Rep. Chad Hays
Filed: 4/20/2018
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| 1 | AMENDMENT TO HOUSE BILL 1940
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| 2 | AMENDMENT NO. ______. Amend House Bill 1940 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "(30 ILCS 105/5.325 rep.) | ||||||
| 5 | Section 5. The State Finance Act is amended by repealing | ||||||
| 6 | Section 5.325.
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| 7 | Section 10. The Public Community College Act is amended by | ||||||
| 8 | changing Sections 1-2, 2-11, 2-12, 2-12.1, 2-15, 2-16.02, 2-24, | ||||||
| 9 | 3-7, 3-7a, 3-14.2, 3-14.3, 3-20.1, 3-22.1, 3-25.1, 3-26.1, | ||||||
| 10 | 3-29, 3-40, 3-42.1, 3-48, 3-53, 5-3, 5-4, 5-6, 5-7, 5A-15, | ||||||
| 11 | 5A-25, 5A-35, 5A-45, 6-2, 6-4.1, 7-5, 7-9, 7-25, and 7-26 and | ||||||
| 12 | by adding Section 6-4.2 as follows:
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| 13 | (110 ILCS 805/1-2) (from Ch. 122, par. 101-2)
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| 14 | Sec. 1-2. The following terms have the meanings | ||||||
| 15 | respectively prescribed
for them except as the context | ||||||
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| 1 | otherwise requires:
| ||||||
| 2 | (a) "Board of Higher Education": The Board of Higher | ||||||
| 3 | Education created
by "An Act creating a Board of Higher | ||||||
| 4 | Education, defining its powers and
duties, making an | ||||||
| 5 | appropriation therefor, and repealing an Act herein
named", | ||||||
| 6 | approved August 22, 1961, as now or hereafter amended.
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| 7 | (b) "State Board": Illinois Community College Board | ||||||
| 8 | created by Article
II of this Act.
| ||||||
| 9 | (c) "Community Colleges": Public community colleges | ||||||
| 10 | existing in
community college districts organized under this | ||||||
| 11 | Act,
or public community colleges which prior to October 1, | ||||||
| 12 | 1973, were organized
as public junior colleges under this Act, | ||||||
| 13 | or public community
colleges existing in districts accepted as | ||||||
| 14 | community college districts
under this Act which districts have | ||||||
| 15 | a population of not less than 30,000
inhabitants or consist of | ||||||
| 16 | at least 3 counties or that portion of 3 counties
not included | ||||||
| 17 | in a community college district and an assessed valuation of
| ||||||
| 18 | not less than $75,000,000 and which districts levy a tax for | ||||||
| 19 | community
college purposes.
| ||||||
| 20 | (d) "Community College Districts": Districts authorized to | ||||||
| 21 | maintain
community colleges under this Act, including | ||||||
| 22 | community college districts
which prior to October 1, 1973, | ||||||
| 23 | were established under this Act as public
junior college | ||||||
| 24 | districts.
| ||||||
| 25 | (e) "Comprehensive community college program": A program | ||||||
| 26 | offered by a
community college which includes (1) courses in | ||||||
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| 1 | liberal arts and sciences
and general education; (2) adult | ||||||
| 2 | education courses; and (3) courses in
occupational, | ||||||
| 3 | semi-technical or technical fields leading directly to
| ||||||
| 4 | employment. At least 15% of all courses taught must be in | ||||||
| 5 | fields leading
directly to employment, one-half of which | ||||||
| 6 | courses to be in fields other
than business education.
| ||||||
| 7 | (f) "Common Schools": Schools in districts operating | ||||||
| 8 | grades 1 through 8,
1 through 12 or 9 through 12.
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| 9 | (g) "Board": The board of trustees of a community college | ||||||
| 10 | district,
whether elected or appointed.
| ||||||
| 11 | (h) "The election for the establishment": An election to | ||||||
| 12 | establish a
community college district under Article III, or an | ||||||
| 13 | election to establish a
junior college district prior to July | ||||||
| 14 | 15, 1965, which district has become a
community college | ||||||
| 15 | district under this Act.
| ||||||
| 16 | (i) "Regional superintendent": The superintendent of an | ||||||
| 17 | educational
service region.
| ||||||
| 18 | (j) "Employment Advisory Board": A board, appointed by the | ||||||
| 19 | Board of
Trustees of a Community College District, for the | ||||||
| 20 | purpose of advising the
Board of Trustees as to local | ||||||
| 21 | employment conditions within the boundaries
of the Community | ||||||
| 22 | College District.
| ||||||
| 23 | (k) "Operation and maintenance of facilities": The | ||||||
| 24 | management 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)
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| 2 | Sec. 2-11.
The State Board in cooperation with the | ||||||
| 3 | four-year colleges is empowered
to develop articulation | ||||||
| 4 | procedures to the end that maximize maximum freedom of
transfer | ||||||
| 5 | among and between community colleges and baccalaureate | ||||||
| 6 | granting between community colleges and
degree-granting | ||||||
| 7 | institutions be available, and consistent with minimum
| ||||||
| 8 | admission policies established by the Board of Higher | ||||||
| 9 | Education.
| ||||||
| 10 | (Source: P.A. 78-669.)
| ||||||
| 11 | (110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
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| 12 | Sec. 2-12. The State Board shall have the power and it | ||||||
| 13 | shall be its duty:
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| 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
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| 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)
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| 23 | Sec. 2-12.1. Experimental district; abolition of | ||||||
| 24 | experimental district
and establishment of new community | ||||||
| 25 | college district. | ||||||
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| 1 | (a) The State Board shall establish an experimental
| ||||||
| 2 | community college district, referred to in this Act as the | ||||||
| 3 | "experimental
district", to be comprised of territory which | ||||||
| 4 | includes the City of East
St. Louis, Illinois. The State Board | ||||||
| 5 | shall determine the area and fix
the boundaries of the | ||||||
| 6 | territory of the experimental district. Within 30 days
of the | ||||||
| 7 | establishment of the experimental district, the State Board | ||||||
| 8 | shall
file with the county clerk of the county, or counties, | ||||||
| 9 | concerned a map
showing the territory of the experimental | ||||||
| 10 | district.
| ||||||
| 11 | Within the experimental district, the State Board shall | ||||||
| 12 | establish,
maintain and operate, until the experimental | ||||||
| 13 | district is abolished and a new
community college district is | ||||||
| 14 | established under subsection (c), an
experimental community | ||||||
| 15 | college to be
known as the State Community College of East St. | ||||||
| 16 | Louis.
| ||||||
| 17 | (b) (Blank).
| ||||||
| 18 | (c) The experimental district established under subsection | ||||||
| 19 | (a) of this Section is abolished on July 1, 1996 shall be | ||||||
| 20 | abolished and replaced by a new
community college district as | ||||||
| 21 | follows:
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 8 | and establishment of the
new community college district as | ||||||
| 9 | provided in this Section, all tangible
personal property, | ||||||
| 10 | including inventory, equipment, supplies, and library books,
| ||||||
| 11 | materials, and collections, belonging to the experimental | ||||||
| 12 | district and State
Community College of East St. Louis at the | ||||||
| 13 | time of their abolition under this
Section shall be deemed | ||||||
| 14 | transferred, by operation of law, to the board of
trustees of | ||||||
| 15 | the new community college district. In addition, all real
| ||||||
| 16 | property, and the improvements situated thereon, held by State | ||||||
| 17 | Community
College of East St. Louis or on its behalf by its | ||||||
| 18 | board of trustees shall, upon
abolition of the experimental | ||||||
| 19 | district and college as provided in this Section,
be conveyed | ||||||
| 20 | by the Illinois Community College Board, in the manner
| ||||||
| 21 | prescribed by law, to the board of trustees of the new | ||||||
| 22 | community college
district established under this Section for | ||||||
| 23 | so long as that real property is
used for the conduct and | ||||||
| 24 | operation of a public community college and the
related | ||||||
| 25 | purposes of a public community college district of this State. | ||||||
| 26 | Neither
the new community college district nor its board of | ||||||
| |||||||
| |||||||
| 1 | trustees shall have any
responsibility to any vendor or other | ||||||
| 2 | person making a claim relating to the
property, inventory, or | ||||||
| 3 | equipment so transferred.
On August 22, 1997, the
endowment | ||||||
| 4 | funds,
gifts, trust funds, and funds from student activity fees | ||||||
| 5 | and the operation of
student and staff medical and health | ||||||
| 6 | programs, union buildings, bookstores,
campus centers, and | ||||||
| 7 | other auxiliary enterprises and activities that were
received | ||||||
| 8 | by the board of trustees of State Community College of East St. | ||||||
| 9 | Louis
and held and retained by that board of trustees at the | ||||||
| 10 | time of the abolition of
the experimental district and its | ||||||
| 11 | replacement by the new community college
district as provided | ||||||
| 12 | in this Section shall be deemed transferred by operation
of law | ||||||
| 13 | to the board of trustees of that new community college | ||||||
| 14 | district, to
be retained in its own treasury and used in the | ||||||
| 15 | conduct and operation of the
affairs and related purposes of | ||||||
| 16 | the new community college district.
On August 22, 1997, all
| ||||||
| 17 | funds held locally
in the State Community College of East St. | ||||||
| 18 | Louis Contracts and Grants Clearing
Account, the State | ||||||
| 19 | Community College of East St. Louis Income Fund Clearing
| ||||||
| 20 | Account and the Imprest Fund shall be transferred by the Board | ||||||
| 21 | to the General
Revenue Fund.
| ||||||
| 22 | (e) (Blank). The outstanding obligations incurred for | ||||||
| 23 | fiscal years prior to fiscal
year 1997 by the board of trustees | ||||||
| 24 | of State Community College of East St. Louis
before the | ||||||
| 25 | abolition of that college and the experimental district as | ||||||
| 26 | provided
in this Section shall be paid by the State Board from | ||||||
| |||||||
| |||||||
| 1 | appropriations made to
the State Board from the General Revenue | ||||||
| 2 | Fund for purposes of this subsection.
To facilitate the | ||||||
| 3 | appropriations to be made for that purpose, the State
| ||||||
| 4 | Comptroller and State Treasurer, without delay, shall transfer | ||||||
| 5 | to the General
Revenue Fund from the State Community College of | ||||||
| 6 | East St. Louis Income Fund and
the State Community College of | ||||||
| 7 | East St. Louis Contracts and Grants Fund,
special funds | ||||||
| 8 | previously created in the State Treasury, any balances | ||||||
| 9 | remaining
in those special funds on August 22, 1997.
| ||||||
| 10 | (Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96; | ||||||
| 11 | 90-358, eff.
1-1-98; 90-509, eff. 8-22-97; 90-655, eff. | ||||||
| 12 | 7-30-98.)
| ||||||
| 13 | (110 ILCS 805/2-15) (from Ch. 122, par. 102-15)
| ||||||
| 14 | Sec. 2-15. Recognition. The State Board shall grant | ||||||
| 15 | recognition to
community colleges which
maintain equipment, | ||||||
| 16 | courses of study, standards of scholarship and other
| ||||||
| 17 | requirements set by the State Board. Application for | ||||||
| 18 | recognition shall be
made to the State Board. The State Board | ||||||
| 19 | shall set the criteria by which
the community colleges shall be | ||||||
| 20 | judged and through the executive officer of
the State Board | ||||||
| 21 | shall arrange for an official evaluation of the community
| ||||||
| 22 | colleges and shall grant recognition of such community colleges | ||||||
| 23 | as may meet
the required standards.
| ||||||
| 24 | Recognition shall include a review of compliance with | ||||||
| 25 | Section 3-65 of this Act Public Act 99-482 and other applicable | ||||||
| |||||||
| |||||||
| 1 | State and federal laws regarding employment contracts and | ||||||
| 2 | compensation. Annually, the State Board shall convene an | ||||||
| 3 | advisory committee to review the findings and make | ||||||
| 4 | recommendations for changes or additions to the laws or the | ||||||
| 5 | review procedures. | ||||||
| 6 | If a community college district fails to meet the | ||||||
| 7 | recognition standards
set by the State Board, and if the | ||||||
| 8 | district, in accordance with: (a) generally accepted | ||||||
| 9 | Government
Auditing Standards issued by the
Comptroller | ||||||
| 10 | General of the United States, (b) auditing standards | ||||||
| 11 | established by
the American Institute of Certified Public | ||||||
| 12 | Accountants, or (c) other applicable
State and federal | ||||||
| 13 | standards, is found by the district's auditor or the State
| ||||||
| 14 | Board working in cooperation with the district's auditor to | ||||||
| 15 | have material
deficiencies in the
design or operation of | ||||||
| 16 | financial control structures that
could adversely affect the | ||||||
| 17 | district's financial integrity and stability, or is
found to | ||||||
| 18 | have misused State or federal funds and jeopardized
its | ||||||
| 19 | participation in State or federal programs, the State Board | ||||||
| 20 | may,
notwithstanding any laws to the contrary, implement one or | ||||||
| 21 | more 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.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| 22 | maintains a
community college recognized by the State Board | ||||||
| 23 | shall receive, when eligible,
grants enumerated in this | ||||||
| 24 | Section. Funded semester credit hours or other
measures or both | ||||||
| 25 | as specified by the State Board shall be used to distribute
| ||||||
| |||||||
| |||||||
| 1 | grants to community colleges. Funded semester credit hours | ||||||
| 2 | shall be defined,
for purposes of this Section, as the greater | ||||||
| 3 | of
(1) the number of semester credit hours, or equivalent, in | ||||||
| 4 | all funded
instructional categories of students who have been | ||||||
| 5 | certified as being in
attendance at midterm during the | ||||||
| 6 | respective terms of the base fiscal year or
(2) the average of | ||||||
| 7 | semester credit hours, or equivalent, in all funded
| ||||||
| 8 | instructional categories of students who have been certified as | ||||||
| 9 | being in
attendance at midterm during the respective terms of | ||||||
| 10 | the base fiscal year and
the 2 prior fiscal years. For purposes | ||||||
| 11 | of this Section, "base fiscal year"
means the fiscal year 2 | ||||||
| 12 | years prior to the fiscal year for which the grants are
| ||||||
| 13 | appropriated. Such students shall have been residents of | ||||||
| 14 | Illinois and shall
have been enrolled in courses that are part | ||||||
| 15 | of instructional program categories
approved by the State Board | ||||||
| 16 | and that are applicable toward an associate degree
or | ||||||
| 17 | certificate.
Courses that are eligible for reimbursement are | ||||||
| 18 | those courses for which
the district pays 50% or more of the | ||||||
| 19 | program costs from unrestricted
revenue sources, with the | ||||||
| 20 | exception of dual credit courses and courses offered by | ||||||
| 21 | contract with
the Department of Corrections in correctional | ||||||
| 22 | institutions. For the
purposes of this Section, "unrestricted | ||||||
| 23 | revenue sources" means those
revenues in which the provider of | ||||||
| 24 | the revenue imposes no financial
limitations upon the district | ||||||
| 25 | as it relates to the expenditure of the funds. Except for | ||||||
| 26 | Fiscal Year 2012, base operating grants shall be paid based on | ||||||
| |||||||
| |||||||
| 1 | rates per funded
semester credit hour or equivalent calculated | ||||||
| 2 | by the State Board for funded
instructional categories using | ||||||
| 3 | cost of instruction, enrollment, inflation, and
other relevant | ||||||
| 4 | factors. For Fiscal Year 2012, the allocations for base | ||||||
| 5 | operating grants to community college districts shall be the | ||||||
| 6 | same as they were in Fiscal Year 2011, reduced or increased | ||||||
| 7 | proportionately according to the appropriation for base | ||||||
| 8 | operating grants for Fiscal Year 2012.
| ||||||
| 9 | Equalization grants shall be calculated by the State Board | ||||||
| 10 | by determining a
local revenue factor for each district by: (A) | ||||||
| 11 | adding (1)
each district's Corporate Personal Property | ||||||
| 12 | Replacement Fund
allocations from the base
fiscal year or the | ||||||
| 13 | average of the base fiscal year and prior year, whichever is
| ||||||
| 14 | less, divided by the applicable statewide average tax rate to | ||||||
| 15 | (2) the
district's most recently audited
year's equalized | ||||||
| 16 | assessed valuation or the average of the most recently audited
| ||||||
| 17 | year and prior year, whichever is less, (B) then dividing by | ||||||
| 18 | the district's
audited full-time equivalent resident students | ||||||
| 19 | for the base fiscal year or the
average for the base fiscal | ||||||
| 20 | year and the 2 prior fiscal years, whichever is
greater, and | ||||||
| 21 | (C) then multiplying by the applicable statewide average tax
| ||||||
| 22 | rate. The State Board
shall calculate a statewide weighted | ||||||
| 23 | average threshold by applying
the same methodology to the | ||||||
| 24 | totals of all districts' Corporate Personal
Property Tax | ||||||
| 25 | Replacement Fund allocations, equalized assessed valuations, | ||||||
| 26 | and
audited full-time equivalent district resident students | ||||||
| |||||||
| |||||||
| 1 | and multiplying by the
applicable statewide average tax rate. | ||||||
| 2 | The difference between the statewide
weighted average | ||||||
| 3 | threshold and the local revenue
factor, multiplied by the | ||||||
| 4 | number of full-time equivalent resident students,
shall | ||||||
| 5 | determine the amount of equalization funding that each district | ||||||
| 6 | is
eligible to receive. A percentage factor, as determined by | ||||||
| 7 | the State Board,
may be applied to the statewide threshold as a | ||||||
| 8 | method for allocating
equalization funding. A minimum | ||||||
| 9 | equalization grant of an amount per district
as determined by | ||||||
| 10 | the State Board shall be established for any community college
| ||||||
| 11 | district which qualifies for an equalization grant based upon | ||||||
| 12 | the preceding
criteria, but becomes ineligible for | ||||||
| 13 | equalization funding, or would have
received a grant of less | ||||||
| 14 | than the minimum equalization grant, due to threshold
| ||||||
| 15 | prorations applied to reduce equalization funding.
As of July | ||||||
| 16 | 1, 2013, a community college district eligible to receive an | ||||||
| 17 | equalization grant based upon the preceding criteria must | ||||||
| 18 | maintain a
minimum required combined in-district tuition and | ||||||
| 19 | universal fee rate per
semester credit hour equal to 70% of the | ||||||
| 20 | State-average combined rate, as
determined by the State Board, | ||||||
| 21 | or the total revenue received by the community college district | ||||||
| 22 | from combined in-district tuition and universal fees must be at | ||||||
| 23 | least 30% of the total revenue received by the community | ||||||
| 24 | college district, as determined by the State Board, for | ||||||
| 25 | equalization funding. As of July 1,
2004, a community college | ||||||
| 26 | district must maintain a minimum required
operating tax rate | ||||||
| |||||||
| |||||||
| 1 | equal to at least 95% of its maximum authorized tax
rate to | ||||||
| 2 | qualify for equalization funding. This 95% minimum tax rate
| ||||||
| 3 | requirement shall be based upon the maximum operating tax rate | ||||||
| 4 | as
limited by the Property Tax Extension Limitation Law.
| ||||||
| 5 | The State Board shall distribute such other grants as may | ||||||
| 6 | be
authorized or appropriated by the General Assembly.
| ||||||
| 7 | Each community college district entitled to State grants | ||||||
| 8 | under this
Section must submit a report of its enrollment to | ||||||
| 9 | the State Board not later
than 30 days following the end of | ||||||
| 10 | each semester, quarter, or term in a
format prescribed by the | ||||||
| 11 | State Board. These semester credit hours, or
equivalent, shall | ||||||
| 12 | be certified by each district on forms provided by the
State | ||||||
| 13 | Board. Each district's certified semester credit hours, or | ||||||
| 14 | equivalent,
are subject to audit pursuant to Section 3-22.1.
| ||||||
| 15 | The State Board shall certify, prepare, and submit monthly | ||||||
| 16 | vouchers to the State Comptroller
setting
forth an amount equal | ||||||
| 17 | to one-twelfth of the grants approved by the State Board for | ||||||
| 18 | base
operating grants and equalization grants. The State Board | ||||||
| 19 | shall prepare and
submit to the State Comptroller vouchers for | ||||||
| 20 | payments of other grants as
appropriated by the General | ||||||
| 21 | Assembly. If the amount appropriated for grants
is different | ||||||
| 22 | from the amount provided for such grants under this Act, the
| ||||||
| 23 | grants shall be proportionately reduced or increased | ||||||
| 24 | accordingly.
| ||||||
| 25 | For the purposes of this Section, "resident student" means | ||||||
| 26 | a student in a
community college district who maintains | ||||||
| |||||||
| |||||||
| 1 | residency in that district or
meets other residency definitions | ||||||
| 2 | established by the State Board, and who
was enrolled either in | ||||||
| 3 | one of the approved instructional program categories
in that | ||||||
| 4 | district, or in another community college district to which the
| ||||||
| 5 | resident's district is paying tuition under Section 6-2 or with | ||||||
| 6 | which the
resident's district has entered into a cooperative | ||||||
| 7 | agreement in lieu of such
tuition. Students shall be classified | ||||||
| 8 | as residents of the community college district without meeting | ||||||
| 9 | the 30-day residency requirement of the district if they are | ||||||
| 10 | currently residing in the district and are youth (i) who are | ||||||
| 11 | currently under the legal guardianship of the Illinois | ||||||
| 12 | Department of Children and Family Services or have recently | ||||||
| 13 | been emancipated from the Department and (ii) who had | ||||||
| 14 | previously met the 30-day residency requirement of the district | ||||||
| 15 | but who had a placement change into a new community college | ||||||
| 16 | district. The student, a caseworker or other personnel of the | ||||||
| 17 | Department, or the student's attorney or guardian ad litem | ||||||
| 18 | appointed under the Juvenile Court Act of 1987 shall provide | ||||||
| 19 | the district with proof of current in-district residency.
| ||||||
| 20 | For the purposes of this Section, a "full-time equivalent" | ||||||
| 21 | student is
equal to 30 semester credit hours.
| ||||||
| 22 | The Illinois Community College Board Contracts and Grants | ||||||
| 23 | Fund is hereby
created in the State Treasury. Items of income | ||||||
| 24 | to this fund shall include
any grants, awards, endowments, or | ||||||
| 25 | like proceeds, and where appropriate,
other funds made | ||||||
| 26 | available through contracts with governmental, public, and
| ||||||
| |||||||
| |||||||
| 1 | private agencies or persons. The General Assembly shall from | ||||||
| 2 | time to time
make appropriations payable from such fund for the | ||||||
| 3 | support, improvement,
and expenses of the State Board and | ||||||
| 4 | Illinois community college
districts.
| ||||||
| 5 | (Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14; | ||||||
| 6 | 99-845, 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 | ||||||
| 10 | Higher Education Act, the State Board may establish and | ||||||
| 11 | administer a We Want to Learn English Initiative to provide | ||||||
| 12 | resources for immigrants and refugees in this State to learn | ||||||
| 13 | English in order to move towards becoming full members of | ||||||
| 14 | American society. | ||||||
| 15 | (b) If funds are Each fiscal year, the State Board may | ||||||
| 16 | include, as a separate line item, in its budget proposal | ||||||
| 17 | $15,000,000 or less in funding for the We Want to Learn English | ||||||
| 18 | Initiative, to be disbursed by the State Board. If the State | ||||||
| 19 | Board decides to disburse the funds appropriated for this | ||||||
| 20 | Initiative, then the State Board it must disburse no less than | ||||||
| 21 | half of the funds appropriated each fiscal year to | ||||||
| 22 | community-based, not-for-profit organizations, immigrant | ||||||
| 23 | social service organizations, faith-based organizations, and | ||||||
| 24 | on-site job training programs so that immigrants and refugees | ||||||
| 25 | can learn English where they live, work, pray, and socialize | ||||||
| |||||||
| |||||||
| 1 | and where their children go to school. | ||||||
| 2 | (c) Funds for the We Want to Learn English Initiative may | ||||||
| 3 | be used only to provide programs that teach English to United | ||||||
| 4 | States citizens, lawful permanent residents, and other persons | ||||||
| 5 | residing 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 | ||||||
| 9 | trustees
shall be nonpartisan and shall be held at the time and | ||||||
| 10 | in the manner provided
in the general election law.
| ||||||
| 11 | (b) Unless otherwise provided in this Act, members shall be | ||||||
| 12 | elected to
serve 6
year terms. The term of members elected in | ||||||
| 13 | 1985 and thereafter shall be from
the date the member is | ||||||
| 14 | officially determined to be elected to the board by
a canvass | ||||||
| 15 | conducted pursuant to the Election Code, to the date that the
| ||||||
| 16 | winner of the seat is officially determined by the canvass | ||||||
| 17 | conducted
pursuant to the Election Code the next time the seat | ||||||
| 18 | on the board is to be
filled by election.
| ||||||
| 19 | (c) Each member must on the date of his election be a | ||||||
| 20 | citizen of the
United
States, of the age of 18 years or over, | ||||||
| 21 | and a resident of the State and
the territory which on the date | ||||||
| 22 | of the election is included in the
community college district | ||||||
| 23 | for at least one year immediately preceding
his election.
In | ||||||
| 24 | Community College District No. 526,
each member elected at the | ||||||
| 25 | consolidated election in 2005 or thereafter must
also be a | ||||||
| |||||||
| |||||||
| 1 | resident of the trustee
district he or she represents for at | ||||||
| 2 | least one year immediately preceding
his or her election, | ||||||
| 3 | except that in the first consolidated election for each
trustee | ||||||
| 4 | district following reapportionment, a candidate for the board
| ||||||
| 5 | may be elected from any trustee district that contains a part | ||||||
| 6 | of the
trustee district in which he or she resided at the time | ||||||
| 7 | of the
reapportionment and may be reelected if a resident of | ||||||
| 8 | the new trustee district
he
or she represents for one year | ||||||
| 9 | prior to reelection.
In the event a person who is a member of a | ||||||
| 10 | common school
board is elected or appointed to a board of | ||||||
| 11 | trustees of a community college
district, that person shall be | ||||||
| 12 | permitted to serve the remainder of his or
her term of office | ||||||
| 13 | as a member of the common school board. Upon the
expiration of | ||||||
| 14 | the common school board term, that person shall not be
eligible | ||||||
| 15 | for election or appointment to a common school board during the
| ||||||
| 16 | term of office with the community college district board of | ||||||
| 17 | trustees.
| ||||||
| 18 | (d) Whenever a vacancy occurs, the remaining members shall | ||||||
| 19 | fill the
vacancy, and the person so appointed shall serve until | ||||||
| 20 | a successor is
elected to serve the remainder of the unexpired | ||||||
| 21 | term at the next regular election for board members and is | ||||||
| 22 | certified in
accordance with Sections 22-17 and 22-18 of the | ||||||
| 23 | Election Code. If the
remaining members fail so to act within | ||||||
| 24 | 60 days after the vacancy occurs,
the chairman of the State | ||||||
| 25 | Board shall fill that vacancy, and the person so
appointed | ||||||
| 26 | shall serve until a successor is elected to serve the remainder | ||||||
| |||||||
| |||||||
| 1 | of the unexpired term at the next regular
election for board | ||||||
| 2 | members and is certified in accordance with Sections
22-17 and | ||||||
| 3 | 22-18 of the Election Code. The person appointed to fill the
| ||||||
| 4 | vacancy shall have the same residential qualifications as his | ||||||
| 5 | predecessor
in office was required to have. In either instance, | ||||||
| 6 | if the vacancy occurs
with less than 4 months remaining before | ||||||
| 7 | the next scheduled consolidated
election, and the term of | ||||||
| 8 | office of the board member vacating the position
is not | ||||||
| 9 | scheduled to expire at that election, then the term of the | ||||||
| 10 | person so
appointed shall extend through that election and | ||||||
| 11 | until the succeeding
consolidated election. If the term of | ||||||
| 12 | office of the board
member vacating the position is scheduled | ||||||
| 13 | to expire at the upcoming
consolidated election, the appointed | ||||||
| 14 | member shall serve
only until a successor is elected and | ||||||
| 15 | qualified at that election.
| ||||||
| 16 | (e) Members of the board shall serve without compensation | ||||||
| 17 | but shall be
reimbursed for their reasonable expenses incurred | ||||||
| 18 | in connection with
their service as members. Compensation, for | ||||||
| 19 | purposes of this Section, means
any salary or other benefits | ||||||
| 20 | not expressly authorized by this Act to be
provided or paid to, | ||||||
| 21 | for or on behalf of members of the board. The board
of each | ||||||
| 22 | community college district may adopt a policy providing for the
| ||||||
| 23 | issuance of bank credit cards, for use by any board member who | ||||||
| 24 | requests the
same in writing and agrees to use the card only | ||||||
| 25 | for the reasonable expenses
which he or she incurs in | ||||||
| 26 | connection with his or her service as a board
member. Expenses | ||||||
| |||||||
| |||||||
| 1 | charged to such credit cards shall be accounted for
separately | ||||||
| 2 | and shall be submitted to the chief financial officer of the
| ||||||
| 3 | district for review prior to being reported to the board at its | ||||||
| 4 | next
regular meeting.
| ||||||
| 5 | (f) The Except in an election of the initial board for a | ||||||
| 6 | new community
college
district created pursuant to Section | ||||||
| 7 | 6-6.1, the ballot for the election of
members of the board for | ||||||
| 8 | a community college district shall indicate the
length of term | ||||||
| 9 | for each office to be filled. In the election of a board
for | ||||||
| 10 | any community college district, the ballot shall not contain | ||||||
| 11 | any
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 | ||||||
| 15 | No. 522. A board of trustees of a community college district | ||||||
| 16 | which is
contiguous
or has been contiguous to an experimental | ||||||
| 17 | community college district as
authorized and defined by Article | ||||||
| 18 | IV of this Act may, on its own motion, or
shall, upon the | ||||||
| 19 | petition of the lesser of 1/10 or 2,000 of the voters
| ||||||
| 20 | registered in the district, order submitted to the voters of | ||||||
| 21 | the district at
the next general election the proposition for | ||||||
| 22 | the election of board members by
trustee district rather than | ||||||
| 23 | at large, and such proposition shall thereupon be
certified by | ||||||
| 24 | the secretary of the board to the proper election authority in
| ||||||
| 25 | accordance with the general election law for submission.
| ||||||
| |||||||
| |||||||
| 1 | If the proposition is approved by a majority of those | ||||||
| 2 | voting on the
proposition, the State Board of Elections, in | ||||||
| 3 | 1991, shall reapportion the
trustee districts to reflect the | ||||||
| 4 | results of the last decennial census, and
shall divide the | ||||||
| 5 | community college district into 7 trustee districts, each of
| ||||||
| 6 | which shall be compact, contiguous and substantially equal in | ||||||
| 7 | population to
each other district. In 2001, and in the year | ||||||
| 8 | following
each decennial census
thereafter, the board of | ||||||
| 9 | trustees of community college District #522 shall
reapportion | ||||||
| 10 | the trustee districts to reflect the results of the census, and
| ||||||
| 11 | shall divide the community college district into 7 trustee | ||||||
| 12 | districts, each of
which shall be compact, contiguous, and | ||||||
| 13 | substantially equal in population to
each other district. The | ||||||
| 14 | division of the community college district into
trustee | ||||||
| 15 | districts shall be completed and formally approved by a | ||||||
| 16 | majority of the members of the board of trustees of community
| ||||||
| 17 | college
District #522 in 2001 and in the year following each
| ||||||
| 18 | decennial
census. At the same meeting of the board of
trustees, | ||||||
| 19 | the board shall, publicly by lot, divide the trustee
districts | ||||||
| 20 | as equally as possible into 2 groups. Beginning in 2003 and | ||||||
| 21 | every
10 years thereafter, trustees or their
successors from | ||||||
| 22 | one group shall be elected for successive terms of 4 years
and | ||||||
| 23 | 6 years; and members or their successors from the second group | ||||||
| 24 | shall be
elected for successive terms of 6 years and 4 years. | ||||||
| 25 | One member shall be
elected from each such trustee district.
| ||||||
| 26 | Each member elected in 2001 shall be elected at the 2001 | ||||||
| |||||||
| |||||||
| 1 | consolidated
election from the trustee districts established | ||||||
| 2 | in 1991. The term of each
member elected in 2001 shall
end on
| ||||||
| 3 | the date that the trustees elected
in 2003 are officially | ||||||
| 4 | determined by a canvass conducted
pursuant to the Election | ||||||
| 5 | Code. | ||||||
| 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 | ||||||
| 9 | by law,
the board of a community college district (1) whose | ||||||
| 10 | boundaries are entirely
within a county with a population in | ||||||
| 11 | excess of 2 million persons and (2)
which was organized as a | ||||||
| 12 | public junior college prior to October 1, 1973,
and (3) whose | ||||||
| 13 | existence was validated by an Act filed with the Secretary of
| ||||||
| 14 | State on May 31, 1937, may levy an additional tax upon the | ||||||
| 15 | taxable property
of the district in any year in which the State | ||||||
| 16 | Board issues a certificate
of eligibility to do so. The | ||||||
| 17 | additional tax may be used to increase the
total taxing | ||||||
| 18 | authority of the district to the rate of 23.54 cents per $100 | ||||||
| 19 | of
equalized assessed value for educational and operations, | ||||||
| 20 | building and
maintenance purposes.
| ||||||
| 21 | In order to be eligible to levy the additional tax as | ||||||
| 22 | provided herein,
the district shall have been eligible to | ||||||
| 23 | receive equalization grants
pursuant to Section 2-16.02 102-16 | ||||||
| 24 | for each of the five fiscal years in
the period 1984 to 1988.
| ||||||
| 25 | The additional amount certified by the State Board to be | ||||||
| |||||||
| |||||||
| 1 | levied shall not
exceed the combined increases in the | ||||||
| 2 | educational and operations, building
and maintenance purposes | ||||||
| 3 | funds authorized in Section 3-14. The State Board
shall notify | ||||||
| 4 | the board of trustees of the community college district of its
| ||||||
| 5 | eligibility to levy additional taxes as authorized in this | ||||||
| 6 | Section and the
amount of such levy, by November 1, 1988.
| ||||||
| 7 | A resolution, adopted pursuant to the provisions of the | ||||||
| 8 | Open Meetings
Act, which expresses the district's intent to | ||||||
| 9 | levy such a tax, or a portion
thereof, when accompanied by the | ||||||
| 10 | State Board certificate of eligibility,
shall be the authority | ||||||
| 11 | for the county clerk or clerks to extend such a tax.
The | ||||||
| 12 | district board shall cause a copy of the resolution to be | ||||||
| 13 | published
in one or more newspapers published in the district | ||||||
| 14 | within 10 days after
such levy is made. If no newspaper is | ||||||
| 15 | published in the district, the
resolution shall be published in | ||||||
| 16 | a newspaper having general circulation within
the district. The | ||||||
| 17 | publication of the resolution shall include a notice of
(1) the | ||||||
| 18 | specific number of voters required to sign a petition | ||||||
| 19 | requesting
that the question of the adoption of the tax levy be | ||||||
| 20 | submitted to the
voters of the district; (2) the time within | ||||||
| 21 | which the petition must be filed;
and (3) the date of the | ||||||
| 22 | prospective referendum. The district secretary
shall provide a | ||||||
| 23 | petition form to any individual requesting one.
| ||||||
| 24 | If within 30 days of the adoption of such additional levy, | ||||||
| 25 | a petition is
filed with the secretary of the board of | ||||||
| 26 | trustees, signed by not less than
10% of the voters of the | ||||||
| |||||||
| |||||||
| 1 | district, requesting that the proposition to levy
such | ||||||
| 2 | additional taxes as authorized by this Section be submitted to | ||||||
| 3 | the
voters of the district, then the district shall not be | ||||||
| 4 | authorized to levy
such additional taxes as permitted by this | ||||||
| 5 | Section until the proposition
has been submitted to and | ||||||
| 6 | approved by a majority of the voters voting on
the proposition | ||||||
| 7 | at a regularly scheduled election in the manner provided in
the | ||||||
| 8 | general election law. The secretary shall certify the | ||||||
| 9 | proposition to
the proper election authority for submission to | ||||||
| 10 | the voters. If no such
petition with the requisite number of | ||||||
| 11 | signatures and which is otherwise
valid is filed within such 30 | ||||||
| 12 | day period, then the district shall thereafter be
authorized to | ||||||
| 13 | levy such additional taxes as provided and for the purposes
| ||||||
| 14 | expressed 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 | ||||||
| 18 | by law,
the board of a community college district may levy an | ||||||
| 19 | additional tax upon
the taxable property of the district in any | ||||||
| 20 | year in which the State Board
issues a certificate of | ||||||
| 21 | eligibility to do so. The additional tax may be
used to | ||||||
| 22 | increase the total taxing authority of the district to the most
| ||||||
| 23 | recently reported statewide average actual levy rate in cents | ||||||
| 24 | per $100 of
equalized assessed value for educational and | ||||||
| 25 | operations and maintenance
purposes as certified by the State | ||||||
| |||||||
| |||||||
| 1 | Board.
| ||||||
| 2 | In order to be eligible to levy the additional tax as | ||||||
| 3 | provided herein,
the district shall have been eligible to | ||||||
| 4 | receive equalization grants
pursuant to Section 2-16 or | ||||||
| 5 | 2-16.02, as the case may be, in the year of
eligibility | ||||||
| 6 | certification or in
the previous fiscal year.
| ||||||
| 7 | The additional amount certified by the State Board to be | ||||||
| 8 | levied shall not
exceed the combined increases in the | ||||||
| 9 | educational and operations and
maintenance purposes funds | ||||||
| 10 | authorized in Section 3-14. The State Board shall notify
the | ||||||
| 11 | board of trustees of the community college district of its | ||||||
| 12 | eligibility
to levy additional taxes as authorized in this | ||||||
| 13 | Section and the amount of
such levy, by November 1 of each | ||||||
| 14 | year.
| ||||||
| 15 | A resolution, adopted annually pursuant to the provisions | ||||||
| 16 | of the Open
Meetings Act, which expresses the district's intent | ||||||
| 17 | to levy such a tax, or
a portion thereof, when accompanied by | ||||||
| 18 | the State Board certificate of
eligibility, shall be the | ||||||
| 19 | authority for the county clerk or clerks to
extend such a tax. | ||||||
| 20 | Within 10 days after adoption of such resolution,
the district | ||||||
| 21 | shall cause to be published the resolution in at least one or
| ||||||
| 22 | more newspapers published in the district. The publication of | ||||||
| 23 | the
resolution shall include a notice of (1) the specific | ||||||
| 24 | number of voters
required to sign a petition requesting that | ||||||
| 25 | the proposition of the adoption
of the resolution be submitted | ||||||
| 26 | to the voters of the district; (2) the time
in which the | ||||||
| |||||||
| |||||||
| 1 | petition must be filed; and (3) the date of the prospective
| ||||||
| 2 | referendum. The secretary shall provide a petition form to any | ||||||
| 3 | individual
requesting one.
| ||||||
| 4 | If within 30 days of the annual adoption of such additional | ||||||
| 5 | levy, a
petition is filed with the secretary of the board of | ||||||
| 6 | trustees, signed by
not less than 10% of the registered voters | ||||||
| 7 | of the district, requesting that
the proposition to levy such | ||||||
| 8 | additional taxes as authorized by this Section
be submitted to | ||||||
| 9 | the voters of the district, then the district shall not be
| ||||||
| 10 | authorized to levy such additional taxes as permitted by this | ||||||
| 11 | Section until
the proposition has been submitted to and | ||||||
| 12 | approved by a majority of the
voters voting on the proposition | ||||||
| 13 | at a regularly scheduled election in the
manner provided in the | ||||||
| 14 | general election law. The secretary shall certify
the | ||||||
| 15 | proposition to the proper election authority for submission to | ||||||
| 16 | the
voters. If no such petition with the requisite number of | ||||||
| 17 | signatures and
which is otherwise valid is filed within such 30 | ||||||
| 18 | day period, then the
district shall be authorized to levy such | ||||||
| 19 | additional taxes as provided for
the purposes expressed in this | ||||||
| 20 | Section.
| ||||||
| 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 | ||||||
| 24 | shall within or before the
first quarter of each fiscal year, | ||||||
| 25 | adopt an annual budget which it deems
necessary to defray all | ||||||
| |||||||
| |||||||
| 1 | necessary expenses and liabilities of the district,
and in such | ||||||
| 2 | annual budget shall specify the objects and purposes of each
| ||||||
| 3 | item and amount needed for each object or purpose. The board of | ||||||
| 4 | each community college district shall file a written or | ||||||
| 5 | electronic copy of the annual budget with the State Board.
| ||||||
| 6 | The budget shall contain a statement of the cash on hand at | ||||||
| 7 | the
beginning of the fiscal year, an estimate of the cash | ||||||
| 8 | expected to be
received during such fiscal year from all | ||||||
| 9 | sources, an estimate of the
expenditures contemplated for such | ||||||
| 10 | fiscal year, and a statement of the
estimated cash expected to | ||||||
| 11 | be on hand at the end of such year. The estimate
of taxes to be | ||||||
| 12 | received may be based upon the amount of actual cash
receipts | ||||||
| 13 | that may reasonably be expected by the district during such | ||||||
| 14 | fiscal
year, estimated from the experience of the district in | ||||||
| 15 | prior years and with
due regard for other circumstances that | ||||||
| 16 | may substantially affect such
receipts. Nothing in this Section | ||||||
| 17 | shall be construed as requiring any
district to change or | ||||||
| 18 | preventing any district from changing from a cash
basis of | ||||||
| 19 | financing to a surplus or deficit basis of financing; or as
| ||||||
| 20 | requiring any district to change or preventing any district | ||||||
| 21 | from changing
its system of accounting.
| ||||||
| 22 | The board of each community college district shall fix a | ||||||
| 23 | fiscal year. If
the beginning of the fiscal year of a district | ||||||
| 24 | is subsequent to the time
that the tax levy for such fiscal | ||||||
| 25 | year shall be made, then such annual
budget shall be adopted | ||||||
| 26 | prior to the time such tax levy shall be made.
| ||||||
| |||||||
| |||||||
| 1 | Such budget shall be prepared in tentative form by some | ||||||
| 2 | person or
persons designated by the board, and in such | ||||||
| 3 | tentative form shall be made
conveniently available to public | ||||||
| 4 | inspection for at least 30 days prior to
final action thereon. | ||||||
| 5 | At least one public hearing shall be held as to such
budget | ||||||
| 6 | prior to final action thereon. Notice of availability for | ||||||
| 7 | public
inspection and of such public hearing shall be given by | ||||||
| 8 | publication in a
newspaper published in such district, at least | ||||||
| 9 | 30 days prior to the time of
such hearing. If there is no | ||||||
| 10 | newspaper published in such district, notice
of such public | ||||||
| 11 | hearing shall be given by publication in a newspaper having | ||||||
| 12 | general circulation within the district posting notices | ||||||
| 13 | thereof in 5 of
the most public places in such district. It | ||||||
| 14 | shall be the duty of the
secretary of the board to make the | ||||||
| 15 | tentative budget available to public
inspection, and to arrange | ||||||
| 16 | for such public hearing. The board may from time
to time make | ||||||
| 17 | transfers between the various items in any fund not exceeding
| ||||||
| 18 | in the aggregate 10% of the total of such fund as set forth in | ||||||
| 19 | the budget. The board may amend the annual budget from time to | ||||||
| 20 | time at a regular meeting of the board if public notice of any | ||||||
| 21 | amendment is provided pursuant to the Open Meetings Act.
The | ||||||
| 22 | board may from time to time amend such budget by the same | ||||||
| 23 | procedure 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)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3-22.1.
To cause an audit to be made as of the end of | ||||||
| 2 | each fiscal year
by an accountant licensed to practice public | ||||||
| 3 | accounting in Illinois and
appointed by the board. The auditor | ||||||
| 4 | shall perform his or her examination in
accordance with | ||||||
| 5 | generally accepted auditing standards and regulations
| ||||||
| 6 | prescribed by the State Board, and submit his or her report | ||||||
| 7 | thereon in
accordance
with generally accepted accounting | ||||||
| 8 | principles. The examination and report
shall include a | ||||||
| 9 | verification of student enrollments and any other bases
upon | ||||||
| 10 | which claims are filed with the State Board. The audit report | ||||||
| 11 | shall
include a statement of the scope and findings of the | ||||||
| 12 | audit and a
professional opinion signed by the auditor. If a | ||||||
| 13 | professional opinion is
denied by the auditor he or she shall | ||||||
| 14 | set forth the reasons for that
denial. The
board shall not | ||||||
| 15 | limit the scope of the examination to the extent that the
| ||||||
| 16 | effect of such limitation will result in the qualification of | ||||||
| 17 | the auditor's
professional opinion. The procedures for payment | ||||||
| 18 | for the expenses of the
audit shall be in accordance with | ||||||
| 19 | Section 9 of the Governmental Account
Audit Act.
Copies of the | ||||||
| 20 | audit report shall be
filed with the State Board in
accordance | ||||||
| 21 | with regulations prescribed by the State Board. The State Board
| ||||||
| 22 | shall file one copy of the audit report with the Auditor
| ||||||
| 23 | General.
| ||||||
| 24 | (Source: P.A. 99-655, eff. 7-28-16.)
| ||||||
| 25 | (110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 3-25.1.
To authorize application to the State Illinois | ||||||
| 2 | Community College
Board for the
approval of new units of | ||||||
| 3 | instruction, research or public service as defined
in this | ||||||
| 4 | Section and to establish such new units following approval
in
| ||||||
| 5 | accordance with the provisions of this Act and the Board of | ||||||
| 6 | Higher Education
Act.
| ||||||
| 7 | The term "new unit of instruction, research or public | ||||||
| 8 | service" includes
the establishment of a college, school, | ||||||
| 9 | division, institute, department
or other unit including majors | ||||||
| 10 | and curricula in any field of instruction,
research, or public | ||||||
| 11 | service not theretofore included in the program of the
| ||||||
| 12 | community college, and includes the establishment of any new | ||||||
| 13 | branch or campus
of the institution. The term shall not include | ||||||
| 14 | reasonable and moderate
extensions
of existing curricula, | ||||||
| 15 | research, or public service programs which have a
direct | ||||||
| 16 | relationship to existing programs; and the State Board may, | ||||||
| 17 | under
its rule making power define the character of reasonable | ||||||
| 18 | and 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 | ||||||
| 22 | is a member
of any reserve component of the United States Armed | ||||||
| 23 | Services,
including the Illinois National Guard, and who is | ||||||
| 24 | mobilized to active
military duty on or after August 1, 1990 as | ||||||
| 25 | a result of an order of the
President of the United States, | ||||||
| |||||||
| |||||||
| 1 | shall for each pay period beginning on or
after August 1, 1990 | ||||||
| 2 | continue to receive the same regular compensation
that he | ||||||
| 3 | receives or was receiving as an employee of the community | ||||||
| 4 | college
board at the time he is or was so mobilized to active | ||||||
| 5 | military duty, plus
any health insurance and other benefits he | ||||||
| 6 | is or was receiving or accruing
at that time, minus the amount | ||||||
| 7 | of his base pay for military service, for
the duration of his | ||||||
| 8 | active military service. If the employee's active military duty | ||||||
| 9 | commences on or after the effective date of this amendatory Act | ||||||
| 10 | of the 100th General Assembly, the military duty shall not | ||||||
| 11 | result in the loss or diminishment of any employment benefit, | ||||||
| 12 | service credit, or status accrued at the time the duty | ||||||
| 13 | commenced.
| ||||||
| 14 | In the event any provision of a collective bargaining | ||||||
| 15 | agreement or any
community college board or district policy | ||||||
| 16 | covering any employee so ordered
to active duty is more | ||||||
| 17 | generous than the provisions contained in this
Section the | ||||||
| 18 | collective bargaining agreement or community college board or
| ||||||
| 19 | district 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 , | ||||||
| 23 | employees, and student teachers
of boards against civil rights | ||||||
| 24 | damage claims and suits, constitutional
rights damage claims | ||||||
| 25 | and suits, death, bodily injury and property damage claims and
| ||||||
| |||||||
| |||||||
| 1 | suits, including defense thereof, when damages are sought for | ||||||
| 2 | alleged
negligent or wrongful acts while such board member or , | ||||||
| 3 | employee or student
teacher is engaged in the exercise or | ||||||
| 4 | performance of any powers or duties
of the board, or is acting | ||||||
| 5 | within the scope of employment or under the
direction of the | ||||||
| 6 | community college board.
| ||||||
| 7 | To insure against any loss or liability of the district or | ||||||
| 8 | board
members and , employees, and student teachers of boards | ||||||
| 9 | against civil rights
damage claims and suits, constitutional | ||||||
| 10 | rights damage claims and suits and
death, bodily injury and | ||||||
| 11 | property damage claims and suits, including defense thereof,
| ||||||
| 12 | when damages are sought for alleged negligent or wrongful acts | ||||||
| 13 | while such
board member or , employee, or student teacher is | ||||||
| 14 | engaged in the exercise
or performance of any powers or duties | ||||||
| 15 | of the board, or is acting within the scope of
employment or | ||||||
| 16 | under the direction of the board. Such insurance shall be
| ||||||
| 17 | carried in a company licensed to write such coverage in this | ||||||
| 18 | State.
| ||||||
| 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 | ||||||
| 22 | person, organization,
association, educational institution, or | ||||||
| 23 | governmental agency for
providing or securing educational
| ||||||
| 24 | services for academic credit. The authority of any community | ||||||
| 25 | college district to exercise the powers granted under this | ||||||
| |||||||
| |||||||
| 1 | Section is subject to the prior review and approval of the | ||||||
| 2 | State Board under subsection (i) of Section 2—12 of this Act.
| ||||||
| 3 | Any initial contract with a public university or a private
| ||||||
| 4 | degree-granting college or university entered into on or after | ||||||
| 5 | July 1, 1985 but before July 1, 2016
shall have prior approval | ||||||
| 6 | of the State Board and the Illinois Board of
Higher Education. | ||||||
| 7 | Any initial contract with a public university or a private
| ||||||
| 8 | degree-granting college or university entered into on or after | ||||||
| 9 | July 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 | ||||||
| 13 | non-law enforcement officer members of the community college | ||||||
| 14 | district police department or department of public safety. | ||||||
| 15 | (b) Members of the community college district police | ||||||
| 16 | department or department of public safety who are law | ||||||
| 17 | enforcement officers, as defined in the Illinois Police | ||||||
| 18 | Training Act, shall be peace officers under the laws of this | ||||||
| 19 | State. As such, law enforcement officer members of these | ||||||
| 20 | departments shall have all of the powers of police officers in | ||||||
| 21 | cities and sheriffs in counties, including the power to make | ||||||
| 22 | arrests on view or on warrants for violations of State statutes | ||||||
| 23 | and to enforce county or city ordinances in all counties that | ||||||
| 24 | lie within the community college district, when such is | ||||||
| 25 | required for the protection of community college personnel, | ||||||
| |||||||
| |||||||
| 1 | students, property, or interests. Such officers shall have no | ||||||
| 2 | power to serve and execute civil process. | ||||||
| 3 | As peace officers in this State, all laws pertaining to | ||||||
| 4 | hiring, training, retention, service authority, and discipline | ||||||
| 5 | of police officers, under State law, shall apply. Law | ||||||
| 6 | enforcement officer members must complete the minimum basic | ||||||
| 7 | training requirements of a police training school under the | ||||||
| 8 | Illinois Police Training Act. Law enforcement officer members | ||||||
| 9 | who
have successfully completed an Illinois Law Enforcement | ||||||
| 10 | Training and Standards Board certified firearms course shall be | ||||||
| 11 | equipped with appropriate firearms and auxiliary weapons. | ||||||
| 12 | (c) Non-law enforcement officer members of the community | ||||||
| 13 | college police, public safety, or security departments whose | ||||||
| 14 | job requirements include performing patrol and security type | ||||||
| 15 | functions shall, within 6 months after their initial hiring | ||||||
| 16 | date or the effective date of this amendatory Act of the 96th | ||||||
| 17 | General Assembly, whichever is later, be required to | ||||||
| 18 | successfully complete the 20-hour basic security training | ||||||
| 19 | course
required by (i) the Department of Financial and | ||||||
| 20 | Professional Regulation, Division of Professional Regulation | ||||||
| 21 | for Security Officers, (ii) by the International Association of | ||||||
| 22 | College Law Enforcement Administrators, or (iii) campus | ||||||
| 23 | protection officer training program or a similar course
| ||||||
| 24 | certified and approved by the Illinois Law Enforcement Training | ||||||
| 25 | and Standards Board. They shall also be permitted to become | ||||||
| 26 | members of an Illinois State Training Board Mobile Training | ||||||
| |||||||
| |||||||
| 1 | Unit and shall complete 8 hours in continuing training, related | ||||||
| 2 | to their specific position of employment, each year. The board | ||||||
| 3 | may establish reasonable eligibility requirements for | ||||||
| 4 | appointment and retention of non-law enforcement officer | ||||||
| 5 | members. | ||||||
| 6 | All non-law enforcement officer members authorized to | ||||||
| 7 | carry weapons, other than firearms, shall receive training on | ||||||
| 8 | the 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 | ||||||
| 13 | community college board member shall be interested, directly
or | ||||||
| 14 | indirectly, in his own name or in the name of any other person, | ||||||
| 15 | association,
trust or corporation, in any contract, work, or | ||||||
| 16 | business of the district
or in the sale of any article, | ||||||
| 17 | whenever the expense, price, or consideration
of the contract, | ||||||
| 18 | work, business, or sale is paid either from the treasury
or by | ||||||
| 19 | any assessment levied by any statute or ordinance. A community | ||||||
| 20 | college board member shall not be deemed interested if the | ||||||
| 21 | board member is an employee of a business that is involved in | ||||||
| 22 | the transaction of business with the district and has no | ||||||
| 23 | financial interests other than as an employee. Except as | ||||||
| 24 | otherwise provided in this Section, no No community college
| ||||||
| 25 | board member shall be interested, directly or indirectly, in | ||||||
| |||||||
| |||||||
| 1 | the purchase
of any property which (1) belongs to the district, | ||||||
| 2 | or (2) is sold for taxes
or assessments, or (3) is sold by | ||||||
| 3 | virtue of legal process at the suit of the district.
| ||||||
| 4 | (b) A However, any board member may provide materials, | ||||||
| 5 | merchandise, 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 | ||||||
| |||||||
| |||||||
| 1 | exceed $25,000.
| ||||||
| 2 | (c) In addition to the exemptions under subsection (b) of | ||||||
| 3 | this Section, a above exemption, any board member may provide | ||||||
| 4 | materials,
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 | ||||||
| 22 | services by a district
with a public utility company is not | ||||||
| 23 | barred by this Section by one or more
members of the board | ||||||
| 24 | being an officer or employee
of the public utility company or | ||||||
| 25 | holding an ownership interest of no more
than 7 1/2% in the | ||||||
| 26 | public utility company. A An elected or appointed member
of the | ||||||
| |||||||
| |||||||
| 1 | board having such an interest shall be deemed not to have a | ||||||
| 2 | prohibited
interest under this Section.
| ||||||
| 3 | (e) This Section does not prohibit a student member of the | ||||||
| 4 | board from
maintaining official status as an enrolled student, | ||||||
| 5 | from maintaining
normal student employment at the college or | ||||||
| 6 | from receiving scholarships or
grants when the eligibility for | ||||||
| 7 | the scholarships or grants is not
determined by the board.
| ||||||
| 8 | (f) Nothing contained in this Section
shall preclude a | ||||||
| 9 | contract of
deposit of monies, loans or other financial | ||||||
| 10 | services by a
district with a local bank or local savings and | ||||||
| 11 | loan association,
regardless of whether a member or members of | ||||||
| 12 | the community college board
are interested in such bank or | ||||||
| 13 | savings and loan
association as a director, as an officer or | ||||||
| 14 | employee or as a holder of less than 7 1/2%
of the total | ||||||
| 15 | ownership interest. A member or members holding such an
| ||||||
| 16 | interest in such a contract shall not be deemed to be holding a
| ||||||
| 17 | prohibited interest for purposes of this Act. Such interested | ||||||
| 18 | member or
members of the community college board must publicly | ||||||
| 19 | state the nature and extent
of their interest during | ||||||
| 20 | deliberations concerning the proposed award of
such a contract, | ||||||
| 21 | but shall not participate in any further deliberations
| ||||||
| 22 | concerning the proposed award. Such interested member or | ||||||
| 23 | members shall
not vote on such a proposed award. Any member or | ||||||
| 24 | members abstaining
from participation in deliberations and | ||||||
| 25 | voting under this Section may be
considered present for | ||||||
| 26 | purposes of establishing a quorum. Award of such
a contract | ||||||
| |||||||
| |||||||
| 1 | shall require approval by a majority vote of those members
| ||||||
| 2 | presently holding office. Consideration and award of any such | ||||||
| 3 | contract
in which a member or members are interested may only | ||||||
| 4 | be made at a
regularly scheduled public meeting of the | ||||||
| 5 | community college board.
| ||||||
| 6 | (g) Any board member who violates this Section is guilty of | ||||||
| 7 | a Class 4 felony
and in addition thereto any office held by | ||||||
| 8 | such person so convicted shall
become vacant and shall be so | ||||||
| 9 | declared 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 | ||||||
| 15 | study that leads students to an industry certification, | ||||||
| 16 | diploma, degree, or combination of these in skills and | ||||||
| 17 | competencies needed by manufacturers. | ||||||
| 18 | "Industry certification" means an industry-recognized | ||||||
| 19 | credential that is (i) industry created, (ii) nationally | ||||||
| 20 | portable, (iii) third-party-validated by either the | ||||||
| 21 | International Organization for Standardization or the American | ||||||
| 22 | National Standards Institute and is data-based and supported. | ||||||
| 23 | "Institution" means a public high school or community | ||||||
| 24 | college, including a community college in a community college | ||||||
| 25 | district to which Article 7 of this Act applies,
that offers | ||||||
| |||||||
| |||||||
| 1 | instruction in advanced manufacturing technology for credit | ||||||
| 2 | towards a degree. | ||||||
| 3 | "Private-public partnership board" means a formal group of | ||||||
| 4 | volunteers within a community college district that may be | ||||||
| 5 | comprised of some, but not necessarily all, of the following: | ||||||
| 6 | local and regional manufacturers, applicable labor unions, | ||||||
| 7 | community college officials, school district superintendents, | ||||||
| 8 | high school principals, workforce investment boards, or other | ||||||
| 9 | individuals willing to participate. | ||||||
| 10 | (b) The creation of a private-public partnership board is | ||||||
| 11 | encouraged and may be authorized at each community college. A | ||||||
| 12 | board, if created, shall meet no less than 5 of the following | ||||||
| 13 | criteria: | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| 14 | participate in the program
authorized in Section 5-1 of this | ||||||
| 15 | Act shall make a written application to
the State Board on | ||||||
| 16 | forms provided by such Board. The State Board may
require the | ||||||
| 17 | following 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 | ||||||
| |||||||
| |||||||
| 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
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| 8 | participate in the program
for new academic facilities or any | ||||||
| 9 | facilities built or bought under
contract entered into after | ||||||
| 10 | July 7, 1964, shall file an application with
the State Board | ||||||
| 11 | prior to such dates as are designated by the State Board.
The | ||||||
| 12 | State Board in providing priorities if such are needed because | ||||||
| 13 | of
limited funds shall be regulated by objective criteria which | ||||||
| 14 | shall be such
as will tend best to achieve the objectives of | ||||||
| 15 | this Article, while leaving
opportunity and flexibility for the | ||||||
| 16 | development of standards and methods
that will best accommodate | ||||||
| 17 | the varied needs of the community colleges in
the State. Basic | ||||||
| 18 | criteria shall give special consideration to the expansion
of | ||||||
| 19 | enrollment capacity and shall include consideration of the | ||||||
| 20 | degree to
which the applicant districts effectively utilize | ||||||
| 21 | existing facilities and
which allow the Board, for priority | ||||||
| 22 | purposes, to provide for the grouping
in a reasonable manner, | ||||||
| 23 | the application for facilities according to
functional or | ||||||
| 24 | educational type.
| ||||||
| 25 | (Source: P.A. 78-669.)
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| 3 | its 25%
contribution for building purposes, contribute real | ||||||
| 4 | property situated within
the geographical boundaries of such | ||||||
| 5 | community college district at market value
as determined at the | ||||||
| 6 | time the contribution is made to the Capital Development
Board | ||||||
| 7 | in accordance with the program and budget, the plan as approved | ||||||
| 8 | by
the State Board by 3 licensed appraisers appointed by the | ||||||
| 9 | State Board,
except that where a community college district has | ||||||
| 10 | acquired
such lands without cost or for a consideration | ||||||
| 11 | substantially less
than the market value thereof at the time of | ||||||
| 12 | acquisition, the amount
of the community college district's | ||||||
| 13 | contribution for the land shall
be limited (a) to the | ||||||
| 14 | difference, if any, between the appraised market
value at the | ||||||
| 15 | time of acquisition and the appraised market value
at the time | ||||||
| 16 | the contribution is made to the Capital Development
Board, if | ||||||
| 17 | the grantor is the Federal government, (except that no property
| ||||||
| 18 | acquired prior to December 18, 1975 shall
be affected by the | ||||||
| 19 | provisions of this section), or any department,
agency, board | ||||||
| 20 | or commission thereof or (b) to the actual amount, if
any, of | ||||||
| 21 | the consideration paid for the land if the grantor is the
State | ||||||
| 22 | of Illinois or any department, agency, board or commission | ||||||
| 23 | thereof.
| ||||||
| 24 | In the event the highest appraisal exceeds the average of | ||||||
| 25 | the
other two appraisals by more than 10%, such appraisal shall | ||||||
| |||||||
| |||||||
| 1 | not be
considered in determining the market value of the land | ||||||
| 2 | and a new
appraiser shall be appointed by the State Board, who | ||||||
| 3 | shall re-appraise
the land. The re-appraisal shall then become | ||||||
| 4 | the third appraisal as
required by this section. The cost of | ||||||
| 5 | the appraisement shall be
paid by the community college | ||||||
| 6 | district.
| ||||||
| 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 | ||||||
| 10 | property. As part of Prior to
entering into an agreement with | ||||||
| 11 | the
Capital Development Board, the community college board | ||||||
| 12 | shall transfer to
the Capital Development Board funds or | ||||||
| 13 | designate for building
purposes any real property
it may own, | ||||||
| 14 | either improved or unimproved, situated within the | ||||||
| 15 | geographical
boundaries of such community college district, or | ||||||
| 16 | both, in an amount equal
to at least 25% of the total amount | ||||||
| 17 | necessary to finance the project,
except that no real property | ||||||
| 18 | may be so designated, unless prior
to its acquisition by the | ||||||
| 19 | community college district after December 18,
1975 the Capital | ||||||
| 20 | Development Board has had an
opportunity to evaluate the land | ||||||
| 21 | and issue a report concerning its
suitability for construction | ||||||
| 22 | purposes. Of the total funds transferred from the community | ||||||
| 23 | college board to the Capital Development Board, an amount equal | ||||||
| 24 | to 40% of each of the fees under an architect or engineer | ||||||
| 25 | contract, including any reimbursable items under the contract | ||||||
| |||||||
| |||||||
| 1 | to cover contractual obligations through the design | ||||||
| 2 | development phase of the project, shall be transferred prior to | ||||||
| 3 | the signing of the contract. Prior to approval to proceed | ||||||
| 4 | beyond the design development stage or to advertising the first | ||||||
| 5 | bid package of a phased-bid project, whichever comes first, the | ||||||
| 6 | community college board shall transfer funds to the Capital | ||||||
| 7 | Development Board in an amount equal to the balance of the | ||||||
| 8 | local share of the total project cost. For the purposes of this | ||||||
| 9 | Section,
the proceeds derived from the sale of bonds as | ||||||
| 10 | provided in this Act, any
lands designated as all or part of | ||||||
| 11 | the 25% contribution by the community
college district or any | ||||||
| 12 | other money available to the community college for
building | ||||||
| 13 | purposes 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) | ||||||
| 18 | the implementation of an
energy audit, data collection, and | ||||||
| 19 | other related analyses preliminary to
the undertaking of energy | ||||||
| 20 | conservation measures; (ii) the evaluation and
recommendation | ||||||
| 21 | of
energy conservation measures; (iii) the implementation of | ||||||
| 22 | one or more
energy conservation measures; and (iv) the | ||||||
| 23 | implementation of project
monitoring and data collection to | ||||||
| 24 | verify post-installation energy
consumption and energy-related | ||||||
| 25 | operating costs. The contract shall provide
that all payments, | ||||||
| |||||||
| |||||||
| 1 | except
obligations on termination of the contract before its | ||||||
| 2 | expiration, are to be
made over time and that the savings are | ||||||
| 3 | guaranteed to the extent necessary
to pay the costs of
the | ||||||
| 4 | energy conservation measures. Energy savings may include | ||||||
| 5 | energy reduction and offsetting sources of renewable energy | ||||||
| 6 | funds, 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" | ||||||
| 10 | means a
competitive selection achieved by negotiated | ||||||
| 11 | procurement. The request for proposals shall be submitted to | ||||||
| 12 | the administrators of the Capital Development Board announced
| ||||||
| 13 | in the Illinois Procurement Bulletin for publication and | ||||||
| 14 | through at least one public notice, at least 14 days before the | ||||||
| 15 | request
date in a newspaper published in the district, or if no | ||||||
| 16 | newspaper is
published in the district, in a newspaper of | ||||||
| 17 | general circulation in the
area of the district, by a community | ||||||
| 18 | college district that will administer the
program, requesting | ||||||
| 19 | innovative solutions and proposals for energy
conservation | ||||||
| 20 | measures. Proposals submitted shall be sealed. The request
for | ||||||
| 21 | proposals 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.
| ||||||
| |||||||
| |||||||
| 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. | ||||||
| 14 | Sealed
proposals must be opened by a member or employee of the | ||||||
| 15 | community college board
at a
public opening at which the | ||||||
| 16 | contents of the proposals must be announced.
Each person or | ||||||
| 17 | entity submitting a sealed proposal must receive at least 10
| ||||||
| 18 | days notice of the time and place of the opening.
The community | ||||||
| 19 | college
district shall select the qualified provider that best | ||||||
| 20 | meets the needs of
the district. The community college district | ||||||
| 21 | shall provide public notice of
the
meeting at which it proposes | ||||||
| 22 | to award a guaranteed energy savings contract
of the names of | ||||||
| 23 | the parties to the proposed contract and of the purpose of
the | ||||||
| 24 | contract. The public notice shall be made at least 10 days | ||||||
| 25 | prior to
the meeting. After evaluating the proposals under | ||||||
| |||||||
| |||||||
| 1 | Section 5A-30, a community
college
district may enter into a | ||||||
| 2 | guaranteed energy savings contract with a
qualified provider if | ||||||
| 3 | it finds that the amount it would spend on the
energy
| ||||||
| 4 | conservation measures recommended in the proposal would not | ||||||
| 5 | exceed the
amount to be saved in either energy or operational | ||||||
| 6 | costs, or both, within a
20-year period from the date of | ||||||
| 7 | installation, if the recommendations in
the proposal are | ||||||
| 8 | followed. Contracts let or awarded shall be submitted to the | ||||||
| 9 | administrators of the Capital Development Board Procurement | ||||||
| 10 | Bulletin for publication published in the next available | ||||||
| 11 | subsequent 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 | ||||||
| 15 | agreement. A community college district or
2 or more such | ||||||
| 16 | districts in combination may enter into an
installment payment | ||||||
| 17 | contract or lease purchase agreement with a qualified
provider | ||||||
| 18 | or with a third-party lender, as authorized by law, for the the | ||||||
| 19 | funding or financing of the purchase and installation of energy | ||||||
| 20 | conservation measures by a qualified provider.
Every community | ||||||
| 21 | college district may issue certificates evidencing the
| ||||||
| 22 | indebtedness
incurred pursuant to the contracts or agreements. | ||||||
| 23 | Any such contract or
agreement shall be valid
whether or not an | ||||||
| 24 | appropriation with respect
thereto is first included in any | ||||||
| 25 | annual or additional or supplemental budget
adopted by
the | ||||||
| |||||||
| |||||||
| 1 | community college district. Each contract or agreement entered
| ||||||
| 2 | into by a community college district pursuant to this Section | ||||||
| 3 | shall be
authorized by official action
resolution of the | ||||||
| 4 | community college board. The authority granted under this | ||||||
| 5 | Section 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 | ||||||
| 9 | student otherwise
qualified to attend a public community | ||||||
| 10 | college and residing outside a
community college district but | ||||||
| 11 | within this State who notifies the board of education of his
| ||||||
| 12 | district may, subject to Section 3-17, attend any recognized | ||||||
| 13 | public
community college in the State at the tuition rate of a | ||||||
| 14 | student residing in the district. Subject to appropriation, | ||||||
| 15 | which he chooses, and the State Board board of education
of | ||||||
| 16 | that district shall pay the difference between the in-district | ||||||
| 17 | and out-of-district tuition amounts to the community college | ||||||
| 18 | district his tuition, as defined herein, for any
semester, | ||||||
| 19 | quarter or term of that academic year and the following summer
| ||||||
| 20 | term from the educational fund or the proceeds of a levy made | ||||||
| 21 | under Section
6-1. In addition, any graduate of a recognized | ||||||
| 22 | high school or student
otherwise qualified to attend a public | ||||||
| 23 | community college and residing in a
new community college | ||||||
| 24 | district formed pursuant to Section 6-6.1 who
notifies the | ||||||
| 25 | board of education of his district may, subject to the
| ||||||
| |||||||
| |||||||
| 1 | provisions of Section 3-17, attend any recognized public | ||||||
| 2 | community college
in the State, and the board of education of | ||||||
| 3 | that district shall pay his
tuition until January 1, 1991. If a | ||||||
| 4 | resident is not eligible for tuition
for a summer term because | ||||||
| 5 | he did not notify his board of education by the
previous | ||||||
| 6 | September 15, he may become eligible for that tuition for a | ||||||
| 7 | summer
term by giving notice to the board of education by May | ||||||
| 8 | 15 preceding his
enrollment for the summer term. Such tuition | ||||||
| 9 | may not exceed the per capita
cost of the community college | ||||||
| 10 | attended for the previous year, or in the
case of the first | ||||||
| 11 | year of operation the estimated per capita cost, less
certain | ||||||
| 12 | deductions to be computed in the manner set forth below. The
| ||||||
| 13 | community college per capita cost shall be computed, in a | ||||||
| 14 | manner consistent
with any accounting system prescribed by the | ||||||
| 15 | State Board, by adding all of
the non-capital expenditures, | ||||||
| 16 | including interest, to the depreciation on
capital outlay | ||||||
| 17 | expenditures paid from sources other than State and Federal
| ||||||
| 18 | funds and then dividing by the number of full-time equivalent | ||||||
| 19 | students for
the fiscal year as defined in this Section. The | ||||||
| 20 | community college tuition
to be charged to the district of the | ||||||
| 21 | student's residence shall be computed,
in a manner consistent | ||||||
| 22 | with any accounting system prescribed by the State
Board, by | ||||||
| 23 | adding all of the non-capital expenditures for the previous | ||||||
| 24 | year,
including interest, to the depreciation on capital outlay | ||||||
| 25 | expenditures paid
from sources other than State and Federal | ||||||
| 26 | funds less any payments toward
non-capital expenditures | ||||||
| |||||||
| |||||||
| 1 | received from State and Federal sources for the
previous year | ||||||
| 2 | except grants through the State Board, as authorized in
Section | ||||||
| 3 | 2-16 or 2-16.02, as the case may be, and then dividing by the
| ||||||
| 4 | number of full-time equivalent
students for that fiscal year as | ||||||
| 5 | defined in this Section; this average per
student computation | ||||||
| 6 | shall be converted to a semester hour or quarter hour
base and | ||||||
| 7 | further reduced by the combined rate of State grants other than
| ||||||
| 8 | equalization grants for the current year as provided for in | ||||||
| 9 | Section 2-16.02
and any rate of tuition and fees assessed all | ||||||
| 10 | students for the current year
as authorized in Section 6-4.
| ||||||
| 11 | Any person who has notified the board of education of his | ||||||
| 12 | or her district
as provided above and who is a resident of that | ||||||
| 13 | district at the time of
such notification shall have his or her | ||||||
| 14 | tuition paid by that district
for that academic year and the | ||||||
| 15 | following summer term so long as he or
she resides in Illinois | ||||||
| 16 | outside a community college district. If he or
she becomes a | ||||||
| 17 | resident of a community college district, he or she shall be
| ||||||
| 18 | classified as a resident of that district at the beginning of | ||||||
| 19 | any semester,
quarter or term following that change of | ||||||
| 20 | residence and the State Board shall no longer pay the | ||||||
| 21 | difference in tuition rates.
| ||||||
| 22 | If a resident of a community college district wishes to | ||||||
| 23 | attend the
community college maintained by the district of his | ||||||
| 24 | or her residence
but the program in which the student wishes to | ||||||
| 25 | enroll is not offered by that
community college, and the | ||||||
| 26 | community college maintained by the district
of his residence | ||||||
| |||||||
| |||||||
| 1 | does not have a contractual agreement under Section
3-40 of | ||||||
| 2 | this Act for such program, the student may attend any | ||||||
| 3 | recognized
public community college in some other district, | ||||||
| 4 | subject to the
provisions of Section 3-17, and have his or her | ||||||
| 5 | tuition, as defined
herein, paid by the community college | ||||||
| 6 | district of his or her residence
while enrolled in a program at | ||||||
| 7 | that college which is not offered by his or
her home community | ||||||
| 8 | college if he or she makes application to his or her
home board | ||||||
| 9 | at least 30 days prior to the beginning of any semester, | ||||||
| 10 | quarter
or term in accordance with rules, regulations and | ||||||
| 11 | procedures established
and published by his or her home board. | ||||||
| 12 | The payment of tuition by his or
her district of residence may | ||||||
| 13 | not exceed the per capita cost of the
community college | ||||||
| 14 | attended for the previous year, or in the case of the
first | ||||||
| 15 | year of operation the estimated per capita cost, less certain
| ||||||
| 16 | deductions, to be computed by adding all of the non-capital | ||||||
| 17 | expenditures for the previous year, including interest, to the | ||||||
| 18 | depreciation on the capital outlay expenditures paid from | ||||||
| 19 | sources other than State and federal funds, less any payments | ||||||
| 20 | toward non-capital expenditures received from State and | ||||||
| 21 | federal sources for the previous year (except for grants | ||||||
| 22 | through the State Board under Section 2-16.02 of this Act), and | ||||||
| 23 | dividing that amount by the number of full-time equivalent | ||||||
| 24 | students for that fiscal year as defined under this Section. | ||||||
| 25 | This average per student computation shall be converted to a | ||||||
| 26 | semester hour base and further reduced by the combined rate of | ||||||
| |||||||
| |||||||
| 1 | State grants, other than equalization grants for the current | ||||||
| 2 | year as provided under Section 2-16.02 of this Act, and any | ||||||
| 3 | rate of tuition and fees assessed for all students for the | ||||||
| 4 | current year as authorized under Section 6-4 of this Act. in | ||||||
| 5 | the manner set forth above for the community
college tuition to | ||||||
| 6 | be charged to the district of the student's residence.
| ||||||
| 7 | Payment shall be made hereunder to the community college | ||||||
| 8 | district of
attendance immediately upon receipt, by the | ||||||
| 9 | district liable for the
payment, of a statement from that | ||||||
| 10 | community college district of the
amount due it. Before sending | ||||||
| 11 | such a statement requesting payment,
however, the community | ||||||
| 12 | college district of attendance shall make all
calculations and | ||||||
| 13 | deductions required under this Section so that the
amount | ||||||
| 14 | requested for payment is the exact amount required under this
| ||||||
| 15 | Section to be paid by the district liable for payment.
| ||||||
| 16 | If the moneys in the educational fund or the proceeds from | ||||||
| 17 | a levy
made under Section 6-1 of a district liable for payments | ||||||
| 18 | under this
Section are insufficient to meet such payments, the | ||||||
| 19 | district liable for
such payments may issue tax anticipation | ||||||
| 20 | warrants as provided in Section
3-20.10.
| ||||||
| 21 | A full-time equivalent student for a semester, quarter or | ||||||
| 22 | term is
defined as a student doing 15 semester hours of work | ||||||
| 23 | per semester or 15
quarter hours of work per quarter or the | ||||||
| 24 | equivalent thereof, and the
number of full-time equivalent | ||||||
| 25 | students enrolled per term shall be
determined by dividing by | ||||||
| 26 | 15 the total number of semester hours or
quarter hours of work | ||||||
| |||||||
| |||||||
| 1 | for which State Board grants are received, or the
equivalent | ||||||
| 2 | thereof, carried by all students of the college through the
| ||||||
| 3 | mid-term of each semester, quarter or term. The number of | ||||||
| 4 | full-time
equivalent students for a fiscal year shall be | ||||||
| 5 | computed by adding the total
number of semester hours or | ||||||
| 6 | quarter hours of work or the equivalent thereof
carried by all | ||||||
| 7 | students of the college through the mid-term of each
semester, | ||||||
| 8 | quarter or term during that fiscal year and dividing that sum | ||||||
| 9 | by
30 semester hours or 45 quarter hours or the equivalent | ||||||
| 10 | thereof depending
upon the credit hour system utilized by the | ||||||
| 11 | college. Tuition of students
carrying more or less than 15 | ||||||
| 12 | semester hours of work per semester or 15
quarter hours of work | ||||||
| 13 | per quarter or the equivalent thereof shall be
computed in the | ||||||
| 14 | proportion which the number of hours so carried bears to 15
| ||||||
| 15 | semester hours or 15 quarter hours or the equivalent thereof.
| ||||||
| 16 | If the United States Government, the State of Illinois, or | ||||||
| 17 | any agency
pays tuition for any community college student, | ||||||
| 18 | neither the district of
residence of the student nor the | ||||||
| 19 | student may be required to pay that
tuition or such part | ||||||
| 20 | thereof as is otherwise paid. No part of the
State's financial | ||||||
| 21 | responsibility provided for in Section 2-16
may be transferred | ||||||
| 22 | to 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 | ||||||
| |||||||
| |||||||
| 1 | admission to a public
community college under Section 3-17 but | ||||||
| 2 | does not qualify for financial
support under Section 6-2, he | ||||||
| 3 | may be enrolled in the college upon payment
of the difference | ||||||
| 4 | between the per capita cost as defined in Section 6-2
less any | ||||||
| 5 | payments toward noncapital expenditures received from State | ||||||
| 6 | and
federal sources for the previous year except grants through | ||||||
| 7 | the State Board
as authorized in Section 2-16 or 2-16.02, as | ||||||
| 8 | the case may be, converted
to a semester hour or quarter hour
| ||||||
| 9 | base, and the combined rate of State grants other than | ||||||
| 10 | equalization grants
for the current year as authorized in | ||||||
| 11 | Section 2-16.02,
notwithstanding tuition
limits of Section | ||||||
| 12 | 6-4. Subject to Section 3-17, a public community college
may | ||||||
| 13 | accept out-of-state students upon payment of the per capita | ||||||
| 14 | cost as
defined in Section 6-2. Notwithstanding the provisions | ||||||
| 15 | of this Section, the
out-of-district or out-of-state tuition, | ||||||
| 16 | whichever is applicable, may be
waived for a student who is | ||||||
| 17 | employed for at least 35 hours per week by
an entity located
in | ||||||
| 18 | the district or is enrolled in a course that is being provided
| ||||||
| 19 | under terms of a contract for services between the employing | ||||||
| 20 | entity 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 | ||||||
| 24 | any other provision of law or administrative rule to the | ||||||
| 25 | contrary, for tuition purposes, a student shall be classified | ||||||
| |||||||
| |||||||
| 1 | as a resident of a community college district after | ||||||
| 2 | establishing 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 | ||||||
| 5 | Board is the calendar
year, and thereafter the fiscal year | ||||||
| 6 | shall commence on the first day of
July and end on the last day | ||||||
| 7 | of June of each succeeding year. To effect
this transition the | ||||||
| 8 | Board shall adopt a resolution establishing the first
fiscal | ||||||
| 9 | year for the period commencing on January 1, 1972, and ending | ||||||
| 10 | on
June 30, 1973. All reports of the chief administrative | ||||||
| 11 | officer, the budget
and all appropriations shall be prepared | ||||||
| 12 | for such period.
| ||||||
| 13 | The board and its officers shall have all necessary powers | ||||||
| 14 | to effectuate
such change in the fiscal year, but the | ||||||
| 15 | proceedings had pursuant to this
Section shall not alter the | ||||||
| 16 | procedures 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, | ||||||
| 20 | of all current
assets and liabilities of each fund of the board | ||||||
| 21 | as of the beginning of the
fiscal year, and the amounts of | ||||||
| 22 | those assets estimated to be available for
appropriation in | ||||||
| 23 | that year, either for expenditures or charges to be made
or | ||||||
| 24 | incurred during that year or for liabilities unpaid at the | ||||||
| |||||||
| |||||||
| 1 | beginning
thereof. Estimates of taxes to be received from the | ||||||
| 2 | levies of prior years
shall be net, after deducting amounts | ||||||
| 3 | estimated to be sufficient to cover
the loss and cost of | ||||||
| 4 | collecting those taxes and also deferred collections
thereof | ||||||
| 5 | and abatements in the amount of those taxes extended or to be
| ||||||
| 6 | extended upon the collectors' books.
| ||||||
| 7 | Estimates of the liabilities of the respective funds shall | ||||||
| 8 | include:
| ||||||
| 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 | ||||||
| 22 | taxes to be
levied for that year and of all current revenues to | ||||||
| 23 | be derived from sources
other than taxes, including State and | ||||||
| 24 | Federal contributions, rents, fees,
perquisites, and all other | ||||||
| 25 | types of revenue, which will be applicable to
expenditures or | ||||||
| 26 | charges to be made or incurred during that year.
| ||||||
| |||||||
| |||||||
| 1 | No estimate of taxes to be levied during the fiscal year | ||||||
| 2 | for
educational purposes
and operations and maintenance of | ||||||
| 3 | facilities purposes may exceed a sum
equivalent to the product | ||||||
| 4 | of the value of the taxable property in the
district, as | ||||||
| 5 | ascertained by the last assessment for State and county taxes
| ||||||
| 6 | previous to the passage of the budget, multiplied by the | ||||||
| 7 | maximum per cent
or rate of tax which the corporate authorities | ||||||
| 8 | of the city are authorized
by law to levy for the current | ||||||
| 9 | fiscal year for those purposes: Provided
that any estimate of | ||||||
| 10 | taxes to be levied for the year 1975 collectible in
1976 and | ||||||
| 11 | for the first half of the year 1976 collectible in 1977 for
| ||||||
| 12 | educational purposes and operations and maintenance of | ||||||
| 13 | facilities purposes
may be equal to a sum equivalent to the | ||||||
| 14 | product of the value of the taxable
property in the district, | ||||||
| 15 | as ascertained by the 1972 assessment for State
and county | ||||||
| 16 | taxes, multiplied by the maximum per cent or rate of tax which
| ||||||
| 17 | the corporate authorities of the city are authorized by law to | ||||||
| 18 | levy for the
current fiscal year for those purposes.
| ||||||
| 19 | All these estimates shall be so segregated and classified | ||||||
| 20 | as to funds
and in such other manner as to give effect to the | ||||||
| 21 | requirements of law
relating to the respective purposes to | ||||||
| 22 | which the assets and taxes and other
current revenues are | ||||||
| 23 | applicable, so that no expenditure will be authorized
or made | ||||||
| 24 | for any purpose in excess of the money lawfully available | ||||||
| 25 | therefor.
| ||||||
| 26 | The several estimates of assets, liabilities and | ||||||
| |||||||
| |||||||
| 1 | expenditure
requirements required or authorized to be made by | ||||||
| 2 | this Section and by
Section 7-10 shall be made on the basis of | ||||||
| 3 | information known to the board
at the time of the passage of | ||||||
| 4 | the annual budget and are not invalidated or
otherwise subject | ||||||
| 5 | to attack merely because after that time additional
information | ||||||
| 6 | is known to or could be discovered by the board that would
| ||||||
| 7 | require a different estimate or because the board might have | ||||||
| 8 | amended 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 | ||||||
| 12 | incur an
indebtedness and issue bonds for the purpose of
| ||||||
| 13 | erecting, purchasing or otherwise acquiring buildings suitable | ||||||
| 14 | for
community college use, transferring funds to the Capital | ||||||
| 15 | Development Board Illinois Building
Authority for community | ||||||
| 16 | college building purposes, erecting temporary
community | ||||||
| 17 | college structures, erecting additions to, repairing,
| ||||||
| 18 | rehabilitating and replacing existing community college | ||||||
| 19 | buildings and
temporary community college structures, | ||||||
| 20 | furnishing and equipping
community college buildings and | ||||||
| 21 | temporary community college structures,
and purchasing or | ||||||
| 22 | otherwise acquiring and improving sites for such
purposes.
| ||||||
| 23 | The bonds may not be issued until the proposition of | ||||||
| 24 | authorizing such
bonds has been certified to the proper | ||||||
| 25 | election officials, who shall have
submitted it to the electors | ||||||
| |||||||
| |||||||
| 1 | of the city at a regular scheduled
election in accordance with | ||||||
| 2 | the general election law, and approved by a
majority of the | ||||||
| 3 | electors voting upon that question.
| ||||||
| 4 | The board shall adopt a resolution providing for certifying | ||||||
| 5 | that
proposition for such an election. In addition to the
| ||||||
| 6 | requirements of the general election law the notice
of the | ||||||
| 7 | referendum must contain the amount of the bond issue,
maximum | ||||||
| 8 | rate of interest and purpose for which issued. This notice | ||||||
| 9 | shall
be published in accordance with the general election law.
| ||||||
| 10 | The proposition shall be in substantially the following | ||||||
| 11 | form:
| ||||||
| 12 | -------------------------------------------------------------
| ||||||
| 13 | Shall bonds in the amount of
| ||||||
| 14 | $............ be issued by the
| ||||||
| 15 | Board of community College District YES
| ||||||
| 16 | No....., County of.... and State of
| ||||||
| 17 | Illinois for the purpose of (Here
| ||||||
| 18 | print the purpose of the public -----------------------
| ||||||
| 19 | measure) bearing interest at the
| ||||||
| 20 | rate of not to exceed the maximum
| ||||||
| 21 | rate authorized by the Bond NO
| ||||||
| 22 | Authorization Act, as amended at the
| ||||||
| 23 | time of the making of the contract?
| ||||||
| 24 | -------------------------------------------------------------
| ||||||
| 25 | Whenever the board desires to issue bonds as herein | ||||||
| 26 | authorized, it
shall adopt a resolution designating the purpose | ||||||
| |||||||
| |||||||
| 1 | for which the proceeds
of the bonds are to be expended and | ||||||
| 2 | fixing the amount of the bonds
proposed to be issued, the | ||||||
| 3 | maturity thereof, and optional provisions, if
any, the rate of | ||||||
| 4 | interest thereon, and the amount of taxes to be levied
annually | ||||||
| 5 | for the purpose of paying the interest upon and the principal
| ||||||
| 6 | of such bonds.
| ||||||
| 7 | The bonds shall bear interest at the rate of not more than
| ||||||
| 8 | the maximum rate authorized by the Bond Authorization Act, as | ||||||
| 9 | amended at the
time of the making of the contract, and shall | ||||||
| 10 | mature within not to exceed
20 years from their date,
and may | ||||||
| 11 | be made callable on any interest payment date at par and | ||||||
| 12 | accrued
interest, after notice has been given, at the time and | ||||||
| 13 | in the manner
provided in the bond resolution.
| ||||||
| 14 | The bonds shall be issued in the corporate name of the | ||||||
| 15 | community
college district, and they shall be signed by the | ||||||
| 16 | chairman and secretary
of the community college board. The | ||||||
| 17 | bonds shall also be registered,
numbered and countersigned by | ||||||
| 18 | the treasurer who receives the taxes of
the district. The | ||||||
| 19 | registration shall be in a book in which shall be
entered the | ||||||
| 20 | record of the election authorizing the board to borrow money
| ||||||
| 21 | and a description of the bonds issued, including the number, | ||||||
| 22 | date, to
whom issued, amount, rate of interest and when due.
| ||||||
| 23 | The bonds shall be sold by the board upon such terms as are | ||||||
| 24 | approved
by the board after advertisement for bids, and the | ||||||
| 25 | proceeds thereof
shall be received by the community college | ||||||
| 26 | treasurer, and expended by
the board for the purposes provided | ||||||
| |||||||
| |||||||
| 1 | in the bond resolution.
| ||||||
| 2 | The community college treasurer shall, before receiving | ||||||
| 3 | any of such
money, execute a surety bond conditioned upon the | ||||||
| 4 | faithful discharge of
his duties with a surety company | ||||||
| 5 | authorized to do business in this
State, which surety bond | ||||||
| 6 | shall be approved by the community college
board and filed as | ||||||
| 7 | otherwise required under this Act for the treasurer's
bond. The | ||||||
| 8 | penalty of the surety bond shall be in the amount of such bond
| ||||||
| 9 | issue. The surety bond shall be in substantially the same form | ||||||
| 10 | as the
bond otherwise required under this Act for the treasurer | ||||||
| 11 | and when so
given shall fully describe the bond issue which it | ||||||
| 12 | specifically covers
and shall remain in force until the funds | ||||||
| 13 | of the bond issue are fully
disbursed in accordance with the | ||||||
| 14 | law.
| ||||||
| 15 | Before or at the time of issuing any bonds herein | ||||||
| 16 | authorized, the board
shall by resolution provide for the levy | ||||||
| 17 | and collection
of a direct
annual tax upon all the taxable | ||||||
| 18 | property of such community college
district sufficient to pay | ||||||
| 19 | and discharge the principal thereof at
maturity and to pay the | ||||||
| 20 | interest thereon as it falls due. Such tax shall
be levied and | ||||||
| 21 | collected in like manner with the other taxes of the
community | ||||||
| 22 | college district and shall be in addition to and exclusive of
| ||||||
| 23 | the maximum of all other taxes which the board is authorized by | ||||||
| 24 | law to levy for community college purposes.
Upon the filing in | ||||||
| 25 | the office of the county clerk of the county wherein
such | ||||||
| 26 | community college district is located of a certified copy of | ||||||
| |||||||
| |||||||
| 1 | any
such ordinance, the county clerk shall extend the tax | ||||||
| 2 | therein provided
for, including an amount to cover loss and | ||||||
| 3 | cost of collecting such taxes
and also deferred collections | ||||||
| 4 | thereof and abatements in the amounts of
such taxes as extended | ||||||
| 5 | upon the collector's books. The ordinance shall
be in force | ||||||
| 6 | upon its passage.
| ||||||
| 7 | With respect to instruments for the payment of money issued | ||||||
| 8 | under this
Section either before, on, or after the effective | ||||||
| 9 | date of this amendatory
Act of 1989, it is and always has been | ||||||
| 10 | the intention of the General
Assembly (i) that the Omnibus Bond | ||||||
| 11 | Acts are and always have been supplementary
grants of
power to | ||||||
| 12 | issue instruments in accordance with the Omnibus Bond Acts,
| ||||||
| 13 | regardless of any provision of this Act that may appear to be | ||||||
| 14 | or to have
been more restrictive than those Acts, (ii)
that the | ||||||
| 15 | provisions of this Section are not a limitation on the
| ||||||
| 16 | supplementary authority granted by the Omnibus Bond
Acts,
and | ||||||
| 17 | (iii) that instruments issued under this
Section within the | ||||||
| 18 | supplementary authority granted by the Omnibus Bond Acts
are | ||||||
| 19 | not invalid
because of any provision of this Act that may | ||||||
| 20 | appear 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 | ||||||
| 24 | aggregate. The
board
may incur an indebtedness and issue bonds | ||||||
| 25 | therefor in an amount or amounts
not to exceed in the aggregate | ||||||
| |||||||
| |||||||
| 1 | $15,000,000 for the purpose of erecting,
purchasing, or | ||||||
| 2 | otherwise acquiring buildings suitable for community college
| ||||||
| 3 | use, transferring funds to the Capital Development Board | ||||||
| 4 | Illinois Building Authority for community
college building | ||||||
| 5 | purposes, erecting temporary community college structures,
| ||||||
| 6 | erecting additions to, repairing, rehabilitating, and | ||||||
| 7 | replacing existing
community college buildings and temporary | ||||||
| 8 | community college structures,
furnishing and equipping | ||||||
| 9 | community college buildings and temporary
community college | ||||||
| 10 | structures, and purchasing or otherwise acquiring and
| ||||||
| 11 | improving sites for such purposes. The bonds may be issued | ||||||
| 12 | without
submitting the question of issuance thereof to the | ||||||
| 13 | voters of the community
college district for approval.
| ||||||
| 14 | Whenever the board desires to issue bonds as herein | ||||||
| 15 | authorized, it shall
adopt a resolution designating the purpose | ||||||
| 16 | for which the proceeds of the
bonds are to be expended and | ||||||
| 17 | fixing the amount of the bonds proposed to be
issued, the | ||||||
| 18 | schedule of the maturities thereof; and optional provisions, if
| ||||||
| 19 | any, and the maximum rate of interest thereon and directing the | ||||||
| 20 | sale upon
such terms as are determined by the board.
| ||||||
| 21 | The secretary of the board shall cause such sale to be | ||||||
| 22 | advertised by
publication of a notice of sale once, as a legal | ||||||
| 23 | notice in a newspaper
having general circulation in the | ||||||
| 24 | district, and once in a financial journal
published in the City | ||||||
| 25 | of New York, New York, or Chicago, Illinois. Such
notice of | ||||||
| 26 | sale shall be published not less than 7 nor more than 21 days
| ||||||
| |||||||
| |||||||
| 1 | prior to the date set for the sale of the bonds being | ||||||
| 2 | advertised. The
notice of sale shall state that sealed bids | ||||||
| 3 | will be received by the board
for its bonds and shall include: | ||||||
| 4 | the amount, date, maturity or maturities
of such bonds; the | ||||||
| 5 | date, time and place of receipt of bids; the maximum
| ||||||
| 6 | permissible interest rate; the basis upon which the bonds will | ||||||
| 7 | be awarded;
call provisions, if any; and such other information | ||||||
| 8 | as the board may deem
pertinent.
| ||||||
| 9 | After the bonds have been awarded to the successful bidder, | ||||||
| 10 | the board
shall adopt a resolution confirming the sale of said | ||||||
| 11 | bonds to the
successful bidder, setting forth the terms of | ||||||
| 12 | sale, designating the place
of payment for the principal and | ||||||
| 13 | interest, prescribing the form of bond and
determining the | ||||||
| 14 | amount of taxes to be levied annually for each of the years
in | ||||||
| 15 | which said bonds are outstanding for the purpose of paying the | ||||||
| 16 | interest
on and the principal of such bonds.
| ||||||
| 17 | The bonds shall be issued in the corporate name of the | ||||||
| 18 | community college
district, and they shall be signed by the | ||||||
| 19 | chairman and secretary of the
community college board. The | ||||||
| 20 | bonds shall bear interest at a rate of not
more than
the | ||||||
| 21 | maximum rate authorized by the Bond Authorization Act, as | ||||||
| 22 | amended at the
time of the making of the contract, and shall | ||||||
| 23 | mature within 20 years from the date of
issuance, and may be | ||||||
| 24 | made callable on any interest payment date at par and
accrued | ||||||
| 25 | interest, after notice has been given, at the time and in the
| ||||||
| 26 | manner provided in the bond resolution. The proceeds of sale of | ||||||
| |||||||
| |||||||
| 1 | said bonds
shall be received by the community college | ||||||
| 2 | treasurer, and expended by the
board for the purpose provided | ||||||
| 3 | in the bond resolution.
| ||||||
| 4 | The community college treasurer shall, before receiving | ||||||
| 5 | any of such
money, execute a surety bond with a surety company | ||||||
| 6 | authorized to do
business in this State conditioned upon the | ||||||
| 7 | faithful discharge of his
duties. That surety bond must pass | ||||||
| 8 | approval by the community college board
and, upon such | ||||||
| 9 | approval, shall be filed as otherwise required under this
Act | ||||||
| 10 | for the treasurer's bond. The penalty of the surety bond shall | ||||||
| 11 | be in
the amount of such bond issue. The surety bond shall be | ||||||
| 12 | in substantially
the same form as the bond otherwise required | ||||||
| 13 | under this Act for the
treasurer and when so given shall fully | ||||||
| 14 | describe the bond issue which it
specifically covers and shall | ||||||
| 15 | remain in force until the funds of the bond
issue are fully | ||||||
| 16 | disbursed in accordance with the law.
| ||||||
| 17 | Before or at the time of issuing any bonds herein | ||||||
| 18 | authorized, the city
council, upon the demand and under the | ||||||
| 19 | direction of the board shall, by
ordinance, provide for the | ||||||
| 20 | levy and collection of a direct annual tax upon
all the taxable | ||||||
| 21 | property within the community college district sufficient
to | ||||||
| 22 | pay and discharge the principal thereof at maturity and to pay | ||||||
| 23 | the
interest thereon as it falls due. Such tax shall be levied | ||||||
| 24 | and collected in
like manner with the other taxes of the | ||||||
| 25 | community college district and
shall be in addition to and | ||||||
| 26 | exclusive of the maximum of all other taxes
which the board is
| ||||||
| |||||||
| |||||||
| 1 | authorized by law to
levy for community college purposes. Upon | ||||||
| 2 | the filing in the office of the
county clerk of each county | ||||||
| 3 | wherein such community college district is
located of a | ||||||
| 4 | certified copy of any such ordinance, the county clerk shall
| ||||||
| 5 | extend the tax therein provided for, including an amount to | ||||||
| 6 | cover loss and
cost of collecting such taxes and also deferred | ||||||
| 7 | collections thereof and
abatements in the amounts of such taxes | ||||||
| 8 | as extended upon the collector's
books.
| ||||||
| 9 | With respect to instruments for the payment of money issued | ||||||
| 10 | under this
Section either before, on, or after the effective | ||||||
| 11 | date of this amendatory
Act of 1989, it is and always has been | ||||||
| 12 | the intention of the General
Assembly (i) that the Omnibus Bond | ||||||
| 13 | Acts are and always have been
supplementary grants of power to | ||||||
| 14 | issue instruments in accordance with the
Omnibus Bond Acts, | ||||||
| 15 | regardless of any provision of this Act that may appear
to be | ||||||
| 16 | or to have been more restrictive than those Acts, (ii) that the
| ||||||
| 17 | provisions of this Section are not a limitation on the | ||||||
| 18 | supplementary
authority granted by the Omnibus Bond Acts, and | ||||||
| 19 | (iii) that instruments
issued under this Section within the | ||||||
| 20 | supplementary authority granted
by the Omnibus Bond Acts are | ||||||
| 21 | not invalid because of any provision of
this Act that may | ||||||
| 22 | appear 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.)
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| 17 | repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b, | ||||||
| 18 | 3-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1, | ||||||
| 19 | 5-8, 6-1, and 6-6.1.".
| ||||||