Public Act 100-0884
 
SB2905 EnrolledLRB100 18795 AXK 34034 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (30 ILCS 105/5.325 rep.)
    Section 5. The State Finance Act is amended by repealing
Section 5.325.
 
    Section 10. The Public Community College Act is amended by
changing Sections 1-2, 2-11, 2-12, 2-12.1, 2-15, 2-16.02, 2-24,
3-7, 3-7a, 3-14.2, 3-14.3, 3-20.1, 3-22.1, 3-25.1, 3-26.1,
3-29, 3-40, 3-42.1, 3-48, 3-53, 5-3, 5-4, 5-6, 5-7, 5A-15,
5A-25, 5A-35, 5A-45, 6-2, 6-4.1, 7-5, 7-9, 7-25, and 7-26 and
by adding Section 6-4.2 as follows:
 
    (110 ILCS 805/1-2)  (from Ch. 122, par. 101-2)
    Sec. 1-2. The following terms have the meanings
respectively prescribed for them except as the context
otherwise requires:
    (a) "Board of Higher Education": The Board of Higher
Education created by "An Act creating a Board of Higher
Education, defining its powers and duties, making an
appropriation therefor, and repealing an Act herein named",
approved August 22, 1961, as now or hereafter amended.
    (b) "State Board": Illinois Community College Board
created by Article II of this Act.
    (c) "Community Colleges": Public community colleges
existing in community college districts organized under this
Act, or public community colleges which prior to October 1,
1973, were organized as public junior colleges under this Act,
or public community colleges existing in districts accepted as
community college districts under this Act which districts have
a population of not less than 30,000 inhabitants or consist of
at least 3 counties or that portion of 3 counties not included
in a community college district and an assessed valuation of
not less than $75,000,000 and which districts levy a tax for
community college purposes.
    (d) "Community College Districts": Districts authorized to
maintain community colleges under this Act, including
community college districts which prior to October 1, 1973,
were established under this Act as public junior college
districts.
    (e) "Comprehensive community college program": A program
offered by a community college which includes (1) courses in
liberal arts and sciences and general education; (2) adult
education courses; and (3) courses in occupational,
semi-technical or technical fields leading directly to
employment. At least 15% of all courses taught must be in
fields leading directly to employment, one-half of which
courses to be in fields other than business education.
    (f) "Common Schools": Schools in districts operating
grades 1 through 8, 1 through 12 or 9 through 12.
    (g) "Board": The board of trustees of a community college
district, whether elected or appointed.
    (h) "The election for the establishment": An election to
establish a community college district under Article III, or an
election to establish a junior college district prior to July
15, 1965, which district has become a community college
district under this Act.
    (i) "Regional superintendent": The superintendent of an
educational service region.
    (j) "Employment Advisory Board": A board, appointed by the
Board of Trustees of a Community College District, for the
purpose of advising the Board of Trustees as to local
employment conditions within the boundaries of the Community
College District.
    (k) "Operation and maintenance of facilities": The
management of fixed equipment, plant and infrastructure.
(Source: P.A. 97-539, eff. 8-23-11.)
 
    (110 ILCS 805/2-11)  (from Ch. 122, par. 102-11)
    Sec. 2-11. The State Board in cooperation with the
four-year colleges is empowered to develop articulation
procedures to the end that maximize maximum freedom of transfer
among and between community colleges and baccalaureate
granting between community colleges and degree-granting
institutions be available, and consistent with minimum
admission policies established by the Board of Higher
Education.
(Source: P.A. 78-669.)
 
    (110 ILCS 805/2-12)  (from Ch. 122, par. 102-12)
    Sec. 2-12. The State Board shall have the power and it
shall be its duty:
        (a) To provide statewide planning for community
    colleges as institutions of higher education and to
    coordinate co-ordinate the programs, services and
    activities of all community colleges in the State so as to
    encourage and establish a system of locally initiated and
    administered comprehensive community colleges.
        (b) To organize and conduct feasibility surveys for new
    community colleges or for the inclusion of existing
    institutions as community colleges and the locating of new
    institutions.
        (c) (Blank).
        (c-5) In collaboration with the community colleges, to
    furnish information for State and federal accountability
    purposes, promote student and institutional improvement,
    and meet research needs.
        (d) To cooperate with the community colleges in
    collecting and maintaining continuing studies of student
    characteristics, enrollment and completion data, faculty
    and staff characteristics, financial data, admission
    standards, grading policies, performance of transfer
    students, qualification and certification of facilities,
    and any other issues facing community colleges problem of
    community college education.
        (e) To enter into contracts with other governmental
    agencies and eligible providers, such as local educational
    agencies, community-based organizations of demonstrated
    effectiveness, volunteer literacy organizations of
    demonstrated effectiveness, institutions of higher
    education, public and private nonprofit agencies,
    libraries, and public housing authorities; to accept
    federal funds and to plan with other State agencies when
    appropriate for the allocation of such federal funds for
    instructional programs and student services including such
    funds for adult education and adult literacy, vocational
    and career and technical education, and retraining as may
    be allocated by state and federal agencies for the aid of
    community colleges. To receive, receipt for, hold in trust,
    expend and administer, for all purposes of this Act, funds
    and other aid made available by the federal government or
    by other agencies public or private, subject to
    appropriation by the General Assembly. The changes to this
    subdivision (e) made by this amendatory Act of the 91st
    General Assembly apply on and after July 1, 2001.
        (f) To determine efficient and adequate standards for
    community colleges for the physical plant, heating,
    lighting, ventilation, sanitation, safety, equipment and
    supplies, instruction and teaching, curriculum, library,
    operation, maintenance, administration and supervision,
    and to grant recognition certificates to community
    colleges meeting such standards.
        (g) To determine the standards for establishment of
    community colleges and the proper location of the site in
    relation to existing institutions of higher education
    offering academic, occupational and technical training
    curricula, possible enrollment, assessed valuation,
    industrial, business, agricultural, and other conditions
    reflecting educational needs in the area to be served;
    however, no community college may be considered as being
    recognized nor may the establishment of any community
    college be authorized in any district which shall be deemed
    inadequate for the maintenance, in accordance with the
    desirable standards thus determined, of a community
    college offering the basic subjects of general education
    and suitable vocational and semiprofessional and technical
    curricula.
        (h) To approve or disapprove new units of instruction,
    research or public service as defined in Section 3-25.1 of
    this Act submitted by the boards of trustees of the
    respective community college districts of this State. The
    State Board may discontinue programs which fail to reflect
    the educational needs of the area being served. The
    community college district shall be granted 60 days
    following the State Board staff recommendation and prior to
    the State Board's action to respond to concerns regarding
    the program in question. If the State Board acts to abolish
    a community college program, the community college
    district has a right to appeal the decision in accordance
    with administrative rules promulgated by the State Board
    under the provisions of the Illinois Administrative
    Procedure Act.
        (i) To review and approve or disapprove any contract or
    agreement that participate in, to recommend approval or
    disapproval, and to assist in the coordination of the
    programs of community colleges enter into with any
    organization, association, educational institution, or
    government agency to provide educational services for
    academic credit participating in programs of
    interinstitutional cooperation with other public or
    nonpublic institutions of higher education. The State
    Board is authorized to monitor performance under any
    contract or agreement that is approved by the State Board.
    If the State Board does not approve a particular contract
    or cooperative agreement, the community college district
    has a right to appeal the decision in accordance with
    administrative rules promulgated by the State Board under
    the provisions of the Illinois Administrative Procedure
    Act. Nothing in this subsection (i) shall be interpreted as
    applying to collective bargaining agreements with any
    labor organization.
        (j) To establish guidelines regarding sabbatical
    leaves.
        (k) To establish guidelines for the admission into
    special, appropriate programs conducted or created by
    community colleges for elementary and secondary school
    dropouts who have received truant status from the school
    districts of this State in compliance with Section 26-14 of
    The School Code.
        (l) (Blank). The Community College Board shall conduct
    a study of community college teacher education courses to
    determine how the community college system can increase its
    participation in the preparation of elementary and
    secondary teachers.
        (m) (Blank).
        (n) To create and participate in the conduct and
    operation of any corporation, joint venture, partnership,
    association, or other organizational entity that has the
    power: (i) to acquire land, buildings, and other capital
    equipment for the use and benefit of the community colleges
    or their students; (ii) to accept gifts and make grants for
    the use and benefit of the community colleges or their
    students; (iii) to aid in the instruction and education of
    students of community colleges; and (iv) to promote
    activities to acquaint members of the community with the
    facilities of the various community colleges.
        (o) On and after July 1, 2001, to ensure the effective
    teaching of adults and to prepare them for success in
    employment and lifelong learning by administering a
    network of providers, programs, and services to provide
    adult basic education, adult secondary and high school
    equivalency testing education, English as a second
    language, and any other instruction designed to prepare
    adult students to function successfully in society and to
    experience success in postsecondary education and
    employment the world of work.
        (p) On and after July 1, 2001, to supervise the
    administration of adult education and adult literacy
    programs, to establish the standards for such courses of
    instruction and supervise the administration thereof, to
    contract with other State and local agencies and eligible
    providers of demonstrated effectiveness, such as local
    educational agencies, community-based organizations of
    demonstrated effectiveness, volunteer literacy
    organizations of demonstrated effectiveness, institutions
    of higher education, public and private nonprofit
    agencies, libraries, and public housing authorities, and
    non-profit institutions for the purpose of promoting and
    establishing classes for instruction under these programs,
    to contract with other State and local agencies to accept
    and expend appropriations for educational purposes to
    reimburse local eligible providers for the cost of these
    programs, and to establish an advisory council consisting
    of all categories of eligible providers; agency partners,
    such as the State Board of Education, the Department of
    Human Services, the Department of Employment Security, the
    Department of Commerce and Economic Opportunity, and the
    Secretary of State literacy program; and other
    stakeholders to identify, deliberate, and make
    recommendations to the State Board on adult education
    policy and priorities. The State Board shall support
    statewide geographic distribution; diversity of eligible
    providers; and the adequacy, stability, and predictability
    of funding so as not to disrupt or diminish, but rather to
    enhance, adult education and literacy services by this
    change of administration.
(Source: P.A. 98-718, eff. 1-1-15; 99-655, eff. 7-28-16.)
 
    (110 ILCS 805/2-12.1)  (from Ch. 122, par. 102-12.1)
    Sec. 2-12.1. Experimental district; abolition of
experimental district and establishment of new community
college district.
    (a) The State Board shall establish an experimental
community college district, referred to in this Act as the
"experimental district", to be comprised of territory which
includes the City of East St. Louis, Illinois. The State Board
shall determine the area and fix the boundaries of the
territory of the experimental district. Within 30 days of the
establishment of the experimental district, the State Board
shall file with the county clerk of the county, or counties,
concerned a map showing the territory of the experimental
district.
    Within the experimental district, the State Board shall
establish, maintain and operate, until the experimental
district is abolished and a new community college district is
established under subsection (c), an experimental community
college to be known as the State Community College of East St.
Louis.
    (b) (Blank).
    (c) The experimental district established under subsection
(a) of this Section is abolished on July 1, 1996. shall be
abolished and replaced by a new community college district as
follows:
        (1) The establishment of the new community college
    district shall become effective for all purposes on July 1,
    1996, notwithstanding any minimum population, equalized
    assessed valuation or other requirements provided by
    Section 3-1 or any other provision of this Act for the
    establishment of a community college district.
        (2) The experimental district established pursuant to
    subsection (a) shall be abolished on July 1, 1996 when the
    establishment of the new community college district
    becomes effective for all purposes.
        (3) The territory of the new community college district
    shall be comprised of the territory of, and its boundaries
    shall be coterminous with the boundaries of the
    experimental district which it will replace, as those
    boundaries existed on November 7, 1995.
        (4) Notwithstanding the fact that the establishment of
    the new community college district does not become
    effective for all purposes until July 1, 1996, the election
    for the members of the initial board of the new community
    college district, to consist of 7 members, shall be held at
    the nonpartisan election in November of 1995 in the manner
    provided by the general election law, nominating petitions
    for members of the initial board shall be filed with the
    regional superintendent in the manner provided by Section
    3-7.10 with respect to newly organized districts, and the
    persons entitled to nominate and to vote at the election
    for the members of the board of the new community college
    district shall be the electors in the territory referred to
    in paragraph (3) of this subsection. In addition, for
    purposes of the levy, extension, and collection of taxes as
    provided in paragraph (5.5) of this subsection and for the
    purposes of establishing the territory and boundaries of
    the new community college district within and for which
    those taxes are to be levied, the new community college
    district shall be deemed established and effective when the
    7 members of the initial board of the new community college
    district are elected and take office as provided in this
    subsection (c).
        (5) Each member elected to the initial board of the new
    community college district must, on the date of his
    election, be a citizen of the United States, of the age of
    18 years or over, and a resident of the State and the
    territory referred to in paragraph (3) of this subsection
    for at least one year preceding his election. Election to
    the initial board of the new community college district of
    a person who on July 1, 1996 is a member of a common school
    board constitutes his resignation from, and creates a
    vacancy on that common school board effective July 1, 1996.
        (5.5) The members first elected to the board of
    trustees shall take office on the first Monday of December,
    1995, for the sole and limited purpose of levying, at the
    rates specified in the proposition submitted to the
    electors under subsection (b), taxes for the educational
    purposes and for the operations and maintenance of
    facilities purposes of the new community college district.
    The taxes shall be levied in calendar year 1995 for
    extension and collection in calendar year 1996,
    notwithstanding the fact that the new community college
    district does not become effective for the purposes of
    administration of the community college until July 1, 1996.
    The regional superintendent shall convene the meeting
    under this paragraph and the members shall organize for the
    purpose of that meeting by electing, pro tempore, a
    chairperson and a secretary. At that meeting the board is
    authorized to levy taxes for educational purposes and for
    operations and maintenance of facilities purposes as
    authorized in this paragraph without adopting any budget
    for the new community college district and shall certify
    the levy to the appropriate county clerk or county clerks
    in accordance with law. The county clerks shall extend the
    levy notwithstanding any law that otherwise requires
    adoption of a budget before extension of the levy. The
    funds produced by the levy made under this paragraph to the
    extent received by a county collector before July 1, 1996
    shall immediately be invested in lawful investments and
    held by the county collector for payment and transfer to
    the new community college district, along with all accrued
    interest or other earnings accrued on the investment, as
    provided by law on July 1, 1996. All funds produced by the
    levy and received by a county collector on or after July 1,
    1996 shall be transferred to the new community college
    district as provided by law at such time as they are
    received by the county collector.
        (5.75) Notwithstanding any other provision of this
    Section or the fact that establishment of the new community
    college district as provided in this subsection does not
    take effect until July 1, 1996, the members first elected
    to the board of trustees of the new community college
    district are authorized to meet, beginning on June 1, 1996
    and thereafter for purposes of: (i) arranging for and
    approving educational programs, ancillary services,
    staffing, and associated expenditures that relate to the
    offering by the new community college district of
    educational programs beginning on or after July 1, 1996 and
    before the fall term of the 1996-97 academic year, and (ii)
    otherwise facilitating the orderly transition of
    operations from the experimental district known as State
    Community College of East St. Louis to the new community
    college district established under this subsection. The
    persons elected to serve, pro tempore, as chairperson and
    secretary of the board for purposes of paragraph (5.5)
    shall continue to serve in that capacity for purposes of
    this paragraph (5.75).
        (6) Except as otherwise provided in paragraphs (5.5)
    and (5.75), each of the members first elected to the board
    of the new community college district shall take office on
    July 1, 1996, and the Illinois Community College Board,
    publicly by lot and not later than July 1, 1996, shall
    determine the length of term to be served by each member of
    the initial board as follows: 2 shall serve until their
    successors are elected at the nonpartisan election in 1997
    and have qualified, 2 shall serve until their successors
    are elected at the consolidated election in 1999 and have
    qualified, and 3 shall serve until their successors are
    elected at the consolidated election in 2001 and have
    qualified. Their successors shall serve 6 year terms. Terms
    of members are subject to Section 2A-54 of the Election
    Code.
        (7) The regional superintendent shall convene the
    initial board of the new community college district on July
    1, 1996, and the non-voting student member initially
    selected to that board as provided in Section 3-7.24 shall
    serve a term beginning on the date of selection and
    expiring on the next succeeding April 15. Upon being
    convened on July 1, 1996, the board shall proceed to
    organize in accordance with Section 3-8, and shall
    thereafter continue to exercise the powers and duties of a
    board in the manner provided by law for all boards of
    community college districts except where obviously
    inapplicable or otherwise provided by this Act. Vacancies
    shall be filled, and members shall serve without
    compensation subject to reimbursement for reasonable
    expenses incurred in connection with their service as
    members, as provided in Section 3-7. The duly elected and
    organized board of the new community college district shall
    levy taxes at a rate not to exceed .175 percent for
    educational purposes and at a rate not to exceed .05
    percent for operations and maintenance of facilities
    purposes; provided that the board may act to increase such
    rates at a regular election in accordance with Section 3-14
    and the general election law.
    (d) (Blank). Upon abolition of the experimental district
and establishment of the new community college district as
provided in this Section, all tangible personal property,
including inventory, equipment, supplies, and library books,
materials, and collections, belonging to the experimental
district and State Community College of East St. Louis at the
time of their abolition under this Section shall be deemed
transferred, by operation of law, to the board of trustees of
the new community college district. In addition, all real
property, and the improvements situated thereon, held by State
Community College of East St. Louis or on its behalf by its
board of trustees shall, upon abolition of the experimental
district and college as provided in this Section, be conveyed
by the Illinois Community College Board, in the manner
prescribed by law, to the board of trustees of the new
community college district established under this Section for
so long as that real property is used for the conduct and
operation of a public community college and the related
purposes of a public community college district of this State.
Neither the new community college district nor its board of
trustees shall have any responsibility to any vendor or other
person making a claim relating to the property, inventory, or
equipment so transferred. On August 22, 1997, the endowment
funds, gifts, trust funds, and funds from student activity fees
and the operation of student and staff medical and health
programs, union buildings, bookstores, campus centers, and
other auxiliary enterprises and activities that were received
by the board of trustees of State Community College of East St.
Louis and held and retained by that board of trustees at the
time of the abolition of the experimental district and its
replacement by the new community college district as provided
in this Section shall be deemed transferred by operation of law
to the board of trustees of that new community college
district, to be retained in its own treasury and used in the
conduct and operation of the affairs and related purposes of
the new community college district. On August 22, 1997, all
funds held locally in the State Community College of East St.
Louis Contracts and Grants Clearing Account, the State
Community College of East St. Louis Income Fund Clearing
Account and the Imprest Fund shall be transferred by the Board
to the General Revenue Fund.
    (e) (Blank). The outstanding obligations incurred for
fiscal years prior to fiscal year 1997 by the board of trustees
of State Community College of East St. Louis before the
abolition of that college and the experimental district as
provided in this Section shall be paid by the State Board from
appropriations made to the State Board from the General Revenue
Fund for purposes of this subsection. To facilitate the
appropriations to be made for that purpose, the State
Comptroller and State Treasurer, without delay, shall transfer
to the General Revenue Fund from the State Community College of
East St. Louis Income Fund and the State Community College of
East St. Louis Contracts and Grants Fund, special funds
previously created in the State Treasury, any balances
remaining in those special funds on August 22, 1997.
(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
90-358, eff. 1-1-98; 90-509, eff. 8-22-97; 90-655, eff.
7-30-98.)
 
    (110 ILCS 805/2-15)  (from Ch. 122, par. 102-15)
    Sec. 2-15. Recognition. The State Board shall grant
recognition to community colleges which maintain equipment,
courses of study, standards of scholarship and other
requirements set by the State Board. Application for
recognition shall be made to the State Board. The State Board
shall set the criteria by which the community colleges shall be
judged and through the executive officer of the State Board
shall arrange for an official evaluation of the community
colleges and shall grant recognition of such community colleges
as may meet the required standards.
    Recognition shall include a review of compliance with
Section 3-65 of this Act Public Act 99-482 and other applicable
State and federal laws regarding employment contracts and
compensation. Annually, the State Board shall convene an
advisory committee to review the findings and make
recommendations for changes or additions to the laws or the
review procedures.
    If a community college district fails to meet the
recognition standards set by the State Board, and if the
district, in accordance with: (a) generally accepted
Government Auditing Standards issued by the Comptroller
General of the United States, (b) auditing standards
established by the American Institute of Certified Public
Accountants, or (c) other applicable State and federal
standards, is found by the district's auditor or the State
Board working in cooperation with the district's auditor to
have material deficiencies in the design or operation of
financial control structures that could adversely affect the
district's financial integrity and stability, or is found to
have misused State or federal funds and jeopardized its
participation in State or federal programs, the State Board
may, notwithstanding any laws to the contrary, implement one or
more of the following emergency powers:
        (1) To direct the district to develop and implement a
    plan that addresses the budgetary, programmatic, and other
    relevant factors contributing to the need to implement
    emergency measures. The State Board shall assist in the
    development and shall have final approval of the plan.
        (2) To direct the district to contract for educational
    services in accordance with Section 3-40. The State Board
    shall assist in the development and shall have final
    approval of any such contractual agreements.
        (3) To approve and require revisions of the district's
    budget.
        (4) To appoint a Financial Administrator to exercise
    oversight and control over the district's budget. The
    Financial Administrator shall serve at the pleasure of the
    State Board and may be an individual, partnership,
    corporation, including an accounting firm, or other entity
    determined by the State Board to be qualified to serve, and
    shall be entitled to compensation. Such compensation shall
    be provided through specific appropriations made to the
    State Board for that express purpose.
        (5) To develop and implement a plan providing for the
    dissolution or reorganization of the district if in the
    judgment of the State Board the circumstances so require.
(Source: P.A. 99-691, eff. 1-1-17.)
 
    (110 ILCS 805/2-16.02)  (from Ch. 122, par. 102-16.02)
    Sec. 2-16.02. Grants. Any community college district that
maintains a community college recognized by the State Board
shall receive, when eligible, grants enumerated in this
Section. Funded semester credit hours or other measures or both
as specified by the State Board shall be used to distribute
grants to community colleges. Funded semester credit hours
shall be defined, for purposes of this Section, as the greater
of (1) the number of semester credit hours, or equivalent, in
all funded instructional categories of students who have been
certified as being in attendance at midterm during the
respective terms of the base fiscal year or (2) the average of
semester credit hours, or equivalent, in all funded
instructional categories of students who have been certified as
being in attendance at midterm during the respective terms of
the base fiscal year and the 2 prior fiscal years. For purposes
of this Section, "base fiscal year" means the fiscal year 2
years prior to the fiscal year for which the grants are
appropriated. Such students shall have been residents of
Illinois and shall have been enrolled in courses that are part
of instructional program categories approved by the State Board
and that are applicable toward an associate degree or
certificate. Courses that are eligible for reimbursement are
those courses for which the district pays 50% or more of the
program costs from unrestricted revenue sources, with the
exception of dual credit courses and courses offered by
contract with the Department of Corrections in correctional
institutions. For the purposes of this Section, "unrestricted
revenue sources" means those revenues in which the provider of
the revenue imposes no financial limitations upon the district
as it relates to the expenditure of the funds. Except for
Fiscal Year 2012, base operating grants shall be paid based on
rates per funded semester credit hour or equivalent calculated
by the State Board for funded instructional categories using
cost of instruction, enrollment, inflation, and other relevant
factors. For Fiscal Year 2012, the allocations for base
operating grants to community college districts shall be the
same as they were in Fiscal Year 2011, reduced or increased
proportionately according to the appropriation for base
operating grants for Fiscal Year 2012.
    Equalization grants shall be calculated by the State Board
by determining a local revenue factor for each district by: (A)
adding (1) each district's Corporate Personal Property
Replacement Fund allocations from the base fiscal year or the
average of the base fiscal year and prior year, whichever is
less, divided by the applicable statewide average tax rate to
(2) the district's most recently audited year's equalized
assessed valuation or the average of the most recently audited
year and prior year, whichever is less, (B) then dividing by
the district's audited full-time equivalent resident students
for the base fiscal year or the average for the base fiscal
year and the 2 prior fiscal years, whichever is greater, and
(C) then multiplying by the applicable statewide average tax
rate. The State Board shall calculate a statewide weighted
average threshold by applying the same methodology to the
totals of all districts' Corporate Personal Property Tax
Replacement Fund allocations, equalized assessed valuations,
and audited full-time equivalent district resident students
and multiplying by the applicable statewide average tax rate.
The difference between the statewide weighted average
threshold and the local revenue factor, multiplied by the
number of full-time equivalent resident students, shall
determine the amount of equalization funding that each district
is eligible to receive. A percentage factor, as determined by
the State Board, may be applied to the statewide threshold as a
method for allocating equalization funding. A minimum
equalization grant of an amount per district as determined by
the State Board shall be established for any community college
district which qualifies for an equalization grant based upon
the preceding criteria, but becomes ineligible for
equalization funding, or would have received a grant of less
than the minimum equalization grant, due to threshold
prorations applied to reduce equalization funding. As of July
1, 2013, a community college district eligible to receive an
equalization grant based upon the preceding criteria must
maintain a minimum required combined in-district tuition and
universal fee rate per semester credit hour equal to 70% of the
State-average combined rate, as determined by the State Board,
or the total revenue received by the community college district
from combined in-district tuition and universal fees must be at
least 30% of the total revenue received by the community
college district, as determined by the State Board, for
equalization funding. As of July 1, 2004, a community college
district must maintain a minimum required operating tax rate
equal to at least 95% of its maximum authorized tax rate to
qualify for equalization funding. This 95% minimum tax rate
requirement shall be based upon the maximum operating tax rate
as limited by the Property Tax Extension Limitation Law.
    The State Board shall distribute such other grants as may
be authorized or appropriated by the General Assembly.
    Each community college district entitled to State grants
under this Section must submit a report of its enrollment to
the State Board not later than 30 days following the end of
each semester, quarter, or term in a format prescribed by the
State Board. These semester credit hours, or equivalent, shall
be certified by each district on forms provided by the State
Board. Each district's certified semester credit hours, or
equivalent, are subject to audit pursuant to Section 3-22.1.
    The State Board shall certify, prepare, and submit monthly
vouchers to the State Comptroller setting forth an amount equal
to one-twelfth of the grants approved by the State Board for
base operating grants and equalization grants. The State Board
shall prepare and submit to the State Comptroller vouchers for
payments of other grants as appropriated by the General
Assembly. If the amount appropriated for grants is different
from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased
accordingly.
    For the purposes of this Section, "resident student" means
a student in a community college district who maintains
residency in that district or meets other residency definitions
established by the State Board, and who was enrolled either in
one of the approved instructional program categories in that
district, or in another community college district to which the
resident's district is paying tuition under Section 6-2 or with
which the resident's district has entered into a cooperative
agreement in lieu of such tuition. Students shall be classified
as residents of the community college district without meeting
the 30-day residency requirement of the district if they are
currently residing in the district and are youth (i) who are
currently under the legal guardianship of the Illinois
Department of Children and Family Services or have recently
been emancipated from the Department and (ii) who had
previously met the 30-day residency requirement of the district
but who had a placement change into a new community college
district. The student, a caseworker or other personnel of the
Department, or the student's attorney or guardian ad litem
appointed under the Juvenile Court Act of 1987 shall provide
the district with proof of current in-district residency.
    For the purposes of this Section, a "full-time equivalent"
student is equal to 30 semester credit hours.
    The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of income
to this fund shall include any grants, awards, endowments, or
like proceeds, and where appropriate, other funds made
available through contracts with governmental, public, and
private agencies or persons. The General Assembly shall from
time to time make appropriations payable from such fund for the
support, improvement, and expenses of the State Board and
Illinois community college districts.
(Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14;
99-845, eff. 1-1-17.)
 
    (110 ILCS 805/2-24)
    Sec. 2-24. We Want to Learn English Initiative.
    (a) Subject to appropriation and Section 7 of the Board of
Higher Education Act, the State Board may establish and
administer a We Want to Learn English Initiative to provide
resources for immigrants and refugees in this State to learn
English in order to move towards becoming full members of
American society.
    (b) If funds are Each fiscal year, the State Board may
include, as a separate line item, in its budget proposal
$15,000,000 or less in funding for the We Want to Learn English
Initiative, to be disbursed by the State Board. If the State
Board decides to disburse the funds appropriated for this
Initiative, then the State Board it must disburse no less than
half of the funds appropriated each fiscal year to
community-based, not-for-profit organizations, immigrant
social service organizations, faith-based organizations, and
on-site job training programs so that immigrants and refugees
can learn English where they live, work, pray, and socialize
and where their children go to school.
    (c) Funds for the We Want to Learn English Initiative may
be used only to provide programs that teach English to United
States citizens, lawful permanent residents, and other persons
residing in this State who are in lawful immigration status.
(Source: P.A. 95-638, eff. 6-1-08.)
 
    (110 ILCS 805/3-7)  (from Ch. 122, par. 103-7)
    Sec. 3-7. (a) The election of the members of the board of
trustees shall be nonpartisan and shall be held at the time and
in the manner provided in the general election law.
    (b) Unless otherwise provided in this Act, members shall be
elected to serve 6 year terms. The term of members elected in
1985 and thereafter shall be from the date the member is
officially determined to be elected to the board by a canvass
conducted pursuant to the Election Code, to the date that the
winner of the seat is officially determined by the canvass
conducted pursuant to the Election Code the next time the seat
on the board is to be filled by election.
    (c) Each member must on the date of his election be a
citizen of the United States, of the age of 18 years or over,
and a resident of the State and the territory which on the date
of the election is included in the community college district
for at least one year immediately preceding his election. In
Community College District No. 526, each member elected at the
consolidated election in 2005 or thereafter must also be a
resident of the trustee district he or she represents for at
least one year immediately preceding his or her election,
except that in the first consolidated election for each trustee
district following reapportionment, a candidate for the board
may be elected from any trustee district that contains a part
of the trustee district in which he or she resided at the time
of the reapportionment and may be reelected if a resident of
the new trustee district he or she represents for one year
prior to reelection. In the event a person who is a member of a
common school board is elected or appointed to a board of
trustees of a community college district, that person shall be
permitted to serve the remainder of his or her term of office
as a member of the common school board. Upon the expiration of
the common school board term, that person shall not be eligible
for election or appointment to a common school board during the
term of office with the community college district board of
trustees.
    (d) Whenever a vacancy occurs, the remaining members shall
fill the vacancy, and the person so appointed shall serve until
a successor is elected to serve the remainder of the unexpired
term at the next regular election for board members and is
certified in accordance with Sections 22-17 and 22-18 of the
Election Code. If the remaining members fail so to act within
60 days after the vacancy occurs, the chairman of the State
Board shall fill that vacancy, and the person so appointed
shall serve until a successor is elected to serve the remainder
of the unexpired term at the next regular election for board
members and is certified in accordance with Sections 22-17 and
22-18 of the Election Code. The person appointed to fill the
vacancy shall have the same residential qualifications as his
predecessor in office was required to have. In either instance,
if the vacancy occurs with less than 4 months remaining before
the next scheduled consolidated election, and the term of
office of the board member vacating the position is not
scheduled to expire at that election, then the term of the
person so appointed shall extend through that election and
until the succeeding consolidated election. If the term of
office of the board member vacating the position is scheduled
to expire at the upcoming consolidated election, the appointed
member shall serve only until a successor is elected and
qualified at that election.
    (e) Members of the board shall serve without compensation
but shall be reimbursed for their reasonable expenses incurred
in connection with their service as members. Compensation, for
purposes of this Section, means any salary or other benefits
not expressly authorized by this Act to be provided or paid to,
for or on behalf of members of the board. The board of each
community college district may adopt a policy providing for the
issuance of bank credit cards, for use by any board member who
requests the same in writing and agrees to use the card only
for the reasonable expenses which he or she incurs in
connection with his or her service as a board member. Expenses
charged to such credit cards shall be accounted for separately
and shall be submitted to the chief financial officer of the
district for review prior to being reported to the board at its
next regular meeting.
    (f) The Except in an election of the initial board for a
new community college district created pursuant to Section
6-6.1, the ballot for the election of members of the board for
a community college district shall indicate the length of term
for each office to be filled. In the election of a board for
any community college district, the ballot shall not contain
any political party designation.
(Source: P.A. 100-273, eff. 8-22-17.)
 
    (110 ILCS 805/3-7a)  (was 110 ILCS 805/3-7, subsec. (c))
    Sec. 3-7a. Trustee districts; Community College District
No. 522. A board of trustees of a community college district
which is contiguous or has been contiguous to an experimental
community college district as authorized and defined by Article
IV of this Act may, on its own motion, or shall, upon the
petition of the lesser of 1/10 or 2,000 of the voters
registered in the district, order submitted to the voters of
the district at the next general election the proposition for
the election of board members by trustee district rather than
at large, and such proposition shall thereupon be certified by
the secretary of the board to the proper election authority in
accordance with the general election law for submission.
    If the proposition is approved by a majority of those
voting on the proposition, the State Board of Elections, in
1991, shall reapportion the trustee districts to reflect the
results of the last decennial census, and shall divide the
community college district into 7 trustee districts, each of
which shall be compact, contiguous and substantially equal in
population to each other district. In 2001, and in the year
following each decennial census thereafter, the board of
trustees of community college District #522 shall reapportion
the trustee districts to reflect the results of the census, and
shall divide the community college district into 7 trustee
districts, each of which shall be compact, contiguous, and
substantially equal in population to each other district. The
division of the community college district into trustee
districts shall be completed and formally approved by a
majority of the members of the board of trustees of community
college District #522 in 2001 and in the year following each
decennial census. At the same meeting of the board of trustees,
the board shall, publicly by lot, divide the trustee districts
as equally as possible into 2 groups. Beginning in 2003 and
every 10 years thereafter, trustees or their successors from
one group shall be elected for successive terms of 4 years and
6 years; and members or their successors from the second group
shall be elected for successive terms of 6 years and 4 years.
One member shall be elected from each such trustee district.
Each member elected in 2001 shall be elected at the 2001
consolidated election from the trustee districts established
in 1991. The term of each member elected in 2001 shall end on
the date that the trustees elected in 2003 are officially
determined by a canvass conducted pursuant to the Election
Code.
(Source: P.A. 97-539, eff. 8-23-11.)
 
    (110 ILCS 805/3-14.2)  (from Ch. 122, par. 103-14.2)
    Sec. 3-14.2. In addition to any other tax levies authorized
by law, the board of a community college district (1) whose
boundaries are entirely within a county with a population in
excess of 2 million persons and (2) which was organized as a
public junior college prior to October 1, 1973, and (3) whose
existence was validated by an Act filed with the Secretary of
State on May 31, 1937, may levy an additional tax upon the
taxable property of the district in any year in which the State
Board issues a certificate of eligibility to do so. The
additional tax may be used to increase the total taxing
authority of the district to the rate of 23.54 cents per $100
of equalized assessed value for educational and operations,
building and maintenance purposes.
    In order to be eligible to levy the additional tax as
provided herein, the district shall have been eligible to
receive equalization grants pursuant to Section 2-16.02 102-16
for each of the five fiscal years in the period 1984 to 1988.
    The additional amount certified by the State Board to be
levied shall not exceed the combined increases in the
educational and operations, building and maintenance purposes
funds authorized in Section 3-14. The State Board shall notify
the board of trustees of the community college district of its
eligibility to levy additional taxes as authorized in this
Section and the amount of such levy, by November 1, 1988.
    A resolution, adopted pursuant to the provisions of the
Open Meetings Act, which expresses the district's intent to
levy such a tax, or a portion thereof, when accompanied by the
State Board certificate of eligibility, shall be the authority
for the county clerk or clerks to extend such a tax. The
district board shall cause a copy of the resolution to be
published in one or more newspapers published in the district
within 10 days after such levy is made. If no newspaper is
published in the district, the resolution shall be published in
a newspaper having general circulation within the district. The
publication of the resolution shall include a notice of (1) the
specific number of voters required to sign a petition
requesting that the question of the adoption of the tax levy be
submitted to the voters of the district; (2) the time within
which the petition must be filed; and (3) the date of the
prospective referendum. The district secretary shall provide a
petition form to any individual requesting one.
    If within 30 days of the adoption of such additional levy,
a petition is filed with the secretary of the board of
trustees, signed by not less than 10% of the voters of the
district, requesting that the proposition to levy such
additional taxes as authorized by this Section be submitted to
the voters of the district, then the district shall not be
authorized to levy such additional taxes as permitted by this
Section until the proposition has been submitted to and
approved by a majority of the voters voting on the proposition
at a regularly scheduled election in the manner provided in the
general election law. The secretary shall certify the
proposition to the proper election authority for submission to
the voters. If no such petition with the requisite number of
signatures and which is otherwise valid is filed within such 30
day period, then the district shall thereafter be authorized to
levy such additional taxes as provided and for the purposes
expressed in this Section.
(Source: P.A. 85-1150; 86-1253.)
 
    (110 ILCS 805/3-14.3)  (from Ch. 122, par. 103-14.3)
    Sec. 3-14.3. In addition to any other tax levies authorized
by law, the board of a community college district may levy an
additional tax upon the taxable property of the district in any
year in which the State Board issues a certificate of
eligibility to do so. The additional tax may be used to
increase the total taxing authority of the district to the most
recently reported statewide average actual levy rate in cents
per $100 of equalized assessed value for educational and
operations and maintenance purposes as certified by the State
Board.
    In order to be eligible to levy the additional tax as
provided herein, the district shall have been eligible to
receive equalization grants pursuant to Section 2-16 or
2-16.02, as the case may be, in the year of eligibility
certification or in the previous fiscal year.
    The additional amount certified by the State Board to be
levied shall not exceed the combined increases in the
educational and operations and maintenance purposes funds
authorized in Section 3-14. The State Board shall notify the
board of trustees of the community college district of its
eligibility to levy additional taxes as authorized in this
Section and the amount of such levy, by November 1 of each
year.
    A resolution, adopted annually pursuant to the provisions
of the Open Meetings Act, which expresses the district's intent
to levy such a tax, or a portion thereof, when accompanied by
the State Board certificate of eligibility, shall be the
authority for the county clerk or clerks to extend such a tax.
Within 10 days after adoption of such resolution, the district
shall cause to be published the resolution in at least one or
more newspapers published in the district. The publication of
the resolution shall include a notice of (1) the specific
number of voters required to sign a petition requesting that
the proposition of the adoption of the resolution be submitted
to the voters of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective
referendum. The secretary shall provide a petition form to any
individual requesting one.
    If within 30 days of the annual adoption of such additional
levy, a petition is filed with the secretary of the board of
trustees, signed by not less than 10% of the registered voters
of the district, requesting that the proposition to levy such
additional taxes as authorized by this Section be submitted to
the voters of the district, then the district shall not be
authorized to levy such additional taxes as permitted by this
Section until the proposition has been submitted to and
approved by a majority of the voters voting on the proposition
at a regularly scheduled election in the manner provided in the
general election law. The secretary shall certify the
proposition to the proper election authority for submission to
the voters. If no such petition with the requisite number of
signatures and which is otherwise valid is filed within such 30
day period, then the district shall be authorized to levy such
additional taxes as provided for the purposes expressed in this
Section.
(Source: P.A. 86-360; 87-1018.)
 
    (110 ILCS 805/3-20.1)  (from Ch. 122, par. 103-20.1)
    Sec. 3-20.1. The board of each community college district
shall within or before the first quarter of each fiscal year,
adopt an annual budget which it deems necessary to defray all
necessary expenses and liabilities of the district, and in such
annual budget shall specify the objects and purposes of each
item and amount needed for each object or purpose. The board of
each community college district shall file a written or
electronic copy of the annual budget with the State Board.
    The budget shall contain a statement of the cash on hand at
the beginning of the fiscal year, an estimate of the cash
expected to be received during such fiscal year from all
sources, an estimate of the expenditures contemplated for such
fiscal year, and a statement of the estimated cash expected to
be on hand at the end of such year. The estimate of taxes to be
received may be based upon the amount of actual cash receipts
that may reasonably be expected by the district during such
fiscal year, estimated from the experience of the district in
prior years and with due regard for other circumstances that
may substantially affect such receipts. Nothing in this Section
shall be construed as requiring any district to change or
preventing any district from changing from a cash basis of
financing to a surplus or deficit basis of financing; or as
requiring any district to change or preventing any district
from changing its system of accounting.
    The board of each community college district shall fix a
fiscal year. If the beginning of the fiscal year of a district
is subsequent to the time that the tax levy for such fiscal
year shall be made, then such annual budget shall be adopted
prior to the time such tax levy shall be made.
    Such budget shall be prepared in tentative form by some
person or persons designated by the board, and in such
tentative form shall be made conveniently available to public
inspection for at least 30 days prior to final action thereon.
At least one public hearing shall be held as to such budget
prior to final action thereon. Notice of availability for
public inspection and of such public hearing shall be given by
publication in a newspaper published in such district, at least
30 days prior to the time of such hearing. If there is no
newspaper published in such district, notice of such public
hearing shall be given by publication in a newspaper having
general circulation within the district posting notices
thereof in 5 of the most public places in such district. It
shall be the duty of the secretary of the board to make the
tentative budget available to public inspection, and to arrange
for such public hearing. The board may from time to time make
transfers between the various items in any fund not exceeding
in the aggregate 10% of the total of such fund as set forth in
the budget. The board may amend the annual budget from time to
time at a regular meeting of the board if public notice of any
amendment is provided pursuant to the Open Meetings Act. The
board may from time to time amend such budget by the same
procedure as is herein provided for its original adoption.
(Source: P.A. 78-669.)
 
    (110 ILCS 805/3-22.1)  (from Ch. 122, par. 103-22.1)
    Sec. 3-22.1. To cause an audit to be made as of the end of
each fiscal year by an accountant licensed to practice public
accounting in Illinois and appointed by the board. The auditor
shall perform his or her examination in accordance with
generally accepted auditing standards and regulations
prescribed by the State Board, and submit his or her report
thereon in accordance with generally accepted accounting
principles. The examination and report shall include a
verification of student enrollments and any other bases upon
which claims are filed with the State Board. The audit report
shall include a statement of the scope and findings of the
audit and a professional opinion signed by the auditor. If a
professional opinion is denied by the auditor he or she shall
set forth the reasons for that denial. The board shall not
limit the scope of the examination to the extent that the
effect of such limitation will result in the qualification of
the auditor's professional opinion. The procedures for payment
for the expenses of the audit shall be in accordance with
Section 9 of the Governmental Account Audit Act. Copies of the
audit report shall be filed with the State Board in accordance
with regulations prescribed by the State Board. The State Board
shall file one copy of the audit report with the Auditor
General.
(Source: P.A. 99-655, eff. 7-28-16.)
 
    (110 ILCS 805/3-25.1)  (from Ch. 122, par. 103-25.1)
    Sec. 3-25.1. To authorize application to the State Illinois
Community College Board for the approval of new units of
instruction, research or public service as defined in this
Section and to establish such new units following approval in
accordance with the provisions of this Act and the Board of
Higher Education Act.
    The term "new unit of instruction, research or public
service" includes the establishment of a college, school,
division, institute, department or other unit including majors
and curricula in any field of instruction, research, or public
service not theretofore included in the program of the
community college, and includes the establishment of any new
branch or campus of the institution. The term shall not include
reasonable and moderate extensions of existing curricula,
research, or public service programs which have a direct
relationship to existing programs; and the State Board may,
under its rule making power define the character of reasonable
and moderate extensions.
(Source: P.A. 88-322.)
 
    (110 ILCS 805/3-26.1)  (from Ch. 122, par. 103-26.1)
    Sec. 3-26.1. Any employee of a community college board who
is a member of any reserve component of the United States Armed
Services, including the Illinois National Guard, and who is
mobilized to active military duty on or after August 1, 1990 as
a result of an order of the President of the United States,
shall for each pay period beginning on or after August 1, 1990
continue to receive the same regular compensation that he
receives or was receiving as an employee of the community
college board at the time he is or was so mobilized to active
military duty, plus any health insurance and other benefits he
is or was receiving or accruing at that time, minus the amount
of his base pay for military service, for the duration of his
active military service. If the employee's active military duty
commences on or after the effective date of this amendatory Act
of the 100th General Assembly, the military duty shall not
result in the loss or diminishment of any employment benefit,
service credit, or status accrued at the time the duty
commenced.
    In the event any provision of a collective bargaining
agreement or any community college board or district policy
covering any employee so ordered to active duty is more
generous than the provisions contained in this Section the
collective bargaining agreement or community college board or
district policy shall be controlling.
(Source: P.A. 87-631.)
 
    (110 ILCS 805/3-29)  (from Ch. 122, par. 103-29)
    Sec. 3-29. To indemnify and protect board members and ,
employees, and student teachers of boards against civil rights
damage claims and suits, constitutional rights damage claims
and suits, death, bodily injury and property damage claims and
suits, including defense thereof, when damages are sought for
alleged negligent or wrongful acts while such board member or ,
employee or student teacher is engaged in the exercise or
performance of any powers or duties of the board, or is acting
within the scope of employment or under the direction of the
community college board.
    To insure against any loss or liability of the district or
board members and , employees, and student teachers of boards
against civil rights damage claims and suits, constitutional
rights damage claims and suits and death, bodily injury and
property damage claims and suits, including defense thereof,
when damages are sought for alleged negligent or wrongful acts
while such board member or , employee, or student teacher is
engaged in the exercise or performance of any powers or duties
of the board, or is acting within the scope of employment or
under the direction of the board. Such insurance shall be
carried in a company licensed to write such coverage in this
State.
(Source: P.A. 83-1391.)
 
    (110 ILCS 805/3-40)  (from Ch. 122, par. 103-40)
    Sec. 3-40. To enter into contracts or agreements with any
person, organization, association, educational institution, or
governmental agency for providing or securing educational
services for academic credit. The authority of any community
college district to exercise the powers granted under this
Section is subject to the prior review and approval of the
State Board under subsection (i) of Section 212 of this Act.
Any initial contract with a public university or a private
degree-granting college or university entered into on or after
July 1, 1985 but before July 1, 2016 shall have prior approval
of the State Board and the Illinois Board of Higher Education.
Any initial contract with a public university or a private
degree-granting college or university entered into on or after
July 1, 2016 shall have prior approval of the State Board.
(Source: P.A. 99-655, eff. 7-28-16.)
 
    (110 ILCS 805/3-42.1)  (from Ch. 122, par. 103-42.1)
    Sec. 3-42.1. (a) To appoint law enforcement officer and
non-law enforcement officer members of the community college
district police department or department of public safety.
    (b) Members of the community college district police
department or department of public safety who are law
enforcement officers, as defined in the Illinois Police
Training Act, shall be peace officers under the laws of this
State. As such, law enforcement officer members of these
departments shall have all of the powers of police officers in
cities and sheriffs in counties, including the power to make
arrests on view or on warrants for violations of State statutes
and to enforce county or city ordinances in all counties that
lie within the community college district, when such is
required for the protection of community college personnel,
students, property, or interests. Such officers shall have no
power to serve and execute civil process.
    As peace officers in this State, all laws pertaining to
hiring, training, retention, service authority, and discipline
of police officers, under State law, shall apply. Law
enforcement officer members must complete the minimum basic
training requirements of a police training school under the
Illinois Police Training Act. Law enforcement officer members
who have successfully completed an Illinois Law Enforcement
Training and Standards Board certified firearms course shall be
equipped with appropriate firearms and auxiliary weapons.
    (c) Non-law enforcement officer members of the community
college police, public safety, or security departments whose
job requirements include performing patrol and security type
functions shall, within 6 months after their initial hiring
date or the effective date of this amendatory Act of the 96th
General Assembly, whichever is later, be required to
successfully complete the 20-hour basic security training
course required by (i) the Department of Financial and
Professional Regulation, Division of Professional Regulation
for Security Officers, (ii) by the International Association of
College Law Enforcement Administrators, or (iii) campus
protection officer training program or a similar course
certified and approved by the Illinois Law Enforcement Training
and Standards Board. They shall also be permitted to become
members of an Illinois State Training Board Mobile Training
Unit and shall complete 8 hours in continuing training, related
to their specific position of employment, each year. The board
may establish reasonable eligibility requirements for
appointment and retention of non-law enforcement officer
members.
    All non-law enforcement officer members authorized to
carry weapons, other than firearms, shall receive training on
the proper deployment and use of force regarding such weapons.
(Source: P.A. 96-269, eff. 8-11-09.)
 
    (110 ILCS 805/3-48)  (from Ch. 122, par. 103-48)
    Sec. 3-48. Interest of board member in contracts.
    (a) Except as otherwise provided in this Section, no No
community college board member shall be interested, directly or
indirectly, in his own name or in the name of any other person,
association, trust or corporation, in any contract, work, or
business of the district or in the sale of any article,
whenever the expense, price, or consideration of the contract,
work, business, or sale is paid either from the treasury or by
any assessment levied by any statute or ordinance. A community
college board member shall not be deemed interested if the
board member is an employee of a business that is involved in
the transaction of business with the district and has no
financial interests other than as an employee. Except as
otherwise provided in this Section, no No community college
board member shall be interested, directly or indirectly, in
the purchase of any property which (1) belongs to the district,
or (2) is sold for taxes or assessments, or (3) is sold by
virtue of legal process at the suit of the district.
    (b) A However, any board member may provide materials,
merchandise, property, services, or labor, if:
        A. the contract is with a person, firm, partnership,
    association, corporation, or cooperative association in
    which the board member has less than a 7 1/2% share in the
    ownership; and
        B. such interested board member publicly discloses the
    nature and extent of his interest prior to or during
    deliberations concerning the proposed award of the
    contract; and
        C. such interested board member abstains from voting on
    the award of the contract, though he shall be considered
    present for the purposes of establishing a quorum; and
        D. such contract is approved by a majority vote of
    those board members presently holding office; and
        E. the contract is awarded after sealed bids to the
    lowest responsible bidder if the amount of the contract
    exceeds $1500, or awarded without bidding if the amount of
    the contract is less than $1500; and
        F. the award of the contract would not cause the
    aggregate amount of all such contracts so awarded to the
    same person, firm, association, partnership, corporation,
    or cooperative association in the same fiscal year to
    exceed $25,000.
    (c) In addition to the exemptions under subsection (b) of
this Section, a above exemption, any board member may provide
materials, merchandise, property, services or labor if:
        A. the award of the contract is approved by a majority
    vote of the board provided that any such interested member
    shall abstain from voting; and
        B. the amount of the contract does not exceed $250; and
        C. the award of the contract would not cause the
    aggregate amount of all such contracts so awarded to the
    same person, firm, association, partnership, corporation,
    or cooperative association in the same fiscal year to
    exceed $500; and
        D. such interested member publicly discloses the
    nature and extent of his interest prior to or during
    deliberations concerning the proposed award of the
    contract; and
        E. such interested member abstains from voting on the
    award of the contract, though he shall be considered
    present for the purposes of establishing a quorum.
    (d) A contract for the procurement of public utility
services by a district with a public utility company is not
barred by this Section by one or more members of the board
being an officer or employee of the public utility company or
holding an ownership interest of no more than 7 1/2% in the
public utility company. A An elected or appointed member of the
board having such an interest shall be deemed not to have a
prohibited interest under this Section.
    (e) This Section does not prohibit a student member of the
board from maintaining official status as an enrolled student,
from maintaining normal student employment at the college or
from receiving scholarships or grants when the eligibility for
the scholarships or grants is not determined by the board.
    (f) Nothing contained in this Section shall preclude a
contract of deposit of monies, loans or other financial
services by a district with a local bank or local savings and
loan association, regardless of whether a member or members of
the community college board are interested in such bank or
savings and loan association as a director, as an officer or
employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested
member or members of the community college board must publicly
state the nature and extent of their interest during
deliberations concerning the proposed award of such a contract,
but shall not participate in any further deliberations
concerning the proposed award. Such interested member or
members shall not vote on such a proposed award. Any member or
members abstaining from participation in deliberations and
voting under this Section may be considered present for
purposes of establishing a quorum. Award of such a contract
shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such
contract in which a member or members are interested may only
be made at a regularly scheduled public meeting of the
community college board.
    (g) Any board member who violates this Section is guilty of
a Class 4 felony and in addition thereto any office held by
such person so convicted shall become vacant and shall be so
declared as part of the judgment of the court.
(Source: P.A. 86-930.)
 
    (110 ILCS 805/3-53)
    Sec. 3-53. Private-public partnership boards.
    (a) In this Section:
    "Advanced manufacturing technology" means a program of
study that leads students to an industry certification,
diploma, degree, or combination of these in skills and
competencies needed by manufacturers.
    "Industry certification" means an industry-recognized
credential that is (i) industry created, (ii) nationally
portable, (iii) third-party-validated by either the
International Organization for Standardization or the American
National Standards Institute and is data-based and supported.
    "Institution" means a public high school or community
college, including a community college in a community college
district to which Article 7 of this Act applies, that offers
instruction in advanced manufacturing technology for credit
towards a degree.
    "Private-public partnership board" means a formal group of
volunteers within a community college district that may be
comprised of some, but not necessarily all, of the following:
local and regional manufacturers, applicable labor unions,
community college officials, school district superintendents,
high school principals, workforce investment boards, or other
individuals willing to participate.
    (b) The creation of a private-public partnership board is
encouraged and may be authorized at each community college. A
board, if created, shall meet no less than 5 of the following
criteria:
        (1) be minimally comprised of those entities described
    in subsection (a) of this Section;
        (2) be led cooperatively by a manufacturer, a school
    district superintendent, and a community college president
    or their designees;
        (3) meet no less than 4 times each year during State
    fiscal years 2015 and 2016 and thereafter no less than
    twice each State fiscal year;
        (4) encourage and define the implementation of
    programs of study in advanced manufacturing technology to
    meet the competency and skill demands of manufacturers;
        (5) define a minimum of 4 programs of study in advanced
    manufacturing technology to meet the needs of the broadest
    number of manufacturers in the area;
        (6) encourage formal alignment and dual-credit
    opportunities for high school students who begin advanced
    manufacturing technology training to transition to
    community college programs of study in advanced
    manufacturing technology; and
        (7) establish, as its foundation, the certified
    production technician credential offered by the
    Manufacturing Skill Standards Council or its successor
    entity.
(Source: P.A. 98-1069, eff. 8-26-14.)
 
    (110 ILCS 805/5-3)  (from Ch. 122, par. 105-3)
    Sec. 5-3. Community college districts desiring to
participate in the program authorized in Section 5-1 of this
Act shall make a written application to the State Board on
forms provided by such Board. The State Board may require the
following information:
        (a) Description of present facilities and those
    planned for construction.
        (b) Present community college enrollment.
        (c) (Blank). The projected enrollment over the next 5
    years. However, no application shall be accepted unless
    such district contains 3 counties, or that portion of 3
    counties not included in an existing community college
    district, or the projected enrollment shows more than 1,000
    fulltime equivalent students within 5 years in districts
    outside the Chicago standard metropolitan area and more
    than 2,000 fulltime equivalent students in the Chicago
    standard metropolitan area, such area as defined by U.S.
    Bureau of Census.
        (d) Outline of community college curricula, including
    vocational and technical education, present and proposed.
        (e) District financial report including financing
    plans for district's share of costs.
        (f) Facts showing adequate standards for the physical
    plant, heating, lighting, ventilation, sanitation, safety,
    equipment and supplies, instruction and teaching,
    curricula, library, operation, maintenance, administration
    and supervision.
        (g) Survey of the existing community college or
    proposed community college service area and the proper
    location of the site in relation to the existing
    institutions of higher education offering
    pre-professional, occupational and technical training
    curricula. The factual survey must show the possible
    enrollment, assessed valuation, industrial, business,
    agricultural and other conditions reflecting educational
    needs in the area to be served; however, no community
    college will be authorized in any location which, on the
    basis of the evidence supplied by the factual survey, shall
    be deemed inadequate for the maintenance of desirable
    standards for the offering of basic subjects of general
    education, semiprofessional and technical curricula.
        (h) Such other information as the State Board may
    require.
(Source: P.A. 78-669.)
 
    (110 ILCS 805/5-4)  (from Ch. 122, par. 105-4)
    Sec. 5-4. Any community college district desiring to
participate in the program for new academic facilities or any
facilities built or bought under contract entered into after
July 7, 1964, shall file an application with the State Board
prior to such dates as are designated by the State Board. The
State Board in providing priorities if such are needed because
of limited funds shall be regulated by objective criteria which
shall be such as will tend best to achieve the objectives of
this Article, while leaving opportunity and flexibility for the
development of standards and methods that will best accommodate
the varied needs of the community colleges in the State. Basic
criteria shall give special consideration to the expansion of
enrollment capacity and shall include consideration of the
degree to which the applicant districts effectively utilize
existing facilities and which allow the Board, for priority
purposes, to provide for the grouping in a reasonable manner,
the application for facilities according to functional or
educational type.
(Source: P.A. 78-669.)
 
    (110 ILCS 805/5-6)  (from Ch. 122, par. 105-6)
    Sec. 5-6. Any community college district may, as a part of
its 25% contribution for building purposes, contribute real
property situated within the geographical boundaries of such
community college district at market value as determined at the
time the contribution is made to the Capital Development Board
in accordance with the program and budget, the plan as approved
by the State Board by 3 licensed appraisers appointed by the
State Board, except that where a community college district has
acquired such lands without cost or for a consideration
substantially less than the market value thereof at the time of
acquisition, the amount of the community college district's
contribution for the land shall be limited (a) to the
difference, if any, between the appraised market value at the
time of acquisition and the appraised market value at the time
the contribution is made to the Capital Development Board, if
the grantor is the Federal government, (except that no property
acquired prior to December 18, 1975 shall be affected by the
provisions of this section), or any department, agency, board
or commission thereof or (b) to the actual amount, if any, of
the consideration paid for the land if the grantor is the State
of Illinois or any department, agency, board or commission
thereof.
    In the event the highest appraisal exceeds the average of
the other two appraisals by more than 10%, such appraisal shall
not be considered in determining the market value of the land
and a new appraiser shall be appointed by the State Board, who
shall re-appraise the land. The re-appraisal shall then become
the third appraisal as required by this section. The cost of
the appraisement shall be paid by the community college
district.
(Source: P.A. 84-1308.)
 
    (110 ILCS 805/5-7)  (from Ch. 122, par. 105-7)
    Sec. 5-7. Transfer of funds or designation of real
property. As part of Prior to entering into an agreement with
the Capital Development Board, the community college board
shall transfer to the Capital Development Board funds or
designate for building purposes any real property it may own,
either improved or unimproved, situated within the
geographical boundaries of such community college district, or
both, in an amount equal to at least 25% of the total amount
necessary to finance the project, except that no real property
may be so designated, unless prior to its acquisition by the
community college district after December 18, 1975 the Capital
Development Board has had an opportunity to evaluate the land
and issue a report concerning its suitability for construction
purposes. Of the total funds transferred from the community
college board to the Capital Development Board, an amount equal
to 40% of each of the fees under an architect or engineer
contract, including any reimbursable items under the contract
to cover contractual obligations through the design
development phase of the project, shall be transferred prior to
the signing of the contract. Prior to approval to proceed
beyond the design development stage or to advertising the first
bid package of a phased-bid project, whichever comes first, the
community college board shall transfer funds to the Capital
Development Board in an amount equal to the balance of the
local share of the total project cost. For the purposes of this
Section, the proceeds derived from the sale of bonds as
provided in this Act, any lands designated as all or part of
the 25% contribution by the community college district or any
other money available to the community college for building
purposes may be used.
(Source: P.A. 89-281, eff. 8-10-95.)
 
    (110 ILCS 805/5A-15)
    Sec. 5A-15. Guaranteed energy savings contract.
"Guaranteed energy savings contract" means a contract for: (i)
the implementation of an energy audit, data collection, and
other related analyses preliminary to the undertaking of energy
conservation measures; (ii) the evaluation and recommendation
of energy conservation measures; (iii) the implementation of
one or more energy conservation measures; and (iv) the
implementation of project monitoring and data collection to
verify post-installation energy consumption and energy-related
operating costs. The contract shall provide that all payments,
except obligations on termination of the contract before its
expiration, are to be made over time and that the savings are
guaranteed to the extent necessary to pay the costs of the
energy conservation measures. Energy savings may include
energy reduction and offsetting sources of renewable energy
funds, including renewable energy credits and carbon credits.
(Source: P.A. 88-173.)
 
    (110 ILCS 805/5A-25)
    Sec. 5A-25. Request for proposals. "Request for proposals"
means a competitive selection achieved by negotiated
procurement. The request for proposals shall be submitted to
the administrators of the Capital Development Board announced
in the Illinois Procurement Bulletin for publication and
through at least one public notice, at least 14 days before the
request date in a newspaper published in the district, or if no
newspaper is published in the district, in a newspaper of
general circulation in the area of the district, by a community
college district that will administer the program, requesting
innovative solutions and proposals for energy conservation
measures. Proposals submitted shall be sealed. The request for
proposals shall include all of the following:
        (1) The name and address of the community college
    district.
        (2) The name, address, title, and phone number of a
    contact person.
        (3) Notice indicating that the community college
    district is requesting qualified providers to propose
    energy conservation measures through a guaranteed energy
    savings contract.
        (4) The date, time, and place where proposals must be
    received.
        (5) The evaluation criteria for assessing the
    proposals.
        (6) Any other stipulations and clarifications the
    community college district may require.
(Source: P.A. 94-1062, eff. 7-31-06.)
 
    (110 ILCS 805/5A-35)
    Sec. 5A-35. Award of guaranteed energy savings contract.
Sealed proposals must be opened by a member or employee of the
community college board at a public opening at which the
contents of the proposals must be announced. Each person or
entity submitting a sealed proposal must receive at least 10
days notice of the time and place of the opening. The community
college district shall select the qualified provider that best
meets the needs of the district. The community college district
shall provide public notice of the meeting at which it proposes
to award a guaranteed energy savings contract of the names of
the parties to the proposed contract and of the purpose of the
contract. The public notice shall be made at least 10 days
prior to the meeting. After evaluating the proposals under
Section 5A-30, a community college district may enter into a
guaranteed energy savings contract with a qualified provider if
it finds that the amount it would spend on the energy
conservation measures recommended in the proposal would not
exceed the amount to be saved in either energy or operational
costs, or both, within a 20-year period from the date of
installation, if the recommendations in the proposal are
followed. Contracts let or awarded shall be submitted to the
administrators of the Capital Development Board Procurement
Bulletin for publication published in the next available
subsequent Illinois Procurement Bulletin.
(Source: P.A. 94-1062, eff. 7-31-06.)
 
    (110 ILCS 805/5A-45)
    Sec. 5A-45. Installment payment contract; lease purchase
agreement. A community college district or 2 or more such
districts in combination may enter into an installment payment
contract or lease purchase agreement with a qualified provider
or with a third-party lender, as authorized by law, for the
funding or financing of the purchase and installation of energy
conservation measures by a qualified provider. Every community
college district may issue certificates evidencing the
indebtedness incurred pursuant to the contracts or agreements.
Any such contract or agreement shall be valid whether or not an
appropriation with respect thereto is first included in any
annual or additional or supplemental budget adopted by the
community college district. Each contract or agreement entered
into by a community college district pursuant to this Section
shall be authorized by official action resolution of the
community college board. The authority granted under this
Section is in addition to any other authority granted by law.
(Source: P.A. 95-612, eff. 9-11-07.)
 
    (110 ILCS 805/6-2)  (from Ch. 122, par. 106-2)
    Sec. 6-2. Any graduate of a recognized high school or
student otherwise qualified to attend a public community
college and residing outside a community college district but
within this State who notifies the board of education of his
district may, subject to Section 3-17, attend any recognized
public community college in the State at the tuition rate of a
student residing in the district. Subject to appropriation,
which he chooses, and the State Board board of education of
that district shall pay the difference between the in-district
and out-of-district tuition amounts to the community college
district his tuition, as defined herein, for any semester,
quarter or term of that academic year and the following summer
term from the educational fund or the proceeds of a levy made
under Section 6-1. In addition, any graduate of a recognized
high school or student otherwise qualified to attend a public
community college and residing in a new community college
district formed pursuant to Section 6-6.1 who notifies the
board of education of his district may, subject to the
provisions of Section 3-17, attend any recognized public
community college in the State, and the board of education of
that district shall pay his tuition until January 1, 1991. If a
resident is not eligible for tuition for a summer term because
he did not notify his board of education by the previous
September 15, he may become eligible for that tuition for a
summer term by giving notice to the board of education by May
15 preceding his enrollment for the summer term. Such tuition
may not exceed the per capita cost of the community college
attended for the previous year, or in the case of the first
year of operation the estimated per capita cost, less certain
deductions to be computed in the manner set forth below. The
community college per capita cost shall be computed, in a
manner consistent with any accounting system prescribed by the
State Board, by adding all of the non-capital expenditures,
including interest, to the depreciation on capital outlay
expenditures paid from sources other than State and Federal
funds and then dividing by the number of full-time equivalent
students for the fiscal year as defined in this Section. The
community college tuition to be charged to the district of the
student's residence shall be computed, in a manner consistent
with any accounting system prescribed by the State Board, by
adding all of the non-capital expenditures for the previous
year, including interest, to the depreciation on capital outlay
expenditures paid from sources other than State and Federal
funds less any payments toward non-capital expenditures
received from State and Federal sources for the previous year
except grants through the State Board, as authorized in Section
2-16 or 2-16.02, as the case may be, and then dividing by the
number of full-time equivalent students for that fiscal year as
defined in this Section; this average per student computation
shall be converted to a semester hour or quarter hour base and
further reduced by the combined rate of State grants other than
equalization grants for the current year as provided for in
Section 2-16.02 and any rate of tuition and fees assessed all
students for the current year as authorized in Section 6-4.
    Any person who has notified the board of education of his
or her district as provided above and who is a resident of that
district at the time of such notification shall have his or her
tuition paid by that district for that academic year and the
following summer term so long as he or she resides in Illinois
outside a community college district. If he or she becomes a
resident of a community college district, he or she shall be
classified as a resident of that district at the beginning of
any semester, quarter or term following that change of
residence and the State Board shall no longer pay the
difference in tuition rates.
    If a resident of a community college district wishes to
attend the community college maintained by the district of his
or her residence but the program in which the student wishes to
enroll is not offered by that community college, and the
community college maintained by the district of his residence
does not have a contractual agreement under Section 3-40 of
this Act for such program, the student may attend any
recognized public community college in some other district,
subject to the provisions of Section 3-17, and have his or her
tuition, as defined herein, paid by the community college
district of his or her residence while enrolled in a program at
that college which is not offered by his or her home community
college if he or she makes application to his or her home board
at least 30 days prior to the beginning of any semester,
quarter or term in accordance with rules, regulations and
procedures established and published by his or her home board.
The payment of tuition by his or her district of residence may
not exceed the per capita cost of the community college
attended for the previous year, or in the case of the first
year of operation the estimated per capita cost, less certain
deductions, to be computed by adding all of the non-capital
expenditures for the previous year, including interest, to the
depreciation on the capital outlay expenditures paid from
sources other than State and federal funds, less any payments
toward non-capital expenditures received from State and
federal sources for the previous year (except for grants
through the State Board under Section 2-16.02 of this Act), and
dividing that amount by the number of full-time equivalent
students for that fiscal year as defined under this Section.
This average per student computation shall be converted to a
semester hour base and further reduced by the combined rate of
State grants, other than equalization grants for the current
year as provided under Section 2-16.02 of this Act, and any
rate of tuition and fees assessed for all students for the
current year as authorized under Section 6-4 of this Act. in
the manner set forth above for the community college tuition to
be charged to the district of the student's residence.
    Payment shall be made hereunder to the community college
district of attendance immediately upon receipt, by the
district liable for the payment, of a statement from that
community college district of the amount due it. Before sending
such a statement requesting payment, however, the community
college district of attendance shall make all calculations and
deductions required under this Section so that the amount
requested for payment is the exact amount required under this
Section to be paid by the district liable for payment.
    If the moneys in the educational fund or the proceeds from
a levy made under Section 6-1 of a district liable for payments
under this Section are insufficient to meet such payments, the
district liable for such payments may issue tax anticipation
warrants as provided in Section 3-20.10.
    A full-time equivalent student for a semester, quarter or
term is defined as a student doing 15 semester hours of work
per semester or 15 quarter hours of work per quarter or the
equivalent thereof, and the number of full-time equivalent
students enrolled per term shall be determined by dividing by
15 the total number of semester hours or quarter hours of work
for which State Board grants are received, or the equivalent
thereof, carried by all students of the college through the
mid-term of each semester, quarter or term. The number of
full-time equivalent students for a fiscal year shall be
computed by adding the total number of semester hours or
quarter hours of work or the equivalent thereof carried by all
students of the college through the mid-term of each semester,
quarter or term during that fiscal year and dividing that sum
by 30 semester hours or 45 quarter hours or the equivalent
thereof depending upon the credit hour system utilized by the
college. Tuition of students carrying more or less than 15
semester hours of work per semester or 15 quarter hours of work
per quarter or the equivalent thereof shall be computed in the
proportion which the number of hours so carried bears to 15
semester hours or 15 quarter hours or the equivalent thereof.
    If the United States Government, the State of Illinois, or
any agency pays tuition for any community college student,
neither the district of residence of the student nor the
student may be required to pay that tuition or such part
thereof as is otherwise paid. No part of the State's financial
responsibility provided for in Section 2-16 may be transferred
to a student's district of residence under this Section.
(Source: P.A. 86-469; 86-1246; 87-1018.)
 
    (110 ILCS 805/6-4.1)  (from Ch. 122, par. 106-4.1)
    Sec. 6-4.1. If a resident of Illinois qualifies for
admission to a public community college under Section 3-17 but
does not qualify for financial support under Section 6-2, he
may be enrolled in the college upon payment of the difference
between the per capita cost as defined in Section 6-2 less any
payments toward noncapital expenditures received from State
and federal sources for the previous year except grants through
the State Board as authorized in Section 2-16 or 2-16.02, as
the case may be, converted to a semester hour or quarter hour
base, and the combined rate of State grants other than
equalization grants for the current year as authorized in
Section 2-16.02, notwithstanding tuition limits of Section
6-4. Subject to Section 3-17, a public community college may
accept out-of-state students upon payment of the per capita
cost as defined in Section 6-2. Notwithstanding the provisions
of this Section, the out-of-district or out-of-state tuition,
whichever is applicable, may be waived for a student who is
employed for at least 35 hours per week by an entity located in
the district or is enrolled in a course that is being provided
under terms of a contract for services between the employing
entity and the college.
(Source: P.A. 86-1246; 87-741; 87-1018.)
 
    (110 ILCS 805/6-4.2 new)
    Sec. 6-4.2. In-district tuition charge. Notwithstanding
any other provision of law or administrative rule to the
contrary, for tuition purposes, a student shall be classified
as a resident of a community college district after
establishing the 30-day residency requirement of the district.
 
    (110 ILCS 805/7-5)  (from Ch. 122, par. 107-5)
    Sec. 7-5. The Until January 1, 1972, the fiscal year of the
Board is the calendar year, and thereafter the fiscal year
shall commence on the first day of July and end on the last day
of June of each succeeding year. To effect this transition the
Board shall adopt a resolution establishing the first fiscal
year for the period commencing on January 1, 1972, and ending
on June 30, 1973. All reports of the chief administrative
officer, the budget and all appropriations shall be prepared
for such period.
    The board and its officers shall have all necessary powers
to effectuate such change in the fiscal year, but the
proceedings had pursuant to this Section shall not alter the
procedures for the levy of taxes as provided in Section 7-18.
(Source: P.A. 77-676.)
 
    (110 ILCS 805/7-9)  (from Ch. 122, par. 107-9)
    Sec. 7-9. The budget shall set forth estimates, by classes,
of all current assets and liabilities of each fund of the board
as of the beginning of the fiscal year, and the amounts of
those assets estimated to be available for appropriation in
that year, either for expenditures or charges to be made or
incurred during that year or for liabilities unpaid at the
beginning thereof. Estimates of taxes to be received from the
levies of prior years shall be net, after deducting amounts
estimated to be sufficient to cover the loss and cost of
collecting those taxes and also deferred collections thereof
and abatements in the amount of those taxes extended or to be
extended upon the collectors' books.
    Estimates of the liabilities of the respective funds shall
include:
        1. All final judgments, including accrued interest
    thereon, entered against the board and unpaid at the
    beginning of that fiscal year;
        2. The principal of all tax anticipation warrants and
    all temporary loans and all accrued interest thereon unpaid
    at the beginning of that fiscal year;
        3. Any amount for which the board is required under
    this Act to reimburse the working cash fund from the
    educational fund and operations and maintenance fund; and
        4. The amount of all accounts payable including
    estimates of audited vouchers, participation certificates,
    interfund loans and purchase orders payable.
    The budget shall also set forth detailed estimates of all
taxes to be levied for that year and of all current revenues to
be derived from sources other than taxes, including State and
Federal contributions, rents, fees, perquisites, and all other
types of revenue, which will be applicable to expenditures or
charges to be made or incurred during that year.
    No estimate of taxes to be levied during the fiscal year
for educational purposes and operations and maintenance of
facilities purposes may exceed a sum equivalent to the product
of the value of the taxable property in the district, as
ascertained by the last assessment for State and county taxes
previous to the passage of the budget, multiplied by the
maximum per cent or rate of tax which the corporate authorities
of the city are authorized by law to levy for the current
fiscal year for those purposes: Provided that any estimate of
taxes to be levied for the year 1975 collectible in 1976 and
for the first half of the year 1976 collectible in 1977 for
educational purposes and operations and maintenance of
facilities purposes may be equal to a sum equivalent to the
product of the value of the taxable property in the district,
as ascertained by the 1972 assessment for State and county
taxes, multiplied by the maximum per cent or rate of tax which
the corporate authorities of the city are authorized by law to
levy for the current fiscal year for those purposes.
    All these estimates shall be so segregated and classified
as to funds and in such other manner as to give effect to the
requirements of law relating to the respective purposes to
which the assets and taxes and other current revenues are
applicable, so that no expenditure will be authorized or made
for any purpose in excess of the money lawfully available
therefor.
    The several estimates of assets, liabilities and
expenditure requirements required or authorized to be made by
this Section and by Section 7-10 shall be made on the basis of
information known to the board at the time of the passage of
the annual budget and are not invalidated or otherwise subject
to attack merely because after that time additional information
is known to or could be discovered by the board that would
require a different estimate or because the board might have
amended these estimates under Section 7-12.
(Source: P.A. 85-1335.)
 
    (110 ILCS 805/7-25)  (from Ch. 122, par. 107-25)
    Sec. 7-25. Issuance of bonds; terms and sale. The board may
incur an indebtedness and issue bonds for the purpose of
erecting, purchasing or otherwise acquiring buildings suitable
for community college use, transferring funds to the Capital
Development Board Illinois Building Authority for community
college building purposes, erecting temporary community
college structures, erecting additions to, repairing,
rehabilitating and replacing existing community college
buildings and temporary community college structures,
furnishing and equipping community college buildings and
temporary community college structures, and purchasing or
otherwise acquiring and improving sites for such purposes.
    The bonds may not be issued until the proposition of
authorizing such bonds has been certified to the proper
election officials, who shall have submitted it to the electors
of the city at a regular scheduled election in accordance with
the general election law, and approved by a majority of the
electors voting upon that question.
    The board shall adopt a resolution providing for certifying
that proposition for such an election. In addition to the
requirements of the general election law the notice of the
referendum must contain the amount of the bond issue, maximum
rate of interest and purpose for which issued. This notice
shall be published in accordance with the general election law.
    The proposition shall be in substantially the following
form:
-------------------------------------------------------------
    Shall bonds in the amount of
$............ be issued by the
Board of community College District        YES
No....., County of.... and State of
Illinois for the purpose of (Here
print the purpose of the public       -----------------------
measure) bearing interest at the
rate of not to exceed the maximum
rate authorized  by the Bond               NO
Authorization Act, as amended at the
time of the making of the contract?
-------------------------------------------------------------
    Whenever the board desires to issue bonds as herein
authorized, it shall adopt a resolution designating the purpose
for which the proceeds of the bonds are to be expended and
fixing the amount of the bonds proposed to be issued, the
maturity thereof, and optional provisions, if any, the rate of
interest thereon, and the amount of taxes to be levied annually
for the purpose of paying the interest upon and the principal
of such bonds.
    The bonds shall bear interest at the rate of not more than
the maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, and shall
mature within not to exceed 20 years from their date, and may
be made callable on any interest payment date at par and
accrued interest, after notice has been given, at the time and
in the manner provided in the bond resolution.
    The bonds shall be issued in the corporate name of the
community college district, and they shall be signed by the
chairman and secretary of the community college board. The
bonds shall also be registered, numbered and countersigned by
the treasurer who receives the taxes of the district. The
registration shall be in a book in which shall be entered the
record of the election authorizing the board to borrow money
and a description of the bonds issued, including the number,
date, to whom issued, amount, rate of interest and when due.
    The bonds shall be sold by the board upon such terms as are
approved by the board after advertisement for bids, and the
proceeds thereof shall be received by the community college
treasurer, and expended by the board for the purposes provided
in the bond resolution.
    The community college treasurer shall, before receiving
any of such money, execute a surety bond conditioned upon the
faithful discharge of his duties with a surety company
authorized to do business in this State, which surety bond
shall be approved by the community college board and filed as
otherwise required under this Act for the treasurer's bond. The
penalty of the surety bond shall be in the amount of such bond
issue. The surety bond shall be in substantially the same form
as the bond otherwise required under this Act for the treasurer
and when so given shall fully describe the bond issue which it
specifically covers and shall remain in force until the funds
of the bond issue are fully disbursed in accordance with the
law.
    Before or at the time of issuing any bonds herein
authorized, the board shall by resolution provide for the levy
and collection of a direct annual tax upon all the taxable
property of such community college district sufficient to pay
and discharge the principal thereof at maturity and to pay the
interest thereon as it falls due. Such tax shall be levied and
collected in like manner with the other taxes of the community
college district and shall be in addition to and exclusive of
the maximum of all other taxes which the board is authorized by
law to levy for community college purposes. Upon the filing in
the office of the county clerk of the county wherein such
community college district is located of a certified copy of
any such ordinance, the county clerk shall extend the tax
therein provided for, including an amount to cover loss and
cost of collecting such taxes and also deferred collections
thereof and abatements in the amounts of such taxes as extended
upon the collector's books. The ordinance shall be in force
upon its passage.
    With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 89-281, eff. 8-10-95.)
 
    (110 ILCS 805/7-26)  (from Ch. 122, par. 107-26)
    Sec. 7-26. Issuance of bonds not exceeding $15,000,000
aggregate. The board may incur an indebtedness and issue bonds
therefor in an amount or amounts not to exceed in the aggregate
$15,000,000 for the purpose of erecting, purchasing, or
otherwise acquiring buildings suitable for community college
use, transferring funds to the Capital Development Board
Illinois Building Authority for community college building
purposes, erecting temporary community college structures,
erecting additions to, repairing, rehabilitating, and
replacing existing community college buildings and temporary
community college structures, furnishing and equipping
community college buildings and temporary community college
structures, and purchasing or otherwise acquiring and
improving sites for such purposes. The bonds may be issued
without submitting the question of issuance thereof to the
voters of the community college district for approval.
    Whenever the board desires to issue bonds as herein
authorized, it shall adopt a resolution designating the purpose
for which the proceeds of the bonds are to be expended and
fixing the amount of the bonds proposed to be issued, the
schedule of the maturities thereof; and optional provisions, if
any, and the maximum rate of interest thereon and directing the
sale upon such terms as are determined by the board.
    The secretary of the board shall cause such sale to be
advertised by publication of a notice of sale once, as a legal
notice in a newspaper having general circulation in the
district, and once in a financial journal published in the City
of New York, New York, or Chicago, Illinois. Such notice of
sale shall be published not less than 7 nor more than 21 days
prior to the date set for the sale of the bonds being
advertised. The notice of sale shall state that sealed bids
will be received by the board for its bonds and shall include:
the amount, date, maturity or maturities of such bonds; the
date, time and place of receipt of bids; the maximum
permissible interest rate; the basis upon which the bonds will
be awarded; call provisions, if any; and such other information
as the board may deem pertinent.
    After the bonds have been awarded to the successful bidder,
the board shall adopt a resolution confirming the sale of said
bonds to the successful bidder, setting forth the terms of
sale, designating the place of payment for the principal and
interest, prescribing the form of bond and determining the
amount of taxes to be levied annually for each of the years in
which said bonds are outstanding for the purpose of paying the
interest on and the principal of such bonds.
    The bonds shall be issued in the corporate name of the
community college district, and they shall be signed by the
chairman and secretary of the community college board. The
bonds shall bear interest at a rate of not more than the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract, and shall
mature within 20 years from the date of issuance, and may be
made callable on any interest payment date at par and accrued
interest, after notice has been given, at the time and in the
manner provided in the bond resolution. The proceeds of sale of
said bonds shall be received by the community college
treasurer, and expended by the board for the purpose provided
in the bond resolution.
    The community college treasurer shall, before receiving
any of such money, execute a surety bond with a surety company
authorized to do business in this State conditioned upon the
faithful discharge of his duties. That surety bond must pass
approval by the community college board and, upon such
approval, shall be filed as otherwise required under this Act
for the treasurer's bond. The penalty of the surety bond shall
be in the amount of such bond issue. The surety bond shall be
in substantially the same form as the bond otherwise required
under this Act for the treasurer and when so given shall fully
describe the bond issue which it specifically covers and shall
remain in force until the funds of the bond issue are fully
disbursed in accordance with the law.
    Before or at the time of issuing any bonds herein
authorized, the city council, upon the demand and under the
direction of the board shall, by ordinance, provide for the
levy and collection of a direct annual tax upon all the taxable
property within the community college district sufficient to
pay and discharge the principal thereof at maturity and to pay
the interest thereon as it falls due. Such tax shall be levied
and collected in like manner with the other taxes of the
community college district and shall be in addition to and
exclusive of the maximum of all other taxes which the board is
authorized by law to levy for community college purposes. Upon
the filing in the office of the county clerk of each county
wherein such community college district is located of a
certified copy of any such ordinance, the county clerk shall
extend the tax therein provided for, including an amount to
cover loss and cost of collecting such taxes and also deferred
collections thereof and abatements in the amounts of such taxes
as extended upon the collector's books.
    With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
(Source: P.A. 89-281, eff. 8-10-95.)
 
    (110 ILCS 805/2-6.1 rep.)
    (110 ILCS 805/2-11.1 rep.)
    (110 ILCS 805/2-16.03 rep.)
    (110 ILCS 805/2-20 rep.)
    (110 ILCS 805/2-25 rep.)
    (110 ILCS 805/3-7b rep.)
    (110 ILCS 805/3-12 rep.)
    (110 ILCS 805/3-12.1 rep.)
    (110 ILCS 805/3-12.2 rep.)
    (110 ILCS 805/3-20.7 rep.)
    (110 ILCS 805/3-22.3 rep.)
    (110 ILCS 805/3-31.2 rep.)
    (110 ILCS 805/3-40.2 rep.)
    (110 ILCS 805/3-46.1 rep.)
    (110 ILCS 805/5-8 rep.)
    (110 ILCS 805/6-1 rep.)
    (110 ILCS 805/6-6.1 rep.)
    Section 15. The Public Community College Act is amended by
repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b,
3-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1,
5-8, 6-1, and 6-6.1.
INDEX
Statutes amended in order of appearance
    30 ILCS 105/5.325 rep.
    110 ILCS 805/1-2from Ch. 122, par. 101-2
    110 ILCS 805/2-11from Ch. 122, par. 102-11
    110 ILCS 805/2-12from Ch. 122, par. 102-12
    110 ILCS 805/2-12.1from Ch. 122, par. 102-12.1
    110 ILCS 805/2-15from Ch. 122, par. 102-15
    110 ILCS 805/2-16.02from Ch. 122, par. 102-16.02
    110 ILCS 805/2-24
    110 ILCS 805/3-7from Ch. 122, par. 103-7
    110 ILCS 805/3-7awas 110 ILCS 805/3-7, subsec. c
    110 ILCS 805/3-14.2from Ch. 122, par. 103-14.2
    110 ILCS 805/3-14.3from Ch. 122, par. 103-14.3
    110 ILCS 805/3-20.1from Ch. 122, par. 103-20.1
    110 ILCS 805/3-22.1from Ch. 122, par. 103-22.1
    110 ILCS 805/3-25.1from Ch. 122, par. 103-25.1
    110 ILCS 805/3-26.1from Ch. 122, par. 103-26.1
    110 ILCS 805/3-29from Ch. 122, par. 103-29
    110 ILCS 805/3-40from Ch. 122, par. 103-40
    110 ILCS 805/3-42.1from Ch. 122, par. 103-42.1
    110 ILCS 805/3-48from Ch. 122, par. 103-48
    110 ILCS 805/3-53
    110 ILCS 805/5-3from Ch. 122, par. 105-3
    110 ILCS 805/5-4from Ch. 122, par. 105-4
    110 ILCS 805/5-6from Ch. 122, par. 105-6
    110 ILCS 805/5-7from Ch. 122, par. 105-7
    110 ILCS 805/5A-15
    110 ILCS 805/5A-25
    110 ILCS 805/5A-35
    110 ILCS 805/5A-45
    110 ILCS 805/6-2from Ch. 122, par. 106-2
    110 ILCS 805/6-4.1from Ch. 122, par. 106-4.1
    110 ILCS 805/6-4.2 new
    110 ILCS 805/7-5from Ch. 122, par. 107-5
    110 ILCS 805/7-9from Ch. 122, par. 107-9
    110 ILCS 805/7-25from Ch. 122, par. 107-25
    110 ILCS 805/7-26from Ch. 122, par. 107-26
    110 ILCS 805/2-6.1 rep.
    110 ILCS 805/2-11.1 rep.
    110 ILCS 805/2-16.03 rep.
    110 ILCS 805/2-20 rep.
    110 ILCS 805/2-25 rep.
    110 ILCS 805/3-7b rep.
    110 ILCS 805/3-12 rep.
    110 ILCS 805/3-12.1 rep.
    110 ILCS 805/3-12.2 rep.
    110 ILCS 805/3-20.7 rep.
    110 ILCS 805/3-22.3 rep.
    110 ILCS 805/3-31.2 rep.
    110 ILCS 805/3-40.2 rep.
    110 ILCS 805/3-46.1 rep.
    110 ILCS 805/5-8 rep.
    110 ILCS 805/6-1 rep.
    110 ILCS 805/6-6.1 rep.