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