Public Act 90-0720 of the 90th General Assembly
Public Act 90-0720
SB1338 Enrolled LRB9010009THpkA
AN ACT to amend the Public Community College Act by
changing Section 2-16.02.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Community College Act is amended
by changing Section 2-16.02 as follows:
(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
Sec. 2-16.02. Grants. Any community college district
that maintains a community college recognized by the State
Board shall receive, when eligible, grants enumerated in this
Section. Funded semester credit hours or other measures or
both as specified by the State Board shall be used to
distribute grants to community colleges. Funded semester
credit hours shall be defined, for purposes of this Section,
as the greater of (1) the number of semester credit hours, or
equivalent, in all funded instructional categories of
students who have been certified as being in attendance at
midterm during the respective terms of the base fiscal year
or (2) the average of semester credit hours, or equivalent,
in all funded instructional categories of students who have
been certified as being in attendance at midterm during the
respective terms of the base fiscal year and the 2 prior
fiscal years. For purposes of this Section, "base fiscal
year" means the fiscal year 2 years prior to the fiscal year
for which the grants are appropriated. Such students shall
have been residents of Illinois and shall have been enrolled
in courses that are part of instructional program categories
approved by the State Board and that are applicable toward an
associate degree or certificate. Courses are not eligible
for reimbursement where the district receives federal or
State financing or both, except financing through the State
Board, for 50% or more of the program costs with the
exception of courses offered by contract with the Department
of Corrections in correctional institutions. Base operating
Credit hour grants shall be paid based on rates per funded
semester credit hour or equivalent calculated by the State
Board for funded instructional categories using cost of
instruction, enrollment, inflation, and other relevant
factors. A portion of the base operating grant shall be
allocated on the basis of non-residential gross square
footage of space maintained by the district. Small district
grants, in an amount to be determined by the State Board,
shall be made to each district with less than 75,000 funded
semester credit hours, exclusive of Department of Corrections
credit hours.
Equalization grants shall be calculated by the State
Board by determining a local revenue factor for each district
by: (A) adding (1) each district's Corporate Personal
Property Replacement Fund allocations from the base fiscal
year or the average of the base fiscal year and prior year,
whichever is less, divided by the applicable statewide
average tax rate to (2) the district's most recently audited
year's equalized assessed valuation or the average of the
most recently audited year and prior year, whichever is less,
(B) then dividing by the district's audited full-time
equivalent resident students for the base fiscal year or the
average for the base fiscal year and the 2 prior fiscal
years, whichever is greater, and (C) then multiplying by the
applicable statewide average tax rate. The State Board shall
calculate a statewide weighted average threshold by applying
the same methodology to the totals of all districts'
Corporate Personal Property Tax Replacement Fund allocations,
equalized assessed valuations, and audited full-time
equivalent district resident students and multiplying by the
applicable statewide average tax rate. The difference between
the statewide weighted average threshold and the local
revenue factor, multiplied by the number of full-time
equivalent resident students, shall determine the amount of
equalization funding that each district is eligible to
receive. A percentage factor, as determined by the State
Board, may be applied to the statewide threshold as a method
for allocating equalization funding. A minimum equalization
grant of an amount per district as determined by the State
Board shall be established for any community college district
which qualifies for an equalization grant based upon the
preceding criteria, but becomes ineligible for equalization
funding, or would have received a grant of less than the
minimum equalization grant, due to threshold prorations
applied to reduce equalization funding. As of July 1, 1997,
community college districts must maintain a minimum required
in-district tuition rate per semester credit hour as
determined by the State Board. For each fiscal year between
July 1, 1997 and June 30, 2001, districts not meeting the
minimum required rate will be subject to a percent reduction
of equalization funding as determined by the State Board. As
of July 1, 2001, districts must meet the required minimum
in-district tuition rate to qualify for equalization funding.
A special populations grant of a base amount as
determined by the State Board shall be distributed to each
community college district. Any remaining appropriated funds
for special populations purposes shall be distributed based
on factors as determined by the State Board. Each community
college district's expenditures of funds from those grants
shall be limited to courses and services related to programs
for educationally disadvantaged and minority students as
specified by the State Board.
A workforce preparation grant of a base grant amount as
determined by the State Board shall be distributed to each
community college district. Any remaining appropriated funds
for workforce preparation programs shall be distributed based
on factors as determined by the State Board. Each community
college district's expenditures of funds from those grants
shall be limited to workforce preparation activities and
services as specified by the State Board.
An advanced technology equipment grant shall be
distributed proportionately to each community college
district based on each district's share of the State total
funded semester credit hours, or equivalent, in business
occupational, technical occupational, and health occupational
courses or other measures as determined by the State Board.
Each community college district's expenditures of funds from
those grants shall be limited to procurement of equipment for
curricula impacted by technological advances as specified by
the State Board.
Until January 1, 1999, a retirees health insurance grant
shall be distributed proportionately to each community
college district or entity created pursuant to Section 3-55
based on the total number of community college retirees in
the State on July 1 of the fiscal year prior to the fiscal
year for which the grants are appropriated, as determined by
the State Board. Expenditures of funds from those grants
shall be limited to payment of costs associated with
retirees' health insurance. Beginning January 1, 1999, the
retirees health insurance grant shall be limited to community
college districts subject to Article VII of this Act. The
retirees health insurance grants to community college
districts not subject to Article VII for fiscal year
1998-1999 shall be calculated so as to reflect the January 1,
1999 termination date.
A deferred maintenance grant shall be distributed to each
community college district based upon criteria as determined
by the State Board. Each community college district's
expenditures of funds from those grants shall be limited to
deferred maintenance activities specified by the State Board.
A grant shall be provided to the Illinois Occupational
Information Coordinating Committee for the purpose of
providing the State Board with labor market information by
updating the Occupational Information System and HORIZONS
Career Information System and by providing labor market
information and technical assistance, that grant to be
provided in its entirety during the first quarter of the
fiscal year.
The State Board shall distribute such other grants as may
be authorized or appropriated by the General Assembly.
Each community college district entitled to State grants
under this Section must submit a report of its enrollment to
the State Board not later than 30 days following the end of
each semester, quarter, or term in a format prescribed by the
State Board. These semester credit hours, or equivalent,
shall be certified by each district on forms provided by the
State Board. Each district's certified semester credit
hours, or equivalent, are subject to audit pursuant to
Section 3-22.1.
The State Board shall certify, prepare, and submit to the
State Comptroller during August, November, February, and May
of each fiscal year vouchers setting forth an amount equal to
25% of the grants approved by the State Board for base
operating credit hour grants and, small district grants,
special populations grants, workforce preparation grants,
equalization grants, advanced technology equipment grants,
deferred maintenance grants, and retirees health insurance
grants. The State Board shall prepare and submit to the State
Comptroller vouchers for payments of other grants special
initiatives grant payments as appropriated by the General
Assembly. set forth in the contracts executed pursuant to
appropriations received for special initiatives. The
Comptroller shall cause his warrants to be drawn for the
respective amounts due, payable to each community college
district, within 15 days following the receipt of such
vouchers. If the amount appropriated for grants is different
from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased
accordingly.
For the purposes of this Section, "resident student"
means a student in a community college district who maintains
residency in that district or meets other residency
definitions established by the State Board, and who was
enrolled either in one of the approved instructional program
categories in that district, or in another community college
district to which the resident's district is paying tuition
under Section 6-2 or with which the resident's district has
entered into a cooperative agreement in lieu of such tuition.
For the purposes of this Section, a "full-time
equivalent" student is equal to 30 semester credit hours.
The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of
income to this fund shall include any grants, awards,
endowments, or like proceeds, and where appropriate, other
funds made available through contracts with governmental,
public, and private agencies or persons. The General
Assembly shall from time to time make appropriations payable
from such fund for the support, improvement, and expenses of
the State Board and Illinois community college districts.
(Source: P.A. 89-141, eff. 7-14-95; 89-281, eff. 8-10-95;
89-473, eff. 6-18-96; 89-626, eff. 8-9-96; 90-468, eff.
8-17-97; 90-486, eff. 8-17-97; 90-497, eff. 8-18-97; revised
11-17-97.)
Section 99. Effective date. This Act takes effect July
1, 1998.