HB5531 95TH GENERAL ASSEMBLY

LRB095 16071 NHT 42089 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5531

Introduced , by Rep. John D'Amico

SYNOPSIS AS INTRODUCED:

110 ILCS 205/7	from Ch. 144, par. 187
110 ILCS 205/8	from Ch. 144, par. 188
110 ILCS 805/2-26 new
110 ILCS 805/2-27 new
110 ILCS 805/3-2	from Ch. 122, par. 103-2
110 ILCS 805/3-25.1	from Ch. 122, par. 103-25.1
110 ILCS 805/5-11	from Ch. 122, par. 105-11

Amends the Board of Higher Education Act and the Public Community College Act. With respect to public community colleges, requires the approval of the establishment of new units of instruction, research, and public service and the review of existing programs of instruction, research, and public service to be made by the Illinois Community College Board rather than the Board of Higher Education. Removes a provision that requires the Illinois Community College Board to submit its budget proposal and plan for capital improvements of non-instructional facilities to the Board of Higher Education. Requires the Illinois Community College Board to develop a comprehensive community college plan. Requires the Illinois Community College Board to submit its budget proposal to the Governor, the General Assembly, the Governor's Office of Management and Budget, and the Commission on Government Forecasting and Accountability. Removes a reference to the Board of Higher Education's approval of a public community college's construction of a facility. Makes related changes.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT relating to education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Board of Higher Education Act is amended by changing Sections 7 and 8 as follows:

(110 ILCS 205/7) (from Ch. 144, par. 187)

Sec. 7. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, the Illinois Community College Board and the campuses under their governance or supervision shall not hereafter undertake the establishment of any new unit of instruction, research or public service without the approval of the Board. The term "new unit of instruction, research or public service" includes the establishment of a college, school, division, institute, department or other unit in any field of instruction, research or public service not theretofore included in the program of the institution, and includes the establishment of any new branch or campus. The term does not include reasonable and moderate extensions of existing curricula, research, or public service programs which have a direct relationship to existing programs; and the Board may, under its rule making power, define the character of such reasonable and moderate extensions.

Such governing boards shall submit to the Board all proposals for a new unit of instruction, research, or public service. The Board may approve or disapprove the proposal in whole or in part or approve modifications thereof whenever in its judgment such action is consistent with the objectives of an existing or proposed master plan of higher education.

The Board of Higher Education is authorized to review periodically all existing programs of instruction, research and public service at the State universities and colleges and to advise the appropriate board of control if the contribution of each program is not educationally and economically justified.

(Source: P.A. 89-4, eff. 1-1-96.)

(110 ILCS 205/8) (from Ch. 144, par. 188)

Sec. 8. The Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, and the Board of Trustees of Western Illinois University, and the Illinois Community College Board shall submit to the Board not later than the 15th day of November of each year its budget proposals for the operation and capital needs of the institutions under its governance or supervision for the ensuing fiscal year. Each budget proposal shall conform to the procedures developed by the Board in the design of an information system for State universities and colleges.

In order to maintain a cohesive system of higher education, the Board and its staff shall communicate on a regular basis with all public university presidents. They shall meet at least semiannually to achieve economies of scale where possible and provide the most innovative and efficient programs and services.

The Board, in the analysis of formulating the annual budget request, shall consider rates of tuition and fees at the State universities and colleges. The Board shall also consider the current and projected utilization of the total physical plant of each campus of a university or college in approving the capital budget for any new building or facility.

The Board of Higher Education shall submit to the Governor, to the General Assembly, and to the appropriate budget agencies of the Governor and General Assembly its analysis and recommendations on such budget proposals.

Each state supported institution within the application of this Act, other than a public community college, must submit its plan for capital improvements of non-instructional facilities to the Board for approval before final commitments are made. Non-instructional uses shall include but not be limited to dormitories, union buildings, field houses, stadium, other recreational facilities and parking lots. The Board shall determine whether or not any project submitted for approval is consistent with the master plan for higher education and with instructional buildings that are provided for therein. If the project is found by a majority of the Board not to be consistent, such capital improvement shall not be constructed.

(Source: P.A. 89-4, eff. 1-1-96.)

Section 10. The Public Community College Act is amended by changing Sections 3-2, 3-25.1, and 5-11 and adding Sections 2-26 and 2-27 as follows:

(110 ILCS 805/2-26 new)

Sec. 2-26. Comprehensive community college plan. The State Board shall analyze the present and future aims, needs, and requirements of the public community college system of this State and develop a comprehensive plan for the integration, coordination, efficient utilization, and expansion of the facilities and curricula of public community colleges not only in those areas that serve to bridge any gap between the education and training provided to students through a secondary education level and the education and training required for gainful career employment, but also in those areas that will promote or encourage freedom of movement and transfer of students from public community colleges to public and private universities. In developing a comprehensive community college plan under this Section, the State Board shall give due consideration to the ability of the plan to complement the objectives of the master plan for higher education developed by the Board of Higher Education. In addition, the State Board shall engage in a continuing study, analysis, and evaluation of the comprehensive community college plan developed under this Section and may from time to time recommend to the General Assembly any legislation that it deems necessary for the implementation or effective operation of the plan.

(110 ILCS 805/2-27 new)

Sec. 2-27. Budget proposal. On or before the second Wednesday of January of each year, the State Board shall submit to the Governor, the General Assembly, the Governor's Office of Management and Budget, and the Commission on Government Forecasting and Accountability its budget proposal for the operation and capital needs of the State Board and the public community colleges under its jurisdiction for the ensuing fiscal year.

(110 ILCS 805/3-2) (from Ch. 122, par. 103-2)

Sec. 3-2. Action on petition; report. Upon the receipt of such a petition, the State Board shall, in cooperation with the regional superintendent of the county or counties in which the territory of the proposed district is located, cause a study to be made of the territory of the proposed district and the community college needs and condition thereof and the area within and adjacent thereto in relation to existing facilities for general education, including pre-professional curricula and for training in occupational activities, and in relation to a factual survey of the possible enrollment, assessed valuation, industrial business, agricultural and other conditions reflecting educational needs in the area to be served, in order to determine whether in its judgment the proposed district may adequately maintain a community college in accordance with such desirable standards. In reviewing the application the State Board shall consider the feasibility of any proposed utilization of existing public or private educational facilities and land within or in near proximity to the boundary of the proposed district, and of contracting with such public or private institutions for the provision of educational programs. The State Board shall also determine whether the proposal is in conformity with a comprehensive community college plan developed by the State Board. If the State Board finds as the result of its study that it is not possible for the proposed district to produce a desirable program of community college education at a reasonable cost, it shall provide a brief statement of the reasons for this decision and shall thereupon cause a copy of the statement to be published in a newspaper or newspapers having a general circulation in the territory of the proposed district and no election shall be held or further proceedings had on said petition to establish such a community college district. If approved the State Board shall submit its findings to the Board of Higher Education for a determination as to whether or not the proposal is in conformity with a comprehensive community college program. When the Board of Higher Education approves the request for a new community college, the State Board shall prepare a report of its such action on the petition. The report shall contain a brief statement of the reasons for the decision and a resume stating why the State Board deems it possible for the proposed district to provide a desirable two-year college program at reasonable cost, the conditions under which such operation would be possible, the estimated results of such operation in terms of local taxes, the nature and probable cost of alternative methods of providing adequate community college educational opportunities for students in the territory involved and such other information as the State Board believes may be helpful to the voters in such territory in voting on the proposition to establish a community college district.

(Source: P.A. 84-509.)

(110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)

Sec. 3-25.1. Units of instruction. To evaluate and review proposals authorize application to the Illinois Community College Board for the approval of new units of instruction, research or public service as defined in this Section and to establish or assist public community colleges in establishing such new units following approval in accordance with the provisions of this Act and the Board of Higher Education Act.

No public community college shall hereafter undertake the establishment of any new unit of instruction, research, or public service without the approval of the State Board. The governing board of a community college district shall submit to the State Board all proposals for a new unit of instruction, research, or public service. The State Board, in cooperation with the Board of Higher Education, shall evaluate the proposal with reference to any proposed master plan of higher education developed by the Board of Higher Education, but the overriding standard to be applied by the State Board in determining whether to approve or disapprove the proposal in whole or in part or approve modifications thereof shall be whether, in the judgment of the State Board, the proposal is consistent with the objectives of a comprehensive community college plan as developed by the State Board for the public community college system of this State.

The State Board is authorized to review periodically all existing programs of instruction, research, and public service at public community colleges and to advise the board of trustees of each community college if the contribution of any such program offered at the public community college is not educationally and economically justified.

The term "new unit of instruction, research or public service" includes the establishment of a college, school, division, institute, department or other unit including majors and curricula in any field of instruction, research, or public service not theretofore included in the program of the community college, and includes the establishment of any new branch or campus of the institution. The term shall not include reasonable and moderate extensions of existing curricula, research, or public service programs which have a direct relationship to existing programs; and the State Board may, under its rule making power define the character of reasonable and moderate extensions.

(Source: P.A. 88-322.)

(110 ILCS 805/5-11) (from Ch. 122, par. 105-11)

Sec. 5-11. Building construction; grants. Any public community college which subsequent to July 1, 1972, commenced construction of any facilities approved by the State Board or, until the effective date of this amendatory Act of the 95th General Assembly, that were approved by the State Board and the Illinois Board of Higher Education may, after completion thereof, apply to the State for a grant for expenditures made by the community college from its own funds for building purposes for such facilities in excess of 25% of the cost of such facilities as approved by the State Board and the Illinois Board of Higher Education. Such grant shall be contingent upon said community college having otherwise complied with Sections 5-3, 5-4, 5-5 and 5-10 of this Act.

If any payments or contributions of any kind which are based upon, or are to be applied to, the cost of such construction are received from the Federal government, or an agency thereof, subsequent to receipt of the grant herein provided, the amount of such subsequent payment or contributions shall be paid over to the Capital Development Board by the community college for deposit in the Capital Development Bond Interest and Retirement Fund.

(Source: P.A. 80-1200.)