Public Act 90-0468 of the 90th General Assembly
Public Act 90-0468
HB1180 Enrolled LRB9002809LDdv
AN ACT to amend the Public Community College Act by
changing Sections 2-16.02, 3-20.3.01 and 3-22.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Community College Act is amended
by changing Sections 2-16.02, 3-20.3.01 and 3-22.1 as
follows:
(110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
Sec. 2-16.02. 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 as
specified by the State Board shall be used to distribute
grants to community colleges. Except for equalization grants,
retirees health insurance grants, grants to districts
established pursuant to Section 6-6.1, and grants for special
initiatives, all grants specified in this Section shall be
based on funded semester credit hours. 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 are not eligible
for reimbursement where the district receives federal or
State financing or both, except financing through the State
Board, for 50% or more of the program costs with the
exception of courses offered by contract with the Department
of Corrections in correctional institutions. After
distributing a grant of up to one-tenth of 1% of the total
available credit hour grant funding to each district with
less than 75,000 funded semester credit hours exclusive of
Department of Corrections credit hours, the remaining Credit
hour 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. Small
district grants, in an amount to be determined by the State
Board, shall be made to each district with less than 75,000
funded semester credit hours, exclusive of Department of
Corrections credit hours.
Grants for Equalization grants shall be distributed to
each district that falls below a statewide threshold
calculated by the State Board by determining a local revenue
factor for each district by: (A) adding (1) each district's
the 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 number
of 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 use 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
calculate a local revenue factor for each district. 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, 1997,
community college districts must maintain a minimum required
in-district tuition rate per semester credit hour as
determined by the State Board. For each fiscal year between
July 1, 1997 and June 30, 2001, districts not meeting the
minimum required rate will be subject to a percent reduction
of equalization funding as determined by the State Board. As
of July 1, 2001, districts must meet the required minimum
in-district tuition rate to qualify for equalization funding.
A special populations grant of a base amount as
determined by the State Board $20,000 per community college
shall be distributed to each community college district., and
Any remaining appropriated funds for special populations
purposes shall be distributed based on factors as determined
by the State Board programs with the exception of moneys
appropriated as grants for unique special populations
initiatives created by the State Board shall be distributed
proportionately to each community college district on the
basis of each district's share of the State total funded
semester credit hours, or equivalent, in
remedial/developmental and adult basic education/adult
secondary education courses. Each community college
district's expenditures of funds from those grants shall be
limited to courses and services related to programs for
educationally disadvantaged and minority students as
specified by the State Board.
A workforce preparation grant of a base grant amount as
determined by the State Board $35,000 shall be distributed to
each community college district., and Any remaining
appropriated funds for workforce preparation programs with
the exception of monies appropriated as grants for special
workforce preparation initiatives created by the State Board
shall be distributed based on factors as determined by the
State Board proportionately to each community college
district on the basis of each district's share of the State
total funded semester credit hours, or equivalent, in
business occupational, technical occupational, and health
occupational courses. Each community college district's
expenditures of funds from those grants shall be limited to
workforce preparation activities and services as specified by
the State Board.
An advanced technology equipment grant shall be
distributed proportionately to each community college
district based on each district's share of the State total
funded semester credit hours, or equivalent, in business
occupational, technical occupational, and health occupational
courses or other measures as determined by the State Board.
Each community college district's expenditures of funds from
those grants shall be limited to procurement of equipment for
curricula impacted by technological advances as specified by
the State Board.
A retirees health insurance grant shall be distributed
proportionately to each community college district or entity
created pursuant to Section 3-55 based on each district's
share of the total number of community college retirees in
the State on July 1 of the fiscal year prior to the fiscal
year for which the grants are appropriated, as determined by
the State Board. Each community college district's
Expenditures of funds from those grants shall be limited to
payment of costs associated with the provision of retirees'
health insurance.
A deferred maintenance grant shall be distributed to each
community college district based upon criteria as determined
by the State Board. Each community college district's
expenditures of funds from those grants shall be limited to
deferred maintenance activities specified by the State Board.
A grant shall be provided to the Illinois Occupational
Information Coordinating Committee for the purpose of
providing the State Board with labor market information by
updating the Occupational Information System and HORIZONS
Career Information System and by providing labor market
information and technical assistance, that grant to be
provided in its entirety during the first quarter of the
fiscal year.
A grant shall be provided to Community College District
#540, that district having been formed under the provisions
of Section 6-6.1, for the purpose of providing funds for the
district to meet operating expenses. The State Board shall
certify, prepare, and submit to the State Comptroller during
August of the fiscal year a voucher setting forth a one-time
payment of any Education Assistance Fund appropriation, and
during November, February, and May of the fiscal year a
voucher setting forth equal payments of General Revenue Fund
appropriations. The Comptroller shall cause a warrant to be
drawn for the amount due, payable to Community College
District #540, within 15 days following the receipt of each
such voucher.
The State Board shall distribute such other special
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 to the
State Comptroller during August, November, February, and May
of each fiscal year vouchers setting forth an amount equal to
25% of the districts' total grants approved by the State
Board for credit hour grants, small district grants, special
populations grants, workforce preparation grants,
equalization grants, advanced technology equipment grants,
deferred maintenance grants, and retirees health insurance
grants. The State Board shall prepare and submit to the State
Comptroller vouchers for special initiatives grant payments
as set forth in the contracts executed pursuant to
appropriations received for special initiatives. The
Comptroller shall cause his warrants to be drawn for the
respective amounts due, payable to each community college
district, within 15 days following the receipt of such
vouchers. If the amount appropriated for grants is different
from the amount provided for such grants under this Act, the
grants shall be proportionately reduced or increased
accordingly.
For the purposes of this Section, "resident student"
means a student in a community college district who maintains
residency in that district or meets other residency
definitions established by the State Board, and who was
enrolled either in one of the approved instructional program
categories in that district, or in another community college
district to which the resident's district is paying tuition
under Section 6-2 or with which the resident's district has
entered into a cooperative agreement in lieu of such tuition.
For the purposes of this Section, a "full-time
equivalent" student is equal to 30 semester credit hours.
The Illinois Community College Board Contracts and Grants
Fund is hereby created in the State Treasury. Items of
income to this fund shall include any grants, awards,
endowments, or like proceeds, and where appropriate, other
funds made available through contracts with governmental,
public, and private agencies or persons. The General
Assembly shall from time to time make appropriations payable
from such fund for the support, improvement, and expenses of
the State Board and Illinois community college districts.
(Source: P.A. 88-103; 88-553; 89-141, eff. 7-14-95; 89-281,
eff. 8-10-95; 89-473, eff. 6-18-96; 89-626, eff. 8-9-96.)
(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
Sec. 3-20.3.01. Whenever, as a result of any lawful
order of any agency, other than a local community college
board, having authority to enforce any law or regulation
designed for the protection, health or safety of community
college students, employees or visitors, or any law or
regulation for the protection and safety of the environment,
pursuant to the "Environmental Protection Act", any local
community college district, including any district to which
Article VII of this Act applies, is required to alter or
repair any physical facilities, or whenever any district
determines that it is necessary for energy conservation,
health or safety, environmental protection or handicapped
accessibility purposes that any physical facilities should be
altered or repaired and that such alterations or repairs will
be made with funds not necessary for the completion of
approved and recommended projects for fire prevention and
safety, or whenever after the effective date of this
amendatory Act of 1984 any district, including any district
to which Article VII applies, provides for alterations or
repairs determined by the local community college board to be
necessary for health and safety, environmental protection,
handicapped accessibility or energy conservation purposes,
such district may, by proper resolution which specifically
identifies the project and which is adopted pursuant to the
provisions of the Open Meetings Act, levy a tax for the
purpose of paying for such alterations or repairs, or survey
by a licensed architect or engineer, upon the equalized
assessed value of all the taxable property of the district at
a rate not to exceed .05% per year for a period sufficient to
finance such alterations or repairs, upon the following
conditions:
(a) When in the judgment of the local community college
board of trustees there are not sufficient funds available in
the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered,
determined as necessary.
(b) When a certified estimate of a licensed architect or
engineer stating the estimated amount of not less than
$25,000 that is necessary to make the alterations or repairs
so ordered or determined as necessary has been secured by the
local community college district and the project and
estimated amount have been approved by the Executive Director
of the State Board.
The filing of a certified copy of the resolution or
ordinance levying the tax when accompanied by the certificate
of approval of the Executive Director of the State Board
shall be the authority of the county clerk or clerks to
extend such tax; provided, however, that in no event shall
the extension for the current and preceding years, if any,
under this Section be greater than the amount so approved,
and interest on bonds issued pursuant to this Section and in
the event such current extension and preceding extensions
exceed such approval and interest, it shall be reduced
proportionately.
The county clerk of each of the counties in which any
community college district levying a tax under the authority
of this Section is located, in reducing raised levies, shall
not consider any such tax as a part of the general levy for
community college purposes and shall not include the same in
the limitation of any other tax rate which may be extended.
Such tax shall be levied and collected in like manner as all
other taxes of community college districts.
The tax rate limit hereinabove specified in this Section
may be increased to .10% upon the approval of a proposition
to effect such increase by a majority of the electors voting
on that proposition at a regular scheduled election. Such
proposition may be initiated by resolution of the local
community college board and shall be certified by the
secretary of the local community college board to the proper
election authorities for submission in accordance with the
general election law.
Each local community college district authorized to levy
any tax pursuant to this Section may also or in the
alternative by proper resolution or ordinance borrow money
for such specifically identified purposes not in excess of
$4,500,000 $1,500,000 in the aggregate at any one time when
in the judgment of the local community college board of
trustees there are not sufficient funds available in the
operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered or
determined as necessary and a certified estimate of a
licensed architect or engineer stating the estimated amount
of not less than $25,000 has been secured by the local
community college district and the project and the estimated
amount have been approved by the State Board, and as evidence
of such indebtedness may issue bonds without referendum.
Such bonds shall bear interest at a rate or rates authorized
by "An Act to authorize public corporations to issue bonds,
other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as now or hereafter amended, shall
mature within 20 years from date, and shall be signed by the
chairman, secretary and treasurer of the local community
college board.
In order to authorize and issue such bonds the local
community college board shall adopt a resolution fixing the
amount of bonds, the date thereof, the maturities thereof and
rates of interest thereof, and the board by such resolution,
or in a district to which Article VII applies the city
council upon demand and under the direction of the board by
ordinance, shall provide for the levy and collection of a
direct annual tax upon all the taxable property in the local
community college district sufficient to pay the principal
and interest on such bonds to maturity. Upon the filing in
the office of the county clerk of each of the counties in
which the community college district is located of a
certified copy of such resolution or ordinance it is the duty
of the county clerk or clerks to extend the tax therefor
without limit as to rate or amount and in addition to and in
excess of all other taxes heretofore or hereafter authorized
to be levied by such community college district.
The State Board shall prepare and enforce regulations and
specifications for minimum requirements for the construction,
remodeling or rehabilitation of heating, ventilating, air
conditioning, lighting, seating, water supply, toilet,
handicapped accessibility, fire safety and any other matter
that will conserve, preserve or provide for the protection
and the health or safety of individuals in or on community
college property and will conserve the integrity of the
physical facilities of the district.
This Section is cumulative and constitutes complete
authority for the issuance of bonds as provided in this
Section notwithstanding any other statute or law to the
contrary.
(Source: P.A. 85-1335.)
(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. The State Board shall file copies of
the uniform financial statements from the audit report and
one copy with the Board of Higher Education.
(Source: P.A. 87-246.)
Section 99. Effective date. This Act takes effect July
1, 1997.