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92_HB2513 LRB9205050LDpr 1 AN ACT in relation to community colleges. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Community College Act is amended 5 by changing Section 2-15 as follows: 6 (110 ILCS 805/2-15) (from Ch. 122, par. 102-15) 7 Sec. 2-15. Recognition. 8 (a) The State Board shall grant recognition to community 9 colleges which maintain equipment, courses of study, 10 standards of scholarship and other requirements set by the 11 State Board. Application for recognition shall be made to the 12 State Board. The State Board shall set the criteria by which 13 the community colleges shall be judged and through the 14 executive officer of the State Board shall arrange for an 15 official evaluation of the community colleges and shall grant 16 recognition of such community colleges as may meet the 17 required standards. 18 (b) Subject to the limitations of subsection (d) of this 19 Section, if a community college district fails to meet the 20 recognition standards set by the State Board, and if the 21 district, in accordance with: (i)
(a)Government Auditing 22 Standards issued by the Comptroller General of the United 23 States, (ii) (b)auditing standards established by the 24 American Institute of Certified Public Accountants, or (iii) 25 (c)other applicable State and federal standards, is found by 26 the district's auditor or the State Board working in 27 cooperation with the district's auditor to have material 28 deficiencies in the design or operation of financial control 29 structures that could adversely affect the district's 30 financial integrity and stability, or is found to have 31 misused State or federal funds and jeopardized its -2- LRB9205050LDpr 1 participation in State or federal programs, the State Board 2 may, subject to the limitations of subsection (d) of this 3 Section but notwithstanding any other laws to the contrary, 4 implement one or more of the following emergency powers: 5 (1) To direct the district to develop and implement 6 a plan that addresses the budgetary, programmatic, and 7 other relevant factors contributing to the need to 8 implement emergency measures. The State Board shall 9 assist in the development and shall have final approval 10 of the plan. 11 (2) To direct the district to contract for 12 educational services in accordance with Section 3-40. 13 The State Board shall assist in the development and shall 14 have final approval of any such contractual agreements. 15 (3) To approve and require revisions of the 16 district's budget. 17 (4) To appoint a Financial Administrator to 18 exercise oversight and control over the district's 19 budget. The Financial Administrator shall serve at the 20 pleasure of the State Board and may be an individual, 21 partnership, corporation, including an accounting firm, 22 or other entity determined by the State Board to be 23 qualified to serve, and shall be entitled to 24 compensation. Such compensation shall be provided 25 through specific appropriations made to the State Board 26 for that express purpose. 27 (5) To develop and implement a plan providing for 28 the dissolution or reorganization of the district if in 29 the judgement of the State Board the circumstances so 30 require and the requirements of subsection (c) of this 31 Section are met. 32 (c) Before the State Board may implement a plan for the 33 dissolution of a district, the question of whether or not the 34 district should be dissolved must be submitted to the voters -3- LRB9205050LDpr 1 of that district at a regular scheduled election. The State 2 Board shall certify the proposition to the proper election 3 authorities for submission in accordance with the general 4 election law. The proposition shall be in substantially the 5 following form: 6 FOR the dissolution of (name of community college 7 district). 8 AGAINST the dissolution of (name of community 9 college district). 10 If a majority of the votes cast upon the proposition is 11 in favor of dissolving the district, the State Board may 12 implement its plan for the dissolution of the district. 13 (d) Notwithstanding any other provisions of this Section 14 or any other Section of this Act, the State Board shall have 15 no authority to exercise or implement, in or with respect to 16 Metropolitan Community College District No. 541 established 17 under Section 2-12.1, any of the powers described in 18 paragraphs (2), (3), and (5) of subsection (b) of this 19 Section 2-15, except as otherwise provided under this 20 amendatory Act of the 92nd General Assembly. Any order or 21 other action taken by the State Board before the effective 22 date of this amendatory Act of the 92nd General Assembly that 23 dissolves or purports to dissolve the community college 24 district established under Section 2-12.1 or that provides 25 for the development, approval, or implementation of a plan 26 under which community college operations, programs, and 27 services within the territory comprising that community 28 college district are to be provided pursuant to contractual 29 arrangements between the State Board and entities or 30 subcontractors of entities other than the board of trustees 31 of the community college district established under Section 32 2-12.1 shall be null and void and of no legal force or 33 effect. Notwithstanding any other law of this State, the 34 community college district established under Section 2-12.1 -4- LRB9205050LDpr 1 shall not be dissolved or annexed to another community 2 college district or otherwise reorganized except pursuant to 3 this amendatory Act of the 92nd General Assembly. 4 (e) There is hereby created the Metropolitan Community 5 College Task Force, which shall consist of 9 members, 2 each 6 appointed by the President and Minority Leader of the Senate 7 and the Speaker and Minority Leader of the House of 8 Representatives and one appointed by the Governor. The 9 person appointed by the Governor shall be a public member and 10 shall serve as chairperson of the Task Force. All other 11 appointees shall be members of the General Assembly. Members 12 of the Task Force shall serve without compensation but shall 13 be reimbursed for their reasonable and necessary expenses 14 from funds appropriated for that purpose. The Task Force 15 shall meet as often as necessary to study and define the 16 issues that must be effectively addressed to ensure the 17 continued existence of Metropolitan Community College 18 District No. 541 and the action that must be taken to enable 19 that district to provide a high level of community college 20 services to residents of the district. The Task Force shall 21 report its findings and recommendations to the General 22 Assembly by February 15, 2002, and is abolished on that date. 23 (Source: P.A. 89-147, eff. 7-14-95.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.
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