Full Text of SB3343 99th General Assembly
SB3343eng 99TH GENERAL ASSEMBLY |
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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 105/5.528 rep.) | 5 | | Section 5. The State Finance Act is amended by repealing | 6 | | Section 5.528. | 7 | | Section 10. The Board of Higher Education Act is amended by | 8 | | changing Sections 6 and 8 as follows:
| 9 | | (110 ILCS 205/6) (from Ch. 144, par. 186)
| 10 | | Sec. 6.
The Board , in cooperation with the Illinois | 11 | | Community College Board, shall analyze the present and future | 12 | | aims, needs and
requirements of higher education in the State | 13 | | of Illinois and prepare a
master plan for the development, | 14 | | expansion, integration, coordination and
efficient utilization | 15 | | of the facilities, curricula and standards of higher
education | 16 | | for the public institutions of higher education in the areas of
| 17 | | teaching, research and public service. The master plan shall | 18 | | also include higher education affordability and accessibility | 19 | | measures. The Board , in cooperation with the Illinois Community | 20 | | College Board, shall formulate the master
plan and prepare and | 21 | | submit to the General Assembly and the Governor drafts
of | 22 | | proposed legislation to effectuate the plan. The Board , in |
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| 1 | | cooperation with the Illinois Community College Board, shall | 2 | | engage in a
continuing study, an analysis , and an evaluation of | 3 | | the master plan so
developed , and it shall be its | 4 | | responsibility to recommend, from time to
time as it | 5 | | determines, amendments and modifications of any master plan
| 6 | | enacted by the General Assembly.
| 7 | | (Source: P.A. 96-319, eff. 1-1-10.)
| 8 | | (110 ILCS 205/8) (from Ch. 144, par. 188)
| 9 | | Sec. 8.
The Board of Trustees of the University of | 10 | | Illinois, the Board of
Trustees of Southern Illinois | 11 | | University,
the Board of Trustees of Chicago State University, | 12 | | the Board of Trustees of
Eastern Illinois University, the Board | 13 | | of Trustees of Governors State
University, the Board of | 14 | | Trustees of Illinois State University, the Board of
Trustees of | 15 | | Northeastern Illinois University, the Board of Trustees of | 16 | | Northern
Illinois University, the Board of Trustees of Western | 17 | | Illinois University, and
the Illinois Community College Board | 18 | | shall submit to the Board not later
than the 15th day of | 19 | | November of each year its budget proposals for the
operation | 20 | | and capital needs of the institutions under its governance or
| 21 | | supervision for the ensuing fiscal year. Each budget proposal | 22 | | shall conform
to the procedures developed by the Board in the | 23 | | design of an information
system for State universities and | 24 | | colleges.
| 25 | | In order to maintain a cohesive system of higher education, |
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| 1 | | the Board and
its staff shall communicate on a regular basis | 2 | | with all public university
presidents. They shall meet at least | 3 | | semiannually to achieve economies of
scale where possible and | 4 | | provide the most innovative and efficient programs and
| 5 | | services.
| 6 | | The Board, in the analysis of formulating the annual budget | 7 | | request,
shall consider rates of tuition and fees and | 8 | | undergraduate tuition and fee waiver programs at the State | 9 | | state universities and
colleges. The Board shall also consider | 10 | | the current and projected
utilization of the total physical | 11 | | plant of each campus of a university or
college in approving | 12 | | the capital budget for any new building or facility.
| 13 | | The Board of Higher Education shall submit to the Governor, | 14 | | to the
General Assembly, and to the appropriate budget agencies | 15 | | of the Governor
and General Assembly its analysis and | 16 | | recommendations on such budget
proposals.
| 17 | | The Board is directed to form a broad-based group of | 18 | | individuals representing the Office of the Governor, the | 19 | | General Assembly, public institutions of higher education, | 20 | | State agencies, business and industry, statewide Statewide | 21 | | organizations representing faculty and staff, and others as the | 22 | | Board shall deem appropriate to devise a system for allocating | 23 | | State resources to public institutions of higher education | 24 | | based upon performance in achieving State goals related to | 25 | | student success and certificate and degree completion. | 26 | | Beginning in Fiscal Year 2013, the Board of Higher |
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| 1 | | Education budget recommendations to the Governor and the | 2 | | General Assembly shall include allocations to public | 3 | | institutions of higher education based upon performance | 4 | | metrics designed to promote and measure student success in | 5 | | degree and certificate completion. Public university These | 6 | | metrics must be adopted by the Board by rule , and public | 7 | | community college metrics must be adopted by the Illinois | 8 | | Community College Board by rule. These metrics must be | 9 | | developed and promulgated in accordance with the following | 10 | | principles: | 11 | | (1) The metrics must be developed in consultation with | 12 | | public institutions of higher education, as well as other | 13 | | State educational agencies and other higher education | 14 | | organizations, associations, interests, and stakeholders | 15 | | as deemed appropriate by the Board. | 16 | | (2) The metrics shall include provisions for | 17 | | recognizing the demands on and rewarding the performance of | 18 | | institutions in advancing the success of students who are | 19 | | academically or financially at risk, including | 20 | | first-generation students, low-income students, and | 21 | | students traditionally underrepresented in higher | 22 | | education, as specified in Section 9.16 of this Act. | 23 | | (3) The metrics shall recognize and account for the | 24 | | differentiated missions of institutions and sectors of | 25 | | higher education. | 26 | | (4) The metrics shall focus on the fundamental goal of |
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| 1 | | increasing completion of college courses, certificates, | 2 | | and degrees. Performance metrics shall recognize the | 3 | | unique and broad mission of public community colleges | 4 | | through consideration of additional factors including, but | 5 | | not limited to, enrollment, progress through key academic | 6 | | milestones, transfer to a baccalaureate institution, and | 7 | | degree completion. | 8 | | (5) The metrics must be designed to maintain the | 9 | | quality of degrees, certificates, courses, and programs. | 10 | | In devising performance metrics, the Board may be guided by the | 11 | | report of the Higher Education Finance Study Commission. | 12 | | Each State university state supported institution within | 13 | | the application of this Act must
submit its plan for capital | 14 | | improvements of non-instructional facilities to
the Board for | 15 | | approval before final commitments are made if the total cost of | 16 | | the project as approved by the institution's board of control | 17 | | is in excess of $2 million. Non-instructional
uses shall | 18 | | include but not be limited to dormitories, union buildings,
| 19 | | field houses, stadium, other recreational facilities and | 20 | | parking lots. The
Board shall determine whether or not any | 21 | | project submitted for approval is
consistent with the master | 22 | | plan for higher education and with instructional
buildings that | 23 | | are provided for therein. If the project is found by a
majority | 24 | | of the Board not to be consistent, such capital improvement | 25 | | shall
not be constructed.
| 26 | | (Source: P.A. 97-290, eff. 8-10-11; 97-320, eff. 1-1-12; |
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| 1 | | 97-610, eff. 1-1-12; 97-813, eff. 7-13-12.)
| 2 | | (110 ILCS 205/6.2 rep.)
| 3 | | Section 15. The Board of Higher Education Act is amended by | 4 | | repealing Section 6.2. | 5 | | Section 20. The Public Community College Act is amended by | 6 | | changing Sections 2-12, 3-2, 3-3, 3-20.3.01, 3-22.1, 3-29.8, | 7 | | 3-36, 3-37, 3-38, 3-40, and 5-11 as follows:
| 8 | | (110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
| 9 | | Sec. 2-12. The State Board shall have the power and it | 10 | | shall be its duty:
| 11 | | (a) To provide statewide planning for community colleges as
| 12 | | institutions of higher education and co-ordinate the programs, | 13 | | services
and activities of all community colleges in the State | 14 | | so as to encourage
and establish a system of locally initiated | 15 | | and administered
comprehensive community colleges.
| 16 | | (b) To organize and conduct feasibility surveys for new | 17 | | community
colleges or for the inclusion of existing | 18 | | institutions as community
colleges and the locating of new | 19 | | institutions.
| 20 | | (c) (Blank). To approve all locally funded capital projects | 21 | | for which no
State monies are required, in accordance with | 22 | | standards established by rule.
| 23 | | (d) To cooperate with the community colleges in continuing |
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| 1 | | studies
of student characteristics, admission standards, | 2 | | grading policies,
performance of transfer students, | 3 | | qualification and certification of
facilities and any other | 4 | | problem of 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 education, | 10 | | public and
private nonprofit agencies, libraries, and public | 11 | | housing authorities; to
accept federal funds and to plan with | 12 | | other State agencies when appropriate for
the allocation of | 13 | | such federal funds for instructional programs and student
| 14 | | services including such funds for adult education and adult | 15 | | literacy,
vocational and technical education, and retraining | 16 | | as may be allocated by
state and federal agencies for the aid | 17 | | of community colleges. To receive,
receipt for, hold in trust, | 18 | | expend and administer, for all purposes of this
Act, funds and | 19 | | other aid made available by the federal government or by other
| 20 | | agencies public or private, subject to appropriation by the | 21 | | General Assembly.
The changes to this subdivision (e) made by | 22 | | this amendatory Act of the 91st
General
Assembly apply on and | 23 | | after July 1, 2001.
| 24 | | (f) To determine efficient and adequate standards for | 25 | | community
colleges for the physical plant, heating, lighting, | 26 | | ventilation,
sanitation, safety, equipment and supplies, |
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| 1 | | instruction and teaching,
curriculum, library, operation, | 2 | | maintenance, administration and
supervision, and to grant | 3 | | recognition certificates to community colleges
meeting such | 4 | | standards.
| 5 | | (g) To determine the standards for establishment of | 6 | | community
colleges and the proper location of the site in | 7 | | relation to existing
institutions of higher education offering | 8 | | academic, occupational and
technical training curricula, | 9 | | possible enrollment, assessed valuation,
industrial, business, | 10 | | agricultural, and other conditions reflecting
educational | 11 | | needs in the area to be served; however, no community
college | 12 | | may be considered as being recognized nor may the establishment
| 13 | | of any community college be authorized in any district which | 14 | | shall be
deemed inadequate for the maintenance, in accordance | 15 | | with the desirable
standards thus determined, of a community | 16 | | college offering the basic
subjects of general education and | 17 | | suitable vocational and
semiprofessional and technical | 18 | | curricula.
| 19 | | (h) To approve or disapprove new units of instruction, | 20 | | research or
public service as defined in Section 3-25.1
of this | 21 | | Act submitted by the
boards of trustees of the respective | 22 | | community college districts of this
State. The State Board may | 23 | | discontinue programs which fail to reflect
the educational | 24 | | needs of the area being served.
The community college district | 25 | | shall be granted 60 days following the
State Board staff | 26 | | recommendation and prior to the State Board's action to
respond |
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| 1 | | to concerns regarding the program in question. If the State | 2 | | Board
acts to abolish a community college program, the | 3 | | community college district
has a right to appeal the decision | 4 | | in accordance with administrative rules
promulgated by the | 5 | | State Board under the provisions of the Illinois
Administrative | 6 | | Procedure Act.
| 7 | | (i) To participate in, to recommend approval or | 8 | | disapproval, and to
assist in the coordination of the programs
| 9 | | of community colleges participating in programs of | 10 | | interinstitutional
cooperation with other public or nonpublic | 11 | | institutions of higher education.
If the State Board does not | 12 | | approve a particular cooperative agreement,
the community | 13 | | college district has a right to appeal the decision in
| 14 | | accordance with administrative rules promulgated by the State | 15 | | Board under
the provisions of the Illinois Administrative | 16 | | Procedure Act.
| 17 | | (j) To establish guidelines regarding sabbatical leaves.
| 18 | | (k) To establish guidelines for the admission into special,
| 19 | | appropriate programs conducted or created by community | 20 | | colleges for
elementary and secondary school dropouts who have | 21 | | received truant status
from the school districts of this State | 22 | | in compliance with Section 26-14 of
The School Code.
| 23 | | (l) The Community College Board shall conduct a study of | 24 | | community
college teacher education courses to determine how | 25 | | the community college
system can increase its participation in | 26 | | the preparation of elementary and
secondary teachers.
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| 1 | | (m) (Blank). To establish by July 1, 1997 uniform financial | 2 | | accounting and reporting
standards
and principles for | 3 | | community colleges and develop procedures and systems
for | 4 | | community colleges for reporting financial data to the State | 5 | | Board.
| 6 | | (n) To create and participate in the conduct and operation | 7 | | of any
corporation, joint venture, partnership, association, | 8 | | or other organizational
entity that has the power: (i) to | 9 | | acquire land, buildings, and other capital
equipment for the | 10 | | use and benefit of the community colleges or their students;
| 11 | | (ii) to accept gifts and make grants for the use and benefit of | 12 | | the community
colleges or their students; (iii) to aid in the | 13 | | instruction and education of
students of community colleges; | 14 | | and (iv) to promote activities to acquaint
members of the | 15 | | community with the facilities of the various community
| 16 | | colleges.
| 17 | | (o) On and after July 1, 2001, to ensure the effective | 18 | | teaching of adults
and to prepare them
for success in | 19 | | employment and lifelong learning by administering a
network of | 20 | | providers, programs, and services to provide adult basic
| 21 | | education, adult secondary and high school equivalency testing | 22 | | education, English as a
second language, and any other | 23 | | instruction designed to prepare adult
students to function | 24 | | successfully in society and to experience success in
| 25 | | postsecondary education and the world of work.
| 26 | | (p) On and after July 1, 2001, to supervise the |
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| 1 | | administration of adult
education and adult literacy programs, | 2 | | to establish the standards for such
courses of instruction and | 3 | | supervise the administration thereof, to contract
with other | 4 | | State and local agencies and eligible providers, such as local
| 5 | | educational agencies, community-based organizations of | 6 | | demonstrated
effectiveness, volunteer literacy organizations | 7 | | of demonstrated effectiveness,
institutions of higher | 8 | | education, public and private nonprofit agencies,
libraries, | 9 | | and public housing authorities, for the purpose of promoting | 10 | | and
establishing classes for instruction under these programs, | 11 | | to contract with
other State and local agencies to accept and | 12 | | expend appropriations for
educational purposes to reimburse | 13 | | local eligible providers for the cost of
these programs, and to | 14 | | establish an advisory council consisting of all
categories of | 15 | | eligible providers; agency partners, such as the State Board of
| 16 | | Education, the Department of Human Services, the Department of | 17 | | Employment
Security, and the Secretary of State literacy | 18 | | program; and other
stakeholders to identify, deliberate, and | 19 | | make recommendations to the State
Board on adult education | 20 | | policy and priorities. The State Board shall support statewide | 21 | | geographic distribution;
diversity of eligible providers; and | 22 | | the adequacy, stability, and
predictability of funding so as | 23 | | not to disrupt or diminish, but rather to
enhance, adult | 24 | | education by this change of administration.
| 25 | | (Source: P.A. 98-718, eff. 1-1-15 .)
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| 1 | | (110 ILCS 805/3-2) (from Ch. 122, par. 103-2)
| 2 | | Sec. 3-2.
Upon the receipt of such a petition, the State | 3 | | Board shall, in
cooperation with the regional superintendent of | 4 | | the county or counties in
which the territory of the proposed | 5 | | district is located, cause a study to
be made of the territory | 6 | | of the proposed district and the community college
needs and | 7 | | condition thereof and the area within and adjacent thereto in
| 8 | | relation to existing facilities for general education, | 9 | | including
pre-professional curricula and for training in | 10 | | occupational activities, and
in relation to a factual survey of | 11 | | the possible enrollment, assessed
valuation, industrial | 12 | | business, agricultural and other conditions
reflecting | 13 | | educational needs in the area to be served, in order to
| 14 | | determine whether in its judgment the proposed district may | 15 | | adequately
maintain a community college in accordance with such | 16 | | desirable standards.
In reviewing the application the State | 17 | | Board shall consider the feasibility
of any proposed | 18 | | utilization of existing public or private educational
| 19 | | facilities and land within or in near proximity to the boundary | 20 | | of the
proposed district, and of contracting with such public | 21 | | or private
institutions for the provision of educational | 22 | | programs. If the State
Board finds as the result of its study | 23 | | that
it is not possible for the proposed district to produce a | 24 | | desirable program
of community college education at a | 25 | | reasonable cost, it shall provide a
brief statement of the | 26 | | reasons for this decision and shall thereupon cause
a copy of |
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| 1 | | the statement to be published in a newspaper or newspapers | 2 | | having
a general circulation in the territory of the proposed | 3 | | district and no
election shall be held or further proceedings | 4 | | had on said petition to
establish such a community college | 5 | | district. In approving a request for a new community college | 6 | | district, If approved the State Board
shall make submit its | 7 | | findings to the Board of Higher Education for a
determination | 8 | | as to whether or not the proposal is in conformity with a
| 9 | | comprehensive community college program. When the State Board | 10 | | of Higher Education
approves the request for a new community | 11 | | college, the State Board shall
prepare a report of such action | 12 | | on the petition. The report shall contain a
brief statement of | 13 | | the reasons for the decision and a resume stating why
the State | 14 | | Board deems it possible for the proposed district to provide a
| 15 | | desirable 2-year two-year college program at reasonable cost, | 16 | | the conditions under
which such operation would be possible, | 17 | | the estimated results of such
operation in terms of local | 18 | | taxes, the nature and probable cost of
alternative methods of | 19 | | providing adequate community college educational
opportunities | 20 | | for students in the territory involved and such other
| 21 | | information as the State Board believes may be helpful to the | 22 | | voters in
such territory in voting on the proposition to | 23 | | establish a community
college district.
| 24 | | (Source: P.A. 84-509.)
| 25 | | (110 ILCS 805/3-3) (from Ch. 122, par. 103-3)
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| 1 | | Sec. 3-3.
If the State Board of Higher Education | 2 | | disapproves the request for a new
community college, no | 3 | | election shall be held or further proceedings had on
such | 4 | | petition to establish a community college district. If the | 5 | | State Board of
Higher Education approves the request to | 6 | | establish a community college
district, the State Board shall | 7 | | cause notice of a hearing on the petition
to be given by | 8 | | publishing a notice thereof at least once each week for 3
| 9 | | successive weeks in at least one newspaper having general | 10 | | circulation
within the territory of the proposed district, and | 11 | | if no such newspaper
exists, then the publication shall be made | 12 | | in 2 or more newspapers which
together cover the territory with | 13 | | general circulation. The notice shall
state when and to whom | 14 | | the petition was presented, the description of the
territory of | 15 | | the proposed district, and the day on which the hearing upon
| 16 | | the petition and the report of the State Board will be held. On | 17 | | such day or
on a day to which the State Board shall continue | 18 | | said hearing, the State
Board or a hearing officer appointed by | 19 | | it shall hear the petition, present
the report and determine | 20 | | the sufficiency of the petition as herein
prescribed, and may | 21 | | adjourn the hearing from time to time or continue the
matter | 22 | | for want of sufficient notice or for other good cause. The | 23 | | State
Board or a hearing officer appointed by it shall hear any | 24 | | additional
evidence as to the school needs and conditions of | 25 | | the territory and in the
area within and adjacent thereto and | 26 | | if a hearing officer is appointed he
shall report a summary of |
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| 1 | | the testimony to the State Board. Whereupon the
State Board | 2 | | shall determine whether it is for the best interests of the
| 3 | | schools of such area and the educational welfare of the | 4 | | students therein
that such district be organized, and shall | 5 | | determine also whether the
territory described in the petition | 6 | | is compact and contiguous for college
purposes.
| 7 | | (Source: P.A. 78-669.)
| 8 | | (110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
| 9 | | Sec. 3-20.3.01. Whenever, as a result of any lawful order | 10 | | of any agency,
other than a local community college board, | 11 | | having authority to enforce any
law or regulation designed for | 12 | | the protection, health or safety of community
college students, | 13 | | employees or visitors, or any law or regulation for the
| 14 | | protection and safety of the environment, pursuant to the | 15 | | "Environmental
Protection Act", any local community college | 16 | | district, including any district
to which Article VII of this | 17 | | Act applies, is required to alter or repair
any physical | 18 | | facilities, or whenever any district determines that it is
| 19 | | necessary for energy conservation, health or safety, | 20 | | environmental
protection or accessibility purposes that any | 21 | | physical
facilities should be altered or repaired and that such | 22 | | alterations or
repairs will be made with funds not necessary | 23 | | for the completion of
approved and recommended projects for | 24 | | fire prevention and safety, or
whenever after the effective | 25 | | date of this amendatory Act of
1984 any district, including any |
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| 1 | | district to which Article VII applies,
provides for alterations | 2 | | or repairs determined by the local community
college board to | 3 | | be necessary for health and safety, environmental
protection, | 4 | | accessibility or energy conservation purposes, such
district | 5 | | may, by proper resolution which specifically identifies the
| 6 | | project and which is adopted pursuant to the provisions of the | 7 | | Open
Meetings Act, levy a tax for the purpose of paying for | 8 | | such alterations or
repairs, or survey by a licensed architect | 9 | | or engineer, upon the equalized
assessed value of all the | 10 | | taxable property of the district at a rate not to
exceed .05% | 11 | | per year for a period sufficient to finance such alterations or
| 12 | | repairs, upon the following conditions:
| 13 | | (a) When in the judgment of the local community college | 14 | | board of trustees
there are not sufficient funds available in | 15 | | the operations and
maintenance fund of the district to | 16 | | permanently pay for such alterations
or repairs so ordered, | 17 | | determined as necessary.
| 18 | | (b) When a certified estimate of a licensed architect or | 19 | | engineer stating
the estimated amount that is necessary to make
| 20 | | the alterations or repairs so ordered or determined as | 21 | | necessary has been
secured by the local community college | 22 | | district and the project and estimated
amount have been | 23 | | approved by the Executive Director of the State Board .
| 24 | | The filing of a certified copy of the resolution or | 25 | | ordinance levying the
tax when accompanied by the certificate | 26 | | of approval of the Executive Director
of the State Board shall |
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| 1 | | be the authority of the county clerk or clerks
to extend such | 2 | | tax; provided, however, that in no event shall the extension
| 3 | | for the current and preceding years, if any, under this Section | 4 | | be greater
than the amount so approved, and interest on bonds | 5 | | issued pursuant to this
Section and in the event such current | 6 | | extension and preceding extensions
exceed such approval and | 7 | | interest, it shall be reduced proportionately.
| 8 | | The county clerk of each of the counties in which any | 9 | | community college
district levying a tax under the authority of | 10 | | this Section is located, in
reducing raised levies, shall not | 11 | | consider any such tax as a part of the
general levy for | 12 | | community college purposes and shall not include the same
in | 13 | | the limitation of any other tax rate which may be extended. | 14 | | Such tax
shall be levied and collected in like manner as all | 15 | | other taxes of
community college districts.
| 16 | | The tax rate limit hereinabove specified in this Section | 17 | | may be increased
to .10% upon the approval of a proposition to | 18 | | effect such increase by a
majority of the electors voting on | 19 | | that proposition at a regular scheduled
election. Such | 20 | | proposition may be initiated by resolution of the local
| 21 | | community college board and shall be certified by the secretary | 22 | | of the
local community college board to the proper election | 23 | | authorities for
submission in accordance with the general | 24 | | election law.
| 25 | | Each local community college district authorized to levy | 26 | | any tax pursuant
to this Section may also or in the alternative |
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| 1 | | by proper resolution or
ordinance borrow money for such | 2 | | specifically identified purposes not in
excess of $4,500,000 in | 3 | | the aggregate at any one time when
in the judgment
of the local | 4 | | community college board of trustees there are not sufficient
| 5 | | funds available in the operations and maintenance fund of the | 6 | | district to
permanently pay for such alterations or repairs so | 7 | | ordered or determined as
necessary and a certified estimate of | 8 | | a licensed architect or engineer
stating the estimated amount | 9 | | has been secured by
the local community college district and | 10 | | the project and the estimated
amount have been approved by the | 11 | | State Board , and as evidence of such
indebtedness may issue | 12 | | bonds without referendum. However, Community College District | 13 | | No. 522 and Community College District No. 536 may or in the | 14 | | alternative by proper resolution or
ordinance borrow money for | 15 | | such specifically identified purposes not in
excess of | 16 | | $20,000,000 in the aggregate at any one time when
in the | 17 | | judgment
of the community college board of trustees there are | 18 | | not sufficient
funds available in the operations and | 19 | | maintenance fund of the district to
permanently pay for such | 20 | | alterations or repairs so ordered or determined as
necessary | 21 | | and a certified estimate of a licensed architect or engineer
| 22 | | stating the estimated amount has been secured by
the community | 23 | | college district and the project and the estimated
amount have | 24 | | been approved by the State Board , and as evidence of such
| 25 | | indebtedness may issue bonds without referendum. Such bonds | 26 | | shall bear
interest at a rate or rates authorized by "An Act to |
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| 1 | | authorize public
corporations to issue bonds, other evidences | 2 | | of indebtedness and tax
anticipation warrants subject to | 3 | | interest rate limitations set forth
therein", approved May 26, | 4 | | 1970, as now or hereafter amended, shall mature
within 20 years | 5 | | from date, and shall be signed by the chairman, secretary
and | 6 | | treasurer of the local community college board.
| 7 | | In order to authorize and issue such bonds the local | 8 | | community college
board shall adopt a resolution fixing the | 9 | | amount of bonds, the date thereof,
the maturities thereof and | 10 | | rates of interest thereof, and the board by such
resolution, or | 11 | | in a district to which Article VII applies the city council
| 12 | | upon demand and under the direction of the board by ordinance, | 13 | | shall provide
for the levy and collection of a direct annual | 14 | | tax upon all the taxable
property in the local community | 15 | | college district sufficient to pay the
principal and interest | 16 | | on such bonds to maturity. Upon the filing in the
office of the | 17 | | county clerk of each of the counties in which the community
| 18 | | college district is located of a certified copy of such | 19 | | resolution or
ordinance it is the duty of the county clerk or | 20 | | clerks to extend the tax
therefor without limit as to rate or | 21 | | amount and in addition to and in
excess of all other taxes | 22 | | heretofore or hereafter authorized to be levied
by such | 23 | | community college district.
| 24 | | The State Board shall set through administrative rule | 25 | | prepare and enforce regulations and specifications
for minimum | 26 | | requirements for the construction, remodeling or |
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| 1 | | rehabilitation
of heating, ventilating, air conditioning, | 2 | | lighting, seating, water supply,
toilet, accessibility, fire | 3 | | safety and any other matter that
will conserve, preserve or | 4 | | provide for the protection and the health or
safety of | 5 | | individuals in or on community college property and will | 6 | | conserve
the integrity of the physical facilities of the | 7 | | district.
| 8 | | This Section is cumulative and constitutes complete | 9 | | authority for the
issuance of bonds as provided in this Section | 10 | | notwithstanding any other
statute or law to the contrary.
| 11 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 12 | | (110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1)
| 13 | | Sec. 3-22.1.
To cause an audit to be made as of the end of | 14 | | each fiscal year
by an accountant licensed to practice public | 15 | | accounting in Illinois and
appointed by the board. The auditor | 16 | | shall perform his or her examination in
accordance with | 17 | | generally accepted auditing standards and regulations
| 18 | | prescribed by the State Board, and submit his or her report | 19 | | thereon in
accordance
with generally accepted accounting | 20 | | principles. The examination and report
shall include a | 21 | | verification of student enrollments and any other bases
upon | 22 | | which claims are filed with the State Board. The audit report | 23 | | shall
include a statement of the scope and findings of the | 24 | | audit and a
professional opinion signed by the auditor. If a | 25 | | professional opinion is
denied by the auditor he or she shall |
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| 1 | | set forth the reasons for that
denial. The
board shall not | 2 | | limit the scope of the examination to the extent that the
| 3 | | effect of such limitation will result in the qualification of | 4 | | the auditor's
professional opinion. The procedures for payment | 5 | | for the expenses of the
audit shall be in accordance with | 6 | | Section 9 of the Governmental Account
Audit Act.
Copies of the | 7 | | audit report shall be
filed with the State Board in
accordance | 8 | | with regulations prescribed by the State Board. The State Board
| 9 | | shall file one copy of the audit report with the Auditor
| 10 | | General. The State Board shall file copies of the uniform | 11 | | financial
statements from the audit report with the Board of | 12 | | Higher Education.
| 13 | | (Source: P.A. 90-468, eff. 8-17-97.)
| 14 | | (110 ILCS 805/3-29.8) | 15 | | Sec. 3-29.8. Administrator and faculty salary and | 16 | | benefits; report. Each board of trustees shall report to the | 17 | | State Board of Higher Education , on or before July 1 of each | 18 | | year, the base salary and benefits of the president or chief | 19 | | executive officer of the community college and all | 20 | | administrators, faculty members, and instructors employed by | 21 | | the community college district. For the purposes of this | 22 | | Section, "benefits" includes without limitation vacation days, | 23 | | sick days, bonuses, annuities, and retirement enhancements.
| 24 | | (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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| 1 | | (110 ILCS 805/3-36) (from Ch. 122, par. 103-36)
| 2 | | Sec. 3-36.
To buy one or more sites for college purposes | 3 | | with necessary ground, and
to take and purchase the site for a | 4 | | college site either with or without the
owner's consent, by | 5 | | condemnation or otherwise; to pay the amount of any
award made | 6 | | by a jury in a condemnation proceedings; and to select and
| 7 | | purchase all sites without the submission of the question to | 8 | | any
referendum. No such purchase may be made without the prior | 9 | | approval of the
State Board. Purchases under this Section may | 10 | | be made by contract for deed
when the board considers the use | 11 | | of such a contract to be advantageous to
the district but a | 12 | | contract for deed may not provide for interest on the
unpaid | 13 | | balance of the purchase price at a rate in excess of 6% per | 14 | | year nor
for a period of more than 10 years in which that price | 15 | | is to be paid. Title
to all real estate shall be taken and held | 16 | | in the name of the board of the
community college district.
| 17 | | (Source: P.A. 78-669.)
| 18 | | (110 ILCS 805/3-37) (from Ch. 122, par. 103-37)
| 19 | | Sec. 3-37.
To build, buy or lease suitable buildings upon a | 20 | | site approved by
the
State Board and issue bonds, in the manner | 21 | | provided in Article IIIA, or ,
with the prior approval of the | 22 | | Illinois
Community College Board, enter into an installment | 23 | | loan arrangement with
a financial institution with a payback | 24 | | period of less than 20 years provided
the board has entered | 25 | | into a contractual agreement which provides sufficient
revenue |
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| 1 | | to pay such loan in full from sources other than local taxes, | 2 | | tuition,
or State appropriations and to provide adequate | 3 | | additional operation and
maintenance funding for the term of | 4 | | the agreement, for
the purpose of borrowing money to buy sites | 5 | | and to either or both buy or
build and equip buildings and | 6 | | improvements.
| 7 | | Any provision in a contractual agreement providing for an | 8 | | installment
loan agreement authorized by this Section that | 9 | | obligates the State of Illinois
is against public policy and | 10 | | shall be null and void.
| 11 | | (Source: P.A. 91-776, eff. 6-9-00.)
| 12 | | (110 ILCS 805/3-38) (from Ch. 122, par. 103-38)
| 13 | | Sec. 3-38.
To lease, with or without an option to purchase, | 14 | | for a period
not to exceed 5 years or purchase under an | 15 | | installment contract extending
over a period of not more than 5 | 16 | | years, with interest at a rate not to
exceed 6% per year on the | 17 | | unpaid principal, such apparatus, equipment,
machinery or | 18 | | other personal property as may be required when authorized by
| 19 | | the affirmative vote of 2/3 of the members of the board. To | 20 | | lease for a
period not to exceed 20 years such rooms, buildings | 21 | | and land, or any one or
more of such items, as may be required | 22 | | when authorized by the affirmative
vote of 2/3 of the members | 23 | | of the board. Any lease for rooms, buildings or
land for a | 24 | | period exceeding 5 years must have the prior approval of the
| 25 | | State Board. The provisions of this Section do not apply to |
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| 1 | | guaranteed
energy savings contracts or leases entered into | 2 | | under Article V-A.
| 3 | | (Source: P.A. 88-173.)
| 4 | | (110 ILCS 805/3-40) (from Ch. 122, par. 103-40)
| 5 | | Sec. 3-40.
To enter into contracts with any person, | 6 | | organization,
association, educational institution, or | 7 | | governmental agency for
providing or securing educational
| 8 | | services.
Any initial contract with a public university or a | 9 | | private
degree-granting college or university entered into on | 10 | | or after July 1, 1985 but before July 1, 2016
shall have prior | 11 | | approval of the State Board and the Illinois Board of
Higher | 12 | | Education. Any initial contract with a public university or a | 13 | | private
degree-granting college or university entered into on | 14 | | or after July 1, 2016
shall have prior approval of the State | 15 | | Board.
| 16 | | (Source: P.A. 84-509.)
| 17 | | (110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
| 18 | | Sec. 5-11.
Any public community college which subsequent to | 19 | | July 1,
1972 but before July 1, 2016 , commenced construction of | 20 | | any facilities approved by the State Board
and the Illinois | 21 | | Board of Higher Education may, after completion thereof,
apply | 22 | | to the State for a grant for expenditures made by the community | 23 | | college
from its own funds for building purposes for such | 24 | | facilities in excess of
25% of the cost of such facilities as |
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| 1 | | approved by the State Board and the
Illinois Board of Higher | 2 | | Education. Any public community college that, on or after July | 3 | | 1, 2016, commenced construction of any facilities approved by | 4 | | the State Board may, after completion thereof,
apply to the | 5 | | State for a grant for expenditures made by the community | 6 | | college
from its own funds for building purposes for such | 7 | | facilities in excess of
25% of the cost of such facilities as | 8 | | approved by the State Board. A Such grant shall be contingent | 9 | | upon
said community college having otherwise complied with | 10 | | Sections 5-3, 5-4,
5-5 and 5-10 of this Act.
| 11 | | If any payments or contributions of any kind which are | 12 | | based upon, or
are to be applied to, the cost of such | 13 | | construction are received from the
Federal government, or an | 14 | | agency thereof, subsequent to receipt of the grant
herein | 15 | | provided, the amount of such subsequent payment or | 16 | | contributions shall be
paid over to the Capital Development | 17 | | Board by the community college for deposit in the
Capital | 18 | | Development Bond Interest and Retirement Fund.
| 19 | | (Source: P.A. 80-1200.)
| 20 | | (110 ILCS 805/2-10 rep.)
| 21 | | (110 ILCS 805/2-19 rep.)
| 22 | | (110 ILCS 805/2-23 rep.)
| 23 | | (110 ILCS 805/2-16.05 rep.)
| 24 | | (110 ILCS 805/2-18a rep.)
| 25 | | Section 25. The Public Community College Act is amended by |
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| 1 | | repealing Sections 2-10, 2-19, 2-23, 2-16.05, and 2-18a.
| 2 | | Section 99. Effective date. This Act takes effect July 1, | 3 | | 2016.
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