Rep. Chad Hays
Filed: 4/20/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 1940 




2 AMENDMENT NO. ______. Amend House Bill 1940 by replacing 
3everything after the enacting clause with the following:


4 "(30 ILCS 105/5.325 rep.)
5 Section 5. The State Finance Act is amended by repealing 
6Section 5.325.

7 Section 10. The Public Community College Act is amended by 
8changing Sections 1-2, 2-11, 2-12, 2-12.1, 2-15, 2-16.02, 2-24, 
93-7, 3-7a, 3-14.2, 3-14.3, 3-20.1, 3-22.1, 3-25.1, 3-26.1, 
103-29, 3-40, 3-42.1, 3-48, 3-53, 5-3, 5-4, 5-6, 5-7, 5A-15, 
115A-25, 5A-35, 5A-45, 6-2, 6-4.1, 7-5, 7-9, 7-25, and 7-26 and 
12by adding Section 6-4.2 as follows:




13 (110 ILCS 805/1-2) (from Ch. 122, par. 101-2)



14 Sec. 1-2. The following terms have the meanings 
15respectively prescribed
for them except as the context 
 
 
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1otherwise requires:

2 (a) "Board of Higher Education": The Board of Higher 
3Education created
by "An Act creating a Board of Higher 
4Education, defining its powers and
duties, making an 
5appropriation therefor, and repealing an Act herein
named", 
6approved August 22, 1961, as now or hereafter amended.

7 (b) "State Board": Illinois Community College Board 
8created by Article
II of this Act.

9 (c) "Community Colleges": Public community colleges 
10existing in
community college districts organized under this 
11Act,
or public community colleges which prior to October 1, 
121973, were organized
as public junior colleges under this Act, 
13or public community
colleges existing in districts accepted as 
14community college districts
under this Act which districts have 
15a population of not less than 30,000
inhabitants or consist of 
16at least 3 counties or that portion of 3 counties
not included 
17in a community college district and an assessed valuation of

18not less than $75,000,000 and which districts levy a tax for 
19community
college purposes.

20 (d) "Community College Districts": Districts authorized to 
21maintain
community colleges under this Act, including 
22community college districts
which prior to October 1, 1973, 
23were established under this Act as public
junior college 
24districts.

25 (e) "Comprehensive community college program": A program 
26offered by a
community college which includes (1) courses in 
 
 
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1liberal arts and sciences
and general education; (2) adult 
2education courses; and (3) courses in
occupational, 
3semi-technical or technical fields leading directly to

4employment. At least 15% of all courses taught must be in 
5fields leading
directly to employment, one-half of which 
6courses to be in fields other
than business education.

7 (f) "Common Schools": Schools in districts operating 
8grades 1 through 8,
1 through 12 or 9 through 12.

9 (g) "Board": The board of trustees of a community college 
10district,
whether elected or appointed.

11 (h) "The election for the establishment": An election to 
12establish a
community college district under Article III, or an 
13election to establish a
junior college district prior to July 
1415, 1965, which district has become a
community college 
15district under this Act.

16 (i) "Regional superintendent": The superintendent of an 
17educational
service region.

18 (j) "Employment Advisory Board": A board, appointed by the 
19Board of
Trustees of a Community College District, for the 
20purpose of advising the
Board of Trustees as to local 
21employment conditions within the boundaries
of the Community 
22College District.

23 (k) "Operation and maintenance of facilities": The 
24management of fixed
equipment, plant and infrastructure.

25(Source: P.A. 97-539, eff. 8-23-11.)





 
 
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1 (110 ILCS 805/2-11) (from Ch. 122, par. 102-11)



2 Sec. 2-11. 
The State Board in cooperation with the 
3four-year colleges is empowered
to develop articulation 
4procedures to the end that maximize maximum freedom of
transfer 
5among and between community colleges and baccalaureate 
6granting between community colleges and
degree-granting 
7institutions be available, and consistent with minimum

8admission policies established by the Board of Higher 
9Education.

10(Source: P.A. 78-669.)




11 (110 ILCS 805/2-12) (from Ch. 122, par. 102-12)


12 Sec. 2-12. The State Board shall have the power and it 
13shall be its duty: 

14  (a) To provide statewide planning for community 
15 colleges as
institutions of higher education and to 
16 coordinate co-ordinate the programs, services
and 
17 activities of all community colleges in the State so as to 
18 encourage
and establish a system of locally initiated and 
19 administered
comprehensive community colleges.

20  (b) To organize and conduct feasibility surveys for new 
21 community
colleges or for the inclusion of existing 
22 institutions as community
colleges and the locating of new 
23 institutions.

24  (c) (Blank).

25  (c-5) In collaboration with the community colleges, to 
 
 
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1 furnish information for State and federal accountability 
2 purposes, promote student and institutional improvement, 
3 and meet research needs.
4  (d) To cooperate with the community colleges in 
5 collecting and maintaining continuing studies
of student 
6 characteristics, enrollment and completion data, faculty 
7 and staff characteristics, financial data, admission 
8 standards, grading policies,
performance of transfer 
9 students, qualification and certification of
facilities, 
10 and any other issues facing community colleges problem of 
11 community college education.

12  (e) To enter into contracts with other governmental 
13 agencies and eligible
providers, such as local educational 
14 agencies, community-based
organizations of demonstrated 
15 effectiveness, volunteer literacy organizations
of 
16 demonstrated effectiveness, institutions of higher 
17 education, public and
private nonprofit agencies, 
18 libraries, and public housing authorities; to
accept 
19 federal funds and to plan with other State agencies when 
20 appropriate for
the allocation of such federal funds for 
21 instructional programs and student
services including such 
22 funds for adult education and adult literacy,
vocational 
23 and career and technical education, and retraining as may 
24 be allocated by
state and federal agencies for the aid of 
25 community colleges. To receive,
receipt for, hold in trust, 
26 expend and administer, for all purposes of this
Act, funds 
 
 
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1 and other aid made available by the federal government or 
2 by other
agencies public or private, subject to 
3 appropriation by the General Assembly.
The changes to this 
4 subdivision (e) made by this amendatory Act of the 91st

5 General
Assembly apply on and after July 1, 2001.

6  (f) To determine efficient and adequate standards for 
7 community
colleges for the physical plant, heating, 
8 lighting, ventilation,
sanitation, safety, equipment and 
9 supplies, instruction and teaching,
curriculum, library, 
10 operation, maintenance, administration and
supervision, 
11 and to grant recognition certificates to community 
12 colleges
meeting such standards.

13  (g) To determine the standards for establishment of 
14 community
colleges and the proper location of the site in 
15 relation to existing
institutions of higher education 
16 offering academic, occupational and
technical training 
17 curricula, possible enrollment, assessed valuation,

18 industrial, business, agricultural, and other conditions 
19 reflecting
educational needs in the area to be served; 
20 however, no community
college may be considered as being 
21 recognized nor may the establishment
of any community 
22 college be authorized in any district which shall be
deemed 
23 inadequate for the maintenance, in accordance with the 
24 desirable
standards thus determined, of a community 
25 college offering the basic
subjects of general education 
26 and suitable vocational and
semiprofessional and technical 
 
 
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1 curricula.

2  (h) To approve or disapprove new units of instruction, 
3 research or
public service as defined in Section 3-25.1
of 
4 this Act submitted by the
boards of trustees of the 
5 respective community college districts of this
State. The 
6 State Board may discontinue programs which fail to reflect

7 the educational needs of the area being served.
The 
8 community college district shall be granted 60 days 
9 following the
State Board staff recommendation and prior to 
10 the State Board's action to
respond to concerns regarding 
11 the program in question. If the State Board
acts to abolish 
12 a community college program, the community college 
13 district
has a right to appeal the decision in accordance 
14 with administrative rules
promulgated by the State Board 
15 under the provisions of the Illinois
Administrative 
16 Procedure Act.

17  (i) To review and approve or disapprove any contract or 
18 agreement that participate in, to recommend approval or 
19 disapproval, and to
assist in the coordination of the 
20 programs
of community colleges enter into with any 
21 organization, association, educational institution, or 
22 government agency to provide educational services for 
23 academic credit participating in programs of 
24 interinstitutional
cooperation with other public or 
25 nonpublic institutions of higher education. The State 
26 Board is authorized to monitor performance under any 
 
 
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1 contract or agreement that is approved by the State Board.

2 If the State Board does not approve a particular contract 
3 or cooperative agreement,
the community college district 
4 has a right to appeal the decision in
accordance with 
5 administrative rules promulgated by the State Board under

6 the provisions of the Illinois Administrative Procedure 
7 Act.

8  (j) To establish guidelines regarding sabbatical 
9 leaves.

10  (k) To establish guidelines for the admission into 
11 special,
appropriate programs conducted or created by 
12 community colleges for
elementary and secondary school 
13 dropouts who have received truant status
from the school 
14 districts of this State in compliance with Section 26-14 of

15 The School Code.

16  (l) (Blank). The Community College Board shall conduct 
17 a study of community
college teacher education courses to 
18 determine how the community college
system can increase its 
19 participation in the preparation of elementary and

20 secondary teachers.

21  (m) (Blank).

22  (n) To create and participate in the conduct and 
23 operation of any
corporation, joint venture, partnership, 
24 association, or other organizational
entity that has the 
25 power: (i) to acquire land, buildings, and other capital

26 equipment for the use and benefit of the community colleges 
 
 
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1 or their students;
(ii) to accept gifts and make grants for 
2 the use and benefit of the community
colleges or their 
3 students; (iii) to aid in the instruction and education of

4 students of community colleges; and (iv) to promote 
5 activities to acquaint
members of the community with the 
6 facilities of the various community
colleges.

7  (o) On and after July 1, 2001, to ensure the effective 
8 teaching of adults
and to prepare them
for success in 
9 employment and lifelong learning by administering a

10 network of providers, programs, and services to provide 
11 adult basic
education, adult secondary and high school 
12 equivalency testing education, English as a
second 
13 language, and any other instruction designed to prepare 
14 adult
students to function successfully in society and to 
15 experience success in
postsecondary education and 
16 employment the world of work.


17  (p) On and after July 1, 2001, to supervise the 
18 administration of adult
education and adult literacy 
19 programs, to establish the standards for such
courses of 
20 instruction and supervise the administration thereof, to 
21 contract
with other State and local agencies and eligible 
22 providers of demonstrated effectiveness, such as local

23 educational agencies, community-based organizations of 
24 demonstrated
effectiveness, volunteer literacy 
25 organizations of demonstrated effectiveness,
institutions 
26 of higher education, public and private nonprofit 
 
 
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1 agencies,
libraries, and public housing authorities, and 
2 non-profit institutions for the purpose of promoting and

3 establishing classes for instruction under these programs, 
4 to contract with
other State and local agencies to accept 
5 and expend appropriations for
educational purposes to 
6 reimburse local eligible providers for the cost of
these 
7 programs, and to establish an advisory council consisting 
8 of all
categories of eligible providers; agency partners, 
9 such as the State Board of
Education, the Department of 
10 Human Services, the Department of Employment
Security, the 
11 Department of Commerce and Economic Opportunity, and the 
12 Secretary of State literacy program; and other

13 stakeholders to identify, deliberate, and make 
14 recommendations to the State
Board on adult education 
15 policy and priorities. The State Board shall support 
16 statewide geographic distribution;
diversity of eligible 
17 providers; and the adequacy, stability, and
predictability 
18 of funding so as not to disrupt or diminish, but rather to

19 enhance, adult education and literacy services by this 
20 change of administration.

21(Source: P.A. 98-718, eff. 1-1-15; 99-655, eff. 7-28-16.)





22 (110 ILCS 805/2-12.1) (from Ch. 122, par. 102-12.1)



23 Sec. 2-12.1. Experimental district; abolition of 
24experimental district
and establishment of new community 
25college district.
 
 
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1 (a) The State Board shall establish an experimental

2community college district, referred to in this Act as the 
3"experimental
district", to be comprised of territory which 
4includes the City of East
St. Louis, Illinois. The State Board 
5shall determine the area and fix
the boundaries of the 
6territory of the experimental district. Within 30 days
of the 
7establishment of the experimental district, the State Board 
8shall
file with the county clerk of the county, or counties, 
9concerned a map
showing the territory of the experimental 
10district.

11 Within the experimental district, the State Board shall 
12establish,
maintain and operate, until the experimental 
13district is abolished and a new
community college district is 
14established under subsection (c), an
experimental community 
15college to be
known as the State Community College of East St. 
16Louis.

17 (b) (Blank). 

18 (c) The experimental district established under subsection 
19(a) of this Section is abolished on July 1, 1996 shall be 
20abolished and replaced by a new
community college district as 
21follows:


22  (1) The establishment of the new community college 
23 district shall become
effective for all purposes on July
1, 
24 1996, notwithstanding any minimum population,
equalized 
25 assessed valuation or other requirements provided by 
26 Section 3-1
or any other provision of this Act for the 
 
 
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1 establishment of a community
college district.


2  (2) The experimental district established pursuant to 
3 subsection (a) shall
be abolished on July 1, 1996 when the 
4 establishment of the new community
college district 
5 becomes effective for all purposes.


6  (3) The territory of the new community college district 
7 shall be comprised
of the territory of, and its boundaries 
8 shall be coterminous with the
boundaries of the 
9 experimental district which it will replace, as those

10 boundaries existed on November 7, 1995.


11  (4) Notwithstanding the fact that the establishment of 
12 the new community
college district does not become 
13 effective for all purposes until July 1, 1996, the election

14 for the members of the initial board of the new community 
15 college district,
to consist of 7 members, shall be held at 
16 the nonpartisan election in
November of 1995 in the manner 
17 provided by the general election law,
nominating petitions 
18 for members of the initial board shall be filed with
the 
19 regional superintendent in the manner provided by Section 
20 3-7.10 with
respect to newly organized districts, and the 
21 persons entitled to nominate
and to vote at the election 
22 for the members of the board of the new
community college 
23 district shall be the electors in the territory referred
to 
24 in paragraph (3) of this subsection. In addition, for 
25 purposes of the
levy, extension, and collection of taxes as 
26 provided in paragraph (5.5) of this
subsection and for the 
 
 
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1 purposes of establishing the territory and boundaries
of 
2 the new community college district within and for which 
3 those taxes are to
be levied, the new community college 
4 district shall be deemed established and
effective when the 
5 7 members of the initial board of the new community college

6 district are elected and take office as provided in this 
7 subsection (c).


8  (5) Each member elected to the initial board of the new 
9 community college
district must, on the date of his 
10 election, be a citizen of the United
States, of the age of 
11 18 years or over, and a resident of the State and the

12 territory referred to in paragraph (3) of this subsection 
13 for at least one
year preceding his election. Election to 
14 the initial board of the new
community college district of 
15 a person who on July 1, 1996 is a member of a
common school 
16 board constitutes his resignation from, and creates a 
17 vacancy
on that common school board effective July 1, 1996.


18  (5.5) The members first elected to the board of 
19 trustees shall take office
on the first Monday of December, 
20 1995, for the sole and limited purpose of
levying, at the 
21 rates specified in the proposition submitted to the 
22 electors
under subsection (b), taxes for the educational 
23 purposes and for the operations
and maintenance of 
24 facilities purposes of the new community college district.

25 The taxes shall be levied in calendar year 1995 for 
26 extension and collection in
calendar year 1996, 
 
 
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1 notwithstanding the fact that the new community college

2 district does not become effective for the purposes of 
3 administration of the
community college until July 1, 1996. 
4 The regional superintendent shall
convene the meeting 
5 under this paragraph and the members shall organize for the

6 purpose of that meeting by electing, pro tempore, a 
7 chairperson and a
secretary. At that meeting the board is 
8 authorized to levy taxes for
educational purposes and for 
9 operations and maintenance of facilities purposes
as 
10 authorized in this paragraph without adopting any budget 
11 for the new
community college district
and shall certify 
12 the levy to the appropriate county clerk or county clerks 
13 in
accordance with law. The county clerks shall extend the 
14 levy notwithstanding
any law that otherwise requires 
15 adoption of a budget before extension of the
levy. The 
16 funds produced by the levy made under this paragraph to the 
17 extent
received by a county collector before July 1, 1996 
18 shall immediately be
invested in lawful investments and 
19 held by the county collector for payment and
transfer to 
20 the new community
college district, along with all accrued 
21 interest or other earnings accrued on
the investment, as 
22 provided by law on July 1, 1996. All funds produced by the

23 levy and received by a county collector on or after July 1, 
24 1996 shall be
transferred to the new community college 
25 district as provided by law at such
time as they are 
26 received by the county collector.


 
 
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1  (5.75) Notwithstanding any other provision of this 
2 Section or the fact
that establishment of the new community 
3 college district as provided in this
subsection does not 
4 take effect until July 1, 1996, the members first elected

5 to the board of trustees of the new community college 
6 district are authorized
to meet, beginning on June 1, 1996 
7 and thereafter for purposes of: (i)
arranging for and 
8 approving educational programs, ancillary services, 
9 staffing,
and associated expenditures that relate to the 
10 offering by the new community
college district of 
11 educational programs beginning on or after July 1, 1996 and

12 before the fall term of the 1996-97 academic year, and (ii) 
13 otherwise
facilitating the orderly transition of

14 operations from the experimental district known as State 
15 Community College of
East St. Louis to the new community 
16 college district established under this
subsection. The 
17 persons elected to serve, pro
tempore, as chairperson and 
18 secretary of the board for purposes of paragraph
(5.5) 
19 shall continue to serve in that capacity for purposes of 
20 this paragraph
(5.75).


21  (6) Except as otherwise provided in paragraphs (5.5)

22 and (5.75), each of the members
first elected to the board 
23 of the new community
college district shall take office on 
24 July 1, 1996, and the Illinois
Community College Board, 
25 publicly by lot and not later than July 1, 1996,
shall 
26 determine the length of term to be served by each member of 
 
 
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1 the
initial board as follows: 2 shall serve until their 
2 successors are elected
at the nonpartisan election in 1997 
3 and have qualified, 2 shall serve until
their successors 
4 are elected at the consolidated election in 1999 and have

5 qualified, and 3 shall serve until their successors are 
6 elected at the
consolidated election in 2001 and have 
7 qualified. Their successors shall
serve 6 year terms. Terms 
8 of members are subject to Section 2A-54 of the
Election 
9 Code.


10  (7) The regional superintendent shall convene the 
11 initial board of the new
community college district on July 
12 1, 1996, and the non-voting student
member initially 
13 selected to that board as provided in Section 3-7.24
shall 
14 serve a term beginning on the date of selection and 
15 expiring on the
next succeeding April 15. Upon being 
16 convened on July 1, 1996, the board
shall proceed to

17 organize in accordance with Section 3-8, and shall 
18 thereafter continue to
exercise the powers and duties of a 
19 board in the manner provided by law for
all boards of 
20 community college districts except where obviously

21 inapplicable or otherwise provided by this Act. Vacancies 
22 shall be filled,
and members shall serve without 
23 compensation subject to reimbursement for
reasonable 
24 expenses incurred in connection with their service as 
25 members, as
provided in Section 3-7. The duly elected and 
26 organized board of the new
community college district shall 
 
 
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1 levy taxes at a rate not to exceed .175
percent for 
2 educational purposes and at a rate not to exceed .05 
3 percent
for operations and maintenance of facilities 
4 purposes; provided that the
board may act to increase such 
5 rates at a regular election in accordance
with Section 3-14 
6 and the general election law.

7 (d) (Blank). Upon abolition of the experimental district 
8and establishment of the
new community college district as 
9provided in this Section, all tangible
personal property, 
10including inventory, equipment, supplies, and library books,

11materials, and collections, belonging to the experimental 
12district and State
Community College of East St. Louis at the 
13time of their abolition under this
Section shall be deemed 
14transferred, by operation of law, to the board of
trustees of 
15the new community college district. In addition, all real

16property, and the improvements situated thereon, held by State 
17Community
College of East St. Louis or on its behalf by its 
18board of trustees shall, upon
abolition of the experimental 
19district and college as provided in this Section,
be conveyed 
20by the Illinois Community College Board, in the manner

21prescribed by law, to the board of trustees of the new 
22community college
district established under this Section for 
23so long as that real property is
used for the conduct and 
24operation of a public community college and the
related 
25purposes of a public community college district of this State. 
26Neither
the new community college district nor its board of 
 
 
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1trustees shall have any
responsibility to any vendor or other 
2person making a claim relating to the
property, inventory, or 
3equipment so transferred.
On August 22, 1997, the
endowment 
4funds,
gifts, trust funds, and funds from student activity fees 
5and the operation of
student and staff medical and health 
6programs, union buildings, bookstores,
campus centers, and 
7other auxiliary enterprises and activities that were
received 
8by the board of trustees of State Community College of East St. 
9Louis
and held and retained by that board of trustees at the 
10time of the abolition of
the experimental district and its 
11replacement by the new community college
district as provided 
12in this Section shall be deemed transferred by operation
of law 
13to the board of trustees of that new community college 
14district, to
be retained in its own treasury and used in the 
15conduct and operation of the
affairs and related purposes of 
16the new community college district.
On August 22, 1997, all

17funds held locally
in the State Community College of East St. 
18Louis Contracts and Grants Clearing
Account, the State 
19Community College of East St. Louis Income Fund Clearing

20Account and the Imprest Fund shall be transferred by the Board 
21to the General
Revenue Fund.

22 (e) (Blank). The outstanding obligations incurred for 
23fiscal years prior to fiscal
year 1997 by the board of trustees 
24of State Community College of East St. Louis
before the 
25abolition of that college and the experimental district as 
26provided
in this Section shall be paid by the State Board from 
 
 
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1appropriations made to
the State Board from the General Revenue 
2Fund for purposes of this subsection.
To facilitate the 
3appropriations to be made for that purpose, the State

4Comptroller and State Treasurer, without delay, shall transfer 
5to the General
Revenue Fund from the State Community College of 
6East St. Louis Income Fund and
the State Community College of 
7East St. Louis Contracts and Grants Fund,
special funds 
8previously created in the State Treasury, any balances 
9remaining
in those special funds on August 22, 1997.

10(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96; 
1190-358, eff.
1-1-98; 90-509, eff. 8-22-97; 90-655, eff. 
127-30-98.)




13 (110 ILCS 805/2-15) (from Ch. 122, par. 102-15)



14 Sec. 2-15. Recognition. The State Board shall grant 
15recognition to
community colleges which
maintain equipment, 
16courses of study, standards of scholarship and other

17requirements set by the State Board. Application for 
18recognition shall be
made to the State Board. The State Board 
19shall set the criteria by which
the community colleges shall be 
20judged and through the executive officer of
the State Board 
21shall arrange for an official evaluation of the community

22colleges and shall grant recognition of such community colleges 
23as may meet
the required standards.

24 Recognition shall include a review of compliance with 
25Section 3-65 of this Act Public Act 99-482 and other applicable 
 
 
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1State and federal laws regarding employment contracts and 
2compensation. Annually, the State Board shall convene an 
3advisory committee to review the findings and make 
4recommendations for changes or additions to the laws or the 
5review procedures. 
6 If a community college district fails to meet the 
7recognition standards
set by the State Board, and if the 
8district, in accordance with: (a) generally accepted 
9Government
Auditing Standards issued by the
Comptroller 
10General of the United States, (b) auditing standards 
11established by
the American Institute of Certified Public 
12Accountants, or (c) other applicable
State and federal 
13standards, is found by the district's auditor or the State

14Board working in cooperation with the district's auditor to 
15have material
deficiencies in the
design or operation of 
16financial control structures that
could adversely affect the 
17district's financial integrity and stability, or is
found to 
18have misused State or federal funds and jeopardized
its 
19participation in State or federal programs, the State Board 
20may,
notwithstanding any laws to the contrary, implement one or 
21more of the
following emergency powers:

22  (1) To direct the district to develop and implement a 
23 plan that addresses
the budgetary, programmatic, and other 
24 relevant factors contributing to the
need to implement 
25 emergency measures. The State Board shall assist in the

26 development and shall have final approval of the plan.

 
 
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1  (2) To direct the district to contract for educational 
2 services in
accordance with Section 3-40. The State Board 
3 shall assist in the development
and shall have final 
4 approval of any such contractual agreements.

5  (3) To approve and require revisions of the district's 
6 budget.

7  (4) To appoint a Financial Administrator to exercise 
8 oversight and control
over the district's budget. The 
9 Financial Administrator shall serve at the
pleasure of the 
10 State Board and may be an individual, partnership, 
11 corporation,
including an accounting firm, or other entity 
12 determined by the State Board to
be qualified to serve, and 
13 shall be entitled to compensation. Such
compensation shall 
14 be provided through specific appropriations made to the

15 State Board for that express purpose.

16  (5) To develop and implement a plan providing for the 
17 dissolution or
reorganization of the district if in the 
18 judgment of the State Board the
circumstances so require.

19(Source: P.A. 99-691, eff. 1-1-17.)




20 (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)



21 Sec. 2-16.02. Grants. Any community college district that 
22maintains a
community college recognized by the State Board 
23shall receive, when eligible,
grants enumerated in this 
24Section. Funded semester credit hours or other
measures or both 
25as specified by the State Board shall be used to distribute

 
 
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1grants to community colleges. Funded semester credit hours 
2shall be defined,
for purposes of this Section, as the greater 
3of
(1) the number of semester credit hours, or equivalent, in 
4all funded
instructional categories of students who have been 
5certified as being in
attendance at midterm during the 
6respective terms of the base fiscal year or
(2) the average of 
7semester credit hours, or equivalent, in all funded

8instructional categories of students who have been certified as 
9being in
attendance at midterm during the respective terms of 
10the base fiscal year and
the 2 prior fiscal years. For purposes 
11of this Section, "base fiscal year"
means the fiscal year 2 
12years prior to the fiscal year for which the grants are

13appropriated. Such students shall have been residents of 
14Illinois and shall
have been enrolled in courses that are part 
15of instructional program categories
approved by the State Board 
16and that are applicable toward an associate degree
or 
17certificate.
Courses that are eligible for reimbursement are 
18those courses for which
the district pays 50% or more of the 
19program costs from unrestricted
revenue sources, with the 
20exception of dual credit courses and courses offered by 
21contract with
the Department of Corrections in correctional 
22institutions. For the
purposes of this Section, "unrestricted 
23revenue sources" means those
revenues in which the provider of 
24the revenue imposes no financial
limitations upon the district 
25as it relates to the expenditure of the funds. Except for 
26Fiscal Year 2012, base operating grants shall be paid based on 
 
 
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1rates per funded
semester credit hour or equivalent calculated 
2by the State Board for funded
instructional categories using 
3cost of instruction, enrollment, inflation, and
other relevant 
4factors. For Fiscal Year 2012, the allocations for base 
5operating grants to community college districts shall be the 
6same as they were in Fiscal Year 2011, reduced or increased 
7proportionately according to the appropriation for base 
8operating grants for Fiscal Year 2012.

9 Equalization grants shall be calculated by the State Board 
10by determining a
local revenue factor for each district by: (A) 
11adding (1)
each district's Corporate Personal Property 
12Replacement Fund
allocations from the base
fiscal year or the 
13average of the base fiscal year and prior year, whichever is

14less, divided by the applicable statewide average tax rate to 
15(2) the
district's most recently audited
year's equalized 
16assessed valuation or the average of the most recently audited

17year and prior year, whichever is less, (B) then dividing by 
18the district's
audited full-time equivalent resident students 
19for the base fiscal year or the
average for the base fiscal 
20year and the 2 prior fiscal years, whichever is
greater, and 
21(C) then multiplying by the applicable statewide average tax

22rate. The State Board
shall calculate a statewide weighted 
23average threshold by applying
the same methodology to the 
24totals of all districts' Corporate Personal
Property Tax 
25Replacement Fund allocations, equalized assessed valuations, 
26and
audited full-time equivalent district resident students 
 
 
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1and multiplying by the
applicable statewide average tax rate. 
2The difference between the statewide
weighted average 
3threshold and the local revenue
factor, multiplied by the 
4number of full-time equivalent resident students,
shall 
5determine the amount of equalization funding that each district 
6is
eligible to receive. A percentage factor, as determined by 
7the State Board,
may be applied to the statewide threshold as a 
8method for allocating
equalization funding. A minimum 
9equalization grant of an amount per district
as determined by 
10the State Board shall be established for any community college

11district which qualifies for an equalization grant based upon 
12the preceding
criteria, but becomes ineligible for 
13equalization funding, or would have
received a grant of less 
14than the minimum equalization grant, due to threshold

15prorations applied to reduce equalization funding.
As of July 
161, 2013, a community college district eligible to receive an 
17equalization grant based upon the preceding criteria must 
18maintain a
minimum required combined in-district tuition and 
19universal fee rate per
semester credit hour equal to 70% of the 
20State-average combined rate, as
determined by the State Board, 
21or the total revenue received by the community college district 
22from combined in-district tuition and universal fees must be at 
23least 30% of the total revenue received by the community 
24college district, as determined by the State Board, for 
25equalization funding. As of July 1,
2004, a community college 
26district must maintain a minimum required
operating tax rate 
 
 
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1equal to at least 95% of its maximum authorized tax
rate to 
2qualify for equalization funding. This 95% minimum tax rate

3requirement shall be based upon the maximum operating tax rate 
4as
limited by the Property Tax Extension Limitation Law.

5 The State Board shall distribute such other grants as may 
6be
authorized or appropriated by the General Assembly.

7 Each community college district entitled to State grants 
8under this
Section must submit a report of its enrollment to 
9the State Board not later
than 30 days following the end of 
10each semester, quarter, or term in a
format prescribed by the 
11State Board. These semester credit hours, or
equivalent, shall 
12be certified by each district on forms provided by the
State 
13Board. Each district's certified semester credit hours, or 
14equivalent,
are subject to audit pursuant to Section 3-22.1.

15 The State Board shall certify, prepare, and submit monthly 
16vouchers to the State Comptroller
setting
forth an amount equal 
17to one-twelfth of the grants approved by the State Board for 
18base
operating grants and equalization grants. The State Board 
19shall prepare and
submit to the State Comptroller vouchers for 
20payments of other grants as
appropriated by the General 
21Assembly. If the amount appropriated for grants
is different 
22from the amount provided for such grants under this Act, the

23grants shall be proportionately reduced or increased 
24accordingly.

25 For the purposes of this Section, "resident student" means 
26a student in a
community college district who maintains 
 
 
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1residency in that district or
meets other residency definitions 
2established by the State Board, and who
was enrolled either in 
3one of the approved instructional program categories
in that 
4district, or in another community college district to which the

5resident's district is paying tuition under Section 6-2 or with 
6which the
resident's district has entered into a cooperative 
7agreement in lieu of such
tuition. Students shall be classified 
8as residents of the community college district without meeting 
9the 30-day residency requirement of the district if they are 
10currently residing in the district and are youth (i) who are 
11currently under the legal guardianship of the Illinois 
12Department of Children and Family Services or have recently 
13been emancipated from the Department and (ii) who had 
14previously met the 30-day residency requirement of the district 
15but who had a placement change into a new community college 
16district. The student, a caseworker or other personnel of the 
17Department, or the student's attorney or guardian ad litem 
18appointed under the Juvenile Court Act of 1987 shall provide 
19the district with proof of current in-district residency. 

20 For the purposes of this Section, a "full-time equivalent" 
21student is
equal to 30 semester credit hours.

22 The Illinois Community College Board Contracts and Grants 
23Fund is hereby
created in the State Treasury. Items of income 
24to this fund shall include
any grants, awards, endowments, or 
25like proceeds, and where appropriate,
other funds made 
26available through contracts with governmental, public, and

 
 
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1private agencies or persons. The General Assembly shall from 
2time to time
make appropriations payable from such fund for the 
3support, improvement,
and expenses of the State Board and 
4Illinois community college
districts.

5(Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14; 
699-845, eff. 1-1-17.)


7 (110 ILCS 805/2-24)
8 Sec. 2-24. We Want to Learn English Initiative.
9 (a) Subject to appropriation and Section 7 of the Board of 
10Higher Education Act, the State Board may establish and 
11administer a We Want to Learn English Initiative to provide 
12resources for immigrants and refugees in this State to learn 
13English in order to move towards becoming full members of 
14American society.
15 (b) If funds are Each fiscal year, the State Board may 
16include, as a separate line item, in its budget proposal 
17$15,000,000 or less in funding for the We Want to Learn English 
18Initiative, to be disbursed by the State Board. If the State 
19Board decides to disburse the funds appropriated for this 
20Initiative, then the State Board it must disburse no less than 
21half of the funds appropriated each fiscal year to 
22community-based, not-for-profit organizations, immigrant 
23social service organizations, faith-based organizations, and 
24on-site job training programs so that immigrants and refugees 
25can learn English where they live, work, pray, and socialize 
 
 
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1and where their children go to school.
2 (c) Funds for the We Want to Learn English Initiative may 
3be used only to provide programs that teach English to United 
4States citizens, lawful permanent residents, and other persons 
5residing in this State who are in lawful immigration status.

6(Source: P.A. 95-638, eff. 6-1-08.)




7 (110 ILCS 805/3-7) (from Ch. 122, par. 103-7)



8 Sec. 3-7. (a) The election of the members of the board of 
9trustees
shall be nonpartisan and shall be held at the time and 
10in the manner provided
in the general election law.

11 (b) Unless otherwise provided in this Act, members shall be 
12elected to
serve 6
year terms. The term of members elected in 
131985 and thereafter shall be from
the date the member is 
14officially determined to be elected to the board by
a canvass 
15conducted pursuant to the Election Code, to the date that the

16winner of the seat is officially determined by the canvass 
17conducted
pursuant to the Election Code the next time the seat 
18on the board is to be
filled by election.

19 (c) Each member must on the date of his election be a 
20citizen of the
United
States, of the age of 18 years or over, 
21and a resident of the State and
the territory which on the date 
22of the election is included in the
community college district 
23for at least one year immediately preceding
his election.
In 
24Community College District No. 526,
each member elected at the 
25consolidated election in 2005 or thereafter must
also be a 
 
 
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1resident of the trustee
district he or she represents for at 
2least one year immediately preceding
his or her election, 
3except that in the first consolidated election for each
trustee 
4district following reapportionment, a candidate for the board

5may be elected from any trustee district that contains a part 
6of the
trustee district in which he or she resided at the time 
7of the
reapportionment and may be reelected if a resident of 
8the new trustee district
he
or she represents for one year 
9prior to reelection.
In the event a person who is a member of a 
10common school
board is elected or appointed to a board of 
11trustees of a community college
district, that person shall be 
12permitted to serve the remainder of his or
her term of office 
13as a member of the common school board. Upon the
expiration of 
14the common school board term, that person shall not be
eligible 
15for election or appointment to a common school board during the

16term of office with the community college district board of 
17trustees.

18 (d) Whenever a vacancy occurs, the remaining members shall 
19fill the
vacancy, and the person so appointed shall serve until 
20a successor is
elected to serve the remainder of the unexpired 
21term at the next regular election for board members and is 
22certified in
accordance with Sections 22-17 and 22-18 of the 
23Election Code. If the
remaining members fail so to act within 
2460 days after the vacancy occurs,
the chairman of the State 
25Board shall fill that vacancy, and the person so
appointed 
26shall serve until a successor is elected to serve the remainder 
 
 
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1of the unexpired term at the next regular
election for board 
2members and is certified in accordance with Sections
22-17 and 
322-18 of the Election Code. The person appointed to fill the

4vacancy shall have the same residential qualifications as his 
5predecessor
in office was required to have. In either instance, 
6if the vacancy occurs
with less than 4 months remaining before 
7the next scheduled consolidated
election, and the term of 
8office of the board member vacating the position
is not 
9scheduled to expire at that election, then the term of the 
10person so
appointed shall extend through that election and 
11until the succeeding
consolidated election. If the term of 
12office of the board
member vacating the position is scheduled 
13to expire at the upcoming
consolidated election, the appointed 
14member shall serve
only until a successor is elected and 
15qualified at that election.

16 (e) Members of the board shall serve without compensation 
17but shall be
reimbursed for their reasonable expenses incurred 
18in connection with
their service as members. Compensation, for 
19purposes of this Section, means
any salary or other benefits 
20not expressly authorized by this Act to be
provided or paid to, 
21for or on behalf of members of the board. The board
of each 
22community college district may adopt a policy providing for the

23issuance of bank credit cards, for use by any board member who 
24requests the
same in writing and agrees to use the card only 
25for the reasonable expenses
which he or she incurs in 
26connection with his or her service as a board
member. Expenses 
 
 
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1charged to such credit cards shall be accounted for
separately 
2and shall be submitted to the chief financial officer of the

3district for review prior to being reported to the board at its 
4next
regular meeting.

5 (f) The Except in an election of the initial board for a 
6new community
college
district created pursuant to Section 
76-6.1, the ballot for the election of
members of the board for 
8a community college district shall indicate the
length of term 
9for each office to be filled. In the election of a board
for 
10any community college district, the ballot shall not contain 
11any
political party designation.

12(Source: P.A. 100-273, eff. 8-22-17.)


13 (110 ILCS 805/3-7a) (was 110 ILCS 805/3-7, subsec. (c))
14 Sec. 3-7a. Trustee districts; Community College District 
15No. 522. A board of trustees of a community college district 
16which is
contiguous
or has been contiguous to an experimental 
17community college district as
authorized and defined by Article 
18IV of this Act may, on its own motion, or
shall, upon the 
19petition of the lesser of 1/10 or 2,000 of the voters

20registered in the district, order submitted to the voters of 
21the district at
the next general election the proposition for 
22the election of board members by
trustee district rather than 
23at large, and such proposition shall thereupon be
certified by 
24the secretary of the board to the proper election authority in

25accordance with the general election law for submission.

 
 
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1 If the proposition is approved by a majority of those 
2voting on the
proposition, the State Board of Elections, in 
31991, shall reapportion the
trustee districts to reflect the 
4results of the last decennial census, and
shall divide the 
5community college district into 7 trustee districts, each of

6which shall be compact, contiguous and substantially equal in 
7population to
each other district. In 2001, and in the year 
8following
each decennial census
thereafter, the board of 
9trustees of community college District #522 shall
reapportion 
10the trustee districts to reflect the results of the census, and

11shall divide the community college district into 7 trustee 
12districts, each of
which shall be compact, contiguous, and 
13substantially equal in population to
each other district. The 
14division of the community college district into
trustee 
15districts shall be completed and formally approved by a 
16majority of the members of the board of trustees of community

17college
District #522 in 2001 and in the year following each

18decennial
census. At the same meeting of the board of
trustees, 
19the board shall, publicly by lot, divide the trustee
districts 
20as equally as possible into 2 groups. Beginning in 2003 and 
21every
10 years thereafter, trustees or their
successors from 
22one group shall be elected for successive terms of 4 years
and 
236 years; and members or their successors from the second group 
24shall be
elected for successive terms of 6 years and 4 years. 
25One member shall be
elected from each such trustee district.

26Each member elected in 2001 shall be elected at the 2001 
 
 
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1consolidated
election from the trustee districts established 
2in 1991. The term of each
member elected in 2001 shall
end on

3the date that the trustees elected
in 2003 are officially 
4determined by a canvass conducted
pursuant to the Election 
5Code.
6(Source: P.A. 97-539, eff. 8-23-11.)




7 (110 ILCS 805/3-14.2) (from Ch. 122, par. 103-14.2)



8 Sec. 3-14.2. 
In addition to any other tax levies authorized 
9by law,
the board of a community college district (1) whose 
10boundaries are entirely
within a county with a population in 
11excess of 2 million persons and (2)
which was organized as a 
12public junior college prior to October 1, 1973,
and (3) whose 
13existence was validated by an Act filed with the Secretary of

14State on May 31, 1937, may levy an additional tax upon the 
15taxable property
of the district in any year in which the State 
16Board issues a certificate
of eligibility to do so. The 
17additional tax may be used to increase the
total taxing 
18authority of the district to the rate of 23.54 cents per $100 
19of
equalized assessed value for educational and operations, 
20building and
maintenance purposes.

21 In order to be eligible to levy the additional tax as 
22provided herein,
the district shall have been eligible to 
23receive equalization grants
pursuant to Section 2-16.02 102-16 
24for each of the five fiscal years in
the period 1984 to 1988.

25 The additional amount certified by the State Board to be 
 
 
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1levied shall not
exceed the combined increases in the 
2educational and operations, building
and maintenance purposes 
3funds authorized in Section 3-14. The State Board
shall notify 
4the board of trustees of the community college district of its

5eligibility to levy additional taxes as authorized in this 
6Section and the
amount of such levy, by November 1, 1988.

7 A resolution, adopted pursuant to the provisions of the 
8Open Meetings
Act, which expresses the district's intent to 
9levy such a tax, or a portion
thereof, when accompanied by the 
10State Board certificate of eligibility,
shall be the authority 
11for the county clerk or clerks to extend such a tax.
The 
12district board shall cause a copy of the resolution to be 
13published
in one or more newspapers published in the district 
14within 10 days after
such levy is made. If no newspaper is 
15published in the district, the
resolution shall be published in 
16a newspaper having general circulation within
the district. The 
17publication of the resolution shall include a notice of
(1) the 
18specific number of voters required to sign a petition 
19requesting
that the question of the adoption of the tax levy be 
20submitted to the
voters of the district; (2) the time within 
21which the petition must be filed;
and (3) the date of the 
22prospective referendum. The district secretary
shall provide a 
23petition form to any individual requesting one.

24 If within 30 days of the adoption of such additional levy, 
25a petition is
filed with the secretary of the board of 
26trustees, signed by not less than
10% of the voters of the 
 
 
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1district, requesting that the proposition to levy
such 
2additional taxes as authorized by this Section be submitted to 
3the
voters of the district, then the district shall not be 
4authorized to levy
such additional taxes as permitted by this 
5Section until the proposition
has been submitted to and 
6approved by a majority of the voters voting on
the proposition 
7at a regularly scheduled election in the manner provided in
the 
8general election law. The secretary shall certify the 
9proposition to
the proper election authority for submission to 
10the voters. If no such
petition with the requisite number of 
11signatures and which is otherwise
valid is filed within such 30 
12day period, then the district shall thereafter be
authorized to 
13levy such additional taxes as provided and for the purposes

14expressed in this Section.

15(Source: P.A. 85-1150; 86-1253.)





16 (110 ILCS 805/3-14.3) (from Ch. 122, par. 103-14.3)



17 Sec. 3-14.3. 
In addition to any other tax levies authorized 
18by law,
the board of a community college district may levy an 
19additional tax upon
the taxable property of the district in any 
20year in which the State Board
issues a certificate of 
21eligibility to do so. The additional tax may be
used to 
22increase the total taxing authority of the district to the most

23recently reported statewide average actual levy rate in cents 
24per $100 of
equalized assessed value for educational and 
25operations and maintenance
purposes as certified by the State 
 
 
10000HB1940ham001- 36 -LRB100 04620 AXK 38525 a


1Board.

2 In order to be eligible to levy the additional tax as 
3provided herein,
the district shall have been eligible to 
4receive equalization grants
pursuant to Section 2-16 or 
52-16.02, as the case may be, in the year of
eligibility 
6certification or in
the previous fiscal year.

7 The additional amount certified by the State Board to be 
8levied shall not
exceed the combined increases in the 
9educational and operations and
maintenance purposes funds 
10authorized in Section 3-14. The State Board shall notify
the 
11board of trustees of the community college district of its 
12eligibility
to levy additional taxes as authorized in this 
13Section and the amount of
such levy, by November 1 of each 
14year.

15 A resolution, adopted annually pursuant to the provisions 
16of the Open
Meetings Act, which expresses the district's intent 
17to levy such a tax, or
a portion thereof, when accompanied by 
18the State Board certificate of
eligibility, shall be the 
19authority for the county clerk or clerks to
extend such a tax. 
20Within 10 days after adoption of such resolution,
the district 
21shall cause to be published the resolution in at least one or

22more newspapers published in the district. The publication of 
23the
resolution shall include a notice of (1) the specific 
24number of voters
required to sign a petition requesting that 
25the proposition of the adoption
of the resolution be submitted 
26to the voters of the district; (2) the time
in which the 
 
 
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1petition must be filed; and (3) the date of the prospective

2referendum. The secretary shall provide a petition form to any 
3individual
requesting one.

4 If within 30 days of the annual adoption of such additional 
5levy, a
petition is filed with the secretary of the board of 
6trustees, signed by
not less than 10% of the registered voters 
7of the district, requesting that
the proposition to levy such 
8additional taxes as authorized by this Section
be submitted to 
9the voters of the district, then the district shall not be

10authorized to levy such additional taxes as permitted by this 
11Section until
the proposition has been submitted to and 
12approved by a majority of the
voters voting on the proposition 
13at a regularly scheduled election in the
manner provided in the 
14general election law. The secretary shall certify
the 
15proposition to the proper election authority for submission to 
16the
voters. If no such petition with the requisite number of 
17signatures and
which is otherwise valid is filed within such 30 
18day period, then the
district shall be authorized to levy such 
19additional taxes as provided for
the purposes expressed in this 
20Section.

21(Source: P.A. 86-360; 87-1018.)





22 (110 ILCS 805/3-20.1) (from Ch. 122, par. 103-20.1)



23 Sec. 3-20.1. 
The board of each community college district 
24shall within or before the
first quarter of each fiscal year, 
25adopt an annual budget which it deems
necessary to defray all 
 
 
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1necessary expenses and liabilities of the district,
and in such 
2annual budget shall specify the objects and purposes of each

3item and amount needed for each object or purpose. The board of 
4each community college district shall file a written or 
5electronic copy of the annual budget with the State Board. 

6 The budget shall contain a statement of the cash on hand at 
7the
beginning of the fiscal year, an estimate of the cash 
8expected to be
received during such fiscal year from all 
9sources, an estimate of the
expenditures contemplated for such 
10fiscal year, and a statement of the
estimated cash expected to 
11be on hand at the end of such year. The estimate
of taxes to be 
12received may be based upon the amount of actual cash
receipts 
13that may reasonably be expected by the district during such 
14fiscal
year, estimated from the experience of the district in 
15prior years and with
due regard for other circumstances that 
16may substantially affect such
receipts. Nothing in this Section 
17shall be construed as requiring any
district to change or 
18preventing any district from changing from a cash
basis of 
19financing to a surplus or deficit basis of financing; or as

20requiring any district to change or preventing any district 
21from changing
its system of accounting.

22 The board of each community college district shall fix a 
23fiscal year. If
the beginning of the fiscal year of a district 
24is subsequent to the time
that the tax levy for such fiscal 
25year shall be made, then such annual
budget shall be adopted 
26prior to the time such tax levy shall be made.

 
 
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1 Such budget shall be prepared in tentative form by some 
2person or
persons designated by the board, and in such 
3tentative form shall be made
conveniently available to public 
4inspection for at least 30 days prior to
final action thereon. 
5At least one public hearing shall be held as to such
budget 
6prior to final action thereon. Notice of availability for 
7public
inspection and of such public hearing shall be given by 
8publication in a
newspaper published in such district, at least 
930 days prior to the time of
such hearing. If there is no 
10newspaper published in such district, notice
of such public 
11hearing shall be given by publication in a newspaper having 
12general circulation within the district posting notices 
13thereof in 5 of
the most public places in such district. It 
14shall be the duty of the
secretary of the board to make the 
15tentative budget available to public
inspection, and to arrange 
16for such public hearing. The board may from time
to time make 
17transfers between the various items in any fund not exceeding

18in the aggregate 10% of the total of such fund as set forth in 
19the budget. The board may amend the annual budget from time to 
20time at a regular meeting of the board if public notice of any 
21amendment is provided pursuant to the Open Meetings Act.
The 
22board may from time to time amend such budget by the same 
23procedure as
is herein provided for its original adoption.

24(Source: P.A. 78-669.)





25 (110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1)



 
 
10000HB1940ham001- 40 -LRB100 04620 AXK 38525 a


1 Sec. 3-22.1. 
To cause an audit to be made as of the end of 
2each fiscal year
by an accountant licensed to practice public 
3accounting in Illinois and
appointed by the board. The auditor 
4shall perform his or her examination in
accordance with 
5generally accepted auditing standards and regulations

6prescribed by the State Board, and submit his or her report 
7thereon in
accordance
with generally accepted accounting 
8principles. The examination and report
shall include a 
9verification of student enrollments and any other bases
upon 
10which claims are filed with the State Board. The audit report 
11shall
include a statement of the scope and findings of the 
12audit and a
professional opinion signed by the auditor. If a 
13professional opinion is
denied by the auditor he or she shall 
14set forth the reasons for that
denial. The
board shall not 
15limit the scope of the examination to the extent that the

16effect of such limitation will result in the qualification of 
17the auditor's
professional opinion. The procedures for payment 
18for the expenses of the
audit shall be in accordance with 
19Section 9 of the Governmental Account
Audit Act.
Copies of the 
20audit report shall be
filed with the State Board in
accordance 
21with regulations prescribed by the State Board. The State Board

22shall file one copy of the audit report with the Auditor

23General.

24(Source: P.A. 99-655, eff. 7-28-16.)





25 (110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)



 
 
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1 Sec. 3-25.1. 
To authorize application to the State Illinois 
2Community College
Board for the
approval of new units of 
3instruction, research or public service as defined
in this 
4Section and to establish such new units following approval
in

5accordance with the provisions of this Act and the Board of 
6Higher Education
Act.

7 The term "new unit of instruction, research or public 
8service" includes
the establishment of a college, school, 
9division, institute, department
or other unit including majors 
10and curricula in any field of instruction,
research, or public 
11service not theretofore included in the program of the

12community college, and includes the establishment of any new 
13branch or campus
of the institution. The term shall not include 
14reasonable and moderate
extensions
of existing curricula, 
15research, or public service programs which have a
direct 
16relationship to existing programs; and the State Board may, 
17under
its rule making power define the character of reasonable 
18and moderate
extensions.

19(Source: P.A. 88-322.)





20 (110 ILCS 805/3-26.1) (from Ch. 122, par. 103-26.1)



21 Sec. 3-26.1. 
Any employee of a community college board who 
22is a member
of any reserve component of the United States Armed 
23Services,
including the Illinois National Guard, and who is 
24mobilized to active
military duty on or after August 1, 1990 as 
25a result of an order of the
President of the United States, 
 
 
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1shall for each pay period beginning on or
after August 1, 1990 
2continue to receive the same regular compensation
that he 
3receives or was receiving as an employee of the community 
4college
board at the time he is or was so mobilized to active 
5military duty, plus
any health insurance and other benefits he 
6is or was receiving or accruing
at that time, minus the amount 
7of his base pay for military service, for
the duration of his 
8active military service. If the employee's active military duty 
9commences on or after the effective date of this amendatory Act 
10of the 100th General Assembly, the military duty shall not 
11result in the loss or diminishment of any employment benefit, 
12service credit, or status accrued at the time the duty 
13commenced. 

14 In the event any provision of a collective bargaining 
15agreement or any
community college board or district policy 
16covering any employee so ordered
to active duty is more 
17generous than the provisions contained in this
Section the 
18collective bargaining agreement or community college board or

19district policy shall be controlling.

20(Source: P.A. 87-631.)





21 (110 ILCS 805/3-29) (from Ch. 122, par. 103-29)



22 Sec. 3-29. 
To indemnify and protect board members and , 
23employees, and student teachers
of boards against civil rights 
24damage claims and suits, constitutional
rights damage claims 
25and suits, death, bodily injury and property damage claims and

 
 
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1suits, including defense thereof, when damages are sought for 
2alleged
negligent or wrongful acts while such board member or , 
3employee or student
teacher is engaged in the exercise or 
4performance of any powers or duties
of the board, or is acting 
5within the scope of employment or under the
direction of the 
6community college board.

7 To insure against any loss or liability of the district or 
8board
members and , employees, and student teachers of boards 
9against civil rights
damage claims and suits, constitutional 
10rights damage claims and suits and
death, bodily injury and 
11property damage claims and suits, including defense thereof,

12when damages are sought for alleged negligent or wrongful acts 
13while such
board member or , employee, or student teacher is 
14engaged in the exercise
or performance of any powers or duties 
15of the board, or is acting within the scope of
employment or 
16under the direction of the board. Such insurance shall be

17carried in a company licensed to write such coverage in this 
18State.

19(Source: P.A. 83-1391.)





20 (110 ILCS 805/3-40) (from Ch. 122, par. 103-40)



21 Sec. 3-40. 
To enter into contracts or agreements with any 
22person, organization,
association, educational institution, or 
23governmental agency for
providing or securing educational

24services for academic credit. The authority of any community 
25college district to exercise the powers granted under this 
 
 
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1Section is subject to the prior review and approval of the 
2State Board under subsection (i) of Section 2—12 of this Act.

3Any initial contract with a public university or a private

4degree-granting college or university entered into on or after 
5July 1, 1985 but before July 1, 2016
shall have prior approval 
6of the State Board and the Illinois Board of
Higher Education. 
7Any initial contract with a public university or a private

8degree-granting college or university entered into on or after 
9July 1, 2016
shall have prior approval of the State Board. 

10(Source: P.A. 99-655, eff. 7-28-16.)





11 (110 ILCS 805/3-42.1) (from Ch. 122, par. 103-42.1)



12 Sec. 3-42.1. (a) To appoint law enforcement officer and 
13non-law enforcement officer members of the community college 
14district police department or department of public safety.
15 (b) Members of the community college district police 
16department or department of public safety who are law 
17enforcement officers, as defined in the Illinois Police 
18Training Act, shall be peace officers under the laws of this 
19State. As such, law enforcement officer members of these 
20departments shall have all of the powers of police officers in 
21cities and sheriffs in counties, including the power to make 
22arrests on view or on warrants for violations of State statutes 
23and to enforce county or city ordinances in all counties that 
24lie within the community college district, when such is 
25required for the protection of community college personnel, 
 
 
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1students, property, or interests. Such officers shall have no 
2power to serve and execute civil process.
3 As peace officers in this State, all laws pertaining to 
4hiring, training, retention, service authority, and discipline 
5of police officers, under State law, shall apply. Law 
6enforcement officer members must complete the minimum basic 
7training requirements of a police training school under the 
8Illinois Police Training Act. Law enforcement officer members 
9who
have successfully completed an Illinois Law Enforcement 
10Training and Standards Board certified firearms course shall be 
11equipped with appropriate firearms and auxiliary weapons.
12 (c) Non-law enforcement officer members of the community 
13college police, public safety, or security departments whose 
14job requirements include performing patrol and security type 
15functions shall, within 6 months after their initial hiring 
16date or the effective date of this amendatory Act of the 96th 
17General Assembly, whichever is later, be required to 
18successfully complete the 20-hour basic security training 
19course
required by (i) the Department of Financial and 
20Professional Regulation, Division of Professional Regulation 
21for Security Officers, (ii) by the International Association of 
22College Law Enforcement Administrators, or (iii) campus 
23protection officer training program or a similar course

24certified and approved by the Illinois Law Enforcement Training 
25and Standards Board. They shall also be permitted to become 
26members of an Illinois State Training Board Mobile Training 
 
 
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1Unit and shall complete 8 hours in continuing training, related 
2to their specific position of employment, each year. The board 
3may establish reasonable eligibility requirements for 
4appointment and retention of non-law enforcement officer 
5members.
6 All non-law enforcement officer members authorized to 
7carry weapons, other than firearms, shall receive training on 
8the proper deployment and use of force regarding such weapons. 

9(Source: P.A. 96-269, eff. 8-11-09.)





10 (110 ILCS 805/3-48) (from Ch. 122, par. 103-48)



11 Sec. 3-48. Interest of board member in contracts. 
12 (a) Except as otherwise provided in this Section, no No 
13community college board member shall be interested, directly
or 
14indirectly, in his own name or in the name of any other person, 
15association,
trust or corporation, in any contract, work, or 
16business of the district
or in the sale of any article, 
17whenever the expense, price, or consideration
of the contract, 
18work, business, or sale is paid either from the treasury
or by 
19any assessment levied by any statute or ordinance. A community 
20college board member shall not be deemed interested if the 
21board member is an employee of a business that is involved in 
22the transaction of business with the district and has no 
23financial interests other than as an employee. Except as 
24otherwise provided in this Section, no No community college

25board member shall be interested, directly or indirectly, in 
 
 
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1the purchase
of any property which (1) belongs to the district, 
2or (2) is sold for taxes
or assessments, or (3) is sold by 
3virtue of legal process at the suit of the district.

4 (b) A However, any board member may provide materials, 
5merchandise, property,
services, or labor, if:

6  A. the contract is with a person, firm, partnership, 
7 association, corporation,
or cooperative association in 
8 which the board member has less than a 7 1/2%
share in the 
9 ownership; and

10  B. such interested board member publicly discloses the 
11 nature and extent
of his interest prior to or during 
12 deliberations concerning the proposed
award of the 
13 contract; and

14  C. such interested board member abstains from voting on 
15 the award of the
contract, though he shall be considered 
16 present for the purposes of establishing
a quorum; and

17  D. such contract is approved by a majority vote of 
18 those board members
presently holding office; and

19  E. the contract is awarded after sealed bids to the 
20 lowest responsible
bidder if the amount of the contract 
21 exceeds $1500, or awarded without bidding
if the amount of 
22 the contract is less than $1500; and

23  F. the award of the contract would not cause the 
24 aggregate amount of all
such contracts so awarded to the 
25 same person, firm, association, partnership,
corporation, 
26 or cooperative association in the same fiscal year to 
 
 
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1 exceed $25,000.

2 (c) In addition to the exemptions under subsection (b) of 
3this Section, a above exemption, any board member may provide 
4materials,
merchandise, property, services or labor if:

5  A. the award of the contract is approved by a majority 
6 vote of the board
provided that any such interested member 
7 shall abstain from voting; and

8  B. the amount of the contract does not exceed $250; and

9  C. the award of the contract would not cause the 
10 aggregate amount of all
such contracts so awarded to the 
11 same person, firm, association, partnership,
corporation, 
12 or cooperative association in the same fiscal year to 
13 exceed $500; and

14  D. such interested member publicly discloses the 
15 nature and extent of
his interest prior to or during 
16 deliberations concerning the proposed award
of the 
17 contract; and

18  E. such interested member abstains from voting on the 
19 award of the contract,
though he shall be considered 
20 present for the purposes of establishing a quorum.

21 (d) A contract for the procurement of public utility 
22services by a district
with a public utility company is not 
23barred by this Section by one or more
members of the board 
24being an officer or employee
of the public utility company or 
25holding an ownership interest of no more
than 7 1/2% in the 
26public utility company. A An elected or appointed member
of the 
 
 
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1board having such an interest shall be deemed not to have a 
2prohibited
interest under this Section.

3 (e) This Section does not prohibit a student member of the 
4board from
maintaining official status as an enrolled student, 
5from maintaining
normal student employment at the college or 
6from receiving scholarships or
grants when the eligibility for 
7the scholarships or grants is not
determined by the board.

8 (f) Nothing contained in this Section
shall preclude a 
9contract of
deposit of monies, loans or other financial 
10services by a
district with a local bank or local savings and 
11loan association,
regardless of whether a member or members of 
12the community college board
are interested in such bank or 
13savings and loan
association as a director, as an officer or 
14employee or as a holder of less than 7 1/2%
of the total 
15ownership interest. A member or members holding such an

16interest in such a contract shall not be deemed to be holding a

17prohibited interest for purposes of this Act. Such interested 
18member or
members of the community college board must publicly 
19state the nature and extent
of their interest during 
20deliberations concerning the proposed award of
such a contract, 
21but shall not participate in any further deliberations

22concerning the proposed award. Such interested member or 
23members shall
not vote on such a proposed award. Any member or 
24members abstaining
from participation in deliberations and 
25voting under this Section may be
considered present for 
26purposes of establishing a quorum. Award of such
a contract 
 
 
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1shall require approval by a majority vote of those members

2presently holding office. Consideration and award of any such 
3contract
in which a member or members are interested may only 
4be made at a
regularly scheduled public meeting of the 
5community college board.

6 (g) Any board member who violates this Section is guilty of 
7a Class 4 felony
and in addition thereto any office held by 
8such person so convicted shall
become vacant and shall be so 
9declared as part of the judgment of the court.

10(Source: P.A. 86-930.)


11 (110 ILCS 805/3-53)
12 Sec. 3-53. Private-public partnership boards.
13 (a) In this Section:
14 "Advanced manufacturing technology" means a program of 
15study that leads students to an industry certification, 
16diploma, degree, or combination of these in skills and 
17competencies needed by manufacturers.
18 "Industry certification" means an industry-recognized 
19credential that is (i) industry created, (ii) nationally 
20portable, (iii) third-party-validated by either the 
21International Organization for Standardization or the American 
22National Standards Institute and is data-based and supported.
23 "Institution" means a public high school or community 
24college, including a community college in a community college 
25district to which Article 7 of this Act applies,
that offers 
 
 
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1instruction in advanced manufacturing technology for credit 
2towards a degree.
3 "Private-public partnership board" means a formal group of 
4volunteers within a community college district that may be 
5comprised of some, but not necessarily all, of the following: 
6local and regional manufacturers, applicable labor unions, 
7community college officials, school district superintendents, 
8high school principals, workforce investment boards, or other 
9individuals willing to participate.
10 (b) The creation of a private-public partnership board is 
11encouraged and may be authorized at each community college. A 
12board, if created, shall meet no less than 5 of the following 
13criteria:
14  (1) be minimally comprised of those entities described 
15 in subsection (a) of this Section;
16  (2) be led cooperatively by a manufacturer, a school 
17 district superintendent, and a community college president 
18 or their designees;
19  (3) meet no less than 4 times each year during State 
20 fiscal years 2015 and 2016 and thereafter no less than 
21 twice each State fiscal year;
22  (4) encourage and define the implementation of 
23 programs of study in advanced manufacturing technology to 
24 meet the competency and skill demands of manufacturers;
25  (5) define a minimum of 4 programs of study in advanced 
26 manufacturing technology to meet the needs of the broadest 
 
 
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1 number of manufacturers in the area;
2  (6) encourage formal alignment and dual-credit 
3 opportunities for high school students who begin advanced 
4 manufacturing technology training to transition to 
5 community college programs of study in advanced 
6 manufacturing technology; and 
7  (7) establish, as its foundation, the certified 
8 production technician credential offered by the 
9 Manufacturing Skill Standards Council or its successor 
10 entity.

11(Source: P.A. 98-1069, eff. 8-26-14.)




12 (110 ILCS 805/5-3) (from Ch. 122, par. 105-3)



13 Sec. 5-3. 
Community college districts desiring to 
14participate in the program
authorized in Section 5-1 of this 
15Act shall make a written application to
the State Board on 
16forms provided by such Board. The State Board may
require the 
17following information:

18  (a) Description of present facilities and those 
19 planned for
construction.

20  (b) Present community college enrollment.

21  (c) (Blank). The projected enrollment over the next 5 
22 years. However, no
application shall be accepted unless 
23 such district contains 3 counties, or
that portion of 3 
24 counties not included in an existing community college

25 district, or the projected enrollment shows more than 1,000 
 
 
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1 fulltime
equivalent students within 5 years in districts 
2 outside the Chicago
standard metropolitan area and more 
3 than 2,000 fulltime equivalent students
in the Chicago 
4 standard metropolitan area, such area as defined by U.S.

5 Bureau of Census.

6  (d) Outline of community college curricula, including 
7 vocational and
technical education, present and proposed.

8  (e) District financial report including financing 
9 plans for district's
share of costs.

10  (f) Facts showing adequate standards for the physical 
11 plant, heating,
lighting, ventilation, sanitation, safety, 
12 equipment and supplies,
instruction and teaching, 
13 curricula, library, operation, maintenance,
administration 
14 and supervision.

15  (g) Survey of the existing community college or 
16 proposed community
college service area and the proper 
17 location of the site in relation to the
existing 
18 institutions of higher education offering 
19 pre-professional,
occupational and technical training 
20 curricula. The factual survey must show
the possible 
21 enrollment, assessed valuation, industrial, business,

22 agricultural and other conditions reflecting educational 
23 needs in the area
to be served; however, no community 
24 college will be authorized in any
location which, on the 
25 basis of the evidence supplied by the factual
survey, shall 
26 be deemed inadequate for the maintenance of desirable

 
 
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1 standards for the offering of basic subjects of general 
2 education,
semiprofessional and technical curricula.

3  (h) Such other information as the State Board may 
4 require.

5(Source: P.A. 78-669.)





6 (110 ILCS 805/5-4) (from Ch. 122, par. 105-4)



7 Sec. 5-4. 
Any community college district desiring to 
8participate in the program
for new academic facilities or any 
9facilities built or bought under
contract entered into after 
10July 7, 1964, shall file an application with
the State Board 
11prior to such dates as are designated by the State Board.
The 
12State Board in providing priorities if such are needed because 
13of
limited funds shall be regulated by objective criteria which 
14shall be such
as will tend best to achieve the objectives of 
15this Article, while leaving
opportunity and flexibility for the 
16development of standards and methods
that will best accommodate 
17the varied needs of the community colleges in
the State. Basic 
18criteria shall give special consideration to the expansion
of 
19enrollment capacity and shall include consideration of the 
20degree to
which the applicant districts effectively utilize 
21existing facilities and
which allow the Board, for priority 
22purposes, to provide for the grouping
in a reasonable manner, 
23the application for facilities according to
functional or 
24educational type.

25(Source: P.A. 78-669.)





 
 
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1 (110 ILCS 805/5-6) (from Ch. 122, par. 105-6)



2 Sec. 5-6. 
Any community college district may, as a part of 
3its 25%
contribution for building purposes, contribute real 
4property situated within
the geographical boundaries of such 
5community college district at market value
as determined at the 
6time the contribution is made to the Capital Development
Board 
7in accordance with the program and budget, the plan as approved 
8by
the State Board by 3 licensed appraisers appointed by the 
9State Board,
except that where a community college district has 
10acquired
such lands without cost or for a consideration 
11substantially less
than the market value thereof at the time of 
12acquisition, the amount
of the community college district's 
13contribution for the land shall
be limited (a) to the 
14difference, if any, between the appraised market
value at the 
15time of acquisition and the appraised market value
at the time 
16the contribution is made to the Capital Development
Board, if 
17the grantor is the Federal government, (except that no property

18acquired prior to December 18, 1975 shall
be affected by the 
19provisions of this section), or any department,
agency, board 
20or commission thereof or (b) to the actual amount, if
any, of 
21the consideration paid for the land if the grantor is the
State 
22of Illinois or any department, agency, board or commission 
23thereof.

24 In the event the highest appraisal exceeds the average of 
25the
other two appraisals by more than 10%, such appraisal shall 
 
 
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1not be
considered in determining the market value of the land 
2and a new
appraiser shall be appointed by the State Board, who 
3shall re-appraise
the land. The re-appraisal shall then become 
4the third appraisal as
required by this section. The cost of 
5the appraisement shall be
paid by the community college 
6district. 

7(Source: P.A. 84-1308.)





8 (110 ILCS 805/5-7) (from Ch. 122, par. 105-7)



9 Sec. 5-7. Transfer of funds or designation of real 
10property. As part of Prior to
entering into an agreement with 
11the
Capital Development Board, the community college board 
12shall transfer to
the Capital Development Board funds or 
13designate for building
purposes any real property
it may own, 
14either improved or unimproved, situated within the 
15geographical
boundaries of such community college district, or 
16both, in an amount equal
to at least 25% of the total amount 
17necessary to finance the project,
except that no real property 
18may be so designated, unless prior
to its acquisition by the 
19community college district after December 18,
1975 the Capital 
20Development Board has had an
opportunity to evaluate the land 
21and issue a report concerning its
suitability for construction 
22purposes. Of the total funds transferred from the community 
23college board to the Capital Development Board, an amount equal 
24to 40% of each of the fees under an architect or engineer 
25contract, including any reimbursable items under the contract 
 
 
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1to cover contractual obligations through the design 
2development phase of the project, shall be transferred prior to 
3the signing of the contract. Prior to approval to proceed 
4beyond the design development stage or to advertising the first 
5bid package of a phased-bid project, whichever comes first, the 
6community college board shall transfer funds to the Capital 
7Development Board in an amount equal to the balance of the 
8local share of the total project cost. For the purposes of this 
9Section,
the proceeds derived from the sale of bonds as 
10provided in this Act, any
lands designated as all or part of 
11the 25% contribution by the community
college district or any 
12other money available to the community college for
building 
13purposes may be used.

14(Source: P.A. 89-281, eff. 8-10-95.)





15 (110 ILCS 805/5A-15)



16 Sec. 5A-15. Guaranteed energy savings contract. 
17"Guaranteed energy
savings contract" means a contract for: (i) 
18the implementation of an
energy audit, data collection, and 
19other related analyses preliminary to
the undertaking of energy 
20conservation measures; (ii) the evaluation and
recommendation 
21of
energy conservation measures; (iii) the implementation of 
22one or more
energy conservation measures; and (iv) the 
23implementation of project
monitoring and data collection to 
24verify post-installation energy
consumption and energy-related 
25operating costs. The contract shall provide
that all payments, 
 
 
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1except
obligations on termination of the contract before its 
2expiration, are to be
made over time and that the savings are 
3guaranteed to the extent necessary
to pay the costs of
the 
4energy conservation measures. Energy savings may include 
5energy reduction and offsetting sources of renewable energy 
6funds, including renewable energy credits and carbon credits. 

7(Source: P.A. 88-173.)





8 (110 ILCS 805/5A-25)


9 Sec. 5A-25. Request for proposals. "Request for proposals" 
10means a
competitive selection achieved by negotiated 
11procurement. The request for proposals shall be submitted to 
12the administrators of the Capital Development Board announced

13in the Illinois Procurement Bulletin for publication and 
14through at least one public notice, at least 14 days before the 
15request
date in a newspaper published in the district, or if no 
16newspaper is
published in the district, in a newspaper of 
17general circulation in the
area of the district, by a community 
18college district that will administer the
program, requesting 
19innovative solutions and proposals for energy
conservation 
20measures. Proposals submitted shall be sealed. The request
for 
21proposals shall include all of the following:


22  (1) The name and address of the community college 
23 district.


24  (2) The name, address, title, and phone number of a 
25 contact person.


 
 
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1  (3) Notice indicating that the community college 
2 district is requesting
qualified
providers to propose 
3 energy conservation measures through a guaranteed
energy 
4 savings contract.


5  (4) The date, time, and place where proposals must be 
6 received.


7  (5) The evaluation criteria for assessing the 
8 proposals.


9  (6) Any other stipulations and clarifications the 
10 community college
district may require.

11(Source: P.A. 94-1062, eff. 7-31-06.)





12 (110 ILCS 805/5A-35)



13 Sec. 5A-35. Award of guaranteed energy savings contract. 
14Sealed
proposals must be opened by a member or employee of the 
15community college board
at a
public opening at which the 
16contents of the proposals must be announced.
Each person or 
17entity submitting a sealed proposal must receive at least 10

18days notice of the time and place of the opening.
The community 
19college
district shall select the qualified provider that best 
20meets the needs of
the district. The community college district 
21shall provide public notice of
the
meeting at which it proposes 
22to award a guaranteed energy savings contract
of the names of 
23the parties to the proposed contract and of the purpose of
the 
24contract. The public notice shall be made at least 10 days 
25prior to
the meeting. After evaluating the proposals under 
 
 
10000HB1940ham001- 60 -LRB100 04620 AXK 38525 a


1Section 5A-30, a community
college
district may enter into a 
2guaranteed energy savings contract with a
qualified provider if 
3it finds that the amount it would spend on the
energy

4conservation measures recommended in the proposal would not 
5exceed the
amount to be saved in either energy or operational 
6costs, or both, within a
20-year period from the date of 
7installation, if the recommendations in
the proposal are 
8followed. Contracts let or awarded shall be submitted to the 
9administrators of the Capital Development Board Procurement 
10Bulletin for publication published in the next available 
11subsequent Illinois Procurement Bulletin.

12(Source: P.A. 94-1062, eff. 7-31-06.)





13 (110 ILCS 805/5A-45)


14 Sec. 5A-45. Installment payment contract; lease purchase 
15agreement.  A community college district or
2 or more such 
16districts in combination may enter into an
installment payment 
17contract or lease purchase agreement with a qualified
provider 
18or with a third-party lender, as authorized by law, for the the 
19funding or financing of the purchase and installation of energy 
20conservation measures by a qualified provider.
Every community 
21college district may issue certificates evidencing the

22indebtedness
incurred pursuant to the contracts or agreements. 
23Any such contract or
agreement shall be valid
whether or not an 
24appropriation with respect
thereto is first included in any 
25annual or additional or supplemental budget
adopted by
the 
 
 
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1community college district. Each contract or agreement entered

2into by a community college district pursuant to this Section 
3shall be
authorized by official action
resolution of the 
4community college board. The authority granted under this 
5Section is in addition to any other authority granted by law. 

6(Source: P.A. 95-612, eff. 9-11-07.)





7 (110 ILCS 805/6-2) (from Ch. 122, par. 106-2)



8 Sec. 6-2. 
Any graduate of a recognized high school or 
9student otherwise
qualified to attend a public community 
10college and residing outside a
community college district but 
11within this State who notifies the board of education of his

12district may, subject to Section 3-17, attend any recognized 
13public
community college in the State at the tuition rate of a 
14student residing in the district. Subject to appropriation, 
15which he chooses, and the State Board board of education
of 
16that district shall pay the difference between the in-district 
17and out-of-district tuition amounts to the community college 
18district his tuition, as defined herein, for any
semester, 
19quarter or term of that academic year and the following summer

20term from the educational fund or the proceeds of a levy made 
21under Section
6-1. In addition, any graduate of a recognized 
22high school or student
otherwise qualified to attend a public 
23community college and residing in a
new community college 
24district formed pursuant to Section 6-6.1 who
notifies the 
25board of education of his district may, subject to the

 
 
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1provisions of Section 3-17, attend any recognized public 
2community college
in the State, and the board of education of 
3that district shall pay his
tuition until January 1, 1991. If a 
4resident is not eligible for tuition
for a summer term because 
5he did not notify his board of education by the
previous 
6September 15, he may become eligible for that tuition for a 
7summer
term by giving notice to the board of education by May 
815 preceding his
enrollment for the summer term. Such tuition 
9may not exceed the per capita
cost of the community college 
10attended for the previous year, or in the
case of the first 
11year of operation the estimated per capita cost, less
certain 
12deductions to be computed in the manner set forth below. The

13community college per capita cost shall be computed, in a 
14manner consistent
with any accounting system prescribed by the 
15State Board, by adding all of
the non-capital expenditures, 
16including interest, to the depreciation on
capital outlay 
17expenditures paid from sources other than State and Federal

18funds and then dividing by the number of full-time equivalent 
19students for
the fiscal year as defined in this Section. The 
20community college tuition
to be charged to the district of the 
21student's residence shall be computed,
in a manner consistent 
22with any accounting system prescribed by the State
Board, by 
23adding all of the non-capital expenditures for the previous 
24year,
including interest, to the depreciation on capital outlay 
25expenditures paid
from sources other than State and Federal 
26funds less any payments toward
non-capital expenditures 
 
 
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1received from State and Federal sources for the
previous year 
2except grants through the State Board, as authorized in
Section 
32-16 or 2-16.02, as the case may be, and then dividing by the

4number of full-time equivalent
students for that fiscal year as 
5defined in this Section; this average per
student computation 
6shall be converted to a semester hour or quarter hour
base and 
7further reduced by the combined rate of State grants other than

8equalization grants for the current year as provided for in 
9Section 2-16.02
and any rate of tuition and fees assessed all 
10students for the current year
as authorized in Section 6-4.

11 Any person who has notified the board of education of his 
12or her district
as provided above and who is a resident of that 
13district at the time of
such notification shall have his or her 
14tuition paid by that district
for that academic year and the 
15following summer term so long as he or
she resides in Illinois 
16outside a community college district. If he or
she becomes a 
17resident of a community college district, he or she shall be

18classified as a resident of that district at the beginning of 
19any semester,
quarter or term following that change of 
20residence and the State Board shall no longer pay the 
21difference in tuition rates.

22 If a resident of a community college district wishes to 
23attend the
community college maintained by the district of his 
24or her residence
but the program in which the student wishes to 
25enroll is not offered by that
community college, and the 
26community college maintained by the district
of his residence 
 
 
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1does not have a contractual agreement under Section
3-40 of 
2this Act for such program, the student may attend any 
3recognized
public community college in some other district, 
4subject to the
provisions of Section 3-17, and have his or her 
5tuition, as defined
herein, paid by the community college 
6district of his or her residence
while enrolled in a program at 
7that college which is not offered by his or
her home community 
8college if he or she makes application to his or her
home board 
9at least 30 days prior to the beginning of any semester, 
10quarter
or term in accordance with rules, regulations and 
11procedures established
and published by his or her home board. 
12The payment of tuition by his or
her district of residence may 
13not exceed the per capita cost of the
community college 
14attended for the previous year, or in the case of the
first 
15year of operation the estimated per capita cost, less certain

16deductions, to be computed by adding all of the non-capital 
17expenditures for the previous year, including interest, to the 
18depreciation on the capital outlay expenditures paid from 
19sources other than State and federal funds, less any payments 
20toward non-capital expenditures received from State and 
21federal sources for the previous year (except for grants 
22through the State Board under Section 2-16.02 of this Act), and 
23dividing that amount by the number of full-time equivalent 
24students for that fiscal year as defined under this Section. 
25This average per student computation shall be converted to a 
26semester hour base and further reduced by the combined rate of 
 
 
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1State grants, other than equalization grants for the current 
2year as provided under Section 2-16.02 of this Act, and any 
3rate of tuition and fees assessed for all students for the 
4current year as authorized under Section 6-4 of this Act. in 
5the manner set forth above for the community
college tuition to 
6be charged to the district of the student's residence.

7 Payment shall be made hereunder to the community college 
8district of
attendance immediately upon receipt, by the 
9district liable for the
payment, of a statement from that 
10community college district of the
amount due it. Before sending 
11such a statement requesting payment,
however, the community 
12college district of attendance shall make all
calculations and 
13deductions required under this Section so that the
amount 
14requested for payment is the exact amount required under this

15Section to be paid by the district liable for payment.

16 If the moneys in the educational fund or the proceeds from 
17a levy
made under Section 6-1 of a district liable for payments 
18under this
Section are insufficient to meet such payments, the 
19district liable for
such payments may issue tax anticipation 
20warrants as provided in Section
3-20.10.

21 A full-time equivalent student for a semester, quarter or 
22term is
defined as a student doing 15 semester hours of work 
23per semester or 15
quarter hours of work per quarter or the 
24equivalent thereof, and the
number of full-time equivalent 
25students enrolled per term shall be
determined by dividing by 
2615 the total number of semester hours or
quarter hours of work 
 
 
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1for which State Board grants are received, or the
equivalent 
2thereof, carried by all students of the college through the

3mid-term of each semester, quarter or term. The number of 
4full-time
equivalent students for a fiscal year shall be 
5computed by adding the total
number of semester hours or 
6quarter hours of work or the equivalent thereof
carried by all 
7students of the college through the mid-term of each
semester, 
8quarter or term during that fiscal year and dividing that sum 
9by
30 semester hours or 45 quarter hours or the equivalent 
10thereof depending
upon the credit hour system utilized by the 
11college. Tuition of students
carrying more or less than 15 
12semester hours of work per semester or 15
quarter hours of work 
13per quarter or the equivalent thereof shall be
computed in the 
14proportion which the number of hours so carried bears to 15

15semester hours or 15 quarter hours or the equivalent thereof.

16 If the United States Government, the State of Illinois, or 
17any agency
pays tuition for any community college student, 
18neither the district of
residence of the student nor the 
19student may be required to pay that
tuition or such part 
20thereof as is otherwise paid. No part of the
State's financial 
21responsibility provided for in Section 2-16
may be transferred 
22to a student's district of residence under this Section.

23(Source: P.A. 86-469; 86-1246; 87-1018.)





24 (110 ILCS 805/6-4.1) (from Ch. 122, par. 106-4.1)



25 Sec. 6-4.1. 
If a resident of Illinois qualifies for 
 
 
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1admission to a public
community college under Section 3-17 but 
2does not qualify for financial
support under Section 6-2, he 
3may be enrolled in the college upon payment
of the difference 
4between the per capita cost as defined in Section 6-2
less any 
5payments toward noncapital expenditures received from State 
6and
federal sources for the previous year except grants through 
7the State Board
as authorized in Section 2-16 or 2-16.02, as 
8the case may be, converted
to a semester hour or quarter hour

9base, and the combined rate of State grants other than 
10equalization grants
for the current year as authorized in 
11Section 2-16.02,
notwithstanding tuition
limits of Section 
126-4. Subject to Section 3-17, a public community college
may 
13accept out-of-state students upon payment of the per capita 
14cost as
defined in Section 6-2. Notwithstanding the provisions 
15of this Section, the
out-of-district or out-of-state tuition, 
16whichever is applicable, may be
waived for a student who is 
17employed for at least 35 hours per week by
an entity located
in 
18the district or is enrolled in a course that is being provided

19under terms of a contract for services between the employing 
20entity and the college.

21(Source: P.A. 86-1246; 87-741; 87-1018.)


22 (110 ILCS 805/6-4.2 new)
23 Sec. 6-4.2. In-district tuition charge. Notwithstanding 
24any other provision of law or administrative rule to the 
25contrary, for tuition purposes, a student shall be classified 
 
 
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1as a resident of a community college district after 
2establishing the 30-day residency requirement of the district.




3 (110 ILCS 805/7-5) (from Ch. 122, par. 107-5)



4 Sec. 7-5. 
The Until January 1, 1972, the fiscal year of the 
5Board is the calendar
year, and thereafter the fiscal year 
6shall commence on the first day of
July and end on the last day 
7of June of each succeeding year. To effect
this transition the 
8Board shall adopt a resolution establishing the first
fiscal 
9year for the period commencing on January 1, 1972, and ending 
10on
June 30, 1973. All reports of the chief administrative 
11officer, the budget
and all appropriations shall be prepared 
12for such period.

13 The board and its officers shall have all necessary powers 
14to effectuate
such change in the fiscal year, but the 
15proceedings had pursuant to this
Section shall not alter the 
16procedures for the levy of taxes as provided in
Section 7-18.

17(Source: P.A. 77-676.)





18 (110 ILCS 805/7-9) (from Ch. 122, par. 107-9)



19 Sec. 7-9. 
The budget shall set forth estimates, by classes, 
20of all current
assets and liabilities of each fund of the board 
21as of the beginning of the
fiscal year, and the amounts of 
22those assets estimated to be available for
appropriation in 
23that year, either for expenditures or charges to be made
or 
24incurred during that year or for liabilities unpaid at the 
 
 
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1beginning
thereof. Estimates of taxes to be received from the 
2levies of prior years
shall be net, after deducting amounts 
3estimated to be sufficient to cover
the loss and cost of 
4collecting those taxes and also deferred collections
thereof 
5and abatements in the amount of those taxes extended or to be

6extended upon the collectors' books.

7 Estimates of the liabilities of the respective funds shall 
8include:

9  1. All final judgments, including accrued interest 
10 thereon, entered
against the board and unpaid at the 
11 beginning of that fiscal year;

12  2. The principal of all tax anticipation warrants and 
13 all temporary
loans and all accrued interest thereon unpaid 
14 at the beginning of that
fiscal year;

15  3. Any amount for which the board is required under 
16 this Act to
reimburse the working cash fund from the 
17 educational fund and operations and
maintenance fund; and

18  4. The amount of all accounts payable including 
19 estimates of audited
vouchers, participation certificates, 
20 interfund loans and purchase orders
payable.

21 The budget shall also set forth detailed estimates of all 
22taxes to be
levied for that year and of all current revenues to 
23be derived from sources
other than taxes, including State and 
24Federal contributions, rents, fees,
perquisites, and all other 
25types of revenue, which will be applicable to
expenditures or 
26charges to be made or incurred during that year.

 
 
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1 No estimate of taxes to be levied during the fiscal year 
2for
educational purposes
and operations and maintenance of 
3facilities purposes may exceed a sum
equivalent to the product 
4of the value of the taxable property in the
district, as 
5ascertained by the last assessment for State and county taxes

6previous to the passage of the budget, multiplied by the 
7maximum per cent
or rate of tax which the corporate authorities 
8of the city are authorized
by law to levy for the current 
9fiscal year for those purposes: Provided
that any estimate of 
10taxes to be levied for the year 1975 collectible in
1976 and 
11for the first half of the year 1976 collectible in 1977 for

12educational purposes and operations and maintenance of 
13facilities purposes
may be equal to a sum equivalent to the 
14product of the value of the taxable
property in the district, 
15as ascertained by the 1972 assessment for State
and county 
16taxes, multiplied by the maximum per cent or rate of tax which

17the corporate authorities of the city are authorized by law to 
18levy for the
current fiscal year for those purposes.

19 All these estimates shall be so segregated and classified 
20as to funds
and in such other manner as to give effect to the 
21requirements of law
relating to the respective purposes to 
22which the assets and taxes and other
current revenues are 
23applicable, so that no expenditure will be authorized
or made 
24for any purpose in excess of the money lawfully available 
25therefor.

26 The several estimates of assets, liabilities and 
 
 
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1expenditure
requirements required or authorized to be made by 
2this Section and by
Section 7-10 shall be made on the basis of 
3information known to the board
at the time of the passage of 
4the annual budget and are not invalidated or
otherwise subject 
5to attack merely because after that time additional
information 
6is known to or could be discovered by the board that would

7require a different estimate or because the board might have 
8amended these
estimates under Section 7-12. 

9(Source: P.A. 85-1335.)





10 (110 ILCS 805/7-25) (from Ch. 122, par. 107-25)



11 Sec. 7-25. Issuance of bonds; terms and sale. The board may 
12incur an
indebtedness and issue bonds for the purpose of

13erecting, purchasing or otherwise acquiring buildings suitable 
14for
community college use, transferring funds to the Capital 
15Development Board Illinois Building
Authority for community 
16college building purposes, erecting temporary
community 
17college structures, erecting additions to, repairing,

18rehabilitating and replacing existing community college 
19buildings and
temporary community college structures, 
20furnishing and equipping
community college buildings and 
21temporary community college structures,
and purchasing or 
22otherwise acquiring and improving sites for such
purposes.

23 The bonds may not be issued until the proposition of 
24authorizing such
bonds has been certified to the proper 
25election officials, who shall have
submitted it to the electors 
 
 
10000HB1940ham001- 72 -LRB100 04620 AXK 38525 a


1of the city at a regular scheduled
election in accordance with 
2the general election law, and approved by a
majority of the 
3electors voting upon that question.

4 The board shall adopt a resolution providing for certifying 
5that
proposition for such an election. In addition to the

6requirements of the general election law the notice
of the 
7referendum must contain the amount of the bond issue,
maximum 
8rate of interest and purpose for which issued. This notice 
9shall
be published in accordance with the general election law.

10 The proposition shall be in substantially the following 
11form:

12-------------------------------------------------------------

13 Shall bonds in the amount of

14$............ be issued by the

15Board of community College District YES

16No....., County of.... and State of

17Illinois for the purpose of (Here

18print the purpose of the public -----------------------

19measure) bearing interest at the

20rate of not to exceed the maximum

21rate authorized by the Bond NO

22Authorization Act, as amended at the

23time of the making of the contract?

24-------------------------------------------------------------

25 Whenever the board desires to issue bonds as herein 
26authorized, it
shall adopt a resolution designating the purpose 
 
 
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1for which the proceeds
of the bonds are to be expended and 
2fixing the amount of the bonds
proposed to be issued, the 
3maturity thereof, and optional provisions, if
any, the rate of 
4interest thereon, and the amount of taxes to be levied
annually 
5for the purpose of paying the interest upon and the principal

6of such bonds.

7 The bonds shall bear interest at the rate of not more than

8the maximum rate authorized by the Bond Authorization Act, as 
9amended at the
time of the making of the contract, and shall 
10mature within not to exceed
20 years from their date,
and may 
11be made callable on any interest payment date at par and 
12accrued
interest, after notice has been given, at the time and 
13in the manner
provided in the bond resolution.

14 The bonds shall be issued in the corporate name of the 
15community
college district, and they shall be signed by the 
16chairman and secretary
of the community college board. The 
17bonds shall also be registered,
numbered and countersigned by 
18the treasurer who receives the taxes of
the district. The 
19registration shall be in a book in which shall be
entered the 
20record of the election authorizing the board to borrow money

21and a description of the bonds issued, including the number, 
22date, to
whom issued, amount, rate of interest and when due.

23 The bonds shall be sold by the board upon such terms as are 
24approved
by the board after advertisement for bids, and the 
25proceeds thereof
shall be received by the community college 
26treasurer, and expended by
the board for the purposes provided 
 
 
10000HB1940ham001- 74 -LRB100 04620 AXK 38525 a


1in the bond resolution.

2 The community college treasurer shall, before receiving 
3any of such
money, execute a surety bond conditioned upon the 
4faithful discharge of
his duties with a surety company 
5authorized to do business in this
State, which surety bond 
6shall be approved by the community college
board and filed as 
7otherwise required under this Act for the treasurer's
bond. The 
8penalty of the surety bond shall be in the amount of such bond

9issue. The surety bond shall be in substantially the same form 
10as the
bond otherwise required under this Act for the treasurer 
11and when so
given shall fully describe the bond issue which it 
12specifically covers
and shall remain in force until the funds 
13of the bond issue are fully
disbursed in accordance with the 
14law.

15 Before or at the time of issuing any bonds herein 
16authorized, the board
shall by resolution provide for the levy 
17and collection
of a direct
annual tax upon all the taxable 
18property of such community college
district sufficient to pay 
19and discharge the principal thereof at
maturity and to pay the 
20interest thereon as it falls due. Such tax shall
be levied and 
21collected in like manner with the other taxes of the
community 
22college district and shall be in addition to and exclusive of

23the maximum of all other taxes which the board is authorized by 
24law to levy for community college purposes.
Upon the filing in 
25the office of the county clerk of the county wherein
such 
26community college district is located of a certified copy of 
 
 
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1any
such ordinance, the county clerk shall extend the tax 
2therein provided
for, including an amount to cover loss and 
3cost of collecting such taxes
and also deferred collections 
4thereof and abatements in the amounts of
such taxes as extended 
5upon the collector's books. The ordinance shall
be in force 
6upon its passage.

7 With respect to instruments for the payment of money issued 
8under this
Section either before, on, or after the effective 
9date of this amendatory
Act of 1989, it is and always has been 
10the intention of the General
Assembly (i) that the Omnibus Bond 
11Acts are and always have been supplementary
grants of
power to 
12issue instruments in accordance with the Omnibus Bond Acts,

13regardless of any provision of this Act that may appear to be 
14or to have
been more restrictive than those Acts, (ii)
that the 
15provisions of this Section are not a limitation on the

16supplementary authority granted by the Omnibus Bond
Acts,
and 
17(iii) that instruments issued under this
Section within the 
18supplementary authority granted by the Omnibus Bond Acts
are 
19not invalid
because of any provision of this Act that may 
20appear to be or to have been
more restrictive than those Acts.

21(Source: P.A. 89-281, eff. 8-10-95.)





22 (110 ILCS 805/7-26) (from Ch. 122, par. 107-26)



23 Sec. 7-26. Issuance of bonds not exceeding $15,000,000 
24aggregate. The
board
may incur an indebtedness and issue bonds 
25therefor in an amount or amounts
not to exceed in the aggregate 
 
 
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1$15,000,000 for the purpose of erecting,
purchasing, or 
2otherwise acquiring buildings suitable for community college

3use, transferring funds to the Capital Development Board 
4Illinois Building Authority for community
college building 
5purposes, erecting temporary community college structures,

6erecting additions to, repairing, rehabilitating, and 
7replacing existing
community college buildings and temporary 
8community college structures,
furnishing and equipping 
9community college buildings and temporary
community college 
10structures, and purchasing or otherwise acquiring and

11improving sites for such purposes. The bonds may be issued 
12without
submitting the question of issuance thereof to the 
13voters of the community
college district for approval.

14 Whenever the board desires to issue bonds as herein 
15authorized, it shall
adopt a resolution designating the purpose 
16for which the proceeds of the
bonds are to be expended and 
17fixing the amount of the bonds proposed to be
issued, the 
18schedule of the maturities thereof; and optional provisions, if

19any, and the maximum rate of interest thereon and directing the 
20sale upon
such terms as are determined by the board.

21 The secretary of the board shall cause such sale to be 
22advertised by
publication of a notice of sale once, as a legal 
23notice in a newspaper
having general circulation in the 
24district, and once in a financial journal
published in the City 
25of New York, New York, or Chicago, Illinois. Such
notice of 
26sale shall be published not less than 7 nor more than 21 days

 
 
10000HB1940ham001- 77 -LRB100 04620 AXK 38525 a


1prior to the date set for the sale of the bonds being 
2advertised. The
notice of sale shall state that sealed bids 
3will be received by the board
for its bonds and shall include: 
4the amount, date, maturity or maturities
of such bonds; the 
5date, time and place of receipt of bids; the maximum

6permissible interest rate; the basis upon which the bonds will 
7be awarded;
call provisions, if any; and such other information 
8as the board may deem
pertinent.

9 After the bonds have been awarded to the successful bidder, 
10the board
shall adopt a resolution confirming the sale of said 
11bonds to the
successful bidder, setting forth the terms of 
12sale, designating the place
of payment for the principal and 
13interest, prescribing the form of bond and
determining the 
14amount of taxes to be levied annually for each of the years
in 
15which said bonds are outstanding for the purpose of paying the 
16interest
on and the principal of such bonds.

17 The bonds shall be issued in the corporate name of the 
18community college
district, and they shall be signed by the 
19chairman and secretary of the
community college board. The 
20bonds shall bear interest at a rate of not
more than
the 
21maximum rate authorized by the Bond Authorization Act, as 
22amended at the
time of the making of the contract, and shall 
23mature within 20 years from the date of
issuance, and may be 
24made callable on any interest payment date at par and
accrued 
25interest, after notice has been given, at the time and in the

26manner provided in the bond resolution. The proceeds of sale of 
 
 
10000HB1940ham001- 78 -LRB100 04620 AXK 38525 a


1said bonds
shall be received by the community college 
2treasurer, and expended by the
board for the purpose provided 
3in the bond resolution.

4 The community college treasurer shall, before receiving 
5any of such
money, execute a surety bond with a surety company 
6authorized to do
business in this State conditioned upon the 
7faithful discharge of his
duties. That surety bond must pass 
8approval by the community college board
and, upon such 
9approval, shall be filed as otherwise required under this
Act 
10for the treasurer's bond. The penalty of the surety bond shall 
11be in
the amount of such bond issue. The surety bond shall be 
12in substantially
the same form as the bond otherwise required 
13under this Act for the
treasurer and when so given shall fully 
14describe the bond issue which it
specifically covers and shall 
15remain in force until the funds of the bond
issue are fully 
16disbursed in accordance with the law.

17 Before or at the time of issuing any bonds herein 
18authorized, the city
council, upon the demand and under the 
19direction of the board shall, by
ordinance, provide for the 
20levy and collection of a direct annual tax upon
all the taxable 
21property within the community college district sufficient
to 
22pay and discharge the principal thereof at maturity and to pay 
23the
interest thereon as it falls due. Such tax shall be levied 
24and collected in
like manner with the other taxes of the 
25community college district and
shall be in addition to and 
26exclusive of the maximum of all other taxes
which the board is

 
 
10000HB1940ham001- 79 -LRB100 04620 AXK 38525 a


1authorized by law to
levy for community college purposes. Upon 
2the filing in the office of the
county clerk of each county 
3wherein such community college district is
located of a 
4certified copy of any such ordinance, the county clerk shall

5extend the tax therein provided for, including an amount to 
6cover loss and
cost of collecting such taxes and also deferred 
7collections thereof and
abatements in the amounts of such taxes 
8as extended upon the collector's
books.

9 With respect to instruments for the payment of money issued 
10under this
Section either before, on, or after the effective 
11date of this amendatory
Act of 1989, it is and always has been 
12the intention of the General
Assembly (i) that the Omnibus Bond 
13Acts are and always have been
supplementary grants of power to 
14issue instruments in accordance with the
Omnibus Bond Acts, 
15regardless of any provision of this Act that may appear
to be 
16or to have been more restrictive than those Acts, (ii) that the

17provisions of this Section are not a limitation on the 
18supplementary
authority granted by the Omnibus Bond Acts, and 
19(iii) that instruments
issued under this Section within the 
20supplementary authority granted
by the Omnibus Bond Acts are 
21not invalid because of any provision of
this Act that may 
22appear to be or to have been more restrictive than
those Acts.

23(Source: P.A. 89-281, eff. 8-10-95.)



24 (110 ILCS 805/2-6.1 rep.)


25 (110 ILCS 805/2-11.1 rep.)


 
 
10000HB1940ham001- 80 -LRB100 04620 AXK 38525 a


1 (110 ILCS 805/2-16.03 rep.)


2 (110 ILCS 805/2-20 rep.)

3 (110 ILCS 805/2-25 rep.)
4 (110 ILCS 805/3-7b rep.)

5 (110 ILCS 805/3-12 rep.)


6 (110 ILCS 805/3-12.1 rep.)


7 (110 ILCS 805/3-12.2 rep.)


8 (110 ILCS 805/3-20.7 rep.)


9 (110 ILCS 805/3-22.3 rep.)


10 (110 ILCS 805/3-31.2 rep.)


11 (110 ILCS 805/3-40.2 rep.)


12 (110 ILCS 805/3-46.1 rep.)


13 (110 ILCS 805/5-8 rep.)


14 (110 ILCS 805/6-1 rep.)


15 (110 ILCS 805/6-6.1 rep.)

16 Section 15. The Public Community College Act is amended by 
17repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b, 
183-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1, 
195-8, 6-1, and 6-6.1.".