposes for any academic quarter, semester, or term, as applicable.
(Source: P.A. 101-424, eff. 8-16-19; 102-800, eff. 5-13-22.)
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(110 ILCS 805/6-4a)
Sec. 6-4a. In-state tuition charge.
(a) Notwithstanding any other provision of law to the contrary, for
tuition purposes, a board shall deem an individual an Illinois resident,
until the individual establishes a residence outside of this State, if all of
the following conditions are met:
(1) The individual resided with his or her parent or | ||
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(2) The individual graduated from a public or private | ||
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(3) The individual attended school in this State for | ||
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(4) The individual registers as an entering student | ||
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(5) In the case of an individual who is not a citizen | ||
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(b) This Section applies only to tuition for a term or semester that
begins on or after the effective date of this amendatory Act of the 93rd
General Assembly.
(c) Beginning with the 2013-2014 academic year, if a person is utilizing benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 or any subsequent variation of that Act, then the board shall deem that person an Illinois resident for tuition purposes. (d) Beginning with the 2015-2016 academic year, if a person is utilizing benefits under the federal All-Volunteer Force Educational Assistance Program, then the board shall deem that person an Illinois resident for tuition purposes. (e) Beginning with the 2019-2020 academic year, per the federal requirements for maintaining approval for veterans' education benefits under 38 U.S.C. 3679(c), if a person is on active military duty or is receiving veterans' education benefits, then the board shall deem that person an Illinois resident for tuition purposes for any academic quarter, semester, or term, as applicable. (Source: P.A. 101-424, eff. 8-16-19.)
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(110 ILCS 805/6-4.1) (from Ch. 122, par. 106-4.1)
Sec. 6-4.1.
If a resident of Illinois qualifies for admission to a public
community college under Section 3-17 but does not qualify for financial
support under Section 6-1.5 or 6-2, that person may be enrolled in the college upon payment
of the difference between the per capita cost as defined in Section 6-2
less any payments toward noncapital expenditures received from State and
federal sources for the previous year except grants through the State Board
as authorized in Section 2-16 or 2-16.02, as the case may be, converted
to a semester hour
base, and the combined rate of State grants other than equalization grants
for the current year as authorized in Section 2-16.02,
notwithstanding tuition
limits of Section 6-4. Subject to Section 3-17, a public community college
may accept out-of-state students upon payment of the per capita cost as
defined in Section 6-2. Notwithstanding the provisions of this Section, the
out-of-district or out-of-state tuition, whichever is applicable, may be
waived for a student who is employed for at least 35 hours per week by
an entity located
in the district or is enrolled in a course that is being provided
under terms of a contract for services between the employing entity and the college.
(Source: P.A. 103-159, eff. 1-1-24.)
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(110 ILCS 805/6-4.2) Sec. 6-4.2. In-district tuition charge. Notwithstanding any other provision of law or administrative rule to the contrary, for tuition purposes, a student shall be classified as a resident of a community college district after establishing the 30-day residency requirement of the district.
(Source: P.A. 100-884, eff. 1-1-19.) |
(110 ILCS 805/6-5.3) (from Ch. 122, par. 106-5.3)
Sec. 6-5.3.
Any part of the territory included in one community college district
which is on the border of that district and the disconnection of which
will not destroy the contiguity of that district may be disconnected
from that district and annexed to another community college district to
which that territory is contiguous if (1) that disconnection and
annexation will make community college educational opportunities more
readily available to the residents of that territory and (2) the
disconnection from the community college district of which the territory
is presently a part will not reduce the population and equalized
assessed valuation of the remainder of that district below that required
for original organization.
Subject to those conditions, a petition signed by 2/3 of the resident
voters of the territory may be filed with the appropriate regional superintendent
of the community
college district of which the territory is a part. The petition must
contain a description of the territory to be disconnected and annexed
and must petition for the disconnection thereof from one designated
community college district and for the annexation thereof to another
designated community college district. Upon the filing of such a
petition the regional superintendent shall submit the petition to the
State Board for review.
Subject to those conditions, a petition signed by 1/5 or 500,
whichever is less, of the resident voters of the territory may be filed
with the appropriate regional superintendent who conducted the election for the
establishment of the community college district of which the territory
is a part. The petition must contain a description of the territory to
be disconnected and annexed and request that an election be called in
the territory described therein for the purpose of voting on the
proposition whether that territory shall be disconnected from one
designated community college district and annexed to another designated
community college district. Upon the filing of such a petition, the
regional superintendent shall submit the petition to the State Board for
review.
Upon the receipt from a regional superintendent of a petition filed
with him under this Section and signed by 2/3 of the resident voters of
the territory described in the petition, the State Board shall notify
the board of the community college district affected by the petition of
the receipt of the petition and shall cause to be published in one or more
newspapers having a general circulation in the territory described in the
petition a notice stating that a petition has been filed for
certain described territory, stating the prayer of that petition and
that any persons wishing to object to the prayer of that petition must
file a petition signed by 10% or 25, whichever is less, of the resident
voters of that territory requesting a public hearing on such petition
with the State Board within 30 days of the publication of the notice. In
the event that there are no resident voters in the territory described
in the petition filed with the regional superintendent, then any
petition requesting a public hearing shall be signed by the owners of
25% or more of the area of that territory. If a petition requesting a
public hearing on the petition filed with the regional superintendent is
so filed, the State Board shall set that petition for hearing not sooner
than 10 nor more than 60 days from the date on which the petition for a
public hearing was filed and shall cause notice of the date, time and place
of the hearing to be published in one or more newspapers having a general
circulation in the territory described in the petition and the community
college district. On such day, or on a day to which the State Board continues
that hearing, the State Board or a hearing officer appointed by it shall
hear the petition and determine its sufficiency under this Article and may
adjourn the hearing from time to time or continue the matter for want of
sufficient notice or for other good cause. The State Board or a hearing
officer appointed by it shall hear any additional evidence as to the school
needs and conditions of the territory described in the petition and in the
area within and adjacent thereto. If a hearing officer is appointed he shall
report a summary of the testimony
to the State Board. At the hearing, any resident of the territory described
in the petition or any community district affected thereby may appear in
support of the petition or to object thereto. If on the basis of its own
study or at a public hearing the State Board
finds the petition to be insufficient it shall disapprove the petition.
If on the basis of its own study or at a public hearing the State Board
finds the petition to be sufficient it shall determine whether the prayer
of the petition is in the best interests of the schools in the general area
and the educational welfare of the students within the territory described
in the petition and shall either approve or
disapprove the petition. If the prayer of the petition is determined to
be in the best interests of the schools in the general area and the educational
welfare of the students within the territory described in the petition,
the State Board shall approve the petition. If the State
Board disapproves the petition no further action shall be taken. If it
approves the petition the State Board shall direct the appropriate
regional superintendent to enter an order effecting the prayer of the
petition.
Within 30 days after receipt of the direction from the State Board
the regional superintendent shall make and file with the State Board and
the county clerk of the county or counties concerned a map showing the
amended boundaries of the community college district.
Upon the receipt from a regional superintendent of a petition filed
with him under this Section and signed by 1/5 or 500, whichever is
applicable, of the resident voters of the territory described in that
petition, the State Board shall notify the board of the community college
district affected by the petition of the receipt of the petition and shall
set the petition for hearing not sooner than 10 nor more than 60 days from
the date it was submitted by the regional superintendent and shall cause
notice of the filing of the petition and of the date, time and place of
the hearing to be published in one or more newspapers having a general circulation
in the territory described in that petition and in the community college
district. On such day, or on a day to which the State Board continues the
hearing, the State Board or a hearing officer appointed by it shall hear
the petition and determine its sufficiency under
this Article and may adjourn the hearing from time to time or continue the
matter for want of sufficient notice or for other good cause. The State
Board or a hearing officer appointed by it shall hear any additional evidence
as to the school needs and conditions of the territory described in the
petition and in the area within and adjacent thereto, and if a hearing officer
is appointed he shall report a summary of the testimony to the State Board.
At the hearing, any resident of the territory described in the petition
or any district affected thereby may appear in support of the petition or
to object thereto. If the State Board finds the petition to be insufficient
it shall disapprove the petition. If the State Board finds the petition
to be sufficient it shall determine whether the prayer of the petition is
in the best interests of the schools in the general area and the educational
welfare of the students within the territory and shall
either approve or disapprove the petition. If the prayer of the petition
is determined to be in the best interests of the schools in the general
area and the educational welfare of the students within the territory described
in the petition, the State Board shall approve the petition.
If the State Board disapproves the petition no further action shall be
taken. If it approves the petition, the State Board shall direct the
appropriate regional superintendent to certify the proposition to the
proper election authorities, who shall submit to the electorate, at a
regular scheduled election
in accordance with the general election law, the proposition
presented by the petition in
the territory described in the petition.
The election shall be conducted in accordance with the general election
law. If a majority of the votes cast on the
proposition are in favor of
the proposition, the territory shall be changed accordingly. If the
proposition relates to 2 community college districts, immediately
following such favorable referendum, the regional superintendent
who certified the proposition for submission shall certify the results
of the election, along
with a copy of the ballot, the petition and the approval of the petition
by the State Board, to the appropriate regional superintendent
for the other community college district.
Within 30 days after the referendum the regional superintendent or
superintendent of schools shall make and file with the State Board and
the county clerk of the county or counties concerned a map or maps
showing the amended boundaries of the community college district or
districts.
(Source: P.A. 81-1489.)
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(110 ILCS 805/6-5.3a) (from Ch. 122, par. 106-5.3a)
Sec. 6-5.3a.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-5.5) (from Ch. 122, par. 106-5.5)
Sec. 6-5.5.
Any annexation, disconnection and annexation, or disconnection
accomplished under this Article takes effect on July 1st following the
entry of the order by the regional superintendent or the court, or following the
election, as the case may be. Any territory which is disconnected from a
community college district, except territory that initiates proceedings to
disconnect from its initial district and annex to another community college
district within 30 days after the order for annexation to the first
district, remains subject to taxation to pay its proportionate share of the
bonded indebtedness of that community college district outstanding on the
date the disconnection takes effect but no other part of the district to
which that territory is annexed is subject to taxation on that bonded
indebtedness of the district from which that territory was disconnected.
That territory which initiates proceedings for disconnection from its
initial district and annexation to another community college district
within 30 days of the order for its annexation to its initial district
shall not be considered a part of a community college district until the
disconnection and annexation to another community college district has been
allowed or denied by the State Board.
(Source: P.A. 83-132.)
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(110 ILCS 805/6-5.9) (from Ch. 122, par. 106-5.9)
Sec. 6-5.9.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-6.1) (from Ch. 122, par. 106-6.1)
Sec. 6-6.1.
(Repealed).
(Source: P.A. 85-1335. Repealed by P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/6-7) (from Ch. 122, par. 106-7)
Sec. 6-7.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-7.1) (from Ch. 122, par. 106-7.1)
Sec. 6-7.1.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-7.2) (from Ch. 122, par. 106-7.2)
Sec. 6-7.2.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-7.3) (from Ch. 122, par. 106-7.3)
Sec. 6-7.3.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-7.4) (from Ch. 122, par. 106-7.4)
Sec. 6-7.4.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-7.5) (from Ch. 122, par. 106-7.5)
Sec. 6-7.5.
(Repealed).
(Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)
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(110 ILCS 805/6-10) (from Ch. 122, par. 106-10)
Sec. 6-10.
Sections 6-5.3, 6-5.5 and 6-6.1 do not apply to community college
districts to which Article VII applies.
(Source: P.A. 78-669.)
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(110 ILCS 805/6-12) (from Ch. 122, par. 106-12)
Sec. 6-12.
The tax rates and the tax rate limitation in this Act shall not
be subject to the provisions of the Revenue Act of 1939 or its successor
provisions included in the Property Tax Code.
(Source: P.A. 88-670, eff. 12-2-94.)
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(110 ILCS 805/Art. VII heading) ARTICLE VII
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(110 ILCS 805/7-1) (from Ch. 122, par. 107-1)
Sec. 7-1.
This Article applies only to community college districts in cities
having a population of 500,000 or more inhabitants. Each such community
college district shall maintain a system of community colleges under the
charge of a board, which is appointed as provided in Section 7-2. Except as
otherwise provided in this Article, such a community college district and
its board have all the rights, duties, powers and responsibilities and are
subject to the same limitations as are provided for other community college
districts in this Act, as now or hereafter amended.
(Source: P.A. 78-669.)
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(110 ILCS 805/7-1.1) (from Ch. 122, par. 107-1.1)
Sec. 7-1.1.
Additional powers.
(a) In addition to other powers and authority
now possessed by it, the board shall have power (1) to lease from any public
building commission created pursuant to the provisions of the "Public Building
Commission Act", approved July 5, 1955, as now or hereafter amended, any
real or personal property for the purpose of securing office or other space
for its administrative functions or for community college purposes for a
period of time not exceeding 40 years; and (2) to pay for the use of this
leased property in accordance with the terms of the lease and with the
provisions
of the "Public Building Commission Act", approved July 5, 1955, as now or
hereafter amended.
Such lease may be entered into without making a previous appropriation
for the expense thereby incurred; provided, however, that if the board
undertakes
to pay all or any part of the costs of operating and maintaining the property
of a public building commission as authorized in this Section, such expenses
of operation and maintenance shall be included in the annual budget of such
board annually during the term of such undertaking.
In addition, the board may undertake, either in the lease with a public
building commission or by separate agreement or contract with a public building
commission, to pay all or any part of the costs of maintaining and operating
the property of a public building commission for any period of time not
exceeding 40 years.
(b) In addition, the board shall have power to borrow money (including,
without limitation, in the form of a line of credit which may vary from time to
time as to outstanding principal amount) from any source, public or private,
for the purpose of refunding or continuing to refund bonds, notes or other
indebtedness when they become due and payable, and to enter into agreements in
connection with such borrowing, including agreements providing for the issuance
of indebtedness to evidence the obligation to repay such borrowing and
agreements providing for the pledge of and the granting of a lien on tuition
and fees established and collected by the board pursuant to Section 6-4;
provided that the proceeds of any such indebtedness shall be used only to
refund or continue to refund bonds, notes or other indebtedness initially
issued between February 1, 1994 and March 1, 1994 in an amount not exceeding
$34,000,000, and that any such indebtedness be repaid within 20 years.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/7-1.2)
Sec. 7-1.2.
Power to deduct wages for municipal debts.
Upon receipt of
notice from the comptroller of a municipality with a population of 500,000 or
more
that a debt is due and owing the municipality by an employee of the board, the
board may withhold, from the compensation of that employee, the amount of the
debt that is due and owing and pay the amount withheld to the municipality;
provided, however, that the amount deducted from any one salary or wage payment
shall not exceed 25% of the net amount of the payment. Before the board
deducts any amount from any salary or wage of an employee under this Section,
the
municipality shall certify that the employee has been afforded an opportunity
for a
hearing to dispute the debt that is due and owing the municipality. For
purposes of
this Section, "net amount" means that part of the salary or wage payment
remaining
after the deduction of any amounts required by law to be deducted and
"debt due
and owing" means (i) a specified sum of money owed to the municipality for
city
services, work, or goods, after the period granted for payment has expired, or
(ii) a
specified sum of money owed to the municipality pursuant to a court order or
order
of an administrative hearing officer after the exhaustion of, or the failure to
exhaust,
judicial review.
(Source: P.A. 90-22, eff. 6-20-97.)
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(110 ILCS 805/7-2) (from Ch. 122, par. 107-2)
Sec. 7-2.
The board shall consist of 7 members, appointed by the mayor with the
approval of the city council. Prior to the expiration of the term of any
member his successor shall be appointed in like manner and shall hold
office for a term of 3 years from July 1 of the year in which he is
appointed and until his successor is appointed and qualified. Any vacancy
in the membership of the board shall be filled through appointment by the
mayor, with the approval of the city council, for the unexpired term. If
any appointee fails to qualify within 30 days after his appointment, the
office shall be filled by a new appointment for the unexpired term. To be
eligible for appointment to a board under this Section, a person must
possess the same qualifications and meet the same requirements as are
prescribed by this Act for members of an elected board of a community
college district.
(Source: P.A. 78-669.)
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(110 ILCS 805/7-3) (from Ch. 122, par. 107-3)
Sec. 7-3.
The organization of the board and election of officers for
a board appointed under Section 7-2 shall be conducted in accordance with
the general election law and this Act.
(Source: P.A. 81-1489.)
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(110 ILCS 805/7-4) (from Ch. 122, par. 107-4)
Sec. 7-4.
No power vested in the board or in any of its officers, agents or
employees may be exercised by the city council.
(Source: Laws 1967, p. 9.)
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(110 ILCS 805/7-5) (from Ch. 122, par. 107-5)
Sec. 7-5.
The fiscal year shall commence on the first day of
July and end on the last day of June of each succeeding year.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/7-6)
Sec. 7-6. (Repealed).
(Source: P.A. 85-1335. Repealed by P.A. 95-1046, eff. 3-27-09.)
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(110 ILCS 805/7-7)
Sec. 7-7. (Repealed).
(Source: P.A. 77-676. Repealed by P.A. 95-1046, eff. 3-27-09.)
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(110 ILCS 805/7-8) (from Ch. 122, par. 107-8)
Sec. 7-8.
Before or within the first quarter of each fiscal year, the board shall
adopt a budget and pass a resolution to be termed the "annual budget",
hereinafter called the "budget", in and by which the board, subject to the
limitations in Sections 7-9 through 7-13, shall appropriate such sums of
money as may be required to defray all of its estimated expenses and
liabilities to be paid or incurred during that fiscal year.
(Source: P.A. 82-1001.)
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(110 ILCS 805/7-9) (from Ch. 122, par. 107-9)
Sec. 7-9.
The budget shall set forth estimates, by classes, of all current
assets and liabilities of each fund of the board as of the beginning of the
fiscal year, and the amounts of those assets estimated to be available for
appropriation in that year, either for expenditures or charges to be made
or incurred during that year or for liabilities unpaid at the beginning
thereof. Estimates of taxes to be received from the levies of prior years
shall be net, after deducting amounts estimated to be sufficient to cover
the loss and cost of collecting those taxes and also deferred collections
thereof and abatements in the amount of those taxes extended or to be
extended upon the collectors' books.
Estimates of the liabilities of the respective funds shall include:
1. all final judgments, including accrued interest | ||
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2. the principal of all tax anticipation warrants and | ||
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3. any amount for which the board is required under | ||
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4. the amount of all accounts payable including | ||
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The budget shall also set forth detailed estimates of all taxes to be
levied for that year and of all current revenues to be derived from sources
other than taxes, including State and Federal contributions, rents, fees,
perquisites, and all other types of revenue, which will be applicable to
expenditures or charges to be made or incurred during that year.
No estimate of taxes to be levied during the fiscal year for
educational purposes
and operations and maintenance of facilities purposes may exceed a sum
equivalent to the product of the value of the taxable property in the
district, as ascertained by the last assessment for State and county taxes
previous to the passage of the budget, multiplied by the maximum per cent
or rate of tax which the corporate authorities of the city are authorized
by law to levy for the current fiscal year for those purposes.
All these estimates shall be so segregated and classified as to funds
and in such other manner as to give effect to the requirements of law
relating to the respective purposes to which the assets and taxes and other
current revenues are applicable, so that no expenditure will be authorized
or made for any purpose in excess of the money lawfully available therefor.
The several estimates of assets, liabilities and expenditure
requirements required or authorized to be made by this Section and by
Section 7-10 shall be made on the basis of information known to the board
at the time of the passage of the annual budget and are not invalidated or
otherwise subject to attack merely because after that time additional
information is known to or could be discovered by the board that would
require a different estimate or because the board might have amended these
estimates under Section 7-12.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/7-10) (from Ch. 122, par. 107-10)
Sec. 7-10.
The budget shall specify the organizational unit, fund, activity
and object to which an appropriation is applicable, as well as the amount
of such appropriation.
The budget shall include appropriations for:
1. All estimated current expenditures or charges to be made or incurred
during that fiscal year, including interest to accrue on tax anticipation
warrants and temporary loans;
2. All final judgments, including accrued interest thereon, entered
against the board and unpaid at the beginning of that fiscal year;
3. Any amount for which the board is required under this Act to
reimburse the working cash fund from the educational fund and
operations and
maintenance fund;
4. All other estimated liabilities, including the principal of all tax
anticipation warrants and all temporary loans and all accrued interest
thereon, incurred during prior years and unpaid at the beginning of that
fiscal year; and
5. An amount or amounts estimated to be sufficient to cover the loss and
cost of collecting taxes levied for that fiscal year and also deferred
collections thereof and abatements in the amounts of those taxes as
extended upon the collectors' books.
(Source: P.A. 85-1335.)
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(110 ILCS 805/7-11) (from Ch. 122, par. 107-11)
Sec. 7-11.
The budget shall be prepared in tentative form by the board and
in that form shall be made available to public inspection for at least 10
days prior to final action thereon, by having at least 5 copies thereof on
file in the office of the secretary of the board. Not less than one week
after those copies are placed on file and prior to final action thereon,
the board shall hold at least one public hearing thereon, of which notice
shall be given by publication in a newspaper published and having general
circulation in the district at least one week prior to the time of the
hearing. The board shall arrange for and hold the public hearing or
hearings.
(Source: Laws 1967, p. 9.)
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(110 ILCS 805/7-12) (from Ch. 122, par. 107-12)
Sec. 7-12.
Subsequent to the public hearing provided for in Section 7-11
and before final action on the budget, the board may revise, alter,
increase, or decrease the items contained therein, but the aggregate amount
finally appropriated by the budget, including any subsequent amendment
thereof, from any fund or for any purpose, including amounts appropriated
for judgments and all other unpaid liabilities and all other purposes for
which such authorities are herein or otherwise by law required to
appropriate, may not exceed the aggregate amount available in that fund or
for that purpose, as shown by the estimates of the available assets thereof
at the beginning of that fiscal year and of taxes and other current
revenues set forth in the budget. If the appropriations from any fund as
set forth in the budget as finally adopted exceed in the aggregate the
maximum amount which the board is authorized to appropriate therefrom, all
appropriations made from that fund by the budget are void and the several
amounts appropriated in the budget of the last preceding fiscal year, so
far as they relate to operation and maintenance expenses, shall be
considered to be appropriated for the current fiscal year for objects and
purposes, respectively, as specified in the budget for the preceding fiscal
year and the several amounts so appropriated shall constitute lawful
appropriations for the current fiscal year. The board shall cause the
budget to be entered in its proceedings within 10 days after its passage.
(Source: Laws 1967, p. 9.)
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(110 ILCS 805/7-13) (from Ch. 122, par. 107-13)
Sec. 7-13.
After the adoption of the budget, the board may not make any
other appropriations before the adoption or passage of the next succeeding
budget. The board may not, either directly or indirectly, make any
contract or do any act which will add to its expenditures or
liabilities, in any fiscal year, any thing or sum above the amount
provided for in the annual budget for that fiscal year, but the board, by
a concurring vote of 2/3 of all the members thereof (this vote to be
taken by yeas and nays and entered in the proceedings of the board), may
make any expenditures and incur any liability rendered necessary to meet
emergencies such as epidemics, fires, unforeseen damages or other
catastrophes happening after the annual budget has been
passed or adopted. However, the board may at any time after the adoption of
the annual budget, by a vote of 2/3 of all the members of the board, pass an
additional or supplemental budget, thereby adding appropriations to
those made in the annual budget and such supplemental or additional
budget shall be regarded as an amendment of the annual budget for that
year, but any additional or supplemental appropriations so made may not
exceed the amount of moneys which the board estimates it will receive in
that year from State appropriations, from federal funds and from any
increase in the authorized tax rates over and above the amount of moneys
which the board, at the time of the adoption of its annual budget for
that year, estimated would be received from those sources. This Section
does not prevent the board from providing for and causing to be paid
from its funds any charge imposed by law without the action of the
board.
(Source: P.A. 90-655, eff. 7-30-98.)
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(110 ILCS 805/7-14) (from Ch. 122, par. 107-14)
Sec. 7-14.
No contract may be made or expense or liability incurred
by the board, by any member or committee of the board, or by any person
for or in its behalf, notwithstanding the expenditure may have been
ordered by the board, unless an appropriation therefor has been
previously made. Neither the board, nor any member or committee,
officer, head of any department or bureau, or employee thereof may
during a fiscal year expend or contract to be expended any money, incur
any liability, or enter into any contract which by its terms involves
the expenditure of money for any of the purposes for which provision is
made in the annual budget, in excess of the amounts appropriated in the
annual budget. Any contract, verbal or written, made in violation of
this Section is void as to the board, and no moneys belonging to the
board may be paid on that contract. This Section does not prevent the
making of lawful contracts for the construction of buildings, the
purchase of insurance, or the leasing of realty, space and equipment,
the terms of which conform with the requirements of this Act, or the
making of lawful employment contracts and purchase orders the terms of
which exceed one year.
The board may, however, lease from any public building commission created
pursuant to the provisions of the "Public Building Commission Act", approved
July 5, 1955, as now or hereafter amended, any real or personal property
for the purpose of securing office or other space for its administrative
functions or for community college purposes for any period of time not exceeding
40 years, and such lease may be made and the obligation or expense thereunder
incurred without making a previous appropriation therefor, except as otherwise
provided in Section 7-1.1 of this Act.
(Source: P.A. 79-1456.)
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(110 ILCS 805/7-15) (from Ch. 122, par. 107-15)
Sec. 7-15.
The board may at any regular meeting on or after July 1 in any
year, by a vote of 2/3 of all its members, authorize the making of
transfers within any fund under its jurisdiction of sums of money
appropriated for one object or purpose to another object or purpose, which
action shall be entered in its proceedings; but no appropriation for any
purpose may be reduced below an amount sufficient to cover all obligations
incurred or to be incurred against the appropriation for that purpose.
If, at the termination of any fiscal year or the time when the budget
for the ensuing fiscal year should have been passed as provided in this
Article, the appropriations necessary for the expenditures of the board for
that ensuing fiscal year has not been made, the several amounts
appropriated in the last budget for operation and maintenance expenses
shall be considered to be appropriated for the current fiscal year for
those purposes. Until the board passes an appropriation for the current
fiscal year, the treasurer shall make the payments necessary for the
support of the public community college on the basis of the
appropriations of the
preceding fiscal year.
(Source: P.A. 82-622.)
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(110 ILCS 805/7-15a) (from Ch. 122, par. 107-15a)
Sec. 7-15a.
Notwithstanding any other provision of this Act, the board
of a community college district which changes from a full
accrual basis of accounting for the recognition of local property tax
revenues to a basis of accounting consistent with generally accepted
accounting principles as interpreted by National Council on Governmental
Accounting Interpretation No. 3, may, by resolution of the board
adopted by vote of a majority of the members voting on the measure at a
meeting of the board at which a quorum is present,
permanently transfer a portion of its working cash fund to its educational
fund and to its operations and maintenance fund in an
amount equal to the difference between the cumulative amount of local
property tax revenues which it would have recognized in its educational
fund and in its operations and maintenance fund through the
then current fiscal year under the full accrual basis of
accounting and the cumulative amount of local property tax revenues which
it does recognize in those 2 funds through the then current fiscal year under
the basis of accounting consistent with National Council on Governmental
Accounting Interpretation No. 3. This transfer shall be a one-time
occurrence in a year in which the community college district makes a change
from the full accrual basis of accounting to a basis of accounting consistent
with National Council on Governmental Accounting Interpretation No. 3.
(Source: P.A. 85-1335.)
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(110 ILCS 805/7-16) (from Ch. 122, par. 107-16)
Sec. 7-16.
The appropriation resolution or budget, including the amounts
for the payment of contract liabilities or to defray the expense of any
project or purpose, does not constitute an approval by the board of any
liability or of any project or purpose mentioned, but shall be regarded
only as the provisions for a fund or funds for the payment of legal
obligations of the board, which amounts have been properly vouchered,
audited and approved by or under authority of the board, or of any project
or purpose that has been approved and authorized by the board, as the case
may be.
(Source: Laws 1967, p. 9.)
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(110 ILCS 805/7-17) (from Ch. 122, par. 107-17)
Sec. 7-17. Any member or officer of the board, any officer of the
city or any other person holding any trust or employment under the board
or city who wilfully violates any of the provisions of Sections 7-8
through 7-16 shall be guilty of a business offense and may be fined not
exceeding $10,000 and forfeits his right to and shall be removed from
his office, trust or employment. Any such member, officer or person is
liable for the amount of any loss or damage suffered by the board
resulting from his violation of any of those Sections, to be recovered
by the board or by any taxpayer in the name and for the benefit of the
board, in a civil action. Any taxpayer bringing an action
under this Section must file a bond for all costs, and is liable for all
costs taxed against the board in that suit. This Section does not bar
any other remedy.
(Source: P.A. 95-1046, eff. 3-27-09.)
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(110 ILCS 805/7-18) (from Ch. 122, par. 107-18)
Sec. 7-18.
Tax for operation and maintenance of facilities and purchase of
grounds. For the purpose of establishing and supporting community
colleges in each year and defraying the expenses incident to this purpose;
for the purpose of building, acquiring, repairing and improving community
college buildings, or procuring community college lands, furniture,
fuel, libraries and apparatus, for building and architectural supplies,
for the purchase, maintenance, repair and replacement of fixtures
generally used in community college buildings, including but not limited
to heating and ventilating systems, mechanical equipment, seats and
desks, blackboards, window shades and curtains, gymnasium and recreation
apparatus and equipment, auditorium and lunchroom equipment,
and, if provided by resolution of the board, for the rental of buildings
and property for community college purposes, for the payment of premiums
for insurance upon buildings and building fixtures, for the payment of
salaries of janitors, engineers, other custodial and security employees,
for the costs of lights, gas, water, telephone service, custodial supplies
and equipment and the cost of a professional survey of the conditions of
school buildings, and all expenses incident to each of these purposes, the
board may
levy annually, upon all taxable property of the district, a tax for
operation and maintenance of facilities purposes
and the purchase of grounds at a rate for each year not to exceed .05%
of the value, as equalized or assessed by the Department of Revenue
for the year in which the levy is made; and may levy
annually, upon all taxable property of the district, for educational
purposes a tax for each year at a rate not to exceed .175% of the value,
as equalized or assessed by the Department of Revenue
for the year in which the levy is made. The taxes levied for
operations and maintenance
purposes and for educational purposes, respectively, may not exceed the
estimated amounts of taxes to be levied for that year for those purposes
as determined under Sections 7-8 through 7-17 and set forth in the
annual budget of the board: But when bonds are issued by the board as
authorized by Section 7-26 or Section 7-27, the rate of tax authorized
in this Section to be levied for operations and
maintenance of facilities purposes and the purchase of
grounds shall be reduced each year by the rate of tax necessary to be
levied for that year to pay the principal of and interest on all such
bonds when issued. Except sums expended or obligations incurred for
purposes described in any resolution and ordinance authorizing bonds
issued under Sections 7-25, 7-26 and 7-27, any sum expended or
obligations incurred for the purpose of building or acquiring community
colleges, for procuring land, furniture, fuel, libraries and apparatus,
for the improvement, repair or benefit of community college buildings
and property, for building and architectural supplies, for the purchase,
maintenance, repair and replacement of fixtures generally used in
community college buildings, including but not limited to heating and
ventilating systems, mechanical equipment, seats and desks, blackboards,
window shades and curtains, gymnasium and recreational apparatus and
equipment, auditorium and lunchroom equipment, and all expenses incident
to each of these purposes shall be paid from that portion of the tax
levied for operations and maintenance of facilities purposes.
Educational purposes and operations and maintenance of facilities purposes,
respectively, include expenses of administration incidental to each of
those purposes.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/7-18.1) (from Ch. 122, par. 107-18.1)
Sec. 7-18.1.
Supplemental budget and taxes.
When a supplemental budget has been adopted by the board under Section
7-13, the board may levy supplemental taxes which may not exceed the amount of
the
moneys appropriated in the supplemental budget nor the maximum rates of
taxes which the board is
authorized by law to levy for the current fiscal year for the respective
purposes. This Section shall be effective only until January 1, 1974.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/7-19) (from Ch. 122, par. 107-19)
Sec. 7-19.
Limit on expenditures.
The board may not add to the
expenditures for community
college purposes any amount above the total estimated receipts from the
State or Federal government, from the rental of lands or property, from
funds otherwise received, and from taxes levied for educational purposes
and for operations and maintenance of facilities purposes. The
city is not liable for the board's expenditures which exceed those total
estimated receipts. The board is authorized to levy all taxes as provided for
in this Article.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/7-20) (from Ch. 122, par. 107-20)
Sec. 7-20.
In ascertaining the rate per cent that will produce the amount
of any tax levied under Section 7-18 the county clerk may not add any
amount to cover any loss or cost of collecting the tax.
(Source: Laws 1967, p. 9.)
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(110 ILCS 805/7-21) (from Ch. 122, par. 107-21)
Sec. 7-21.
Tax anticipation warrants.
When there is not sufficient
money in the treasury to meet
the ordinary and necessary expenses for educational purposes and for
operations and maintenance of facilities purposes, the board may order issued
warrants against and in anticipation
of any taxes levied for the payment of the expenditures for educational
purposes and for operations and maintenance of facilities purposes, to the
extent of 85% of the total amount of the taxes levied for those purposes.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/7-22) (from Ch. 122, par. 107-22)
Sec. 7-22.
Warrants drawn and issued under Section 7-21 shall be numbered
consecutively in the order of their issuance and shall show upon their face
that they are payable solely from the taxes when collected, and not
otherwise, and that payment thereof will be made in the order of their
issuance, beginning with the warrant having the lowest number, and shall be
received by any collector of taxes in payment of taxes against which they
are issued. The warrants shall be signed by the chairman and secretary of
the board. The taxes against which the warrants are drawn shall be set
apart and held for their payment, as herein provided. The warrants shall
bear interest, payable out of the taxes against which they are drawn, at
the rate of not to exceed 6% per annum, from the date of their issuance
until paid, or until notice is given by publication in a newspaper or
otherwise that the money for their payment is available and that they will
be paid on presentation.
(Source: P.A. 76-1505.)
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(110 ILCS 805/7-23) (from Ch. 122, par. 107-23)
Sec. 7-23.
The chairman of the board, with the approval of the board, may
designate one or more persons to have authority, when so directed by the
chairman to affix the signature of the chairman to any warrant,
certificate, contract or any other written instrument, which by law is
required to be signed by the chairman of the board. When the signature of
the chairman of the board is so affixed to a written instrument, it is as
binding upon the board as if signed personally by its chairman. Whenever
the chairman of the board desires to designate a person to affix the
signature of the chairman to any warrant, certificate, contract or any
other written instrument, he shall send a written notice to the board
containing the name of the person he has selected and a designation of the
instruments that person shall have authority to sign. Attached to the
notice shall be the written signature of the chairman of the board,
executed by the person so designated, with the signature of the person so
designated underneath. The notice shall be filed with the secretary,
presented at the next meeting of the board for its approval and entered in
the proceedings of that meeting.
(Source: P.A. 76-1505.)
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(110 ILCS 805/7-23.1) (from Ch. 122, par. 107-23.1)
Sec. 7-23.1. Contracts. The board shall let all contracts (other than those excepted by Section
3-27.1 of this Act) for supplies, materials or work involving an
expenditure in excess of $25,000 or a lower amount as required by board policy by competitive bidding as
provided in
Section 3-27.1 of this Act.
(Source: P.A. 95-990, eff. 10-3-08.)
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(110 ILCS 805/7-24) (from Ch. 122, par. 107-24)
Sec. 7-24.
The board shall yearly, and may as often as necessary, appoint
certified public accountants to examine the business methods and audit the
accounts of the board, and to submit a report of that examination and
audit, together with any of their recommendations as to changes in business
methods of the board or any of its departments, officers or employees. That
report shall be made to the mayor, the city council, and the board and be
filed in the records of the board. The board shall prepare,
publish and
transmit to the mayor and the city council an annual report including in
detail all receipts and expenditures, specifying the source of the receipts
and the objects of the expenditures.
(Source: P.A. 83-343.)
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(110 ILCS 805/7-25) (from Ch. 122, par. 107-25)
Sec. 7-25. Issuance of bonds; terms and sale. The board may incur an
indebtedness and issue bonds for the purpose of
erecting, purchasing or otherwise acquiring buildings suitable for
community college use, transferring funds to the Capital Development Board for community college building purposes, erecting temporary
community college structures, erecting additions to, repairing,
rehabilitating and replacing existing community college buildings and
temporary community college structures, furnishing and equipping
community college buildings and temporary community college structures,
and purchasing or otherwise acquiring and improving sites for such
purposes.
The bonds may not be issued until the proposition of authorizing such
bonds has been certified to the proper election officials, who shall have
submitted it to the electors of the city at a regular scheduled
election in accordance with the general election law, and approved by a
majority of the electors voting upon that question.
The board shall adopt a resolution providing for certifying that
proposition for such an election. In addition to the
requirements of the general election law the notice
of the referendum must contain the amount of the bond issue,
maximum rate of interest and purpose for which issued. This notice shall
be published in accordance with the general election law.
The proposition shall be in substantially the following form:
Shall bonds in the amount of$............ be issued by theBoard of Community College District YESNo....., County of.... and State ofIllinois for the purpose of (Hereprint the purpose of the public measure) bearing interest at therate of not to exceed the maximumrate authorized by the Bond NOAuthorization Act, as amended at thetime of the making of the contract?
Whenever the board desires to issue bonds as herein authorized, it
shall adopt a resolution designating the purpose for which the proceeds
of the bonds are to be expended and fixing the amount of the bonds
proposed to be issued, the maturity thereof, and optional provisions, if
any, the rate of interest thereon, and the amount of taxes to be levied
annually for the purpose of paying the interest upon and the principal
of such bonds.
The bonds shall bear interest at the rate of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature within not to exceed
20 years from their date,
and may be made callable on any interest payment date at par and accrued
interest, after notice has been given, at the time and in the manner
provided in the bond resolution.
The bonds shall be issued in the corporate name of the community
college district, and they shall be signed by the chairman and secretary
of the community college board. The bonds shall also be registered,
numbered and countersigned by the treasurer who receives the taxes of
the district. The registration shall be in a book in which shall be
entered the record of the election authorizing the board to borrow money
and a description of the bonds issued, including the number, date, to
whom issued, amount, rate of interest and when due.
The bonds shall be sold by the board upon such terms as are approved
by the board after advertisement for bids, and the proceeds thereof
shall be received by the community college treasurer, and expended by
the board for the purposes provided in the bond resolution.
The community college treasurer shall, before receiving any of such
money, execute a surety bond conditioned upon the faithful discharge of
his duties with a surety company authorized to do business in this
State, which surety bond shall be approved by the community college
board and filed as otherwise required under this Act for the treasurer's
bond. The penalty of the surety bond shall be in the amount of such bond
issue. The surety bond shall be in substantially the same form as the
bond otherwise required under this Act for the treasurer and when so
given shall fully describe the bond issue which it specifically covers
and shall remain in force until the funds of the bond issue are fully
disbursed in accordance with the law.
Before or at the time of issuing any bonds herein authorized, the board
shall by resolution provide for the levy and collection
of a direct
annual tax upon all the taxable property of such community college
district sufficient to pay and discharge the principal thereof at
maturity and to pay the interest thereon as it falls due. Such tax shall
be levied and collected in like manner with the other taxes of the
community college district and shall be in addition to and exclusive of
the maximum of all other taxes which the board is authorized by law to levy for community college purposes.
Upon the filing in the office of the county clerk of the county wherein
such community college district is located of a certified copy of any
such ordinance, the county clerk shall extend the tax therein provided
for, including an amount to cover loss and cost of collecting such taxes
and also deferred collections thereof and abatements in the amounts of
such taxes as extended upon the collector's books. The ordinance shall
be in force upon its passage.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/7-26) (from Ch. 122, par. 107-26)
Sec. 7-26. Issuance of bonds not exceeding $15,000,000 aggregate. The
board
may incur an indebtedness and issue bonds therefor in an amount or amounts
not to exceed in the aggregate $15,000,000 for the purpose of erecting,
purchasing, or otherwise acquiring buildings suitable for community college
use, transferring funds to the Capital Development Board for community
college building purposes, erecting temporary community college structures,
erecting additions to, repairing, rehabilitating, and replacing existing
community college buildings and temporary community college structures,
furnishing and equipping community college buildings and temporary
community college structures, and purchasing or otherwise acquiring and
improving sites for such purposes. The bonds may be issued without
submitting the question of issuance thereof to the voters of the community
college district for approval.
Whenever the board desires to issue bonds as herein authorized, it shall
adopt a resolution designating the purpose for which the proceeds of the
bonds are to be expended and fixing the amount of the bonds proposed to be
issued, the schedule of the maturities thereof; and optional provisions, if
any, and the maximum rate of interest thereon and directing the sale upon
such terms as are determined by the board.
The secretary of the board shall cause such sale to be advertised by
publication of a notice of sale once, as a legal notice in a newspaper
having general circulation in the district, and once in a financial journal
published in the City of New York, New York, or Chicago, Illinois. Such
notice of sale shall be published not less than 7 nor more than 21 days
prior to the date set for the sale of the bonds being advertised. The
notice of sale shall state that sealed bids will be received by the board
for its bonds and shall include: the amount, date, maturity or maturities
of such bonds; the date, time and place of receipt of bids; the maximum
permissible interest rate; the basis upon which the bonds will be awarded;
call provisions, if any; and such other information as the board may deem
pertinent.
After the bonds have been awarded to the successful bidder, the board
shall adopt a resolution confirming the sale of said bonds to the
successful bidder, setting forth the terms of sale, designating the place
of payment for the principal and interest, prescribing the form of bond and
determining the amount of taxes to be levied annually for each of the years
in which said bonds are outstanding for the purpose of paying the interest
on and the principal of such bonds.
The bonds shall be issued in the corporate name of the community college
district, and they shall be signed by the chairman and secretary of the
community college board. The bonds shall bear interest at a rate of not
more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature within 20 years from the date of
issuance, and may be made callable on any interest payment date at par and
accrued interest, after notice has been given, at the time and in the
manner provided in the bond resolution. The proceeds of sale of said bonds
shall be received by the community college treasurer, and expended by the
board for the purpose provided in the bond resolution.
The community college treasurer shall, before receiving any of such
money, execute a surety bond with a surety company authorized to do
business in this State conditioned upon the faithful discharge of his
duties. That surety bond must pass approval by the community college board
and, upon such approval, shall be filed as otherwise required under this
Act for the treasurer's bond. The penalty of the surety bond shall be in
the amount of such bond issue. The surety bond shall be in substantially
the same form as the bond otherwise required under this Act for the
treasurer and when so given shall fully describe the bond issue which it
specifically covers and shall remain in force until the funds of the bond
issue are fully disbursed in accordance with the law.
Before or at the time of issuing any bonds herein authorized, the city
council, upon the demand and under the direction of the board shall, by
ordinance, provide for the levy and collection of a direct annual tax upon
all the taxable property within the community college district sufficient
to pay and discharge the principal thereof at maturity and to pay the
interest thereon as it falls due. Such tax shall be levied and collected in
like manner with the other taxes of the community college district and
shall be in addition to and exclusive of the maximum of all other taxes
which the board is
authorized by law to
levy for community college purposes. Upon the filing in the office of the
county clerk of each county wherein such community college district is
located of a certified copy of any such ordinance, the county clerk shall
extend the tax therein provided for, including an amount to cover loss and
cost of collecting such taxes and also deferred collections thereof and
abatements in the amounts of such taxes as extended upon the collector's
books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 100-884, eff. 1-1-19.)
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(110 ILCS 805/7-27) (from Ch. 122, par. 107-27)
Sec. 7-27.
Issuance of bonds not exceeding $20,000,000 aggregate.
The
board
may incur an indebtedness and issue bonds therefor in an amount or amounts
not to exceed in the aggregate $20,000,000 for the purpose of erecting,
purchasing, or otherwise acquiring buildings suitable for community college
use, transferring funds to the Capital Development Board for community
college building purposes, erecting temporary community college structures,
erecting additions to, repairing, rehabilitating, and replacing existing
community college buildings and temporary community college structures,
furnishing and equipping community college buildings and temporary
community college structures, and purchasing or otherwise acquiring and
improving sites for such purposes. The bonds may be issued without
submitting the question of issuance thereof to the voters of the community
college district for approval.
Whenever the board desires to issue bonds as herein authorized, it shall
adopt a resolution designating the purpose for which the proceeds of the
bonds are to be expended and fixing the amount of the bonds proposed to be
issued, the schedule of the maturities thereof, and optional provisions, if
any, and the maximum rate of interest thereon and directing the sale upon
such terms as are determined by the board.
The secretary of the board shall cause such sale to be advertised by
publication of a notice of sale once, as a legal notice in a newspaper
having general circulation in the district, and once in a financial journal
published in the City of New York, New York, or Chicago, Illinois. Such
notice of sale shall be published not less than 7 nor more than 21 days
prior to the date set for the sale of the bonds being advertised. The
notice of sale shall state that sealed bids will be received by the board
for its bonds and shall include: the amount, date, maturity or maturities
of such bonds; the date, time and place of receipt of bids; the maximum
permissible interest rate; the basis upon which the bonds will be awarded;
call provisions, if any; and such other information as the board may deem
pertinent.
After the bonds have been awarded to the successful bidder, the board
shall adopt a resolution confirming the sale of the bonds to the successful
bidder setting forth the terms of sale, designating the place of payment
for the principal and interest, prescribing the form of bond and
determining the amount of taxes to be levied annually for each of the years
in which said bonds are outstanding for the purpose of paying the interest
on and the principal of such bonds.
The bonds shall be issued in the corporate name of the community college
district, and shall be signed by such officers of the district as may be
designated in the bond resolution. The bonds shall bear interest at a rate
of not more than
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and shall mature not more than 20 years from
the date of issuance, and may be made callable on any interest payment date
at par and accrued interest, after notice has been given, at the time and
in the manner provided in the bond resolution. The proceeds of sale of said
bonds shall be received by the community college treasurer, and expended by
the board for the purpose provided in the bond resolution.
The community college treasurer shall, before receiving any of such
money, execute a surety bond with a surety company authorized to do
business in this State conditioned upon the faithful discharge of his
duties. That surety bond must be approved by the community college board
and, upon such approval, shall be filed as otherwise required under this
Act for the treasurer's bond. The penalty of the surety bond shall be in
the amount of such bond issue. The surety bond shall be in substantially
the same form as the bond otherwise required under this Act for the
treasurer and when so given shall fully describe the bond issue which it
specifically covers and shall remain in force until the funds of the bond
issue are fully disbursed in accordance with law.
Before or at the time of issuing any bonds herein authorized, the board shall by
resolution provide for the levy and collection of a direct
annual tax upon
all the taxable property within the community college district sufficient
to pay and discharge the principal thereof at maturity and to pay the
interest thereon as it falls due. Such tax shall be levied and collected in
like manner with the other taxes of the community college district and
shall be in addition to and exclusive of the maximum of all other taxes that
the board is authorized by
law to levy
for community college purposes. Upon the filing of a certified copy of any
such ordinance in the office of the county clerk of each county wherein
such community college district is located, the county clerk shall extend
the tax therein provided for, including an amount to cover loss and cost of
collecting such taxes and also deferred collections thereof and abatements
in the amounts of such taxes as extended upon the collector's books.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 89-281, eff. 8-10-95.)
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(110 ILCS 805/Art. VIII heading) ARTICLE VIII
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(110 ILCS 805/8-1) (from Ch. 122, par. 108-1)
Sec. 8-1.
All acts and proceedings relating to the organization, maintenance and
operation of a junior college which have been performed before February 16,
1967 by a common school board, by a junior college board or by a city
council in a city having over 500,000 inhabitants and which could have been
performed in any community college district are hereby validated. Any acts
and proceedings which have been initiated or performed by a board governing
a junior college in existence before February 16, 1967, shall be deemed to
be in accordance with, and in compliance with, the requirements of this
Act, as amended.
(Source: P.A. 78-669.)
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(110 ILCS 805/8-2) (from Ch. 122, par. 108-2)
Sec. 8-2.
The Sections, clauses, sentences and parts of this Act are severable,
are not matters of mutual essential inducement, and any of them may be
excised by any court of competent jurisdiction if this Act would otherwise
be unconstitutional or ineffective. It is the intention of this Act to
confer upon community college districts the whole or any part of the powers
in this Act provided for, and if any one or more Sections, clauses,
sentences and parts of this Act shall for any reason be questioned in any
court of competent jurisdiction and shall be adjudged unconstitutional or
invalid, such judgment shall not affect, impair or invalidate the remaining
provisions thereof, but shall be confined in its operation to the specific
provision or provisions so held unconstitutional or invalid, and the
inapplicability or invalidity of any Section, clause, sentence or part of
this Act in any one or more instances shall not be taken to affect or
prejudice its applicability or validity in any other instance.
(Source: P.A. 78-669.)
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