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




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
16for the public institutions of higher education in the areas of
17teaching, research and public service. The master plan shall
18also include higher education affordability and accessibility
19measures. The Board, in cooperation with the Illinois Community
20College Board, shall formulate the master plan and prepare and
21submit to the General Assembly and the Governor drafts of
22proposed legislation to effectuate the plan. The Board, in



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1cooperation with the Illinois Community College Board, shall
2engage in a continuing study, an analysis, and an evaluation of
3the master plan so developed, and it shall be its
4responsibility to recommend, from time to time as it
5determines, amendments and modifications of any master plan
6enacted by the General Assembly.
7(Source: P.A. 96-319, eff. 1-1-10.)
8    (110 ILCS 205/8)  (from Ch. 144, par. 188)
9    Sec. 8. The Board of Trustees of the University of
10Illinois, the Board of Trustees of Southern Illinois
11University, the Board of Trustees of Chicago State University,
12the Board of Trustees of Eastern Illinois University, the Board
13of Trustees of Governors State University, the Board of
14Trustees of Illinois State University, the Board of Trustees of
15Northeastern Illinois University, the Board of Trustees of
16Northern Illinois University, the Board of Trustees of Western
17Illinois University, and the Illinois Community College Board
18shall submit to the Board not later than the 15th day of
19November of each year its budget proposals for the operation
20and capital needs of the institutions under its governance or
21supervision for the ensuing fiscal year. Each budget proposal
22shall conform to the procedures developed by the Board in the
23design of an information system for State universities and
25    In order to maintain a cohesive system of higher education,



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1the Board and its staff shall communicate on a regular basis
2with all public university presidents. They shall meet at least
3semiannually to achieve economies of scale where possible and
4provide the most innovative and efficient programs and
6    The Board, in the analysis of formulating the annual budget
7request, shall consider rates of tuition and fees and
8undergraduate tuition and fee waiver programs at the State
9state universities and colleges. The Board shall also consider
10the current and projected utilization of the total physical
11plant of each campus of a university or college in approving
12the capital budget for any new building or facility.
13    The Board of Higher Education shall submit to the Governor,
14to the General Assembly, and to the appropriate budget agencies
15of the Governor and General Assembly its analysis and
16recommendations on such budget proposals.
17    The Board is directed to form a broad-based group of
18individuals representing the Office of the Governor, the
19General Assembly, public institutions of higher education,
20State agencies, business and industry, statewide Statewide
21organizations representing faculty and staff, and others as the
22Board shall deem appropriate to devise a system for allocating
23State resources to public institutions of higher education
24based upon performance in achieving State goals related to
25student success and certificate and degree completion.
26    Beginning in Fiscal Year 2013, the Board of Higher



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1Education budget recommendations to the Governor and the
2General Assembly shall include allocations to public
3institutions of higher education based upon performance
4metrics designed to promote and measure student success in
5degree and certificate completion. Public university These
6metrics must be adopted by the Board by rule, and public
7community college metrics must be adopted by the Illinois
8Community College Board by rule. These metrics must be
9developed and promulgated in accordance with the following
11        (1) The metrics must be developed in consultation with
12    public institutions of higher education, as well as other
13    State educational agencies and other higher education
14    organizations, associations, interests, and stakeholders
15    as deemed appropriate by the Board.
16        (2) The metrics shall include provisions for
17    recognizing the demands on and rewarding the performance of
18    institutions in advancing the success of students who are
19    academically or financially at risk, including
20    first-generation students, low-income students, and
21    students traditionally underrepresented in higher
22    education, as specified in Section 9.16 of this Act.
23        (3) The metrics shall recognize and account for the
24    differentiated missions of institutions and sectors of
25    higher education.
26        (4) The metrics shall focus on the fundamental goal of



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1    increasing completion of college courses, certificates,
2    and degrees. Performance metrics shall recognize the
3    unique and broad mission of public community colleges
4    through consideration of additional factors including, but
5    not limited to, enrollment, progress through key academic
6    milestones, transfer to a baccalaureate institution, and
7    degree completion.
8        (5) The metrics must be designed to maintain the
9    quality of degrees, certificates, courses, and programs.
10In devising performance metrics, the Board may be guided by the
11report of the Higher Education Finance Study Commission.
12    Each State university state supported institution within
13the application of this Act must submit its plan for capital
14improvements of non-instructional facilities to the Board for
15approval before final commitments are made if the total cost of
16the project as approved by the institution's board of control
17is in excess of $2 million. Non-instructional uses shall
18include but not be limited to dormitories, union buildings,
19field houses, stadium, other recreational facilities and
20parking lots. The Board shall determine whether or not any
21project submitted for approval is consistent with the master
22plan for higher education and with instructional buildings that
23are provided for therein. If the project is found by a majority
24of the Board not to be consistent, such capital improvement
25shall not be constructed.
26(Source: P.A. 97-290, eff. 8-10-11; 97-320, eff. 1-1-12;



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197-610, eff. 1-1-12; 97-813, eff. 7-13-12.)
2    (110 ILCS 205/6.2 rep.)
3    Section 15. The Board of Higher Education Act is amended by
4repealing Section 6.2.
5    Section 20. The Public Community College Act is amended by
6changing Sections 2-12, 3-2, 3-3, 3-20.3.01, 3-22.1, 3-29.8,
73-36, 3-37, 3-38, 3-40, and 5-11 as follows:
8    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
9    Sec. 2-12. The State Board shall have the power and it
10shall be its duty:
11    (a) To provide statewide planning for community colleges as
12institutions of higher education and co-ordinate the programs,
13services and activities of all community colleges in the State
14so as to encourage and establish a system of locally initiated
15and administered comprehensive community colleges.
16    (b) To organize and conduct feasibility surveys for new
17community colleges or for the inclusion of existing
18institutions as community colleges and the locating of new
20    (c) (Blank). To approve all locally funded capital projects
21for which no State monies are required, in accordance with
22standards established by rule.
23    (d) To cooperate with the community colleges in continuing



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1studies of student characteristics, admission standards,
2grading policies, performance of transfer students,
3qualification and certification of facilities and any other
4problem of community college education.
5    (e) To enter into contracts with other governmental
6agencies and eligible providers, such as local educational
7agencies, community-based organizations of demonstrated
8effectiveness, volunteer literacy organizations of
9demonstrated effectiveness, institutions of higher education,
10public and private nonprofit agencies, libraries, and public
11housing authorities; to accept federal funds and to plan with
12other State agencies when appropriate for the allocation of
13such federal funds for instructional programs and student
14services including such funds for adult education and adult
15literacy, vocational and technical education, and retraining
16as may be allocated by state and federal agencies for the aid
17of community colleges. To receive, receipt for, hold in trust,
18expend and administer, for all purposes of this Act, funds and
19other aid made available by the federal government or by other
20agencies public or private, subject to appropriation by the
21General Assembly. The changes to this subdivision (e) made by
22this amendatory Act of the 91st General Assembly apply on and
23after July 1, 2001.
24    (f) To determine efficient and adequate standards for
25community colleges for the physical plant, heating, lighting,
26ventilation, sanitation, safety, equipment and supplies,



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1instruction and teaching, curriculum, library, operation,
2maintenance, administration and supervision, and to grant
3recognition certificates to community colleges meeting such
5    (g) To determine the standards for establishment of
6community colleges and the proper location of the site in
7relation to existing institutions of higher education offering
8academic, occupational and technical training curricula,
9possible enrollment, assessed valuation, industrial, business,
10agricultural, and other conditions reflecting educational
11needs in the area to be served; however, no community college
12may be considered as being recognized nor may the establishment
13of any community college be authorized in any district which
14shall be deemed inadequate for the maintenance, in accordance
15with the desirable standards thus determined, of a community
16college offering the basic subjects of general education and
17suitable vocational and semiprofessional and technical
19    (h) To approve or disapprove new units of instruction,
20research or public service as defined in Section 3-25.1 of this
21Act submitted by the boards of trustees of the respective
22community college districts of this State. The State Board may
23discontinue programs which fail to reflect the educational
24needs of the area being served. The community college district
25shall be granted 60 days following the State Board staff
26recommendation and prior to the State Board's action to respond



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1to concerns regarding the program in question. If the State
2Board acts to abolish a community college program, the
3community college district has a right to appeal the decision
4in accordance with administrative rules promulgated by the
5State Board under the provisions of the Illinois Administrative
6Procedure Act.
7    (i) To participate in, to recommend approval or
8disapproval, and to assist in the coordination of the programs
9of community colleges participating in programs of
10interinstitutional cooperation with other public or nonpublic
11institutions of higher education. If the State Board does not
12approve a particular cooperative agreement, the community
13college district has a right to appeal the decision in
14accordance with administrative rules promulgated by the State
15Board under the provisions of the Illinois Administrative
16Procedure Act.
17    (j) To establish guidelines regarding sabbatical leaves.
18    (k) To establish guidelines for the admission into special,
19appropriate programs conducted or created by community
20colleges for elementary and secondary school dropouts who have
21received truant status from the school districts of this State
22in compliance with Section 26-14 of The School Code.
23    (l) The Community College Board shall conduct a study of
24community college teacher education courses to determine how
25the community college system can increase its participation in
26the preparation of elementary and secondary teachers.



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1    (m) (Blank). To establish by July 1, 1997 uniform financial
2accounting and reporting standards and principles for
3community colleges and develop procedures and systems for
4community colleges for reporting financial data to the State
6    (n) To create and participate in the conduct and operation
7of any corporation, joint venture, partnership, association,
8or other organizational entity that has the power: (i) to
9acquire land, buildings, and other capital equipment for the
10use and benefit of the community colleges or their students;
11(ii) to accept gifts and make grants for the use and benefit of
12the community colleges or their students; (iii) to aid in the
13instruction and education of students of community colleges;
14and (iv) to promote activities to acquaint members of the
15community with the facilities of the various community
17    (o) On and after July 1, 2001, to ensure the effective
18teaching of adults and to prepare them for success in
19employment and lifelong learning by administering a network of
20providers, programs, and services to provide adult basic
21education, adult secondary and high school equivalency testing
22education, English as a second language, and any other
23instruction designed to prepare adult students to function
24successfully in society and to experience success in
25postsecondary education and the world of work.
26    (p) On and after July 1, 2001, to supervise the



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1administration of adult education and adult literacy programs,
2to establish the standards for such courses of instruction and
3supervise the administration thereof, to contract with other
4State and local agencies and eligible providers, such as local
5educational agencies, community-based organizations of
6demonstrated effectiveness, volunteer literacy organizations
7of demonstrated effectiveness, institutions of higher
8education, public and private nonprofit agencies, libraries,
9and public housing authorities, for the purpose of promoting
10and establishing classes for instruction under these programs,
11to contract with other State and local agencies to accept and
12expend appropriations for educational purposes to reimburse
13local eligible providers for the cost of these programs, and to
14establish an advisory council consisting of all categories of
15eligible providers; agency partners, such as the State Board of
16Education, the Department of Human Services, the Department of
17Employment Security, and the Secretary of State literacy
18program; and other stakeholders to identify, deliberate, and
19make recommendations to the State Board on adult education
20policy and priorities. The State Board shall support statewide
21geographic distribution; diversity of eligible providers; and
22the adequacy, stability, and predictability of funding so as
23not to disrupt or diminish, but rather to enhance, adult
24education by this change of administration.
25(Source: P.A. 98-718, eff. 1-1-15.)



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1    (110 ILCS 805/3-2)  (from Ch. 122, par. 103-2)
2    Sec. 3-2. Upon the receipt of such a petition, the State
3Board shall, in cooperation with the regional superintendent of
4the county or counties in which the territory of the proposed
5district is located, cause a study to be made of the territory
6of the proposed district and the community college needs and
7condition thereof and the area within and adjacent thereto in
8relation to existing facilities for general education,
9including pre-professional curricula and for training in
10occupational activities, and in relation to a factual survey of
11the possible enrollment, assessed valuation, industrial
12business, agricultural and other conditions reflecting
13educational needs in the area to be served, in order to
14determine whether in its judgment the proposed district may
15adequately maintain a community college in accordance with such
16desirable standards. In reviewing the application the State
17Board shall consider the feasibility of any proposed
18utilization of existing public or private educational
19facilities and land within or in near proximity to the boundary
20of the proposed district, and of contracting with such public
21or private institutions for the provision of educational
22programs. If the State Board finds as the result of its study
23that it is not possible for the proposed district to produce a
24desirable program of community college education at a
25reasonable cost, it shall provide a brief statement of the
26reasons for this decision and shall thereupon cause a copy of



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1the statement to be published in a newspaper or newspapers
2having a general circulation in the territory of the proposed
3district and no election shall be held or further proceedings
4had on said petition to establish such a community college
5district. In approving a request for a new community college
6district, If approved the State Board shall make submit its
7findings to the Board of Higher Education for a determination
8as to whether or not the proposal is in conformity with a
9comprehensive community college program. When the State Board
10of Higher Education approves the request for a new community
11college, the State Board shall prepare a report of such action
12on the petition. The report shall contain a brief statement of
13the reasons for the decision and a resume stating why the State
14Board deems it possible for the proposed district to provide a
15desirable 2-year two-year college program at reasonable cost,
16the conditions under which such operation would be possible,
17the estimated results of such operation in terms of local
18taxes, the nature and probable cost of alternative methods of
19providing adequate community college educational opportunities
20for students in the territory involved and such other
21information as the State Board believes may be helpful to the
22voters in such territory in voting on the proposition to
23establish a community college district.
24(Source: P.A. 84-509.)
25    (110 ILCS 805/3-3)  (from Ch. 122, par. 103-3)



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1    Sec. 3-3. If the State Board of Higher Education
2disapproves the request for a new community college, no
3election shall be held or further proceedings had on such
4petition to establish a community college district. If the
5State Board of Higher Education approves the request to
6establish a community college district, the State Board shall
7cause notice of a hearing on the petition to be given by
8publishing a notice thereof at least once each week for 3
9successive weeks in at least one newspaper having general
10circulation within the territory of the proposed district, and
11if no such newspaper exists, then the publication shall be made
12in 2 or more newspapers which together cover the territory with
13general circulation. The notice shall state when and to whom
14the petition was presented, the description of the territory of
15the proposed district, and the day on which the hearing upon
16the petition and the report of the State Board will be held. On
17such day or on a day to which the State Board shall continue
18said hearing, the State Board or a hearing officer appointed by
19it shall hear the petition, present the report and determine
20the sufficiency of the petition as herein prescribed, and may
21adjourn the hearing from time to time or continue the matter
22for want of sufficient notice or for other good cause. The
23State Board or a hearing officer appointed by it shall hear any
24additional evidence as to the school needs and conditions of
25the territory and in the area within and adjacent thereto and
26if a hearing officer is appointed he shall report a summary of



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1the testimony to the State Board. Whereupon the State Board
2shall determine whether it is for the best interests of the
3schools of such area and the educational welfare of the
4students therein that such district be organized, and shall
5determine also whether the territory described in the petition
6is compact and contiguous for college purposes.
7(Source: P.A. 78-669.)
8    (110 ILCS 805/3-20.3.01)  (from Ch. 122, par. 103-20.3.01)
9    Sec. 3-20.3.01. Whenever, as a result of any lawful order
10of any agency, other than a local community college board,
11having authority to enforce any law or regulation designed for
12the protection, health or safety of community college students,
13employees or visitors, or any law or regulation for the
14protection and safety of the environment, pursuant to the
15"Environmental Protection Act", any local community college
16district, including any district to which Article VII of this
17Act applies, is required to alter or repair any physical
18facilities, or whenever any district determines that it is
19necessary for energy conservation, health or safety,
20environmental protection or accessibility purposes that any
21physical facilities should be altered or repaired and that such
22alterations or repairs will be made with funds not necessary
23for the completion of approved and recommended projects for
24fire prevention and safety, or whenever after the effective
25date of this amendatory Act of 1984 any district, including any



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1district to which Article VII applies, provides for alterations
2or repairs determined by the local community college board to
3be necessary for health and safety, environmental protection,
4accessibility or energy conservation purposes, such district
5may, by proper resolution which specifically identifies the
6project and which is adopted pursuant to the provisions of the
7Open Meetings Act, levy a tax for the purpose of paying for
8such alterations or repairs, or survey by a licensed architect
9or engineer, upon the equalized assessed value of all the
10taxable property of the district at a rate not to exceed .05%
11per year for a period sufficient to finance such alterations or
12repairs, upon the following conditions:
13    (a) When in the judgment of the local community college
14board of trustees there are not sufficient funds available in
15the operations and maintenance fund of the district to
16permanently pay for such alterations or repairs so ordered,
17determined as necessary.
18    (b) When a certified estimate of a licensed architect or
19engineer stating the estimated amount that is necessary to make
20the alterations or repairs so ordered or determined as
21necessary has been secured by the local community college
22district and the project and estimated amount have been
23approved by the Executive Director of the State Board.
24    The filing of a certified copy of the resolution or
25ordinance levying the tax when accompanied by the certificate
26of approval of the Executive Director of the State Board shall



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1be the authority of the county clerk or clerks to extend such
2tax; provided, however, that in no event shall the extension
3for the current and preceding years, if any, under this Section
4be greater than the amount so approved, and interest on bonds
5issued pursuant to this Section and in the event such current
6extension and preceding extensions exceed such approval and
7interest, it shall be reduced proportionately.
8    The county clerk of each of the counties in which any
9community college district levying a tax under the authority of
10this Section is located, in reducing raised levies, shall not
11consider any such tax as a part of the general levy for
12community college purposes and shall not include the same in
13the limitation of any other tax rate which may be extended.
14Such tax shall be levied and collected in like manner as all
15other taxes of community college districts.
16    The tax rate limit hereinabove specified in this Section
17may be increased to .10% upon the approval of a proposition to
18effect such increase by a majority of the electors voting on
19that proposition at a regular scheduled election. Such
20proposition may be initiated by resolution of the local
21community college board and shall be certified by the secretary
22of the local community college board to the proper election
23authorities for submission in accordance with the general
24election law.
25    Each local community college district authorized to levy
26any tax pursuant to this Section may also or in the alternative



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



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1authorize public corporations to issue bonds, other evidences
2of indebtedness and tax anticipation warrants subject to
3interest rate limitations set forth therein", approved May 26,
41970, as now or hereafter amended, shall mature within 20 years
5from date, and shall be signed by the chairman, secretary and
6treasurer of the local community college board.
7    In order to authorize and issue such bonds the local
8community college board shall adopt a resolution fixing the
9amount of bonds, the date thereof, the maturities thereof and
10rates of interest thereof, and the board by such resolution, or
11in a district to which Article VII applies the city council
12upon demand and under the direction of the board by ordinance,
13shall provide for the levy and collection of a direct annual
14tax upon all the taxable property in the local community
15college district sufficient to pay the principal and interest
16on such bonds to maturity. Upon the filing in the office of the
17county clerk of each of the counties in which the community
18college district is located of a certified copy of such
19resolution or ordinance it is the duty of the county clerk or
20clerks to extend the tax therefor without limit as to rate or
21amount and in addition to and in excess of all other taxes
22heretofore or hereafter authorized to be levied by such
23community college district.
24    The State Board shall set through administrative rule
25prepare and enforce regulations and specifications for minimum
26requirements for the construction, remodeling or



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1rehabilitation of heating, ventilating, air conditioning,
2lighting, seating, water supply, toilet, accessibility, fire
3safety and any other matter that will conserve, preserve or
4provide for the protection and the health or safety of
5individuals in or on community college property and will
6conserve the integrity of the physical facilities of the
8    This Section is cumulative and constitutes complete
9authority for the issuance of bonds as provided in this Section
10notwithstanding any other statute or law to the contrary.
11(Source: P.A. 99-143, eff. 7-27-15.)
12    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
13    Sec. 3-22.1. To cause an audit to be made as of the end of
14each fiscal year by an accountant licensed to practice public
15accounting in Illinois and appointed by the board. The auditor
16shall perform his or her examination in accordance with
17generally accepted auditing standards and regulations
18prescribed by the State Board, and submit his or her report
19thereon in accordance with generally accepted accounting
20principles. The examination and report shall include a
21verification of student enrollments and any other bases upon
22which claims are filed with the State Board. The audit report
23shall include a statement of the scope and findings of the
24audit and a professional opinion signed by the auditor. If a
25professional opinion is denied by the auditor he or she shall



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1set forth the reasons for that denial. The board shall not
2limit the scope of the examination to the extent that the
3effect of such limitation will result in the qualification of
4the auditor's professional opinion. The procedures for payment
5for the expenses of the audit shall be in accordance with
6Section 9 of the Governmental Account Audit Act. Copies of the
7audit report shall be filed with the State Board in accordance
8with regulations prescribed by the State Board. The State Board
9shall file one copy of the audit report with the Auditor
10General. The State Board shall file copies of the uniform
11financial statements from the audit report with the Board of
12Higher Education.
13(Source: P.A. 90-468, eff. 8-17-97.)
14    (110 ILCS 805/3-29.8)
15    Sec. 3-29.8. Administrator and faculty salary and
16benefits; report. Each board of trustees shall report to the
17State Board of Higher Education, on or before July 1 of each
18year, the base salary and benefits of the president or chief
19executive officer of the community college and all
20administrators, faculty members, and instructors employed by
21the community college district. For the purposes of this
22Section, "benefits" includes without limitation vacation days,
23sick days, bonuses, annuities, and retirement enhancements.
24(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)



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1    (110 ILCS 805/3-36)  (from Ch. 122, par. 103-36)
2    Sec. 3-36. To buy one or more sites for college purposes
3with necessary ground, and to take and purchase the site for a
4college site either with or without the owner's consent, by
5condemnation or otherwise; to pay the amount of any award made
6by a jury in a condemnation proceedings; and to select and
7purchase all sites without the submission of the question to
8any referendum. No such purchase may be made without the prior
9approval of the State Board. Purchases under this Section may
10be made by contract for deed when the board considers the use
11of such a contract to be advantageous to the district but a
12contract for deed may not provide for interest on the unpaid
13balance of the purchase price at a rate in excess of 6% per
14year nor for a period of more than 10 years in which that price
15is to be paid. Title to all real estate shall be taken and held
16in the name of the board of the community college district.
17(Source: P.A. 78-669.)
18    (110 ILCS 805/3-37)  (from Ch. 122, par. 103-37)
19    Sec. 3-37. To build, buy or lease suitable buildings upon a
20site approved by the State Board and issue bonds, in the manner
21provided in Article IIIA, or, with the prior approval of the
22Illinois Community College Board, enter into an installment
23loan arrangement with a financial institution with a payback
24period of less than 20 years provided the board has entered
25into a contractual agreement which provides sufficient revenue



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1to pay such loan in full from sources other than local taxes,
2tuition, or State appropriations and to provide adequate
3additional operation and maintenance funding for the term of
4the agreement, for the purpose of borrowing money to buy sites
5and to either or both buy or build and equip buildings and
7    Any provision in a contractual agreement providing for an
8installment loan agreement authorized by this Section that
9obligates the State of Illinois is against public policy and
10shall be null and void.
11(Source: P.A. 91-776, eff. 6-9-00.)
12    (110 ILCS 805/3-38)  (from Ch. 122, par. 103-38)
13    Sec. 3-38. To lease, with or without an option to purchase,
14for a period not to exceed 5 years or purchase under an
15installment contract extending over a period of not more than 5
16years, with interest at a rate not to exceed 6% per year on the
17unpaid principal, such apparatus, equipment, machinery or
18other personal property as may be required when authorized by
19the affirmative vote of 2/3 of the members of the board. To
20lease for a period not to exceed 20 years such rooms, buildings
21and land, or any one or more of such items, as may be required
22when authorized by the affirmative vote of 2/3 of the members
23of the board. Any lease for rooms, buildings or land for a
24period exceeding 5 years must have the prior approval of the
25State Board. The provisions of this Section do not apply to



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1guaranteed energy savings contracts or leases entered into
2under Article V-A.
3(Source: P.A. 88-173.)
4    (110 ILCS 805/3-40)  (from Ch. 122, par. 103-40)
5    Sec. 3-40. To enter into contracts with any person,
6organization, association, educational institution, or
7governmental agency for providing or securing educational
8services. Any initial contract with a public university or a
9private degree-granting college or university entered into on
10or after July 1, 1985 but before July 1, 2016 shall have prior
11approval of the State Board and the Illinois Board of Higher
12Education. Any initial contract with a public university or a
13private degree-granting college or university entered into on
14or after July 1, 2016 shall have prior approval of the State
16(Source: P.A. 84-509.)
17    (110 ILCS 805/5-11)  (from Ch. 122, par. 105-11)
18    Sec. 5-11. Any public community college which subsequent to
19July 1, 1972 but before July 1, 2016, commenced construction of
20any facilities approved by the State Board and the Illinois
21Board of Higher Education may, after completion thereof, apply
22to the State for a grant for expenditures made by the community
23college from its own funds for building purposes for such
24facilities in excess of 25% of the cost of such facilities as



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1approved by the State Board and the Illinois Board of Higher
2Education. Any public community college that, on or after July
31, 2016, commenced construction of any facilities approved by
4the State Board may, after completion thereof, apply to the
5State 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. A Such grant shall be contingent
9upon said community college having otherwise complied with
10Sections 5-3, 5-4, 5-5 and 5-10 of this Act.
11    If any payments or contributions of any kind which are
12based upon, or are to be applied to, the cost of such
13construction are received from the Federal government, or an
14agency thereof, subsequent to receipt of the grant herein
15provided, the amount of such subsequent payment or
16contributions shall be paid over to the Capital Development
17Board by the community college for deposit in the Capital
18Development Bond Interest and Retirement Fund.
19(Source: P.A. 80-1200.)
20    (110 ILCS 805/2-10 rep.)
21    (110 ILCS 805/2-19 rep.)
22    (110 ILCS 805/2-23 rep.)
23    (110 ILCS 805/2-16.05 rep.)
24    (110 ILCS 805/2-18a rep.)
25    Section 25. The Public Community College Act is amended by



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1repealing Sections 2-10, 2-19, 2-23, 2-16.05, and 2-18a.
2    Section 99. Effective date. This Act takes effect July 1,