State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_HB1180enr

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

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