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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,15retirees health insurance grants, grants to districts16established pursuant to Section 6-6.1, and grants for special17initiatives, all grants specified in this Section shall be18based 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.After9distributing a grant of up to one-tenth of 1% of the total10available credit hour grant funding to each district with11less than 75,000 funded semester credit hours exclusive of12Department of Corrections credit hours, the remainingCredit 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. 21Grants forEqualization grants shall bedistributed to22each district that falls below a statewide threshold23 calculated by the State Board by determining a local revenue 24 factor for each district by: (A) adding (1) each district's 25theCorporate 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'snumber32ofaudited 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 applyingusethe 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 8calculate 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 college33 shall be distributed to each community college district., and34 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 Boardprograms with the exception of moneys3appropriated as grants for unique special populations4initiatives created by the State Board shall be distributed5proportionately to each community college district on the6basis of each district's share of the State total funded7semester credit hours, or equivalent, in8remedial/developmental and adult basic education/adult9secondary 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$35,000shall be distributed to 16 each community college district., andAny remaining 17 appropriated funds for workforce preparation programswith18the exception of monies appropriated as grants for special19workforce preparation initiatives created by the State Board20 shall be distributed based on factors as determined by the 21 State Boardproportionately to each community college22district on the basis of each district's share of the State23total funded semester credit hours, or equivalent, in24business occupational, technical occupational, and health25occupational 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 oneach district's8share ofthe 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's12 Expenditures of funds from those grants shall be limited to 13 payment of costs associated withthe provision ofretirees' 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. 28A grant shall be provided to Community College District29#540, that district having been formed under the provisions30of Section 6-6.1, for the purpose of providing funds for the31district to meet operating expenses. The State Board shall32certify, prepare, and submit to the State Comptroller during33August of the fiscal year a voucher setting forth a one-time34payment of any Education Assistance Fund appropriation, andHB1180 Enrolled -6- LRB9002809LDdv 1during November, February, and May of the fiscal year a2voucher setting forth equal payments of General Revenue Fund3appropriations. The Comptroller shall cause a warrant to be4drawn for the amount due, payable to Community College5District #540, within 15 days following the receipt of each6such voucher.7 The State Board shall distribute such otherspecial8 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 thedistricts' totalgrants 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$1,500,000in 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 reportand9one copywith the Board of Higher Education. 10 (Source: P.A. 87-246.) 11 Section 99. Effective date. This Act takes effect July 12 1, 1997.