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91_HB3958
LRB9112629LDpk
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 (d) 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 (d) 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
7 a plan that addresses the budgetary, programmatic, and
8 other relevant factors contributing to the need to
9 implement emergency measures. The State Board shall
10 assist in the development and shall have final approval
11 of the plan.
12 (2) To direct the district to contract for
13 educational services in accordance with Section 3-40.
14 The State Board shall assist in the development and shall
15 have final approval of any such contractual agreements.
16 (3) To approve and require revisions of the
17 district's budget.
18 (4) To appoint a Financial Administrator to
19 exercise oversight and control over the district's
20 budget. The Financial Administrator shall serve at the
21 pleasure of the State Board and may be an individual,
22 partnership, corporation, including an accounting firm,
23 or other entity determined by the State Board to be
24 qualified to serve, and shall be entitled to
25 compensation. Such compensation shall be provided
26 through specific appropriations made to the State Board
27 for that express purpose.
28 (5) To develop and implement a plan providing for
29 the dissolution or reorganization of the district if in
30 the judgement of the State Board the circumstances so
31 require and the requirements of subsection (c) of this
32 Section are met.
33 (c) Before the State Board may implement a plan for the
34 dissolution of a district, the question of whether or not the
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1 district should be dissolved must be submitted to the voters
2 of that district at a regular scheduled election. The State
3 Board shall certify the proposition to the proper election
4 authorities for submission in accordance with the general
5 election law. The proposition shall be in substantially the
6 following form:
7 FOR the dissolution of (name of community college
8 district).
9 AGAINST the dissolution of (name of community
10 college district).
11 If a majority of the votes cast upon the proposition is
12 in favor of dissolving the district, the State Board may
13 implement its plan for the dissolution of the district.
14 (d) Notwithstanding any other provisions of this Section
15 or any other Section of this Act, the State Board shall have
16 no authority to exercise or implement, in or with respect to
17 Metropolitan Community College District No. 541 established
18 under Section 2-12.1, any of the powers described in
19 paragraphs (2), (3), and (5) of subsection (b) of this
20 Section 2-15, except as otherwise provided under this
21 amendatory Act of the 91st General Assembly. Any order or
22 other action taken by the State Board before the effective
23 date of this amendatory Act of the 91st General Assembly that
24 dissolves or purports to dissolve the community college
25 district established under Section 2-12.1 or that provides
26 for the development, approval, or implementation of a plan
27 under which community college operations, programs, and
28 services within the territory comprising that community
29 college district are to be provided pursuant to contractual
30 arrangements between the State Board and entities or
31 subcontractors of entities other than the board of trustees
32 of the community college district established under Section
33 2-12.1 shall be null and void and of no legal force or
34 effect. Notwithstanding any other law of this State, the
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1 community college district established under Section 2-12.1
2 shall not be dissolved or annexed to another community
3 college district or otherwise reorganized except pursuant to
4 this amendatory Act of the 91st General Assembly.
5 (e) There is hereby created the Metropolitan Community
6 College Task Force, which shall consist of 9 members, 2 each
7 appointed by the President and Minority Leader of the Senate
8 and the Speaker and Minority Leader of the House of
9 Representatives and one appointed by the Governor. The
10 person appointed by the Governor shall be a public member and
11 shall serve as chairperson of the Task Force. All other
12 appointees shall be members of the General Assembly. Members
13 of the Task Force shall serve without compensation but shall
14 be reimbursed for their reasonable and necessary expenses
15 from funds appropriated for that purpose. The Task Force
16 shall meet as often as necessary to study and define the
17 issues that must be effectively addressed to ensure the
18 continued existence of Metropolitan Community College
19 District No. 541 and the action that must be taken to enable
20 that district to provide a high level of community college
21 services to residents of the district. The Task Force shall
22 report its findings and recommendations to the General
23 Assembly by February 15, 2001, and is abolished on that date.
24 (Source: P.A. 89-147, eff. 7-14-95.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.