Illinois General Assembly - Full Text of HB6009
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Full Text of HB6009  99th General Assembly


Rep. Chad Hays

Filed: 4/6/2016





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2    AMENDMENT NO. ______. Amend House Bill 6009 by replacing
3everything after the enacting clause with the following:
4    "(30 ILCS 105/5.528 rep.)
5    Section 5. The State Finance Act is amended by repealing
6Section 5.528.
7    Section 10. The Board of Higher Education Act is amended by
8changing Sections 6 and 8 as follows:
9    (110 ILCS 205/6)  (from Ch. 144, par. 186)
10    Sec. 6. The Board, in cooperation with the Illinois
11Community College Board, shall analyze the present and future
12aims, needs and requirements of higher education in the State
13of Illinois and prepare a master plan for the development,
14expansion, integration, coordination and efficient utilization
15of the facilities, curricula and standards of higher education



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1for the public institutions of higher education in the areas of
2teaching, research and public service. The master plan shall
3also include higher education affordability and accessibility
4measures. The Board, in cooperation with the Illinois Community
5College Board, shall formulate the master plan and prepare and
6submit to the General Assembly and the Governor drafts of
7proposed legislation to effectuate the plan. The Board, in
8cooperation with the Illinois Community College Board, shall
9engage in a continuing study, an analysis, and an evaluation of
10the master plan so developed, and it shall be its
11responsibility to recommend, from time to time as it
12determines, amendments and modifications of any master plan
13enacted by the General Assembly.
14(Source: P.A. 96-319, eff. 1-1-10.)
15    (110 ILCS 205/8)  (from Ch. 144, par. 188)
16    Sec. 8. The Board of Trustees of the University of
17Illinois, the Board of Trustees of Southern Illinois
18University, the Board of Trustees of Chicago State University,
19the Board of Trustees of Eastern Illinois University, the Board
20of Trustees of Governors State University, the Board of
21Trustees of Illinois State University, the Board of Trustees of
22Northeastern Illinois University, the Board of Trustees of
23Northern Illinois University, the Board of Trustees of Western
24Illinois University, and the Illinois Community College Board
25shall submit to the Board not later than the 15th day of



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1November of each year its budget proposals for the operation
2and capital needs of the institutions under its governance or
3supervision for the ensuing fiscal year. Each budget proposal
4shall conform to the procedures developed by the Board in the
5design of an information system for State universities and
7    In order to maintain a cohesive system of higher education,
8the Board and its staff shall communicate on a regular basis
9with all public university presidents. They shall meet at least
10semiannually to achieve economies of scale where possible and
11provide the most innovative and efficient programs and
13    The Board, in the analysis of formulating the annual budget
14request, shall consider rates of tuition and fees and
15undergraduate tuition and fee waiver programs at the State
16state universities and colleges. The Board shall also consider
17the current and projected utilization of the total physical
18plant of each campus of a university or college in approving
19the capital budget for any new building or facility.
20    The Board of Higher Education shall submit to the Governor,
21to the General Assembly, and to the appropriate budget agencies
22of the Governor and General Assembly its analysis and
23recommendations on such budget proposals.
24    The Board is directed to form a broad-based group of
25individuals representing the Office of the Governor, the
26General Assembly, public institutions of higher education,



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1State agencies, business and industry, statewide Statewide
2organizations representing faculty and staff, and others as the
3Board shall deem appropriate to devise a system for allocating
4State resources to public institutions of higher education
5based upon performance in achieving State goals related to
6student success and certificate and degree completion.
7    Beginning in Fiscal Year 2013, the Board of Higher
8Education budget recommendations to the Governor and the
9General Assembly shall include allocations to public
10institutions of higher education based upon performance
11metrics designed to promote and measure student success in
12degree and certificate completion. Public university These
13metrics must be adopted by the Board by rule, and public
14community college metrics must be adopted by the Illinois
15Community College Board by rule. These metrics must be
16developed and promulgated in accordance with the following
18        (1) The metrics must be developed in consultation with
19    public institutions of higher education, as well as other
20    State educational agencies and other higher education
21    organizations, associations, interests, and stakeholders
22    as deemed appropriate by the Board.
23        (2) The metrics shall include provisions for
24    recognizing the demands on and rewarding the performance of
25    institutions in advancing the success of students who are
26    academically or financially at risk, including



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1    first-generation students, low-income students, and
2    students traditionally underrepresented in higher
3    education, as specified in Section 9.16 of this Act.
4        (3) The metrics shall recognize and account for the
5    differentiated missions of institutions and sectors of
6    higher education.
7        (4) The metrics shall focus on the fundamental goal of
8    increasing completion of college courses, certificates,
9    and degrees. Performance metrics shall recognize the
10    unique and broad mission of public community colleges
11    through consideration of additional factors including, but
12    not limited to, enrollment, progress through key academic
13    milestones, transfer to a baccalaureate institution, and
14    degree completion.
15        (5) The metrics must be designed to maintain the
16    quality of degrees, certificates, courses, and programs.
17In devising performance metrics, the Board may be guided by the
18report of the Higher Education Finance Study Commission.
19    Each State university state supported institution within
20the application of this Act must submit its plan for capital
21improvements of non-instructional facilities to the Board for
22approval before final commitments are made if the total cost of
23the project as approved by the institution's board of control
24is in excess of $2 million. Non-instructional uses shall
25include but not be limited to dormitories, union buildings,
26field houses, stadium, other recreational facilities and



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1parking lots. The Board shall determine whether or not any
2project submitted for approval is consistent with the master
3plan for higher education and with instructional buildings that
4are provided for therein. If the project is found by a majority
5of the Board not to be consistent, such capital improvement
6shall not be constructed.
7(Source: P.A. 97-290, eff. 8-10-11; 97-320, eff. 1-1-12;
897-610, eff. 1-1-12; 97-813, eff. 7-13-12.)
9    (110 ILCS 205/6.2 rep.)
10    Section 15. The Board of Higher Education Act is amended by
11repealing Section 6.2.
12    Section 20. The Public Community College Act is amended by
13changing Sections 2-12, 3-2, 3-3, 3-20.3.01, 3-22.1, 3-29.8,
143-36, 3-37, 3-38, 3-40, and 5-11 as follows:
15    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
16    Sec. 2-12. The State Board shall have the power and it
17shall be its duty:
18    (a) To provide statewide planning for community colleges as
19institutions of higher education and co-ordinate the programs,
20services and activities of all community colleges in the State
21so as to encourage and establish a system of locally initiated
22and administered comprehensive community colleges.
23    (b) To organize and conduct feasibility surveys for new



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1community colleges or for the inclusion of existing
2institutions as community colleges and the locating of new
4    (c) (Blank). To approve all locally funded capital projects
5for which no State monies are required, in accordance with
6standards established by rule.
7    (d) To cooperate with the community colleges in continuing
8studies of student characteristics, admission standards,
9grading policies, performance of transfer students,
10qualification and certification of facilities and any other
11problem of community college education.
12    (e) To enter into contracts with other governmental
13agencies and eligible providers, such as local educational
14agencies, community-based organizations of demonstrated
15effectiveness, volunteer literacy organizations of
16demonstrated effectiveness, institutions of higher education,
17public and private nonprofit agencies, libraries, and public
18housing authorities; to accept federal funds and to plan with
19other State agencies when appropriate for the allocation of
20such federal funds for instructional programs and student
21services including such funds for adult education and adult
22literacy, vocational and technical education, and retraining
23as may be allocated by state and federal agencies for the aid
24of community colleges. To receive, receipt for, hold in trust,
25expend and administer, for all purposes of this Act, funds and
26other aid made available by the federal government or by other



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



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1research or public service as defined in Section 3-25.1 of this
2Act submitted by the boards of trustees of the respective
3community college districts of this State. The State Board may
4discontinue programs which fail to reflect the educational
5needs of the area being served. The community college district
6shall be granted 60 days following the State Board staff
7recommendation and prior to the State Board's action to respond
8to concerns regarding the program in question. If the State
9Board acts to abolish a community college program, the
10community college district has a right to appeal the decision
11in accordance with administrative rules promulgated by the
12State Board under the provisions of the Illinois Administrative
13Procedure Act.
14    (i) To participate in, to recommend approval or
15disapproval, and to assist in the coordination of the programs
16of community colleges participating in programs of
17interinstitutional cooperation with other public or nonpublic
18institutions of higher education. If the State Board does not
19approve a particular cooperative agreement, the community
20college district has a right to appeal the decision in
21accordance with administrative rules promulgated by the State
22Board under the provisions of the Illinois Administrative
23Procedure Act.
24    (j) To establish guidelines regarding sabbatical leaves.
25    (k) To establish guidelines for the admission into special,
26appropriate programs conducted or created by community



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1colleges for elementary and secondary school dropouts who have
2received truant status from the school districts of this State
3in compliance with Section 26-14 of The School Code.
4    (l) The Community College Board shall conduct a study of
5community college teacher education courses to determine how
6the community college system can increase its participation in
7the preparation of elementary and secondary teachers.
8    (m) (Blank). To establish by July 1, 1997 uniform financial
9accounting and reporting standards and principles for
10community colleges and develop procedures and systems for
11community colleges for reporting financial data to the State
13    (n) To create and participate in the conduct and operation
14of any corporation, joint venture, partnership, association,
15or other organizational entity that has the power: (i) to
16acquire land, buildings, and other capital equipment for the
17use and benefit of the community colleges or their students;
18(ii) to accept gifts and make grants for the use and benefit of
19the community colleges or their students; (iii) to aid in the
20instruction and education of students of community colleges;
21and (iv) to promote activities to acquaint members of the
22community with the facilities of the various community
24    (o) On and after July 1, 2001, to ensure the effective
25teaching of adults and to prepare them for success in
26employment and lifelong learning by administering a network of



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1providers, programs, and services to provide adult basic
2education, adult secondary and high school equivalency testing
3education, English as a second language, and any other
4instruction designed to prepare adult students to function
5successfully in society and to experience success in
6postsecondary education and the world of work.
7    (p) On and after July 1, 2001, to supervise the
8administration of adult education and adult literacy programs,
9to establish the standards for such courses of instruction and
10supervise the administration thereof, to contract with other
11State and local agencies and eligible providers, such as local
12educational agencies, community-based organizations of
13demonstrated effectiveness, volunteer literacy organizations
14of demonstrated effectiveness, institutions of higher
15education, public and private nonprofit agencies, libraries,
16and public housing authorities, for the purpose of promoting
17and establishing classes for instruction under these programs,
18to contract with other State and local agencies to accept and
19expend appropriations for educational purposes to reimburse
20local eligible providers for the cost of these programs, and to
21establish an advisory council consisting of all categories of
22eligible providers; agency partners, such as the State Board of
23Education, the Department of Human Services, the Department of
24Employment Security, and the Secretary of State literacy
25program; and other stakeholders to identify, deliberate, and
26make recommendations to the State Board on adult education



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1policy and priorities. The State Board shall support statewide
2geographic distribution; diversity of eligible providers; and
3the adequacy, stability, and predictability of funding so as
4not to disrupt or diminish, but rather to enhance, adult
5education by this change of administration.
6(Source: P.A. 98-718, eff. 1-1-15.)
7    (110 ILCS 805/3-2)  (from Ch. 122, par. 103-2)
8    Sec. 3-2. Upon the receipt of such a petition, the State
9Board shall, in cooperation with the regional superintendent of
10the county or counties in which the territory of the proposed
11district is located, cause a study to be made of the territory
12of the proposed district and the community college needs and
13condition thereof and the area within and adjacent thereto in
14relation to existing facilities for general education,
15including pre-professional curricula and for training in
16occupational activities, and in relation to a factual survey of
17the possible enrollment, assessed valuation, industrial
18business, agricultural and other conditions reflecting
19educational needs in the area to be served, in order to
20determine whether in its judgment the proposed district may
21adequately maintain a community college in accordance with such
22desirable standards. In reviewing the application the State
23Board shall consider the feasibility of any proposed
24utilization of existing public or private educational
25facilities and land within or in near proximity to the boundary



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1of the proposed district, and of contracting with such public
2or private institutions for the provision of educational
3programs. If the State Board finds as the result of its study
4that it is not possible for the proposed district to produce a
5desirable program of community college education at a
6reasonable cost, it shall provide a brief statement of the
7reasons for this decision and shall thereupon cause a copy of
8the statement to be published in a newspaper or newspapers
9having a general circulation in the territory of the proposed
10district and no election shall be held or further proceedings
11had on said petition to establish such a community college
12district. In approving a request for a new community college
13district, If approved the State Board shall make submit its
14findings to the Board of Higher Education for a determination
15as to whether or not the proposal is in conformity with a
16comprehensive community college program. When the State Board
17of Higher Education approves the request for a new community
18college, the State Board shall prepare a report of such action
19on the petition. The report shall contain a brief statement of
20the reasons for the decision and a resume stating why the State
21Board deems it possible for the proposed district to provide a
22desirable 2-year two-year college program at reasonable cost,
23the conditions under which such operation would be possible,
24the estimated results of such operation in terms of local
25taxes, the nature and probable cost of alternative methods of
26providing adequate community college educational opportunities



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1for students in the territory involved and such other
2information as the State Board believes may be helpful to the
3voters in such territory in voting on the proposition to
4establish a community college district.
5(Source: P.A. 84-509.)
6    (110 ILCS 805/3-3)  (from Ch. 122, par. 103-3)
7    Sec. 3-3. If the State Board of Higher Education
8disapproves the request for a new community college, no
9election shall be held or further proceedings had on such
10petition to establish a community college district. If the
11State Board of Higher Education approves the request to
12establish a community college district, the State Board shall
13cause notice of a hearing on the petition to be given by
14publishing a notice thereof at least once each week for 3
15successive weeks in at least one newspaper having general
16circulation within the territory of the proposed district, and
17if no such newspaper exists, then the publication shall be made
18in 2 or more newspapers which together cover the territory with
19general circulation. The notice shall state when and to whom
20the petition was presented, the description of the territory of
21the proposed district, and the day on which the hearing upon
22the petition and the report of the State Board will be held. On
23such day or on a day to which the State Board shall continue
24said hearing, the State Board or a hearing officer appointed by
25it shall hear the petition, present the report and determine



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1the sufficiency of the petition as herein prescribed, and may
2adjourn the hearing from time to time or continue the matter
3for want of sufficient notice or for other good cause. The
4State Board or a hearing officer appointed by it shall hear any
5additional evidence as to the school needs and conditions of
6the territory and in the area within and adjacent thereto and
7if a hearing officer is appointed he shall report a summary of
8the testimony to the State Board. Whereupon the State Board
9shall determine whether it is for the best interests of the
10schools of such area and the educational welfare of the
11students therein that such district be organized, and shall
12determine also whether the territory described in the petition
13is compact and contiguous for college purposes.
14(Source: P.A. 78-669.)
15    (110 ILCS 805/3-20.3.01)  (from Ch. 122, par. 103-20.3.01)
16    Sec. 3-20.3.01. Whenever, as a result of any lawful order
17of any agency, other than a local community college board,
18having authority to enforce any law or regulation designed for
19the protection, health or safety of community college students,
20employees or visitors, or any law or regulation for the
21protection and safety of the environment, pursuant to the
22"Environmental Protection Act", any local community college
23district, including any district to which Article VII of this
24Act applies, is required to alter or repair any physical
25facilities, or whenever any district determines that it is



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1necessary for energy conservation, health or safety,
2environmental protection or accessibility purposes that any
3physical facilities should be altered or repaired and that such
4alterations or repairs will be made with funds not necessary
5for the completion of approved and recommended projects for
6fire prevention and safety, or whenever after the effective
7date of this amendatory Act of 1984 any district, including any
8district to which Article VII applies, provides for alterations
9or repairs determined by the local community college board to
10be necessary for health and safety, environmental protection,
11accessibility or energy conservation purposes, such district
12may, by proper resolution which specifically identifies the
13project and which is adopted pursuant to the provisions of the
14Open Meetings Act, levy a tax for the purpose of paying for
15such alterations or repairs, or survey by a licensed architect
16or engineer, upon the equalized assessed value of all the
17taxable property of the district at a rate not to exceed .05%
18per year for a period sufficient to finance such alterations or
19repairs, upon the following conditions:
20    (a) When in the judgment of the local community college
21board of trustees there are not sufficient funds available in
22the operations and maintenance fund of the district to
23permanently pay for such alterations or repairs so ordered,
24determined as necessary.
25    (b) When a certified estimate of a licensed architect or
26engineer stating the estimated amount that is necessary to make



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1the alterations or repairs so ordered or determined as
2necessary has been secured by the local community college
3district and the project and estimated amount have been
4approved by the Executive Director of the State Board.
5    The filing of a certified copy of the resolution or
6ordinance levying the tax when accompanied by the certificate
7of approval of the Executive Director of the State Board shall
8be the authority of the county clerk or clerks to extend such
9tax; provided, however, that in no event shall the extension
10for the current and preceding years, if any, under this Section
11be greater than the amount so approved, and interest on bonds
12issued pursuant to this Section and in the event such current
13extension and preceding extensions exceed such approval and
14interest, it shall be reduced proportionately.
15    The county clerk of each of the counties in which any
16community college district levying a tax under the authority of
17this Section is located, in reducing raised levies, shall not
18consider any such tax as a part of the general levy for
19community college purposes and shall not include the same in
20the limitation of any other tax rate which may be extended.
21Such tax shall be levied and collected in like manner as all
22other taxes of community college districts.
23    The tax rate limit hereinabove specified in this Section
24may be increased to .10% upon the approval of a proposition to
25effect such increase by a majority of the electors voting on
26that proposition at a regular scheduled election. Such



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1proposition may be initiated by resolution of the local
2community college board and shall be certified by the secretary
3of the local community college board to the proper election
4authorities for submission in accordance with the general
5election law.
6    Each local community college district authorized to levy
7any tax pursuant to this Section may also or in the alternative
8by proper resolution or ordinance borrow money for such
9specifically identified purposes not in excess of $4,500,000 in
10the aggregate at any one time when in the judgment of the local
11community college board of trustees there are not sufficient
12funds available in the operations and maintenance fund of the
13district to permanently pay for such alterations or repairs so
14ordered or determined as necessary and a certified estimate of
15a licensed architect or engineer stating the estimated amount
16has been secured by the local community college district and
17the project and the estimated amount have been approved by the
18State Board, and as evidence of such indebtedness may issue
19bonds without referendum. However, Community College District
20No. 522 and Community College District No. 536 may or in the
21alternative by proper resolution or ordinance borrow money for
22such specifically identified purposes not in excess of
23$20,000,000 in the aggregate at any one time when in the
24judgment of the community college board of trustees there are
25not sufficient funds available in the operations and
26maintenance fund of the district to permanently pay for such



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1alterations or repairs so ordered or determined as necessary
2and a certified estimate of a licensed architect or engineer
3stating the estimated amount has been secured by the community
4college district and the project and the estimated amount have
5been approved by the State Board, and as evidence of such
6indebtedness may issue bonds without referendum. Such bonds
7shall bear interest at a rate or rates authorized by "An Act to
8authorize public corporations to issue bonds, other evidences
9of indebtedness and tax anticipation warrants subject to
10interest rate limitations set forth therein", approved May 26,
111970, as now or hereafter amended, shall mature within 20 years
12from date, and shall be signed by the chairman, secretary and
13treasurer of the local community college board.
14    In order to authorize and issue such bonds the local
15community college board shall adopt a resolution fixing the
16amount of bonds, the date thereof, the maturities thereof and
17rates of interest thereof, and the board by such resolution, or
18in a district to which Article VII applies the city council
19upon demand and under the direction of the board by ordinance,
20shall provide for the levy and collection of a direct annual
21tax upon all the taxable property in the local community
22college district sufficient to pay the principal and interest
23on such bonds to maturity. Upon the filing in the office of the
24county clerk of each of the counties in which the community
25college district is located of a certified copy of such
26resolution or ordinance it is the duty of the county clerk or



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1clerks to extend the tax therefor without limit as to rate or
2amount and in addition to and in excess of all other taxes
3heretofore or hereafter authorized to be levied by such
4community college district.
5    The State Board shall set through administrative rule
6prepare and enforce regulations and specifications for minimum
7requirements for the construction, remodeling or
8rehabilitation of heating, ventilating, air conditioning,
9lighting, seating, water supply, toilet, accessibility, fire
10safety and any other matter that will conserve, preserve or
11provide for the protection and the health or safety of
12individuals in or on community college property and will
13conserve the integrity of the physical facilities of the
15    This Section is cumulative and constitutes complete
16authority for the issuance of bonds as provided in this Section
17notwithstanding any other statute or law to the contrary.
18(Source: P.A. 99-143, eff. 7-27-15.)
19    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
20    Sec. 3-22.1. To cause an audit to be made as of the end of
21each fiscal year by an accountant licensed to practice public
22accounting in Illinois and appointed by the board. The auditor
23shall perform his or her examination in accordance with
24generally accepted auditing standards and regulations
25prescribed by the State Board, and submit his or her report



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1thereon in accordance with generally accepted accounting
2principles. The examination and report shall include a
3verification of student enrollments and any other bases upon
4which claims are filed with the State Board. The audit report
5shall include a statement of the scope and findings of the
6audit and a professional opinion signed by the auditor. If a
7professional opinion is denied by the auditor he or she shall
8set forth the reasons for that denial. The board shall not
9limit the scope of the examination to the extent that the
10effect of such limitation will result in the qualification of
11the auditor's professional opinion. The procedures for payment
12for the expenses of the audit shall be in accordance with
13Section 9 of the Governmental Account Audit Act. Copies of the
14audit report shall be filed with the State Board in accordance
15with regulations prescribed by the State Board. The State Board
16shall file one copy of the audit report with the Auditor
17General. The State Board shall file copies of the uniform
18financial statements from the audit report with the Board of
19Higher Education.
20(Source: P.A. 90-468, eff. 8-17-97.)
21    (110 ILCS 805/3-29.8)
22    Sec. 3-29.8. Administrator and faculty salary and
23benefits; report. Each board of trustees shall report to the
24State Board of Higher Education, on or before July 1 of each
25year, the base salary and benefits of the president or chief



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1executive officer of the community college and all
2administrators, faculty members, and instructors employed by
3the community college district. For the purposes of this
4Section, "benefits" includes without limitation vacation days,
5sick days, bonuses, annuities, and retirement enhancements.
6(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
7    (110 ILCS 805/3-36)  (from Ch. 122, par. 103-36)
8    Sec. 3-36. To buy one or more sites for college purposes
9with necessary ground, and to take and purchase the site for a
10college site either with or without the owner's consent, by
11condemnation or otherwise; to pay the amount of any award made
12by a jury in a condemnation proceedings; and to select and
13purchase all sites without the submission of the question to
14any referendum. No such purchase may be made without the prior
15approval of the State Board. Purchases under this Section may
16be made by contract for deed when the board considers the use
17of such a contract to be advantageous to the district but a
18contract for deed may not provide for interest on the unpaid
19balance of the purchase price at a rate in excess of 6% per
20year nor for a period of more than 10 years in which that price
21is to be paid. Title to all real estate shall be taken and held
22in the name of the board of the community college district.
23(Source: P.A. 78-669.)
24    (110 ILCS 805/3-37)  (from Ch. 122, par. 103-37)



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1    Sec. 3-37. To build, buy or lease suitable buildings upon a
2site approved by the State Board and issue bonds, in the manner
3provided in Article IIIA, or, with the prior approval of the
4Illinois Community College Board, enter into an installment
5loan arrangement with a financial institution with a payback
6period of less than 20 years provided the board has entered
7into a contractual agreement which provides sufficient revenue
8to pay such loan in full from sources other than local taxes,
9tuition, or State appropriations and to provide adequate
10additional operation and maintenance funding for the term of
11the agreement, for the purpose of borrowing money to buy sites
12and to either or both buy or build and equip buildings and
14    Any provision in a contractual agreement providing for an
15installment loan agreement authorized by this Section that
16obligates the State of Illinois is against public policy and
17shall be null and void.
18(Source: P.A. 91-776, eff. 6-9-00.)
19    (110 ILCS 805/3-38)  (from Ch. 122, par. 103-38)
20    Sec. 3-38. To lease, with or without an option to purchase,
21for a period not to exceed 5 years or purchase under an
22installment contract extending over a period of not more than 5
23years, with interest at a rate not to exceed 6% per year on the
24unpaid principal, such apparatus, equipment, machinery or
25other personal property as may be required when authorized by



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1the affirmative vote of 2/3 of the members of the board. To
2lease for a period not to exceed 20 years such rooms, buildings
3and land, or any one or more of such items, as may be required
4when authorized by the affirmative vote of 2/3 of the members
5of the board. Any lease for rooms, buildings or land for a
6period exceeding 5 years must have the prior approval of the
7State Board. The provisions of this Section do not apply to
8guaranteed energy savings contracts or leases entered into
9under Article V-A.
10(Source: P.A. 88-173.)
11    (110 ILCS 805/3-40)  (from Ch. 122, par. 103-40)
12    Sec. 3-40. To enter into contracts with any person,
13organization, association, educational institution, or
14governmental agency for providing or securing educational
15services. Any initial contract with a public university or a
16private degree-granting college or university entered into on
17or after July 1, 1985 but before July 1, 2016 shall have prior
18approval of the State Board and the Illinois Board of Higher
19Education. Any initial contract with a public university or a
20private degree-granting college or university entered into on
21or after July 1, 2016 shall have prior approval of the State
23(Source: P.A. 84-509.)
24    (110 ILCS 805/5-11)  (from Ch. 122, par. 105-11)



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1    Sec. 5-11. Any public community college which subsequent to
2July 1, 1972 but before July 1, 2016, commenced construction of
3any facilities approved by the State Board and the Illinois
4Board of Higher Education may, after completion thereof, apply
5to the State for a grant for expenditures made by the community
6college from its own funds for building purposes for such
7facilities in excess of 25% of the cost of such facilities as
8approved by the State Board and the Illinois Board of Higher
9Education. Any public community college that, on or after July
101, 2016, commenced construction of any facilities approved by
11the State Board may, after completion thereof, apply to the
12State for a grant for expenditures made by the community
13college from its own funds for building purposes for such
14facilities in excess of 25% of the cost of such facilities as
15approved by the State Board. A Such grant shall be contingent
16upon said community college having otherwise complied with
17Sections 5-3, 5-4, 5-5 and 5-10 of this Act.
18    If any payments or contributions of any kind which are
19based upon, or are to be applied to, the cost of such
20construction are received from the Federal government, or an
21agency thereof, subsequent to receipt of the grant herein
22provided, the amount of such subsequent payment or
23contributions shall be paid over to the Capital Development
24Board by the community college for deposit in the Capital
25Development Bond Interest and Retirement Fund.
26(Source: P.A. 80-1200.)



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1    (110 ILCS 805/2-10 rep.)
2    (110 ILCS 805/2-19 rep.)
3    (110 ILCS 805/2-23 rep.)
4    (110 ILCS 805/2-16.05 rep.)
5    (110 ILCS 805/2-18a rep.)
6    Section 25. The Public Community College Act is amended by
7repealing Sections 2-10, 2-19, 2-23, 2-16.05, and 2-18a.
8    Section 99. Effective date. This Act takes effect July 1,