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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 maximize maximum freedom of transfer
23among and between community colleges and baccalaureate
24granting between community colleges and degree-granting
25institutions be available, and consistent with minimum

 

 

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

 

 

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

 

 

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

 

 

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1    community college district shall be granted 60 days
2    following the State Board staff recommendation and prior to
3    the State Board's action to respond to concerns regarding
4    the program in question. If the State Board acts to abolish
5    a community college program, the community college
6    district has a right to appeal the decision in accordance
7    with administrative rules promulgated by the State Board
8    under the provisions of the Illinois Administrative
9    Procedure Act.
10        (i) To review and approve or disapprove any contract or
11    agreement that participate in, to recommend approval or
12    disapproval, and to assist in the coordination of the
13    programs of community colleges enter into with any
14    organization, association, educational institution, or
15    government agency to provide educational services for
16    academic credit participating in programs of
17    interinstitutional cooperation with other public or
18    nonpublic institutions of higher education. The State
19    Board is authorized to monitor performance under any
20    contract or agreement that is approved by the State Board.
21    If the State Board does not approve a particular contract
22    or cooperative agreement, the community college district
23    has a right to appeal the decision in accordance with
24    administrative rules promulgated by the State Board under
25    the provisions of the Illinois Administrative Procedure
26    Act. Nothing in this subsection (i) shall be interpreted as

 

 

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

 

 

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

 

 

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

 

 

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1territory of the experimental district. Within 30 days of the
2establishment of the experimental district, the State Board
3shall file with the county clerk of the county, or counties,
4concerned a map showing the territory of the experimental
5district.
6    Within the experimental district, the State Board shall
7establish, maintain and operate, until the experimental
8district is abolished and a new community college district is
9established under subsection (c), an experimental community
10college to be known as the State Community College of East St.
11Louis.
12    (b) (Blank).
13    (c) The experimental district established under subsection
14(a) of this Section is abolished on July 1, 1996. shall be
15abolished and replaced by a new community college district as
16follows:
17        (1) The establishment of the new community college
18    district shall become effective for all purposes on July 1,
19    1996, notwithstanding any minimum population, equalized
20    assessed valuation or other requirements provided by
21    Section 3-1 or any other provision of this Act for the
22    establishment of a community college district.
23        (2) The experimental district established pursuant to
24    subsection (a) shall be abolished on July 1, 1996 when the
25    establishment of the new community college district
26    becomes effective for all purposes.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    elected at the consolidated election in 2001 and have
2    qualified. Their successors shall serve 6 year terms. Terms
3    of members are subject to Section 2A-54 of the Election
4    Code.
5        (7) The regional superintendent shall convene the
6    initial board of the new community college district on July
7    1, 1996, and the non-voting student member initially
8    selected to that board as provided in Section 3-7.24 shall
9    serve a term beginning on the date of selection and
10    expiring on the next succeeding April 15. Upon being
11    convened on July 1, 1996, the board shall proceed to
12    organize in accordance with Section 3-8, and shall
13    thereafter continue to exercise the powers and duties of a
14    board in the manner provided by law for all boards of
15    community college districts except where obviously
16    inapplicable or otherwise provided by this Act. Vacancies
17    shall be filled, and members shall serve without
18    compensation subject to reimbursement for reasonable
19    expenses incurred in connection with their service as
20    members, as provided in Section 3-7. The duly elected and
21    organized board of the new community college district shall
22    levy taxes at a rate not to exceed .175 percent for
23    educational purposes and at a rate not to exceed .05
24    percent for operations and maintenance of facilities
25    purposes; provided that the board may act to increase such
26    rates at a regular election in accordance with Section 3-14

 

 

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

 

 

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

 

 

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1East St. Louis Income Fund and the State Community College of
2East St. Louis Contracts and Grants Fund, special funds
3previously created in the State Treasury, any balances
4remaining in those special funds on August 22, 1997.
5(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
690-358, eff. 1-1-98; 90-509, eff. 8-22-97; 90-655, eff.
77-30-98.)
 
8    (110 ILCS 805/2-15)  (from Ch. 122, par. 102-15)
9    Sec. 2-15. Recognition. The State Board shall grant
10recognition to community colleges which maintain equipment,
11courses of study, standards of scholarship and other
12requirements set by the State Board. Application for
13recognition shall be made to the State Board. The State Board
14shall set the criteria by which the community colleges shall be
15judged and through the executive officer of the State Board
16shall arrange for an official evaluation of the community
17colleges and shall grant recognition of such community colleges
18as may meet the required standards.
19    Recognition shall include a review of compliance with
20Section 3-65 of this Act Public Act 99-482 and other applicable
21State and federal laws regarding employment contracts and
22compensation. Annually, the State Board shall convene an
23advisory committee to review the findings and make
24recommendations for changes or additions to the laws or the
25review procedures.

 

 

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

 

 

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

 

 

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

 

 

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1same as they were in Fiscal Year 2011, reduced or increased
2proportionately according to the appropriation for base
3operating grants for Fiscal Year 2012.
4    Equalization grants shall be calculated by the State Board
5by determining a local revenue factor for each district by: (A)
6adding (1) each district's Corporate Personal Property
7Replacement Fund allocations from the base fiscal year or the
8average of the base fiscal year and prior year, whichever is
9less, divided by the applicable statewide average tax rate to
10(2) the district's most recently audited year's equalized
11assessed valuation or the average of the most recently audited
12year and prior year, whichever is less, (B) then dividing by
13the district's audited full-time equivalent resident students
14for the base fiscal year or the average for the base fiscal
15year and the 2 prior fiscal years, whichever is greater, and
16(C) then multiplying by the applicable statewide average tax
17rate. The State Board shall calculate a statewide weighted
18average threshold by applying the same methodology to the
19totals of all districts' Corporate Personal Property Tax
20Replacement Fund allocations, equalized assessed valuations,
21and audited full-time equivalent district resident students
22and multiplying by the applicable statewide average tax rate.
23The difference between the statewide weighted average
24threshold and the local revenue factor, multiplied by the
25number of full-time equivalent resident students, shall
26determine the amount of equalization funding that each district

 

 

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1is eligible to receive. A percentage factor, as determined by
2the State Board, may be applied to the statewide threshold as a
3method for allocating equalization funding. A minimum
4equalization grant of an amount per district as determined by
5the State Board shall be established for any community college
6district which qualifies for an equalization grant based upon
7the preceding criteria, but becomes ineligible for
8equalization funding, or would have received a grant of less
9than the minimum equalization grant, due to threshold
10prorations applied to reduce equalization funding. As of July
111, 2013, a community college district eligible to receive an
12equalization grant based upon the preceding criteria must
13maintain a minimum required combined in-district tuition and
14universal fee rate per semester credit hour equal to 70% of the
15State-average combined rate, as determined by the State Board,
16or the total revenue received by the community college district
17from combined in-district tuition and universal fees must be at
18least 30% of the total revenue received by the community
19college district, as determined by the State Board, for
20equalization funding. As of July 1, 2004, a community college
21district must maintain a minimum required operating tax rate
22equal to at least 95% of its maximum authorized tax rate to
23qualify for equalization funding. This 95% minimum tax rate
24requirement shall be based upon the maximum operating tax rate
25as limited by the Property Tax Extension Limitation Law.
26    The State Board shall distribute such other grants as may

 

 

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1be authorized or appropriated by the General Assembly.
2    Each community college district entitled to State grants
3under this Section must submit a report of its enrollment to
4the State Board not later than 30 days following the end of
5each semester, quarter, or term in a format prescribed by the
6State Board. These semester credit hours, or equivalent, shall
7be certified by each district on forms provided by the State
8Board. Each district's certified semester credit hours, or
9equivalent, are subject to audit pursuant to Section 3-22.1.
10    The State Board shall certify, prepare, and submit monthly
11vouchers to the State Comptroller setting forth an amount equal
12to one-twelfth of the grants approved by the State Board for
13base operating grants and equalization grants. The State Board
14shall prepare and submit to the State Comptroller vouchers for
15payments of other grants as appropriated by the General
16Assembly. If the amount appropriated for grants is different
17from the amount provided for such grants under this Act, the
18grants shall be proportionately reduced or increased
19accordingly.
20    For the purposes of this Section, "resident student" means
21a student in a community college district who maintains
22residency in that district or meets other residency definitions
23established by the State Board, and who was enrolled either in
24one of the approved instructional program categories in that
25district, or in another community college district to which the
26resident's district is paying tuition under Section 6-2 or with

 

 

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1which the resident's district has entered into a cooperative
2agreement in lieu of such tuition. Students shall be classified
3as residents of the community college district without meeting
4the 30-day residency requirement of the district if they are
5currently residing in the district and are youth (i) who are
6currently under the legal guardianship of the Illinois
7Department of Children and Family Services or have recently
8been emancipated from the Department and (ii) who had
9previously met the 30-day residency requirement of the district
10but who had a placement change into a new community college
11district. The student, a caseworker or other personnel of the
12Department, or the student's attorney or guardian ad litem
13appointed under the Juvenile Court Act of 1987 shall provide
14the district with proof of current in-district residency.
15    For the purposes of this Section, a "full-time equivalent"
16student is equal to 30 semester credit hours.
17    The Illinois Community College Board Contracts and Grants
18Fund is hereby created in the State Treasury. Items of income
19to this fund shall include any grants, awards, endowments, or
20like proceeds, and where appropriate, other funds made
21available through contracts with governmental, public, and
22private agencies or persons. The General Assembly shall from
23time to time make appropriations payable from such fund for the
24support, improvement, and expenses of the State Board and
25Illinois community college districts.
26(Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14;

 

 

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199-845, eff. 1-1-17.)
 
2    (110 ILCS 805/2-24)
3    Sec. 2-24. We Want to Learn English Initiative.
4    (a) Subject to appropriation and Section 7 of the Board of
5Higher Education Act, the State Board may establish and
6administer a We Want to Learn English Initiative to provide
7resources for immigrants and refugees in this State to learn
8English in order to move towards becoming full members of
9American society.
10    (b) If funds are Each fiscal year, the State Board may
11include, as a separate line item, in its budget proposal
12$15,000,000 or less in funding for the We Want to Learn English
13Initiative, to be disbursed by the State Board. If the State
14Board decides to disburse the funds appropriated for this
15Initiative, then the State Board it must disburse no less than
16half of the funds appropriated each fiscal year to
17community-based, not-for-profit organizations, immigrant
18social service organizations, faith-based organizations, and
19on-site job training programs so that immigrants and refugees
20can learn English where they live, work, pray, and socialize
21and where their children go to school.
22    (c) Funds for the We Want to Learn English Initiative may
23be used only to provide programs that teach English to United
24States citizens, lawful permanent residents, and other persons
25residing in this State who are in lawful immigration status.

 

 

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1(Source: P.A. 95-638, eff. 6-1-08.)
 
2    (110 ILCS 805/3-7)  (from Ch. 122, par. 103-7)
3    Sec. 3-7. (a) The election of the members of the board of
4trustees shall be nonpartisan and shall be held at the time and
5in the manner provided in the general election law.
6    (b) Unless otherwise provided in this Act, members shall be
7elected to serve 6 year terms. The term of members elected in
81985 and thereafter shall be from the date the member is
9officially determined to be elected to the board by a canvass
10conducted pursuant to the Election Code, to the date that the
11winner of the seat is officially determined by the canvass
12conducted pursuant to the Election Code the next time the seat
13on the board is to be filled by election.
14    (c) Each member must on the date of his election be a
15citizen of the United States, of the age of 18 years or over,
16and a resident of the State and the territory which on the date
17of the election is included in the community college district
18for at least one year immediately preceding his election. In
19Community College District No. 526, each member elected at the
20consolidated election in 2005 or thereafter must also be a
21resident of the trustee district he or she represents for at
22least one year immediately preceding his or her election,
23except that in the first consolidated election for each trustee
24district following reapportionment, a candidate for the board
25may be elected from any trustee district that contains a part

 

 

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1of the trustee district in which he or she resided at the time
2of the reapportionment and may be reelected if a resident of
3the new trustee district he or she represents for one year
4prior to reelection. In the event a person who is a member of a
5common school board is elected or appointed to a board of
6trustees of a community college district, that person shall be
7permitted to serve the remainder of his or her term of office
8as a member of the common school board. Upon the expiration of
9the common school board term, that person shall not be eligible
10for election or appointment to a common school board during the
11term of office with the community college district board of
12trustees.
13    (d) Whenever a vacancy occurs, the remaining members shall
14fill the vacancy, and the person so appointed shall serve until
15a successor is elected to serve the remainder of the unexpired
16term at the next regular election for board members and is
17certified in accordance with Sections 22-17 and 22-18 of the
18Election Code. If the remaining members fail so to act within
1960 days after the vacancy occurs, the chairman of the State
20Board shall fill that vacancy, and the person so appointed
21shall serve until a successor is elected to serve the remainder
22of the unexpired term at the next regular election for board
23members and is certified in accordance with Sections 22-17 and
2422-18 of the Election Code. The person appointed to fill the
25vacancy shall have the same residential qualifications as his
26predecessor in office was required to have. In either instance,

 

 

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1if the vacancy occurs with less than 4 months remaining before
2the next scheduled consolidated election, and the term of
3office of the board member vacating the position is not
4scheduled to expire at that election, then the term of the
5person so appointed shall extend through that election and
6until the succeeding consolidated election. If the term of
7office of the board member vacating the position is scheduled
8to expire at the upcoming consolidated election, the appointed
9member shall serve only until a successor is elected and
10qualified at that election.
11    (e) Members of the board shall serve without compensation
12but shall be reimbursed for their reasonable expenses incurred
13in connection with their service as members. Compensation, for
14purposes of this Section, means any salary or other benefits
15not expressly authorized by this Act to be provided or paid to,
16for or on behalf of members of the board. The board of each
17community college district may adopt a policy providing for the
18issuance of bank credit cards, for use by any board member who
19requests the same in writing and agrees to use the card only
20for the reasonable expenses which he or she incurs in
21connection with his or her service as a board member. Expenses
22charged to such credit cards shall be accounted for separately
23and shall be submitted to the chief financial officer of the
24district for review prior to being reported to the board at its
25next regular meeting.
26    (f) The Except in an election of the initial board for a

 

 

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1new community college district created pursuant to Section
26-6.1, the ballot for the election of members of the board for
3a community college district shall indicate the length of term
4for each office to be filled. In the election of a board for
5any community college district, the ballot shall not contain
6any political party designation.
7(Source: P.A. 100-273, eff. 8-22-17.)
 
8    (110 ILCS 805/3-7a)  (was 110 ILCS 805/3-7, subsec. (c))
9    Sec. 3-7a. Trustee districts; Community College District
10No. 522. A board of trustees of a community college district
11which is contiguous or has been contiguous to an experimental
12community college district as authorized and defined by Article
13IV of this Act may, on its own motion, or shall, upon the
14petition of the lesser of 1/10 or 2,000 of the voters
15registered in the district, order submitted to the voters of
16the district at the next general election the proposition for
17the election of board members by trustee district rather than
18at large, and such proposition shall thereupon be certified by
19the secretary of the board to the proper election authority in
20accordance with the general election law for submission.
21    If the proposition is approved by a majority of those
22voting on the proposition, the State Board of Elections, in
231991, shall reapportion the trustee districts to reflect the
24results of the last decennial census, and shall divide the
25community college district into 7 trustee districts, each of

 

 

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1which shall be compact, contiguous and substantially equal in
2population to each other district. In 2001, and in the year
3following each decennial census thereafter, the board of
4trustees of community college District #522 shall reapportion
5the trustee districts to reflect the results of the census, and
6shall divide the community college district into 7 trustee
7districts, each of which shall be compact, contiguous, and
8substantially equal in population to each other district. The
9division of the community college district into trustee
10districts shall be completed and formally approved by a
11majority of the members of the board of trustees of community
12college District #522 in 2001 and in the year following each
13decennial census. At the same meeting of the board of trustees,
14the board shall, publicly by lot, divide the trustee districts
15as equally as possible into 2 groups. Beginning in 2003 and
16every 10 years thereafter, trustees or their successors from
17one group shall be elected for successive terms of 4 years and
186 years; and members or their successors from the second group
19shall be elected for successive terms of 6 years and 4 years.
20One member shall be elected from each such trustee district.
21Each member elected in 2001 shall be elected at the 2001
22consolidated election from the trustee districts established
23in 1991. The term of each member elected in 2001 shall end on
24the date that the trustees elected in 2003 are officially
25determined by a canvass conducted pursuant to the Election
26Code.

 

 

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1(Source: P.A. 97-539, eff. 8-23-11.)
 
2    (110 ILCS 805/3-14.2)  (from Ch. 122, par. 103-14.2)
3    Sec. 3-14.2. In addition to any other tax levies authorized
4by law, the board of a community college district (1) whose
5boundaries are entirely within a county with a population in
6excess of 2 million persons and (2) which was organized as a
7public junior college prior to October 1, 1973, and (3) whose
8existence was validated by an Act filed with the Secretary of
9State on May 31, 1937, may levy an additional tax upon the
10taxable property of the district in any year in which the State
11Board issues a certificate of eligibility to do so. The
12additional tax may be used to increase the total taxing
13authority of the district to the rate of 23.54 cents per $100
14of equalized assessed value for educational and operations,
15building and maintenance purposes.
16    In order to be eligible to levy the additional tax as
17provided herein, the district shall have been eligible to
18receive equalization grants pursuant to Section 2-16.02 102-16
19for each of the five fiscal years in the period 1984 to 1988.
20    The additional amount certified by the State Board to be
21levied shall not exceed the combined increases in the
22educational and operations, building and maintenance purposes
23funds authorized in Section 3-14. The State Board shall notify
24the board of trustees of the community college district of its
25eligibility to levy additional taxes as authorized in this

 

 

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1Section and the amount of such levy, by November 1, 1988.
2    A resolution, adopted pursuant to the provisions of the
3Open Meetings Act, which expresses the district's intent to
4levy such a tax, or a portion thereof, when accompanied by the
5State Board certificate of eligibility, shall be the authority
6for the county clerk or clerks to extend such a tax. The
7district board shall cause a copy of the resolution to be
8published in one or more newspapers published in the district
9within 10 days after such levy is made. If no newspaper is
10published in the district, the resolution shall be published in
11a newspaper having general circulation within the district. The
12publication of the resolution shall include a notice of (1) the
13specific number of voters required to sign a petition
14requesting that the question of the adoption of the tax levy be
15submitted to the voters of the district; (2) the time within
16which the petition must be filed; and (3) the date of the
17prospective referendum. The district secretary shall provide a
18petition form to any individual requesting one.
19    If within 30 days of the adoption of such additional levy,
20a petition is filed with the secretary of the board of
21trustees, signed by not less than 10% of the voters of the
22district, requesting that the proposition to levy such
23additional taxes as authorized by this Section be submitted to
24the voters of the district, then the district shall not be
25authorized to levy such additional taxes as permitted by this
26Section until the proposition has been submitted to and

 

 

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1approved by a majority of the voters voting on the proposition
2at a regularly scheduled election in the manner provided in the
3general election law. The secretary shall certify the
4proposition to the proper election authority for submission to
5the voters. If no such petition with the requisite number of
6signatures and which is otherwise valid is filed within such 30
7day period, then the district shall thereafter be authorized to
8levy such additional taxes as provided and for the purposes
9expressed in this Section.
10(Source: P.A. 85-1150; 86-1253.)
 
11    (110 ILCS 805/3-14.3)  (from Ch. 122, par. 103-14.3)
12    Sec. 3-14.3. In addition to any other tax levies authorized
13by law, the board of a community college district may levy an
14additional tax upon the taxable property of the district in any
15year in which the State Board issues a certificate of
16eligibility to do so. The additional tax may be used to
17increase the total taxing authority of the district to the most
18recently reported statewide average actual levy rate in cents
19per $100 of equalized assessed value for educational and
20operations and maintenance purposes as certified by the State
21Board.
22    In order to be eligible to levy the additional tax as
23provided herein, the district shall have been eligible to
24receive equalization grants pursuant to Section 2-16 or
252-16.02, as the case may be, in the year of eligibility

 

 

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

 

 

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1trustees, signed by not less than 10% of the registered voters
2of the district, requesting that the proposition to levy such
3additional taxes as authorized by this Section be submitted to
4the voters of the district, then the district shall not be
5authorized to levy such additional taxes as permitted by this
6Section until the proposition has been submitted to and
7approved by a majority of the voters voting on the proposition
8at a regularly scheduled election in the manner provided in the
9general election law. The secretary shall certify the
10proposition to the proper election authority for submission to
11the voters. If no such petition with the requisite number of
12signatures and which is otherwise valid is filed within such 30
13day period, then the district shall be authorized to levy such
14additional taxes as provided for the purposes expressed in this
15Section.
16(Source: P.A. 86-360; 87-1018.)
 
17    (110 ILCS 805/3-20.1)  (from Ch. 122, par. 103-20.1)
18    Sec. 3-20.1. The board of each community college district
19shall within or before the first quarter of each fiscal year,
20adopt an annual budget which it deems necessary to defray all
21necessary expenses and liabilities of the district, and in such
22annual budget shall specify the objects and purposes of each
23item and amount needed for each object or purpose. The board of
24each community college district shall file a written or
25electronic copy of the annual budget with the State Board.

 

 

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1    The budget shall contain a statement of the cash on hand at
2the beginning of the fiscal year, an estimate of the cash
3expected to be received during such fiscal year from all
4sources, an estimate of the expenditures contemplated for such
5fiscal year, and a statement of the estimated cash expected to
6be on hand at the end of such year. The estimate of taxes to be
7received may be based upon the amount of actual cash receipts
8that may reasonably be expected by the district during such
9fiscal year, estimated from the experience of the district in
10prior years and with due regard for other circumstances that
11may substantially affect such receipts. Nothing in this Section
12shall be construed as requiring any district to change or
13preventing any district from changing from a cash basis of
14financing to a surplus or deficit basis of financing; or as
15requiring any district to change or preventing any district
16from changing its system of accounting.
17    The board of each community college district shall fix a
18fiscal year. If the beginning of the fiscal year of a district
19is subsequent to the time that the tax levy for such fiscal
20year shall be made, then such annual budget shall be adopted
21prior to the time such tax levy shall be made.
22    Such budget shall be prepared in tentative form by some
23person or persons designated by the board, and in such
24tentative form shall be made conveniently available to public
25inspection for at least 30 days prior to final action thereon.
26At least one public hearing shall be held as to such budget

 

 

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1prior to final action thereon. Notice of availability for
2public inspection and of such public hearing shall be given by
3publication in a newspaper published in such district, at least
430 days prior to the time of such hearing. If there is no
5newspaper published in such district, notice of such public
6hearing shall be given by publication in a newspaper having
7general circulation within the district posting notices
8thereof in 5 of the most public places in such district. It
9shall be the duty of the secretary of the board to make the
10tentative budget available to public inspection, and to arrange
11for such public hearing. The board may from time to time make
12transfers between the various items in any fund not exceeding
13in the aggregate 10% of the total of such fund as set forth in
14the budget. The board may amend the annual budget from time to
15time at a regular meeting of the board if public notice of any
16amendment is provided pursuant to the Open Meetings Act. The
17board may from time to time amend such budget by the same
18procedure as is herein provided for its original adoption.
19(Source: P.A. 78-669.)
 
20    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
21    Sec. 3-22.1. To cause an audit to be made as of the end of
22each fiscal year by an accountant licensed to practice public
23accounting in Illinois and appointed by the board. The auditor
24shall perform his or her examination in accordance with
25generally accepted auditing standards and regulations

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1of the State Board and the Illinois Board of Higher Education.
2Any initial contract with a public university or a private
3degree-granting college or university entered into on or after
4July 1, 2016 shall have prior approval of the State Board.
5(Source: P.A. 99-655, eff. 7-28-16.)
 
6    (110 ILCS 805/3-42.1)  (from Ch. 122, par. 103-42.1)
7    Sec. 3-42.1. (a) To appoint law enforcement officer and
8non-law enforcement officer members of the community college
9district police department or department of public safety.
10    (b) Members of the community college district police
11department or department of public safety who are law
12enforcement officers, as defined in the Illinois Police
13Training Act, shall be peace officers under the laws of this
14State. As such, law enforcement officer members of these
15departments shall have all of the powers of police officers in
16cities and sheriffs in counties, including the power to make
17arrests on view or on warrants for violations of State statutes
18and to enforce county or city ordinances in all counties that
19lie within the community college district, when such is
20required for the protection of community college personnel,
21students, property, or interests. Such officers shall have no
22power to serve and execute civil process.
23    As peace officers in this State, all laws pertaining to
24hiring, training, retention, service authority, and discipline
25of police officers, under State law, shall apply. Law

 

 

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

 

 

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1    All non-law enforcement officer members authorized to
2carry weapons, other than firearms, shall receive training on
3the proper deployment and use of force regarding such weapons.
4(Source: P.A. 96-269, eff. 8-11-09.)
 
5    (110 ILCS 805/3-48)  (from Ch. 122, par. 103-48)
6    Sec. 3-48. Interest of board member in contracts.
7    (a) Except as otherwise provided in this Section, no No
8community college board member shall be interested, directly or
9indirectly, in his own name or in the name of any other person,
10association, trust or corporation, in any contract, work, or
11business of the district or in the sale of any article,
12whenever the expense, price, or consideration of the contract,
13work, business, or sale is paid either from the treasury or by
14any assessment levied by any statute or ordinance. A community
15college board member shall not be deemed interested if the
16board member is an employee of a business that is involved in
17the transaction of business with the district and has no
18financial interests other than as an employee. Except as
19otherwise provided in this Section, no No community college
20board member shall be interested, directly or indirectly, in
21the purchase of any property which (1) belongs to the district,
22or (2) is sold for taxes or assessments, or (3) is sold by
23virtue of legal process at the suit of the district.
24    (b) A However, any board member may provide materials,
25merchandise, property, services, or labor, if:

 

 

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

 

 

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1    vote of the board provided that any such interested member
2    shall abstain from voting; and
3        B. the amount of the contract does not exceed $250; and
4        C. the award of the contract would not cause the
5    aggregate amount of all such contracts so awarded to the
6    same person, firm, association, partnership, corporation,
7    or cooperative association in the same fiscal year to
8    exceed $500; and
9        D. such interested member publicly discloses the
10    nature and extent of his interest prior to or during
11    deliberations concerning the proposed award of the
12    contract; and
13        E. such interested member abstains from voting on the
14    award of the contract, though he shall be considered
15    present for the purposes of establishing a quorum.
16    (d) A contract for the procurement of public utility
17services by a district with a public utility company is not
18barred by this Section by one or more members of the board
19being an officer or employee of the public utility company or
20holding an ownership interest of no more than 7 1/2% in the
21public utility company. A An elected or appointed member of the
22board having such an interest shall be deemed not to have a
23prohibited interest under this Section.
24    (e) This Section does not prohibit a student member of the
25board from maintaining official status as an enrolled student,
26from maintaining normal student employment at the college or

 

 

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1from receiving scholarships or grants when the eligibility for
2the scholarships or grants is not determined by the board.
3    (f) Nothing contained in this Section shall preclude a
4contract of deposit of monies, loans or other financial
5services by a district with a local bank or local savings and
6loan association, regardless of whether a member or members of
7the community college board are interested in such bank or
8savings and loan association as a director, as an officer or
9employee or as a holder of less than 7 1/2% of the total
10ownership interest. A member or members holding such an
11interest in such a contract shall not be deemed to be holding a
12prohibited interest for purposes of this Act. Such interested
13member or members of the community college board must publicly
14state the nature and extent of their interest during
15deliberations concerning the proposed award of such a contract,
16but shall not participate in any further deliberations
17concerning the proposed award. Such interested member or
18members shall not vote on such a proposed award. Any member or
19members abstaining from participation in deliberations and
20voting under this Section may be considered present for
21purposes of establishing a quorum. Award of such a contract
22shall require approval by a majority vote of those members
23presently holding office. Consideration and award of any such
24contract in which a member or members are interested may only
25be made at a regularly scheduled public meeting of the
26community college board.

 

 

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1    (g) Any board member who violates this Section is guilty of
2a Class 4 felony and in addition thereto any office held by
3such person so convicted shall become vacant and shall be so
4declared as part of the judgment of the court.
5(Source: P.A. 86-930.)
 
6    (110 ILCS 805/3-53)
7    Sec. 3-53. Private-public partnership boards.
8    (a) In this Section:
9    "Advanced manufacturing technology" means a program of
10study that leads students to an industry certification,
11diploma, degree, or combination of these in skills and
12competencies needed by manufacturers.
13    "Industry certification" means an industry-recognized
14credential that is (i) industry created, (ii) nationally
15portable, (iii) third-party-validated by either the
16International Organization for Standardization or the American
17National Standards Institute and is data-based and supported.
18    "Institution" means a public high school or community
19college, including a community college in a community college
20district to which Article 7 of this Act applies, that offers
21instruction in advanced manufacturing technology for credit
22towards a degree.
23    "Private-public partnership board" means a formal group of
24volunteers within a community college district that may be
25comprised of some, but not necessarily all, of the following:

 

 

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

 

 

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1    manufacturing technology; and
2        (7) establish, as its foundation, the certified
3    production technician credential offered by the
4    Manufacturing Skill Standards Council or its successor
5    entity.
6(Source: P.A. 98-1069, eff. 8-26-14.)
 
7    (110 ILCS 805/5-3)  (from Ch. 122, par. 105-3)
8    Sec. 5-3. Community college districts desiring to
9participate in the program authorized in Section 5-1 of this
10Act shall make a written application to the State Board on
11forms provided by such Board. The State Board may require the
12following information:
13        (a) Description of present facilities and those
14    planned for construction.
15        (b) Present community college enrollment.
16        (c) (Blank). The projected enrollment over the next 5
17    years. However, no application shall be accepted unless
18    such district contains 3 counties, or that portion of 3
19    counties not included in an existing community college
20    district, or the projected enrollment shows more than 1,000
21    fulltime equivalent students within 5 years in districts
22    outside the Chicago standard metropolitan area and more
23    than 2,000 fulltime equivalent students in the Chicago
24    standard metropolitan area, such area as defined by U.S.
25    Bureau of Census.

 

 

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

 

 

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

 

 

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1community college district at market value as determined at the
2time the contribution is made to the Capital Development Board
3in accordance with the program and budget, the plan as approved
4by the State Board by 3 licensed appraisers appointed by the
5State Board, except that where a community college district has
6acquired such lands without cost or for a consideration
7substantially less than the market value thereof at the time of
8acquisition, the amount of the community college district's
9contribution for the land shall be limited (a) to the
10difference, if any, between the appraised market value at the
11time of acquisition and the appraised market value at the time
12the contribution is made to the Capital Development Board, if
13the grantor is the Federal government, (except that no property
14acquired prior to December 18, 1975 shall be affected by the
15provisions of this section), or any department, agency, board
16or commission thereof or (b) to the actual amount, if any, of
17the consideration paid for the land if the grantor is the State
18of Illinois or any department, agency, board or commission
19thereof.
20    In the event the highest appraisal exceeds the average of
21the other two appraisals by more than 10%, such appraisal shall
22not be considered in determining the market value of the land
23and a new appraiser shall be appointed by the State Board, who
24shall re-appraise the land. The re-appraisal shall then become
25the third appraisal as required by this section. The cost of
26the appraisement shall be paid by the community college

 

 

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1district.
2(Source: P.A. 84-1308.)
 
3    (110 ILCS 805/5-7)  (from Ch. 122, par. 105-7)
4    Sec. 5-7. Transfer of funds or designation of real
5property. As part of Prior to entering into an agreement with
6the Capital Development Board, the community college board
7shall transfer to the Capital Development Board funds or
8designate for building purposes any real property it may own,
9either improved or unimproved, situated within the
10geographical boundaries of such community college district, or
11both, in an amount equal to at least 25% of the total amount
12necessary to finance the project, except that no real property
13may be so designated, unless prior to its acquisition by the
14community college district after December 18, 1975 the Capital
15Development Board has had an opportunity to evaluate the land
16and issue a report concerning its suitability for construction
17purposes. Of the total funds transferred from the community
18college board to the Capital Development Board, an amount equal
19to 40% of each of the fees under an architect or engineer
20contract, including any reimbursable items under the contract
21to cover contractual obligations through the design
22development phase of the project, shall be transferred prior to
23the signing of the contract. Prior to approval to proceed
24beyond the design development stage or to advertising the first
25bid package of a phased-bid project, whichever comes first, the

 

 

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

 

 

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1funds, including renewable energy credits and carbon credits.
2(Source: P.A. 88-173.)
 
3    (110 ILCS 805/5A-25)
4    Sec. 5A-25. Request for proposals. "Request for proposals"
5means a competitive selection achieved by negotiated
6procurement. The request for proposals shall be submitted to
7the administrators of the Capital Development Board announced
8in the Illinois Procurement Bulletin for publication and
9through at least one public notice, at least 14 days before the
10request date in a newspaper published in the district, or if no
11newspaper is published in the district, in a newspaper of
12general circulation in the area of the district, by a community
13college district that will administer the program, requesting
14innovative solutions and proposals for energy conservation
15measures. Proposals submitted shall be sealed. The request for
16proposals shall include all of the following:
17        (1) The name and address of the community college
18    district.
19        (2) The name, address, title, and phone number of a
20    contact person.
21        (3) Notice indicating that the community college
22    district is requesting qualified providers to propose
23    energy conservation measures through a guaranteed energy
24    savings contract.
25        (4) The date, time, and place where proposals must be

 

 

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

 

 

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1costs, or both, within a 20-year period from the date of
2installation, if the recommendations in the proposal are
3followed. Contracts let or awarded shall be submitted to the
4administrators of the Capital Development Board Procurement
5Bulletin for publication published in the next available
6subsequent Illinois Procurement Bulletin.
7(Source: P.A. 94-1062, eff. 7-31-06.)
 
8    (110 ILCS 805/5A-45)
9    Sec. 5A-45. Installment payment contract; lease purchase
10agreement. A community college district or 2 or more such
11districts in combination may enter into an installment payment
12contract or lease purchase agreement with a qualified provider
13or with a third-party lender, as authorized by law, for the
14funding or financing of the purchase and installation of energy
15conservation measures by a qualified provider. Every community
16college district may issue certificates evidencing the
17indebtedness incurred pursuant to the contracts or agreements.
18Any such contract or agreement shall be valid whether or not an
19appropriation with respect thereto is first included in any
20annual or additional or supplemental budget adopted by the
21community college district. Each contract or agreement entered
22into by a community college district pursuant to this Section
23shall be authorized by official action resolution of the
24community college board. The authority granted under this
25Section is in addition to any other authority granted by law.

 

 

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1(Source: P.A. 95-612, eff. 9-11-07.)
 
2    (110 ILCS 805/6-2)  (from Ch. 122, par. 106-2)
3    Sec. 6-2. Any graduate of a recognized high school or
4student otherwise qualified to attend a public community
5college and residing outside a community college district but
6within this State who notifies the board of education of his
7district may, subject to Section 3-17, attend any recognized
8public community college in the State at the tuition rate of a
9student residing in the district. Subject to appropriation,
10which he chooses, and the State Board board of education of
11that district shall pay the difference between the in-district
12and out-of-district tuition amounts to the community college
13district his tuition, as defined herein, for any semester,
14quarter or term of that academic year and the following summer
15term from the educational fund or the proceeds of a levy made
16under Section 6-1. In addition, any graduate of a recognized
17high school or student otherwise qualified to attend a public
18community college and residing in a new community college
19district formed pursuant to Section 6-6.1 who notifies the
20board of education of his district may, subject to the
21provisions of Section 3-17, attend any recognized public
22community college in the State, and the board of education of
23that district shall pay his tuition until January 1, 1991. If a
24resident is not eligible for tuition for a summer term because
25he did not notify his board of education by the previous

 

 

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1September 15, he may become eligible for that tuition for a
2summer term by giving notice to the board of education by May
315 preceding his enrollment for the summer term. Such tuition
4may not 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 in the manner set forth below. The
8community college per capita cost shall be computed, in a
9manner consistent with any accounting system prescribed by the
10State Board, by adding all of the non-capital expenditures,
11including interest, to the depreciation on capital outlay
12expenditures paid from sources other than State and Federal
13funds and then dividing by the number of full-time equivalent
14students for the fiscal year as defined in this Section. The
15community college tuition to be charged to the district of the
16student's residence shall be computed, in a manner consistent
17with any accounting system prescribed by the State Board, by
18adding all of the non-capital expenditures for the previous
19year, including interest, to the depreciation on capital outlay
20expenditures paid from sources other than State and Federal
21funds less any payments toward non-capital expenditures
22received from State and Federal sources for the previous year
23except grants through the State Board, as authorized in Section
242-16 or 2-16.02, as the case may be, and then dividing by the
25number of full-time equivalent students for that fiscal year as
26defined in this Section; this average per student computation

 

 

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1shall be converted to a semester hour or quarter hour base and
2further reduced by the combined rate of State grants other than
3equalization grants for the current year as provided for in
4Section 2-16.02 and any rate of tuition and fees assessed all
5students for the current year as authorized in Section 6-4.
6    Any person who has notified the board of education of his
7or her district as provided above and who is a resident of that
8district at the time of such notification shall have his or her
9tuition paid by that district for that academic year and the
10following summer term so long as he or she resides in Illinois
11outside a community college district. If he or she becomes a
12resident of a community college district, he or she shall be
13classified as a resident of that district at the beginning of
14any semester, quarter or term following that change of
15residence and the State Board shall no longer pay the
16difference in tuition rates.
17    If a resident of a community college district wishes to
18attend the community college maintained by the district of his
19or her residence but the program in which the student wishes to
20enroll is not offered by that community college, and the
21community college maintained by the district of his residence
22does not have a contractual agreement under Section 3-40 of
23this Act for such program, the student may attend any
24recognized public community college in some other district,
25subject to the provisions of Section 3-17, and have his or her
26tuition, as defined herein, paid by the community college

 

 

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1district of his or her residence while enrolled in a program at
2that college which is not offered by his or her home community
3college if he or she makes application to his or her home board
4at least 30 days prior to the beginning of any semester,
5quarter or term in accordance with rules, regulations and
6procedures established and published by his or her home board.
7The payment of tuition by his or her district of residence may
8not exceed the per capita cost of the community college
9attended for the previous year, or in the case of the first
10year of operation the estimated per capita cost, less certain
11deductions, to be computed by adding all of the non-capital
12expenditures for the previous year, including interest, to the
13depreciation on the capital outlay expenditures paid from
14sources other than State and federal funds, less any payments
15toward non-capital expenditures received from State and
16federal sources for the previous year (except for grants
17through the State Board under Section 2-16.02 of this Act), and
18dividing that amount by the number of full-time equivalent
19students for that fiscal year as defined under this Section.
20This average per student computation shall be converted to a
21semester hour base and further reduced by the combined rate of
22State grants, other than equalization grants for the current
23year as provided under Section 2-16.02 of this Act, and any
24rate of tuition and fees assessed for all students for the
25current year as authorized under Section 6-4 of this Act. in
26the manner set forth above for the community college tuition to

 

 

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1be charged to the district of the student's residence.
2    Payment shall be made hereunder to the community college
3district of attendance immediately upon receipt, by the
4district liable for the payment, of a statement from that
5community college district of the amount due it. Before sending
6such a statement requesting payment, however, the community
7college district of attendance shall make all calculations and
8deductions required under this Section so that the amount
9requested for payment is the exact amount required under this
10Section to be paid by the district liable for payment.
11    If the moneys in the educational fund or the proceeds from
12a levy made under Section 6-1 of a district liable for payments
13under this Section are insufficient to meet such payments, the
14district liable for such payments may issue tax anticipation
15warrants as provided in Section 3-20.10.
16    A full-time equivalent student for a semester, quarter or
17term is defined as a student doing 15 semester hours of work
18per semester or 15 quarter hours of work per quarter or the
19equivalent thereof, and the number of full-time equivalent
20students enrolled per term shall be determined by dividing by
2115 the total number of semester hours or quarter hours of work
22for which State Board grants are received, or the equivalent
23thereof, carried by all students of the college through the
24mid-term of each semester, quarter or term. The number of
25full-time equivalent students for a fiscal year shall be
26computed by adding the total number of semester hours or

 

 

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1quarter hours of work or the equivalent thereof carried by all
2students of the college through the mid-term of each semester,
3quarter or term during that fiscal year and dividing that sum
4by 30 semester hours or 45 quarter hours or the equivalent
5thereof depending upon the credit hour system utilized by the
6college. Tuition of students carrying more or less than 15
7semester hours of work per semester or 15 quarter hours of work
8per quarter or the equivalent thereof shall be computed in the
9proportion which the number of hours so carried bears to 15
10semester hours or 15 quarter hours or the equivalent thereof.
11    If the United States Government, the State of Illinois, or
12any agency pays tuition for any community college student,
13neither the district of residence of the student nor the
14student may be required to pay that tuition or such part
15thereof as is otherwise paid. No part of the State's financial
16responsibility provided for in Section 2-16 may be transferred
17to a student's district of residence under this Section.
18(Source: P.A. 86-469; 86-1246; 87-1018.)
 
19    (110 ILCS 805/6-4.1)  (from Ch. 122, par. 106-4.1)
20    Sec. 6-4.1. If a resident of Illinois qualifies for
21admission to a public community college under Section 3-17 but
22does not qualify for financial support under Section 6-2, he
23may be enrolled in the college upon payment of the difference
24between the per capita cost as defined in Section 6-2 less any
25payments toward noncapital expenditures received from State

 

 

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1and federal sources for the previous year except grants through
2the State Board as authorized in Section 2-16 or 2-16.02, as
3the case may be, converted to a semester hour or quarter hour
4base, and the combined rate of State grants other than
5equalization grants for the current year as authorized in
6Section 2-16.02, notwithstanding tuition limits of Section
76-4. Subject to Section 3-17, a public community college may
8accept out-of-state students upon payment of the per capita
9cost as defined in Section 6-2. Notwithstanding the provisions
10of this Section, the out-of-district or out-of-state tuition,
11whichever is applicable, may be waived for a student who is
12employed for at least 35 hours per week by an entity located in
13the district or is enrolled in a course that is being provided
14under terms of a contract for services between the employing
15entity and the college.
16(Source: P.A. 86-1246; 87-741; 87-1018.)
 
17    (110 ILCS 805/6-4.2 new)
18    Sec. 6-4.2. In-district tuition charge. Notwithstanding
19any other provision of law or administrative rule to the
20contrary, for tuition purposes, a student shall be classified
21as a resident of a community college district after
22establishing the 30-day residency requirement of the district.
 
23    (110 ILCS 805/7-5)  (from Ch. 122, par. 107-5)
24    Sec. 7-5. The Until January 1, 1972, the fiscal year of the

 

 

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

 

 

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

 

 

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

 

 

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1is known to or could be discovered by the board that would
2require a different estimate or because the board might have
3amended these estimates under Section 7-12.
4(Source: P.A. 85-1335.)
 
5    (110 ILCS 805/7-25)  (from Ch. 122, par. 107-25)
6    Sec. 7-25. Issuance of bonds; terms and sale. The board may
7incur an indebtedness and issue bonds for the purpose of
8erecting, purchasing or otherwise acquiring buildings suitable
9for community college use, transferring funds to the Capital
10Development Board Illinois Building Authority for community
11college building purposes, erecting temporary community
12college structures, erecting additions to, repairing,
13rehabilitating and replacing existing community college
14buildings and temporary community college structures,
15furnishing and equipping community college buildings and
16temporary community college structures, and purchasing or
17otherwise acquiring and improving sites for such purposes.
18    The bonds may not be issued until the proposition of
19authorizing such bonds has been certified to the proper
20election officials, who shall have submitted it to the electors
21of the city at a regular scheduled election in accordance with
22the general election law, and approved by a majority of the
23electors voting upon that question.
24    The board shall adopt a resolution providing for certifying
25that proposition for such an election. In addition to the

 

 

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

 

 

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

 

 

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

 

 

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1upon its passage.
2    With respect to instruments for the payment of money issued
3under this Section either before, on, or after the effective
4date of this amendatory Act of 1989, it is and always has been
5the intention of the General Assembly (i) that the Omnibus Bond
6Acts are and always have been supplementary grants of power to
7issue instruments in accordance with the Omnibus Bond Acts,
8regardless of any provision of this Act that may appear to be
9or to have been more restrictive than those Acts, (ii) that the
10provisions of this Section are not a limitation on the
11supplementary authority granted by the Omnibus Bond Acts, and
12(iii) that instruments issued under this Section within the
13supplementary authority granted by the Omnibus Bond Acts are
14not invalid because of any provision of this Act that may
15appear to be or to have been more restrictive than those Acts.
16(Source: P.A. 89-281, eff. 8-10-95.)
 
17    (110 ILCS 805/7-26)  (from Ch. 122, par. 107-26)
18    Sec. 7-26. Issuance of bonds not exceeding $15,000,000
19aggregate. The board may incur an indebtedness and issue bonds
20therefor in an amount or amounts not to exceed in the aggregate
21$15,000,000 for the purpose of erecting, purchasing, or
22otherwise acquiring buildings suitable for community college
23use, transferring funds to the Capital Development Board
24Illinois Building Authority for community college building
25purposes, erecting temporary community college structures,

 

 

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

 

 

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

 

 

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

 

 

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1cover loss and cost of collecting such taxes and also deferred
2collections thereof and abatements in the amounts of such taxes
3as extended upon the collector's books.
4    With respect to instruments for the payment of money issued
5under this Section either before, on, or after the effective
6date of this amendatory Act of 1989, it is and always has been
7the intention of the General Assembly (i) that the Omnibus Bond
8Acts are and always have been supplementary grants of power to
9issue instruments in accordance with the Omnibus Bond Acts,
10regardless of any provision of this Act that may appear to be
11or to have been more restrictive than those Acts, (ii) that the
12provisions of this Section are not a limitation on the
13supplementary authority granted by the Omnibus Bond Acts, and
14(iii) that instruments issued under this Section within the
15supplementary authority granted by the Omnibus Bond Acts are
16not invalid because of any provision of this Act that may
17appear to be or to have been more restrictive than those Acts.
18(Source: P.A. 89-281, eff. 8-10-95.)
 
19    (110 ILCS 805/2-6.1 rep.)
20    (110 ILCS 805/2-11.1 rep.)
21    (110 ILCS 805/2-16.03 rep.)
22    (110 ILCS 805/2-20 rep.)
23    (110 ILCS 805/2-25 rep.)
24    (110 ILCS 805/3-7b rep.)
25    (110 ILCS 805/3-12 rep.)

 

 

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1    (110 ILCS 805/3-12.1 rep.)
2    (110 ILCS 805/3-12.2 rep.)
3    (110 ILCS 805/3-20.7 rep.)
4    (110 ILCS 805/3-22.3 rep.)
5    (110 ILCS 805/3-31.2 rep.)
6    (110 ILCS 805/3-40.2 rep.)
7    (110 ILCS 805/3-46.1 rep.)
8    (110 ILCS 805/5-8 rep.)
9    (110 ILCS 805/6-1 rep.)
10    (110 ILCS 805/6-6.1 rep.)
11    Section 15. The Public Community College Act is amended by
12repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b,
133-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1,
145-8, 6-1, and 6-6.1.

 

 

SB2905 Enrolled- 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 Enrolled- 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 Enrolled- 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.