Public Act 098-0046
 
SB1688 EnrolledLRB098 09765 NHT 39916 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Community College Act is amended by
changing Section 2-16.02 as follows:
 
    (110 ILCS 805/2-16.02)  (from Ch. 122, par. 102-16.02)
    Sec. 2-16.02. Grants. Any community college district that
maintains a community college recognized by the State Board
shall receive, when eligible, grants enumerated in this
Section. Funded semester credit hours or other measures or both
as specified by the State Board shall be used to distribute
grants to community colleges. Funded semester credit hours
shall be defined, for purposes of this Section, as the greater
of (1) the number of semester credit hours, or equivalent, in
all funded instructional categories of students who have been
certified as being in attendance at midterm during the
respective terms of the base fiscal year or (2) the average of
semester credit hours, or equivalent, in all funded
instructional categories of students who have been certified as
being in attendance at midterm during the respective terms of
the base fiscal year and the 2 prior fiscal years. For purposes
of this Section, "base fiscal year" means the fiscal year 2
years prior to the fiscal year for which the grants are
appropriated. Such students shall have been residents of
Illinois and shall have been enrolled in courses that are part
of instructional program categories approved by the State Board
and that are applicable toward an associate degree or
certificate. Courses that are eligible for reimbursement are
those courses for which the district pays 50% or more of the
program costs from unrestricted revenue sources, with the
exception of courses offered by contract with the Department of
Corrections in correctional institutions. For the purposes of
this Section, "unrestricted revenue sources" means those
revenues in which the provider of the revenue imposes no
financial limitations upon the district as it relates to the
expenditure of the funds. Except for Fiscal Year 2012, base
operating grants shall be paid based on rates per funded
semester credit hour or equivalent calculated by the State
Board for funded instructional categories using cost of
instruction, enrollment, inflation, and other relevant
factors. For Fiscal Year 2012, the allocations for base
operating grants to community college districts shall be the
same as they were in Fiscal Year 2011, reduced or increased
proportionately according to the appropriation for base
operating grants for Fiscal Year 2012. A portion of the base
operating grant shall be allocated on the basis of
non-residential gross square footage of space maintained by the
district.
    Equalization grants shall be calculated by the State Board
by determining a local revenue factor for each district by: (A)
adding (1) each district's Corporate Personal Property
Replacement Fund allocations from the base fiscal year or the
average of the base fiscal year and prior year, whichever is
less, divided by the applicable statewide average tax rate to
(2) the district's most recently audited year's equalized
assessed valuation or the average of the most recently audited
year and prior year, whichever is less, (B) then dividing by
the district's audited full-time equivalent resident students
for the base fiscal year or the average for the base fiscal
year and the 2 prior fiscal years, whichever is greater, and
(C) then multiplying by the applicable statewide average tax
rate. The State Board shall calculate a statewide weighted
average threshold by applying the same methodology to the
totals of all districts' Corporate Personal Property Tax
Replacement Fund allocations, equalized assessed valuations,
and audited full-time equivalent district resident students
and multiplying by the applicable statewide average tax rate.
The difference between the statewide weighted average
threshold and the local revenue factor, multiplied by the
number of full-time equivalent resident students, shall
determine the amount of equalization funding that each district
is eligible to receive. A percentage factor, as determined by
the State Board, may be applied to the statewide threshold as a
method for allocating equalization funding. A minimum
equalization grant of an amount per district as determined by
the State Board shall be established for any community college
district which qualifies for an equalization grant based upon
the preceding criteria, but becomes ineligible for
equalization funding, or would have received a grant of less
than the minimum equalization grant, due to threshold
prorations applied to reduce equalization funding. As of July
1, 2004, a community college district must maintain a minimum
required combined in-district tuition and universal fee rate
per semester credit hour equal to 85% of the State-average
combined rate, as determined by the State Board, for
equalization funding. As of July 1, 2004, a community college
district must maintain a minimum required operating tax rate
equal to at least 95% of its maximum authorized tax rate to
qualify for equalization funding. This 95% minimum tax rate
requirement shall be based upon the maximum operating tax rate
as limited by the Property Tax Extension Limitation Law.
    The State Board shall distribute such other grants as may
be authorized or appropriated by the General Assembly.
    Each community college district entitled to State grants
under this Section must submit a report of its enrollment to
the State Board not later than 30 days following the end of
each semester, quarter, or term in a format prescribed by the
State Board. These semester credit hours, or equivalent, shall
be certified by each district on forms provided by the State
Board. Each district's certified semester credit hours, or
equivalent, are subject to audit pursuant to Section 3-22.1.
    The State Board shall certify, prepare, and submit monthly
vouchers to the State Comptroller setting forth an amount equal
to one-twelfth of the grants approved by the State Board for
base operating grants and equalization grants. The State Board
shall prepare and submit to the State Comptroller vouchers for
payments of other grants as appropriated by the General
Assembly. If the amount appropriated for grants is different
from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased
accordingly.
    For the purposes of this Section, "resident student" means
a student in a community college district who maintains
residency in that district or meets other residency definitions
established by the State Board, and who was enrolled either in
one of the approved instructional program categories in that
district, or in another community college district to which the
resident's district is paying tuition under Section 6-2 or with
which the resident's district has entered into a cooperative
agreement in lieu of such tuition.
    For the purposes of this Section, a "full-time equivalent"
student is equal to 30 semester credit hours.
    The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of income
to this fund shall include any grants, awards, endowments, or
like proceeds, and where appropriate, other funds made
available through contracts with governmental, public, and
private agencies or persons. The General Assembly shall from
time to time make appropriations payable from such fund for the
support, improvement, and expenses of the State Board and
Illinois community college districts.
(Source: P.A. 96-911, eff. 7-1-10; 97-72, eff. 7-1-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.