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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		(30 ILCS 105/5.325 rep.)
5		Section 5. The State Finance Act is amended by repealing
6		Section 5.325.
7		Section 10. The Public Community College Act is amended by
8		changing Sections 1-2, 2-11, 2-12, 2-12.1, 2-15, 2-16.02, 2-24,
9		3-7, 3-7a, 3-14.2, 3-14.3, 3-20.1, 3-22.1, 3-25.1, 3-26.1,
10		3-29, 3-40, 3-42.1, 3-48, 3-53, 5-3, 5-4, 5-6, 5-7, 5A-15,
11		5A-25, 5A-35, 5A-45, 6-2, 6-4.1, 7-5, 7-9, 7-25, and 7-26 and
12		by adding Section 6-4.2 as follows:
13		(110 ILCS 805/1-2) (from Ch. 122, par. 101-2)
14		Sec. 1-2. The following terms have the meanings
15		respectively prescribed for them except as the context
16		otherwise requires:
17		(a) "Board of Higher Education": The Board of Higher
18		Education created by "An Act creating a Board of Higher
19		Education, defining its powers and duties, making an
20		appropriation therefor, and repealing an Act herein named",
21		approved August 22, 1961, as now or hereafter amended.
22		(b) "State Board": Illinois Community College Board

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1		created by Article II of this Act.
2		(c) "Community Colleges": Public community colleges
3		existing in community college districts organized under this
4		Act, or public community colleges which prior to October 1,
5		1973, were organized as public junior colleges under this Act,
6		or public community colleges existing in districts accepted as
7		community college districts under this Act which districts have
8		a population of not less than 30,000 inhabitants or consist of
9		at least 3 counties or that portion of 3 counties not included
10		in a community college district and an assessed valuation of
11		not less than $75,000,000 and which districts levy a tax for
12		community college purposes.
13		(d) "Community College Districts": Districts authorized to
14		maintain community colleges under this Act, including
15		community college districts which prior to October 1, 1973,
16		were established under this Act as public junior college
17		districts.
18		(e) "Comprehensive community college program": A program
19		offered by a community college which includes (1) courses in
20		liberal arts and sciences and general education; (2) adult
21		education courses; and (3) courses in occupational,
22		semi-technical or technical fields leading directly to
23		employment. At least 15% of all courses taught must be in
24		fields leading directly to employment, one-half of which
25		courses to be in fields other than business education.
26		(f) "Common Schools": Schools in districts operating

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1		grades 1 through 8, 1 through 12 or 9 through 12.
2		(g) "Board": The board of trustees of a community college
3		district, whether elected or appointed.
4		(h) "The election for the establishment": An election to
5		establish a community college district under Article III, or an
6		election to establish a junior college district prior to July
7		15, 1965, which district has become a community college
8		district under this Act.
9		(i) "Regional superintendent": The superintendent of an
10		educational service region.
11		(j) "Employment Advisory Board": A board, appointed by the
12		Board of Trustees of a Community College District, for the
13		purpose of advising the Board of Trustees as to local
14		employment conditions within the boundaries of the Community
15		College District.
16		(k) "Operation and maintenance of facilities": The
17		management of fixed equipment, plant and infrastructure.
18		(Source: P.A. 97-539, eff. 8-23-11.)
19		(110 ILCS 805/2-11) (from Ch. 122, par. 102-11)
20		Sec. 2-11. The State Board in cooperation with the
21		four-year colleges is empowered to develop articulation
22		procedures to the end that maximize maximum freedom of transfer
23		among and between community colleges and baccalaureate
24		granting between community colleges and degree-granting
25		institutions be available, and consistent with minimum

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1		admission policies established by the Board of Higher
2		Education.
3		(Source: P.A. 78-669.)
4		(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
5		Sec. 2-12. The State Board shall have the power and it
6		shall be its duty:
7		(a) To provide statewide planning for community
8		colleges as institutions of higher education and to
9		coordinate co-ordinate the programs, services and
10		activities of all community colleges in the State so as to
11		encourage and establish a system of locally initiated and
12		administered comprehensive community colleges.
13		(b) To organize and conduct feasibility surveys for new
14		community colleges or for the inclusion of existing
15		institutions as community colleges and the locating of new
16		institutions.
17		(c) (Blank).
18		(c-5) In collaboration with the community colleges, to
19		furnish information for State and federal accountability
20		purposes, promote student and institutional improvement,
21		and meet research needs.
22		(d) To cooperate with the community colleges in
23		collecting and maintaining continuing studies of student
24		characteristics, enrollment and completion data, faculty
25		and staff characteristics, financial data, admission

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

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

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1		community college district shall be granted 60 days
2		following the State Board staff recommendation and prior to
3		the State Board's action to respond to concerns regarding
4		the program in question. If the State Board acts to abolish
5		a community college program, the community college
6		district has a right to appeal the decision in accordance
7		with administrative rules promulgated by the State Board
8		under the provisions of the Illinois Administrative
9		Procedure Act.
10		(i) To review and approve or disapprove any contract or
11		agreement that participate in, to recommend approval or
12		disapproval, and to assist in the coordination of the
13		programs of community colleges enter into with any
14		organization, association, educational institution, or
15		government agency to provide educational services for
16		academic credit participating in programs of
17		interinstitutional cooperation with other public or
18		nonpublic institutions of higher education. The State
19		Board is authorized to monitor performance under any
20		contract or agreement that is approved by the State Board.
21		If the State Board does not approve a particular contract
22		or cooperative agreement, the community college district
23		has a right to appeal the decision in accordance with
24		administrative rules promulgated by the State Board under
25		the provisions of the Illinois Administrative Procedure
26		Act.

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1		(j) To establish guidelines regarding sabbatical
2		leaves.
3		(k) To establish guidelines for the admission into
4		special, appropriate programs conducted or created by
5		community colleges for elementary and secondary school
6		dropouts who have received truant status from the school
7		districts of this State in compliance with Section 26-14 of
8		The School Code.
9		(l) (Blank). The Community College Board shall conduct
10		a study of community college teacher education courses to
11		determine how the community college system can increase its
12		participation in the preparation of elementary and
13		secondary teachers.
14		(m) (Blank).
15		(n) To create and participate in the conduct and
16		operation of any corporation, joint venture, partnership,
17		association, or other organizational entity that has the
18		power: (i) to acquire land, buildings, and other capital
19		equipment for the use and benefit of the community colleges
20		or their students; (ii) to accept gifts and make grants for
21		the use and benefit of the community colleges or their
22		students; (iii) to aid in the instruction and education of
23		students of community colleges; and (iv) to promote
24		activities to acquaint members of the community with the
25		facilities of the various community colleges.
26		(o) On and after July 1, 2001, to ensure the effective

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1		teaching of adults and to prepare them for success in
2		employment and lifelong learning by administering a
3		network of providers, programs, and services to provide
4		adult basic education, adult secondary and high school
5		equivalency testing education, English as a second
6		language, and any other instruction designed to prepare
7		adult students to function successfully in society and to
8		experience success in postsecondary education and
9		employment the world of work.
10		(p) On and after July 1, 2001, to supervise the
11		administration of adult education and adult literacy
12		programs, to establish the standards for such courses of
13		instruction and supervise the administration thereof, to
14		contract with other State and local agencies and eligible
15		providers of demonstrated effectiveness, such as local
16		educational agencies, community-based organizations of
17		demonstrated effectiveness, volunteer literacy
18		organizations of demonstrated effectiveness, institutions
19		of higher education, public and private nonprofit
20		agencies, libraries, and public housing authorities, and
21		non-profit institutions for the purpose of promoting and
22		establishing classes for instruction under these programs,
23		to contract with other State and local agencies to accept
24		and expend appropriations for educational purposes to
25		reimburse local eligible providers for the cost of these
26		programs, and to establish an advisory council consisting

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1		of all categories of eligible providers; agency partners,
2		such as the State Board of Education, the Department of
3		Human Services, the Department of Employment Security, the
4		Department of Commerce and Economic Opportunity, and the
5		Secretary of State literacy program; and other
6		stakeholders to identify, deliberate, and make
7		recommendations to the State Board on adult education
8		policy and priorities. The State Board shall support
9		statewide geographic distribution; diversity of eligible
10		providers; and the adequacy, stability, and predictability
11		of funding so as not to disrupt or diminish, but rather to
12		enhance, adult education and literacy services by this
13		change of administration.
14		(Source: P.A. 98-718, eff. 1-1-15; 99-655, eff. 7-28-16.)
15		(110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)
16		Sec. 2-12.1. Experimental district; abolition of
17		experimental district and establishment of new community
18		college district.
19		(a) The State Board shall establish an experimental
20		community college district, referred to in this Act as the
21		"experimental district", to be comprised of territory which
22		includes the City of East St. Louis, Illinois. The State Board
23		shall determine the area and fix the boundaries of the
24		territory of the experimental district. Within 30 days of the
25		establishment of the experimental district, the State Board

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1		shall file with the county clerk of the county, or counties,
2		concerned a map showing the territory of the experimental
3		district.
4		Within the experimental district, the State Board shall
5		establish, maintain and operate, until the experimental
6		district is abolished and a new community college district is
7		established under subsection (c), an experimental community
8		college to be known as the State Community College of East St.
9		Louis.
10		(b) (Blank).
11		(c) The experimental district established under subsection
12		(a) of this Section is abolished on July 1, 1996 shall be
13		abolished and replaced by a new community college district as
14		follows:
15		(1) The establishment of the new community college
16		district shall become effective for all purposes on July 1,
17		1996, notwithstanding any minimum population, equalized
18		assessed valuation or other requirements provided by
19		Section 3-1 or any other provision of this Act for the
20		establishment of a community college district.
21		(2) The experimental district established pursuant to
22		subsection (a) shall be abolished on July 1, 1996 when the
23		establishment of the new community college district
24		becomes effective for all purposes.
25		(3) The territory of the new community college district
26		shall be comprised of the territory of, and its boundaries

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1		shall be coterminous with the boundaries of the
2		experimental district which it will replace, as those
3		boundaries existed on November 7, 1995.
4		(4) Notwithstanding the fact that the establishment of
5		the new community college district does not become
6		effective for all purposes until July 1, 1996, the election
7		for the members of the initial board of the new community
8		college district, to consist of 7 members, shall be held at
9		the nonpartisan election in November of 1995 in the manner
10		provided by the general election law, nominating petitions
11		for members of the initial board shall be filed with the
12		regional superintendent in the manner provided by Section
13		3-7.10 with respect to newly organized districts, and the
14		persons entitled to nominate and to vote at the election
15		for the members of the board of the new community college
16		district shall be the electors in the territory referred to
17		in paragraph (3) of this subsection. In addition, for
18		purposes of the levy, extension, and collection of taxes as
19		provided in paragraph (5.5) of this subsection and for the
20		purposes of establishing the territory and boundaries of
21		the new community college district within and for which
22		those taxes are to be levied, the new community college
23		district shall be deemed established and effective when the
24		7 members of the initial board of the new community college
25		district are elected and take office as provided in this
26		subsection (c).

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1		(5) Each member elected to the initial board of the new
2		community college district must, on the date of his
3		election, be a citizen of the United States, of the age of
4		18 years or over, and a resident of the State and the
5		territory referred to in paragraph (3) of this subsection
6		for at least one year preceding his election. Election to
7		the initial board of the new community college district of
8		a person who on July 1, 1996 is a member of a common school
9		board constitutes his resignation from, and creates a
10		vacancy on that common school board effective July 1, 1996.
11		(5.5) The members first elected to the board of
12		trustees shall take office on the first Monday of December,
13		1995, for the sole and limited purpose of levying, at the
14		rates specified in the proposition submitted to the
15		electors under subsection (b), taxes for the educational
16		purposes and for the operations and maintenance of
17		facilities purposes of the new community college district.
18		The taxes shall be levied in calendar year 1995 for
19		extension and collection in calendar year 1996,
20		notwithstanding the fact that the new community college
21		district does not become effective for the purposes of
22		administration of the community college until July 1, 1996.
23		The regional superintendent shall convene the meeting
24		under this paragraph and the members shall organize for the
25		purpose of that meeting by electing, pro tempore, a
26		chairperson and a secretary. At that meeting the board is

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1		authorized to levy taxes for educational purposes and for
2		operations and maintenance of facilities purposes as
3		authorized in this paragraph without adopting any budget
4		for the new community college district and shall certify
5		the levy to the appropriate county clerk or county clerks
6		in accordance with law. The county clerks shall extend the
7		levy notwithstanding any law that otherwise requires
8		adoption of a budget before extension of the levy. The
9		funds produced by the levy made under this paragraph to the
10		extent received by a county collector before July 1, 1996
11		shall immediately be invested in lawful investments and
12		held by the county collector for payment and transfer to
13		the new community college district, along with all accrued
14		interest or other earnings accrued on the investment, as
15		provided by law on July 1, 1996. All funds produced by the
16		levy and received by a county collector on or after July 1,
17		1996 shall be transferred to the new community college
18		district as provided by law at such time as they are
19		received by the county collector.
20		(5.75) Notwithstanding any other provision of this
21		Section or the fact that establishment of the new community
22		college district as provided in this subsection does not
23		take effect until July 1, 1996, the members first elected
24		to the board of trustees of the new community college
25		district are authorized to meet, beginning on June 1, 1996
26		and thereafter for purposes of: (i) arranging for and

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1		approving educational programs, ancillary services,
2		staffing, and associated expenditures that relate to the
3		offering by the new community college district of
4		educational programs beginning on or after July 1, 1996 and
5		before the fall term of the 1996-97 academic year, and (ii)
6		otherwise facilitating the orderly transition of
7		operations from the experimental district known as State
8		Community College of East St. Louis to the new community
9		college district established under this subsection. The
10		persons elected to serve, pro tempore, as chairperson and
11		secretary of the board for purposes of paragraph (5.5)
12		shall continue to serve in that capacity for purposes of
13		this paragraph (5.75).
14		(6) Except as otherwise provided in paragraphs (5.5)
15		and (5.75), each of the members first elected to the board
16		of the new community college district shall take office on
17		July 1, 1996, and the Illinois Community College Board,
18		publicly by lot and not later than July 1, 1996, shall
19		determine the length of term to be served by each member of
20		the initial board as follows: 2 shall serve until their
21		successors are elected at the nonpartisan election in 1997
22		and have qualified, 2 shall serve until their successors
23		are elected at the consolidated election in 1999 and have
24		qualified, and 3 shall serve until their successors are
25		elected at the consolidated election in 2001 and have
26		qualified. Their successors shall serve 6 year terms. Terms

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1		of members are subject to Section 2A-54 of the Election
2		Code.
3		(7) The regional superintendent shall convene the
4		initial board of the new community college district on July
5		1, 1996, and the non-voting student member initially
6		selected to that board as provided in Section 3-7.24 shall
7		serve a term beginning on the date of selection and
8		expiring on the next succeeding April 15. Upon being
9		convened on July 1, 1996, the board shall proceed to
10		organize in accordance with Section 3-8, and shall
11		thereafter continue to exercise the powers and duties of a
12		board in the manner provided by law for all boards of
13		community college districts except where obviously
14		inapplicable or otherwise provided by this Act. Vacancies
15		shall be filled, and members shall serve without
16		compensation subject to reimbursement for reasonable
17		expenses incurred in connection with their service as
18		members, as provided in Section 3-7. The duly elected and
19		organized board of the new community college district shall
20		levy taxes at a rate not to exceed .175 percent for
21		educational purposes and at a rate not to exceed .05
22		percent for operations and maintenance of facilities
23		purposes; provided that the board may act to increase such
24		rates at a regular election in accordance with Section 3-14
25		and the general election law.
26		(d) (Blank). Upon abolition of the experimental district

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1		and establishment of the new community college district as
2		provided in this Section, all tangible personal property,
3		including inventory, equipment, supplies, and library books,
4		materials, and collections, belonging to the experimental
5		district and State Community College of East St. Louis at the
6		time of their abolition under this Section shall be deemed
7		transferred, by operation of law, to the board of trustees of
8		the new community college district. In addition, all real
9		property, and the improvements situated thereon, held by State
10		Community College of East St. Louis or on its behalf by its
11		board of trustees shall, upon abolition of the experimental
12		district and college as provided in this Section, be conveyed
13		by the Illinois Community College Board, in the manner
14		prescribed by law, to the board of trustees of the new
15		community college district established under this Section for
16		so long as that real property is used for the conduct and
17		operation of a public community college and the related
18		purposes of a public community college district of this State.
19		Neither the new community college district nor its board of
20		trustees shall have any responsibility to any vendor or other
21		person making a claim relating to the property, inventory, or
22		equipment so transferred. On August 22, 1997, the endowment
23		funds, gifts, trust funds, and funds from student activity fees
24		and the operation of student and staff medical and health
25		programs, union buildings, bookstores, campus centers, and
26		other auxiliary enterprises and activities that were received

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1		by the board of trustees of State Community College of East St.
2		Louis and held and retained by that board of trustees at the
3		time of the abolition of the experimental district and its
4		replacement by the new community college district as provided
5		in this Section shall be deemed transferred by operation of law
6		to the board of trustees of that new community college
7		district, to be retained in its own treasury and used in the
8		conduct and operation of the affairs and related purposes of
9		the new community college district. On August 22, 1997, all
10		funds held locally in the State Community College of East St.
11		Louis Contracts and Grants Clearing Account, the State
12		Community College of East St. Louis Income Fund Clearing
13		Account and the Imprest Fund shall be transferred by the Board
14		to the General Revenue Fund.
15		(e) (Blank). The outstanding obligations incurred for
16		fiscal years prior to fiscal year 1997 by the board of trustees
17		of State Community College of East St. Louis before the
18		abolition of that college and the experimental district as
19		provided in this Section shall be paid by the State Board from
20		appropriations made to the State Board from the General Revenue
21		Fund for purposes of this subsection. To facilitate the
22		appropriations to be made for that purpose, the State
23		Comptroller and State Treasurer, without delay, shall transfer
24		to the General Revenue Fund from the State Community College of
25		East St. Louis Income Fund and the State Community College of
26		East St. Louis Contracts and Grants Fund, special funds

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1		previously created in the State Treasury, any balances
2		remaining in those special funds on August 22, 1997.
3		(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
4		90-358, eff. 1-1-98; 90-509, eff. 8-22-97; 90-655, eff.
5		7-30-98.)
6		(110 ILCS 805/2-15) (from Ch. 122, par. 102-15)
7		Sec. 2-15. Recognition. The State Board shall grant
8		recognition to community colleges which maintain equipment,
9		courses of study, standards of scholarship and other
10		requirements set by the State Board. Application for
11		recognition shall be made to the State Board. The State Board
12		shall set the criteria by which the community colleges shall be
13		judged and through the executive officer of the State Board
14		shall arrange for an official evaluation of the community
15		colleges and shall grant recognition of such community colleges
16		as may meet the required standards.
17		Recognition shall include a review of compliance with
18		Section 3-65 of this Act Public Act 99-482 and other applicable
19		State and federal laws regarding employment contracts and
20		compensation. Annually, the State Board shall convene an
21		advisory committee to review the findings and make
22		recommendations for changes or additions to the laws or the
23		review procedures.
24		If a community college district fails to meet the
25		recognition standards set by the State Board, and if the

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1		district, in accordance with: (a) generally accepted
2		Government Auditing Standards issued by the Comptroller
3		General of the United States, (b) auditing standards
4		established by the American Institute of Certified Public
5		Accountants, or (c) other applicable State and federal
6		standards, is found by the district's auditor or the State
7		Board working in cooperation with the district's auditor to
8		have material deficiencies in the design or operation of
9		financial control structures that could adversely affect the
10		district's financial integrity and stability, or is found to
11		have misused State or federal funds and jeopardized its
12		participation in State or federal programs, the State Board
13		may, notwithstanding any laws to the contrary, implement one or
14		more of the following emergency powers:
15		(1) To direct the district to develop and implement a
16		plan that addresses the budgetary, programmatic, and other
17		relevant factors contributing to the need to implement
18		emergency measures. The State Board shall assist in the
19		development and shall have final approval of the plan.
20		(2) To direct the district to contract for educational
21		services in accordance with Section 3-40. The State Board
22		shall assist in the development and shall have final
23		approval of any such contractual agreements.
24		(3) To approve and require revisions of the district's
25		budget.
26		(4) To appoint a Financial Administrator to exercise

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1		oversight and control over the district's budget. The
2		Financial Administrator shall serve at the pleasure of the
3		State Board and may be an individual, partnership,
4		corporation, including an accounting firm, or other entity
5		determined by the State Board to be qualified to serve, and
6		shall be entitled to compensation. Such compensation shall
7		be provided through specific appropriations made to the
8		State Board for that express purpose.
9		(5) To develop and implement a plan providing for the
10		dissolution or reorganization of the district if in the
11		judgment of the State Board the circumstances so require.
12		(Source: P.A. 99-691, eff. 1-1-17.)
13		(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
14		Sec. 2-16.02. Grants. Any community college district that
15		maintains a community college recognized by the State Board
16		shall receive, when eligible, grants enumerated in this
17		Section. Funded semester credit hours or other measures or both
18		as specified by the State Board shall be used to distribute
19		grants to community colleges. Funded semester credit hours
20		shall be defined, for purposes of this Section, as the greater
21		of (1) the number of semester credit hours, or equivalent, in
22		all funded instructional categories of students who have been
23		certified as being in attendance at midterm during the
24		respective terms of the base fiscal year or (2) the average of
25		semester credit hours, or equivalent, in all funded

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1		instructional categories of students who have been certified as
2		being in attendance at midterm during the respective terms of
3		the base fiscal year and the 2 prior fiscal years. For purposes
4		of this Section, "base fiscal year" means the fiscal year 2
5		years prior to the fiscal year for which the grants are
6		appropriated. Such students shall have been residents of
7		Illinois and shall have been enrolled in courses that are part
8		of instructional program categories approved by the State Board
9		and that are applicable toward an associate degree or
10		certificate. Courses that are eligible for reimbursement are
11		those courses for which the district pays 50% or more of the
12		program costs from unrestricted revenue sources, with the
13		exception of dual credit courses and courses offered by
14		contract with the Department of Corrections in correctional
15		institutions. For the purposes of this Section, "unrestricted
16		revenue sources" means those revenues in which the provider of
17		the revenue imposes no financial limitations upon the district
18		as it relates to the expenditure of the funds. Except for
19		Fiscal Year 2012, base operating grants shall be paid based on
20		rates per funded semester credit hour or equivalent calculated
21		by the State Board for funded instructional categories using
22		cost of instruction, enrollment, inflation, and other relevant
23		factors. For Fiscal Year 2012, the allocations for base
24		operating grants to community college districts shall be the
25		same as they were in Fiscal Year 2011, reduced or increased
26		proportionately according to the appropriation for base

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1		operating grants for Fiscal Year 2012.
2		Equalization grants shall be calculated by the State Board
3		by determining a local revenue factor for each district by: (A)
4		adding (1) each district's Corporate Personal Property
5		Replacement Fund allocations from the base fiscal year or the
6		average of the base fiscal year and prior year, whichever is
7		less, divided by the applicable statewide average tax rate to
8		(2) the district's most recently audited year's equalized
9		assessed valuation or the average of the most recently audited
10		year and prior year, whichever is less, (B) then dividing by
11		the district's audited full-time equivalent resident students
12		for the base fiscal year or the average for the base fiscal
13		year and the 2 prior fiscal years, whichever is greater, and
14		(C) then multiplying by the applicable statewide average tax
15		rate. The State Board shall calculate a statewide weighted
16		average threshold by applying the same methodology to the
17		totals of all districts' Corporate Personal Property Tax
18		Replacement Fund allocations, equalized assessed valuations,
19		and audited full-time equivalent district resident students
20		and multiplying by the applicable statewide average tax rate.
21		The difference between the statewide weighted average
22		threshold and the local revenue factor, multiplied by the
23		number of full-time equivalent resident students, shall
24		determine the amount of equalization funding that each district
25		is eligible to receive. A percentage factor, as determined by
26		the State Board, may be applied to the statewide threshold as a

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1		method for allocating equalization funding. A minimum
2		equalization grant of an amount per district as determined by
3		the State Board shall be established for any community college
4		district which qualifies for an equalization grant based upon
5		the preceding criteria, but becomes ineligible for
6		equalization funding, or would have received a grant of less
7		than the minimum equalization grant, due to threshold
8		prorations applied to reduce equalization funding. As of July
9		1, 2013, a community college district eligible to receive an
10		equalization grant based upon the preceding criteria must
11		maintain a minimum required combined in-district tuition and
12		universal fee rate per semester credit hour equal to 70% of the
13		State-average combined rate, as determined by the State Board,
14		or the total revenue received by the community college district
15		from combined in-district tuition and universal fees must be at
16		least 30% of the total revenue received by the community
17		college district, as determined by the State Board, for
18		equalization funding. As of July 1, 2004, a community college
19		district must maintain a minimum required operating tax rate
20		equal to at least 95% of its maximum authorized tax rate to
21		qualify for equalization funding. This 95% minimum tax rate
22		requirement shall be based upon the maximum operating tax rate
23		as limited by the Property Tax Extension Limitation Law.
24		The State Board shall distribute such other grants as may
25		be authorized or appropriated by the General Assembly.
26		Each community college district entitled to State grants

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1		under this Section must submit a report of its enrollment to
2		the State Board not later than 30 days following the end of
3		each semester, quarter, or term in a format prescribed by the
4		State Board. These semester credit hours, or equivalent, shall
5		be certified by each district on forms provided by the State
6		Board. Each district's certified semester credit hours, or
7		equivalent, are subject to audit pursuant to Section 3-22.1.
8		The State Board shall certify, prepare, and submit monthly
9		vouchers to the State Comptroller setting forth an amount equal
10		to one-twelfth of the grants approved by the State Board for
11		base operating grants and equalization grants. The State Board
12		shall prepare and submit to the State Comptroller vouchers for
13		payments of other grants as appropriated by the General
14		Assembly. If the amount appropriated for grants is different
15		from the amount provided for such grants under this Act, the
16		grants shall be proportionately reduced or increased
17		accordingly.
18		For the purposes of this Section, "resident student" means
19		a student in a community college district who maintains
20		residency in that district or meets other residency definitions
21		established by the State Board, and who was enrolled either in
22		one of the approved instructional program categories in that
23		district, or in another community college district to which the
24		resident's district is paying tuition under Section 6-2 or with
25		which the resident's district has entered into a cooperative
26		agreement in lieu of such tuition. Students shall be classified

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1		as residents of the community college district without meeting
2		the 30-day residency requirement of the district if they are
3		currently residing in the district and are youth (i) who are
4		currently under the legal guardianship of the Illinois
5		Department of Children and Family Services or have recently
6		been emancipated from the Department and (ii) who had
7		previously met the 30-day residency requirement of the district
8		but who had a placement change into a new community college
9		district. The student, a caseworker or other personnel of the
10		Department, or the student's attorney or guardian ad litem
11		appointed under the Juvenile Court Act of 1987 shall provide
12		the district with proof of current in-district residency.
13		For the purposes of this Section, a "full-time equivalent"
14		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 income
17		to this fund shall include any grants, awards, endowments, or
18		like proceeds, and where appropriate, other funds made
19		available through contracts with governmental, public, and
20		private agencies or persons. The General Assembly shall from
21		time to time make appropriations payable from such fund for the
22		support, improvement, and expenses of the State Board and
23		Illinois community college districts.
24		(Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14;
25		99-845, eff. 1-1-17.)

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1		(110 ILCS 805/2-24)
2		Sec. 2-24. We Want to Learn English Initiative.
3		(a) Subject to appropriation and Section 7 of the Board of
4		Higher Education Act, the State Board may establish and
5		administer a We Want to Learn English Initiative to provide
6		resources for immigrants and refugees in this State to learn
7		English in order to move towards becoming full members of
8		American society.
9		(b) If funds are Each fiscal year, the State Board may
10		include, as a separate line item, in its budget proposal
11		$15,000,000 or less in funding for the We Want to Learn English
12		Initiative, to be disbursed by the State Board. If the State
13		Board decides to disburse the funds appropriated for this
14		Initiative, then the State Board it must disburse no less than
15		half of the funds appropriated each fiscal year to
16		community-based, not-for-profit organizations, immigrant
17		social service organizations, faith-based organizations, and
18		on-site job training programs so that immigrants and refugees
19		can learn English where they live, work, pray, and socialize
20		and where their children go to school.
21		(c) Funds for the We Want to Learn English Initiative may
22		be used only to provide programs that teach English to United
23		States citizens, lawful permanent residents, and other persons
24		residing in this State who are in lawful immigration status.
25		(Source: P.A. 95-638, eff. 6-1-08.)

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1		(110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
2		Sec. 3-7. (a) The election of the members of the board of
3		trustees shall be nonpartisan and shall be held at the time and
4		in the manner provided in the general election law.
5		(b) Unless otherwise provided in this Act, members shall be
6		elected to serve 6 year terms. The term of members elected in
7		1985 and thereafter shall be from the date the member is
8		officially determined to be elected to the board by a canvass
9		conducted pursuant to the Election Code, to the date that the
10		winner of the seat is officially determined by the canvass
11		conducted pursuant to the Election Code the next time the seat
12		on the board is to be filled by election.
13		(c) Each member must on the date of his election be a
14		citizen of the United States, of the age of 18 years or over,
15		and a resident of the State and the territory which on the date
16		of the election is included in the community college district
17		for at least one year immediately preceding his election. In
18		Community College District No. 526, each member elected at the
19		consolidated election in 2005 or thereafter must also be a
20		resident of the trustee district he or she represents for at
21		least one year immediately preceding his or her election,
22		except that in the first consolidated election for each trustee
23		district following reapportionment, a candidate for the board
24		may be elected from any trustee district that contains a part
25		of the trustee district in which he or she resided at the time
26		of the reapportionment and may be reelected if a resident of

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1		the new trustee district he or she represents for one year
2		prior to reelection. In the event a person who is a member of a
3		common school board is elected or appointed to a board of
4		trustees of a community college district, that person shall be
5		permitted to serve the remainder of his or her term of office
6		as a member of the common school board. Upon the expiration of
7		the common school board term, that person shall not be eligible
8		for election or appointment to a common school board during the
9		term of office with the community college district board of
10		trustees.
11		(d) Whenever a vacancy occurs, the remaining members shall
12		fill the vacancy, and the person so appointed shall serve until
13		a successor is elected to serve the remainder of the unexpired
14		term at the next regular election for board members and is
15		certified in accordance with Sections 22-17 and 22-18 of the
16		Election Code. If the remaining members fail so to act within
17		60 days after the vacancy occurs, the chairman of the State
18		Board shall fill that vacancy, and the person so appointed
19		shall serve until a successor is elected to serve the remainder
20		of the unexpired term at the next regular election for board
21		members and is certified in accordance with Sections 22-17 and
22		22-18 of the Election Code. The person appointed to fill the
23		vacancy shall have the same residential qualifications as his
24		predecessor in office was required to have. In either instance,
25		if the vacancy occurs with less than 4 months remaining before
26		the next scheduled consolidated election, and the term of

HB1940 Engrossed - 30 - LRB100 04620 MLM 14626 b
1		office of the board member vacating the position is not
2		scheduled to expire at that election, then the term of the
3		person so appointed shall extend through that election and
4		until the succeeding consolidated election. If the term of
5		office of the board member vacating the position is scheduled
6		to expire at the upcoming consolidated election, the appointed
7		member shall serve only until a successor is elected and
8		qualified at that election.
9		(e) Members of the board shall serve without compensation
10		but shall be reimbursed for their reasonable expenses incurred
11		in connection with their service as members. Compensation, for
12		purposes of this Section, means any salary or other benefits
13		not expressly authorized by this Act to be provided or paid to,
14		for or on behalf of members of the board. The board of each
15		community college district may adopt a policy providing for the
16		issuance of bank credit cards, for use by any board member who
17		requests the same in writing and agrees to use the card only
18		for the reasonable expenses which he or she incurs in
19		connection with his or her service as a board member. Expenses
20		charged to such credit cards shall be accounted for separately
21		and shall be submitted to the chief financial officer of the
22		district for review prior to being reported to the board at its
23		next regular meeting.
24		(f) The Except in an election of the initial board for a
25		new community college district created pursuant to Section
26		6-6.1, the ballot for the election of members of the board for

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1		a community college district shall indicate the length of term
2		for each office to be filled. In the election of a board for
3		any community college district, the ballot shall not contain
4		any political party designation.
5		(Source: P.A. 100-273, eff. 8-22-17.)
6		(110 ILCS 805/3-7a) (was 110 ILCS 805/3-7, subsec. (c))
7		Sec. 3-7a. Trustee districts; Community College District
8		No. 522. A board of trustees of a community college district
9		which is contiguous or has been contiguous to an experimental
10		community college district as authorized and defined by Article
11		IV of this Act may, on its own motion, or shall, upon the
12		petition of the lesser of 1/10 or 2,000 of the voters
13		registered in the district, order submitted to the voters of
14		the district at the next general election the proposition for
15		the election of board members by trustee district rather than
16		at large, and such proposition shall thereupon be certified by
17		the secretary of the board to the proper election authority in
18		accordance with the general election law for submission.
19		If the proposition is approved by a majority of those
20		voting on the proposition, the State Board of Elections, in
21		1991, shall reapportion the trustee districts to reflect the
22		results of the last decennial census, and shall divide the
23		community college district into 7 trustee districts, each of
24		which shall be compact, contiguous and substantially equal in
25		population to each other district. In 2001, and in the year

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1		following each decennial census thereafter, the board of
2		trustees of community college District #522 shall reapportion
3		the trustee districts to reflect the results of the census, and
4		shall divide the community college district into 7 trustee
5		districts, each of which shall be compact, contiguous, and
6		substantially equal in population to each other district. The
7		division of the community college district into trustee
8		districts shall be completed and formally approved by a
9		majority of the members of the board of trustees of community
10		college District #522 in 2001 and in the year following each
11		decennial census. At the same meeting of the board of trustees,
12		the board shall, publicly by lot, divide the trustee districts
13		as equally as possible into 2 groups. Beginning in 2003 and
14		every 10 years thereafter, trustees or their successors from
15		one group shall be elected for successive terms of 4 years and
16		6 years; and members or their successors from the second group
17		shall be elected for successive terms of 6 years and 4 years.
18		One member shall be elected from each such trustee district.
19		Each member elected in 2001 shall be elected at the 2001
20		consolidated election from the trustee districts established
21		in 1991. The term of each member elected in 2001 shall end on
22		the date that the trustees elected in 2003 are officially
23		determined by a canvass conducted pursuant to the Election
24		Code.
25		(Source: P.A. 97-539, eff. 8-23-11.)

HB1940 Engrossed - 33 - LRB100 04620 MLM 14626 b
1		(110 ILCS 805/3-14.2) (from Ch. 122, par. 103-14.2)
2		Sec. 3-14.2. In addition to any other tax levies authorized
3		by law, the board of a community college district (1) whose
4		boundaries are entirely within a county with a population in
5		excess of 2 million persons and (2) which was organized as a
6		public junior college prior to October 1, 1973, and (3) whose
7		existence was validated by an Act filed with the Secretary of
8		State on May 31, 1937, may levy an additional tax upon the
9		taxable property of the district in any year in which the State
10		Board issues a certificate of eligibility to do so. The
11		additional tax may be used to increase the total taxing
12		authority of the district to the rate of 23.54 cents per $100
13		of equalized assessed value for educational and operations,
14		building and maintenance purposes.
15		In order to be eligible to levy the additional tax as
16		provided herein, the district shall have been eligible to
17		receive equalization grants pursuant to Section 2-16.02 102-16
18		for each of the five fiscal years in the period 1984 to 1988.
19		The additional amount certified by the State Board to be
20		levied shall not exceed the combined increases in the
21		educational and operations, building and maintenance purposes
22		funds authorized in Section 3-14. The State Board shall notify
23		the board of trustees of the community college district of its
24		eligibility to levy additional taxes as authorized in this
25		Section and the amount of such levy, by November 1, 1988.
26		A resolution, adopted pursuant to the provisions of the

HB1940 Engrossed - 34 - LRB100 04620 MLM 14626 b
1		Open Meetings Act, which expresses the district's intent to
2		levy such a tax, or a portion thereof, when accompanied by the
3		State Board certificate of eligibility, shall be the authority
4		for the county clerk or clerks to extend such a tax. The
5		district board shall cause a copy of the resolution to be
6		published in one or more newspapers published in the district
7		within 10 days after such levy is made. If no newspaper is
8		published in the district, the resolution shall be published in
9		a newspaper having general circulation within the district. The
10		publication of the resolution shall include a notice of (1) the
11		specific number of voters required to sign a petition
12		requesting that the question of the adoption of the tax levy be
13		submitted to the voters of the district; (2) the time within
14		which the petition must be filed; and (3) the date of the
15		prospective referendum. The district secretary shall provide a
16		petition form to any individual requesting one.
17		If within 30 days of the adoption of such additional levy,
18		a petition is filed with the secretary of the board of
19		trustees, signed by not less than 10% of the voters of the
20		district, requesting that the proposition to levy such
21		additional taxes as authorized by this Section be submitted to
22		the voters of the district, then the district shall not be
23		authorized to levy such additional taxes as permitted by this
24		Section until the proposition has been submitted to and
25		approved by a majority of the voters voting on the proposition
26		at a regularly scheduled election in the manner provided in the

HB1940 Engrossed - 35 - LRB100 04620 MLM 14626 b
1		general election law. The secretary shall certify the
2		proposition to the proper election authority for submission to
3		the voters. If no such petition with the requisite number of
4		signatures and which is otherwise valid is filed within such 30
5		day period, then the district shall thereafter be authorized to
6		levy such additional taxes as provided and for the purposes
7		expressed in this Section.
8		(Source: P.A. 85-1150; 86-1253.)
9		(110 ILCS 805/3-14.3) (from Ch. 122, par. 103-14.3)
10		Sec. 3-14.3. In addition to any other tax levies authorized
11		by law, the board of a community college district may levy an
12		additional tax upon the taxable property of the district in any
13		year in which the State Board issues a certificate of
14		eligibility to do so. The additional tax may be used to
15		increase the total taxing authority of the district to the most
16		recently reported statewide average actual levy rate in cents
17		per $100 of equalized assessed value for educational and
18		operations and maintenance purposes as certified by the State
19		Board.
20		In order to be eligible to levy the additional tax as
21		provided herein, the district shall have been eligible to
22		receive equalization grants pursuant to Section 2-16 or
23		2-16.02, as the case may be, in the year of eligibility
24		certification or in the previous fiscal year.
25		The additional amount certified by the State Board to be

HB1940 Engrossed - 36 - LRB100 04620 MLM 14626 b
1		levied shall not exceed the combined increases in the
2		educational and operations and maintenance purposes funds
3		authorized in Section 3-14. The State Board shall notify the
4		board of trustees of the community college district of its
5		eligibility to levy additional taxes as authorized in this
6		Section and the amount of such levy, by November 1 of each
7		year.
8		A resolution, adopted annually pursuant to the provisions
9		of the Open Meetings Act, which expresses the district's intent
10		to levy such a tax, or a portion thereof, when accompanied by
11		the State Board certificate of eligibility, shall be the
12		authority for the county clerk or clerks to extend such a tax.
13		Within 10 days after adoption of such resolution, the district
14		shall cause to be published the resolution in at least one or
15		more newspapers published in the district. The publication of
16		the resolution shall include a notice of (1) the specific
17		number of voters required to sign a petition requesting that
18		the proposition of the adoption of the resolution be submitted
19		to the voters of the district; (2) the time in which the
20		petition must be filed; and (3) the date of the prospective
21		referendum. The secretary shall provide a petition form to any
22		individual requesting one.
23		If within 30 days of the annual adoption of such additional
24		levy, a petition is filed with the secretary of the board of
25		trustees, signed by not less than 10% of the registered voters
26		of the district, requesting that the proposition to levy such

HB1940 Engrossed - 37 - LRB100 04620 MLM 14626 b
1		additional taxes as authorized by this Section be submitted to
2		the voters of the district, then the district shall not be
3		authorized to levy such additional taxes as permitted by this
4		Section until the proposition has been submitted to and
5		approved by a majority of the voters voting on the proposition
6		at a regularly scheduled election in the manner provided in the
7		general election law. The secretary shall certify the
8		proposition to the proper election authority for submission to
9		the voters. If no such petition with the requisite number of
10		signatures and which is otherwise valid is filed within such 30
11		day period, then the district shall be authorized to levy such
12		additional taxes as provided for the purposes expressed in this
13		Section.
14		(Source: P.A. 86-360; 87-1018.)
15		(110 ILCS 805/3-20.1) (from Ch. 122, par. 103-20.1)
16		Sec. 3-20.1. The board of each community college district
17		shall within or before the first quarter of each fiscal year,
18		adopt an annual budget which it deems necessary to defray all
19		necessary expenses and liabilities of the district, and in such
20		annual budget shall specify the objects and purposes of each
21		item and amount needed for each object or purpose. The board of
22		each community college district shall file a written or
23		electronic copy of the annual budget with the State Board.
24		The budget shall contain a statement of the cash on hand at
25		the beginning of the fiscal year, an estimate of the cash

HB1940 Engrossed - 38 - LRB100 04620 MLM 14626 b
1		expected to be received during such fiscal year from all
2		sources, an estimate of the expenditures contemplated for such
3		fiscal year, and a statement of the estimated cash expected to
4		be on hand at the end of such year. The estimate of taxes to be
5		received may be based upon the amount of actual cash receipts
6		that may reasonably be expected by the district during such
7		fiscal year, estimated from the experience of the district in
8		prior years and with due regard for other circumstances that
9		may substantially affect such receipts. Nothing in this Section
10		shall be construed as requiring any district to change or
11		preventing any district from changing from a cash basis of
12		financing to a surplus or deficit basis of financing; or as
13		requiring any district to change or preventing any district
14		from changing its system of accounting.
15		The board of each community college district shall fix a
16		fiscal year. If the beginning of the fiscal year of a district
17		is subsequent to the time that the tax levy for such fiscal
18		year shall be made, then such annual budget shall be adopted
19		prior to the time such tax levy shall be made.
20		Such budget shall be prepared in tentative form by some
21		person or persons designated by the board, and in such
22		tentative form shall be made conveniently available to public
23		inspection for at least 30 days prior to final action thereon.
24		At least one public hearing shall be held as to such budget
25		prior to final action thereon. Notice of availability for
26		public inspection and of such public hearing shall be given by

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1		publication in a newspaper published in such district, at least
2		30 days prior to the time of such hearing. If there is no
3		newspaper published in such district, notice of such public
4		hearing shall be given by publication in a newspaper having
5		general circulation within the district posting notices
6		thereof in 5 of the most public places in such district. It
7		shall be the duty of the secretary of the board to make the
8		tentative budget available to public inspection, and to arrange
9		for such public hearing. The board may from time to time make
10		transfers between the various items in any fund not exceeding
11		in the aggregate 10% of the total of such fund as set forth in
12		the budget. The board may amend the annual budget from time to
13		time at a regular meeting of the board if public notice of any
14		amendment is provided pursuant to the Open Meetings Act. The
15		board may from time to time amend such budget by the same
16		procedure as is herein provided for its original adoption.
17		(Source: P.A. 78-669.)
18		(110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1)
19		Sec. 3-22.1. To cause an audit to be made as of the end of
20		each fiscal year by an accountant licensed to practice public
21		accounting in Illinois and appointed by the board. The auditor
22		shall perform his or her examination in accordance with
23		generally accepted auditing standards and regulations
24		prescribed by the State Board, and submit his or her report
25		thereon in accordance with generally accepted accounting

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1		principles. The examination and report shall include a
2		verification of student enrollments and any other bases upon
3		which claims are filed with the State Board. The audit report
4		shall include a statement of the scope and findings of the
5		audit and a professional opinion signed by the auditor. If a
6		professional opinion is denied by the auditor he or she shall
7		set forth the reasons for that denial. The board shall not
8		limit the scope of the examination to the extent that the
9		effect of such limitation will result in the qualification of
10		the auditor's professional opinion. The procedures for payment
11		for the expenses of the audit shall be in accordance with
12		Section 9 of the Governmental Account Audit Act. Copies of the
13		audit report shall be filed with the State Board in accordance
14		with regulations prescribed by the State Board. The State Board
15		shall file one copy of the audit report with the Auditor
16		General.
17		(Source: P.A. 99-655, eff. 7-28-16.)
18		(110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)
19		Sec. 3-25.1. To authorize application to the State Illinois
20		Community College Board for the approval of new units of
21		instruction, research or public service as defined in this
22		Section and to establish such new units following approval in
23		accordance with the provisions of this Act and the Board of
24		Higher Education Act.
25		The term "new unit of instruction, research or public

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1		service" includes the establishment of a college, school,
2		division, institute, department or other unit including majors
3		and curricula in any field of instruction, research, or public
4		service not theretofore included in the program of the
5		community college, and includes the establishment of any new
6		branch or campus of the institution. The term shall not include
7		reasonable and moderate extensions of existing curricula,
8		research, or public service programs which have a direct
9		relationship to existing programs; and the State Board may,
10		under its rule making power define the character of reasonable
11		and moderate extensions.
12		(Source: P.A. 88-322.)
13		(110 ILCS 805/3-26.1) (from Ch. 122, par. 103-26.1)
14		Sec. 3-26.1. Any employee of a community college board who
15		is a member of any reserve component of the United States Armed
16		Services, including the Illinois National Guard, and who is
17		mobilized to active military duty on or after August 1, 1990 as
18		a result of an order of the President of the United States,
19		shall for each pay period beginning on or after August 1, 1990
20		continue to receive the same regular compensation that he
21		receives or was receiving as an employee of the community
22		college board at the time he is or was so mobilized to active
23		military duty, plus any health insurance and other benefits he
24		is or was receiving or accruing at that time, minus the amount
25		of his base pay for military service, for the duration of his

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1		active military service. If the employee's active military duty
2		commences on or after the effective date of this amendatory Act
3		of the 100th General Assembly, the military duty shall not
4		result in the loss or diminishment of any employment benefit,
5		service credit, or status accrued at the time the duty
6		commenced.
7		In the event any provision of a collective bargaining
8		agreement or any community college board or district policy
9		covering any employee so ordered to active duty is more
10		generous than the provisions contained in this Section the
11		collective bargaining agreement or community college board or
12		district policy shall be controlling.
13		(Source: P.A. 87-631.)
14		(110 ILCS 805/3-29) (from Ch. 122, par. 103-29)
15		Sec. 3-29. To indemnify and protect board members and ,
16		employees, and student teachers of boards against civil rights
17		damage claims and suits, constitutional rights damage claims
18		and suits, death, bodily injury and property damage claims and
19		suits, including defense thereof, when damages are sought for
20		alleged negligent or wrongful acts while such board member or ,
21		employee or student teacher is engaged in the exercise or
22		performance of any powers or duties of the board, or is acting
23		within the scope of employment or under the direction of the
24		community college board.
25		To insure against any loss or liability of the district or

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1		board members and , employees, and student teachers of boards
2		against civil rights damage claims and suits, constitutional
3		rights damage claims and suits and death, bodily injury and
4		property damage claims and suits, including defense thereof,
5		when damages are sought for alleged negligent or wrongful acts
6		while such board member or , employee, or student teacher is
7		engaged in the exercise or performance of any powers or duties
8		of the board, or is acting within the scope of employment or
9		under the direction of the board. Such insurance shall be
10		carried in a company licensed to write such coverage in this
11		State.
12		(Source: P.A. 83-1391.)
13		(110 ILCS 805/3-40) (from Ch. 122, par. 103-40)
14		Sec. 3-40. To enter into contracts or agreements with any
15		person, organization, association, educational institution, or
16		governmental agency for providing or securing educational
17		services for academic credit. The authority of any community
18		college district to exercise the powers granted under this
19		Section is subject to the prior review and approval of the
20		State Board under subsection (i) of Section 2—12 of this Act.
21		Any initial contract with a public university or a private
22		degree-granting college or university entered into on or after
23		July 1, 1985 but before July 1, 2016 shall have prior approval
24		of the State Board and the Illinois Board of Higher Education.
25		Any initial contract with a public university or a private

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1		degree-granting college or university entered into on or after
2		July 1, 2016 shall have prior approval of the State Board.
3		(Source: P.A. 99-655, eff. 7-28-16.)
4		(110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)
5		Sec. 3-42.1. (a) To appoint law enforcement officer and
6		non-law enforcement officer members of the community college
7		district police department or department of public safety.
8		(b) Members of the community college district police
9		department or department of public safety who are law
10		enforcement officers, as defined in the Illinois Police
11		Training Act, shall be peace officers under the laws of this
12		State. As such, law enforcement officer members of these
13		departments shall have all of the powers of police officers in
14		cities and sheriffs in counties, including the power to make
15		arrests on view or on warrants for violations of State statutes
16		and to enforce county or city ordinances in all counties that
17		lie within the community college district, when such is
18		required for the protection of community college personnel,
19		students, property, or interests. Such officers shall have no
20		power to serve and execute civil process.
21		As peace officers in this State, all laws pertaining to
22		hiring, training, retention, service authority, and discipline
23		of police officers, under State law, shall apply. Law
24		enforcement officer members must complete the minimum basic
25		training requirements of a police training school under the

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1		Illinois Police Training Act. Law enforcement officer members
2		who have successfully completed an Illinois Law Enforcement
3		Training and Standards Board certified firearms course shall be
4		equipped with appropriate firearms and auxiliary weapons.
5		(c) Non-law enforcement officer members of the community
6		college police, public safety, or security departments whose
7		job requirements include performing patrol and security type
8		functions shall, within 6 months after their initial hiring
9		date or the effective date of this amendatory Act of the 96th
10		General Assembly, whichever is later, be required to
11		successfully complete the 20-hour basic security training
12		course required by (i) the Department of Financial and
13		Professional Regulation, Division of Professional Regulation
14		for Security Officers, (ii) by the International Association of
15		College Law Enforcement Administrators, or (iii) campus
16		protection officer training program or a similar course
17		certified and approved by the Illinois Law Enforcement Training
18		and Standards Board. They shall also be permitted to become
19		members of an Illinois State Training Board Mobile Training
20		Unit and shall complete 8 hours in continuing training, related
21		to their specific position of employment, each year. The board
22		may establish reasonable eligibility requirements for
23		appointment and retention of non-law enforcement officer
24		members.
25		All non-law enforcement officer members authorized to
26		carry weapons, other than firearms, shall receive training on

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1		the proper deployment and use of force regarding such weapons.
2		(Source: P.A. 96-269, eff. 8-11-09.)
3		(110 ILCS 805/3-48) (from Ch. 122, par. 103-48)
4		Sec. 3-48. Interest of board member in contracts.
5		(a) Except as otherwise provided in this Section, no No
6		community college board member shall be interested, directly or
7		indirectly, in his own name or in the name of any other person,
8		association, trust or corporation, in any contract, work, or
9		business of the district or in the sale of any article,
10		whenever the expense, price, or consideration of the contract,
11		work, business, or sale is paid either from the treasury or by
12		any assessment levied by any statute or ordinance. A community
13		college board member shall not be deemed interested if the
14		board member is an employee of a business that is involved in
15		the transaction of business with the district and has no
16		financial interests other than as an employee. Except as
17		otherwise provided in this Section, no No community college
18		board member shall be interested, directly or indirectly, in
19		the purchase of any property which (1) belongs to the district,
20		or (2) is sold for taxes or assessments, or (3) is sold by
21		virtue of legal process at the suit of the district.
22		(b) A However, any board member may provide materials,
23		merchandise, property, services, or labor, if:
24		A. the contract is with a person, firm, partnership,
25		association, corporation, or cooperative association in

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1		which the board member has less than a 7 1/2% share in the
2		ownership; and
3		B. such interested board member publicly discloses the
4		nature and extent of his interest prior to or during
5		deliberations concerning the proposed award of the
6		contract; and
7		C. such interested board member abstains from voting on
8		the award of the contract, though he shall be considered
9		present for the purposes of establishing a quorum; and
10		D. such contract is approved by a majority vote of
11		those board members presently holding office; and
12		E. the contract is awarded after sealed bids to the
13		lowest responsible bidder if the amount of the contract
14		exceeds $1500, or awarded without bidding if the amount of
15		the contract is less than $1500; and
16		F. the award of the contract would not cause the
17		aggregate amount of all such contracts so awarded to the
18		same person, firm, association, partnership, corporation,
19		or cooperative association in the same fiscal year to
20		exceed $25,000.
21		(c) In addition to the exemptions under subsection (b) of
22		this Section, a above exemption, any board member may provide
23		materials, merchandise, property, services or labor if:
24		A. the award of the contract is approved by a majority
25		vote of the board provided that any such interested member
26		shall abstain from voting; and

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1		B. the amount of the contract does not exceed $250; and
2		C. the award of the contract would not cause the
3		aggregate amount of all such contracts so awarded to the
4		same person, firm, association, partnership, corporation,
5		or cooperative association in the same fiscal year to
6		exceed $500; and
7		D. such interested member publicly discloses the
8		nature and extent of his interest prior to or during
9		deliberations concerning the proposed award of the
10		contract; and
11		E. such interested member abstains from voting on the
12		award of the contract, though he shall be considered
13		present for the purposes of establishing a quorum.
14		(d) A contract for the procurement of public utility
15		services by a district with a public utility company is not
16		barred by this Section by one or more members of the board
17		being an officer or employee of the public utility company or
18		holding an ownership interest of no more than 7 1/2% in the
19		public utility company. A An elected or appointed member of the
20		board having such an interest shall be deemed not to have a
21		prohibited interest under this Section.
22		(e) This Section does not prohibit a student member of the
23		board from maintaining official status as an enrolled student,
24		from maintaining normal student employment at the college or
25		from receiving scholarships or grants when the eligibility for
26		the scholarships or grants is not determined by the board.

HB1940 Engrossed - 49 - LRB100 04620 MLM 14626 b
1		(f) Nothing contained in this Section shall preclude a
2		contract of deposit of monies, loans or other financial
3		services by a district with a local bank or local savings and
4		loan association, regardless of whether a member or members of
5		the community college board are interested in such bank or
6		savings and loan association as a director, as an officer or
7		employee or as a holder of less than 7 1/2% of the total
8		ownership interest. A member or members holding such an
9		interest in such a contract shall not be deemed to be holding a
10		prohibited interest for purposes of this Act. Such interested
11		member or members of the community college board must publicly
12		state the nature and extent of their interest during
13		deliberations concerning the proposed award of such a contract,
14		but shall not participate in any further deliberations
15		concerning the proposed award. Such interested member or
16		members shall not vote on such a proposed award. Any member or
17		members abstaining from participation in deliberations and
18		voting under this Section may be considered present for
19		purposes of establishing a quorum. Award of such a contract
20		shall require approval by a majority vote of those members
21		presently holding office. Consideration and award of any such
22		contract in which a member or members are interested may only
23		be made at a regularly scheduled public meeting of the
24		community college board.
25		(g) Any board member who violates this Section is guilty of
26		a Class 4 felony and in addition thereto any office held by

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1		such person so convicted shall become vacant and shall be so
2		declared as part of the judgment of the court.
3		(Source: P.A. 86-930.)
4		(110 ILCS 805/3-53)
5		Sec. 3-53. Private-public partnership boards.
6		(a) In this Section:
7		"Advanced manufacturing technology" means a program of
8		study that leads students to an industry certification,
9		diploma, degree, or combination of these in skills and
10		competencies needed by manufacturers.
11		"Industry certification" means an industry-recognized
12		credential that is (i) industry created, (ii) nationally
13		portable, (iii) third-party-validated by either the
14		International Organization for Standardization or the American
15		National Standards Institute and is data-based and supported.
16		"Institution" means a public high school or community
17		college, including a community college in a community college
18		district to which Article 7 of this Act applies, that offers
19		instruction in advanced manufacturing technology for credit
20		towards a degree.
21		"Private-public partnership board" means a formal group of
22		volunteers within a community college district that may be
23		comprised of some, but not necessarily all, of the following:
24		local and regional manufacturers, applicable labor unions,
25		community college officials, school district superintendents,

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1		high school principals, workforce investment boards, or other
2		individuals willing to participate.
3		(b) The creation of a private-public partnership board is
4		encouraged and may be authorized at each community college. A
5		board, if created, shall meet no less than 5 of the following
6		criteria:
7		(1) be minimally comprised of those entities described
8		in subsection (a) of this Section;
9		(2) be led cooperatively by a manufacturer, a school
10		district superintendent, and a community college president
11		or their designees;
12		(3) meet no less than 4 times each year during State
13		fiscal years 2015 and 2016 and thereafter no less than
14		twice each State fiscal year;
15		(4) encourage and define the implementation of
16		programs of study in advanced manufacturing technology to
17		meet the competency and skill demands of manufacturers;
18		(5) define a minimum of 4 programs of study in advanced
19		manufacturing technology to meet the needs of the broadest
20		number of manufacturers in the area;
21		(6) encourage formal alignment and dual-credit
22		opportunities for high school students who begin advanced
23		manufacturing technology training to transition to
24		community college programs of study in advanced
25		manufacturing technology; and
26		(7) establish, as its foundation, the certified

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1		production technician credential offered by the
2		Manufacturing Skill Standards Council or its successor
3		entity.
4		(Source: P.A. 98-1069, eff. 8-26-14.)
5		(110 ILCS 805/5-3) (from Ch. 122, par. 105-3)
6		Sec. 5-3. Community college districts desiring to
7		participate in the program authorized in Section 5-1 of this
8		Act shall make a written application to the State Board on
9		forms provided by such Board. The State Board may require the
10		following information:
11		(a) Description of present facilities and those
12		planned for construction.
13		(b) Present community college enrollment.
14		(c) (Blank). The projected enrollment over the next 5
15		years. However, no application shall be accepted unless
16		such district contains 3 counties, or that portion of 3
17		counties not included in an existing community college
18		district, or the projected enrollment shows more than 1,000
19		fulltime equivalent students within 5 years in districts
20		outside the Chicago standard metropolitan area and more
21		than 2,000 fulltime equivalent students in the Chicago
22		standard metropolitan area, such area as defined by U.S.
23		Bureau of Census.
24		(d) Outline of community college curricula, including
25		vocational and technical education, present and proposed.

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1		(e) District financial report including financing
2		plans for district's share of costs.
3		(f) Facts showing adequate standards for the physical
4		plant, heating, lighting, ventilation, sanitation, safety,
5		equipment and supplies, instruction and teaching,
6		curricula, library, operation, maintenance, administration
7		and supervision.
8		(g) Survey of the existing community college or
9		proposed community college service area and the proper
10		location of the site in relation to the existing
11		institutions of higher education offering
12		pre-professional, occupational and technical training
13		curricula. The factual survey must show the possible
14		enrollment, assessed valuation, industrial, business,
15		agricultural and other conditions reflecting educational
16		needs in the area to be served; however, no community
17		college will be authorized in any location which, on the
18		basis of the evidence supplied by the factual survey, shall
19		be deemed inadequate for the maintenance of desirable
20		standards for the offering of basic subjects of general
21		education, semiprofessional and technical curricula.
22		(h) Such other information as the State Board may
23		require.
24		(Source: P.A. 78-669.)
25		(110 ILCS 805/5-4) (from Ch. 122, par. 105-4)

HB1940 Engrossed - 54 - LRB100 04620 MLM 14626 b
1		Sec. 5-4. Any community college district desiring to
2		participate in the program for new academic facilities or any
3		facilities built or bought under contract entered into after
4		July 7, 1964, shall file an application with the State Board
5		prior to such dates as are designated by the State Board. The
6		State Board in providing priorities if such are needed because
7		of limited funds shall be regulated by objective criteria which
8		shall be such as will tend best to achieve the objectives of
9		this Article, while leaving opportunity and flexibility for the
10		development of standards and methods that will best accommodate
11		the varied needs of the community colleges in the State. Basic
12		criteria shall give special consideration to the expansion of
13		enrollment capacity and shall include consideration of the
14		degree to which the applicant districts effectively utilize
15		existing facilities and which allow the Board, for priority
16		purposes, to provide for the grouping in a reasonable manner,
17		the application for facilities according to functional or
18		educational type.
19		(Source: P.A. 78-669.)
20		(110 ILCS 805/5-6) (from Ch. 122, par. 105-6)
21		Sec. 5-6. Any community college district may, as a part of
22		its 25% contribution for building purposes, contribute real
23		property situated within the geographical boundaries of such
24		community college district at market value as determined at the
25		time the contribution is made to the Capital Development Board

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1		in accordance with the program and budget, the plan as approved
2		by the State Board by 3 licensed appraisers appointed by the
3		State Board, except that where a community college district has
4		acquired such lands without cost or for a consideration
5		substantially less than the market value thereof at the time of
6		acquisition, the amount of the community college district's
7		contribution for the land shall be limited (a) to the
8		difference, if any, between the appraised market value at the
9		time of acquisition and the appraised market value at the time
10		the contribution is made to the Capital Development Board, if
11		the grantor is the Federal government, (except that no property
12		acquired prior to December 18, 1975 shall be affected by the
13		provisions of this section), or any department, agency, board
14		or commission thereof or (b) to the actual amount, if any, of
15		the consideration paid for the land if the grantor is the State
16		of Illinois or any department, agency, board or commission
17		thereof.
18		In the event the highest appraisal exceeds the average of
19		the other two appraisals by more than 10%, such appraisal shall
20		not be considered in determining the market value of the land
21		and a new appraiser shall be appointed by the State Board, who
22		shall re-appraise the land. The re-appraisal shall then become
23		the third appraisal as required by this section. The cost of
24		the appraisement shall be paid by the community college
25		district.
26		(Source: P.A. 84-1308.)

HB1940 Engrossed - 56 - LRB100 04620 MLM 14626 b
1		(110 ILCS 805/5-7) (from Ch. 122, par. 105-7)
2		Sec. 5-7. Transfer of funds or designation of real
3		property. As part of Prior to entering into an agreement with
4		the Capital Development Board, the community college board
5		shall transfer to the Capital Development Board funds or
6		designate for building purposes any real property it may own,
7		either improved or unimproved, situated within the
8		geographical boundaries of such community college district, or
9		both, in an amount equal to at least 25% of the total amount
10		necessary to finance the project, except that no real property
11		may be so designated, unless prior to its acquisition by the
12		community college district after December 18, 1975 the Capital
13		Development Board has had an opportunity to evaluate the land
14		and issue a report concerning its suitability for construction
15		purposes. Of the total funds transferred from the community
16		college board to the Capital Development Board, an amount equal
17		to 40% of each of the fees under an architect or engineer
18		contract, including any reimbursable items under the contract
19		to cover contractual obligations through the design
20		development phase of the project, shall be transferred prior to
21		the signing of the contract. Prior to approval to proceed
22		beyond the design development stage or to advertising the first
23		bid package of a phased-bid project, whichever comes first, the
24		community college board shall transfer funds to the Capital
25		Development Board in an amount equal to the balance of the

HB1940 Engrossed - 57 - LRB100 04620 MLM 14626 b
1		local share of the total project cost. For the purposes of this
2		Section, the proceeds derived from the sale of bonds as
3		provided in this Act, any lands designated as all or part of
4		the 25% contribution by the community college district or any
5		other money available to the community college for building
6		purposes may be used.
7		(Source: P.A. 89-281, eff. 8-10-95.)
8		(110 ILCS 805/5A-15)
9		Sec. 5A-15. Guaranteed energy savings contract.
10		"Guaranteed energy savings contract" means a contract for: (i)
11		the implementation of an energy audit, data collection, and
12		other related analyses preliminary to the undertaking of energy
13		conservation measures; (ii) the evaluation and recommendation
14		of energy conservation measures; (iii) the implementation of
15		one or more energy conservation measures; and (iv) the
16		implementation of project monitoring and data collection to
17		verify post-installation energy consumption and energy-related
18		operating costs. The contract shall provide that all payments,
19		except obligations on termination of the contract before its
20		expiration, are to be made over time and that the savings are
21		guaranteed to the extent necessary to pay the costs of the
22		energy conservation measures. Energy savings may include
23		energy reduction and offsetting sources of renewable energy
24		funds, including renewable energy credits and carbon credits.
25		(Source: P.A. 88-173.)

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1		(110 ILCS 805/5A-25)
2		Sec. 5A-25. Request for proposals. "Request for proposals"
3		means a competitive selection achieved by negotiated
4		procurement. The request for proposals shall be submitted to
5		the administrators of the Capital Development Board announced
6		in the Illinois Procurement Bulletin for publication and
7		through at least one public notice, at least 14 days before the
8		request date in a newspaper published in the district, or if no
9		newspaper is published in the district, in a newspaper of
10		general circulation in the area of the district, by a community
11		college district that will administer the program, requesting
12		innovative solutions and proposals for energy conservation
13		measures. Proposals submitted shall be sealed. The request for
14		proposals shall include all of the following:
15		(1) The name and address of the community college
16		district.
17		(2) The name, address, title, and phone number of a
18		contact person.
19		(3) Notice indicating that the community college
20		district is requesting qualified providers to propose
21		energy conservation measures through a guaranteed energy
22		savings contract.
23		(4) The date, time, and place where proposals must be
24		received.
25		(5) The evaluation criteria for assessing the

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1		proposals.
2		(6) Any other stipulations and clarifications the
3		community college district may require.
4		(Source: P.A. 94-1062, eff. 7-31-06.)
5		(110 ILCS 805/5A-35)
6		Sec. 5A-35. Award of guaranteed energy savings contract.
7		Sealed proposals must be opened by a member or employee of the
8		community college board at a public opening at which the
9		contents of the proposals must be announced. Each person or
10		entity submitting a sealed proposal must receive at least 10
11		days notice of the time and place of the opening. The community
12		college district shall select the qualified provider that best
13		meets the needs of the district. The community college district
14		shall provide public notice of the meeting at which it proposes
15		to award a guaranteed energy savings contract of the names of
16		the parties to the proposed contract and of the purpose of the
17		contract. The public notice shall be made at least 10 days
18		prior to the meeting. After evaluating the proposals under
19		Section 5A-30, a community college district may enter into a
20		guaranteed energy savings contract with a qualified provider if
21		it finds that the amount it would spend on the energy
22		conservation measures recommended in the proposal would not
23		exceed the amount to be saved in either energy or operational
24		costs, or both, within a 20-year period from the date of
25		installation, if the recommendations in the proposal are

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1		followed. Contracts let or awarded shall be submitted to the
2		administrators of the Capital Development Board Procurement
3		Bulletin for publication published in the next available
4		subsequent Illinois Procurement Bulletin.
5		(Source: P.A. 94-1062, eff. 7-31-06.)
6		(110 ILCS 805/5A-45)
7		Sec. 5A-45. Installment payment contract; lease purchase
8		agreement. A community college district or 2 or more such
9		districts in combination may enter into an installment payment
10		contract or lease purchase agreement with a qualified provider
11		or with a third-party lender, as authorized by law, for the the
12		funding or financing of the purchase and installation of energy
13		conservation measures by a qualified provider. Every community
14		college district may issue certificates evidencing the
15		indebtedness incurred pursuant to the contracts or agreements.
16		Any such contract or agreement shall be valid whether or not an
17		appropriation with respect thereto is first included in any
18		annual or additional or supplemental budget adopted by the
19		community college district. Each contract or agreement entered
20		into by a community college district pursuant to this Section
21		shall be authorized by official action resolution of the
22		community college board. The authority granted under this
23		Section is in addition to any other authority granted by law.
24		(Source: P.A. 95-612, eff. 9-11-07.)

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1		(110 ILCS 805/6-2) (from Ch. 122, par. 106-2)
2		Sec. 6-2. Any graduate of a recognized high school or
3		student otherwise qualified to attend a public community
4		college and residing outside a community college district but
5		within this State who notifies the board of education of his
6		district may, subject to Section 3-17, attend any recognized
7		public community college in the State at the tuition rate of a
8		student residing in the district. Subject to appropriation,
9		which he chooses, and the State Board board of education of
10		that district shall pay the difference between the in-district
11		and out-of-district tuition amounts to the community college
12		district his tuition, as defined herein, for any semester,
13		quarter or term of that academic year and the following summer
14		term from the educational fund or the proceeds of a levy made
15		under Section 6-1. In addition, any graduate of a recognized
16		high school or student otherwise qualified to attend a public
17		community college and residing in a new community college
18		district formed pursuant to Section 6-6.1 who notifies the
19		board of education of his district may, subject to the
20		provisions of Section 3-17, attend any recognized public
21		community college in the State, and the board of education of
22		that district shall pay his tuition until January 1, 1991. If a
23		resident is not eligible for tuition for a summer term because
24		he did not notify his board of education by the previous
25		September 15, he may become eligible for that tuition for a
26		summer term by giving notice to the board of education by May

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1		15 preceding his enrollment for the summer term. Such tuition
2		may not exceed the per capita cost of the community college
3		attended for the previous year, or in the case of the first
4		year of operation the estimated per capita cost, less certain
5		deductions to be computed in the manner set forth below. The
6		community college per capita cost shall be computed, in a
7		manner consistent with any accounting system prescribed by the
8		State Board, by adding all of the non-capital expenditures,
9		including interest, to the depreciation on capital outlay
10		expenditures paid from sources other than State and Federal
11		funds and then dividing by the number of full-time equivalent
12		students for the fiscal year as defined in this Section. The
13		community college tuition to be charged to the district of the
14		student's residence shall be computed, in a manner consistent
15		with any accounting system prescribed by the State Board, by
16		adding all of the non-capital expenditures for the previous
17		year, including interest, to the depreciation on capital outlay
18		expenditures paid from sources other than State and Federal
19		funds less any payments toward non-capital expenditures
20		received from State and Federal sources for the previous year
21		except grants through the State Board, as authorized in Section
22		2-16 or 2-16.02, as the case may be, and then dividing by the
23		number of full-time equivalent students for that fiscal year as
24		defined in this Section; this average per student computation
25		shall be converted to a semester hour or quarter hour base and
26		further reduced by the combined rate of State grants other than

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1		equalization grants for the current year as provided for in
2		Section 2-16.02 and any rate of tuition and fees assessed all
3		students for the current year as authorized in Section 6-4.
4		Any person who has notified the board of education of his
5		or her district as provided above and who is a resident of that
6		district at the time of such notification shall have his or her
7		tuition paid by that district for that academic year and the
8		following summer term so long as he or she resides in Illinois
9		outside a community college district. If he or she becomes a
10		resident of a community college district, he or she shall be
11		classified as a resident of that district at the beginning of
12		any semester, quarter or term following that change of
13		residence and the State Board shall no longer pay the
14		difference in tuition rates.
15		If a resident of a community college district wishes to
16		attend the community college maintained by the district of his
17		or her residence but the program in which the student wishes to
18		enroll is not offered by that community college, and the
19		community college maintained by the district of his residence
20		does not have a contractual agreement under Section 3-40 of
21		this Act for such program, the student may attend any
22		recognized public community college in some other district,
23		subject to the provisions of Section 3-17, and have his or her
24		tuition, as defined herein, paid by the community college
25		district of his or her residence while enrolled in a program at
26		that college which is not offered by his or her home community

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1		college if he or she makes application to his or her home board
2		at least 30 days prior to the beginning of any semester,
3		quarter or term in accordance with rules, regulations and
4		procedures established and published by his or her home board.
5		The payment of tuition by his or her district of residence may
6		not exceed the per capita cost of the community college
7		attended for the previous year, or in the case of the first
8		year of operation the estimated per capita cost, less certain
9		deductions, to be computed by adding all of the non-capital
10		expenditures for the previous year, including interest, to the
11		depreciation on the capital outlay expenditures paid from
12		sources other than State and federal funds, less any payments
13		toward non-capital expenditures received from State and
14		federal sources for the previous year (except for grants
15		through the State Board under Section 2-16.02 of this Act), and
16		dividing that amount by the number of full-time equivalent
17		students for that fiscal year as defined under this Section.
18		This average per student computation shall be converted to a
19		semester hour base and further reduced by the combined rate of
20		State grants, other than equalization grants for the current
21		year as provided under Section 2-16.02 of this Act, and any
22		rate of tuition and fees assessed for all students for the
23		current year as authorized under Section 6-4 of this Act. in
24		the manner set forth above for the community college tuition to
25		be charged to the district of the student's residence.
26		Payment shall be made hereunder to the community college

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1		district of attendance immediately upon receipt, by the
2		district liable for the payment, of a statement from that
3		community college district of the amount due it. Before sending
4		such a statement requesting payment, however, the community
5		college district of attendance shall make all calculations and
6		deductions required under this Section so that the amount
7		requested for payment is the exact amount required under this
8		Section to be paid by the district liable for payment.
9		If the moneys in the educational fund or the proceeds from
10		a levy made under Section 6-1 of a district liable for payments
11		under this Section are insufficient to meet such payments, the
12		district liable for such payments may issue tax anticipation
13		warrants as provided in Section 3-20.10.
14		A full-time equivalent student for a semester, quarter or
15		term is defined as a student doing 15 semester hours of work
16		per semester or 15 quarter hours of work per quarter or the
17		equivalent thereof, and the number of full-time equivalent
18		students enrolled per term shall be determined by dividing by
19		15 the total number of semester hours or quarter hours of work
20		for which State Board grants are received, or the equivalent
21		thereof, carried by all students of the college through the
22		mid-term of each semester, quarter or term. The number of
23		full-time equivalent students for a fiscal year shall be
24		computed by adding the total number of semester hours or
25		quarter hours of work or the equivalent thereof carried by all
26		students of the college through the mid-term of each semester,

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1		quarter or term during that fiscal year and dividing that sum
2		by 30 semester hours or 45 quarter hours or the equivalent
3		thereof depending upon the credit hour system utilized by the
4		college. Tuition of students carrying more or less than 15
5		semester hours of work per semester or 15 quarter hours of work
6		per quarter or the equivalent thereof shall be computed in the
7		proportion which the number of hours so carried bears to 15
8		semester hours or 15 quarter hours or the equivalent thereof.
9		If the United States Government, the State of Illinois, or
10		any agency pays tuition for any community college student,
11		neither the district of residence of the student nor the
12		student may be required to pay that tuition or such part
13		thereof as is otherwise paid. No part of the State's financial
14		responsibility provided for in Section 2-16 may be transferred
15		to a student's district of residence under this Section.
16		(Source: P.A. 86-469; 86-1246; 87-1018.)
17		(110 ILCS 805/6-4.1) (from Ch. 122, par. 106-4.1)
18		Sec. 6-4.1. If a resident of Illinois qualifies for
19		admission to a public community college under Section 3-17 but
20		does not qualify for financial support under Section 6-2, he
21		may be enrolled in the college upon payment of the difference
22		between the per capita cost as defined in Section 6-2 less any
23		payments toward noncapital expenditures received from State
24		and federal sources for the previous year except grants through
25		the State Board as authorized in Section 2-16 or 2-16.02, as

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1		the case may be, converted to a semester hour or quarter hour
2		base, and the combined rate of State grants other than
3		equalization grants for the current year as authorized in
4		Section 2-16.02, notwithstanding tuition limits of Section
5		6-4. Subject to Section 3-17, a public community college may
6		accept out-of-state students upon payment of the per capita
7		cost as defined in Section 6-2. Notwithstanding the provisions
8		of this Section, the out-of-district or out-of-state tuition,
9		whichever is applicable, may be waived for a student who is
10		employed for at least 35 hours per week by an entity located in
11		the district or is enrolled in a course that is being provided
12		under terms of a contract for services between the employing
13		entity and the college.
14		(Source: P.A. 86-1246; 87-741; 87-1018.)
15		(110 ILCS 805/6-4.2 new)
16		Sec. 6-4.2. In-district tuition charge. Notwithstanding
17		any other provision of law or administrative rule to the
18		contrary, for tuition purposes, a student shall be classified
19		as a resident of a community college district after
20		establishing the 30-day residency requirement of the district.
21		(110 ILCS 805/7-5) (from Ch. 122, par. 107-5)
22		Sec. 7-5. The Until January 1, 1972, the fiscal year of the
23		Board is the calendar year, and thereafter the fiscal year
24		shall commence on the first day of July and end on the last day

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1		of June of each succeeding year. To effect this transition the
2		Board shall adopt a resolution establishing the first fiscal
3		year for the period commencing on January 1, 1972, and ending
4		on June 30, 1973. All reports of the chief administrative
5		officer, the budget and all appropriations shall be prepared
6		for such period.
7		The board and its officers shall have all necessary powers
8		to effectuate such change in the fiscal year, but the
9		proceedings had pursuant to this Section shall not alter the
10		procedures for the levy of taxes as provided in Section 7-18.
11		(Source: P.A. 77-676.)
12		(110 ILCS 805/7-9) (from Ch. 122, par. 107-9)
13		Sec. 7-9. The budget shall set forth estimates, by classes,
14		of all current assets and liabilities of each fund of the board
15		as of the beginning of the fiscal year, and the amounts of
16		those assets estimated to be available for appropriation in
17		that year, either for expenditures or charges to be made or
18		incurred during that year or for liabilities unpaid at the
19		beginning thereof. Estimates of taxes to be received from the
20		levies of prior years shall be net, after deducting amounts
21		estimated to be sufficient to cover the loss and cost of
22		collecting those taxes and also deferred collections thereof
23		and abatements in the amount of those taxes extended or to be
24		extended upon the collectors' books.
25		Estimates of the liabilities of the respective funds shall

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1		include:
2		1. All final judgments, including accrued interest
3		thereon, entered against the board and unpaid at the
4		beginning of that fiscal year;
5		2. The principal of all tax anticipation warrants and
6		all temporary loans and all accrued interest thereon unpaid
7		at the beginning of that fiscal year;
8		3. Any amount for which the board is required under
9		this Act to reimburse the working cash fund from the
10		educational fund and operations and maintenance fund; and
11		4. The amount of all accounts payable including
12		estimates of audited vouchers, participation certificates,
13		interfund loans and purchase orders payable.
14		The budget shall also set forth detailed estimates of all
15		taxes to be levied for that year and of all current revenues to
16		be derived from sources other than taxes, including State and
17		Federal contributions, rents, fees, perquisites, and all other
18		types of revenue, which will be applicable to expenditures or
19		charges to be made or incurred during that year.
20		No estimate of taxes to be levied during the fiscal year
21		for educational purposes and operations and maintenance of
22		facilities purposes may exceed a sum equivalent to the product
23		of the value of the taxable property in the district, as
24		ascertained by the last assessment for State and county taxes
25		previous to the passage of the budget, multiplied by the
26		maximum per cent or rate of tax which the corporate authorities

HB1940 Engrossed - 70 - LRB100 04620 MLM 14626 b
1		of the city are authorized by law to levy for the current
2		fiscal year for those purposes: Provided that any estimate of
3		taxes to be levied for the year 1975 collectible in 1976 and
4		for the first half of the year 1976 collectible in 1977 for
5		educational purposes and operations and maintenance of
6		facilities purposes may be equal to a sum equivalent to the
7		product of the value of the taxable property in the district,
8		as ascertained by the 1972 assessment for State and county
9		taxes, multiplied by the maximum per cent or rate of tax which
10		the corporate authorities of the city are authorized by law to
11		levy for the current fiscal year for those purposes.
12		All these estimates shall be so segregated and classified
13		as to funds and in such other manner as to give effect to the
14		requirements of law relating to the respective purposes to
15		which the assets and taxes and other current revenues are
16		applicable, so that no expenditure will be authorized or made
17		for any purpose in excess of the money lawfully available
18		therefor.
19		The several estimates of assets, liabilities and
20		expenditure requirements required or authorized to be made by
21		this Section and by Section 7-10 shall be made on the basis of
22		information known to the board at the time of the passage of
23		the annual budget and are not invalidated or otherwise subject
24		to attack merely because after that time additional information
25		is known to or could be discovered by the board that would
26		require a different estimate or because the board might have

HB1940 Engrossed - 71 - LRB100 04620 MLM 14626 b
1		amended these estimates under Section 7-12.
2		(Source: P.A. 85-1335.)
3		(110 ILCS 805/7-25) (from Ch. 122, par. 107-25)
4		Sec. 7-25. Issuance of bonds; terms and sale. The board may
5		incur an indebtedness and issue bonds for the purpose of
6		erecting, purchasing or otherwise acquiring buildings suitable
7		for community college use, transferring funds to the Capital
8		Development Board Illinois Building Authority for community
9		college building purposes, erecting temporary community
10		college structures, erecting additions to, repairing,
11		rehabilitating and replacing existing community college
12		buildings and temporary community college structures,
13		furnishing and equipping community college buildings and
14		temporary community college structures, and purchasing or
15		otherwise acquiring and improving sites for such purposes.
16		The bonds may not be issued until the proposition of
17		authorizing such bonds has been certified to the proper
18		election officials, who shall have submitted it to the electors
19		of the city at a regular scheduled election in accordance with
20		the general election law, and approved by a majority of the
21		electors voting upon that question.
22		The board shall adopt a resolution providing for certifying
23		that proposition for such an election. In addition to the
24		requirements of the general election law the notice of the
25		referendum must contain the amount of the bond issue, maximum

HB1940 Engrossed - 72 - LRB100 04620 MLM 14626 b
1		rate of interest and purpose for which issued. This notice
2		shall be published in accordance with the general election law.
3		The proposition shall be in substantially the following
4		form:
5		-------------------------------------------------------------
6		Shall bonds in the amount of
7		$............ be issued by the
8		Board of community College District YES
9		No....., County of.... and State of
10		Illinois for the purpose of (Here
11		print the purpose of the public -----------------------
12		measure) bearing interest at the
13		rate of not to exceed the maximum
14		rate authorized by the Bond NO
15		Authorization Act, as amended at the
16		time of the making of the contract?
17		-------------------------------------------------------------
18		Whenever the board desires to issue bonds as herein
19		authorized, it shall adopt a resolution designating the purpose
20		for which the proceeds of the bonds are to be expended and
21		fixing the amount of the bonds proposed to be issued, the
22		maturity thereof, and optional provisions, if any, the rate of
23		interest thereon, and the amount of taxes to be levied annually
24		for the purpose of paying the interest upon and the principal
25		of such bonds.
26		The bonds shall bear interest at the rate of not more than

HB1940 Engrossed - 73 - LRB100 04620 MLM 14626 b
1		the maximum rate authorized by the Bond Authorization Act, as
2		amended at the time of the making of the contract, and shall
3		mature within not to exceed 20 years from their date, and may
4		be made callable on any interest payment date at par and
5		accrued interest, after notice has been given, at the time and
6		in the manner provided in the bond resolution.
7		The bonds shall be issued in the corporate name of the
8		community college district, and they shall be signed by the
9		chairman and secretary of the community college board. The
10		bonds shall also be registered, numbered and countersigned by
11		the treasurer who receives the taxes of the district. The
12		registration shall be in a book in which shall be entered the
13		record of the election authorizing the board to borrow money
14		and a description of the bonds issued, including the number,
15		date, to whom issued, amount, rate of interest and when due.
16		The bonds shall be sold by the board upon such terms as are
17		approved by the board after advertisement for bids, and the
18		proceeds thereof shall be received by the community college
19		treasurer, and expended by the board for the purposes provided
20		in the bond resolution.
21		The community college treasurer shall, before receiving
22		any of such money, execute a surety bond conditioned upon the
23		faithful discharge of his duties with a surety company
24		authorized to do business in this State, which surety bond
25		shall be approved by the community college board and filed as
26		otherwise required under this Act for the treasurer's bond. The

HB1940 Engrossed - 74 - LRB100 04620 MLM 14626 b
1		penalty of the surety bond shall be in the amount of such bond
2		issue. The surety bond shall be in substantially the same form
3		as the bond otherwise required under this Act for the treasurer
4		and when so given shall fully describe the bond issue which it
5		specifically covers and shall remain in force until the funds
6		of the bond issue are fully disbursed in accordance with the
7		law.
8		Before or at the time of issuing any bonds herein
9		authorized, the board shall by resolution provide for the levy
10		and collection of a direct annual tax upon all the taxable
11		property of such community college district sufficient to pay
12		and discharge the principal thereof at maturity and to pay the
13		interest thereon as it falls due. Such tax shall be levied and
14		collected in like manner with the other taxes of the community
15		college district and shall be in addition to and exclusive of
16		the maximum of all other taxes which the board is authorized by
17		law to levy for community college purposes. Upon the filing in
18		the office of the county clerk of the county wherein such
19		community college district is located of a certified copy of
20		any such ordinance, the county clerk shall extend the tax
21		therein provided for, including an amount to cover loss and
22		cost of collecting such taxes and also deferred collections
23		thereof and abatements in the amounts of such taxes as extended
24		upon the collector's books. The ordinance shall be in force
25		upon its passage.
26		With respect to instruments for the payment of money issued

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1		under this Section either before, on, or after the effective
2		date of this amendatory Act of 1989, it is and always has been
3		the intention of the General Assembly (i) that the Omnibus Bond
4		Acts are and always have been supplementary grants of power to
5		issue instruments in accordance with the Omnibus Bond Acts,
6		regardless of any provision of this Act that may appear to be
7		or to have been more restrictive than those Acts, (ii) that the
8		provisions of this Section are not a limitation on the
9		supplementary authority granted by the Omnibus Bond Acts, and
10		(iii) that instruments issued under this Section within the
11		supplementary authority granted by the Omnibus Bond Acts are
12		not invalid because of any provision of this Act that may
13		appear to be or to have been more restrictive than those Acts.
14		(Source: P.A. 89-281, eff. 8-10-95.)
15		(110 ILCS 805/7-26) (from Ch. 122, par. 107-26)
16		Sec. 7-26. Issuance of bonds not exceeding $15,000,000
17		aggregate. The board may incur an indebtedness and issue bonds
18		therefor in an amount or amounts not to exceed in the aggregate
19		$15,000,000 for the purpose of erecting, purchasing, or
20		otherwise acquiring buildings suitable for community college
21		use, transferring funds to the Capital Development Board
22		Illinois Building Authority for community college building
23		purposes, erecting temporary community college structures,
24		erecting additions to, repairing, rehabilitating, and
25		replacing existing community college buildings and temporary

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1		community college structures, furnishing and equipping
2		community college buildings and temporary community college
3		structures, and purchasing or otherwise acquiring and
4		improving sites for such purposes. The bonds may be issued
5		without submitting the question of issuance thereof to the
6		voters of the community college district for approval.
7		Whenever the board desires to issue bonds as herein
8		authorized, it shall adopt a resolution designating the purpose
9		for which the proceeds of the bonds are to be expended and
10		fixing the amount of the bonds proposed to be issued, the
11		schedule of the maturities thereof; and optional provisions, if
12		any, and the maximum rate of interest thereon and directing the
13		sale upon such terms as are determined by the board.
14		The secretary of the board shall cause such sale to be
15		advertised by publication of a notice of sale once, as a legal
16		notice in a newspaper having general circulation in the
17		district, and once in a financial journal published in the City
18		of New York, New York, or Chicago, Illinois. Such notice of
19		sale shall be published not less than 7 nor more than 21 days
20		prior to the date set for the sale of the bonds being
21		advertised. The notice of sale shall state that sealed bids
22		will be received by the board for its bonds and shall include:
23		the amount, date, maturity or maturities of such bonds; the
24		date, time and place of receipt of bids; the maximum
25		permissible interest rate; the basis upon which the bonds will
26		be awarded; call provisions, if any; and such other information

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1		as the board may deem pertinent.
2		After the bonds have been awarded to the successful bidder,
3		the board shall adopt a resolution confirming the sale of said
4		bonds to the successful bidder, setting forth the terms of
5		sale, designating the place of payment for the principal and
6		interest, prescribing the form of bond and determining the
7		amount of taxes to be levied annually for each of the years in
8		which said bonds are outstanding for the purpose of paying the
9		interest on and the principal of such bonds.
10		The bonds shall be issued in the corporate name of the
11		community college district, and they shall be signed by the
12		chairman and secretary of the community college board. The
13		bonds shall bear interest at a rate of not more than the
14		maximum rate authorized by the Bond Authorization Act, as
15		amended at the time of the making of the contract, and shall
16		mature within 20 years from the date of issuance, and may be
17		made callable on any interest payment date at par and accrued
18		interest, after notice has been given, at the time and in the
19		manner provided in the bond resolution. The proceeds of sale of
20		said bonds shall be received by the community college
21		treasurer, and expended by the board for the purpose provided
22		in the bond resolution.
23		The community college treasurer shall, before receiving
24		any of such money, execute a surety bond with a surety company
25		authorized to do business in this State conditioned upon the
26		faithful discharge of his duties. That surety bond must pass

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1		approval by the community college board and, upon such
2		approval, shall be filed as otherwise required under this Act
3		for the treasurer's bond. The penalty of the surety bond shall
4		be in the amount of such bond issue. The surety bond shall be
5		in substantially the same form as the bond otherwise required
6		under this Act for the treasurer and when so given shall fully
7		describe the bond issue which it specifically covers and shall
8		remain in force until the funds of the bond issue are fully
9		disbursed in accordance with the law.
10		Before or at the time of issuing any bonds herein
11		authorized, the city council, upon the demand and under the
12		direction of the board shall, by ordinance, provide for the
13		levy and collection of a direct annual tax upon all the taxable
14		property within the community college district sufficient to
15		pay and discharge the principal thereof at maturity and to pay
16		the interest thereon as it falls due. Such tax shall be levied
17		and collected in like manner with the other taxes of the
18		community college district and shall be in addition to and
19		exclusive of the maximum of all other taxes which the board is
20		authorized by law to levy for community college purposes. Upon
21		the filing in the office of the county clerk of each county
22		wherein such community college district is located of a
23		certified copy of any such ordinance, the county clerk shall
24		extend the tax therein provided for, including an amount to
25		cover loss and cost of collecting such taxes and also deferred
26		collections thereof and abatements in the amounts of such taxes

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1		as extended upon the collector's books.
2		With respect to instruments for the payment of money issued
3		under this Section either before, on, or after the effective
4		date of this amendatory Act of 1989, it is and always has been
5		the intention of the General Assembly (i) that the Omnibus Bond
6		Acts are and always have been supplementary grants of power to
7		issue instruments in accordance with the Omnibus Bond Acts,
8		regardless of any provision of this Act that may appear to be
9		or to have been more restrictive than those Acts, (ii) that the
10		provisions of this Section are not a limitation on the
11		supplementary authority granted by the Omnibus Bond Acts, and
12		(iii) that instruments issued under this Section within the
13		supplementary authority granted by the Omnibus Bond Acts are
14		not invalid because of any provision of this Act that may
15		appear to be or to have been more restrictive than those Acts.
16		(Source: P.A. 89-281, eff. 8-10-95.)
17		(110 ILCS 805/2-6.1 rep.)
18		(110 ILCS 805/2-11.1 rep.)
19		(110 ILCS 805/2-16.03 rep.)
20		(110 ILCS 805/2-20 rep.)
21		(110 ILCS 805/2-25 rep.)
22		(110 ILCS 805/3-7b rep.)
23		(110 ILCS 805/3-12 rep.)
24		(110 ILCS 805/3-12.1 rep.)
25		(110 ILCS 805/3-12.2 rep.)

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1		(110 ILCS 805/3-20.7 rep.)
2		(110 ILCS 805/3-22.3 rep.)
3		(110 ILCS 805/3-31.2 rep.)
4		(110 ILCS 805/3-40.2 rep.)
5		(110 ILCS 805/3-46.1 rep.)
6		(110 ILCS 805/5-8 rep.)
7		(110 ILCS 805/6-1 rep.)
8		(110 ILCS 805/6-6.1 rep.)
9		Section 15. The Public Community College Act is amended by
10		repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b,
11		3-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1,
12		5-8, 6-1, and 6-6.1.