| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
HIGHER EDUCATION (110 ILCS 805/) Public Community College Act. 110 ILCS 805/Art. III
(110 ILCS 805/Art. III heading)
ARTICLE III.
COMMUNITY COLLEGE DISTRICTS;
ORGANIZATION; POWERS AND DUTIES;
ELECTIONS
|
110 ILCS 805/3-1
(110 ILCS 805/3-1) (from Ch. 122, par. 103-1)
Sec. 3-1.
Any contiguous and compact territory, no part of which is included
within any community college district, unless all of such district is
included which has an equalized assessed valuation of not less than
$150,000,000 and contains a population of not less than 60,000
persons may be organized into a community college
district within the State system.
For the purpose of this section and Sections 6-5.3, 6-5.5, and 6-6.1
any territory which is completely surrounded by a community college
district governed by the provisions of Article 7 of this Act, shall be
considered contiguous to any territory beyond the boundaries of such
community college district governed by the provisions of Article 7, the
closest boundary of which is not more than 5 miles from the boundary of
such territory so surrounded. Any territory which comprises a special
charter school district and which is completely surrounded by a
non-district territory shall be considered contiguous to any community
college district beyond the boundaries of such non-district territory,
the closest boundary of which is not more than 20 miles from the
boundary of such territory so surrounded. The contiguity of such
territory shall not be affected by any subsequent change in the status
of the surrounding non-district territory, including the inclusion of
such non-district territory in a community college district other than
the district to which the original territory was annexed.
A petition signed by at least 500 or more voters residing in the
territory described in the petition shall be filed with the State Board.
The petition shall:
(1) Request the calling of an election for the purpose of voting for
or against the establishment of a community college district.
(2) Describe the territory comprising the proposed district.
(3) Describe the extent to which educational programs will be provided
by contract with existing public or private educational institutions.
(4) Set forth the maximum tax rates for educational purposes and
for operations and maintenance of facilities
purposes. The proposed district shall be authorized to levy rates which
shall not exceed .75 per cent of the value, as equalized or assessed by
the Department of Revenue, for educational purposes,
and .1 per cent for operations and maintenance of facilities purposes.
(Source: P.A. 85-1335.)
|
110 ILCS 805/3-1.1
(110 ILCS 805/3-1.1) (from Ch. 122, par. 103-1.1)
Sec. 3-1.1.
Any petition filed under this Act, which bears the signatures
of 25 or more persons, may designate a committee of 5 of the petitioners as
attorney in fact for all the petitioners, who may amend the petition to
correct errors in the description of the territory included in the petition
prior to the public hearing, or if no hearing is required, prior to
approval or disapproval of the petition by the State Board. The petition
must after amendment comply with the requirements for such a petition under
this Act.
(Source: Laws 1967, p. 3308.)
|
110 ILCS 805/3-2
(110 ILCS 805/3-2) (from Ch. 122, par. 103-2)
Sec. 3-2.
Upon the receipt of such a petition, the State Board shall, in
cooperation with the regional superintendent of the county or counties in
which the territory of the proposed district is located, cause a study to
be made of the territory of the proposed district and the community college
needs and condition thereof and the area within and adjacent thereto in
relation to existing facilities for general education, including
pre-professional curricula and for training in occupational activities, and
in relation to a factual survey of the possible enrollment, assessed
valuation, industrial business, agricultural and other conditions
reflecting educational needs in the area to be served, in order to
determine whether in its judgment the proposed district may adequately
maintain a community college in accordance with such desirable standards.
In reviewing the application the State Board shall consider the feasibility
of any proposed utilization of existing public or private educational
facilities and land within or in near proximity to the boundary of the
proposed district, and of contracting with such public or private
institutions for the provision of educational programs. If the State
Board finds as the result of its study that
it is not possible for the proposed district to produce a desirable program
of community college education at a reasonable cost, it shall provide a
brief statement of the reasons for this decision and shall thereupon cause
a copy of the statement to be published in a newspaper or newspapers having
a general circulation in the territory of the proposed district and no
election shall be held or further proceedings had on said petition to
establish such a community college district. In approving a request for a new community college district, the State Board
shall make a
determination as to whether or not the proposal is in conformity with a
comprehensive community college program. When the State Board
approves the request for a new community college, the State Board shall
prepare a report of such action on the petition. The report shall contain a
brief statement of the reasons for the decision and a resume stating why
the State Board deems it possible for the proposed district to provide a
desirable 2-year college program at reasonable cost, the conditions under
which such operation would be possible, the estimated results of such
operation in terms of local taxes, the nature and probable cost of
alternative methods of providing adequate community college educational
opportunities for students in the territory involved and such other
information as the State Board believes may be helpful to the voters in
such territory in voting on the proposition to establish a community
college district.
(Source: P.A. 99-655, eff. 7-28-16.)
|
110 ILCS 805/3-3
(110 ILCS 805/3-3) (from Ch. 122, par. 103-3)
Sec. 3-3.
If the State Board disapproves the request for a new
community college, no election shall be held or further proceedings had on
such petition to establish a community college district. If the State Board approves the request to establish a community college
district, the State Board shall cause notice of a hearing on the petition
to be given by publishing a notice thereof at least once each week for 3
successive weeks in at least one newspaper having general circulation
within the territory of the proposed district, and if no such newspaper
exists, then the publication shall be made in 2 or more newspapers which
together cover the territory with general circulation. The notice shall
state when and to whom the petition was presented, the description of the
territory of the proposed district, and the day on which the hearing upon
the petition and the report of the State Board will be held. On such day or
on a day to which the State Board shall continue said hearing, the State
Board or a hearing officer appointed by it shall hear the petition, present
the report and determine the sufficiency of the petition as herein
prescribed, and may adjourn the hearing from time to time or continue the
matter for want of sufficient notice or for other good cause. The State
Board or a hearing officer appointed by it shall hear any additional
evidence as to the school needs and conditions of the territory and in the
area within and adjacent thereto and if a hearing officer is appointed he
shall report a summary of the testimony to the State Board. Whereupon the
State Board shall determine whether it is for the best interests of the
schools of such area and the educational welfare of the students therein
that such district be organized, and shall determine also whether the
territory described in the petition is compact and contiguous for college
purposes.
(Source: P.A. 99-655, eff. 7-28-16.)
|
110 ILCS 805/3-4
(110 ILCS 805/3-4) (from Ch. 122, par. 103-4)
Sec. 3-4.
At the hearing, any resident in the proposed district or any
district affected thereby may appear in support of the petition or to object
thereto. At the conclusion of the hearing the State Board shall make a decision
either granting or denying the petition. If the State Board
denies the petition no election shall be held or further proceedings had
unless its decision is reversed upon review. If the State Board approves
the petition or if its denial of the petition is reversed on review, the
regional superintendent of the county in which the territory described
in the petition is situated or if the petition describes territory
consisting of one county and all or a part of several counties, the
regional superintendent of the county having the greater number of
people included in the territory described in the petition, shall certify
the proposition to the proper election officials, who shall submit such
proposition at a regular scheduled election as provided in the
general election law for the purpose of voting for or against
the proposition of establishing a community college district. The
decision of the State Board after the hearing shall be deemed an
"administrative decision" as defined in Section 3-101 of the Code of Civil
Procedure and any petitioner or resident who appears at the hearing
may file a complaint for a judicial review of such decision in accordance
with the Administrative Review Law, and all amendments and modifications
thereof and the rules adopted pursuant thereto. The commencement of any
action for review shall operate as a stay of enforcement, and no referendum
shall be held pending final disposition of such review.
(Source: P.A. 84-551.)
|
110 ILCS 805/3-4.1
(110 ILCS 805/3-4.1) (from Ch. 122, par. 103-4.1)
Sec. 3-4.1.
The costs of any referendum conducted under this Act shall be borne
by the county or counties in which the
territory involved in the election is located.
(Source: P.A. 81-1489.)
|
110 ILCS 805/3-5
(110 ILCS 805/3-5) (from Ch. 122, par. 103-5)
Sec. 3-5.
The proposition shall be in substantially the following form:
FOR the establishment of a community college district with authority
to levy taxes at the rate of.... per cent for educational purposes,
and.... per cent for operations and
maintenance of facilities purposes.
AGAINST the establishment of a community college district with
authority to levy taxes at the rate of.... per cent for educational
purposes, and.... per cent for operations and
maintenance of facilities purposes.
In order for the proposition to be approved, a majority of the votes
cast in the territory at the election must be in favor of the proposition of
establishing a community college district; provided, however, that
if the territory described in the petition
includes one or more community college districts, the proposition has not
received a majority of the votes cast on the proposition unless it also
receives a majority of the votes cast on the proposition within the
territory included within each such district, the count to be taken
separately within such districts.
(Source: P.A. 85-1335.)
|
110 ILCS 805/3-6
(110 ILCS 805/3-6) (from Ch. 122, par. 103-6)
Sec. 3-6.
If a majority of the votes cast at the election, as determined in the
manner provided in Section 3-5, is in favor of the establishment of a
community college district, the regional superintendent who ordered
that election shall forthwith order an election to be held at the time
and in the manner provided in the general election law
for the purpose of selecting
the board for that community college district, to consist of 7 members.
(Source: P.A. 81-1490.)
|
110 ILCS 805/3-7
(110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
Sec. 3-7. (a) The election of the members of the board of trustees
shall be nonpartisan and shall be held at the time and in the manner provided
in the general election law.
(b) Unless otherwise provided in this Act, members shall be elected to
serve 6
year terms. The term of members elected in 1985 and thereafter shall be from
the date the member is officially determined to be elected to the board by
a canvass conducted pursuant to the Election Code, to the date that the
winner of the seat is officially determined by the canvass conducted
pursuant to the Election Code the next time the seat on the board is to be
filled by election.
(c) Each member must on the date of his election be a citizen of the
United
States, of the age of 18 years or over, and a resident of the State and
the territory which on the date of the election is included in the
community college district for at least one year immediately preceding
his election.
In Community College District No. 526,
each member elected at the consolidated election in 2005 or thereafter must
also be a resident of the trustee
district he or she represents for at least one year immediately preceding
his or her election, except that in the first consolidated election for each
trustee district following reapportionment, a candidate for the board
may be elected from any trustee district that contains a part of the
trustee district in which he or she resided at the time of the
reapportionment and may be reelected if a resident of the new trustee district
he
or she represents for one year prior to reelection.
In the event a person who is a member of a common school
board is elected or appointed to a board of trustees of a community college
district, that person shall be permitted to serve the remainder of his or
her term of office as a member of the common school board. Upon the
expiration of the common school board term, that person shall not be
eligible for election or appointment to a common school board during the
term of office with the community college district board of trustees.
(d) Whenever a vacancy occurs, the remaining members shall fill the
vacancy, and the person so appointed shall serve until a successor is
elected to serve the remainder of the unexpired term at the next regular election for board members and is certified in
accordance with Sections 22-17 and 22-18 of the Election Code. If the
remaining members fail so to act within 60 days after the vacancy occurs,
the chairman of the State Board shall fill that vacancy, and the person so
appointed shall serve until a successor is elected to serve the remainder of the unexpired term at the next regular
election for board members and is certified in accordance with Sections
22-17 and 22-18 of the Election Code. The person appointed to fill the
vacancy shall have the same residential qualifications as his predecessor
in office was required to have. In either instance, if the vacancy occurs
with less than 4 months remaining before the next scheduled consolidated
election, and the term of office of the board member vacating the position
is not scheduled to expire at that election, then the term of the person so
appointed shall extend through that election and until the succeeding
consolidated election. If the term of office of the board
member vacating the position is scheduled to expire at the upcoming
consolidated election, the appointed member shall serve
only until a successor is elected and qualified at that election.
(e) Members of the board shall serve without compensation but shall be
reimbursed for their reasonable expenses incurred in connection with
their service as members. Compensation, for purposes of this Section, means
any salary or other benefits not expressly authorized by this Act to be
provided or paid to, for or on behalf of members of the board. The board
of each community college district may adopt a policy providing for the
issuance of bank credit cards, for use by any board member who requests the
same in writing and agrees to use the card only for the reasonable expenses
which he or she incurs in connection with his or her service as a board
member. Expenses charged to such credit cards shall be accounted for
separately and shall be submitted to the chief financial officer of the
district for review prior to being reported to the board at its next
regular meeting.
(f) The ballot for the election of
members of the board for a community college district shall indicate the
length of term for each office to be filled. In the election of a board
for any community college district, the ballot shall not contain any
political party designation.
(Source: P.A. 100-273, eff. 8-22-17; 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-7.1
(110 ILCS 805/3-7.1) (from Ch. 122, par. 103-7.1)
Sec. 3-7.1.
All elections
held pursuant to this Act shall be governed by the provisions of the general
election law.
(Source: P.A. 81-1490.)
|
110 ILCS 805/3-7.10
(110 ILCS 805/3-7.10) (from Ch. 122, par. 103-7.10)
Sec. 3-7.10.
Nominations for members of the board shall be made by a petition
signed by at least 50 voters or 10% of the voters, whichever is less, residing
within the district and shall be filed with the secretary of the board.
In addition to the requirements of the general election law, the form
of such petitions shall be substantially as follows:
NOMINATING PETITIONS
To the Secretary of the Board of Trustees of Community College District No.
....:
We the undersigned, being (.... or more) (or 10% or more) of the voters
residing within said district, hereby petition that .... who
resides at .... in the (city or village) of .... in Township .... (or
who resides outside any city, village or incorporated town and in Township
....) in said district shall be a candidate for the office of .... of the
Board of Trustees (full term) (vacancy) to be voted for at the election
to be held on (insert date).
Name: Address:
Nomination papers filed under this Section are not valid unless the candidate
named therein files with the secretary of the board a receipt from the county
clerk showing that the candidate has filed a statement of economic interests
as required by the Illinois Governmental Ethics Act. Such receipt shall
be so filed either previously during the calendar year in which his nomination
papers were filed or within the period for the filing of nomination papers
in accordance with the general election law.
The secretary of the board shall notify each candidate, or the appropriate
committee, for whom a petition for nomination has been filed of their
obligations under the Campaign Financing Act, as required by the general
election law. Such notice shall be given on a form prescribed by the State
Board of Elections and in accordance with the requirements of the general
election law.
All petitions for the nomination of members of a board of trustees shall
be filed with the secretary of the board within the time provided for
by the general election law. Said secretary shall make certification to
the proper election authority in accordance with the requirements of the
general election law. If the secretary is an incumbent board member seeking
reelection, a disinterested person must be a witness to the filing of his
petition. It is the duty of the secretary to provide candidates with petition
forms and statements of candidacy.
The secretary shall within 7 days of filing or on the
last day for filing, whichever is earlier, acknowledge to the petitioner
in writing his acceptance of the petition.
In all newly organized districts the petition for the nomination of
candidates for members of the board at the first election shall be addressed
to and filed with the regional superintendent in the manner specified for the
petitions for candidates of a community college board. For such election the
regional superintendent shall fulfill all duties otherwise assigned to the
secretary of the board.
(Source: P.A. 91-357, eff. 7-29-99.)
|
110 ILCS 805/3-7.11
(110 ILCS 805/3-7.11) (from Ch. 122, par. 103-7.11)
Sec. 3-7.11.
In addition to the notice requirements of the general election law,
whenever a proposition to increase a tax rate under Section 3-14 is submitted
to be voted upon by the voters of any community college district the notice
of such election shall include an estimate of the approximate amount of
taxes expendable under the maximum rate then in force and an estimate of
the approximate amount of taxes extendible under the proposed increased
rate, such amounts being computed upon, the last known equalized, assessed
value, but any error, miscalculation or inaccuracy in computing such amounts
shall not invalidate or affect the validity of any rate so increased. The
board shall make such estimate and the secretary shall certify such
amount to the election authority as part of the certification of the proposition
as required by the general election law.
(Source: P.A. 81-1490.)
|
110 ILCS 805/3-7.13
(110 ILCS 805/3-7.13) (from Ch. 122, par. 103-7.13)
Sec. 3-7.13.
More than one public measure may be submitted on the same ballot.
No
proposition under this Section which is substantially the same shall be
submitted more than once every 2 months, except where the proposition is
submitted as a consequence of a disaster, calamity or other Act of God.
(Source: P.A. 81-1489.)
|
110 ILCS 805/3-7.24
(110 ILCS 805/3-7.24) (from Ch. 122, par. 103-7.24)
Sec. 3-7.24.
Each community college board shall have one non-voting member who is a student
enrolled in the community college under the jurisdiction of the board. One
non-voting student member shall also be selected in multi-campus districts
to represent all campuses in those districts. In multi-campus districts,
the campus from which the member is selected shall be determined by lot
each year provided that no campus shall twice have selected a non-voting
student member until all campuses in the district have once been represented
on the district board. The same procedure shall be followed until all campuses
have been represented a second time, a third time, and subsequent times.
The method of selecting these student members shall be determined by campus-wide
student referendum.
The student members shall serve a term of one year beginning on April 15
of each year, except that the student member initially selected shall serve
a term beginning on the date of selection and expiring on the next succeeding June 30.
The nonvoting student members shall have all of the privileges of membership,
including the right to make and second motions and to attend executive sessions,
other than the right to vote.
(Source: P.A. 80-730.)
|
110 ILCS 805/3-7a (110 ILCS 805/3-7a) (was 110 ILCS 805/3-7, subsec. (c)) Sec. 3-7a. Trustee districts; Community College District No. 522.
In 2001, and in the year following
each decennial census
thereafter, the board of trustees of community college District #522 shall
reapportion the trustee districts to reflect the results of the census, and
shall divide the community college district into 7 trustee districts, each of
which shall be compact, contiguous, and substantially equal in population to
each other district. The division of the community college district into
trustee districts shall be completed and formally approved by a majority of the members of the board of trustees of community
college
District #522 in 2001 and in the year following each
decennial
census. At the same meeting of the board of
trustees, the board shall, publicly by lot, divide the trustee
districts as equally as possible into 2 groups. Beginning in 2003 and every
10 years thereafter, trustees or their
successors from one group shall be elected for successive terms of 4 years
and 6 years; and members or their successors from the second group shall be
elected for successive terms of 6 years and 4 years. One member shall be
elected from each such trustee district. (Source: P.A. 100-884, eff. 1-1-19 .) |
110 ILCS 805/3-7b (110 ILCS 805/3-7b) (was 110 ILCS 805/3-7, subsec. (d)) Sec. 3-7b. (Repealed).
(Source: P.A. 97-539, eff. 8-23-11. Repealed by P.A. 100-884, eff. 1-1-19 .) |
110 ILCS 805/3-7c (110 ILCS 805/3-7c)
Sec. 3-7c. Trustee districts for the 2013 consolidated election and thereafter; Community College District No. 526. (a) In Community College District No. 526, board of trustee members shall be elected by trustee district at the 2013 consolidated election and thereafter. (b) On or before July 1, 2012 and thereafter in the year following each decennial census, the board of trustees of Community College District No. 526 shall reapportion the trustee districts to reflect the
results of the census and shall divide the community college district into 7 trustee districts, each of which shall be compact, contiguous, and substantially equal in population to each other district. The
division of the community college district into trustee
districts must be completed and formally approved by a
majority of the members of the board of trustees. At the same meeting of the board of trustees, the board shall, publicly by lot, divide the trustee districts into 2 groups. Beginning in 2013 and every 10 years thereafter, 4 trustees or their successors from one group shall be elected for successive terms of 4 years and 6 years, and 3 trustees or their successors from the second group shall be elected for successive terms of 6 years and 4 years. One member shall be elected from each such trustee district.
(Source: P.A. 97-539, eff. 8-23-11.) |
110 ILCS 805/3-8
(110 ILCS 805/3-8) (from Ch. 122, par. 103-8)
Sec. 3-8. In this Section, "reasonable emergency" means any imminent need to maintain the operations or facilities of the community college district and that such need is due to circumstances beyond the control of the board. Following each election and canvass, the new board shall
hold its organizational meeting on or before the 28th day after the election. If the election is the initial election ordered by the regional superintendent,
the organizational meeting shall be convened by the regional superintendent,
who shall preside over the meeting until the election for chairman, vice
chairman and secretary of board is completed. At all other organizational
meetings, the chairman of the board, or, in his or her absence, the president
of the community college or acting chief executive officer of the college shall
convene the new board, and conduct the election for chairman, vice chairman and
secretary. The chairman and vice chairman elected by the board shall be members of the board, but the secretary elected by the board may be either a member of the board or not a member of the board, as determined by the board. The secretary, if not a member of the board, may receive such compensation as shall be fixed by the board prior to the election of the secretary. The board shall then proceed with its organization under the newly
elected board officers, and shall fix a time and place for its regular
meetings. It shall then enter upon the discharge of its duties. Public notice of the schedule of regular meetings for the next calendar year, as set at the organizational meeting, must be given at the beginning of that calendar year. The terms of
board office shall be 2 years, except that the board by resolution may
establish a policy for the terms of office to be one year, and provide for the
election of officers for the remaining one year period.
Terms of members are subject to Section 2A-54 of the Election Code.
Beginning 45 days prior to the Tuesday following the first Monday of April in odd-numbered years until the first organizational meeting of the new board, no addendum to modify or amend an employee agreement between a community college district and the district's president, chancellor, or chief executive officer may be agreed to or executed, nor may an employment contract be made and entered into between the board of an established community college district and a president, chancellor, or chief executive officer. If the current board must take such action at any time during the 45 days prior to the Tuesday following the first Monday of April in odd-numbered years until the first organizational meeting of the new board due to a reasonable emergency, then that action shall be terminated on the 60th day after the first organizational meeting, unless the new board, by resolution, reaffirms the agreed-upon addendum or new employment contract. Special meetings of the board may be called by the chairman or by any
3 members of the board by giving notice thereof in writing stating the
time, place and purpose of the meeting. Such notice may be served by
mail 48 hours before the meeting or by personal service 24 hours before
the meeting.
At each regular and special meeting which is open to the public,
members of the public and employees of the community college district shall
be afforded time, subject to reasonable constraints, to comment to or ask
questions of the board.
(Source: P.A. 103-278, eff. 7-28-23.)
|
110 ILCS 805/3-8.5 (110 ILCS 805/3-8.5) Sec. 3-8.5. Community college trustee's leadership
training. (a) This Section applies to all community college districts
with elected or appointed board trustees serving pursuant to this Article
who have been elected or appointed after the effective date of this
amendatory Act of the 99th General Assembly or appointed to
fill a vacancy of at least one year's duration of an elected
trustee after the effective date of this amendatory Act of the
99th General Assembly. (b) Every voting member of a board under subsection (a) of this Section shall
complete a minimum of 4 hours of professional development
leadership training covering topics that shall include, but are not limited to, open meetings law, community college and
labor law, freedom of information law,
contract law, ethics, sexual violence on campus, financial oversight and
accountability, audits, and fiduciary responsibilities of a
community college trustee during the first, third, and fifth
year of his or her term. The community college district shall
maintain on its Internet website, if any, the names of all
elected or appointed voting trustees of the board who have successfully
completed the training, as well as the names of all elected or appointed voting trustees of the board who have not successfully completed the training, as required under this Section. (c) The training under this Section may be provided by an
association established under this Code for the purpose of
training community college district board trustees or by other
qualified providers approved by the State Board, in
consultation with an association so established. (d) The board member shall certify completion of the
training required under this Section to the secretary of the
board. If a board member does not satisfy all requirements provided in subsection (b) of this Section or the certification indicates that a board member has
not completed the training, the secretary shall send a notice
to all elected or appointed members serving on the board and the president or acting
chief executive officer of the community college of that fact.
(Source: P.A. 99-692, eff. 1-1-17 .) |
110 ILCS 805/3-9
(110 ILCS 805/3-9) (from Ch. 122, par. 103-9)
Sec. 3-9. A majority of full voting membership of the Board shall constitute a
quorum. For all meetings of the Board, a quorum of members must be physically present at the location of the meeting. When a vote is taken upon any measure before the Board, a quorum
being present, a majority of the members voting on the measure shall
determine the outcome thereof. No action of such board shall be invalidated
by reason of any vacancies on such board, or by reason of any failure to
select any nonvoting student members.
(Source: P.A. 95-117, eff. 8-13-07.)
|
110 ILCS 805/3-10
(110 ILCS 805/3-10) (from Ch. 122, par. 103-10)
Sec. 3-10.
The chairman shall preside at all meetings and shall perform
such duties as are imposed upon him or her by law or by action of the board. The
vice-chairman shall perform the duties of the chairman if there is a vacancy in the office of the chairman or in case of the chairman's absence or inability to act. If there is a vacancy in the office of the chairman and
vice-chairman or the chairman and vice-chairman are absent from any meeting or refuse to perform their
duties, a chairman pro tempore shall be appointed by the board from among
their number.
The secretary may be a member of the board and shall perform the duties usually pertaining to his or her office.
The secretary, if not a member of the board, may receive such compensation as shall be fixed by the board prior to the election of the secretary. If the secretary is absent from any meeting or refuses to perform his or her duties, a member
of the board shall be appointed secretary pro tempore.
(Source: P.A. 103-278, eff. 7-28-23.)
|
110 ILCS 805/3-11
(110 ILCS 805/3-11) (from Ch. 122, par. 103-11)
Sec. 3-11.
The board of each community college district is a body politic
and
corporate by the name of "Board of Trustees of Community College District
No. ...., County (or Counties) of .... and State of Illinois" or "Board of
Trustees of .... (common name of community college), County (or Counties) of
..... and State of Illinois" and by that
name may sue and be sued in all courts and places where judicial
proceedings are had. The State Board shall issue a number to each community
college district, which number may be incorporated in the name of the
board of that district. In conducting its operations, a community college may refer to itself by the common name of the community college.
(Source: P.A. 100-533, eff. 9-22-17.)
|
110 ILCS 805/3-12
(110 ILCS 805/3-12) (from Ch. 122, par. 103-12)
Sec. 3-12.
(Repealed).
(Source: P.A. 86-469. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-12.1
(110 ILCS 805/3-12.1) (from Ch. 122, par. 103-12.1)
Sec. 3-12.1.
(Repealed).
(Source: P.A. 78-669. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-12.2
(110 ILCS 805/3-12.2) (from Ch. 122, par. 103-12.2)
Sec. 3-12.2.
(Repealed).
(Source: P.A. 78-981; 78-1297. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-13
(110 ILCS 805/3-13) (from Ch. 122, par. 103-13)
Sec. 3-13.
Unless otherwise provided in this Act, the forming of any
territory into a community college district shall become effective upon the
date of organization of the community college board. Provided, that an
existing community college located within the territory shall continue
operation under its board and the tax levying authority shall likewise
continue until such time as the new community college district begins the
operation of its program of studies and thereafter any existing community
college board in the territory shall cease to operate the community college
and the new community college district shall succeed to all assets,
receivables and liabilities of the existing community college district at
the time the new community college board is ready to begin the operation of
its program of studies.
(Source: P.A. 86-469.)
|
110 ILCS 805/3-14
(110 ILCS 805/3-14) (from Ch. 122, par. 103-14)
Sec. 3-14.
Subject to the limits imposed by this Article, the rates for any
community college district may be increased at a regular scheduled
election held in accordance with the general election law, after the
establishment of that district. At any regular scheduled election, the
proper election authorities shall submit to the electors, after the
proposition has been certified to them by the board of the community
college district, a proposition for an increase of the authorized annual
levy for educational purposes not to exceed .125% and for operations and
maintenance of facilities purposes not to exceed .05%.
A community college board may within the limits set forth in Section
3-1 of this Act and in the manner provided in this Article levy a
maximum annual tax upon all the taxable property of the district upon
its value, as equalized or assessed by the Department of Revenue. Within
the limits provided in this Section, the
community college board may annually levy the tax for operation
and maintenance of facilities purposes
and the purchase of sites so that funds may accumulate to not more than
5% of the equalized assessed valuation of the district. Accumulated funds
may be used for building purposes as defined in Section 5-2. No such
accumulation may be transferred or used for any other purpose.
(Source: P.A. 85-1335.)
|
110 ILCS 805/3-14.1
(110 ILCS 805/3-14.1) (from Ch. 122, par. 103-14.1)
Sec. 3-14.1.
Form of ballot and notice.
Whenever any proposition to authorize or
to levy an annual tax, or to increase the annual rate of tax levied by any
community college district, including a community college district to which
Article VII applies, for any community college purpose is submitted to the
voters of such district at any election, each required notice or other
publication of the election or referendum and the form of ballot shall contain,
in addition to any other matters required by law:
(a) the geographic or other common name of the community college
district by which that district is commonly known and referred to, as well
as the number of the district;
(b) the maximum rate at which such tax may be levied if the proposition is approved; and
(c) if the proposition is to increase the annual rate of an existing tax
levied by the community college district, then in addition to the matters
set forth in (a) and (b) above, the annual rate at which such existing tax
currently is levied and the percentage of increase between the maximum rate
at which such tax may be levied if the proposition is approved and the
annual rate at which such tax currently is levied.
(Source: P.A. 85-374.)
|
110 ILCS 805/3-14.2
(110 ILCS 805/3-14.2) (from Ch. 122, par. 103-14.2)
Sec. 3-14.2.
In addition to any other tax levies authorized by law,
the board of a community college district (1) whose boundaries are entirely
within a county with a population in excess of 2 million persons and (2)
which was organized as a public junior college prior to October 1, 1973,
and (3) whose existence was validated by an Act filed with the Secretary of
State on May 31, 1937, may levy an additional tax upon the taxable property
of the district in any year in which the State Board issues a certificate
of eligibility to do so. The additional tax may be used to increase the
total taxing authority of the district to the rate of 23.54 cents per $100 of
equalized assessed value for educational and operations, building and
maintenance purposes.
In order to be eligible to levy the additional tax as provided herein,
the district shall have been eligible to receive equalization grants
pursuant to Section 2-16.02 for each of the five fiscal years in
the period 1984 to 1988.
The additional amount certified by the State Board to be levied shall not
exceed the combined increases in the educational and operations, building
and maintenance purposes funds authorized in Section 3-14. The State Board
shall notify the board of trustees of the community college district of its
eligibility to levy additional taxes as authorized in this Section and the
amount of such levy, by November 1, 1988.
A resolution, adopted pursuant to the provisions of the Open Meetings
Act, which expresses the district's intent to levy such a tax, or a portion
thereof, when accompanied by the State Board certificate of eligibility,
shall be the authority for the county clerk or clerks to extend such a tax.
The district board shall cause a copy of the resolution to be published
in one or more newspapers published in the district within 10 days after
such levy is made. If no newspaper is published in the district, the
resolution shall be published in a newspaper having general circulation within
the district. The publication of the resolution shall include a notice of
(1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the tax levy be submitted to the
voters of the district; (2) the time within which the petition must be filed;
and (3) the date of the prospective referendum. The district secretary
shall provide a petition form to any individual requesting one.
If within 30 days of the adoption of such additional levy, a petition is
filed with the secretary of the board of trustees, signed by not less than
10% of the voters of the district, requesting that the proposition to levy
such additional taxes as authorized by this Section be submitted to the
voters of the district, then the district shall not be authorized to levy
such additional taxes as permitted by this Section until the proposition
has been submitted to and approved by a majority of the voters voting on
the proposition at a regularly scheduled election in the manner provided in
the general election law. The secretary shall certify the proposition to
the proper election authority for submission to the voters. If no such
petition with the requisite number of signatures and which is otherwise
valid is filed within such 30 day period, then the district shall thereafter be
authorized to levy such additional taxes as provided and for the purposes
expressed in this Section.
(Source: P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-14.3
(110 ILCS 805/3-14.3) (from Ch. 122, par. 103-14.3)
Sec. 3-14.3.
In addition to any other tax levies authorized by law,
the board of a community college district may levy an additional tax upon
the taxable property of the district in any year in which the State Board
issues a certificate of eligibility to do so. The additional tax may be
used to increase the total taxing authority of the district to the most
recently reported statewide average actual levy rate in cents per $100 of
equalized assessed value for educational and operations and maintenance
purposes as certified by the State Board.
In order to be eligible to levy the additional tax as provided herein,
the district shall have been eligible to receive equalization grants
pursuant to Section 2-16.02 in the year of
eligibility certification or in
the previous fiscal year.
The additional amount certified by the State Board to be levied shall not
exceed the combined increases in the educational and operations and
maintenance purposes funds authorized in Section 3-14. The State Board shall notify
the board of trustees of the community college district of its eligibility
to levy additional taxes as authorized in this Section and the amount of
such levy, by November 1 of each year.
A resolution, adopted annually pursuant to the provisions of the Open
Meetings Act, which expresses the district's intent to levy such a tax, or
a portion thereof, when accompanied by the State Board certificate of
eligibility, shall be the authority for the county clerk or clerks to
extend such a tax. Within 10 days after adoption of such resolution,
the district shall cause to be published the resolution in at least one or
more newspapers published in the district. The publication of the
resolution shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the proposition of the adoption
of the resolution be submitted to the voters of the district; (2) the time
in which the petition must be filed; and (3) the date of the prospective
referendum. The secretary shall provide a petition form to any individual
requesting one.
If within 30 days of the annual adoption of such additional levy, a
petition is filed with the secretary of the board of trustees, signed by
not less than 10% of the registered voters of the district, requesting that
the proposition to levy such additional taxes as authorized by this Section
be submitted to the voters of the district, then the district shall not be
authorized to levy such additional taxes as permitted by this Section until
the proposition has been submitted to and approved by a majority of the
voters voting on the proposition at a regularly scheduled election in the
manner provided in the general election law. The secretary shall certify
the proposition to the proper election authority for submission to the
voters. If no such petition with the requisite number of signatures and
which is otherwise valid is filed within such 30 day period, then the
district shall be authorized to levy such additional taxes as provided for
the purposes expressed in this Section.
(Source: P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-15
(110 ILCS 805/3-15) (from Ch. 122, par. 103-15)
Sec. 3-15.
(Repealed).
(Source: Repealed by P.A. 88-322.)
|
110 ILCS 805/3-16 (110 ILCS 805/3-16) (from Ch. 122, par. 103-16) Sec. 3-16. The academic term of community college districts shall be determined by the community college board in accordance with rules adopted by the State Board. However, days within such term designated for the purpose of enrollment, testing, orientation or examination of students and all days on which scheduled classes are held shall be considered as days of student attendance. Classes may be held on Saturdays, notwithstanding any other provisions of this Act. (Source: P.A. 103-940, eff. 8-9-24.) |
110 ILCS 805/3-17
(110 ILCS 805/3-17) (from Ch. 122, par. 103-17)
Sec. 3-17.
The community college districts shall admit all students
qualified to
complete any one of their programs including general education, transfer,
occupational, technical, and terminal, as long as space for effective
instruction is available. After entry, the college shall counsel and
distribute the students among its programs according to their interests and
abilities. Students allowed entry in college transfer programs must have
ability and competence similar to that possessed by students admitted to
state universities for similar programs. Entry level competence to such
college transfer programs may be achieved through successful completion of
other preparatory courses offered by the college. If space is not available
for all students applying, the community college will accept those best
qualified, using rank in class and ability and achievement tests as guides,
and shall give preference to students residing in the district unless the
district has entered into a contractual agreement for the mutual exchange
of students with another community college district, in which case, equal
enrollment preference may be granted to students residing in such
contracting districts.
A student who has graduated from high school and has scored within the
community college's accepted range on the ACT or SAT shall not be required to
take a high school equivalency test as a prerequisite
to
admission.
(Source: P.A. 98-718, eff. 1-1-15 .)
|
110 ILCS 805/3-18
(110 ILCS 805/3-18) (from Ch. 122, par. 103-18)
Sec. 3-18.
Community college boards shall appoint a treasurer to serve at the
pleasure of the board. The treasurer may not be a member of the community
college board. The board of the community college district shall fix the
compensation of the treasurer.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-19 (110 ILCS 805/3-19) (from Ch. 122, par. 103-19) Sec. 3-19. Before entering upon his duties, each treasurer shall execute a bond with 2 or more persons having an interest in real estate who are not members of the board of the district, or with a surety company authorized to do business in this State, as sureties, payable to the board of the community college district for which he is treasurer and conditioned upon the faithful discharge of his duties. The penalty of the bond shall be 25% of the amount of all bonds, notes, mortgages, moneys, and effects of which the treasurer is to have custody, whether individuals act as surety or whether the surety is given by a surety authorized to do business in this State. The penalty of the bond of the treasurer shall be increased or decreased from time to time, as the increase or decrease of the amount of notes, bonds, mortgages, moneys and effects may require. The bond must be approved by at least a majority of the board of the community college district. A copy of the bond must be filed with the county clerk of each county in which any part of the community college district is situated. The bond shall be in substantially the following form: STATE OF ILLINOIS) ) SS. .......... COUNTY) We, .... and .... are obligated, jointly and severally, to the Board of Community College District No. ...., County (or Counties) of .... and State of Illinois in the penal sum of $...., for the payment of which we obligate ourselves, our heirs, executors and administrators. Dated (insert date). The condition of this obligation is such that if ...., treasurer in the district above stated, faithfully discharges the duties of his or her office, according to law, and delivers to his or her successor in office, after that successor has qualified by giving bond as provided by law, all moneys, books, papers, securities and property, which shall come into his or her possession or control, as such treasurer, from the date of his or her bond to the time that his or her successor has qualified as treasurer, by giving such bond as is required by law, then this obligation to be void; otherwise to remain in full force and effect. Signed:.....................
............................
............................
............................
Approved and accepted by Board of Community College District No. .... County (or Counties) of .... and State of Illinois. By .... Chairman .... Secretary No part of any State or other district funds may be paid to any treasurer or other persons authorized to receive it unless the treasurer has filed his or her bond as required herein. (Source: P.A. 103-940, eff. 8-9-24.) |
110 ILCS 805/3-19.1
(110 ILCS 805/3-19.1) (from Ch. 122, par. 103-19.1)
Sec. 3-19.1.
When any warrant issued for the wages of an educational
employee is presented to the treasurer and is not paid for want of funds,
the treasurer shall endorse it over his signature, "not paid for want of
funds", with the date of presentation, and shall make and keep a record of
that endorsement. The warrant shall thereafter bear interest at the rate of
6% per annum, until the treasurer notifies the chairman
of the board in
writing that he has funds to pay it. The treasurer shall make and keep a
record of that notice and hold the funds necessary to pay the warrant until
it is presented. The warrant shall draw no interest after notice is given
to the chairman of the board.
(Source: P.A. 82-622.)
|
110 ILCS 805/3-20
(110 ILCS 805/3-20) (from Ch. 122, par. 103-20)
Sec. 3-20.
The community college board, except a board to which Article VII
applies, shall prepare and adopt a budget in the manner provided in this
Article.
The amount of money to be raised by taxes for the community college
district, except a district to which Article VII applies, shall be levied,
extended, certified, and collected in the manner provided in this Article
and tax anticipation warrants may be issued in the manner provided in
Section 3-20.10.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-20.1
(110 ILCS 805/3-20.1) (from Ch. 122, par. 103-20.1)
Sec. 3-20.1.
The board of each community college district shall within or before the
first quarter of each fiscal year, adopt an annual budget which it deems
necessary to defray all necessary expenses and liabilities of the district,
and in such annual budget shall specify the objects and purposes of each
item and amount needed for each object or purpose. The board of each community college district shall file a written or electronic copy of the annual budget with the State Board.
The budget shall contain a statement of the cash on hand at the
beginning of the fiscal year, an estimate of the cash expected to be
received during such fiscal year from all sources, an estimate of the
expenditures contemplated for such fiscal year, and a statement of the
estimated cash expected to be on hand at the end of such year. The estimate
of taxes to be received may be based upon the amount of actual cash
receipts that may reasonably be expected by the district during such fiscal
year, estimated from the experience of the district in prior years and with
due regard for other circumstances that may substantially affect such
receipts. Nothing in this Section shall be construed as requiring any
district to change or preventing any district from changing from a cash
basis of financing to a surplus or deficit basis of financing; or as
requiring any district to change or preventing any district from changing
its system of accounting.
The board of each community college district shall fix a fiscal year. If
the beginning of the fiscal year of a district is subsequent to the time
that the tax levy for such fiscal year shall be made, then such annual
budget shall be adopted prior to the time such tax levy shall be made.
Such budget shall be prepared in tentative form by some person or
persons designated by the board, and in such tentative form shall be made
conveniently available to public inspection for at least 30 days prior to
final action thereon. At least one public hearing shall be held as to such
budget prior to final action thereon. Notice of availability for public
inspection and of such public hearing shall be given by publication in a
newspaper published in such district, at least 30 days prior to the time of
such hearing. If there is no newspaper published in such district, notice
of such public hearing shall be given by publication in a newspaper having general circulation within the district. It shall be the duty of the
secretary of the board to make the tentative budget available to public
inspection, and to arrange for such public hearing. The board may from time
to time make transfers between the various items in any fund not exceeding
in the aggregate 10% of the total of such fund as set forth in the budget. The board may amend the annual budget from time to time at a regular meeting of the board if public notice of any amendment is provided pursuant to the Open Meetings Act.
(Source: P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-20.2
(110 ILCS 805/3-20.2) (from Ch. 122, par. 103-20.2)
Sec. 3-20.2.
Whenever the voters of a community college district have
voted in favor of an increase in the annual tax rate for educational or
operation and maintenance of facilities purposes or both at an election
held after the adoption of the annual community college budget for any
fiscal year, the board may adopt or pass during that fiscal year an
additional or supplemental budget under the sole authority of this Section
by a vote of a majority of the full membership of the board, any other
provision of this Article to the contrary notwithstanding, in and by which
such additional or supplemental budget the board shall appropriate such
additional sums of money as it may find necessary to defray expenses and
liabilities of that district to be incurred for educational or operation
and maintenance of facilities purposes or both of the district during that
fiscal year, but not in excess of the additional funds estimated to be
available by virtue of such voted increase in the annual tax rate for
educational or operation and maintenance of facilities purposes
or both. Such additional or supplemental budget shall be regarded as an
amendment of the annual community college budget for the fiscal year in
which it is adopted, and the board may levy the additional tax for
educational or operation and maintenance of facilities purposes or both to
equal the amount of the additional sums of money appropriated in that
additional or supplemental budget, immediately.
(Source: P.A. 85-1335.)
|
110 ILCS 805/3-20.3
(110 ILCS 805/3-20.3) (from Ch. 122, par. 103-20.3)
Sec. 3-20.3.
Any sum expended or obligations incurred for the improvement,
maintenance, repair or benefit of buildings and property, including the
cost of interior decorating and the installation, improvement, repair,
replacement and maintenance of building fixtures, for the rental of
buildings and property for community college purposes, or for the payment
of all premiums for insurance upon buildings and building fixtures shall be
paid from the tax levied for operation and maintenance of facilities purposes
and the purchase of college grounds. The board may provide by resolution
that the payment of all salaries of janitors, engineers or other custodial
employees and all costs of fuel, lights, gas, water, telephone service, and
custodial supplies and equipment or the cost of a professional survey of
the conditions of school buildings, or any one or more of the preceding
items shall be paid from the tax levied for operation and maintenance of
facilities purposes and the purchase of college grounds in which event such
salaries or specified costs, or both, shall be so paid until the next
fiscal year after the repeal of such resolution. Expenditures for all
purposes not specified in this Section or Section 3-14 shall be made
from the educational fund.
(Source: P.A. 85-1335.)
|
110 ILCS 805/3-20.3.01
(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
Sec. 3-20.3.01. Whenever, as a result of any lawful order of any agency,
other than a local community college board, having authority to enforce any
law or regulation designed for the protection, health or safety of community
college students, employees or visitors, or any law or regulation for the
protection and safety of the environment, pursuant to the "Environmental
Protection Act", any local community college district, including any district
to which Article VII of this Act applies, is required to alter or repair
any physical facilities, or whenever any district determines that it is
necessary for energy conservation, health or safety, environmental
protection or accessibility purposes that any physical
facilities should be altered or repaired and that such alterations or
repairs will be made with funds not necessary for the completion of
approved and recommended projects for fire prevention and safety, or
whenever after the effective date of this amendatory Act of
1984 any district, including any district to which Article VII applies,
provides for alterations or repairs determined by the local community
college board to be necessary for health and safety, environmental
protection, accessibility or energy conservation purposes, such
district may, by proper resolution which specifically identifies the
project and which is adopted pursuant to the provisions of the Open
Meetings Act, levy a tax for the purpose of paying for such alterations or
repairs, or survey by a licensed architect or engineer, upon the equalized
assessed value of all the taxable property of the district at a rate not to
exceed .05% per year for a period sufficient to finance such alterations or
repairs, upon the following conditions:
(a) When in the judgment of the local community | | college board of trustees there are not sufficient funds available in the operations and maintenance fund of the district to permanently pay for such alterations or repairs so ordered, determined as necessary.
|
|
(b) When a certified estimate of a licensed architect
| | or engineer stating the estimated amount that is necessary to make the alterations or repairs so ordered or determined as necessary has been secured by the local community college district.
|
|
The filing of a certified copy of the resolution or ordinance levying the
tax shall be the authority of the county clerk or clerks
to extend such tax; provided, however, that in no event shall the extension
for the current and preceding years, if any, under this Section be greater
than the amount so approved, and interest on bonds issued pursuant to this
Section and in the event such current extension and preceding extensions
exceed such approval and interest, it shall be reduced proportionately.
The county clerk of each of the counties in which any community college
district levying a tax under the authority of this Section is located, in
reducing raised levies, shall not consider any such tax as a part of the
general levy for community college purposes and shall not include the same
in the limitation of any other tax rate which may be extended. Such tax
shall be levied and collected in like manner as all other taxes of
community college districts.
The tax rate limit hereinabove specified in this Section may be increased
to .10% upon the approval of a proposition to effect such increase by a
majority of the electors voting on that proposition at a regular scheduled
election. Such proposition may be initiated by resolution of the local
community college board and shall be certified by the secretary of the
local community college board to the proper election authorities for
submission in accordance with the general election law.
Each local community college district authorized to levy any tax pursuant
to this Section may also or in the alternative by proper resolution or
ordinance borrow money for such specifically identified purposes not in
excess of $4,500,000 in the aggregate at any one time when
in the judgment
of the local community college board of trustees there are not sufficient
funds available in the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered or determined as
necessary and a certified estimate of a licensed architect or engineer
stating the estimated amount has been secured by
the local community college district, and as evidence of such
indebtedness may issue bonds without referendum. However, Community College District No. 522 and Community College District No. 536 may or in the alternative by proper resolution or
ordinance borrow money for such specifically identified purposes not in
excess of $20,000,000 in the aggregate at any one time when
in the judgment
of the community college board of trustees there are not sufficient
funds available in the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered or determined as
necessary and a certified estimate of a licensed architect or engineer
stating the estimated amount has been secured by
the community college district, and as evidence of such
indebtedness may issue bonds without referendum. Such bonds shall bear
interest at a rate or rates authorized by "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set forth
therein", approved May 26, 1970, as now or hereafter amended, shall mature
within 20 years from date, and shall be signed by the chairman, secretary
and treasurer of the local community college board.
In order to authorize and issue such bonds the local community college
board shall adopt a resolution fixing the amount of bonds, the date thereof,
the maturities thereof and rates of interest thereof, and the board by such
resolution, or in a district to which Article VII applies the city council
upon demand and under the direction of the board by ordinance, shall provide
for the levy and collection of a direct annual tax upon all the taxable
property in the local community college district sufficient to pay the
principal and interest on such bonds to maturity. Upon the filing in the
office of the county clerk of each of the counties in which the community
college district is located of a certified copy of such resolution or
ordinance it is the duty of the county clerk or clerks to extend the tax
therefor without limit as to rate or amount and in addition to and in
excess of all other taxes heretofore or hereafter authorized to be levied
by such community college district.
The State Board shall set through administrative rule regulations and specifications
for minimum requirements for the construction, remodeling or rehabilitation
of heating, ventilating, air conditioning, lighting, seating, water supply,
toilet, accessibility, fire safety and any other matter that
will conserve, preserve or provide for the protection and the health or
safety of individuals in or on community college property and will conserve
the integrity of the physical facilities of the district.
This Section is cumulative and constitutes complete authority for the
issuance of bonds as provided in this Section notwithstanding any other
statute or law to the contrary.
(Source: P.A. 99-143, eff. 7-27-15; 99-655, eff. 7-28-16.)
|
110 ILCS 805/3-20.4
(110 ILCS 805/3-20.4) (from Ch. 122, par. 103-20.4)
Sec. 3-20.4.
The county clerk shall furnish the board of any community college
district, upon request, a certificate showing the last ascertained equalized,
assessed value of the taxable property of the district.
When a community college district lies partly in 2 or more counties,
the county clerk of each county in which any part of such district lies
shall furnish, upon request, to the board of the district, a certificate
showing the last ascertained equalized, assessed
value of the taxable
property in that part of the district lying in such county.
When making out the tax books for the collector, the county clerk
shall compute each taxable person's tax in each district upon the total
equalized, assessed value of taxable property for that year,
located in such district, whether belonging to residents or
non-residents. Such computation shall be made so as to
realize the amount
of money required to be raised in such district, as shown in the
certificate of tax levy, made out by the governing body of such
district, and filed with the county clerk as required by this Act. The
county clerk shall cause each person's tax, so computed, to be set upon
the tax book to be delivered to the collector for that year, in a
separate column against each taxpayer's name, or parcel of taxable
property, as it appears in the collector's books, to be collected in the
same manner, and at the same time, and by the same person, as State and
county taxes are collected. He shall number the community college
districts on the maps in his office to correspond with the numbers of
districts as designated by the State Board under Section 3-11, and in
making up the tax books to be delivered to the collector of taxes, the
county clerk shall copy therein the number of the districts set opposite
each person's assessment of personal property by the assessor making the
assessment of such person, and shall extend the tax on each person's
assessment of personal property. The computation of each person's tax
and the extension made by the clerk shall be final and conclusive. The
rate shall be uniform, and shall not exceed that required by the amount
certified by the board. The county clerk, before delivering the tax book
to the collector, shall make and send by mail to each treasurer of a
community college district in the county a certificate of the amount due
his district or districts from the tax so extended and placed on the tax
books.
(Source: P.A. 80-1332.)
|
110 ILCS 805/3-20.5
(110 ILCS 805/3-20.5) (from Ch. 122, par. 103-20.5)
Sec. 3-20.5.
The board of each community college district shall
ascertain, as near as practicable, annually, how much money must be raised
by special tax for educational purposes and for operations and maintenance
of facilities purposes for the next ensuing year. Such amounts shall be
certified and returned to the county clerk on or before the last Tuesday in
December, annually. The certificate shall be signed by the chairman and
secretary, and may be in the following form:
CERTIFICATE OF TAX LEVY
We hereby certify that we require the sum of .... dollars to be levied
as a special tax for educational purposes, and the sum of .... dollars to
be levied as a special tax for operations and maintenance of facilities
purposes, on the equalized assessed value of the taxable property of our
district, for the year (insert year).
Signed on (insert date).
A .... B ...., Chairman
C .... D ...., Secretary
Community College Dist. No. ...., .... County (or Counties)
An amended certificate may be filed by the community college board within
10 days of receipt of official notification from the county clerk of the
multiplier that will be applied to assessed value of the taxable property
of the district, provided such multiplier will alter the amount of revenue
received by the district from either local or State sources.
A failure by the board to file the certificate with the county clerk in
the time required shall not vitiate the assessment.
(Source: P.A. 100-863, eff. 8-14-18.)
|
110 ILCS 805/3-20.6
(110 ILCS 805/3-20.6) (from Ch. 122, par. 103-20.6)
Sec. 3-20.6.
When a district lies partly in two or more counties the
board shall ascertain, as near as practicable, the amount to be raised by
special tax for educational and operations and
maintenance of facilities purposes and shall
prepare a certificate for each county in which the community college
district lies and shall deliver one of such certificates to each of the
county clerks of the counties in which a part of the district is situated.
On the first Monday of October, annually, or as soon thereafter as may be
practicable, each county clerk shall ascertain the total equalized
valuation of all the taxable property in that part of the district as lies
in his county, and certify the amount thereof to the county clerk of each
of the other counties in which any part of the district lies; and from the
aggregate of such equalized valuation and from the certificate of the
amount so required to be levied, such clerk shall ascertain the rate per
cent required to produce in the district the amount of such levy, and at
that rate shall extend the special tax to be levied for educational
purposes and operations and maintenance of facilities purposes in that part
of the district lying in his respective county.
(Source: P.A. 85-1335.)
|
110 ILCS 805/3-20.7
(110 ILCS 805/3-20.7) (from Ch. 122, par. 103-20.7)
Sec. 3-20.7.
(Repealed).
(Source: P.A. 78-669. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-20.8
(110 ILCS 805/3-20.8) (from Ch. 122, par. 103-20.8)
Sec. 3-20.8.
Within 30 days after the delinquent date for the payment of any tax or
installment thereof and after the delivery of the tax books containing the
computation and levy of the taxes, or as soon thereafter as the community
college treasurer shall present the certificate of the amount of the tax
and make a demand therefor, the collector shall pay to the treasurer the
full amount of the tax certified by the county clerk, or if any part
remains uncollected, the collector shall, in addition to the amount
collected, deliver to the treasurer a statement of the amount of
uncollected taxes for his district or districts, taking his receipt
therefor, which receipt shall be evidence in favor of the collector as
against the treasurer.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-20.9
(110 ILCS 805/3-20.9) (from Ch. 122, par. 103-20.9)
Sec. 3-20.9.
If any collector fails to pay the taxes or any part thereof, the
community college treasurer or other authorized person may proceed against
him and his sureties in a civil action upon his official bond in the
circuit court. The collector so in default shall pay 12% of the amount due
to be assessed as damages, which shall be included in the judgment rendered
against him. If he can show that any part of the taxes could not be
collected by law, he shall not be liable for such taxes until he has
collected, or may be able to collect them.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-20.10
(110 ILCS 805/3-20.10) (from Ch. 122, par. 103-20.10)
Sec. 3-20.10.
When there is no money in the treasury of any community
college district to defray the necessary expenses of the district,
including amounts necessary to pay maturing principal and interest of
bonds, the board may issue warrants, or may provide a fund to meet the
expenses by issuing and disposing of warrants, drawn against and in
anticipation of any taxes levied for the payment of the necessary expenses
of the district, either for educational purposes or for all operations and
maintenance of facilities purposes, or for the payment of maturing
principal and interest of bonds, as the case may be, to the extent of 85%
of the total amount of the tax so levied. The warrants shall show upon
their face that they are payable in the numerical order of their issuance
solely from such taxes when collected, and shall be received by any
collector of taxes in payment of the taxes against which they are issued,
and such taxes shall be set apart and held for their payment.
Every warrant shall bear interest, payable only out of the taxes
against which it is drawn, at a rate not exceeding
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, if
issued before July 1, 1971 and if issued thereafter at the rate of not
to exceed
the maximum rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, from the date of its issuance until
paid or
until notice shall be given by publication in a newspaper or otherwise
that the money for its payment is available and that it will be paid on
presentation, unless a lower rate of interest is specified therein, in
which case the interest shall be computed and paid at the lower rate.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 86-4.)
|
110 ILCS 805/3-21
(110 ILCS 805/3-21) (from Ch. 122, par. 103-21)
Sec. 3-21. The board of community college districts shall have the duties
enumerated in the Sections following this Section and preceding Section 3-30.
Notwithstanding any provision of this Article to the contrary, when
bonds are issued by any district and the purposes for which such bonds have
been issued have been accomplished and paid for in full and there remains
funds on hand in such bond and interest account, the board by resolution
may transfer such excess to the fund of the district which bears the
nearest relation to the purpose for which the bonds from which such excess
funds arose were issued.
(Source: P.A. 94-587, eff. 8-15-05.)
|
110 ILCS 805/3-22
(110 ILCS 805/3-22) (from Ch. 122, par. 103-22)
Sec. 3-22.
To maintain records to substantiate all claims for state
apportionment in accordance with regulations prescribed by the State Board
and to retain such records for a period of 3 years.
(Source: Laws 1967, p. 1229.)
|
110 ILCS 805/3-22.1
(110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1)
Sec. 3-22.1.
To cause an audit to be made as of the end of each fiscal year
by an accountant licensed to practice public accounting in Illinois and
appointed by the board. The auditor shall perform his or her examination in
accordance with generally accepted auditing standards and regulations
prescribed by the State Board, and submit his or her report thereon in
accordance
with generally accepted accounting principles. The examination and report
shall include a verification of student enrollments and any other bases
upon which claims are filed with the State Board. The audit report shall
include a statement of the scope and findings of the audit and a
professional opinion signed by the auditor. If a professional opinion is
denied by the auditor he or she shall set forth the reasons for that
denial. The
board shall not limit the scope of the examination to the extent that the
effect of such limitation will result in the qualification of the auditor's
professional opinion. The procedures for payment for the expenses of the
audit shall be in accordance with Section 9 of the Governmental Account
Audit Act.
Copies of the audit report shall be
filed with the State Board in
accordance with regulations prescribed by the State Board.
(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-22.2
(110 ILCS 805/3-22.2) (from Ch. 122, par. 103-22.2)
Sec. 3-22.2.
To publish annually a financial statement in accordance with
rules and regulations issued by the State Board. Such statement shall be
published at least once in a newspaper of general circulation
in the community college district.
(Source: P.A. 79-304.)
|
110 ILCS 805/3-22.3
(110 ILCS 805/3-22.3) (from Ch. 122, par. 103-22.3)
Sec. 3-22.3.
(Repealed).
(Source: P.A. 85-1420. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-23
(110 ILCS 805/3-23) (from Ch. 122, par. 103-23)
Sec. 3-23.
To provide for the revenue necessary to maintain such community college.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-24
(110 ILCS 805/3-24) (from Ch. 122, par. 103-24)
Sec. 3-24.
To designate the treasurer who is to receive the taxes of the
district and to notify the collectors in writing accordingly.
(Source: Laws 1965, p. 1529.)
|
110 ILCS 805/3-25
(110 ILCS 805/3-25) (from Ch. 122, par. 103-25)
Sec. 3-25.
To adopt and enforce all necessary rules for the management and
government of the colleges of its district.
(Source: Laws 1965, p. 1529.)
|
110 ILCS 805/3-25.1
(110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)
Sec. 3-25.1.
To authorize application to the State
Board for the
approval of new units of instruction, research, or public service as defined
in this Section and to establish such new units following approval
in
accordance with the provisions of this Act and the Board of Higher Education
Act.
The term "new unit of instruction, research, or public service" includes
the establishment of a college, school, division, institute, department,
or other unit including majors and curricula in any field of instruction,
research, or public service not theretofore included in the program of the
community college, and includes the establishment of any new branch or campus
of the institution. The term shall not include reasonable and moderate
extensions
of existing curricula, research, or public service programs which have a
direct relationship to existing programs; and the State Board may, under
its rulemaking power, define the character of reasonable and moderate
extensions.
(Source: P.A. 100-884, eff. 1-1-19; 101-81, eff. 7-12-19.)
|
110 ILCS 805/3-25.2
(110 ILCS 805/3-25.2) (from Ch. 122, par. 103-25.2)
Sec. 3-25.2.
Armed forces recruiting and training.
(a) To provide, on an equal basis, access to the campus to
the official recruiting representatives of the armed forces of Illinois
and the United States for the purpose of informing students of the educational
and career opportunities available in the military if the board has provided
such access to persons or groups whose purpose is to acquaint students with
educational or occupational opportunities available to them. The board
is not required to give greater notice regarding the right of access to
recruiting representatives than is given to other persons and groups.
(b) To not bar or exclude from its curriculum, campus, or school
facilities any armed forces training program or organization operated under
the authority of the United States government because the program or
organization complies with rules, regulations, or policies of the United
States government or any agency, branch, or department thereof.
(Source: P.A. 92-651, eff. 7-11-02.)
|
110 ILCS 805/3-26
(110 ILCS 805/3-26) (from Ch. 122, par. 103-26)
Sec. 3-26.
(a) To make appointments and fix the salaries of a
chief administrative officer, who shall be the executive
officer of the board, other administrative personnel and all teachers.
In making these appointments and fixing the salaries, the board may
make no discrimination on account of sex, race, creed, color or national origin.
(b) Upon the written request of an employee, to
withhold from the compensation of that employee the membership
dues of such employee
payable to any specified labor organization
as defined in the Illinois Educational Labor Relations Act. Under such
arrangement, an amount shall be withheld for each regular payroll period
which is equal to the prorata share of the annual membership dues plus
any payments or contributions and the
board shall pay such withholding to the specified labor organization
within 10 working days from the time of the withholding.
(Source: P.A. 83-1014.)
|
110 ILCS 805/3-26.1
(110 ILCS 805/3-26.1) (from Ch. 122, par. 103-26.1)
Sec. 3-26.1.
Any employee of a community college board who is a member
of any reserve component of the United States Armed Services,
including the Illinois National Guard, and who is mobilized to active
military duty on or after August 1, 1990 shall for each pay period beginning on or
after August 1, 1990 continue to receive the same regular compensation
that he receives or was receiving as an employee of the community college
board at the time he is or was so mobilized to active military duty, plus
any health insurance and other benefits he is or was receiving or accruing
at that time, minus the amount of his base pay for military service, for
the duration of his active military service. If the employee's active military duty commences on or after the effective date of this amendatory Act of the 100th General Assembly, the military duty shall not result in the loss or diminishment of any employment benefit, service credit, or status accrued at the time the duty commenced.
In the event any provision of a collective bargaining agreement or any
community college board or district policy covering any employee so ordered
to active duty is more generous than the provisions contained in this
Section the collective bargaining agreement or community college board or
district policy shall be controlling.
(Source: P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-26.5 (110 ILCS 805/3-26.5)
Sec. 3-26.5. Students called to active military service. A community college shall allow a currently enrolled student who is called to active military service to complete any unfinished courses at a later date at no additional charge, unless course credit has already been given or the student received a full refund upon withdrawing from the course (in which case the student's record shall reflect that the withdrawal is due to active military service). The student must be given priority over other students in reenrolling in the course or courses. The Board may adopt any rules necessary to implement this Section.
(Source: P.A. 94-587, eff. 8-15-05.) |
110 ILCS 805/3-27
(110 ILCS 805/3-27) (from Ch. 122, par. 103-27)
Sec. 3-27.
To pay no orders except for teachers' wages unless at the time there are
sufficient funds in the hands of the treasurer to pay such order, except as
herein provided.
(a) It shall be lawful for the board to submit to the treasurer a
certified copy of the board minutes properly signed by the secretary and
chairman or by a majority of the Board, showing all bills approved for
payment by the Board and clearly showing to whom and for what purpose each
payment is to be made by the treasurer and to what budgetary item each
payment shall be debited and such certified copy shall serve as full
authority to the treasurer to make the payments as thus approved; this
shall not preclude the use of a voucher system, or any other system of
sound accounting and business procedure, provided that such system reflects
the facts and that the same is in accordance with the regulations
prescribed by or approved by the State Board.
(b) It shall be lawful for the Board by resolution to establish
revolving funds provided such funds are in the custody of an employee who
shall be bonded as provided in Section 3-19 for bonding treasurers and who
shall be responsible to the Board and the treasurer, subject to regular
annual audit by licensed public accountants and other such examinations as
the Board shall deem advisable and kept in accordance with regulations
prescribed by the State Board. A monthly report and annual summary of all
receipts and expenditures of the fund shall be submitted to the Board and
the treasurer. All funds advanced by the treasurer to operate the revolving
funds shall be carried on the treasurer's books as cash obligations due the
district and all receipts of such revolving funds shall be deposited daily
in a bank or savings and loan association to be approved by the treasurer,
unless there is no bank or savings and loan association in the
community, in which event receipts shall be deposited intact not less than
once a week in a bank or savings and loan association approved by the
treasurer. All reimbursements to any
such revolving funds from the district funds shall be completely itemized
as to whom paid, for what purpose, and against what budgetary item the
expenditure is chargeable.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(c) The Board shall establish rules and regulations governing conditions
under which classes, clubs, and associations may acquire or collect funds
in the name of any college and under such regulations as the State Board
may prescribe.
(Source: P.A. 83-541.)
|
110 ILCS 805/3-27.1 (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1) Sec. 3-27.1. Contracts. To award all contracts for purchase of supplies, materials or work involving an expenditure in excess of $25,000 or a lower amount as required by board policy to the lowest responsible bidder considering conformity with specifications, terms of delivery, quality, and serviceability; after due advertisement, except the following: (a) contracts for the services of individuals possessing a high degree of professional skill where the ability or fitness of the individual plays an important part; (b) contracts for the printing of finance committee reports and departmental reports; (c) contracts for the printing or engraving of bonds, tax warrants and other evidences of indebtedness; (d) contracts for materials and work which have been awarded to the lowest responsible bidder after due advertisement, but due to unforeseen revisions, not the fault of the contractor for materials and work, must be revised causing expenditures not in excess of 10% of the contract price; (e) contracts for the maintenance or servicing of, or provision of repair parts for, equipment which are made with the manufacturer or authorized service agent of that equipment where the provision of parts, maintenance, or servicing can best be performed by the manufacturer or authorized service agent; (f) purchases and contracts for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and inter-connect equipment, software, and services; (g) contracts for duplicating machines and supplies; (h) contracts for the purchase of natural gas when the cost is less than that offered by a public utility; (i) purchases of equipment previously owned by some entity other than the district itself; (j) contracts for repair, maintenance, remodeling, renovation, or construction, or a single project involving an expenditure not to exceed $50,000 and not involving a change or increase in the size, type, or extent of an existing facility; (k) contracts for goods or services procured from another governmental agency; (l) contracts for goods or services which are economically procurable from only one source, such as for the purchase of magazines, books, periodicals, pamphlets and reports, and for utility services such as water, light, heat, telephone or telegraph; (m) where funds are expended in an emergency and such emergency expenditure is approved by 3/4 of the members of the board; and (n) contracts for the purchase of perishable foods and perishable beverages. All competitive bids for contracts involving an expenditure in excess of $25,000 or a lower amount as required by board policy must be sealed by the bidder and must be opened by a member or employee of the board at a public bid opening at which the contents of the bids must be announced. Each bidder must receive at least 3 days' notice of the time and place of such bid opening. For purposes of this Section due advertisement includes, but is not limited to, at least one public notice at least 10 days before the bid date in a newspaper published in the district, or if no newspaper is published in the district, in a newspaper of general circulation in the area of the district. Electronic bid submissions shall be considered a sealed document for competitive bid requests if they are received at the designated office by the time and date set for receipt for bids. Electronic bid submissions must be authorized by specific language in the bid documents in order to be considered and must be opened in accordance with electronic security measures in effect at the community college at the time of opening. Unless the electronic submission procedures provide for a secure receipt, the vendor assumes the risk of premature disclosure due to submission in an unsealed form. The provisions of this Section do not apply to guaranteed energy savings contracts entered into under Article V-A. The provisions of this Section do not prevent a community college from complying with the terms and conditions of a grant, gift, or bequest that calls for the procurement of a particular good or service, provided that the grant, gift, or bequest provides all funding for the contract, complies with all applicable laws, and does not interfere with or otherwise impair any collective bargaining agreements the community college may have with labor organizations. (Source: P.A. 103-940, eff. 8-9-24.) |
110 ILCS 805/3-27.2
(110 ILCS 805/3-27.2) (from Ch. 122, par. 103-27.2)
Sec. 3-27.2.
To participate in joint purchases by governmental units pursuant to "An
Act authorizing certain governmental units to purchase personal property,
supplies and services jointly", approved August 15, 1961, as amended.
(Source: P.A. 78-488 .)
|
110 ILCS 805/3-27.3
(110 ILCS 805/3-27.3) (from Ch. 122, par. 103-27.3)
Sec. 3-27.3.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
|
110 ILCS 805/3-28
(110 ILCS 805/3-28) (from Ch. 122, par. 103-28)
Sec. 3-28.
To adopt regulations for the admission of students which do not conflict
with the provisions in Section 3-17.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-29
(110 ILCS 805/3-29) (from Ch. 122, par. 103-29)
Sec. 3-29.
To indemnify and protect board members and employees
of boards against civil rights damage claims and suits, constitutional
rights damage claims and suits, death, bodily injury and property damage claims and
suits, including defense thereof, when damages are sought for alleged
negligent or wrongful acts while such board member or employee is engaged in the exercise or performance of any powers or duties
of the board, or is acting within the scope of employment or under the
direction of the community college board.
To insure against any loss or liability of the district or board
members and employees of boards against civil rights
damage claims and suits, constitutional rights damage claims and suits and
death, bodily injury and property damage claims and suits, including defense thereof,
when damages are sought for alleged negligent or wrongful acts while such
board member or employee is engaged in the exercise
or performance of any powers or duties of the board, or is acting within the scope of
employment or under the direction of the board. Such insurance shall be
carried in a company licensed to write such coverage in this State.
(Source: P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-29.1
(110 ILCS 805/3-29.1) (from Ch. 122, par. 103-29.1)
Sec. 3-29.1.
To grant to full time teachers and other employees sick
leave not less in amount than 10 days at full pay in each school year.
If any such teacher or employee does not use the full amount of annual leave
thus allowed, the unused amount shall accumulate to a minimum available
leave of 180 days at full pay, including the leave of the current year.
(Source: P.A. 83-735.)
|
110 ILCS 805/3-29.1a (110 ILCS 805/3-29.1a) Sec. 3-29.1a. Family and medical leave coverage. A community college employee who has been employed by the community college district for at least 12 months and who has worked at least 1,000 hours in the previous 12-month period shall be eligible for family and medical leave under the same terms and conditions as leave provided to eligible employees under the federal Family and Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22 .) |
110 ILCS 805/3-29.2
(110 ILCS 805/3-29.2) (from Ch. 122, par. 103-29.2)
Sec. 3-29.2.
To establish a program to assess the oral English
language proficiency of all persons providing classroom instruction to
students at each community college and campus thereof under the
jurisdiction, governance or supervision of the board, and to ensure that
each person who is not orally proficient in the English language attain
such proficiency prior to providing any classroom instruction to students.
The program required by this Section shall be fully implemented to ensure
the oral English language proficiency of all classroom instructors at each
community college and campus thereof under the jurisdiction, governance
or supervision of the board by the beginning of the 1987-88 academic year.
Any other provisions of this Section to the contrary notwithstanding,
nothing in this Section shall be deemed or construed to apply to, or to
require such oral English language proficiency of any person who provides
classroom instruction to students in foreign language courses only.
(Source: P.A. 84-1434.)
|
110 ILCS 805/3-29.3 (110 ILCS 805/3-29.3)
Sec. 3-29.3. Sexual assault awareness education. A community college shall provide some form of sexual assault awareness education to all incoming students, whether through a seminar, online training, or some other way of informing students.
(Source: P.A. 95-764, eff. 1-1-09.) |
110 ILCS 805/3-29.4 (110 ILCS 805/3-29.4)
Sec. 3-29.4. Buildings available for emergency purposes. The board shall make mutually agreed buildings of the college available for emergency purposes, upon the request of the Illinois Emergency Management Agency, the State-accredited emergency management agency with jurisdiction, or the American Red Cross, and cooperate in all matters with the Illinois Emergency
Management Agency, local emergency management agencies, State-certified, local public health departments, the American Red Cross, and
federal agencies concerned with emergency preparedness and response.
(Source: P.A. 96-57, eff. 7-23-09; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.) |
110 ILCS 805/3-29.5 (110 ILCS 805/3-29.5) Sec. 3-29.5. Veterans' Day; moment of silence. If a community college holds any type of event at the community college on November 11, Veterans' Day, the board shall require a moment of silence at that event to recognize Veterans' Day.
(Source: P.A. 96-84, eff. 7-27-09; 96-1000, eff. 7-2-10.) |
110 ILCS 805/3-29.6 (110 ILCS 805/3-29.6) Sec. 3-29.6. Faculty and staff contact with public officials. All faculty and staff members of a community college are free to communicate their views on any matter of private or public concern to any member of the legislative, executive, or judicial branch of government, State or federal, without notice to or prior approval of the community college, so long as they do not represent that they are speaking for or on behalf of the community college.
(Source: P.A. 96-147, eff. 8-7-09; 96-1000, eff. 7-2-10.) |
110 ILCS 805/3-29.7 (110 ILCS 805/3-29.7) Sec. 3-29.7. Faculty and staff political displays. A community college may not prohibit any faculty or staff member from (i) displaying political buttons, stickers, or patches while on community college property, provided that such display by any member of the faculty in an instructional setting is for a purpose relevant to the subject of instruction; (ii) attending a partisan political rally, provided that the employee is not on duty; or (iii) displaying a partisan bumper sticker on his or her motor vehicle.
(Source: P.A. 96-148, eff. 8-7-09; 96-1000, eff. 7-2-10.) |
110 ILCS 805/3-29.8 (110 ILCS 805/3-29.8) Sec. 3-29.8. Administrator and faculty salary and benefits; report. Each board of trustees shall report to the State Board, on or before August 1 of each year, the base salary and benefits of the president or chief executive officer of the community college and all administrators, faculty members, and instructors employed by the community college district. For the purposes of this Section, "benefits" includes without limitation vacation days, sick days, bonuses, annuities, and retirement enhancements. (Source: P.A. 103-940, eff. 8-9-24.) |
110 ILCS 805/3-29.9 (110 ILCS 805/3-29.9) Sec. 3-29.9. American Sign Language courses. To adopt regulations for the awarding of academic credit for the successful completion of any American Sign Language course offered or approved by a community college, which may be applied toward the satisfaction of any foreign language requirements of the community college, except for those requirements related to the content of a student's academic major.
(Source: P.A. 96-843, eff. 6-1-10; 97-333, eff. 8-12-11.) |
110 ILCS 805/3-29.10 (110 ILCS 805/3-29.10) Sec. 3-29.10. Priority enrollment; service member or veteran. (a) For the purposes of this Section: "Service member" means a resident of this State who is a member of any component of the U.S. Armed Forces, including any reserve component, or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States and who is eligible to receive military educational benefits. "Veteran" means a resident of this State who was a service member and who has received an honorable discharge, a general discharge, or an other than honorable discharge. (b) A board shall give the earliest possible enrollment opportunity that a community college offers to a service member or veteran. (c) The priority enrollment provided pursuant to this Section shall apply to enrollment for all degree and certificate programs offered by a community college after the student's eligibility to receive benefits has been verified by the community college.
(Source: P.A. 98-316, eff. 1-1-14.) |
110 ILCS 805/3-29.11 (110 ILCS 805/3-29.11) Sec. 3-29.11. Southwestern Illinois College dual credit program. Notwithstanding any provisions of this Act to the contrary, East St. Louis School District 189 is encouraged to allow students in grades 11 and 12 to take classes at Southwestern Illinois College for dual credit at no cost to the student.
(Source: P.A. 100-190, eff. 1-1-18 .) |
110 ILCS 805/3-29.12 (110 ILCS 805/3-29.12) Sec. 3-29.12. Black History course. Subject to Section 7 of the Board of Higher Education Act, every community college shall offer a course studying
the events of Black History, including the history of the African slave trade, slavery in America, and the vestiges of slavery in this country. These events shall include not only the
contributions made by individual African-Americans in government and in the
arts, humanities, and sciences to the economic, cultural, and political
development of the United States and Africa, but also the socio-economic
struggle that African-Americans experienced collectively in striving to
achieve fair and equal treatment under the laws of this nation. The
taking of this course shall constitute an affirmation by students of
their commitment to respect the dignity of all races and peoples and to
forever eschew every form of discrimination in their lives and careers. A community college may meet the requirements of this Section by offering an online course.
(Source: P.A. 100-634, eff. 1-1-19 .) |
110 ILCS 805/3-29.13 (110 ILCS 805/3-29.13) Sec. 3-29.13. Mental health resources. For the 2020-2021 academic year and for each academic year thereafter, each community college district must make available to its students information on all mental health and suicide prevention resources available at the community college.
(Source: P.A. 101-217, eff. 1-1-20.) |
110 ILCS 805/3-29.14
(110 ILCS 805/3-29.14)
Sec. 3-29.14. Modification of athletic or team uniform permitted. (a) A board must allow a student athlete to modify his or her athletic or team uniform due to the observance of modesty in clothing or attire in accordance with the requirements of his or her religion or his or her cultural values or modesty preferences. The modification of the athletic or team uniform may include, but is not limited to, the wearing of a hijab, an undershirt, or leggings. If a student chooses to modify his or her athletic or team uniform, the student is responsible for all costs associated with the modification of the uniform and the student shall not be required to receive prior approval from the board for such modification. However, nothing in this Section prohibits the community college from providing the modification to the student. (b) At a minimum, any modification of the athletic or team uniform must not interfere with the movement of the student or pose a safety hazard to the student or to other athletes or players. The modification of headgear is permitted if the headgear: (1) is black, white, the predominant color of the | | uniform, or the same color for all players on the team;
|
| (2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
| | (4) has no opening or closing elements around the
| | (5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; 102-813, eff. 5-13-22.)
|
110 ILCS 805/3-29.14a
(110 ILCS 805/3-29.14a)
Sec. 3-29.14a. Availability of menstrual hygiene products. (a) In this Section, "menstrual hygiene products" means tampons and sanitary napkins for use in connection with the menstrual cycle. (b) Each board shall make menstrual hygiene products available, at no cost to students, in the bathrooms of facilities or portions of facilities that (i) are owned or leased by the board or over which the board has care, custody, and control and (ii) are used for student instruction or administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; 102-813, eff. 5-13-22.)
|
110 ILCS 805/3-29.16
(110 ILCS 805/3-29.16)
Sec. 3-29.16. Adjunct professor; status of class. (a) At least 30 days before the beginning of a semester or term and again at 14 days before the beginning of the semester or term, a community college must notify an adjunct professor about the status of class enrollment of the class the adjunct professor was assigned to teach. (b) This Section does not apply if the Governor has declared a disaster due to a public health emergency or a natural disaster pursuant to Section 7 of the Illinois Emergency Management Agency Act. (c) Collective bargaining agreements that are in effect on January 1, 2022 (the effective date of Public Act 102-260) are exempt from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; 102-813, eff. 5-13-22.)
|
110 ILCS 805/3-29.17
(110 ILCS 805/3-29.17)
Sec. 3-29.17. Undocumented Student Liaison; Undocumented Student Resource Center. (a) Beginning with the 2022-2023 academic year, a board shall designate an employee as an Undocumented Student Resource Liaison to be available on campus to provide assistance to undocumented students and mixed status students within the United States in streamlining access to financial aid and academic support to successfully matriculate to degree completion. The Undocumented Student Liaison shall provide assistance to vocational students, undergraduate students,
and professional-track students. An employee who is designated as an Undocumented Student Liaison must be knowledgeable about current legislation and policy changes through professional development with the Illinois Dream Fund Commission to provide the wrap-around services to such students. The Illinois Dream Fund Commission shall conduct professional development under this Section. The Illinois Dream Fund Commission's task force on immigration issues and the Undocumented Student Liaison shall ensure that undocumented immigrants and students from mixed status households receive equitable and inclusive access to the community college district's retention and matriculation programs. The board shall ensure that an Undocumented Student Liaison is available at each campus of the community college district. The Undocumented Student Liaison must be placed in a location that provides direct access for students in collaboration with the retention and matriculation programs of the community college district. The Undocumented Student Liaison shall report directly to senior leadership and shall assist leadership with the review of policies and procedures that directly affect undocumented and mixed status students. An Undocumented Student Liaison may work on outreach efforts to provide access to resources and support within the grade P-20 education pipeline by supporting summer enrichment programs and pipeline options for students in any of grades 9 through 12. (b) A board is encouraged to establish an Undocumented Student Resource Center on each campus of the community college district. An Undocumented Student Resource Center may offer support services, including, but not limited to, State and private financial assistance, academic and career counseling, and retention and matriculation support services, as well as mental health counseling options because the changing immigration climate impacts a student's overall well-being and success. An Undocumented Student Resource Center may be housed
within an existing student service center or academic center, and the new construction of an Undocumented Student Resource Center is not required under this Section. The board may seek and accept any financial support through institutional advancement, private gifts, or donations to aid in the creation and operation of and the services provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
110 ILCS 805/3-29.18
(110 ILCS 805/3-29.18)
Sec. 3-29.18. Students with disabilities. (a) Each community college district shall provide access to higher education for students with disabilities, including, but not limited to, students with intellectual or developmental disabilities. Each community college is encouraged to offer for-credit and non-credit courses as deemed appropriate for the individual student based on the student's abilities, interests, and postsecondary transition goals, with the appropriate individualized supplementary aids and accommodations, including general education courses, career and technical education, vocational training, continuing education certificates, individualized learning paths, and life skills courses for students with disabilities. (b) Each community college is strongly encouraged to have its disability services coordinator or the coordinator's representative participate either in person or remotely in meetings held by high schools within the community college district to provide information to the student's individualized education program team, including the student and the student's parent or guardian, about the community college and the availability of courses and programs at the community college.
(Source: P.A. 102-516, eff. 8-20-21; 102-813, eff. 5-13-22.)
|
110 ILCS 805/3-29.19
(110 ILCS 805/3-29.19)
Sec. 3-29.19. Personal support worker's attendance in class permitted. If a student of a community college district has a personal support worker through the Home-Based Support Services Program for Adults with Mental Disabilities under the
Developmental Disability and Mental Disability Services Act, the board must permit the personal support worker to attend class with the student but is not responsible for providing or paying for the personal support worker. If the personal support worker's attendance in class is solely to provide personal support services to the student, the board may not charge the personal support worker tuition and fees for such attendance.
(Source: P.A. 102-568, eff. 8-23-21; 102-813, eff. 5-13-22.)
|
110 ILCS 805/3-29.20 (110 ILCS 805/3-29.20) Sec. 3-29.20. Benefits navigator. (a) In this Section: "Benefits navigator" means an individual who is designated by a community college for the purpose of helping students at the community college determine eligibility for benefit programs and identify campuswide and community resource support. "Benefit program" means any federal, State, or local program that provides assistance or benefits to individuals on the basis of need. (b) A community college shall: (1) designate a benefits navigator who has a detailed | | understanding of eligibility requirements for benefit programs and campuswide and community resource support;
|
| (2) provide training for the benefits navigator; and
(3) participate in a statewide community college
| | consortium, facilitated by the State Board, for the purpose of facilitating communication between benefits navigators at different institutions and developing best practices for benefits navigators.
|
| (c) The benefits navigator designated under this Section shall:
(1) assist students at the community college in
| | determining eligibility for benefit programs and identifying campuswide and community resource support;
|
| (2) use the consortium under paragraph (3) of
| | subsection (b) of this Section to coordinate with benefits navigators at other public institutions of higher education for the purpose of collecting data and developing best practices for helping students apply for and receive assistance from benefit programs; and
|
| (3) coordinate and provide culturally specific
| | resources, including resources for non-English speakers, to support students at the community college.
|
| (d) The community college, in consultation with the benefits navigator designated under this Section, shall develop an internal process to enable students at the community college to provide feedback and recommendations on how the community college can better assist students in determining eligibility for benefit programs and applying for assistance under benefit programs.
(Source: P.A. 102-1045, eff. 1-1-23; 103-154, eff. 6-30-23.)
|
110 ILCS 805/3-29.23 (110 ILCS 805/3-29.23)
Sec. 3-29.23. COVID-19 sick leave. For purposes of this Section, "employee" means a person employed by a community college or community college district on or after April 5, 2022 (the effective date of Public Act 102-697). Any sick leave used by an employee of a community college or community college district during the 2021-2022 academic year shall be returned to an employee of the community college or community college district who receives all doses required to be fully vaccinated against COVID-19, as defined in Section 3-29.25 of this Act, if: (1) the sick leave was taken because the employee was | | restricted from being on community college district property because the employee:
|
| (A) had a confirmed positive COVID-19 diagnosis
| | via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
|
| (B) had a probable COVID-19 diagnosis via an
| | (C) was in close contact with a person who had a
| | confirmed case of COVID-19 and was required to be excluded from community college district property; or
|
| (D) was required by the community college or
| | community college district policy to be excluded from community college district property due to COVID-19 symptoms; or
|
| (2) the sick leave was taken to care for a child of
| | the employee who was unable to attend elementary or secondary school because the child:
|
| (A) had a confirmed positive COVID-19 diagnosis
| | via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
|
| (B) had a probable COVID-19 diagnosis via an
| | (C) was in close contact with a person who had a
| | confirmed case of COVID-19 and was required to be excluded from school; or
|
| (D) was required by the school or school district
| | policy to be excluded from school district property due to COVID-19 symptoms.
|
| Leave shall be returned to an employee pursuant to this Section provided that the employee has received all required doses to meet the definition of "fully vaccinated against COVID-19" under Section 3-29.25 of this Act no later than 5 weeks after April 5, 2022 (the effective date of Public Act 102-697).
The community college district may not rescind any sick leave returned to an employee of the community college or community college district on the basis of a revision to the definition of "fully vaccinated against COVID-19" by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or the Department of Public Health, provided that the employee received all doses required to be fully vaccinated against COVID-19, as defined in Section 3-29.25 of this Act, at the time the sick leave was returned to the employee.
(Source: P.A. 102-697, eff. 4-5-22; 103-154, eff. 6-30-23.)
|
110 ILCS 805/3-29.25 (110 ILCS 805/3-29.25) Sec. 3-29.25. COVID-19 paid administrative leave. (a) In this Section: "Employee" means a person employed by a community college or community college district on or after the effective date of this amendatory Act of the 102nd General Assembly. "Fully vaccinated against COVID-19" means: (1) 2 weeks after receiving the second dose in a | | 2-dose series of a COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration; or
|
| (2) 2 weeks after receiving a single dose of a
| | COVID-19 vaccine authorized for emergency use, licensed, or otherwise approved by the United States Food and Drug Administration.
|
| "Fully vaccinated against COVID-19" also includes any recommended booster doses for which the individual is eligible upon the adoption by the Department of Public Health of any changes made by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services to the definition of "fully vaccinated against COVID-19" to include any such booster doses. For purposes of this Section, individuals who are eligible for a booster dose but have not received a booster dose by 5 weeks after the Department of Public Health adopts a revised definition of "fully vaccinated against COVID-19" are not considered fully vaccinated for determining eligibility for future paid administrative leave pursuant to this Section.
(b) During any time when the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and a community college district, the State or any of its agencies, or a local public health department has issued guidance, mandates, or rules related to COVID-19 that restrict an employee of a community college or community college district from being on community college district property because the employee (i) has a confirmed positive COVID-19 diagnosis via a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19, (ii) has a probable COVID-19 diagnosis via an antigen diagnostic test, (iii) has been in close contact with a person who had a confirmed case of COVID-19 and is required to be excluded from a community college district, or (iv) is required by a community college or community college district policy to be excluded from community college district property due to COVID-19 symptoms, the employee of a community college or community college district shall receive as many days of administrative leave as required to abide by the public health guidance, mandates, and requirements issued by the Department of Public Health, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative if any. Such leave shall be provided to an employee for any days for which the employee was required to be excluded from community college district property prior to the effective date of this amendatory Act of the 102nd General Assembly, provided that the employee receives all doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly.
(c) An employee of a community college or community college district shall receive paid administrative leave pursuant to subsection (b) of this Section, unless a longer period of paid administrative leave has been negotiated with the exclusive bargaining representative if any, to care for a child of the employee if the child is unable to attend elementary or secondary school because the child:
(1) has a confirmed positive COVID-19 diagnosis via
| | a molecular amplification diagnostic test, such as a polymerase chain reaction (PCR) test for COVID-19;
|
| (2) has probable COVID-19 diagnosis via an antigen
| | (3) was in close contact with a person who has a
| | confirmed case of COVID-19 and is required to be excluded from school; or
|
| (4) was required by school or school district
| | policy to be excluded from school district property due to COVID-19 symptoms.
|
| Such leave shall be provided to an employee for any days needed to care for a child of the employee prior to the effective date of this amendatory Act of the 102nd General Assembly, provided that the employee receives the doses required to meet the definition of "fully vaccinated against COVID-19" under this Section no later than 5 weeks after the effective date of this amendatory Act of the 102nd General Assembly.
(d) An employee of a community college or community college district who is on paid administrative leave pursuant to this Section must provide all documentation requested by the community college or community college district.
(e) An employee of a community college or community college district who is on paid administrative leave pursuant to this Section shall receive the employee's regular rate of pay. The use of a paid administrative leave day or days by an employee pursuant to this Section may not diminish any other leave or benefits of the employee.
(f) An employee of a community college or community college district may not accrue paid administrative leave pursuant to this Section.
(g) For an employee of a community college or community college district to be eligible to receive paid administrative leave pursuant to this Section, the employee must:
(1) have received all doses required to be fully
| | vaccinated against COVID-19; and
|
| (2) participate in the COVID-19 testing program
| | adopted by a community college or community college district to the extent such a testing program requires participation by individuals who are fully vaccinated against COVID-19.
|
| (h) Nothing in this Section is intended to affect any right or remedy under federal law.
(i) No paid administrative leave awarded to or used by a fully vaccinated employee prior to the Department of Public Health's adoption of a revised definition of the term "fully vaccinated against COVID-19" may be rescinded on the basis that the employee no longer meets the definition of "fully vaccinated against COVID-19" based on the revised definition.
(Source: P.A. 102-697, eff. 4-5-22.)
|
110 ILCS 805/3-29.26 (110 ILCS 805/3-29.26) (Text of Section from P.A. 103-749) (This Section may contain text from a Public Act with a delayed effective date ) Sec. 3-29.26. Winter weather emergency closure; educational support services pay. If a campus is closed due to a city, county, or State declaration of a winter weather emergency, the board shall pay to its employees who provide educational support services to the campus, including, but not limited to, custodial employees, building maintenance employees, transportation employees, food service providers, classroom assistants, or administrative staff, their daily, regular rate of pay and benefits rendered for the campus closure if the closure precludes them from performing their regularly scheduled duties and the employee would have reported for work but for the closure; however, this requirement does not apply if the day is rescheduled and the employee will be paid the employee's daily, regular rate of pay and benefits for the rescheduled day when services are rendered. (Source: P.A. 103-749, eff. 1-1-25.) (Text of Section from P.A. 103-1020) Sec. 3-29.26. Enrollment reporting. (a) Annually, on or before October 1, each board shall report to the State Board all of the following student enrollment data: (1) The number of students enrolled at the start of | | the previous academic year.
|
| (2) The number of students enrolled full time at the
| | start of the previous academic year.
|
| (3) The number of students enrolled at the start of
| | the current academic year.
|
| (4) The number of students enrolled full time at the
| | start of the current academic year.
|
| (5) The number of students enrolled in online
| | learning at the start of the previous academic year.
|
| (6) The number of students enrolled in in-person
| | learning at the start of the previous academic year.
|
| (7) The number of students enrolled in online
| | learning at the start of the current academic year.
|
| (8) The number of students enrolled in in-person
| | learning at the start of the current academic year.
|
| (9) The rolling average number of students enrolled
| | over the previous 5 academic years.
|
| (b) The State Board shall post the student enrollment data reported under subsection (a) on its Internet website.
(Source: P.A. 103-1020, eff. 8-9-24.)
|
110 ILCS 805/3-30
(110 ILCS 805/3-30) (from Ch. 122, par. 103-30)
Sec. 3-30.
The board of any community college district has the powers enumerated in
Sections 3-31 through 3-43 of this Act. This enumeration of powers is not exclusive but
the board may exercise all other powers, not inconsistent with this Act,
that may be requisite or proper for the maintenance, operation and
development of any college or colleges under the jurisdiction of the board.
(Source: P.A. 96-269, eff. 8-11-09.)
|
110 ILCS 805/3-31
(110 ILCS 805/3-31) (from Ch. 122, par. 103-31)
Sec. 3-31.
To provide for or participate in provisions for insurance
protection and benefits for its employees and their dependents, including
but not limited to retirement annuities, medical, surgical and hospital
benefits, in such types and amounts as shall be determined by the board for
the purpose of aiding in securing and retaining the services of competent
employees. Such insurance may include provisions for employees and their
dependents who rely on treatment by spiritual means alone through prayer
for healing in accord with the tenets and practices of well-recognized
religious denominations. Where employee participation in such provisions is
involved, the board may with the consent of the employee withhold
deductions from the employee's salary necessary to defray the employee's
share of such insurance cost.
For purposes of this section, the term "dependent" means an employee's
spouse and any unmarried child (1) under the age of 19 years including (a)
an adopted child and (b) a step-child or recognized child who lives with
the employee in a regular parent-child relationship, or (2) under the age
of 23 who is enrolled as a fulltime student in any accredited school,
college or university.
(Source: P.A. 86-1245.)
|
110 ILCS 805/3-31.1
(110 ILCS 805/3-31.1) (from Ch. 122, par. 103-31.1)
Sec. 3-31.1.
To provide, for students and employees, auxiliary services
related to the adequate operation of the college. In exercising this power
the board may provide, purchase, lease or contract for such services.
(Source: Laws 1967, p. 1229.)
|
110 ILCS 805/3-31.2
(110 ILCS 805/3-31.2)
Sec. 3-31.2.
(Repealed).
(Source: P.A. 90-521, eff. 8-22-97. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-32
(110 ILCS 805/3-32) (from Ch. 122, par. 103-32)
Sec. 3-32.
To establish tenure policies for the employment of teachers and
administrative personnel, and the cause for removal.
(Source: P.A. 78-699 .)
|
110 ILCS 805/3-33
(110 ILCS 805/3-33) (from Ch. 122, par. 103-33)
Sec. 3-33.
To borrow money and issue or cause to be issued bonds for the purposes,
and in the manner provided in this Act.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-33.1
(110 ILCS 805/3-33.1) (from Ch. 122, par. 103-33.1)
Sec. 3-33.1.
The board may, by resolution, establish a fund to be known as a "working
cash fund" which shall be maintained and administered for the purpose of
enabling the board to have in its treasury at all times sufficient money to
meet demands thereon for ordinary and necessary expenditures for all
community college purposes.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-33.2
(110 ILCS 805/3-33.2) (from Ch. 122, par. 103-33.2)
Sec. 3-33.2. Bonds for working cash fund. (a) Except as provided in subsection (b) of this Section, in order to create, maintain
or increase such a working
cash fund for the purposes mentioned in Section 3-33.1, the board may incur an
indebtedness for such
purpose and issue bonds therefor from time to time, in an amount or amounts
not exceeding in the aggregate at any one time outstanding 75% of the taxes
permitted to be levied for educational purposes and for operations and
maintenance of facilities purposes for the then current year to be
determined by multiplying the aggregate of the authorized maximum
educational tax rate and the maximum operations and maintenance tax rate
applicable to such district by the last assessed valuation as determined at
the time of the issue of those bonds plus 75% of the last known entitlement
of such district to taxes as by law now or hereafter enacted or amended,
imposed by the General Assembly of the State of Illinois to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois. (b) For a period of 3 years after the effective date of this amendatory Act of the 96th General Assembly, in order to create, maintain,
or increase such a working
cash fund for the purposes mentioned in Section 3-33.1, the board may incur an
indebtedness for such
purpose and issue bonds therefor from time to time, in an amount or amounts
not exceeding in the aggregate at any one time outstanding 150% of the taxes
permitted to be levied for educational purposes and for operations and
maintenance of facilities purposes for the then current year to be
determined by multiplying the aggregate of the authorized maximum
educational tax rate and the maximum operations and maintenance tax rate
applicable to such district by the last assessed valuation as determined at
the time of the issue of those bonds plus 150% of the last known entitlement
of such district to taxes as by law now or hereafter enacted or amended,
imposed by the General Assembly of the State of Illinois to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois. (c) The bonds may be
issued without submitting the question of issuance thereof to the voters of
the community college district for approval. Any bonds issued under this
Section shall bear interest at a rate of not more
the maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, and
shall mature within 20 years from the date of issue. Subject to the
foregoing limitations as to amount, the bonds may be
issued in an amount including existing indebtedness which will exceed any
statutory debt limitation.
(d) With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been supplementary
grants of
power to issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be or to have
been more restrictive than those Acts, (ii)
that the provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond
Acts,
and (iii) that instruments issued under this
Section within the supplementary authority granted by the Omnibus Bond Acts
are not invalid
because of any provision of this Act that may appear to be or to have been
more restrictive than those Acts.
(Source: P.A. 96-912, eff. 6-9-10.)
|
110 ILCS 805/3-33.3
(110 ILCS 805/3-33.3) (from Ch. 122, par. 103-33.3)
Sec. 3-33.3.
Before issuing any bonds under Section 3-33.2, the board shall adopt a
resolution designating the purpose and fixing the amount of the bonds
proposed to be issued, the maturity thereof, the rate of interest thereon
and the amount of taxes to be levied annually for the purpose of paying the
principal and interest.
The bonds shall be issued in the corporate name of the community college
district. They shall be signed by the chairman and secretary of the board.
The bonds shall be sold by the board at not less than par upon such terms
as may be approved by the board after advertisement for bids and the
proceeds thereof shall be received by the treasurer for the uses herein
provided.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-33.4
(110 ILCS 805/3-33.4) (from Ch. 122, par. 103-33.4)
Sec. 3-33.4.
Working cash fund; tax to pay bond principal and interest.
The board by resolution, before or at the time of issuing the bonds, shall
provide for the levy and collection of a direct annual tax upon all the
taxable property within the district sufficient to pay the principal
thereof at maturity and to pay the interest thereon as it falls due, which
tax shall be in addition to the maximum amount of all other taxes, either
educational or operations and maintenance fund taxes, now or hereafter
authorized and in addition to any limitations upon the levy of taxes
provided by this Act. All monies derived from any tax levied pursuant to
this Section when received by the community college treasurer, shall be set
apart in a fund specified by the State Board and used in the manner provided
in this Section. The bonds may be issued redeemable at the option of
the board of the district issuing them on any interest payment date upon
terms and in the manner provided in the bond resolution. Upon the filing in
the office of the county clerk of each county in which any part of the
community college district is situated of a certified copy of such
resolution or ordinance, as the case may be, the county clerk shall extend
the tax therein provided for. The resolution or ordinance, as the case may
be, shall be in force upon its passage.
(Source: P.A. 89-281, eff. 8-10-95.)
|
110 ILCS 805/3-33.5
(110 ILCS 805/3-33.5) (from Ch. 122, par. 103-33.5)
Sec. 3-33.5.
All monies derived from the issuance of bonds under Section
3-33.2 when received by the community college treasurer, shall be set apart
in the working cash fund and used in the manner provided in this Section.
The monies in such fund shall not be regarded as current assets available
for appropriation and may not be appropriated by the board in the annual
community college budget. The board may appropriate monies to the working
cash fund up to the maximum amount allowable in the fund, and the working
cash fund may receive such appropriations and any other contributions. In
order to provide monies with which to meet ordinary and necessary
disbursements for educational and operations and maintenance of facilities
purposes, such monies may be transferred, in whole or in part, to the
educational purposes or operations and maintenance purposes fund of the
board, or to both, and so disbursed therefrom (a) in anticipation of the
collection of that part of the taxes so levied which is in excess of the
amount or amounts thereof required to pay any warrants, and the interest
thereon, theretofore or thereafter issued under this Act, (b) in
anticipation of the receipt by the district of monies from the State,
Federal government or other sources or (c) in anticipation of such taxes,
as by law now or hereafter enacted or amended, imposed by the General
Assembly of the State of Illinois to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois. Such taxes levied or to be received
for educational or operations and maintenance of facilities purposes when
collected shall be applied first to the payment of any such warrants or
notes and the interest thereon and then to the reimbursement of the working
cash fund as hereinafter provided. Such monies from the State, Federal
government and other sources, when received, shall be used to reimburse the
working cash fund to the extent transfers therefrom were made in
anticipation thereof. If taxes in anticipation of the collection of which
such transfers are made are not collected in sufficient amounts to effect a
complete reimbursement of the working cash fund of the amounts transferred
from the working cash fund to the educational fund and operations and
maintenance fund the deficiencies between the amounts thus transferred and
the amounts repaid from collections shall be general obligations of the
educational fund and operations and maintenance fund until repaid either
from taxes in anticipation of which transfers were made or from
appropriations which may be made in annual community college budgets of
sums of money to apply on such general obligations, or until repaid from
both the taxes in anticipation of which such transfers were made and from
appropriations which may be made in annual community college budgets of
sums of money to apply on such general obligations.
(Source: P.A. 85-1335; 86-1246.)
|
110 ILCS 805/3-33.6
(110 ILCS 805/3-33.6) (from Ch. 122, par. 103-33.6)
Sec. 3-33.6.
Monies in the working cash fund may be used for any and all community college purposes and may be transferred in whole or in part from the working cash fund to
the educational fund or operations and maintenance fund only
upon the authority of the board, which shall by resolution direct the
community college treasurer to make such transfers. The resolution shall
set forth (a) the taxes or other funds in anticipation of the collection
or receipt of which the working cash fund is to be reimbursed, (b) the
entire amount of taxes extended, or which the board shall estimate will
be extended or received, for any year in anticipation of the collection
of all or part of which such transfers are to be made, (c) the aggregate
amount of warrants or notes theretofore issued in anticipation of the
collection of such taxes under this Act together with the amount of
interest accrued and which the community college board estimates will
accrue thereon, (d) the amount of monies which the community college
board estimates will be derived for any year from the State, Federal
government or other sources in anticipation of the receipt of all or
part of which such transfer is to be made, (e)
the aggregate amount of receipts from taxes imposed to replace revenue
lost by units of local government and school districts as a result of the
abolition of ad valorem personal property taxes, pursuant to Article IX,
Section 5(c) of the Constitution of the State of Illinois, which the corporate
authorities estimate will be set aside for the payment of the proportionate
amount of debt service and pension or retirement obligations, as required by
Section 12 of "An Act in relation to State Revenue Sharing with local
government entities", approved July 31, 1969, as amended, and (f) the
aggregate amount of monies theretofore transferred from the working cash
fund to the educational fund or operations and maintenance fund in
anticipation of the collection of such taxes or of the receipt of such
other monies from other sources. The amount which the resolution shall
direct the community college treasurer so to transfer in anticipation of
the collection of taxes levied or to be received for any year, together
with the aggregate amount of such anticipation tax warrants or notes
theretofore drawn against such taxes and the amount of the interest
accrued and estimated to accrue thereon,
the amount estimated to be required to satisfy debt service and pension
or retirement obligations, as set forth in Section 12 of "An Act in relation
to State revenue sharing with local government entities", approved July
31, 1969, as amended, and the aggregate amount of such
transfers theretofore made in anticipation of the collection of such
taxes may not exceed 90% of the actual or estimated amount of such taxes
extended or to be extended or to be received as set forth in the
resolution. The amount which the resolution shall direct the community
college treasurer so to transfer in anticipation of the receipt of
monies to be derived for any year from the State, Federal government or
from other sources, together with the aggregate amount theretofore
transferred in anticipation of the receipt of any such monies, may not
exceed the total amount which it is so estimated will be received from
such source. Any community college district may also abolish its working
cash fund upon the adoption of a resolution so providing and directing
the transfer of any balance in such fund to the operating funds at the close of the then-current fiscal year or may abate its working cash fund upon the adoption of a resolution so providing and directing the transfer of part of the balance in such fund to the operating funds at any time. If a
community college district elects to abolish or abate its working cash fund under
this provision, it shall have the authority to increase or again create a working cash fund at any time in the manner
provided by Article III of this Act. When monies are available in the
working cash fund, they shall, unless the community college district has
abolished or abated its working cash fund pursuant to this Section, be transferred
to the educational fund and operations and maintenance fund and
disbursed for the payment of salaries and other educational purposes
and operation and maintenance of facilities purposes expenses so as to
avoid, whenever possible, the issuance of tax anticipation warrants.
Monies earned as interest from the investment of the working cash fund,
or any portion thereof, may be transferred from the working cash fund to
the educational fund or operations and maintenance fund of
the district without any requirement of repayment to the working cash fund,
upon the authority of the board by separate resolution directing the
treasurer to make such transfer and stating the purpose therefor.
(Source: P.A. 103-278, eff. 7-28-23.)
|
110 ILCS 805/3-33.6a (110 ILCS 805/3-33.6a) Sec. 3-33.6a. Abatement of working cash fund. A community college district may abate its working cash fund at any time, upon the adoption of a resolution so providing, and may direct the transfer at any time of moneys in that fund to any fund or funds of the district most in need of the money, provided that the district maintains an amount to the credit of the working cash fund, including amounts transferred pursuant to Section 3-33.6 and to be reimbursed to the working cash fund, at least equal to 0.05% of the then-current value, as equalized or assessed by the Department of Revenue, of the taxable property in the district. If necessary to effectuate the abatement, any outstanding loans to other funds of the district may be paid or become payable to the fund or funds to which the abatement is made.
(Source: P.A. 103-278, eff. 7-28-23.) |
110 ILCS 805/3-33.7 (110 ILCS 805/3-33.7) Sec. 3-33.7. Establishment of lines of credit. The board may establish a line of credit with a bank or other financial institution in an amount not to exceed the following: (1) if anticipating State revenues due in the current | | fiscal year, 85% of the amount or amounts of the revenues due in the current fiscal year, as certified by the Executive Director of the State Board or other official in a position to provide assurances as to the amounts; and
|
| (2) if anticipating State revenues expected to be due
| | in the next subsequent fiscal year, 50% of the amount or amounts of the revenues due in the current fiscal year, as certified by the Executive Director of the State Board or other official in a position to provide assurances as to the amounts.
|
| All moneys so borrowed shall be repaid exclusively from the anticipated revenues within 60 days after the revenues have been received. Borrowing authorized under subdivisions (1) and (2) of this Section shall bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, from the date of issuance until paid.
Prior to establishing a line of credit under this Section, the board shall authorize, by resolution, the line of credit. The resolution shall set forth facts demonstrating the need for the line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed that set forth in this Section, and provide a date by which the borrowed funds must be repaid. The resolution shall direct the relevant officials to make arrangements to set apart and hold the revenue, as received, that will be used to repay the borrowing. In addition, the resolution may authorize the relevant officials to make partial repayments of the borrowing as the revenues become available and may contain any other terms, restrictions, or limitations not inconsistent with the provisions of this Section.
(Source: P.A. 98-719, eff. 1-1-15 .)
|
110 ILCS 805/3-34
(110 ILCS 805/3-34) (from Ch. 122, par. 103-34)
Sec. 3-34.
To authorize the treasurer to make interfund loans from any fund
to any other fund maintained by the board and to make the necessary
transfers therefor, but each such loan must be repaid and retransferred to
the proper fund within one year.
(Source: Laws 1967, p. 1229.)
|
110 ILCS 805/3-35
(110 ILCS 805/3-35)
Sec. 3-35. (Repealed).
(Source: P.A. 93-390, eff. 7-25-03. Repealed by P.A. 96-57, eff. 7-23-09.)
|
110 ILCS 805/3-36
(110 ILCS 805/3-36) (from Ch. 122, par. 103-36)
Sec. 3-36.
To buy one or more sites for college purposes with necessary ground, and
to take and purchase the site for a college site either with or without the
owner's consent, by condemnation or otherwise; to pay the amount of any
award made by a jury in a condemnation proceedings; and to select and
purchase all sites without the submission of the question to any
referendum. Purchases under this Section may be made by contract for deed
when the board considers the use of such a contract to be advantageous to
the district but a contract for deed may not provide for interest on the
unpaid balance of the purchase price at a rate in excess of 6% per year nor
for a period of more than 10 years in which that price is to be paid. Title
to all real estate shall be taken and held in the name of the board of the
community college district.
(Source: P.A. 99-655, eff. 7-28-16.)
|
110 ILCS 805/3-36.5 (110 ILCS 805/3-36.5) Sec. 3-36.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
110 ILCS 805/3-37
(110 ILCS 805/3-37) (from Ch. 122, par. 103-37)
Sec. 3-37.
To build, buy or lease suitable buildings upon a site and issue bonds, in the manner provided in Article IIIA, or enter into an installment loan arrangement with
a financial institution with a payback period of less than 20 years provided
the board has entered into a contractual agreement which provides sufficient
revenue to pay such loan in full from sources other than local taxes, tuition,
or State appropriations and to provide adequate additional operation and
maintenance funding for the term of the agreement, for
the purpose of borrowing money to buy sites and to either or both buy or
build and equip buildings and improvements.
Any provision in a contractual agreement providing for an installment
loan agreement authorized by this Section that obligates the State of Illinois
is against public policy and shall be null and void.
(Source: P.A. 99-655, eff. 7-28-16.)
|
110 ILCS 805/3-38
(110 ILCS 805/3-38) (from Ch. 122, par. 103-38)
Sec. 3-38.
To lease, with or without an option to purchase, for a period
not to exceed 5 years or purchase under an installment contract extending
over a period of not more than 5 years, with interest at a rate not to
exceed 6% per year on the unpaid principal, such apparatus, equipment,
machinery or other personal property as may be required when authorized by
the affirmative vote of 2/3 of the members of the board. To lease for a
period not to exceed 20 years such rooms, buildings and land, or any one or
more of such items, as may be required when authorized by the affirmative
vote of 2/3 of the members of the board. The provisions of this Section do not apply to guaranteed
energy savings contracts or leases entered into under Article V-A.
(Source: P.A. 99-655, eff. 7-28-16.)
|
110 ILCS 805/3-38.1
(110 ILCS 805/3-38.1) (from Ch. 122, par. 103-38.1)
Sec. 3-38.1.
To procure fire and extended coverage insurance on the buildings,
furnishings, machinery, equipment and other personal property used for
community college purposes. To procure liability and other types of
insurance, assurance, and indemnity bonds considered appropriate by the
board. Any insurance must be purchased from a company authorized to write
such insurance in this State.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-38.2
(110 ILCS 805/3-38.2) (from Ch. 122, par. 103-38.2)
Sec. 3-38.2.
To enter into contracts with any municipality or fire protection
district in which any community college buildings are located for the
purpose of reimbursing such fire protection district or municipality for
the additional costs of providing fire fighting equipment, apparatus or
additional paid personnel occasioned by the presence of community college
buildings within the municipality or fire protection district.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-39
(110 ILCS 805/3-39) (from Ch. 122, par. 103-39)
Sec. 3-39.
To accept federal funds when proffered for all types of
instructional programs, for student services and counseling, and for
construction of physical facilities.
(Source: Laws 1965, p. 1529.)
|
110 ILCS 805/3-39.1
(110 ILCS 805/3-39.1) (from Ch. 122, par. 103-39.1)
Sec. 3-39.1.
To
accept gifts, grants or legacies from any source when made
for community college purposes.
(Source: P.A. 83-388.)
|
110 ILCS 805/3-40
(110 ILCS 805/3-40) (from Ch. 122, par. 103-40)
Sec. 3-40.
To enter into contracts or agreements with any organization,
association, educational institution, or governmental agency for
providing educational
services for academic credit. The authority of any community college district to exercise the powers granted under this Section is subject to the prior review and approval of the State Board under subsection (i) of Section 2—12 of this Act.
(Source: P.A. 99-655, eff. 7-28-16; 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-40.1
(110 ILCS 805/3-40.1) (from Ch. 122, par. 103-40.1)
Sec. 3-40.1.
To enter into joint agreements with school boards
to acquire and improve sites, construct and equip facilities thereon and
lease and equip facilities deemed necessary by the parties to
the joint agreement, and to maintain programs and to provide for financing of
the foregoing for advanced vocational
training and career education and to bill each
participating student's school district for an amount equal to the per
capita cost of operating the community college or to charge for
participation in accordance with the joint agreement
between the community
college district and the student's school district under Section 10-22.20a
of "The School Code", as now or hereafter amended.
Nothing herein contained shall be construed to restrict or
prohibit the rights of community college districts or school districts
to enter into joint agreements under the provisions of the Intergovernmental
Cooperation Act, as now or hereinafter amended.
(Source: P.A. 79-76 .)
|
110 ILCS 805/3-40.2
(110 ILCS 805/3-40.2) (from Ch. 122, par. 103-40.2)
Sec. 3-40.2.
(Repealed).
(Source: P.A. 87-1044. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-41
(110 ILCS 805/3-41) (from Ch. 122, par. 103-41)
Sec. 3-41.
To sell at private or public sale any personal or real property
belonging to the district and not needed for community college purposes.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-42
(110 ILCS 805/3-42) (from Ch. 122, par. 103-42)
Sec. 3-42.
To employ such personnel as may be needed, to establish policies
governing their employment and dismissal, and to fix the amount of their
compensation. In the employment, establishment of policies and fixing of
compensation the board may make no discrimination on account of sex, race,
creed, color or national origin.
Residence within any community college district or outside any community
college district shall not be considered:
(a) in determining whether to retain or not retain any employee of a community
college employed prior to July 1, 1977 or prior to the adoption by the community
college board of a resolution making residency within the community college
district of some or all employees a condition of employment, whichever is later;
(b) in assigning, promoting or transferring any employee of a community
college to an office or position employed prior to July 1, 1977 or prior
to the adoption by the community college board of a resolution making residency
within the community college district of some or all employees a condition
of employment, whichever is later; or
(c) in determining the salary or other compensation of any employee of
a community college.
(Source: P.A. 80-248.)
|
110 ILCS 805/3-42.1
(110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)
Sec. 3-42.1. (a) To appoint law enforcement officer and non-law enforcement officer members of the community college district police department or department of public safety. (b) Members of the community college district police department or department of public safety who are law enforcement officers, as defined in the Illinois Police Training Act, shall be peace officers under the laws of this State. As such, law enforcement officer members of these departments shall have all of the powers of police officers in cities and sheriffs in counties, including the power to make arrests on view or on warrants for violations of State statutes and to enforce county or city ordinances in all counties that lie within the community college district, when such is required for the protection of community college personnel, students, property, or interests. Such officers shall have no power to serve and execute civil process. As peace officers in this State, all laws pertaining to hiring, training, retention, service authority, and discipline of police officers, under State law, shall apply. Law enforcement officer members must complete the minimum basic training requirements of a police training school under the Illinois Police Training Act. Law enforcement officer members who
have successfully completed an Illinois Law Enforcement Training Standards Board certified firearms course shall be equipped with appropriate firearms and auxiliary weapons. (c) Non-law enforcement officer members of the community college police, public safety, or security departments whose job requirements include performing patrol and security type functions shall, within 6 months after their initial hiring date, be required to successfully complete the 20-hour basic security training course
required by (i) the Department of Financial and Professional Regulation, Division of Professional Regulation for Security Officers, (ii) by the International Association of College Law Enforcement Administrators, or (iii) campus protection officer training program or a similar course
certified and approved by the Illinois Law Enforcement Training Standards Board. They shall also be permitted to become members of an Illinois State Training Board Mobile Training Unit and shall complete 8 hours in continuing training, related to their specific position of employment, each year. The board may establish reasonable eligibility requirements for appointment and retention of non-law enforcement officer members. All non-law enforcement officer members authorized to carry weapons, other than firearms, shall receive training on the proper deployment and use of force regarding such weapons.
(Source: P.A. 102-558, eff. 8-20-21.)
|
110 ILCS 805/3-42.2
(110 ILCS 805/3-42.2) (from Ch. 122, par. 103-42.2)
Sec. 3-42.2.
(a) To establish parking regulations, to regulate, and
control the speed of, travel on all paths, driveways and roadways which
are owned and maintained by, and within the property of, the community
college district, to prohibit the use of such paths, driveways and
roadways for racing or speeding purposes, to exclude therefrom traffic
and vehicles, and to prescribe such fines and penalties for the
violation of such traffic regulations as cities and villages are allowed
to prescribe for the violation of their traffic ordinances.
(b) To establish such other regulations as are determined to be necessary for the protection of community college students, staff, visitors, properties, and interests or for the proper maintenance, operation, or development of any community college or colleges under the jurisdiction of the board, and to prescribe fines and penalties for the violation of these regulations. (c) Fines and penalties recovered under this Section shall be paid, collected
and used in accordance with the policy of the local community college board.
(d) The local community college board may enforce the provisions of this Section
by use of members of the police department, public safety department, or security department of the community college
or by agreeing in writing with a municipality, county or the State for its
law enforcement officers to provide such enforcement.
(Source: P.A. 96-269, eff. 8-11-09.)
|
110 ILCS 805/3-42.3 (110 ILCS 805/3-42.3)
Sec. 3-42.3. Wind and solar farms. To own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the community college district. The board may ask for the assistance of any State agency, including without limitation the State Board, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.
(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 96-725, eff. 8-25-09.) |
110 ILCS 805/3-42.4 (110 ILCS 805/3-42.4) Sec. 3-42.4. (Repealed).
(Source: P.A. 99-611, eff. 7-22-16. Repealed internally, eff. 7-22-19.) |
110 ILCS 805/3-42.5 (110 ILCS 805/3-42.5) Sec. 3-42.5. Affordable housing for students. The board of trustees of a community college district may develop affordable housing for community college students in coordination with the Housing Authority having jurisdiction of the area where the community college is located.
(Source: P.A. 102-62, eff. 1-1-22 .) |
110 ILCS 805/3-43
(110 ILCS 805/3-43) (from Ch. 122, par. 103-43)
Sec. 3-43.
To grant use of the community college buildings, when not
occupied by the college, for religious meetings, for evening schools and
literary societies, and for such other meetings as the board deems proper;
to grant the use of assembly halls and classrooms and grounds, including
light, heat and attendants, for public lectures, concerts, and other
educational, recreational and social interests, under such provisions and
control as they may see fit to impose and to conduct, or provide for the
conducting of recreational, social and civic activities in the college
buildings or on the college grounds, or both.
(Source: P.A. 86-489.)
|
110 ILCS 805/3-44
(110 ILCS 805/3-44) (from Ch. 122, par. 103-44)
Sec. 3-44.
Notwithstanding any provision of this Act to the contrary all retirement
rights that had accrued to the benefit of a teacher prior to the time the
teacher was first employed by a community college district shall continue
in full force and effect as provided in Article 15 of the Illinois Pension
Code.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-45
(110 ILCS 805/3-45) (from Ch. 122, par. 103-45)
Sec. 3-45.
Notwithstanding any provision of this Article to the contrary a
community college board may require tuition of students as provided in
Section 6-4 of this Act.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-46.1
(110 ILCS 805/3-46.1) (from Ch. 122, par. 103-46.1)
Sec. 3-46.1.
(Repealed).
(Source: P.A. 87-741. Repealed by P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-47
(110 ILCS 805/3-47) (from Ch. 122, par. 103-47)
Sec. 3-47.
Community college funds are public funds within the meaning
of the Public Funds Investment Act and may be invested by the board as provided
in that Act, except as otherwise provided in this Act.
Any community college district, with the approval of its board, is
authorized to enter into agreements of any definite or indefinite term
regarding the deposit, redeposit, investment, reinvestment or withdrawal of
community college funds, including, without limitation, agreements with
other community college districts, agreements with township and school
treasurers authorized by Section 8-7 of the School Code and agreements with
educational service regions authorized by Section 3-9.1 of the School Code.
Each community college district is permitted to (i) combine moneys from
more than one fund of such community college district for the purpose of
investing such funds and (ii) join with other community college districts, with
township and school treasurers and with educational service regions in
investing community college funds, school funds and educational service region
funds. Such joint investments shall be made only in investments authorized by
law for the investment of community college funds or, in the case of
investments made jointly with school and township treasurers and educational
service regions, in investments authorized by law for the investment of
community college funds, school funds and educational service region funds.
When moneys of more than one fund of a single community college district are
combined for investment purposes or when moneys of a community college district
are combined with moneys of other community college districts, school districts
or educational service regions, the moneys combined for such purpose shall be
accounted for separately in all respects, and the earnings from such investment
shall be separately and individually computed and recorded, and credited to the
fund or community college district, school district or
educational service region, as the case may be,
for which the investment was acquired.
(Source: P.A. 87-968.)
|
110 ILCS 805/3-48
(110 ILCS 805/3-48) (from Ch. 122, par. 103-48)
Sec. 3-48. Interest of board member in contracts. (a) Except as otherwise provided in this Section, no community college board member shall be interested, directly
or indirectly, in his own name or in the name of any other person, association,
trust or corporation, in any contract, work, or business of the district
or in the sale of any article, whenever the expense, price, or consideration
of the contract, work, business, or sale is paid either from the treasury
or by any assessment levied by any statute or ordinance. A community college board member shall not be deemed interested if the board member is an employee of a business that is involved in the transaction of business with the district and has no financial interests other than as an employee. Except as otherwise provided in this Section, no community college
board member shall be interested, directly or indirectly, in the purchase
of any property which (1) belongs to the district, or (2) is sold for taxes
or assessments, or (3) is sold by virtue of legal process at the suit of the district.
(b) A board member may provide materials, merchandise, property,
services, or labor, if:
A. the contract is with a person, firm, partnership, | | association, corporation, or cooperative association in which the board member has less than a 7 1/2% share in the ownership; and
|
|
B. such interested board member publicly discloses
| | the nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
|
|
C. such interested board member abstains from voting
| | on the award of the contract, though he shall be considered present for the purposes of establishing a quorum; and
|
|
D. such contract is approved by a majority vote of
| | those board members presently holding office; and
|
|
E. the contract is awarded after sealed bids to the
| | lowest responsible bidder if the amount of the contract exceeds $1500, or awarded without bidding if the amount of the contract is less than $1500; and
|
|
F. the award of the contract would not cause the
| | aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $25,000.
|
|
(c) In addition to the exemptions under subsection (b) of this Section, a board member may provide materials,
merchandise, property, services or labor if:
A. the award of the contract is approved by a
| | majority vote of the board provided that any such interested member shall abstain from voting; and
|
|
B. the amount of the contract does not exceed $250;
| |
C. the award of the contract would not cause the
| | aggregate amount of all such contracts so awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $500; and
|
|
D. such interested member publicly discloses the
| | nature and extent of his interest prior to or during deliberations concerning the proposed award of the contract; and
|
|
E. such interested member abstains from voting on the
| | award of the contract, though he shall be considered present for the purposes of establishing a quorum.
|
|
(d) A contract for the procurement of public utility services by a district
with a public utility company is not barred by this Section by one or more
members of the board being an officer or employee
of the public utility company or holding an ownership interest of no more
than 7 1/2% in the public utility company. A member
of the board having such an interest shall be deemed not to have a prohibited
interest under this Section.
(e) This Section does not prohibit a student member of the board from
maintaining official status as an enrolled student, from maintaining
normal student employment at the college or from receiving scholarships or
grants when the eligibility for the scholarships or grants is not
determined by the board.
(f) Nothing contained in this Section
shall preclude a contract of
deposit of monies, loans or other financial services by a
district with a local bank or local savings and loan association,
regardless of whether a member or members of the community college board
are interested in such bank or savings and loan
association as a director, as an officer or employee or as a holder of less than 7 1/2%
of the total ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested member or
members of the community college board must publicly state the nature and extent
of their interest during deliberations concerning the proposed award of
such a contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the community college board.
(g) Any board member who violates this Section is guilty of a Class 4 felony
and in addition thereto any office held by such person so convicted shall
become vacant and shall be so declared as part of the judgment of the court.
(Source: P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-49
(110 ILCS 805/3-49) (from Ch. 122, par. 103-49)
Sec. 3-49.
Each Board of Trustees of a Community College District
may, at its discretion, appoint an Employment Advisory Board. Such
Employment Advisory Board shall consist of not more than 15
members appointed to terms of 4 years, and their membership shall
include, but not be limited to, representatives of the following groups:
(a) small businesses;
(b) large businesses which employ residents of the | | Community College District;
|
|
(c) governmental units which employ residents of the
| | Community College District;
|
|
(d) non-profit private organizations;
(e) organizations which serve as advocates for
| | persons with disabilities; and
|
|
(f) employee organizations.
(Source: P.A. 99-143, eff. 7-27-15.)
|
110 ILCS 805/3-50
(110 ILCS 805/3-50) (from Ch. 122, par. 103-50)
Sec. 3-50.
The Employment Advisory Board shall, upon its first
meeting, elect one of its members as chairman and another as vice chairman.
A secretary, who may or may not be a member, shall also be elected. A
majority of the Employment Advisory Board shall constitute a quorum.
Members of the Employment Advisory Board shall serve without compensation.
Any vacancies, through resignations or otherwise, shall be filled by the
Community College District Board of Trustees.
(Source: P.A. 85-458.)
|
110 ILCS 805/3-51
(110 ILCS 805/3-51) (from Ch. 122, par. 103-51)
Sec. 3-51.
The Employment Advisory Board shall meet at least once
within each calendar quarter. It shall issue an advisory report, at least
once within each calendar year, to its Community College District Board of
Trustees concerning:
(a) the medium and long-term employment prospects of the
communities comprising their Community College District;
(b) the course and instruction mix most likely to produce community
college graduates, associates and alumni with the job skills necessary for
local employment; and
(c) the practicality of using existing community college employees,
contractors, instructors, professors, classrooms, and facilities to train
and retrain employees of existing public and private enterprises within the
boundaries of their Community College District to enhance their continued
employment skills.
The Employment Advisory Board shall also produce special advisory
reports, upon the request of the chairman or acting chairman of the Board
of Trustees of their Community College District.
(Source: P.A. 85-458.)
|
110 ILCS 805/3-80 (110 ILCS 805/3-80) Sec. 3-80. Remediation data sharing agreement. (a) Beginning January 1, 2024, a community college district, upon a request from the school district of a high school located within the boundaries of the community college district, shall provide individualized disaggregated data on the enrollment of students in community college remediation courses from the most recently completed academic year. A signed remediation data sharing agreement between the school district and the community college district must be entered into before sharing remediation data. (b) The remediation data sharing agreement shall meet all of the following requirements: (1) The agreement shall require that the data be | | individualized by student and that each student record be identified with the student's State identification number and last previous high school within the school district, as provided by the school district.
|
| (2) The agreement shall provide that each student
| | record include, at a minimum, any course codes, the course names or titles, and the academic department for any courses that are in the department or subject area of mathematics, reading, English, or communications or any other course that is designated as remedial.
|
| (3) The agreement shall provide that each student
| | record include, at a minimum, course codes, course names or titles, and the academic department for any courses in any department or subject area in which the student is enrolled for a given term at the community college that are noncredit-bearing courses.
|
| (4) The agreement shall specify the format and method
| | by which the data will be shared with the school district.
|
| (5) The agreement shall provide a timeline for which
| | the required data shall be provided to the school district by the community college district, which must be at least annually and must be within a reasonable amount of time following the end of the academic year.
|
| (6) The agreement shall provide that the data may not
| | be used in the evaluation of licensed educators.
|
| (c) If, within 90 calendar days after the school district's initial request to enter into a remediation data sharing agreement with the community college district under this Section, the school district and the community college district do not reach an agreement on all of the provisions of a remediation data sharing agreement, then the school district and community college district shall jointly implement the provisions of the model remediation data sharing agreement developed under subsection (d) for those provisions for which an agreement could not be reached and shall jointly implement the remaining provisions for which agreement could be reached. A community college district may combine its negotiations with multiple school districts to establish one uniform remediation data sharing agreement to use with all of the school districts with high schools located within the boundaries of the community college district or may negotiate individual remediation data sharing agreements with school districts.
(d) The Illinois Community College Board and the State Board of Education shall develop a model remediation data sharing agreement that may be used by school districts and community college districts under this Section. The model remediation data sharing agreement shall address all of the matters set forth in subsection (b) and shall be completed by January 1, 2024.
(e) The sharing of data under this Section must be in accordance with the requirements of the federal Family Educational Rights and Privacy Act of 1974. Nothing in this Section supersedes the federal Family Educational Rights and Privacy Act of 1974 or rules adopted pursuant to the federal Family Educational Rights and Privacy Act of 1974 or any federal or State laws or rules governing student privacy rights.
(Source: P.A. 103-401, eff. 7-28-23.)
|
110 ILCS 805/3.52
(110 ILCS 805/3.52) (from Ch. 122, par. 103-52)
Sec. 3.52.
Employment Advisory Boards shall be nonpartisan.
Nothing
in this Act shall prevent appointees to Employment Advisory Boards from
also being members of the Board of Trustees, or from being enrolled
community college students, of their Community College District.
(Source: P.A. 85-458.)
|
110 ILCS 805/3-53 (110 ILCS 805/3-53) Sec. 3-53. Private-public partnership boards. (a) In this Section: "Advanced manufacturing technology" means a program of study that leads students to an industry certification, diploma, degree, or combination of these in skills and competencies needed by manufacturers. "Industry certification" means an industry-recognized credential that is (i) industry created, (ii) nationally portable, (iii) third-party-validated by either the International Organization for Standardization or the American National Standards Institute and is data-based and supported. "Institution" means a public high school or community college, including a community college in a community college district to which Article 7 of this Act applies,
that offers instruction in advanced manufacturing technology for credit towards a degree. "Private-public partnership board" means a formal group of volunteers within a community college district that may be comprised of some, but not necessarily all, of the following: local and regional manufacturers, applicable labor unions, community college officials, school district superintendents, high school principals, workforce investment boards, or other individuals willing to participate. (b) The creation of a private-public partnership board is encouraged and may be authorized at each community college. A board, if created, shall meet no less than 5 of the following criteria: (1) be minimally comprised of those entities | | described in subsection (a) of this Section;
|
| (2) be led cooperatively by a manufacturer, a school
| | district superintendent, and a community college president or their designees;
|
| (3) meet no less than twice each State fiscal year;
(4) encourage and define the implementation of
| | programs of study in advanced manufacturing technology to meet the competency and skill demands of manufacturers;
|
| (5) define a minimum of 4 programs of study in
| | advanced manufacturing technology to meet the needs of the broadest number of manufacturers in the area;
|
| (6) encourage formal alignment and dual-credit
| | opportunities for high school students who begin advanced manufacturing technology training to transition to community college programs of study in advanced manufacturing technology; and
|
| (7) establish, as its foundation, the certified
| | production technician credential offered by the Manufacturing Skill Standards Council or its successor entity.
|
|
(Source: P.A. 100-884, eff. 1-1-19 .)
|
110 ILCS 805/3-55
(110 ILCS 805/3-55) (from Ch. 122, par. 103-55)
Sec. 3-55.
Community college boards may form, join and provide for the expenses of
associations of Illinois community college boards formed, in compliance
with this Section, for the purpose of conducting community college board
institutes and otherwise disseminating and interchanging information
regarding community college board problems, duties and responsibilities.
Such an association shall adopt a constitution or by-laws providing for
admission to membership of any community college board whose district lies
wholly or in part within the area covered by the association, providing for
the election of the officers and governing board of the association at an
annual meeting of the association or in some other manner which will insure
to the member boards an equal opportunity to participate in the election,
and providing otherwise for the effective operation of the association on
behalf of the member boards. Within 30 days of the adoption thereof, the
association shall file a copy of the constitution or by-laws, or of any
amendment thereto, with the Governor and with the State Board.
No community college board member may receive any compensation for
services rendered to any such association, whether as an officer or
otherwise, but shall be entitled to reimbursement for expenses necessarily
incurred in the work of the association.
Each association shall perform such duties and exercise such powers as
are provided for employers for purposes of Article 15 of the Illinois
Pension Code.
Within 60 days after the close of its fiscal year annually, each such
association shall make an annual report to the Governor and to the State
Board setting forth the activities of the association for the preceding
fiscal year, the institutes held, the subjects discussed and the
attendance, and shall furnish the Governor and the State Board copies of
all publications sent to members.
(Source: P.A. 78-669 .)
|
110 ILCS 805/3-60 (110 ILCS 805/3-60) Sec. 3-60. Provision of student and social security
information prohibited. (a) A community
college, including its agents, employees, student or alumni organizations, or any affiliates, may not provide a student's name, address,
telephone number, social security number, e-mail address, or other personal
identifying
information
to a
business organization or financial institution that issues credit or debit
cards, unless the student is 21 years of age or older. This prohibition does not apply to service providers of the community college that (i) assist the community college in the electronic disbursement of refunds, including, but not limited to, financial aid refunds, and (ii) do not provide loan or credit services. (b) A community college may not print an individual's social security number on any card or other document required for the individual to access products or services provided by the community college.
(Source: P.A. 96-261, eff. 1-1-10; 96-1391, eff. 7-29-10.) |
110 ILCS 805/3-65 (110 ILCS 805/3-65) Sec. 3-65. Employment contract limitations. (a) This Section applies to employment contracts entered into, amended, renewed, or extended after the effective date of this amendatory Act of the 99th General Assembly. This Section does not apply to collective bargaining agreements. (b) The following apply to any employment contract entered into with an employee of the community college district: (1) Severance under the contract may not exceed one | | year salary and applicable benefits.
|
| (2) A contract with a determinate start and end date
| | (3) The contract may not include any automatic
| | rollover clauses, and all renewals or extensions of contracts must be made during an open meeting of the board.
|
| (4) Public notice, in a form as determined by the
| | State Board, must be given of an employment contract entered into, amended, renewed, or extended and must include a complete description of the action to be taken, as well the contract itself, including all addendums or any other documents that change an initial contract.
|
|
(Source: P.A. 99-482, eff. 9-22-15.)
|
110 ILCS 805/3-70 (110 ILCS 805/3-70) Sec. 3-70. Employment contract transparency. This Section
applies to the employment contracts of the president or all chancellors of the community college entered into, amended,
renewed, or extended after the effective date of this
amendatory Act of the 99th General Assembly. This Section does
not apply to collective bargaining agreements. With respect to
employment contracts entered into with the president or all chancellors of the
community college: (1) Severance payments or contract buyouts may be | | placed in an escrow account if there are pending criminal charges against the president or all chancellors of the community college related to their employment.
|
| (2) Final action on the formation, renewal,
| | extension, or termination of the employment contracts of the president or all chancellors of the community college must be made during an open meeting of the board.
|
| (3) Public notice, compliant with the Open Meetings
| | Act, must be given prior to final action on the formation, renewal, extension, or termination of the employment contracts of the president or all chancellors of the community college and must include a copy of the board item or other documentation providing, at a minimum, a description of the proposed principal financial components of the president's or any chancellor's appointment.
|
| (4) Any performance-based bonus or incentive-based
| | compensation to the president or all chancellors of the community college must be approved by the board in an open meeting. The performance criteria and goals upon which the bonus or incentive-based compensation is based must be made available to the public no less than 48 hours before board approval of the performance-based bonus or incentive-based compensation.
|
| (5) Board minutes, board packets, and annual
| | performance criteria and goals concerning the president or any chancellors must be made available to the public on the community college district's Internet website.
|
|
(Source: P.A. 99-694, eff. 1-1-17 .)
|
110 ILCS 805/3-75 (110 ILCS 805/3-75) Sec. 3-75. Executive accountability. Each board must complete
an annual performance review of the president and all
chancellors of the community college. Such annual performance
reviews must be considered when the board contemplates a bonus,
raise, or severance agreement for the president or chancellor.
(Source: P.A. 99-694, eff. 1-1-17 .) |
|
|
|