State of Illinois
90th General Assembly
Legislation

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90_SB0848

      110 ILCS 805/2-16.02      from Ch. 122, par. 102-16.02
          Amends the provisions of  the  Public  Community  College
      Act.   Authorizes  the  Illinois  Community  College Board to
      specify the measures that will be used to  distribute  grants
      to  community  colleges.   Authorizes  the  Board  to apply a
      percentage factor to the statewide threshold  in  determining
      the  level of equalization funding and a minimum equalization
      grant for a qualifying district that becomes  ineligible  for
      any  or  for  full  equalization  funding  due  to  threshold
      prorations.  Requires community college districts to maintain
      in-district   tuition  rates  per  semester  credit  hour  as
      determined by the State Board and provides for a reduction in
      equalization funding for districts  that  fail  to  meet  the
      minimum  required rate until, by July 1, 2001, districts fail
      to qualify for equalization funding if they do not  meet  the
      required  minimum  in-district  tuition  rate.  Also  revises
      provisions  relative  to small district, special populations,
      and workforce preparation grants and  provides  for  deferred
      maintenance  grants  based  upon  criteria established by the
      State Board.  Eliminates provisions under  which  a  one-time
      operating  expense  start-up  grant was provided to Community
      College District No. 540.  Effective July 1, 1997.
                                                    LRB9003040THpkA
                                              LRB9003040THpkA
 1        AN ACT to amend  the  Public  Community  College  Act  by
 2    changing Section 2-16.02.
 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 Section 2-16.02 as follows:
 7        (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
 8        Sec.   2-16.02.  Any   community  college  district  that
 9    maintains a community college recognized by the  State  Board
10    shall  receive,  when  eligible,  grants  enumerated  in this
11    Section.  Funded semester credit hours or other  measures  as
12    specified  by  the  State  Board  shall be used to distribute
13    grants to community colleges. Except for equalization grants,
14    retirees  health  insurance  grants,  grants   to   districts
15    established pursuant to Section 6-6.1, and grants for special
16    initiatives,  all  grants  specified in this Section shall be
17    based on  funded  semester  credit  hours.   Funded  semester
18    credit  hours shall be defined, for purposes of this Section,
19    as the greater of (1) the number of semester credit hours, or
20    equivalent,  in  all  funded  instructional   categories   of
21    students  who  have  been certified as being in attendance at
22    midterm during the respective terms of the base  fiscal  year
23    or  (2)  the average of semester credit hours, or equivalent,
24    in all funded instructional categories of students  who  have
25    been  certified  as being in attendance at midterm during the
26    respective terms of the base fiscal  year  and  the  2  prior
27    fiscal  years.   For  purposes  of this Section, "base fiscal
28    year" means the fiscal year 2 years prior to the fiscal  year
29    for  which  the grants are appropriated.  Such students shall
30    have been residents of Illinois and shall have been  enrolled
31    in  courses that are part of instructional program categories
                            -2-               LRB9003040THpkA
 1    approved by the State Board and that are applicable toward an
 2    associate degree or certificate.  Courses  are  not  eligible
 3    for  reimbursement  where  the  district  receives federal or
 4    State financing or both, except financing through  the  State
 5    Board,  for  50%  or  more  of  the  program  costs  with the
 6    exception of courses offered by contract with the  Department
 7    of   Corrections   in   correctional   institutions.    After
 8    distributing  a  grant  of up to one-tenth of 1% of the total
 9    available credit hour grant funding  to  each  district  with
10    less  than  75,000  funded semester credit hours exclusive of
11    Department of Corrections credit hours, the remaining  Credit
12    hour  grants shall be paid based on rates per funded semester
13    credit hour or equivalent calculated by the State  Board  for
14    funded  instructional  categories  using cost of instruction,
15    enrollment, inflation,  and  other  relevant  factors.  Small
16    district  grants,  in an amount to be determined by the State
17    Board, shall be made to each district with less  than  75,000
18    funded  semester  credit  hours,  exclusive  of Department of
19    Corrections credit hours.
20        Grants for Equalization grants shall  be  distributed  to
21    each   district   that  falls  below  a  statewide  threshold
22    calculated by the State Board by determining a local  revenue
23    factor  for each district by:  (A) adding (1) each district's
24    the Corporate Personal Property Replacement Fund  allocations
25    from  the  base fiscal year or the average of the base fiscal
26    year and prior  year,  whichever  is  less,  divided  by  the
27    applicable  statewide  average tax rate to (2) the district's
28    most recently audited year's equalized assessed valuation  or
29    the average of the most recently audited year and prior year,
30    whichever is less, (B) then dividing by the district's number
31    of  audited  full-time  equivalent  resident students for the
32    base fiscal year or the average for the base  fiscal year and
33    the 2 prior fiscal years, whichever is greater, and (C)  then
34    multiplying  by  the  applicable  statewide average tax rate.
                            -3-               LRB9003040THpkA
 1    The State Board shall calculate a statewide weighted  average
 2    threshold  by applying use the same methodology to the totals
 3    of all districts' Corporate Personal Property Tax Replacement
 4    Fund allocations, equalized assessed valuations, and  audited
 5    full-time   equivalent   district   resident   students   and
 6    multiplying  by  the  applicable  statewide  average tax rate
 7    calculate a local  revenue  factor  for  each  district.  The
 8    difference  between  the statewide weighted average threshold
 9    and the local revenue factor, multiplied  by  the  number  of
10    full-time  equivalent  resident students, shall determine the
11    amount of equalization funding that each district is eligible
12    to receive. A percentage factor, as determined by  the  State
13    Board,  may be applied to the statewide threshold as a method
14    for allocating equalization funding.  A minimum  equalization
15    grant  of  an  amount per district as determined by the State
16    Board shall be established for any community college district
17    which qualifies for an  equalization  grant  based  upon  the
18    preceding  criteria,  but becomes ineligible for equalization
19    funding, or would have received a  grant  of  less  than  the
20    minimum  equalization  grant,  due  to  threshold  prorations
21    applied  to reduce equalization funding.  As of July 1, 1997,
22    community college districts must maintain a minimum  required
23    in-district   tuition   rate  per  semester  credit  hour  as
24    determined by the State Board. For each fiscal  year  between
25    July  1,  1997  and  June 30, 2001, districts not meeting the
26    minimum required rate will be subject to a percent  reduction
27    of equalization funding as determined by the State Board.  As
28    of  July  1,  2001,  districts must meet the required minimum
29    in-district tuition rate to qualify for equalization funding.
30        A  special  populations  grant  of  a  base   amount   as
31    determined  by  the State Board $20,000 per community college
32    shall be distributed to each community college district., and
33    Any remaining  appropriated  funds  for  special  populations
34    purposes  shall be distributed based on factors as determined
                            -4-               LRB9003040THpkA
 1    by the State Board programs  with  the  exception  of  moneys
 2    appropriated   as   grants  for  unique  special  populations
 3    initiatives created by the State Board shall  be  distributed
 4    proportionately  to  each  community  college district on the
 5    basis of each district's share  of  the  State  total  funded
 6    semester      credit     hours,     or     equivalent,     in
 7    remedial/developmental  and   adult   basic   education/adult
 8    secondary   education   courses.    Each   community  college
 9    district's expenditures of funds from those grants  shall  be
10    limited  to  courses  and  services  related  to programs for
11    educationally  disadvantaged   and   minority   students   as
12    specified by the State Board.
13        A  workforce  preparation grant of a base grant amount as
14    determined by the State Board $35,000 shall be distributed to
15    each  community  college   district.,   and   Any   remaining
16    appropriated  funds  for  workforce preparation programs with
17    the exception of monies appropriated as  grants  for  special
18    workforce  preparation initiatives created by the State Board
19    shall be distributed based on factors as  determined  by  the
20    State   Board   proportionately  to  each  community  college
21    district on the basis of each district's share of  the  State
22    total   funded  semester  credit  hours,  or  equivalent,  in
23    business occupational,  technical  occupational,  and  health
24    occupational  courses.   Each  community  college  district's
25    expenditures  of  funds from those grants shall be limited to
26    workforce preparation activities and services as specified by
27    the State Board.
28        An  advanced  technology   equipment   grant   shall   be
29    distributed   proportionately   to   each  community  college
30    district based on each district's share of  the  State  total
31    funded  semester  credit  hours,  or  equivalent, in business
32    occupational, technical occupational, and health occupational
33    courses or other measures as determined by the  State  Board.
34    Each  community college district's expenditures of funds from
                            -5-               LRB9003040THpkA
 1    those grants shall be limited to procurement of equipment for
 2    curricula impacted by technological advances as specified  by
 3    the State Board.
 4        A  retirees  health  insurance grant shall be distributed
 5    proportionately to each community college district or  entity
 6    created  pursuant  to  Section  3-55 based on each district's
 7    share of the total number of community  college  retirees  in
 8    the  State  on  July 1 of the fiscal year prior to the fiscal
 9    year for which the grants are appropriated, as determined  by
10    the   State   Board.    Each   community  college  district's
11    Expenditures of funds from those grants shall be  limited  to
12    payment  of  costs associated with the provision of retirees'
13    health insurance.
14        A deferred maintenance grant shall be distributed to each
15    community college district based upon criteria as  determined
16    by   the  State  Board.  Each  community  college  district's
17    expenditures of funds from those grants shall be  limited  to
18    deferred maintenance activities specified by the State Board.
19        A  grant  shall  be provided to the Illinois Occupational
20    Information  Coordinating  Committee  for  the   purpose   of
21    providing  the  State  Board with labor market information by
22    updating the Occupational  Information  System  and  HORIZONS
23    Career  Information  System  and  by  providing  labor market
24    information  and  technical  assistance,  that  grant  to  be
25    provided in its entirety during  the  first  quarter  of  the
26    fiscal year.
27        A  grant  shall be provided to Community College District
28    #540, that district having been formed under  the  provisions
29    of  Section 6-6.1, for the purpose of providing funds for the
30    district to meet operating expenses.  The State  Board  shall
31    certify,  prepare, and submit to the State Comptroller during
32    August of the fiscal year a voucher setting forth a  one-time
33    payment  of  any Education Assistance Fund appropriation, and
34    during November, February, and  May  of  the  fiscal  year  a
                            -6-               LRB9003040THpkA
 1    voucher  setting forth equal payments of General Revenue Fund
 2    appropriations.  The Comptroller shall cause a warrant to  be
 3    drawn  for  the  amount  due,  payable  to  Community College
 4    District #540, within 15 days following the receipt  of  each
 5    such voucher.
 6        The  State  Board  shall  distribute  such  other special
 7    grants as may be authorized or appropriated  by  the  General
 8    Assembly.
 9        Each  community college district entitled to State grants
10    under this Section must submit a report of its enrollment  to
11    the  State  Board not later than 30 days following the end of
12    each semester, quarter, or term in a format prescribed by the
13    State Board.  These semester  credit  hours,  or  equivalent,
14    shall  be certified by each district on forms provided by the
15    State  Board.   Each  district's  certified  semester  credit
16    hours, or  equivalent,  are  subject  to  audit  pursuant  to
17    Section 3-22.1.
18        The State Board shall certify, prepare, and submit to the
19    State  Comptroller during August, November, February, and May
20    of each fiscal year vouchers setting forth an amount equal to
21    25% of the districts' total  grants  approved  by  the  State
22    Board  for credit hour grants, small district grants, special
23    populations    grants,    workforce    preparation    grants,
24    equalization grants, advanced  technology  equipment  grants,
25    deferred  maintenance  grants,  and retirees health insurance
26    grants. The State Board shall prepare and submit to the State
27    Comptroller vouchers for special initiatives  grant  payments
28    as   set   forth   in  the  contracts  executed  pursuant  to
29    appropriations  received   for   special   initiatives.   The
30    Comptroller  shall  cause  his  warrants  to be drawn for the
31    respective amounts due, payable  to  each  community  college
32    district,  within  15  days  following  the  receipt  of such
33    vouchers.  If the amount appropriated for grants is different
34    from the amount provided for such grants under this Act,  the
                            -7-               LRB9003040THpkA
 1    grants   shall   be   proportionately  reduced  or  increased
 2    accordingly.
 3        For the purposes  of  this  Section,  "resident  student"
 4    means a student in a community college district who maintains
 5    residency   in   that   district  or  meets  other  residency
 6    definitions established by  the  State  Board,  and  who  was
 7    enrolled  either in one of the approved instructional program
 8    categories in that district, or in another community  college
 9    district  to  which the resident's district is paying tuition
10    under Section 6-2 or with which the resident's  district  has
11    entered into a cooperative agreement in lieu of such tuition.
12        For   the   purposes   of   this  Section,  a  "full-time
13    equivalent" student is equal to 30 semester credit hours.
14        The Illinois Community College Board Contracts and Grants
15    Fund is hereby created  in  the  State  Treasury.   Items  of
16    income  to  this  fund  shall  include  any  grants,  awards,
17    endowments,  or  like  proceeds, and where appropriate, other
18    funds made available  through  contracts  with  governmental,
19    public,   and  private  agencies  or  persons.   The  General
20    Assembly shall from time to time make appropriations  payable
21    from  such fund for the support, improvement, and expenses of
22    the State Board and Illinois community college districts.
23    (Source: P.A. 88-103; 88-553; 89-141, eff.  7-14-95;  89-281,
24    eff. 8-10-95; 89-473, eff. 6-18-96; 89-626, eff. 8-9-96.)
25        Section  99.  Effective date.  This Act takes effect July
26    1, 1997.

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