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90_HB3909
110 ILCS 805/2-15 from Ch. 122, par. 102-15
Amends the Public Community College Act to limit the
emergency powers of the Illinois Community College Board with
respect to Metropolitan Community College District No. 541.
Provides that any action by the State Board purporting to
dissolve the district and provide for community college
services within the territory comprising the district to be
furnished pursuant to contractual arrangements between the
State Board and outside entities is null and void. Prohibits
dissolution of the district except under a law or laws
enacted after the amendatory Act's effective date. Creates
the Metropolitan Community College Task Force to study the
issues that must be addressed to ensure the district's
continued existence. Requires the Task Force to report its
findings to the General Assembly by February 15, 1999, and
abolishes the Task Force on that date. Effective
immediately.
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1 AN ACT to amend the Public Community College Act by
2 changing Section 2-15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Community College Act is amended
6 by changing Section 2-15 as follows:
7 (110 ILCS 805/2-15) (from Ch. 122, par. 102-15)
8 Sec. 2-15. Recognition.
9 (a) The State Board shall grant recognition to community
10 colleges which maintain equipment, courses of study,
11 standards of scholarship and other requirements set by the
12 State Board. Application for recognition shall be made to the
13 State Board. The State Board shall set the criteria by which
14 the community colleges shall be judged and through the
15 executive officer of the State Board shall arrange for an
16 official evaluation of the community colleges and shall grant
17 recognition of such community colleges as may meet the
18 required standards.
19 (b) Subject to the limitations of subsection (c) of this
20 Section, if a community college district fails to meet the
21 recognition standards set by the State Board, and if the
22 district, in accordance with: (i) (a) Government Auditing
23 Standards issued by the Comptroller General of the United
24 States, (ii) (b) auditing standards established by the
25 American Institute of Certified Public Accountants, or (iii)
26 (c) other applicable State and federal standards, is found by
27 the district's auditor or the State Board working in
28 cooperation with the district's auditor to have material
29 deficiencies in the design or operation of financial control
30 structures that could adversely affect the district's
31 financial integrity and stability, or is found to have
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1 misused State or federal funds and jeopardized its
2 participation in State or federal programs, the State Board
3 may, subject to the limitations of subsection (c) of this
4 Section but notwithstanding any other laws to the contrary,
5 implement one or more of the following emergency powers:
6 (1) To direct the district to develop and implement a
7 plan that addresses the budgetary, programmatic, and other
8 relevant factors contributing to the need to implement
9 emergency measures. The State Board shall assist in the
10 development and shall have final approval of the plan.
11 (2) To direct the district to contract for educational
12 services in accordance with Section 3-40. The State Board
13 shall assist in the development and shall have final approval
14 of any such contractual agreements.
15 (3) To approve and require revisions of the district's
16 budget.
17 (4) To appoint a Financial Administrator to exercise
18 oversight and control over the district's budget. The
19 Financial Administrator shall serve at the pleasure of the
20 State Board and may be an individual, partnership,
21 corporation, including an accounting firm, or other entity
22 determined by the State Board to be qualified to serve, and
23 shall be entitled to compensation. Such compensation shall
24 be provided through specific appropriations made to the State
25 Board for that express purpose.
26 (5) To develop and implement a plan providing for the
27 dissolution or reorganization of the district if in the
28 judgement of the State Board the circumstances so require.
29 (c) Notwithstanding any other provisions of this Section
30 or any other Section of this Act, the State Board shall have
31 no authority to exercise or implement, in or with respect to
32 Metropolitan Community College District No. 541 established
33 under Section 2-12.1, any of the powers described in
34 paragraphs (2), (3), and (5) of subsection (b) of this
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1 Section 2-15. Any order or other action taken by the State
2 Board before or after the effective date of this amendatory
3 Act of 1998 that dissolves or purports to dissolve the
4 community college district established under Section 2-12.1
5 or that provides for the development, approval, or
6 implementation of a plan under which community college
7 operations, programs, and services within the territory
8 comprising that community college district are to be provided
9 pursuant to contractual arrangements between the State Board
10 and entities or subcontractors of entities other than the
11 board of trustees of the community college district
12 established under Section 2-12.1 shall be null and void and
13 of no legal force or effect. Notwithstanding any other law
14 of this State, the community college district established
15 under Section 2-12.1 shall not be dissolved or annexed to
16 another community college district or otherwise reorganized
17 except pursuant to a law or laws of the General Assembly
18 enacted after the effective date of this amendatory Act of
19 1998.
20 (d) There is hereby created the Metropolitan Community
21 College Task Force, which shall consist of 9 members, 2 each
22 appointed by the President and Minority Leader of the Senate
23 and the Speaker and Minority Leader of the House of
24 Representatives and one appointed by the Governor. The
25 person appointed by the Governor shall be a public member and
26 shall serve as chairperson of the Task Force. All other
27 appointees shall be members of the General Assembly. Members
28 of the Task Force shall serve without compensation but shall
29 be reimbursed for their reasonable and necessary expenses
30 from funds appropriated for that purpose. The Task Force
31 shall meet as often as necessary to study and define the
32 issues that must be effectively addressed to ensure the
33 continued existence of Metropolitan Community College
34 District No. 541 and the action that must be taken to enable
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1 that district to provide a high level of community college
2 services to residents of the district. The Task Force shall
3 report its findings and recommendations to the General
4 Assembly by February 15, 1999, and is abolished on that date.
5 (Source: P.A. 89-147, eff. 7-14-95.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.