Illinois General Assembly - Full Text of Public Act 099-0655
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Public Act 099-0655


 

Public Act 0655 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0655
 
HB6009 EnrolledLRB099 18835 NHT 43220 b

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

Effective Date: 7/28/2016