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90_HB1180enr
110 ILCS 805/3-22.1 from Ch. 122, par. 103-22.1
Amends the Public Community College Act. Provides that
the board of community college districts shall be required to
file the uniform financial statements from the audit report
(now the audit report) with the State Board.
LRB9002809LDdv
HB1180 Enrolled LRB9002809LDdv
1 AN ACT to amend the Public Community College Act by
2 changing Sections 2-16.02, 3-20.3.01 and 3-22.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Community College Act is amended
6 by changing Sections 2-16.02, 3-20.3.01 and 3-22.1 as
7 follows:
8 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
9 Sec. 2-16.02. Any community college district that
10 maintains a community college recognized by the State Board
11 shall receive, when eligible, grants enumerated in this
12 Section. Funded semester credit hours or other measures as
13 specified by the State Board shall be used to distribute
14 grants to community colleges. Except for equalization grants,
15 retirees health insurance grants, grants to districts
16 established pursuant to Section 6-6.1, and grants for special
17 initiatives, all grants specified in this Section shall be
18 based on funded semester credit hours. Funded semester
19 credit hours shall be defined, for purposes of this Section,
20 as the greater of (1) the number of semester credit hours, or
21 equivalent, in all funded instructional categories of
22 students who have been certified as being in attendance at
23 midterm during the respective terms of the base fiscal year
24 or (2) the average of semester credit hours, or equivalent,
25 in all funded instructional categories of students who have
26 been certified as being in attendance at midterm during the
27 respective terms of the base fiscal year and the 2 prior
28 fiscal years. For purposes of this Section, "base fiscal
29 year" means the fiscal year 2 years prior to the fiscal year
30 for which the grants are appropriated. Such students shall
31 have been residents of Illinois and shall have been enrolled
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1 in courses that are part of instructional program categories
2 approved by the State Board and that are applicable toward an
3 associate degree or certificate. Courses are not eligible
4 for reimbursement where the district receives federal or
5 State financing or both, except financing through the State
6 Board, for 50% or more of the program costs with the
7 exception of courses offered by contract with the Department
8 of Corrections in correctional institutions. After
9 distributing a grant of up to one-tenth of 1% of the total
10 available credit hour grant funding to each district with
11 less than 75,000 funded semester credit hours exclusive of
12 Department of Corrections credit hours, the remaining Credit
13 hour grants shall be paid based on rates per funded semester
14 credit hour or equivalent calculated by the State Board for
15 funded instructional categories using cost of instruction,
16 enrollment, inflation, and other relevant factors. Small
17 district grants, in an amount to be determined by the State
18 Board, shall be made to each district with less than 75,000
19 funded semester credit hours, exclusive of Department of
20 Corrections credit hours.
21 Grants for Equalization grants shall be distributed to
22 each district that falls below a statewide threshold
23 calculated by the State Board by determining a local revenue
24 factor for each district by: (A) adding (1) each district's
25 the Corporate Personal Property Replacement Fund allocations
26 from the base fiscal year or the average of the base fiscal
27 year and prior year, whichever is less, divided by the
28 applicable statewide average tax rate to (2) the district's
29 most recently audited year's equalized assessed valuation or
30 the average of the most recently audited year and prior year,
31 whichever is less, (B) then dividing by the district's number
32 of audited full-time equivalent resident students for the
33 base fiscal year or the average for the base fiscal year and
34 the 2 prior fiscal years, whichever is greater, and (C) then
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1 multiplying by the applicable statewide average tax rate.
2 The State Board shall calculate a statewide weighted average
3 threshold by applying use the same methodology to the totals
4 of all districts' Corporate Personal Property Tax Replacement
5 Fund allocations, equalized assessed valuations, and audited
6 full-time equivalent district resident students and
7 multiplying by the applicable statewide average tax rate
8 calculate a local revenue factor for each district. The
9 difference between the statewide weighted average threshold
10 and the local revenue factor, multiplied by the number of
11 full-time equivalent resident students, shall determine the
12 amount of equalization funding that each district is eligible
13 to receive. A percentage factor, as determined by the State
14 Board, may be applied to the statewide threshold as a method
15 for allocating equalization funding. A minimum equalization
16 grant of an amount per district as determined by the State
17 Board shall be established for any community college district
18 which qualifies for an equalization grant based upon the
19 preceding criteria, but becomes ineligible for equalization
20 funding, or would have received a grant of less than the
21 minimum equalization grant, due to threshold prorations
22 applied to reduce equalization funding. As of July 1, 1997,
23 community college districts must maintain a minimum required
24 in-district tuition rate per semester credit hour as
25 determined by the State Board. For each fiscal year between
26 July 1, 1997 and June 30, 2001, districts not meeting the
27 minimum required rate will be subject to a percent reduction
28 of equalization funding as determined by the State Board. As
29 of July 1, 2001, districts must meet the required minimum
30 in-district tuition rate to qualify for equalization funding.
31 A special populations grant of a base amount as
32 determined by the State Board $20,000 per community college
33 shall be distributed to each community college district., and
34 Any remaining appropriated funds for special populations
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1 purposes shall be distributed based on factors as determined
2 by the State Board programs with the exception of moneys
3 appropriated as grants for unique special populations
4 initiatives created by the State Board shall be distributed
5 proportionately to each community college district on the
6 basis of each district's share of the State total funded
7 semester credit hours, or equivalent, in
8 remedial/developmental and adult basic education/adult
9 secondary education courses. Each community college
10 district's expenditures of funds from those grants shall be
11 limited to courses and services related to programs for
12 educationally disadvantaged and minority students as
13 specified by the State Board.
14 A workforce preparation grant of a base grant amount as
15 determined by the State Board $35,000 shall be distributed to
16 each community college district., and Any remaining
17 appropriated funds for workforce preparation programs with
18 the exception of monies appropriated as grants for special
19 workforce preparation initiatives created by the State Board
20 shall be distributed based on factors as determined by the
21 State Board proportionately to each community college
22 district on the basis of each district's share of the State
23 total funded semester credit hours, or equivalent, in
24 business occupational, technical occupational, and health
25 occupational courses. Each community college district's
26 expenditures of funds from those grants shall be limited to
27 workforce preparation activities and services as specified by
28 the State Board.
29 An advanced technology equipment grant shall be
30 distributed proportionately to each community college
31 district based on each district's share of the State total
32 funded semester credit hours, or equivalent, in business
33 occupational, technical occupational, and health occupational
34 courses or other measures as determined by the State Board.
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1 Each community college district's expenditures of funds from
2 those grants shall be limited to procurement of equipment for
3 curricula impacted by technological advances as specified by
4 the State Board.
5 A retirees health insurance grant shall be distributed
6 proportionately to each community college district or entity
7 created pursuant to Section 3-55 based on each district's
8 share of the total number of community college retirees in
9 the State on July 1 of the fiscal year prior to the fiscal
10 year for which the grants are appropriated, as determined by
11 the State Board. Each community college district's
12 Expenditures of funds from those grants shall be limited to
13 payment of costs associated with the provision of retirees'
14 health insurance.
15 A deferred maintenance grant shall be distributed to each
16 community college district based upon criteria as determined
17 by the State Board. Each community college district's
18 expenditures of funds from those grants shall be limited to
19 deferred maintenance activities specified by the State Board.
20 A grant shall be provided to the Illinois Occupational
21 Information Coordinating Committee for the purpose of
22 providing the State Board with labor market information by
23 updating the Occupational Information System and HORIZONS
24 Career Information System and by providing labor market
25 information and technical assistance, that grant to be
26 provided in its entirety during the first quarter of the
27 fiscal year.
28 A grant shall be provided to Community College District
29 #540, that district having been formed under the provisions
30 of Section 6-6.1, for the purpose of providing funds for the
31 district to meet operating expenses. The State Board shall
32 certify, prepare, and submit to the State Comptroller during
33 August of the fiscal year a voucher setting forth a one-time
34 payment of any Education Assistance Fund appropriation, and
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1 during November, February, and May of the fiscal year a
2 voucher setting forth equal payments of General Revenue Fund
3 appropriations. The Comptroller shall cause a warrant to be
4 drawn for the amount due, payable to Community College
5 District #540, within 15 days following the receipt of each
6 such voucher.
7 The State Board shall distribute such other special
8 grants as may be authorized or appropriated by the General
9 Assembly.
10 Each community college district entitled to State grants
11 under this Section must submit a report of its enrollment to
12 the State Board not later than 30 days following the end of
13 each semester, quarter, or term in a format prescribed by the
14 State Board. These semester credit hours, or equivalent,
15 shall be certified by each district on forms provided by the
16 State Board. Each district's certified semester credit
17 hours, or equivalent, are subject to audit pursuant to
18 Section 3-22.1.
19 The State Board shall certify, prepare, and submit to the
20 State Comptroller during August, November, February, and May
21 of each fiscal year vouchers setting forth an amount equal to
22 25% of the districts' total grants approved by the State
23 Board for credit hour grants, small district grants, special
24 populations grants, workforce preparation grants,
25 equalization grants, advanced technology equipment grants,
26 deferred maintenance grants, and retirees health insurance
27 grants. The State Board shall prepare and submit to the State
28 Comptroller vouchers for special initiatives grant payments
29 as set forth in the contracts executed pursuant to
30 appropriations received for special initiatives. The
31 Comptroller shall cause his warrants to be drawn for the
32 respective amounts due, payable to each community college
33 district, within 15 days following the receipt of such
34 vouchers. If the amount appropriated for grants is different
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1 from the amount provided for such grants under this Act, the
2 grants shall be proportionately reduced or increased
3 accordingly.
4 For the purposes of this Section, "resident student"
5 means a student in a community college district who maintains
6 residency in that district or meets other residency
7 definitions established by the State Board, and who was
8 enrolled either in one of the approved instructional program
9 categories in that district, or in another community college
10 district to which the resident's district is paying tuition
11 under Section 6-2 or with which the resident's district has
12 entered into a cooperative agreement in lieu of such tuition.
13 For the purposes of this Section, a "full-time
14 equivalent" student is equal to 30 semester credit hours.
15 The Illinois Community College Board Contracts and Grants
16 Fund is hereby created in the State Treasury. Items of
17 income to this fund shall include any grants, awards,
18 endowments, or like proceeds, and where appropriate, other
19 funds made available through contracts with governmental,
20 public, and private agencies or persons. The General
21 Assembly shall from time to time make appropriations payable
22 from such fund for the support, improvement, and expenses of
23 the State Board and Illinois community college districts.
24 (Source: P.A. 88-103; 88-553; 89-141, eff. 7-14-95; 89-281,
25 eff. 8-10-95; 89-473, eff. 6-18-96; 89-626, eff. 8-9-96.)
26 (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
27 Sec. 3-20.3.01. Whenever, as a result of any lawful
28 order of any agency, other than a local community college
29 board, having authority to enforce any law or regulation
30 designed for the protection, health or safety of community
31 college students, employees or visitors, or any law or
32 regulation for the protection and safety of the environment,
33 pursuant to the "Environmental Protection Act", any local
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1 community college district, including any district to which
2 Article VII of this Act applies, is required to alter or
3 repair any physical facilities, or whenever any district
4 determines that it is necessary for energy conservation,
5 health or safety, environmental protection or handicapped
6 accessibility purposes that any physical facilities should be
7 altered or repaired and that such alterations or repairs will
8 be made with funds not necessary for the completion of
9 approved and recommended projects for fire prevention and
10 safety, or whenever after the effective date of this
11 amendatory Act of 1984 any district, including any district
12 to which Article VII applies, provides for alterations or
13 repairs determined by the local community college board to be
14 necessary for health and safety, environmental protection,
15 handicapped accessibility or energy conservation purposes,
16 such district may, by proper resolution which specifically
17 identifies the project and which is adopted pursuant to the
18 provisions of the Open Meetings Act, levy a tax for the
19 purpose of paying for such alterations or repairs, or survey
20 by a licensed architect or engineer, upon the equalized
21 assessed value of all the taxable property of the district at
22 a rate not to exceed .05% per year for a period sufficient to
23 finance such alterations or repairs, upon the following
24 conditions:
25 (a) When in the judgment of the local community college
26 board of trustees there are not sufficient funds available in
27 the operations and maintenance fund of the district to
28 permanently pay for such alterations or repairs so ordered,
29 determined as necessary.
30 (b) When a certified estimate of a licensed architect or
31 engineer stating the estimated amount of not less than
32 $25,000 that is necessary to make the alterations or repairs
33 so ordered or determined as necessary has been secured by the
34 local community college district and the project and
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1 estimated amount have been approved by the Executive Director
2 of the State Board.
3 The filing of a certified copy of the resolution or
4 ordinance levying the tax when accompanied by the certificate
5 of approval of the Executive Director of the State Board
6 shall be the authority of the county clerk or clerks to
7 extend such tax; provided, however, that in no event shall
8 the extension for the current and preceding years, if any,
9 under this Section be greater than the amount so approved,
10 and interest on bonds issued pursuant to this Section and in
11 the event such current extension and preceding extensions
12 exceed such approval and interest, it shall be reduced
13 proportionately.
14 The county clerk of each of the counties in which any
15 community college district levying a tax under the authority
16 of this Section is located, in reducing raised levies, shall
17 not consider any such tax as a part of the general levy for
18 community college purposes and shall not include the same in
19 the limitation of any other tax rate which may be extended.
20 Such tax shall be levied and collected in like manner as all
21 other taxes of community college districts.
22 The tax rate limit hereinabove specified in this Section
23 may be increased to .10% upon the approval of a proposition
24 to effect such increase by a majority of the electors voting
25 on that proposition at a regular scheduled election. Such
26 proposition may be initiated by resolution of the local
27 community college board and shall be certified by the
28 secretary of the local community college board to the proper
29 election authorities for submission in accordance with the
30 general election law.
31 Each local community college district authorized to levy
32 any tax pursuant to this Section may also or in the
33 alternative by proper resolution or ordinance borrow money
34 for such specifically identified purposes not in excess of
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1 $4,500,000 $1,500,000 in the aggregate at any one time when
2 in the judgment of the local community college board of
3 trustees there are not sufficient funds available in the
4 operations and maintenance fund of the district to
5 permanently pay for such alterations or repairs so ordered or
6 determined as necessary and a certified estimate of a
7 licensed architect or engineer stating the estimated amount
8 of not less than $25,000 has been secured by the local
9 community college district and the project and the estimated
10 amount have been approved by the State Board, and as evidence
11 of such indebtedness may issue bonds without referendum.
12 Such bonds shall bear interest at a rate or rates authorized
13 by "An Act to authorize public corporations to issue bonds,
14 other evidences of indebtedness and tax anticipation warrants
15 subject to interest rate limitations set forth therein",
16 approved May 26, 1970, as now or hereafter amended, shall
17 mature within 20 years from date, and shall be signed by the
18 chairman, secretary and treasurer of the local community
19 college board.
20 In order to authorize and issue such bonds the local
21 community college board shall adopt a resolution fixing the
22 amount of bonds, the date thereof, the maturities thereof and
23 rates of interest thereof, and the board by such resolution,
24 or in a district to which Article VII applies the city
25 council upon demand and under the direction of the board by
26 ordinance, shall provide for the levy and collection of a
27 direct annual tax upon all the taxable property in the local
28 community college district sufficient to pay the principal
29 and interest on such bonds to maturity. Upon the filing in
30 the office of the county clerk of each of the counties in
31 which the community college district is located of a
32 certified copy of such resolution or ordinance it is the duty
33 of the county clerk or clerks to extend the tax therefor
34 without limit as to rate or amount and in addition to and in
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1 excess of all other taxes heretofore or hereafter authorized
2 to be levied by such community college district.
3 The State Board shall prepare and enforce regulations and
4 specifications for minimum requirements for the construction,
5 remodeling or rehabilitation of heating, ventilating, air
6 conditioning, lighting, seating, water supply, toilet,
7 handicapped accessibility, fire safety and any other matter
8 that will conserve, preserve or provide for the protection
9 and the health or safety of individuals in or on community
10 college property and will conserve the integrity of the
11 physical facilities of the district.
12 This Section is cumulative and constitutes complete
13 authority for the issuance of bonds as provided in this
14 Section notwithstanding any other statute or law to the
15 contrary.
16 (Source: P.A. 85-1335.)
17 (110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1)
18 Sec. 3-22.1. To cause an audit to be made as of the end
19 of each fiscal year by an accountant licensed to practice
20 public accounting in Illinois and appointed by the board. The
21 auditor shall perform his or her examination in accordance
22 with generally accepted auditing standards and regulations
23 prescribed by the State Board, and submit his or her report
24 thereon in accordance with generally accepted accounting
25 principles. The examination and report shall include a
26 verification of student enrollments and any other bases upon
27 which claims are filed with the State Board. The audit report
28 shall include a statement of the scope and findings of the
29 audit and a professional opinion signed by the auditor. If a
30 professional opinion is denied by the auditor he or she shall
31 set forth the reasons for that denial. The board shall not
32 limit the scope of the examination to the extent that the
33 effect of such limitation will result in the qualification of
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1 the auditor's professional opinion. The procedures for
2 payment for the expenses of the audit shall be in accordance
3 with Section 9 of the Governmental Account Audit Act. Copies
4 of the audit report shall be filed with the State Board in
5 accordance with regulations prescribed by the State Board.
6 The State Board shall file one copy of the audit report with
7 the Auditor General. The State Board shall file copies of
8 the uniform financial statements from the audit report and
9 one copy with the Board of Higher Education.
10 (Source: P.A. 87-246.)
11 Section 99. Effective date. This Act takes effect July
12 1, 1997.