Full Text of SB0232 99th General Assembly
SB0232sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/14/2016
| | 09900SB0232sam001 | | LRB099 03157 NHT 47467 a |
|
| 1 | | AMENDMENT TO SENATE BILL 232
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 232 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Community College Act is amended by | 5 | | changing Section 2-16.02 as follows:
| 6 | | (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
| 7 | | Sec. 2-16.02. Grants. Any community college district that | 8 | | maintains a
community college recognized by the State Board | 9 | | shall receive, when eligible,
grants enumerated in this | 10 | | Section. Funded semester credit hours or other
measures or both | 11 | | as specified by the State Board shall be used to distribute
| 12 | | grants to community colleges. Funded semester credit hours | 13 | | shall be defined,
for purposes of this Section, as the greater | 14 | | of
(1) the number of semester credit hours, or equivalent, in | 15 | | all funded
instructional categories of students who have been | 16 | | certified as being in
attendance at midterm during the |
| | | 09900SB0232sam001 | - 2 - | LRB099 03157 NHT 47467 a |
|
| 1 | | respective terms of the base fiscal year or
(2) the average of | 2 | | semester credit hours, or equivalent, in all funded
| 3 | | instructional categories of students who have been certified as | 4 | | being in
attendance at midterm during the respective terms of | 5 | | the base fiscal year and
the 2 prior fiscal years. For purposes | 6 | | of this Section, "base fiscal year"
means the fiscal year 2 | 7 | | years prior to the fiscal year for which the grants are
| 8 | | appropriated. Such students shall have been residents of | 9 | | Illinois and shall
have been enrolled in courses that are part | 10 | | of instructional program categories
approved by the State Board | 11 | | and that are applicable toward an associate degree
or | 12 | | certificate.
Courses that are eligible for reimbursement are | 13 | | those courses for which
the district pays 50% or more of the | 14 | | program costs from unrestricted
revenue sources, with the | 15 | | exception of courses offered by contract with
the Department of | 16 | | Corrections in correctional institutions. For the
purposes of | 17 | | this Section, "unrestricted revenue sources" means those
| 18 | | revenues in which the provider of the revenue imposes no | 19 | | financial
limitations upon the district as it relates to the | 20 | | expenditure of the funds. Except for Fiscal Year 2012, base | 21 | | operating grants shall be paid based on rates per funded
| 22 | | semester credit hour or equivalent calculated by the State | 23 | | Board for funded
instructional categories using cost of | 24 | | instruction, enrollment, inflation, and
other relevant | 25 | | factors. For Fiscal Year 2012, the allocations for base | 26 | | operating grants to community college districts shall be the |
| | | 09900SB0232sam001 | - 3 - | LRB099 03157 NHT 47467 a |
|
| 1 | | same as they were in Fiscal Year 2011, reduced or increased | 2 | | proportionately according to the appropriation for base | 3 | | operating grants for Fiscal Year 2012.
| 4 | | Equalization grants shall be calculated by the State Board | 5 | | by determining a
local revenue factor for each district by: (A) | 6 | | adding (1)
each district's Corporate Personal Property | 7 | | Replacement Fund
allocations from the base
fiscal year or the | 8 | | average of the base fiscal year and prior year, whichever is
| 9 | | less, divided by the applicable statewide average tax rate to | 10 | | (2) the
district's most recently audited
year's equalized | 11 | | assessed valuation or the average of the most recently audited
| 12 | | year and prior year, whichever is less, (B) then dividing by | 13 | | the district's
audited full-time equivalent resident students | 14 | | for the base fiscal year or the
average for the base fiscal | 15 | | year and the 2 prior fiscal years, whichever is
greater, and | 16 | | (C) then multiplying by the applicable statewide average tax
| 17 | | rate. The State Board
shall calculate a statewide weighted | 18 | | average threshold by applying
the same methodology to the | 19 | | totals of all districts' Corporate Personal
Property Tax | 20 | | Replacement Fund allocations, equalized assessed valuations, | 21 | | and
audited full-time equivalent district resident students | 22 | | and multiplying by the
applicable statewide average tax rate. | 23 | | The difference between the statewide
weighted average | 24 | | threshold and the local revenue
factor, multiplied by the | 25 | | number of full-time equivalent resident students,
shall | 26 | | determine the amount of equalization funding that each district |
| | | 09900SB0232sam001 | - 4 - | LRB099 03157 NHT 47467 a |
|
| 1 | | is
eligible to receive. A percentage factor, as determined by | 2 | | the State Board,
may be applied to the statewide threshold as a | 3 | | method for allocating
equalization funding. A minimum | 4 | | equalization grant of an amount per district
as determined by | 5 | | the State Board shall be established for any community college
| 6 | | district which qualifies for an equalization grant based upon | 7 | | the preceding
criteria, but becomes ineligible for | 8 | | equalization funding, or would have
received a grant of less | 9 | | than the minimum equalization grant, due to threshold
| 10 | | prorations applied to reduce equalization funding.
As of July | 11 | | 1, 2013, a community college district eligible to receive an | 12 | | equalization grant based upon the preceding criteria must | 13 | | maintain a
minimum required combined in-district tuition and | 14 | | universal fee rate per
semester credit hour equal to 70% of the | 15 | | State-average combined rate, as
determined by the State Board, | 16 | | or the total revenue received by the community college district | 17 | | from combined in-district tuition and universal fees must be at | 18 | | least 30% of the total revenue received by the community | 19 | | college district, as determined by the State Board, for | 20 | | equalization funding. As of July 1,
2004, a community college | 21 | | district must maintain a minimum required
operating tax rate | 22 | | equal to at least 95% of its maximum authorized tax
rate to | 23 | | qualify for equalization funding. This 95% minimum tax rate
| 24 | | requirement shall be based upon the maximum operating tax rate | 25 | | as
limited by the Property Tax Extension Limitation Law.
| 26 | | The State Board shall distribute such other grants as may |
| | | 09900SB0232sam001 | - 5 - | LRB099 03157 NHT 47467 a |
|
| 1 | | be
authorized or appropriated by the General Assembly.
| 2 | | Each community college district entitled to State grants | 3 | | under this
Section must submit a report of its enrollment to | 4 | | the State Board not later
than 30 days following the end of | 5 | | each semester, quarter, or term in a
format prescribed by the | 6 | | State Board. These semester credit hours, or
equivalent, shall | 7 | | be certified by each district on forms provided by the
State | 8 | | Board. Each district's certified semester credit hours, or | 9 | | equivalent,
are subject to audit pursuant to Section 3-22.1.
| 10 | | The State Board shall certify, prepare, and submit monthly | 11 | | vouchers to the State Comptroller
setting
forth an amount equal | 12 | | to one-twelfth of the grants approved by the State Board for | 13 | | base
operating grants and equalization grants. The State Board | 14 | | shall prepare and
submit to the State Comptroller vouchers for | 15 | | payments of other grants as
appropriated by the General | 16 | | Assembly. If the amount appropriated for grants
is different | 17 | | from the amount provided for such grants under this Act, the
| 18 | | grants shall be proportionately reduced or increased | 19 | | accordingly.
| 20 | | For the purposes of this Section, "resident student" means | 21 | | a student in a
community college district who maintains | 22 | | residency in that district or
meets other residency definitions | 23 | | established by the State Board, and who
was enrolled either in | 24 | | one of the approved instructional program categories
in that | 25 | | district, or in another community college district to which the
| 26 | | resident's district is paying tuition under Section 6-2 or with |
| | | 09900SB0232sam001 | - 6 - | LRB099 03157 NHT 47467 a |
|
| 1 | | which the
resident's district has entered into a cooperative | 2 | | agreement in lieu of such
tuition. Students shall be classified | 3 | | as residents of the community college district without meeting | 4 | | the 30-day residency requirement of the district if they are | 5 | | currently residing in the district and are youth (i) who are | 6 | | currently under the legal guardianship of the Illinois | 7 | | Department of Children and Family Services or have recently | 8 | | been emancipated from the Department and (ii) who had | 9 | | previously met the 30-day residency requirement of the district | 10 | | but who had a placement change into a new community college | 11 | | district. The student, a caseworker or other personnel of the | 12 | | Department, or the student's attorney or guardian ad litem | 13 | | appointed under the Juvenile Court Act of 1987 shall provide | 14 | | the district with proof of current in-district residency.
| 15 | | For the purposes of this Section, a "full-time equivalent" | 16 | | student is
equal to 30 semester credit hours.
| 17 | | The Illinois Community College Board Contracts and Grants | 18 | | Fund is hereby
created in the State Treasury. Items of income | 19 | | to this fund shall include
any grants, awards, endowments, or | 20 | | like proceeds, and where appropriate,
other funds made | 21 | | available through contracts with governmental, public, and
| 22 | | private agencies or persons. The General Assembly shall from | 23 | | time to time
make appropriations payable from such fund for the | 24 | | support, improvement,
and expenses of the State Board and | 25 | | Illinois community college
districts.
| 26 | | (Source: P.A. 97-72, eff. 7-1-11; 97-1160, eff. 2-1-13; 98-46, |
| | | 09900SB0232sam001 | - 7 - | LRB099 03157 NHT 47467 a |
|
| 1 | | eff. 6-28-13; 98-756, eff. 7-16-14.)".
|
|