100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2905

 

Introduced 2/14/2018, by Sen. Pat McGuire

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Public Community College Act. Provides that the Illinois Community College Board may, in collaboration with community colleges, furnish information for State and federal accountability purposes, promote student and institutional improvement, and meet research needs. Provides that the Board may review and approve or disapprove (rather than participate in and recommend approval or disapproval of) any contract or agreement that community colleges enter into with any organization, association, educational institution, or government agency to provide educational services and may monitor the performance under any contract. Requires the board of trustees of each community college district to file a written or electronic copy of its annual budget with the Board. Provides that any graduate from a recognized high school or student otherwise qualified to attend a public community college and residing outside a community college district may attend any recognized public community college in this State at the tuition rate of a student residing in the district; requires the Board to pay the community college the difference between the in-district and out-of-district tuition amounts. Provides that, for tuition purposes, a student shall be classified as a resident of a community college district after establishing the 30-day residency requirement of the district. Repeals provisions governing indemnification, deferred maintenance grants, the College and Career Readiness Pilot Program, a directory of graduating vocational and technical school students, and other items. Makes other changes. Amends the State Finance Act to make a conforming change.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (30 ILCS 105/5.325 rep.)
5    Section 5. The State Finance Act is amended by repealing
6Section 5.325.
 
7    Section 10. The Public Community College Act is amended by
8changing Sections 1-2, 2-11, 2-12, 2-12.1, 2-15, 2-16.02, 2-24,
93-7, 3-7a, 3-14.2, 3-14.3, 3-20.1, 3-22.1, 3-25.1, 3-26.1,
103-29, 3-40, 3-42.1, 3-48, 3-53, 5-3, 5-4, 5-6, 5-7, 5A-15,
115A-25, 5A-35, 5A-45, 6-2, 6-4.1, 7-5, 7-9, 7-25, and 7-26 and
12by adding Section 6-4.2 as follows:
 
13    (110 ILCS 805/1-2)  (from Ch. 122, par. 101-2)
14    Sec. 1-2. The following terms have the meanings
15respectively prescribed for them except as the context
16otherwise requires:
17    (a) "Board of Higher Education": The Board of Higher
18Education created by "An Act creating a Board of Higher
19Education, defining its powers and duties, making an
20appropriation therefor, and repealing an Act herein named",
21approved August 22, 1961, as now or hereafter amended.
22    (b) "State Board": Illinois Community College Board

 

 

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1created by Article II of this Act.
2    (c) "Community Colleges": Public community colleges
3existing in community college districts organized under this
4Act, or public community colleges which prior to October 1,
51973, were organized as public junior colleges under this Act,
6or public community colleges existing in districts accepted as
7community college districts under this Act which districts have
8a population of not less than 30,000 inhabitants or consist of
9at least 3 counties or that portion of 3 counties not included
10in a community college district and an assessed valuation of
11not less than $75,000,000 and which districts levy a tax for
12community college purposes.
13    (d) "Community College Districts": Districts authorized to
14maintain community colleges under this Act, including
15community college districts which prior to October 1, 1973,
16were established under this Act as public junior college
17districts.
18    (e) "Comprehensive community college program": A program
19offered by a community college which includes (1) courses in
20liberal arts and sciences and general education; (2) adult
21education courses; and (3) courses in occupational,
22semi-technical or technical fields leading directly to
23employment. At least 15% of all courses taught must be in
24fields leading directly to employment, one-half of which
25courses to be in fields other than business education.
26    (f) "Common Schools": Schools in districts operating

 

 

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1grades 1 through 8, 1 through 12 or 9 through 12.
2    (g) "Board": The board of trustees of a community college
3district, whether elected or appointed.
4    (h) "The election for the establishment": An election to
5establish a community college district under Article III, or an
6election to establish a junior college district prior to July
715, 1965, which district has become a community college
8district under this Act.
9    (i) "Regional superintendent": The superintendent of an
10educational service region.
11    (j) "Employment Advisory Board": A board, appointed by the
12Board of Trustees of a Community College District, for the
13purpose of advising the Board of Trustees as to local
14employment conditions within the boundaries of the Community
15College District.
16    (k) "Operation and maintenance of facilities": The
17management of fixed equipment, plant and infrastructure.
18(Source: P.A. 97-539, eff. 8-23-11.)
 
19    (110 ILCS 805/2-11)  (from Ch. 122, par. 102-11)
20    Sec. 2-11. The State Board in cooperation with the
21four-year colleges is empowered to develop articulation
22procedures to the end that maximum freedom of transfer among
23and between community colleges and baccalaureate granting
24between community colleges and degree-granting institutions be
25available, and consistent with minimum admission policies

 

 

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1established by the Board of Higher Education.
2(Source: P.A. 78-669.)
 
3    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
4    Sec. 2-12. The State Board shall have the power and it
5shall be its duty:
6        (a) To provide statewide planning for community
7    colleges as institutions of higher education and to
8    coordinate co-ordinate the programs, services and
9    activities of all community colleges in the State so as to
10    encourage and establish a system of locally initiated and
11    administered comprehensive community colleges.
12        (b) To organize and conduct feasibility surveys for new
13    community colleges or for the inclusion of existing
14    institutions as community colleges and the locating of new
15    institutions.
16        (c) (Blank).
17        (c-5) In collaboration with the community colleges, to
18    furnish information for State and federal accountability
19    purposes, promote student and institutional improvement,
20    and meet research needs.
21        (d) To cooperate with the community colleges in
22    collecting and maintaining continuing studies of student
23    characteristics, enrollment and completion data, faculty
24    and staff characteristics, financial data, admission
25    standards, grading policies, performance of transfer

 

 

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1    students, qualification and certification of facilities,
2    and any other issues facing community colleges problem of
3    community college education.
4        (e) To enter into contracts with other governmental
5    agencies and eligible providers, such as local educational
6    agencies, community-based organizations of demonstrated
7    effectiveness, volunteer literacy organizations of
8    demonstrated effectiveness, institutions of higher
9    education, public and private nonprofit agencies,
10    libraries, and public housing authorities; to accept
11    federal funds and to plan with other State agencies when
12    appropriate for the allocation of such federal funds for
13    instructional programs and student services including such
14    funds for adult education and adult literacy, vocational
15    and career and technical education, and retraining as may
16    be allocated by state and federal agencies for the aid of
17    community colleges. To receive, receipt for, hold in trust,
18    expend and administer, for all purposes of this Act, funds
19    and other aid made available by the federal government or
20    by other agencies public or private, subject to
21    appropriation by the General Assembly. The changes to this
22    subdivision (e) made by this amendatory Act of the 91st
23    General Assembly apply on and after July 1, 2001.
24        (f) To determine efficient and adequate standards for
25    community colleges for the physical plant, heating,
26    lighting, ventilation, sanitation, safety, equipment and

 

 

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1    supplies, instruction and teaching, curriculum, library,
2    operation, maintenance, administration and supervision,
3    and to grant recognition certificates to community
4    colleges meeting such standards.
5        (g) To determine the standards for establishment of
6    community colleges and the proper location of the site in
7    relation to existing institutions of higher education
8    offering academic, occupational and technical training
9    curricula, possible enrollment, assessed valuation,
10    industrial, business, agricultural, and other conditions
11    reflecting educational needs in the area to be served;
12    however, no community college may be considered as being
13    recognized nor may the establishment of any community
14    college be authorized in any district which shall be deemed
15    inadequate for the maintenance, in accordance with the
16    desirable standards thus determined, of a community
17    college offering the basic subjects of general education
18    and suitable vocational and semiprofessional and technical
19    curricula.
20        (h) To approve or disapprove new units of instruction,
21    research or public service as defined in Section 3-25.1 of
22    this Act submitted by the boards of trustees of the
23    respective community college districts of this State. The
24    State Board may discontinue programs which fail to reflect
25    the educational needs of the area being served. The
26    community college district shall be granted 60 days

 

 

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1    following the State Board staff recommendation and prior to
2    the State Board's action to respond to concerns regarding
3    the program in question. If the State Board acts to abolish
4    a community college program, the community college
5    district has a right to appeal the decision in accordance
6    with administrative rules promulgated by the State Board
7    under the provisions of the Illinois Administrative
8    Procedure Act.
9        (i) To review and approve or disapprove any contract or
10    agreement that participate in, to recommend approval or
11    disapproval, and to assist in the coordination of the
12    programs of community colleges enter into with any
13    organization, association, educational institution, or
14    government agency to provide educational services
15    participating in programs of interinstitutional
16    cooperation with other public or nonpublic institutions of
17    higher education. The State Board is authorized to monitor
18    performance under any contract or agreement that is
19    approved by the State Board. If the State Board does not
20    approve a particular contract or cooperative agreement,
21    the community college district has a right to appeal the
22    decision in accordance with administrative rules
23    promulgated by the State Board under the provisions of the
24    Illinois Administrative Procedure Act.
25        (j) To establish guidelines regarding sabbatical
26    leaves.

 

 

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1        (k) To establish guidelines for the admission into
2    special, appropriate programs conducted or created by
3    community colleges for elementary and secondary school
4    dropouts who have received truant status from the school
5    districts of this State in compliance with Section 26-14 of
6    The School Code.
7        (l) (Blank). The Community College Board shall conduct
8    a study of community college teacher education courses to
9    determine how the community college system can increase its
10    participation in the preparation of elementary and
11    secondary teachers.
12        (m) (Blank).
13        (n) To create and participate in the conduct and
14    operation of any corporation, joint venture, partnership,
15    association, or other organizational entity that has the
16    power: (i) to acquire land, buildings, and other capital
17    equipment for the use and benefit of the community colleges
18    or their students; (ii) to accept gifts and make grants for
19    the use and benefit of the community colleges or their
20    students; (iii) to aid in the instruction and education of
21    students of community colleges; and (iv) to promote
22    activities to acquaint members of the community with the
23    facilities of the various community colleges.
24        (o) On and after July 1, 2001, to ensure the effective
25    teaching of adults and to prepare them for success in
26    employment and lifelong learning by administering a

 

 

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1    network of providers, programs, and services to provide
2    adult basic education, adult secondary and high school
3    equivalency testing education, English as a second
4    language, and any other instruction designed to prepare
5    adult students to function successfully in society and to
6    experience success in postsecondary education and
7    employment the world of work.
8        (p) On and after July 1, 2001, to supervise the
9    administration of adult education and adult literacy
10    programs, to establish the standards for such courses of
11    instruction and supervise the administration thereof, to
12    contract with other State and local agencies and eligible
13    providers of demonstrated effectiveness, such as local
14    educational agencies, community-based organizations of
15    demonstrated effectiveness, volunteer literacy
16    organizations of demonstrated effectiveness, institutions
17    of higher education, public and private nonprofit
18    agencies, libraries, and public housing authorities, and
19    non-profit institutions for the purpose of promoting and
20    establishing classes for instruction under these programs,
21    to contract with other State and local agencies to accept
22    and expend appropriations for educational purposes to
23    reimburse local eligible providers for the cost of these
24    programs, and to establish an advisory council consisting
25    of all categories of eligible providers; agency partners,
26    such as the State Board of Education, the Department of

 

 

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1    Human Services, the Department of Employment Security, the
2    Department of Commerce and Economic Opportunity, and the
3    Secretary of State literacy program; and other
4    stakeholders to identify, deliberate, and make
5    recommendations to the State Board on adult education
6    policy and priorities. The State Board shall support
7    statewide geographic distribution; diversity of eligible
8    providers; and the adequacy, stability, and predictability
9    of funding so as not to disrupt or diminish, but rather to
10    enhance, adult education and literacy services by this
11    change of administration.
12(Source: P.A. 98-718, eff. 1-1-15; 99-655, eff. 7-28-16.)
 
13    (110 ILCS 805/2-12.1)  (from Ch. 122, par. 102-12.1)
14    Sec. 2-12.1. Experimental district; abolition of
15experimental district and establishment of new community
16college district.
17    (a) The State Board shall establish an experimental
18community college district, referred to in this Act as the
19"experimental district", to be comprised of territory which
20includes the City of East St. Louis, Illinois. The State Board
21shall determine the area and fix the boundaries of the
22territory of the experimental district. Within 30 days of the
23establishment of the experimental district, the State Board
24shall file with the county clerk of the county, or counties,
25concerned a map showing the territory of the experimental

 

 

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1district.
2    Within the experimental district, the State Board shall
3establish, maintain and operate, until the experimental
4district is abolished and a new community college district is
5established under subsection (c), an experimental community
6college to be known as the State Community College of East St.
7Louis.
8    (b) (Blank).
9    (c) The experimental district established under subsection
10(a) of this Section is abolished on July 1, 1996 shall be
11abolished and replaced by a new community college district as
12follows:
13        (1) The establishment of the new community college
14    district shall become effective for all purposes on July 1,
15    1996, notwithstanding any minimum population, equalized
16    assessed valuation or other requirements provided by
17    Section 3-1 or any other provision of this Act for the
18    establishment of a community college district.
19        (2) The experimental district established pursuant to
20    subsection (a) shall be abolished on July 1, 1996 when the
21    establishment of the new community college district
22    becomes effective for all purposes.
23        (3) The territory of the new community college district
24    shall be comprised of the territory of, and its boundaries
25    shall be coterminous with the boundaries of the
26    experimental district which it will replace, as those

 

 

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1    boundaries existed on November 7, 1995.
2        (4) Notwithstanding the fact that the establishment of
3    the new community college district does not become
4    effective for all purposes until July 1, 1996, the election
5    for the members of the initial board of the new community
6    college district, to consist of 7 members, shall be held at
7    the nonpartisan election in November of 1995 in the manner
8    provided by the general election law, nominating petitions
9    for members of the initial board shall be filed with the
10    regional superintendent in the manner provided by Section
11    3-7.10 with respect to newly organized districts, and the
12    persons entitled to nominate and to vote at the election
13    for the members of the board of the new community college
14    district shall be the electors in the territory referred to
15    in paragraph (3) of this subsection. In addition, for
16    purposes of the levy, extension, and collection of taxes as
17    provided in paragraph (5.5) of this subsection and for the
18    purposes of establishing the territory and boundaries of
19    the new community college district within and for which
20    those taxes are to be levied, the new community college
21    district shall be deemed established and effective when the
22    7 members of the initial board of the new community college
23    district are elected and take office as provided in this
24    subsection (c).
25        (5) Each member elected to the initial board of the new
26    community college district must, on the date of his

 

 

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1    election, be a citizen of the United States, of the age of
2    18 years or over, and a resident of the State and the
3    territory referred to in paragraph (3) of this subsection
4    for at least one year preceding his election. Election to
5    the initial board of the new community college district of
6    a person who on July 1, 1996 is a member of a common school
7    board constitutes his resignation from, and creates a
8    vacancy on that common school board effective July 1, 1996.
9        (5.5) The members first elected to the board of
10    trustees shall take office on the first Monday of December,
11    1995, for the sole and limited purpose of levying, at the
12    rates specified in the proposition submitted to the
13    electors under subsection (b), taxes for the educational
14    purposes and for the operations and maintenance of
15    facilities purposes of the new community college district.
16    The taxes shall be levied in calendar year 1995 for
17    extension and collection in calendar year 1996,
18    notwithstanding the fact that the new community college
19    district does not become effective for the purposes of
20    administration of the community college until July 1, 1996.
21    The regional superintendent shall convene the meeting
22    under this paragraph and the members shall organize for the
23    purpose of that meeting by electing, pro tempore, a
24    chairperson and a secretary. At that meeting the board is
25    authorized to levy taxes for educational purposes and for
26    operations and maintenance of facilities purposes as

 

 

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1    authorized in this paragraph without adopting any budget
2    for the new community college district and shall certify
3    the levy to the appropriate county clerk or county clerks
4    in accordance with law. The county clerks shall extend the
5    levy notwithstanding any law that otherwise requires
6    adoption of a budget before extension of the levy. The
7    funds produced by the levy made under this paragraph to the
8    extent received by a county collector before July 1, 1996
9    shall immediately be invested in lawful investments and
10    held by the county collector for payment and transfer to
11    the new community college district, along with all accrued
12    interest or other earnings accrued on the investment, as
13    provided by law on July 1, 1996. All funds produced by the
14    levy and received by a county collector on or after July 1,
15    1996 shall be transferred to the new community college
16    district as provided by law at such time as they are
17    received by the county collector.
18        (5.75) Notwithstanding any other provision of this
19    Section or the fact that establishment of the new community
20    college district as provided in this subsection does not
21    take effect until July 1, 1996, the members first elected
22    to the board of trustees of the new community college
23    district are authorized to meet, beginning on June 1, 1996
24    and thereafter for purposes of: (i) arranging for and
25    approving educational programs, ancillary services,
26    staffing, and associated expenditures that relate to the

 

 

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1    offering by the new community college district of
2    educational programs beginning on or after July 1, 1996 and
3    before the fall term of the 1996-97 academic year, and (ii)
4    otherwise facilitating the orderly transition of
5    operations from the experimental district known as State
6    Community College of East St. Louis to the new community
7    college district established under this subsection. The
8    persons elected to serve, pro tempore, as chairperson and
9    secretary of the board for purposes of paragraph (5.5)
10    shall continue to serve in that capacity for purposes of
11    this paragraph (5.75).
12        (6) Except as otherwise provided in paragraphs (5.5)
13    and (5.75), each of the members first elected to the board
14    of the new community college district shall take office on
15    July 1, 1996, and the Illinois Community College Board,
16    publicly by lot and not later than July 1, 1996, shall
17    determine the length of term to be served by each member of
18    the initial board as follows: 2 shall serve until their
19    successors are elected at the nonpartisan election in 1997
20    and have qualified, 2 shall serve until their successors
21    are elected at the consolidated election in 1999 and have
22    qualified, and 3 shall serve until their successors are
23    elected at the consolidated election in 2001 and have
24    qualified. Their successors shall serve 6 year terms. Terms
25    of members are subject to Section 2A-54 of the Election
26    Code.

 

 

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1        (7) The regional superintendent shall convene the
2    initial board of the new community college district on July
3    1, 1996, and the non-voting student member initially
4    selected to that board as provided in Section 3-7.24 shall
5    serve a term beginning on the date of selection and
6    expiring on the next succeeding April 15. Upon being
7    convened on July 1, 1996, the board shall proceed to
8    organize in accordance with Section 3-8, and shall
9    thereafter continue to exercise the powers and duties of a
10    board in the manner provided by law for all boards of
11    community college districts except where obviously
12    inapplicable or otherwise provided by this Act. Vacancies
13    shall be filled, and members shall serve without
14    compensation subject to reimbursement for reasonable
15    expenses incurred in connection with their service as
16    members, as provided in Section 3-7. The duly elected and
17    organized board of the new community college district shall
18    levy taxes at a rate not to exceed .175 percent for
19    educational purposes and at a rate not to exceed .05
20    percent for operations and maintenance of facilities
21    purposes; provided that the board may act to increase such
22    rates at a regular election in accordance with Section 3-14
23    and the general election law.
24    (d) (Blank). Upon abolition of the experimental district
25and establishment of the new community college district as
26provided in this Section, all tangible personal property,

 

 

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1including inventory, equipment, supplies, and library books,
2materials, and collections, belonging to the experimental
3district and State Community College of East St. Louis at the
4time of their abolition under this Section shall be deemed
5transferred, by operation of law, to the board of trustees of
6the new community college district. In addition, all real
7property, and the improvements situated thereon, held by State
8Community College of East St. Louis or on its behalf by its
9board of trustees shall, upon abolition of the experimental
10district and college as provided in this Section, be conveyed
11by the Illinois Community College Board, in the manner
12prescribed by law, to the board of trustees of the new
13community college district established under this Section for
14so long as that real property is used for the conduct and
15operation of a public community college and the related
16purposes of a public community college district of this State.
17Neither the new community college district nor its board of
18trustees shall have any responsibility to any vendor or other
19person making a claim relating to the property, inventory, or
20equipment so transferred. On August 22, 1997, the endowment
21funds, gifts, trust funds, and funds from student activity fees
22and the operation of student and staff medical and health
23programs, union buildings, bookstores, campus centers, and
24other auxiliary enterprises and activities that were received
25by the board of trustees of State Community College of East St.
26Louis and held and retained by that board of trustees at the

 

 

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1time of the abolition of the experimental district and its
2replacement by the new community college district as provided
3in this Section shall be deemed transferred by operation of law
4to the board of trustees of that new community college
5district, to be retained in its own treasury and used in the
6conduct and operation of the affairs and related purposes of
7the new community college district. On August 22, 1997, all
8funds held locally in the State Community College of East St.
9Louis Contracts and Grants Clearing Account, the State
10Community College of East St. Louis Income Fund Clearing
11Account and the Imprest Fund shall be transferred by the Board
12to the General Revenue Fund.
13    (e) (Blank). The outstanding obligations incurred for
14fiscal years prior to fiscal year 1997 by the board of trustees
15of State Community College of East St. Louis before the
16abolition of that college and the experimental district as
17provided in this Section shall be paid by the State Board from
18appropriations made to the State Board from the General Revenue
19Fund for purposes of this subsection. To facilitate the
20appropriations to be made for that purpose, the State
21Comptroller and State Treasurer, without delay, shall transfer
22to the General Revenue Fund from the State Community College of
23East St. Louis Income Fund and the State Community College of
24East St. Louis Contracts and Grants Fund, special funds
25previously created in the State Treasury, any balances
26remaining in those special funds on August 22, 1997.

 

 

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1(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
290-358, eff. 1-1-98; 90-509, eff. 8-22-97; 90-655, eff.
37-30-98.)
 
4    (110 ILCS 805/2-15)  (from Ch. 122, par. 102-15)
5    Sec. 2-15. Recognition. The State Board shall grant
6recognition to community colleges which maintain equipment,
7courses of study, standards of scholarship and other
8requirements set by the State Board. Application for
9recognition shall be made to the State Board. The State Board
10shall set the criteria by which the community colleges shall be
11judged and through the executive officer of the State Board
12shall arrange for an official evaluation of the community
13colleges and shall grant recognition of such community colleges
14as may meet the required standards.
15    Recognition shall include a review of compliance with
16Section 3-65 of this Act Public Act 99-482 and other applicable
17State and federal laws regarding employment contracts and
18compensation. Annually, the State Board shall convene an
19advisory committee to review the findings and make
20recommendations for changes or additions to the laws or the
21review procedures.
22    If a community college district fails to meet the
23recognition standards set by the State Board, and if the
24district, in accordance with: (a) generally accepted
25Government Auditing Standards issued by the Comptroller

 

 

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1General of the United States, (b) auditing standards
2established by the American Institute of Certified Public
3Accountants, or (c) other applicable State and federal
4standards, is found by the district's auditor or the State
5Board working in cooperation with the district's auditor to
6have material deficiencies in the design or operation of
7financial control structures that could adversely affect the
8district's financial integrity and stability, or is found to
9have misused State or federal funds and jeopardized its
10participation in State or federal programs, the State Board
11may, notwithstanding any laws to the contrary, implement one or
12more of the following emergency powers:
13        (1) To direct the district to develop and implement a
14    plan that addresses the budgetary, programmatic, and other
15    relevant factors contributing to the need to implement
16    emergency measures. The State Board shall assist in the
17    development and shall have final approval of the plan.
18        (2) To direct the district to contract for educational
19    services in accordance with Section 3-40. The State Board
20    shall assist in the development and shall have final
21    approval of any such contractual agreements.
22        (3) To approve and require revisions of the district's
23    budget.
24        (4) To appoint a Financial Administrator to exercise
25    oversight and control over the district's budget. The
26    Financial Administrator shall serve at the pleasure of the

 

 

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1    State Board and may be an individual, partnership,
2    corporation, including an accounting firm, or other entity
3    determined by the State Board to be qualified to serve, and
4    shall be entitled to compensation. Such compensation shall
5    be provided through specific appropriations made to the
6    State Board for that express purpose.
7        (5) To develop and implement a plan providing for the
8    dissolution or reorganization of the district if in the
9    judgment of the State Board the circumstances so require.
10(Source: P.A. 99-691, eff. 1-1-17.)
 
11    (110 ILCS 805/2-16.02)  (from Ch. 122, par. 102-16.02)
12    Sec. 2-16.02. Grants. Any community college district that
13maintains a community college recognized by the State Board
14shall receive, when eligible, grants enumerated in this
15Section. Funded semester credit hours or other measures or both
16as specified by the State Board shall be used to distribute
17grants to community colleges. Funded semester credit hours
18shall be defined, for purposes of this Section, as the greater
19of (1) the number of semester credit hours, or equivalent, in
20all funded instructional categories of students who have been
21certified as being in attendance at midterm during the
22respective terms of the base fiscal year or (2) the average of
23semester credit hours, or equivalent, in all funded
24instructional categories of students who have been certified as
25being in attendance at midterm during the respective terms of

 

 

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1the base fiscal year and the 2 prior fiscal years. For purposes
2of this Section, "base fiscal year" means the fiscal year 2
3years prior to the fiscal year for which the grants are
4appropriated. Such students shall have been residents of
5Illinois and shall have been enrolled in courses that are part
6of instructional program categories approved by the State Board
7and that are applicable toward an associate degree or
8certificate. Courses that are eligible for reimbursement are
9those courses for which the district pays 50% or more of the
10program costs from unrestricted revenue sources, with the
11exception of dual credit courses and courses offered by
12contract with the Department of Corrections in correctional
13institutions. For the purposes of this Section, "unrestricted
14revenue sources" means those revenues in which the provider of
15the revenue imposes no financial limitations upon the district
16as it relates to the expenditure of the funds. Except for
17Fiscal Year 2012, base operating grants shall be paid based on
18rates per funded semester credit hour or equivalent calculated
19by the State Board for funded instructional categories using
20cost of instruction, enrollment, inflation, and other relevant
21factors. For Fiscal Year 2012, the allocations for base
22operating grants to community college districts shall be the
23same as they were in Fiscal Year 2011, reduced or increased
24proportionately according to the appropriation for base
25operating grants for Fiscal Year 2012.
26    Equalization grants shall be calculated by the State Board

 

 

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1by determining a local revenue factor for each district by: (A)
2adding (1) each district's Corporate Personal Property
3Replacement Fund allocations from the base fiscal year or the
4average of the base fiscal year and prior year, whichever is
5less, divided by the applicable statewide average tax rate to
6(2) the district's most recently audited year's equalized
7assessed valuation or the average of the most recently audited
8year and prior year, whichever is less, (B) then dividing by
9the district's audited full-time equivalent resident students
10for the base fiscal year or the average for the base fiscal
11year and the 2 prior fiscal years, whichever is greater, and
12(C) then multiplying by the applicable statewide average tax
13rate. The State Board shall calculate a statewide weighted
14average threshold by applying the same methodology to the
15totals of all districts' Corporate Personal Property Tax
16Replacement Fund allocations, equalized assessed valuations,
17and audited full-time equivalent district resident students
18and multiplying by the applicable statewide average tax rate.
19The difference between the statewide weighted average
20threshold and the local revenue factor, multiplied by the
21number of full-time equivalent resident students, shall
22determine the amount of equalization funding that each district
23is eligible to receive. A percentage factor, as determined by
24the State Board, may be applied to the statewide threshold as a
25method for allocating equalization funding. A minimum
26equalization grant of an amount per district as determined by

 

 

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1the State Board shall be established for any community college
2district which qualifies for an equalization grant based upon
3the preceding criteria, but becomes ineligible for
4equalization funding, or would have received a grant of less
5than the minimum equalization grant, due to threshold
6prorations applied to reduce equalization funding. As of July
71, 2013, a community college district eligible to receive an
8equalization grant based upon the preceding criteria must
9maintain a minimum required combined in-district tuition and
10universal fee rate per semester credit hour equal to 70% of the
11State-average combined rate, as determined by the State Board,
12or the total revenue received by the community college district
13from combined in-district tuition and universal fees must be at
14least 30% of the total revenue received by the community
15college district, as determined by the State Board, for
16equalization funding. As of July 1, 2004, a community college
17district must maintain a minimum required operating tax rate
18equal to at least 95% of its maximum authorized tax rate to
19qualify for equalization funding. This 95% minimum tax rate
20requirement shall be based upon the maximum operating tax rate
21as limited by the Property Tax Extension Limitation Law.
22    The State Board shall distribute such other grants as may
23be authorized or appropriated by the General Assembly.
24    Each community college district entitled to State grants
25under this Section must submit a report of its enrollment to
26the State Board not later than 30 days following the end of

 

 

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1each semester, quarter, or term in a format prescribed by the
2State Board. These semester credit hours, or equivalent, shall
3be certified by each district on forms provided by the State
4Board. Each district's certified semester credit hours, or
5equivalent, are subject to audit pursuant to Section 3-22.1.
6    The State Board shall certify, prepare, and submit monthly
7vouchers to the State Comptroller setting forth an amount equal
8to one-twelfth of the grants approved by the State Board for
9base operating grants and equalization grants. The State Board
10shall prepare and submit to the State Comptroller vouchers for
11payments of other grants as appropriated by the General
12Assembly. If the amount appropriated for grants is different
13from the amount provided for such grants under this Act, the
14grants shall be proportionately reduced or increased
15accordingly.
16    For the purposes of this Section, "resident student" means
17a student in a community college district who maintains
18residency in that district or meets other residency definitions
19established by the State Board, and who was enrolled either in
20one of the approved instructional program categories in that
21district, or in another community college district to which the
22resident's district is paying tuition under Section 6-2 or with
23which the resident's district has entered into a cooperative
24agreement in lieu of such tuition. Students shall be classified
25as residents of the community college district without meeting
26the 30-day residency requirement of the district if they are

 

 

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1currently residing in the district and are youth (i) who are
2currently under the legal guardianship of the Illinois
3Department of Children and Family Services or have recently
4been emancipated from the Department and (ii) who had
5previously met the 30-day residency requirement of the district
6but who had a placement change into a new community college
7district. The student, a caseworker or other personnel of the
8Department, or the student's attorney or guardian ad litem
9appointed under the Juvenile Court Act of 1987 shall provide
10the district with proof of current in-district residency.
11    For the purposes of this Section, a "full-time equivalent"
12student is equal to 30 semester credit hours.
13    The Illinois Community College Board Contracts and Grants
14Fund is hereby created in the State Treasury. Items of income
15to this fund shall include any grants, awards, endowments, or
16like proceeds, and where appropriate, other funds made
17available through contracts with governmental, public, and
18private agencies or persons. The General Assembly shall from
19time to time make appropriations payable from such fund for the
20support, improvement, and expenses of the State Board and
21Illinois community college districts.
22(Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14;
2399-845, eff. 1-1-17.)
 
24    (110 ILCS 805/2-24)
25    Sec. 2-24. We Want to Learn English Initiative.

 

 

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1    (a) Subject to appropriation and Section 7 of the Board of
2Higher Education Act, the State Board may establish and
3administer a We Want to Learn English Initiative to provide
4resources for immigrants and refugees in this State to learn
5English in order to move towards becoming full members of
6American society.
7    (b) If funds are Each fiscal year, the State Board may
8include, as a separate line item, in its budget proposal
9$15,000,000 or less in funding for the We Want to Learn English
10Initiative, to be disbursed by the State Board. If the State
11Board decides to disburse the funds appropriated for this
12Initiative, then the State Board it must disburse no less than
13half of the funds appropriated each fiscal year to
14community-based, not-for-profit organizations, immigrant
15social service organizations, faith-based organizations, and
16on-site job training programs so that immigrants and refugees
17can learn English where they live, work, pray, and socialize
18and where their children go to school.
19    (c) Funds for the We Want to Learn English Initiative may
20be used only to provide programs that teach English to United
21States citizens, lawful permanent residents, and other persons
22residing in this State who are in lawful immigration status.
23(Source: P.A. 95-638, eff. 6-1-08.)
 
24    (110 ILCS 805/3-7)  (from Ch. 122, par. 103-7)
25    Sec. 3-7. (a) The election of the members of the board of

 

 

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1trustees shall be nonpartisan and shall be held at the time and
2in the manner provided in the general election law.
3    (b) Unless otherwise provided in this Act, members shall be
4elected to serve 6 year terms. The term of members elected in
51985 and thereafter shall be from the date the member is
6officially determined to be elected to the board by a canvass
7conducted pursuant to the Election Code, to the date that the
8winner of the seat is officially determined by the canvass
9conducted pursuant to the Election Code the next time the seat
10on the board is to be filled by election.
11    (c) Each member must on the date of his election be a
12citizen of the United States, of the age of 18 years or over,
13and a resident of the State and the territory which on the date
14of the election is included in the community college district
15for at least one year immediately preceding his election. In
16Community College District No. 526, each member elected at the
17consolidated election in 2005 or thereafter must also be a
18resident of the trustee district he or she represents for at
19least one year immediately preceding his or her election,
20except that in the first consolidated election for each trustee
21district following reapportionment, a candidate for the board
22may be elected from any trustee district that contains a part
23of the trustee district in which he or she resided at the time
24of the reapportionment and may be reelected if a resident of
25the new trustee district he or she represents for one year
26prior to reelection. In the event a person who is a member of a

 

 

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1common school board is elected or appointed to a board of
2trustees of a community college district, that person shall be
3permitted to serve the remainder of his or her term of office
4as a member of the common school board. Upon the expiration of
5the common school board term, that person shall not be eligible
6for election or appointment to a common school board during the
7term of office with the community college district board of
8trustees.
9    (d) Whenever a vacancy occurs, the remaining members shall
10fill the vacancy, and the person so appointed shall serve until
11a successor is elected to serve the remainder of the unexpired
12term at the next regular election for board members and is
13certified in accordance with Sections 22-17 and 22-18 of the
14Election Code. If the remaining members fail so to act within
1560 days after the vacancy occurs, the chairman of the State
16Board shall fill that vacancy, and the person so appointed
17shall serve until a successor is elected to serve the remainder
18of the unexpired term at the next regular election for board
19members and is certified in accordance with Sections 22-17 and
2022-18 of the Election Code. The person appointed to fill the
21vacancy shall have the same residential qualifications as his
22predecessor in office was required to have. In either instance,
23if the vacancy occurs with less than 4 months remaining before
24the next scheduled consolidated election, and the term of
25office of the board member vacating the position is not
26scheduled to expire at that election, then the term of the

 

 

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1person so appointed shall extend through that election and
2until the succeeding consolidated election. If the term of
3office of the board member vacating the position is scheduled
4to expire at the upcoming consolidated election, the appointed
5member shall serve only until a successor is elected and
6qualified at that election.
7    (e) Members of the board shall serve without compensation
8but shall be reimbursed for their reasonable expenses incurred
9in connection with their service as members. Compensation, for
10purposes of this Section, means any salary or other benefits
11not expressly authorized by this Act to be provided or paid to,
12for or on behalf of members of the board. The board of each
13community college district may adopt a policy providing for the
14issuance of bank credit cards, for use by any board member who
15requests the same in writing and agrees to use the card only
16for the reasonable expenses which he or she incurs in
17connection with his or her service as a board member. Expenses
18charged to such credit cards shall be accounted for separately
19and shall be submitted to the chief financial officer of the
20district for review prior to being reported to the board at its
21next regular meeting.
22    (f) The Except in an election of the initial board for a
23new community college district created pursuant to Section
246-6.1, the ballot for the election of members of the board for
25a community college district shall indicate the length of term
26for each office to be filled. In the election of a board for

 

 

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1any community college district, the ballot shall not contain
2any political party designation.
3(Source: P.A. 100-273, eff. 8-22-17.)
 
4    (110 ILCS 805/3-7a)  (was 110 ILCS 805/3-7, subsec. (c))
5    Sec. 3-7a. Trustee districts; Community College District
6No. 522. A board of trustees of a community college district
7which is contiguous or has been contiguous to an experimental
8community college district as authorized and defined by Article
9IV of this Act may, on its own motion, or shall, upon the
10petition of the lesser of 1/10 or 2,000 of the voters
11registered in the district, order submitted to the voters of
12the district at the next general election the proposition for
13the election of board members by trustee district rather than
14at large, and such proposition shall thereupon be certified by
15the secretary of the board to the proper election authority in
16accordance with the general election law for submission.
17    If the proposition is approved by a majority of those
18voting on the proposition, the State Board of Elections, in
191991, shall reapportion the trustee districts to reflect the
20results of the last decennial census, and shall divide the
21community college district into 7 trustee districts, each of
22which shall be compact, contiguous and substantially equal in
23population to each other district. In 2001, and in the year
24following each decennial census thereafter, the board of
25trustees of community college District #522 shall reapportion

 

 

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1the trustee districts to reflect the results of the census, and
2shall divide the community college district into 7 trustee
3districts, each of which shall be compact, contiguous, and
4substantially equal in population to each other district. The
5division of the community college district into trustee
6districts shall be completed and formally approved by a
7majority of the members of the board of trustees of community
8college District #522 in 2001 and in the year following each
9decennial census. At the same meeting of the board of trustees,
10the board shall, publicly by lot, divide the trustee districts
11as equally as possible into 2 groups. Beginning in 2003 and
12every 10 years thereafter, trustees or their successors from
13one group shall be elected for successive terms of 4 years and
146 years; and members or their successors from the second group
15shall be elected for successive terms of 6 years and 4 years.
16One member shall be elected from each such trustee district.
17Each member elected in 2001 shall be elected at the 2001
18consolidated election from the trustee districts established
19in 1991. The term of each member elected in 2001 shall end on
20the date that the trustees elected in 2003 are officially
21determined by a canvass conducted pursuant to the Election
22Code.
23(Source: P.A. 97-539, eff. 8-23-11.)
 
24    (110 ILCS 805/3-14.2)  (from Ch. 122, par. 103-14.2)
25    Sec. 3-14.2. In addition to any other tax levies authorized

 

 

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1by law, the board of a community college district (1) whose
2boundaries are entirely within a county with a population in
3excess of 2 million persons and (2) which was organized as a
4public junior college prior to October 1, 1973, and (3) whose
5existence was validated by an Act filed with the Secretary of
6State on May 31, 1937, may levy an additional tax upon the
7taxable property of the district in any year in which the State
8Board issues a certificate of eligibility to do so. The
9additional tax may be used to increase the total taxing
10authority of the district to the rate of 23.54 cents per $100
11of equalized assessed value for educational and operations,
12building and maintenance purposes.
13    In order to be eligible to levy the additional tax as
14provided herein, the district shall have been eligible to
15receive equalization grants pursuant to Section 2-16.02 102-16
16for each of the five fiscal years in the period 1984 to 1988.
17    The additional amount certified by the State Board to be
18levied shall not exceed the combined increases in the
19educational and operations, building and maintenance purposes
20funds authorized in Section 3-14. The State Board shall notify
21the board of trustees of the community college district of its
22eligibility to levy additional taxes as authorized in this
23Section and the amount of such levy, by November 1, 1988.
24    A resolution, adopted pursuant to the provisions of the
25Open Meetings Act, which expresses the district's intent to
26levy such a tax, or a portion thereof, when accompanied by the

 

 

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1State Board certificate of eligibility, shall be the authority
2for the county clerk or clerks to extend such a tax. The
3district board shall cause a copy of the resolution to be
4published in one or more newspapers published in the district
5within 10 days after such levy is made. If no newspaper is
6published in the district, the resolution shall be published in
7a newspaper having general circulation within the district. The
8publication of the resolution shall include a notice of (1) the
9specific number of voters required to sign a petition
10requesting that the question of the adoption of the tax levy be
11submitted to the voters of the district; (2) the time within
12which the petition must be filed; and (3) the date of the
13prospective referendum. The district secretary shall provide a
14petition form to any individual requesting one.
15    If within 30 days of the adoption of such additional levy,
16a petition is filed with the secretary of the board of
17trustees, signed by not less than 10% of the voters of the
18district, requesting that the proposition to levy such
19additional taxes as authorized by this Section be submitted to
20the voters of the district, then the district shall not be
21authorized to levy such additional taxes as permitted by this
22Section until the proposition has been submitted to and
23approved by a majority of the voters voting on the proposition
24at a regularly scheduled election in the manner provided in the
25general election law. The secretary shall certify the
26proposition to the proper election authority for submission to

 

 

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1the voters. If no such petition with the requisite number of
2signatures and which is otherwise valid is filed within such 30
3day period, then the district shall thereafter be authorized to
4levy such additional taxes as provided and for the purposes
5expressed in this Section.
6(Source: P.A. 85-1150; 86-1253.)
 
7    (110 ILCS 805/3-14.3)  (from Ch. 122, par. 103-14.3)
8    Sec. 3-14.3. In addition to any other tax levies authorized
9by law, the board of a community college district may levy an
10additional tax upon the taxable property of the district in any
11year in which the State Board issues a certificate of
12eligibility to do so. The additional tax may be used to
13increase the total taxing authority of the district to the most
14recently reported statewide average actual levy rate in cents
15per $100 of equalized assessed value for educational and
16operations and maintenance purposes as certified by the State
17Board.
18    In order to be eligible to levy the additional tax as
19provided herein, the district shall have been eligible to
20receive equalization grants pursuant to Section 2-16 or
212-16.02, as the case may be, in the year of eligibility
22certification or in the previous fiscal year.
23    The additional amount certified by the State Board to be
24levied shall not exceed the combined increases in the
25educational and operations and maintenance purposes funds

 

 

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1authorized in Section 3-14. The State Board shall notify the
2board of trustees of the community college district of its
3eligibility to levy additional taxes as authorized in this
4Section and the amount of such levy, by November 1 of each
5year.
6    A resolution, adopted annually pursuant to the provisions
7of the Open Meetings Act, which expresses the district's intent
8to levy such a tax, or a portion thereof, when accompanied by
9the State Board certificate of eligibility, shall be the
10authority for the county clerk or clerks to extend such a tax.
11Within 10 days after adoption of such resolution, the district
12shall cause to be published the resolution in at least one or
13more newspapers published in the district. The publication of
14the resolution shall include a notice of (1) the specific
15number of voters required to sign a petition requesting that
16the proposition of the adoption of the resolution be submitted
17to the voters of the district; (2) the time in which the
18petition must be filed; and (3) the date of the prospective
19referendum. The secretary shall provide a petition form to any
20individual requesting one.
21    If within 30 days of the annual adoption of such additional
22levy, a petition is filed with the secretary of the board of
23trustees, signed by not less than 10% of the registered voters
24of the district, requesting that the proposition to levy such
25additional taxes as authorized by this Section be submitted to
26the voters of the district, then the district shall not be

 

 

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1authorized to levy such additional taxes as permitted by this
2Section until the proposition has been submitted to and
3approved by a majority of the voters voting on the proposition
4at a regularly scheduled election in the manner provided in the
5general election law. The secretary shall certify the
6proposition to the proper election authority for submission to
7the voters. If no such petition with the requisite number of
8signatures and which is otherwise valid is filed within such 30
9day period, then the district shall be authorized to levy such
10additional taxes as provided for the purposes expressed in this
11Section.
12(Source: P.A. 86-360; 87-1018.)
 
13    (110 ILCS 805/3-20.1)  (from Ch. 122, par. 103-20.1)
14    Sec. 3-20.1. The board of each community college district
15shall within or before the first quarter of each fiscal year,
16adopt an annual budget which it deems necessary to defray all
17necessary expenses and liabilities of the district, and in such
18annual budget shall specify the objects and purposes of each
19item and amount needed for each object or purpose. The board of
20each community college district shall file a written or
21electronic copy of the annual budget with the State Board.
22    The budget shall contain a statement of the cash on hand at
23the beginning of the fiscal year, an estimate of the cash
24expected to be received during such fiscal year from all
25sources, an estimate of the expenditures contemplated for such

 

 

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1fiscal year, and a statement of the estimated cash expected to
2be on hand at the end of such year. The estimate of taxes to be
3received may be based upon the amount of actual cash receipts
4that may reasonably be expected by the district during such
5fiscal year, estimated from the experience of the district in
6prior years and with due regard for other circumstances that
7may substantially affect such receipts. Nothing in this Section
8shall be construed as requiring any district to change or
9preventing any district from changing from a cash basis of
10financing to a surplus or deficit basis of financing; or as
11requiring any district to change or preventing any district
12from changing its system of accounting.
13    The board of each community college district shall fix a
14fiscal year. If the beginning of the fiscal year of a district
15is subsequent to the time that the tax levy for such fiscal
16year shall be made, then such annual budget shall be adopted
17prior to the time such tax levy shall be made.
18    Such budget shall be prepared in tentative form by some
19person or persons designated by the board, and in such
20tentative form shall be made conveniently available to public
21inspection for at least 30 days prior to final action thereon.
22At least one public hearing shall be held as to such budget
23prior to final action thereon. Notice of availability for
24public inspection and of such public hearing shall be given by
25publication in a newspaper published in such district, at least
2630 days prior to the time of such hearing. If there is no

 

 

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1newspaper published in such district, notice of such public
2hearing shall be given by publication in a newspaper having
3general circulation within the district posting notices
4thereof in 5 of the most public places in such district. It
5shall be the duty of the secretary of the board to make the
6tentative budget available to public inspection, and to arrange
7for such public hearing. The board may from time to time make
8transfers between the various items in any fund not exceeding
9in the aggregate 10% of the total of such fund as set forth in
10the budget. The board may amend the annual budget from time to
11time at a regular meeting of the board if public notice of any
12amendment is provided pursuant to the Open Meetings Act. The
13board may from time to time amend such budget by the same
14procedure as is herein provided for its original adoption.
15(Source: P.A. 78-669.)
 
16    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
17    Sec. 3-22.1. To cause an audit to be made as of the end of
18each fiscal year by an accountant licensed to practice public
19accounting in Illinois and appointed by the board. The auditor
20shall perform his or her examination in accordance with
21generally accepted auditing standards and regulations
22prescribed by the State Board, and submit his or her report
23thereon in accordance with generally accepted accounting
24principles. The examination and report shall include a
25verification of student enrollments and any other bases upon

 

 

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1which claims are filed with the State Board. The audit report
2shall include a statement of the scope and findings of the
3audit and a professional opinion signed by the auditor. If a
4professional opinion is denied by the auditor he or she shall
5set forth the reasons for that denial. The board shall not
6limit the scope of the examination to the extent that the
7effect of such limitation will result in the qualification of
8the auditor's professional opinion. The procedures for payment
9for the expenses of the audit shall be in accordance with
10Section 9 of the Governmental Account Audit Act. Copies of the
11audit report shall be filed with the State Board in accordance
12with regulations prescribed by the State Board. The State Board
13shall file one copy of the audit report with the Auditor
14General.
15(Source: P.A. 99-655, eff. 7-28-16.)
 
16    (110 ILCS 805/3-25.1)  (from Ch. 122, par. 103-25.1)
17    Sec. 3-25.1. To authorize application to the State Illinois
18Community College Board for the approval of new units of
19instruction, research or public service as defined in this
20Section and to establish such new units following approval in
21accordance with the provisions of this Act and the Board of
22Higher Education Act.
23    The term "new unit of instruction, research or public
24service" includes the establishment of a college, school,
25division, institute, department or other unit including majors

 

 

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1and curricula in any field of instruction, research, or public
2service not theretofore included in the program of the
3community college, and includes the establishment of any new
4branch or campus of the institution. The term shall not include
5reasonable and moderate extensions of existing curricula,
6research, or public service programs which have a direct
7relationship to existing programs; and the State Board may,
8under its rule making power define the character of reasonable
9and moderate extensions.
10(Source: P.A. 88-322.)
 
11    (110 ILCS 805/3-26.1)  (from Ch. 122, par. 103-26.1)
12    Sec. 3-26.1. Any employee of a community college board who
13is a member of any reserve component of the United States Armed
14Services, including the Illinois National Guard, and who is
15mobilized to active military duty on or after August 1, 1990 as
16a result of an order of the President of the United States,
17shall for each pay period beginning on or after August 1, 1990
18continue to receive the same regular compensation that he
19receives or was receiving as an employee of the community
20college board at the time he is or was so mobilized to active
21military duty, plus any health insurance and other benefits he
22is or was receiving or accruing at that time, minus the amount
23of his base pay for military service, for the duration of his
24active military service. If the employee's active military duty
25commences on or after the effective date of this amendatory Act

 

 

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1of the 100th General Assembly, the military duty shall not
2result in the loss or diminishment of any employment benefit,
3service credit, or status accrued at the time the duty
4commenced.
5    In the event any provision of a collective bargaining
6agreement or any community college board or district policy
7covering any employee so ordered to active duty is more
8generous than the provisions contained in this Section the
9collective bargaining agreement or community college board or
10district policy shall be controlling.
11(Source: P.A. 87-631.)
 
12    (110 ILCS 805/3-29)  (from Ch. 122, par. 103-29)
13    Sec. 3-29. To indemnify and protect board members and ,
14employees, and student teachers of boards against civil rights
15damage claims and suits, constitutional rights damage claims
16and suits, death, bodily injury and property damage claims and
17suits, including defense thereof, when damages are sought for
18alleged negligent or wrongful acts while such board member or ,
19employee or student teacher is engaged in the exercise or
20performance of any powers or duties of the board, or is acting
21within the scope of employment or under the direction of the
22community college board.
23    To insure against any loss or liability of the district or
24board members and , employees, and student teachers of boards
25against civil rights damage claims and suits, constitutional

 

 

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1rights damage claims and suits and death, bodily injury and
2property damage claims and suits, including defense thereof,
3when damages are sought for alleged negligent or wrongful acts
4while such board member or , employee, or student teacher is
5engaged in the exercise or performance of any powers or duties
6of the board, or is acting within the scope of employment or
7under the direction of the board. Such insurance shall be
8carried in a company licensed to write such coverage in this
9State.
10(Source: P.A. 83-1391.)
 
11    (110 ILCS 805/3-40)  (from Ch. 122, par. 103-40)
12    Sec. 3-40. To enter into contracts or agreements with any
13person, organization, association, educational institution, or
14governmental agency for providing or securing educational
15services. The authority of any community college district to
16exercise the powers granted under this Section is subject to
17the prior review and approval of the State Board under
18subsection (i) of Section 212 of this Act. Any initial
19contract with a public university or a private degree-granting
20college or university entered into on or after July 1, 1985 but
21before July 1, 2016 shall have prior approval of the State
22Board and the Illinois Board of Higher Education. Any initial
23contract with a public university or a private degree-granting
24college or university entered into on or after July 1, 2016
25shall have prior approval of the State Board.

 

 

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1(Source: P.A. 99-655, eff. 7-28-16.)
 
2    (110 ILCS 805/3-42.1)  (from Ch. 122, par. 103-42.1)
3    Sec. 3-42.1. (a) To appoint law enforcement officer and
4non-law enforcement officer members of the community college
5district police department or department of public safety.
6    (b) Members of the community college district police
7department or department of public safety who are law
8enforcement officers, as defined in the Illinois Police
9Training Act, shall be peace officers under the laws of this
10State. As such, law enforcement officer members of these
11departments shall have all of the powers of police officers in
12cities and sheriffs in counties, including the power to make
13arrests on view or on warrants for violations of State statutes
14and to enforce county or city ordinances in all counties that
15lie within the community college district, when such is
16required for the protection of community college personnel,
17students, property, or interests. Such officers shall have no
18power to serve and execute civil process.
19    As peace officers in this State, all laws pertaining to
20hiring, training, retention, service authority, and discipline
21of police officers, under State law, shall apply. Law
22enforcement officer members must complete the minimum basic
23training requirements of a police training school under the
24Illinois Police Training Act. Law enforcement officer members
25who have successfully completed an Illinois Law Enforcement

 

 

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1Training and Standards Board certified firearms course shall be
2equipped with appropriate firearms and auxiliary weapons.
3    (c) Non-law enforcement officer members of the community
4college police, public safety, or security departments whose
5job requirements include performing patrol and security type
6functions shall, within 6 months after their initial hiring
7date or the effective date of this amendatory Act of the 96th
8General Assembly, whichever is later, be required to
9successfully complete the 20-hour basic security training
10course required by (i) the Department of Financial and
11Professional Regulation, Division of Professional Regulation
12for Security Officers, (ii) by the International Association of
13College Law Enforcement Administrators, or (iii) campus
14protection officer training program or a similar course
15certified and approved by the Illinois Law Enforcement Training
16and Standards Board. They shall also be permitted to become
17members of an Illinois State Training Board Mobile Training
18Unit and shall complete 8 hours in continuing training, related
19to their specific position of employment, each year. The board
20may establish reasonable eligibility requirements for
21appointment and retention of non-law enforcement officer
22members.
23    All non-law enforcement officer members authorized to
24carry weapons, other than firearms, shall receive training on
25the proper deployment and use of force regarding such weapons.
26(Source: P.A. 96-269, eff. 8-11-09.)
 

 

 

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1    (110 ILCS 805/3-48)  (from Ch. 122, par. 103-48)
2    Sec. 3-48. Interest of board member in contracts.
3    (a) Except as otherwise provided in this Section, no No
4community college board member shall be interested, directly or
5indirectly, in his own name or in the name of any other person,
6association, trust or corporation, in any contract, work, or
7business of the district or in the sale of any article,
8whenever the expense, price, or consideration of the contract,
9work, business, or sale is paid either from the treasury or by
10any assessment levied by any statute or ordinance. A community
11college board member shall not be deemed interested if the
12board member is an employee of a business that is involved in
13the transaction of business with the district and has no
14financial interests other than as an employee. Except as
15otherwise provided in this Section, no No community college
16board member shall be interested, directly or indirectly, in
17the purchase of any property which (1) belongs to the district,
18or (2) is sold for taxes or assessments, or (3) is sold by
19virtue of legal process at the suit of the district.
20    (b) A However, any board member may provide materials,
21merchandise, property, services, or labor, if:
22        A. the contract is with a person, firm, partnership,
23    association, corporation, or cooperative association in
24    which the board member has less than a 7 1/2% share in the
25    ownership; and

 

 

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1        B. such interested board member publicly discloses the
2    nature and extent of his interest prior to or during
3    deliberations concerning the proposed award of the
4    contract; and
5        C. such interested board member abstains from voting on
6    the award of the contract, though he shall be considered
7    present for the purposes of establishing a quorum; and
8        D. such contract is approved by a majority vote of
9    those board members presently holding office; and
10        E. the contract is awarded after sealed bids to the
11    lowest responsible bidder if the amount of the contract
12    exceeds $1500, or awarded without bidding if the amount of
13    the contract is less than $1500; and
14        F. the award of the contract would not cause the
15    aggregate amount of all such contracts so awarded to the
16    same person, firm, association, partnership, corporation,
17    or cooperative association in the same fiscal year to
18    exceed $25,000.
19    (c) In addition to the exemptions under subsection (b) of
20this Section, a above exemption, any board member may provide
21materials, merchandise, property, services or labor if:
22        A. the award of the contract is approved by a majority
23    vote of the board provided that any such interested member
24    shall abstain from voting; and
25        B. the amount of the contract does not exceed $250; and
26        C. the award of the contract would not cause the

 

 

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1    aggregate amount of all such contracts so awarded to the
2    same person, firm, association, partnership, corporation,
3    or cooperative association in the same fiscal year to
4    exceed $500; and
5        D. such interested member publicly discloses the
6    nature and extent of his interest prior to or during
7    deliberations concerning the proposed award of the
8    contract; and
9        E. such interested member abstains from voting on the
10    award of the contract, though he shall be considered
11    present for the purposes of establishing a quorum.
12    (d) A contract for the procurement of public utility
13services by a district with a public utility company is not
14barred by this Section by one or more members of the board
15being an officer or employee of the public utility company or
16holding an ownership interest of no more than 7 1/2% in the
17public utility company. A An elected or appointed member of the
18board having such an interest shall be deemed not to have a
19prohibited interest under this Section.
20    (e) This Section does not prohibit a student member of the
21board from maintaining official status as an enrolled student,
22from maintaining normal student employment at the college or
23from receiving scholarships or grants when the eligibility for
24the scholarships or grants is not determined by the board.
25    (f) Nothing contained in this Section shall preclude a
26contract of deposit of monies, loans or other financial

 

 

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1services by a district with a local bank or local savings and
2loan association, regardless of whether a member or members of
3the community college board are interested in such bank or
4savings and loan association as a director, as an officer or
5employee or as a holder of less than 7 1/2% of the total
6ownership interest. A member or members holding such an
7interest in such a contract shall not be deemed to be holding a
8prohibited interest for purposes of this Act. Such interested
9member or members of the community college board must publicly
10state the nature and extent of their interest during
11deliberations concerning the proposed award of such a contract,
12but shall not participate in any further deliberations
13concerning the proposed award. Such interested member or
14members shall not vote on such a proposed award. Any member or
15members abstaining from participation in deliberations and
16voting under this Section may be considered present for
17purposes of establishing a quorum. Award of such a contract
18shall require approval by a majority vote of those members
19presently holding office. Consideration and award of any such
20contract in which a member or members are interested may only
21be made at a regularly scheduled public meeting of the
22community college board.
23    (g) Any board member who violates this Section is guilty of
24a Class 4 felony and in addition thereto any office held by
25such person so convicted shall become vacant and shall be so
26declared as part of the judgment of the court.

 

 

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1(Source: P.A. 86-930.)
 
2    (110 ILCS 805/3-53)
3    Sec. 3-53. Private-public partnership boards.
4    (a) In this Section:
5    "Advanced manufacturing technology" means a program of
6study that leads students to an industry certification,
7diploma, degree, or combination of these in skills and
8competencies needed by manufacturers.
9    "Industry certification" means an industry-recognized
10credential that is (i) industry created, (ii) nationally
11portable, (iii) third-party-validated by either the
12International Organization for Standardization or the American
13National Standards Institute and is data-based and supported.
14    "Institution" means a public high school or community
15college, including a community college in a community college
16district to which Article 7 of this Act applies, that offers
17instruction in advanced manufacturing technology for credit
18towards a degree.
19    "Private-public partnership board" means a formal group of
20volunteers within a community college district that may be
21comprised of some, but not necessarily all, of the following:
22local and regional manufacturers, applicable labor unions,
23community college officials, school district superintendents,
24high school principals, workforce investment boards, or other
25individuals willing to participate.

 

 

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1    (b) The creation of a private-public partnership board is
2encouraged and may be authorized at each community college. A
3board, if created, shall meet no less than 5 of the following
4criteria:
5        (1) be minimally comprised of those entities described
6    in subsection (a) of this Section;
7        (2) be led cooperatively by a manufacturer, a school
8    district superintendent, and a community college president
9    or their designees;
10        (3) meet no less than 4 times each year during State
11    fiscal years 2015 and 2016 and thereafter no less than
12    twice each State fiscal year;
13        (4) encourage and define the implementation of
14    programs of study in advanced manufacturing technology to
15    meet the competency and skill demands of manufacturers;
16        (5) define a minimum of 4 programs of study in advanced
17    manufacturing technology to meet the needs of the broadest
18    number of manufacturers in the area;
19        (6) encourage formal alignment and dual-credit
20    opportunities for high school students who begin advanced
21    manufacturing technology training to transition to
22    community college programs of study in advanced
23    manufacturing technology; and
24        (7) establish, as its foundation, the certified
25    production technician credential offered by the
26    Manufacturing Skill Standards Council or its successor

 

 

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1    entity.
2(Source: P.A. 98-1069, eff. 8-26-14.)
 
3    (110 ILCS 805/5-3)  (from Ch. 122, par. 105-3)
4    Sec. 5-3. Community college districts desiring to
5participate in the program authorized in Section 5-1 of this
6Act shall make a written application to the State Board on
7forms provided by such Board. The State Board may require the
8following information:
9        (a) Description of present facilities and those
10    planned for construction.
11        (b) Present community college enrollment.
12        (c) (Blank). The projected enrollment over the next 5
13    years. However, no application shall be accepted unless
14    such district contains 3 counties, or that portion of 3
15    counties not included in an existing community college
16    district, or the projected enrollment shows more than 1,000
17    fulltime equivalent students within 5 years in districts
18    outside the Chicago standard metropolitan area and more
19    than 2,000 fulltime equivalent students in the Chicago
20    standard metropolitan area, such area as defined by U.S.
21    Bureau of Census.
22        (d) Outline of community college curricula, including
23    vocational and technical education, present and proposed.
24        (e) District financial report including financing
25    plans for district's share of costs.

 

 

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1        (f) Facts showing adequate standards for the physical
2    plant, heating, lighting, ventilation, sanitation, safety,
3    equipment and supplies, instruction and teaching,
4    curricula, library, operation, maintenance, administration
5    and supervision.
6        (g) Survey of the existing community college or
7    proposed community college service area and the proper
8    location of the site in relation to the existing
9    institutions of higher education offering
10    pre-professional, occupational and technical training
11    curricula. The factual survey must show the possible
12    enrollment, assessed valuation, industrial, business,
13    agricultural and other conditions reflecting educational
14    needs in the area to be served; however, no community
15    college will be authorized in any location which, on the
16    basis of the evidence supplied by the factual survey, shall
17    be deemed inadequate for the maintenance of desirable
18    standards for the offering of basic subjects of general
19    education, semiprofessional and technical curricula.
20        (h) Such other information as the State Board may
21    require.
22(Source: P.A. 78-669.)
 
23    (110 ILCS 805/5-4)  (from Ch. 122, par. 105-4)
24    Sec. 5-4. Any community college district desiring to
25participate in the program for new academic facilities or any

 

 

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1facilities built or bought under contract entered into after
2July 7, 1964, shall file an application with the State Board
3prior to such dates as are designated by the State Board. The
4State Board in providing priorities if such are needed because
5of limited funds shall be regulated by objective criteria which
6shall be such as will tend best to achieve the objectives of
7this Article, while leaving opportunity and flexibility for the
8development of standards and methods that will best accommodate
9the varied needs of the community colleges in the State. Basic
10criteria shall give special consideration to the expansion of
11enrollment capacity and shall include consideration of the
12degree to which the applicant districts effectively utilize
13existing facilities and which allow the Board, for priority
14purposes, to provide for the grouping in a reasonable manner,
15the application for facilities according to functional or
16educational type.
17(Source: P.A. 78-669.)
 
18    (110 ILCS 805/5-6)  (from Ch. 122, par. 105-6)
19    Sec. 5-6. Any community college district may, as a part of
20its 25% contribution for building purposes, contribute real
21property situated within the geographical boundaries of such
22community college district at market value as determined at the
23time the contribution is made to the Capital Development Board
24in accordance with the program and budget, the plan as approved
25by the State Board by 3 licensed appraisers appointed by the

 

 

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1State Board, except that where a community college district has
2acquired such lands without cost or for a consideration
3substantially less than the market value thereof at the time of
4acquisition, the amount of the community college district's
5contribution for the land shall be limited (a) to the
6difference, if any, between the appraised market value at the
7time of acquisition and the appraised market value at the time
8the contribution is made to the Capital Development Board, if
9the grantor is the Federal government, (except that no property
10acquired prior to December 18, 1975 shall be affected by the
11provisions of this section), or any department, agency, board
12or commission thereof or (b) to the actual amount, if any, of
13the consideration paid for the land if the grantor is the State
14of Illinois or any department, agency, board or commission
15thereof.
16    In the event the highest appraisal exceeds the average of
17the other two appraisals by more than 10%, such appraisal shall
18not be considered in determining the market value of the land
19and a new appraiser shall be appointed by the State Board, who
20shall re-appraise the land. The re-appraisal shall then become
21the third appraisal as required by this section. The cost of
22the appraisement shall be paid by the community college
23district.
24(Source: P.A. 84-1308.)
 
25    (110 ILCS 805/5-7)  (from Ch. 122, par. 105-7)

 

 

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1    Sec. 5-7. Transfer of funds or designation of real
2property. As part of Prior to entering into an agreement with
3the Capital Development Board, the community college board
4shall transfer to the Capital Development Board funds or
5designate for building purposes any real property it may own,
6either improved or unimproved, situated within the
7geographical boundaries of such community college district, or
8both, in an amount equal to at least 25% of the total amount
9necessary to finance the project, except that no real property
10may be so designated, unless prior to its acquisition by the
11community college district after December 18, 1975 the Capital
12Development Board has had an opportunity to evaluate the land
13and issue a report concerning its suitability for construction
14purposes. Of the total funds transferred from the community
15college board to the Capital Development Board, an amount equal
16to 40% of each of the fees under an architect or engineer
17contract, including any reimbursable items under the contract
18to cover contractual obligations through the design
19development phase of the project, shall be transferred prior to
20the signing of the contract. Prior to approval to proceed
21beyond the design development stage or to advertising the first
22bid package of a phased-bid project, whichever comes first, the
23community college board shall transfer funds to the Capital
24Development Board in an amount equal to the balance of the
25local share of the total project cost. For the purposes of this
26Section, the proceeds derived from the sale of bonds as

 

 

SB2905- 57 -LRB100 18795 AXK 34034 b

1provided in this Act, any lands designated as all or part of
2the 25% contribution by the community college district or any
3other money available to the community college for building
4purposes may be used.
5(Source: P.A. 89-281, eff. 8-10-95.)
 
6    (110 ILCS 805/5A-15)
7    Sec. 5A-15. Guaranteed energy savings contract.
8"Guaranteed energy savings contract" means a contract for: (i)
9the implementation of an energy audit, data collection, and
10other related analyses preliminary to the undertaking of energy
11conservation measures; (ii) the evaluation and recommendation
12of energy conservation measures; (iii) the implementation of
13one or more energy conservation measures; and (iv) the
14implementation of project monitoring and data collection to
15verify post-installation energy consumption and energy-related
16operating costs. The contract shall provide that all payments,
17except obligations on termination of the contract before its
18expiration, are to be made over time and that the savings are
19guaranteed to the extent necessary to pay the costs of the
20energy conservation measures. Energy savings may include
21energy reduction and offsetting sources of renewable energy
22funds, including renewable energy credits and carbon credits.
23(Source: P.A. 88-173.)
 
24    (110 ILCS 805/5A-25)

 

 

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1    Sec. 5A-25. Request for proposals. "Request for proposals"
2means a competitive selection achieved by negotiated
3procurement. The request for proposals shall be submitted to
4the administrators of the Capital Development Board announced
5in the Illinois Procurement Bulletin for publication and
6through at least one public notice, at least 14 days before the
7request date in a newspaper published in the district, or if no
8newspaper is published in the district, in a newspaper of
9general circulation in the area of the district, by a community
10college district that will administer the program, requesting
11innovative solutions and proposals for energy conservation
12measures. Proposals submitted shall be sealed. The request for
13proposals shall include all of the following:
14        (1) The name and address of the community college
15    district.
16        (2) The name, address, title, and phone number of a
17    contact person.
18        (3) Notice indicating that the community college
19    district is requesting qualified providers to propose
20    energy conservation measures through a guaranteed energy
21    savings contract.
22        (4) The date, time, and place where proposals must be
23    received.
24        (5) The evaluation criteria for assessing the
25    proposals.
26        (6) Any other stipulations and clarifications the

 

 

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1    community college district may require.
2(Source: P.A. 94-1062, eff. 7-31-06.)
 
3    (110 ILCS 805/5A-35)
4    Sec. 5A-35. Award of guaranteed energy savings contract.
5Sealed proposals must be opened by a member or employee of the
6community college board at a public opening at which the
7contents of the proposals must be announced. Each person or
8entity submitting a sealed proposal must receive at least 10
9days notice of the time and place of the opening. The community
10college district shall select the qualified provider that best
11meets the needs of the district. The community college district
12shall provide public notice of the meeting at which it proposes
13to award a guaranteed energy savings contract of the names of
14the parties to the proposed contract and of the purpose of the
15contract. The public notice shall be made at least 10 days
16prior to the meeting. After evaluating the proposals under
17Section 5A-30, a community college district may enter into a
18guaranteed energy savings contract with a qualified provider if
19it finds that the amount it would spend on the energy
20conservation measures recommended in the proposal would not
21exceed the amount to be saved in either energy or operational
22costs, or both, within a 20-year period from the date of
23installation, if the recommendations in the proposal are
24followed. Contracts let or awarded shall be submitted to the
25administrators of the Capital Development Board Procurement

 

 

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1Bulletin for publication published in the next available
2subsequent Illinois Procurement Bulletin.
3(Source: P.A. 94-1062, eff. 7-31-06.)
 
4    (110 ILCS 805/5A-45)
5    Sec. 5A-45. Installment payment contract; lease purchase
6agreement. A community college district or 2 or more such
7districts in combination may enter into an installment payment
8contract or lease purchase agreement with a qualified provider
9or with a third-party lender, as authorized by law, for the the
10funding or financing of the purchase and installation of energy
11conservation measures by a qualified provider. Every community
12college district may issue certificates evidencing the
13indebtedness incurred pursuant to the contracts or agreements.
14Any such contract or agreement shall be valid whether or not an
15appropriation with respect thereto is first included in any
16annual or additional or supplemental budget adopted by the
17community college district. Each contract or agreement entered
18into by a community college district pursuant to this Section
19shall be authorized by official action resolution of the
20community college board. The authority granted under this
21Section is in addition to any other authority granted by law.
22(Source: P.A. 95-612, eff. 9-11-07.)
 
23    (110 ILCS 805/6-2)  (from Ch. 122, par. 106-2)
24    Sec. 6-2. Any graduate of a recognized high school or

 

 

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1student otherwise qualified to attend a public community
2college and residing outside a community college district but
3within this State who notifies the board of education of his
4district may, subject to Section 3-17, attend any recognized
5public community college in the State at the tuition rate of a
6student residing in the district. Subject to appropriation,
7which he chooses, and the State Board board of education of
8that district shall pay the difference between the in-district
9and out-of-district tuition amounts to the community college
10district his tuition, as defined herein, for any semester,
11quarter or term of that academic year and the following summer
12term from the educational fund or the proceeds of a levy made
13under Section 6-1. In addition, any graduate of a recognized
14high school or student otherwise qualified to attend a public
15community college and residing in a new community college
16district formed pursuant to Section 6-6.1 who notifies the
17board of education of his district may, subject to the
18provisions of Section 3-17, attend any recognized public
19community college in the State, and the board of education of
20that district shall pay his tuition until January 1, 1991. If a
21resident is not eligible for tuition for a summer term because
22he did not notify his board of education by the previous
23September 15, he may become eligible for that tuition for a
24summer term by giving notice to the board of education by May
2515 preceding his enrollment for the summer term. Such tuition
26may not exceed the per capita cost of the community college

 

 

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1attended for the previous year, or in the case of the first
2year of operation the estimated per capita cost, less certain
3deductions to be computed in the manner set forth below. The
4community college per capita cost shall be computed, in a
5manner consistent with any accounting system prescribed by the
6State Board, by adding all of the non-capital expenditures,
7including interest, to the depreciation on capital outlay
8expenditures paid from sources other than State and Federal
9funds and then dividing by the number of full-time equivalent
10students for the fiscal year as defined in this Section. The
11community college tuition to be charged to the district of the
12student's residence shall be computed, in a manner consistent
13with any accounting system prescribed by the State Board, by
14adding all of the non-capital expenditures for the previous
15year, including interest, to the depreciation on capital outlay
16expenditures paid from sources other than State and Federal
17funds less any payments toward non-capital expenditures
18received from State and Federal sources for the previous year
19except grants through the State Board, as authorized in Section
202-16 or 2-16.02, as the case may be, and then dividing by the
21number of full-time equivalent students for that fiscal year as
22defined in this Section; this average per student computation
23shall be converted to a semester hour or quarter hour base and
24further reduced by the combined rate of State grants other than
25equalization grants for the current year as provided for in
26Section 2-16.02 and any rate of tuition and fees assessed all

 

 

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1students for the current year as authorized in Section 6-4.
2    Any person who has notified the board of education of his
3or her district as provided above and who is a resident of that
4district at the time of such notification shall have his or her
5tuition paid by that district for that academic year and the
6following summer term so long as he or she resides in Illinois
7outside a community college district. If he or she becomes a
8resident of a community college district, he or she shall be
9classified as a resident of that district at the beginning of
10any semester, quarter or term following that change of
11residence and the State Board shall no longer pay the
12difference in tuition rates.
13    If a resident of a community college district wishes to
14attend the community college maintained by the district of his
15or her residence but the program in which the student wishes to
16enroll is not offered by that community college, and the
17community college maintained by the district of his residence
18does not have a contractual agreement under Section 3-40 of
19this Act for such program, the student may attend any
20recognized public community college in some other district,
21subject to the provisions of Section 3-17, and have his or her
22tuition, as defined herein, paid by the community college
23district of his or her residence while enrolled in a program at
24that college which is not offered by his or her home community
25college if he or she makes application to his or her home board
26at least 30 days prior to the beginning of any semester,

 

 

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1quarter or term in accordance with rules, regulations and
2procedures established and published by his or her home board.
3The payment of tuition by his or her district of residence may
4not exceed the per capita cost of the community college
5attended for the previous year, or in the case of the first
6year of operation the estimated per capita cost, less certain
7deductions, to be computed by adding all of the non-capital
8expenditures for the previous year, including interest, to the
9depreciation on the capital outlay expenditures paid from
10sources other than State and federal funds, less any payments
11toward non-capital expenditures received from State and
12federal sources for the previous year (except for grants
13through the State Board under Section 2-16.02 of this Act), and
14dividing that amount by the number of full-time equivalent
15students for that fiscal year as defined under this Section.
16This average per student computation shall be converted to a
17semester hour base and further reduced by the combined rate of
18State grants, other than equalization grants for the current
19year as provided under Section 2-16.02 of this Act, and any
20rate of tuition and fees assessed for all students for the
21current year as authorized under Section 6-4 of this Act. in
22the manner set forth above for the community college tuition to
23be charged to the district of the student's residence.
24    Payment shall be made hereunder to the community college
25district of attendance immediately upon receipt, by the
26district liable for the payment, of a statement from that

 

 

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1community college district of the amount due it. Before sending
2such a statement requesting payment, however, the community
3college district of attendance shall make all calculations and
4deductions required under this Section so that the amount
5requested for payment is the exact amount required under this
6Section to be paid by the district liable for payment.
7    If the moneys in the educational fund or the proceeds from
8a levy made under Section 6-1 of a district liable for payments
9under this Section are insufficient to meet such payments, the
10district liable for such payments may issue tax anticipation
11warrants as provided in Section 3-20.10.
12    A full-time equivalent student for a semester, quarter or
13term is defined as a student doing 15 semester hours of work
14per semester or 15 quarter hours of work per quarter or the
15equivalent thereof, and the number of full-time equivalent
16students enrolled per term shall be determined by dividing by
1715 the total number of semester hours or quarter hours of work
18for which State Board grants are received, or the equivalent
19thereof, carried by all students of the college through the
20mid-term of each semester, quarter or term. The number of
21full-time equivalent students for a fiscal year shall be
22computed by adding the total number of semester hours or
23quarter hours of work or the equivalent thereof carried by all
24students of the college through the mid-term of each semester,
25quarter or term during that fiscal year and dividing that sum
26by 30 semester hours or 45 quarter hours or the equivalent

 

 

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1thereof depending upon the credit hour system utilized by the
2college. Tuition of students carrying more or less than 15
3semester hours of work per semester or 15 quarter hours of work
4per quarter or the equivalent thereof shall be computed in the
5proportion which the number of hours so carried bears to 15
6semester hours or 15 quarter hours or the equivalent thereof.
7    If the United States Government, the State of Illinois, or
8any agency pays tuition for any community college student,
9neither the district of residence of the student nor the
10student may be required to pay that tuition or such part
11thereof as is otherwise paid. No part of the State's financial
12responsibility provided for in Section 2-16 may be transferred
13to a student's district of residence under this Section.
14(Source: P.A. 86-469; 86-1246; 87-1018.)
 
15    (110 ILCS 805/6-4.1)  (from Ch. 122, par. 106-4.1)
16    Sec. 6-4.1. If a resident of Illinois qualifies for
17admission to a public community college under Section 3-17 but
18does not qualify for financial support under Section 6-2, he
19may be enrolled in the college upon payment of the difference
20between the per capita cost as defined in Section 6-2 less any
21payments toward noncapital expenditures received from State
22and federal sources for the previous year except grants through
23the State Board as authorized in Section 2-16 or 2-16.02, as
24the case may be, converted to a semester hour or quarter hour
25base, and the combined rate of State grants other than

 

 

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1equalization grants for the current year as authorized in
2Section 2-16.02, notwithstanding tuition limits of Section
36-4. Subject to Section 3-17, a public community college may
4accept out-of-state students upon payment of the per capita
5cost as defined in Section 6-2. Notwithstanding the provisions
6of this Section, the out-of-district or out-of-state tuition,
7whichever is applicable, may be waived for a student who is
8employed for at least 35 hours per week by an entity located in
9the district or is enrolled in a course that is being provided
10under terms of a contract for services between the employing
11entity and the college.
12(Source: P.A. 86-1246; 87-741; 87-1018.)
 
13    (110 ILCS 805/6-4.2 new)
14    Sec. 6-4.2. In-district tuition charge. Notwithstanding
15any other provision of law or administrative rule to the
16contrary, for tuition purposes, a student shall be classified
17as a resident of a community college district after
18establishing the 30-day residency requirement of the district.
 
19    (110 ILCS 805/7-5)  (from Ch. 122, par. 107-5)
20    Sec. 7-5. The Until January 1, 1972, the fiscal year of the
21Board is the calendar year, and thereafter the fiscal year
22shall commence on the first day of July and end on the last day
23of June of each succeeding year. To effect this transition the
24Board shall adopt a resolution establishing the first fiscal

 

 

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1year for the period commencing on January 1, 1972, and ending
2on June 30, 1973. All reports of the chief administrative
3officer, the budget and all appropriations shall be prepared
4for such period.
5    The board and its officers shall have all necessary powers
6to effectuate such change in the fiscal year, but the
7proceedings had pursuant to this Section shall not alter the
8procedures for the levy of taxes as provided in Section 7-18.
9(Source: P.A. 77-676.)
 
10    (110 ILCS 805/7-9)  (from Ch. 122, par. 107-9)
11    Sec. 7-9. The budget shall set forth estimates, by classes,
12of all current assets and liabilities of each fund of the board
13as of the beginning of the fiscal year, and the amounts of
14those assets estimated to be available for appropriation in
15that year, either for expenditures or charges to be made or
16incurred during that year or for liabilities unpaid at the
17beginning thereof. Estimates of taxes to be received from the
18levies of prior years shall be net, after deducting amounts
19estimated to be sufficient to cover the loss and cost of
20collecting those taxes and also deferred collections thereof
21and abatements in the amount of those taxes extended or to be
22extended upon the collectors' books.
23    Estimates of the liabilities of the respective funds shall
24include:
25        1. All final judgments, including accrued interest

 

 

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1    thereon, entered against the board and unpaid at the
2    beginning of that fiscal year;
3        2. The principal of all tax anticipation warrants and
4    all temporary loans and all accrued interest thereon unpaid
5    at the beginning of that fiscal year;
6        3. Any amount for which the board is required under
7    this Act to reimburse the working cash fund from the
8    educational fund and operations and maintenance fund; and
9        4. The amount of all accounts payable including
10    estimates of audited vouchers, participation certificates,
11    interfund loans and purchase orders payable.
12    The budget shall also set forth detailed estimates of all
13taxes to be levied for that year and of all current revenues to
14be derived from sources other than taxes, including State and
15Federal contributions, rents, fees, perquisites, and all other
16types of revenue, which will be applicable to expenditures or
17charges to be made or incurred during that year.
18    No estimate of taxes to be levied during the fiscal year
19for educational purposes and operations and maintenance of
20facilities purposes may exceed a sum equivalent to the product
21of the value of the taxable property in the district, as
22ascertained by the last assessment for State and county taxes
23previous to the passage of the budget, multiplied by the
24maximum per cent or rate of tax which the corporate authorities
25of the city are authorized by law to levy for the current
26fiscal year for those purposes: Provided that any estimate of

 

 

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1taxes to be levied for the year 1975 collectible in 1976 and
2for the first half of the year 1976 collectible in 1977 for
3educational purposes and operations and maintenance of
4facilities purposes may be equal to a sum equivalent to the
5product of the value of the taxable property in the district,
6as ascertained by the 1972 assessment for State and county
7taxes, multiplied by the maximum per cent or rate of tax which
8the corporate authorities of the city are authorized by law to
9levy for the current fiscal year for those purposes.
10    All these estimates shall be so segregated and classified
11as to funds and in such other manner as to give effect to the
12requirements of law relating to the respective purposes to
13which the assets and taxes and other current revenues are
14applicable, so that no expenditure will be authorized or made
15for any purpose in excess of the money lawfully available
16therefor.
17    The several estimates of assets, liabilities and
18expenditure requirements required or authorized to be made by
19this Section and by Section 7-10 shall be made on the basis of
20information known to the board at the time of the passage of
21the annual budget and are not invalidated or otherwise subject
22to attack merely because after that time additional information
23is known to or could be discovered by the board that would
24require a different estimate or because the board might have
25amended these estimates under Section 7-12.
26(Source: P.A. 85-1335.)
 

 

 

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1    (110 ILCS 805/7-25)  (from Ch. 122, par. 107-25)
2    Sec. 7-25. Issuance of bonds; terms and sale. The board may
3incur an indebtedness and issue bonds for the purpose of
4erecting, purchasing or otherwise acquiring buildings suitable
5for community college use, transferring funds to the Capital
6Development Board Illinois Building Authority for community
7college building purposes, erecting temporary community
8college structures, erecting additions to, repairing,
9rehabilitating and replacing existing community college
10buildings and temporary community college structures,
11furnishing and equipping community college buildings and
12temporary community college structures, and purchasing or
13otherwise acquiring and improving sites for such purposes.
14    The bonds may not be issued until the proposition of
15authorizing such bonds has been certified to the proper
16election officials, who shall have submitted it to the electors
17of the city at a regular scheduled election in accordance with
18the general election law, and approved by a majority of the
19electors voting upon that question.
20    The board shall adopt a resolution providing for certifying
21that proposition for such an election. In addition to the
22requirements of the general election law the notice of the
23referendum must contain the amount of the bond issue, maximum
24rate of interest and purpose for which issued. This notice
25shall be published in accordance with the general election law.

 

 

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1    The proposition shall be in substantially the following
2form:
3-------------------------------------------------------------
4    Shall bonds in the amount of
5$............ be issued by the
6Board of community College District        YES
7No....., County of.... and State of
8Illinois for the purpose of (Here
9print the purpose of the public       -----------------------
10measure) bearing interest at the
11rate of not to exceed the maximum
12rate authorized  by the Bond               NO
13Authorization Act, as amended at the
14time of the making of the contract?
15-------------------------------------------------------------
16    Whenever the board desires to issue bonds as herein
17authorized, it shall adopt a resolution designating the purpose
18for which the proceeds of the bonds are to be expended and
19fixing the amount of the bonds proposed to be issued, the
20maturity thereof, and optional provisions, if any, the rate of
21interest thereon, and the amount of taxes to be levied annually
22for the purpose of paying the interest upon and the principal
23of such bonds.
24    The bonds shall bear interest at the rate of not more than
25the maximum rate authorized by the Bond Authorization Act, as
26amended at the time of the making of the contract, and shall

 

 

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1mature within not to exceed 20 years from their date, and may
2be made callable on any interest payment date at par and
3accrued interest, after notice has been given, at the time and
4in the manner provided in the bond resolution.
5    The bonds shall be issued in the corporate name of the
6community college district, and they shall be signed by the
7chairman and secretary of the community college board. The
8bonds shall also be registered, numbered and countersigned by
9the treasurer who receives the taxes of the district. The
10registration shall be in a book in which shall be entered the
11record of the election authorizing the board to borrow money
12and a description of the bonds issued, including the number,
13date, to whom issued, amount, rate of interest and when due.
14    The bonds shall be sold by the board upon such terms as are
15approved by the board after advertisement for bids, and the
16proceeds thereof shall be received by the community college
17treasurer, and expended by the board for the purposes provided
18in the bond resolution.
19    The community college treasurer shall, before receiving
20any of such money, execute a surety bond conditioned upon the
21faithful discharge of his duties with a surety company
22authorized to do business in this State, which surety bond
23shall be approved by the community college board and filed as
24otherwise required under this Act for the treasurer's bond. The
25penalty of the surety bond shall be in the amount of such bond
26issue. The surety bond shall be in substantially the same form

 

 

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1as the bond otherwise required under this Act for the treasurer
2and when so given shall fully describe the bond issue which it
3specifically covers and shall remain in force until the funds
4of the bond issue are fully disbursed in accordance with the
5law.
6    Before or at the time of issuing any bonds herein
7authorized, the board shall by resolution provide for the levy
8and collection of a direct annual tax upon all the taxable
9property of such community college district sufficient to pay
10and discharge the principal thereof at maturity and to pay the
11interest thereon as it falls due. Such tax shall be levied and
12collected in like manner with the other taxes of the community
13college district and shall be in addition to and exclusive of
14the maximum of all other taxes which the board is authorized by
15law to levy for community college purposes. Upon the filing in
16the office of the county clerk of the county wherein such
17community college district is located of a certified copy of
18any such ordinance, the county clerk shall extend the tax
19therein provided for, including an amount to cover loss and
20cost of collecting such taxes and also deferred collections
21thereof and abatements in the amounts of such taxes as extended
22upon the collector's books. The ordinance shall be in force
23upon its passage.
24    With respect to instruments for the payment of money issued
25under this Section either before, on, or after the effective
26date of this amendatory Act of 1989, it is and always has been

 

 

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1the intention of the General Assembly (i) that the Omnibus Bond
2Acts are and always have been supplementary grants of power to
3issue instruments in accordance with the Omnibus Bond Acts,
4regardless of any provision of this Act that may appear to be
5or to have been more restrictive than those Acts, (ii) that the
6provisions of this Section are not a limitation on the
7supplementary authority granted by the Omnibus Bond Acts, and
8(iii) that instruments issued under this Section within the
9supplementary authority granted by the Omnibus Bond Acts are
10not invalid because of any provision of this Act that may
11appear to be or to have been more restrictive than those Acts.
12(Source: P.A. 89-281, eff. 8-10-95.)
 
13    (110 ILCS 805/7-26)  (from Ch. 122, par. 107-26)
14    Sec. 7-26. Issuance of bonds not exceeding $15,000,000
15aggregate. The board may incur an indebtedness and issue bonds
16therefor in an amount or amounts not to exceed in the aggregate
17$15,000,000 for the purpose of erecting, purchasing, or
18otherwise acquiring buildings suitable for community college
19use, transferring funds to the Capital Development Board
20Illinois Building Authority for community college building
21purposes, erecting temporary community college structures,
22erecting additions to, repairing, rehabilitating, and
23replacing existing community college buildings and temporary
24community college structures, furnishing and equipping
25community college buildings and temporary community college

 

 

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1structures, and purchasing or otherwise acquiring and
2improving sites for such purposes. The bonds may be issued
3without submitting the question of issuance thereof to the
4voters of the community college district for approval.
5    Whenever the board desires to issue bonds as herein
6authorized, it shall adopt a resolution designating the purpose
7for which the proceeds of the bonds are to be expended and
8fixing the amount of the bonds proposed to be issued, the
9schedule of the maturities thereof; and optional provisions, if
10any, and the maximum rate of interest thereon and directing the
11sale upon such terms as are determined by the board.
12    The secretary of the board shall cause such sale to be
13advertised by publication of a notice of sale once, as a legal
14notice in a newspaper having general circulation in the
15district, and once in a financial journal published in the City
16of New York, New York, or Chicago, Illinois. Such notice of
17sale shall be published not less than 7 nor more than 21 days
18prior to the date set for the sale of the bonds being
19advertised. The notice of sale shall state that sealed bids
20will be received by the board for its bonds and shall include:
21the amount, date, maturity or maturities of such bonds; the
22date, time and place of receipt of bids; the maximum
23permissible interest rate; the basis upon which the bonds will
24be awarded; call provisions, if any; and such other information
25as the board may deem pertinent.
26    After the bonds have been awarded to the successful bidder,

 

 

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1the board shall adopt a resolution confirming the sale of said
2bonds to the successful bidder, setting forth the terms of
3sale, designating the place of payment for the principal and
4interest, prescribing the form of bond and determining the
5amount of taxes to be levied annually for each of the years in
6which said bonds are outstanding for the purpose of paying the
7interest on and the principal of such bonds.
8    The bonds shall be issued in the corporate name of the
9community college district, and they shall be signed by the
10chairman and secretary of the community college board. The
11bonds shall bear interest at a rate of not more than the
12maximum rate authorized by the Bond Authorization Act, as
13amended at the time of the making of the contract, and shall
14mature within 20 years from the date of issuance, and may be
15made callable on any interest payment date at par and accrued
16interest, after notice has been given, at the time and in the
17manner provided in the bond resolution. The proceeds of sale of
18said bonds shall be received by the community college
19treasurer, and expended by the board for the purpose provided
20in the bond resolution.
21    The community college treasurer shall, before receiving
22any of such money, execute a surety bond with a surety company
23authorized to do business in this State conditioned upon the
24faithful discharge of his duties. That surety bond must pass
25approval by the community college board and, upon such
26approval, shall be filed as otherwise required under this Act

 

 

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1for the treasurer's bond. The penalty of the surety bond shall
2be in the amount of such bond issue. The surety bond shall be
3in substantially the same form as the bond otherwise required
4under this Act for the treasurer and when so given shall fully
5describe the bond issue which it specifically covers and shall
6remain in force until the funds of the bond issue are fully
7disbursed in accordance with the law.
8    Before or at the time of issuing any bonds herein
9authorized, the city council, upon the demand and under the
10direction of the board shall, by ordinance, provide for the
11levy and collection of a direct annual tax upon all the taxable
12property within the community college district sufficient to
13pay and discharge the principal thereof at maturity and to pay
14the interest thereon as it falls due. Such tax shall be levied
15and collected in like manner with the other taxes of the
16community college district and shall be in addition to and
17exclusive of the maximum of all other taxes which the board is
18authorized by law to levy for community college purposes. Upon
19the filing in the office of the county clerk of each county
20wherein such community college district is located of a
21certified copy of any such ordinance, the county clerk shall
22extend the tax therein provided for, including an amount to
23cover loss and cost of collecting such taxes and also deferred
24collections thereof and abatements in the amounts of such taxes
25as extended upon the collector's books.
26    With respect to instruments for the payment of money issued

 

 

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1under this Section either before, on, or after the effective
2date of this amendatory Act of 1989, it is and always has been
3the intention of the General Assembly (i) that the Omnibus Bond
4Acts are and always have been supplementary grants of power to
5issue instruments in accordance with the Omnibus Bond Acts,
6regardless of any provision of this Act that may appear to be
7or to have been more restrictive than those Acts, (ii) that the
8provisions of this Section are not a limitation on the
9supplementary authority granted by the Omnibus Bond Acts, and
10(iii) that instruments issued under this Section within the
11supplementary authority granted by the Omnibus Bond Acts are
12not invalid because of any provision of this Act that may
13appear to be or to have been more restrictive than those Acts.
14(Source: P.A. 89-281, eff. 8-10-95.)
 
15    (110 ILCS 805/2-6.1 rep.)
16    (110 ILCS 805/2-11.1 rep.)
17    (110 ILCS 805/2-16.03 rep.)
18    (110 ILCS 805/2-20 rep.)
19    (110 ILCS 805/2-25 rep.)
20    (110 ILCS 805/3-7b rep.)
21    (110 ILCS 805/3-12 rep.)
22    (110 ILCS 805/3-12.1 rep.)
23    (110 ILCS 805/3-12.2 rep.)
24    (110 ILCS 805/3-20.7 rep.)
25    (110 ILCS 805/3-22.3 rep.)

 

 

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1    (110 ILCS 805/3-31.2 rep.)
2    (110 ILCS 805/3-40.2 rep.)
3    (110 ILCS 805/3-46.1 rep.)
4    (110 ILCS 805/5-8 rep.)
5    (110 ILCS 805/6-1 rep.)
6    (110 ILCS 805/6-6.1 rep.)
7    Section 15. The Public Community College Act is amended by
8repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b,
93-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1,
105-8, 6-1, and 6-6.1.

 

 

SB2905- 81 -LRB100 18795 AXK 34034 b

1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/5.325 rep.
4    110 ILCS 805/1-2from Ch. 122, par. 101-2
5    110 ILCS 805/2-11from Ch. 122, par. 102-11
6    110 ILCS 805/2-12from Ch. 122, par. 102-12
7    110 ILCS 805/2-12.1from Ch. 122, par. 102-12.1
8    110 ILCS 805/2-15from Ch. 122, par. 102-15
9    110 ILCS 805/2-16.02from Ch. 122, par. 102-16.02
10    110 ILCS 805/2-24
11    110 ILCS 805/3-7from Ch. 122, par. 103-7
12    110 ILCS 805/3-7awas 110 ILCS 805/3-7, subsec. c
13    110 ILCS 805/3-14.2from Ch. 122, par. 103-14.2
14    110 ILCS 805/3-14.3from Ch. 122, par. 103-14.3
15    110 ILCS 805/3-20.1from Ch. 122, par. 103-20.1
16    110 ILCS 805/3-22.1from Ch. 122, par. 103-22.1
17    110 ILCS 805/3-25.1from Ch. 122, par. 103-25.1
18    110 ILCS 805/3-26.1from Ch. 122, par. 103-26.1
19    110 ILCS 805/3-29from Ch. 122, par. 103-29
20    110 ILCS 805/3-40from Ch. 122, par. 103-40
21    110 ILCS 805/3-42.1from Ch. 122, par. 103-42.1
22    110 ILCS 805/3-48from Ch. 122, par. 103-48
23    110 ILCS 805/3-53
24    110 ILCS 805/5-3from Ch. 122, par. 105-3
25    110 ILCS 805/5-4from Ch. 122, par. 105-4

 

 

SB2905- 82 -LRB100 18795 AXK 34034 b

1    110 ILCS 805/5-6from Ch. 122, par. 105-6
2    110 ILCS 805/5-7from Ch. 122, par. 105-7
3    110 ILCS 805/5A-15
4    110 ILCS 805/5A-25
5    110 ILCS 805/5A-35
6    110 ILCS 805/5A-45
7    110 ILCS 805/6-2from Ch. 122, par. 106-2
8    110 ILCS 805/6-4.1from Ch. 122, par. 106-4.1
9    110 ILCS 805/6-4.2 new
10    110 ILCS 805/7-5from Ch. 122, par. 107-5
11    110 ILCS 805/7-9from Ch. 122, par. 107-9
12    110 ILCS 805/7-25from Ch. 122, par. 107-25
13    110 ILCS 805/7-26from Ch. 122, par. 107-26
14    110 ILCS 805/2-6.1 rep.
15    110 ILCS 805/2-11.1 rep.
16    110 ILCS 805/2-16.03 rep.
17    110 ILCS 805/2-20 rep.
18    110 ILCS 805/2-25 rep.
19    110 ILCS 805/3-7b rep.
20    110 ILCS 805/3-12 rep.
21    110 ILCS 805/3-12.1 rep.
22    110 ILCS 805/3-12.2 rep.
23    110 ILCS 805/3-20.7 rep.
24    110 ILCS 805/3-22.3 rep.
25    110 ILCS 805/3-31.2 rep.
26    110 ILCS 805/3-40.2 rep.

 

 

SB2905- 83 -LRB100 18795 AXK 34034 b

1    110 ILCS 805/3-46.1 rep.
2    110 ILCS 805/5-8 rep.
3    110 ILCS 805/6-1 rep.
4    110 ILCS 805/6-6.1 rep.