Bill Text: IL HB1940 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the University Credit and Retail Sales Act. Makes a technical change in a Section concerning enforcing the Act.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2018-05-01 - Referred to Assignments [HB1940 Detail]

Download: Illinois-2017-HB1940-Engrossed.html



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

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

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

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

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

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

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1 community college district shall be granted 60 days
2 following the State Board staff recommendation and prior to
3 the State Board's action to respond to concerns regarding
4 the program in question. If the State Board acts to abolish
5 a community college program, the community college
6 district has a right to appeal the decision in accordance
7 with administrative rules promulgated by the State Board
8 under the provisions of the Illinois Administrative
9 Procedure Act.
10 (i) To review and approve or disapprove any contract or
11 agreement that participate in, to recommend approval or
12 disapproval, and to assist in the coordination of the
13 programs of community colleges enter into with any
14 organization, association, educational institution, or
15 government agency to provide educational services for
16 academic credit participating in programs of
17 interinstitutional cooperation with other public or
18 nonpublic institutions of higher education. The State
19 Board is authorized to monitor performance under any
20 contract or agreement that is approved by the State Board.
21 If the State Board does not approve a particular contract
22 or cooperative agreement, the community college district
23 has a right to appeal the decision in accordance with
24 administrative rules promulgated by the State Board under
25 the provisions of the Illinois Administrative Procedure
26 Act.

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

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

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

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

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

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

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

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

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

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

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

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1previously created in the State Treasury, any balances
2remaining in those special funds on August 22, 1997.
3(Source: P.A. 89-141, eff. 7-14-95; 89-473, eff. 6-18-96;
490-358, eff. 1-1-98; 90-509, eff. 8-22-97; 90-655, eff.
57-30-98.)
6 (110 ILCS 805/2-15) (from Ch. 122, par. 102-15)
7 Sec. 2-15. Recognition. The State Board shall grant
8recognition to community colleges which maintain equipment,
9courses of study, standards of scholarship and other
10requirements set by the State Board. Application for
11recognition shall be made to the State Board. The State Board
12shall set the criteria by which the community colleges shall be
13judged and through the executive officer of the State Board
14shall arrange for an official evaluation of the community
15colleges and shall grant recognition of such community colleges
16as may meet the required standards.
17 Recognition shall include a review of compliance with
18Section 3-65 of this Act Public Act 99-482 and other applicable
19State and federal laws regarding employment contracts and
20compensation. Annually, the State Board shall convene an
21advisory committee to review the findings and make
22recommendations for changes or additions to the laws or the
23review procedures.
24 If a community college district fails to meet the
25recognition standards set by the State Board, and if the

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

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

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

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

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1method for allocating equalization funding. A minimum
2equalization grant of an amount per district as determined by
3the State Board shall be established for any community college
4district which qualifies for an equalization grant based upon
5the preceding criteria, but becomes ineligible for
6equalization funding, or would have received a grant of less
7than the minimum equalization grant, due to threshold
8prorations applied to reduce equalization funding. As of July
91, 2013, a community college district eligible to receive an
10equalization grant based upon the preceding criteria must
11maintain a minimum required combined in-district tuition and
12universal fee rate per semester credit hour equal to 70% of the
13State-average combined rate, as determined by the State Board,
14or the total revenue received by the community college district
15from combined in-district tuition and universal fees must be at
16least 30% of the total revenue received by the community
17college district, as determined by the State Board, for
18equalization funding. As of July 1, 2004, a community college
19district must maintain a minimum required operating tax rate
20equal to at least 95% of its maximum authorized tax rate to
21qualify for equalization funding. This 95% minimum tax rate
22requirement shall be based upon the maximum operating tax rate
23as limited by the Property Tax Extension Limitation Law.
24 The State Board shall distribute such other grants as may
25be authorized or appropriated by the General Assembly.
26 Each community college district entitled to State grants

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

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1as residents of the community college district without meeting
2the 30-day residency requirement of the district if they are
3currently residing in the district and are youth (i) who are
4currently under the legal guardianship of the Illinois
5Department of Children and Family Services or have recently
6been emancipated from the Department and (ii) who had
7previously met the 30-day residency requirement of the district
8but who had a placement change into a new community college
9district. The student, a caseworker or other personnel of the
10Department, or the student's attorney or guardian ad litem
11appointed under the Juvenile Court Act of 1987 shall provide
12the district with proof of current in-district residency.
13 For the purposes of this Section, a "full-time equivalent"
14student is equal to 30 semester credit hours.
15 The Illinois Community College Board Contracts and Grants
16Fund is hereby created in the State Treasury. Items of income
17to this fund shall include any grants, awards, endowments, or
18like proceeds, and where appropriate, other funds made
19available through contracts with governmental, public, and
20private agencies or persons. The General Assembly shall from
21time to time make appropriations payable from such fund for the
22support, improvement, and expenses of the State Board and
23Illinois community college districts.
24(Source: P.A. 98-46, eff. 6-28-13; 98-756, eff. 7-16-14;
2599-845, eff. 1-1-17.)

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

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1 (110 ILCS 805/3-7) (from Ch. 122, par. 103-7)
2 Sec. 3-7. (a) The election of the members of the board of
3trustees shall be nonpartisan and shall be held at the time and
4in the manner provided in the general election law.
5 (b) Unless otherwise provided in this Act, members shall be
6elected to serve 6 year terms. The term of members elected in
71985 and thereafter shall be from the date the member is
8officially determined to be elected to the board by a canvass
9conducted pursuant to the Election Code, to the date that the
10winner of the seat is officially determined by the canvass
11conducted pursuant to the Election Code the next time the seat
12on the board is to be filled by election.
13 (c) Each member must on the date of his election be a
14citizen of the United States, of the age of 18 years or over,
15and a resident of the State and the territory which on the date
16of the election is included in the community college district
17for at least one year immediately preceding his election. In
18Community College District No. 526, each member elected at the
19consolidated election in 2005 or thereafter must also be a
20resident of the trustee district he or she represents for at
21least one year immediately preceding his or her election,
22except that in the first consolidated election for each trustee
23district following reapportionment, a candidate for the board
24may be elected from any trustee district that contains a part
25of the trustee district in which he or she resided at the time
26of the reapportionment and may be reelected if a resident of

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1the new trustee district he or she represents for one year
2prior to reelection. In the event a person who is a member of a
3common school board is elected or appointed to a board of
4trustees of a community college district, that person shall be
5permitted to serve the remainder of his or her term of office
6as a member of the common school board. Upon the expiration of
7the common school board term, that person shall not be eligible
8for election or appointment to a common school board during the
9term of office with the community college district board of
10trustees.
11 (d) Whenever a vacancy occurs, the remaining members shall
12fill the vacancy, and the person so appointed shall serve until
13a successor is elected to serve the remainder of the unexpired
14term at the next regular election for board members and is
15certified in accordance with Sections 22-17 and 22-18 of the
16Election Code. If the remaining members fail so to act within
1760 days after the vacancy occurs, the chairman of the State
18Board shall fill that vacancy, and the person so appointed
19shall serve until a successor is elected to serve the remainder
20of the unexpired term at the next regular election for board
21members and is certified in accordance with Sections 22-17 and
2222-18 of the Election Code. The person appointed to fill the
23vacancy shall have the same residential qualifications as his
24predecessor in office was required to have. In either instance,
25if the vacancy occurs with less than 4 months remaining before
26the next scheduled consolidated election, and the term of

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1office of the board member vacating the position is not
2scheduled to expire at that election, then the term of the
3person so appointed shall extend through that election and
4until the succeeding consolidated election. If the term of
5office of the board member vacating the position is scheduled
6to expire at the upcoming consolidated election, the appointed
7member shall serve only until a successor is elected and
8qualified at that election.
9 (e) Members of the board shall serve without compensation
10but shall be reimbursed for their reasonable expenses incurred
11in connection with their service as members. Compensation, for
12purposes of this Section, means any salary or other benefits
13not expressly authorized by this Act to be provided or paid to,
14for or on behalf of members of the board. The board of each
15community college district may adopt a policy providing for the
16issuance of bank credit cards, for use by any board member who
17requests the same in writing and agrees to use the card only
18for the reasonable expenses which he or she incurs in
19connection with his or her service as a board member. Expenses
20charged to such credit cards shall be accounted for separately
21and shall be submitted to the chief financial officer of the
22district for review prior to being reported to the board at its
23next regular meeting.
24 (f) The Except in an election of the initial board for a
25new community college district created pursuant to Section
266-6.1, the ballot for the election of members of the board for

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1a community college district shall indicate the length of term
2for each office to be filled. In the election of a board for
3any community college district, the ballot shall not contain
4any political party designation.
5(Source: P.A. 100-273, eff. 8-22-17.)
6 (110 ILCS 805/3-7a) (was 110 ILCS 805/3-7, subsec. (c))
7 Sec. 3-7a. Trustee districts; Community College District
8No. 522. A board of trustees of a community college district
9which is contiguous or has been contiguous to an experimental
10community college district as authorized and defined by Article
11IV of this Act may, on its own motion, or shall, upon the
12petition of the lesser of 1/10 or 2,000 of the voters
13registered in the district, order submitted to the voters of
14the district at the next general election the proposition for
15the election of board members by trustee district rather than
16at large, and such proposition shall thereupon be certified by
17the secretary of the board to the proper election authority in
18accordance with the general election law for submission.
19 If the proposition is approved by a majority of those
20voting on the proposition, the State Board of Elections, in
211991, shall reapportion the trustee districts to reflect the
22results of the last decennial census, and shall divide the
23community college district into 7 trustee districts, each of
24which shall be compact, contiguous and substantially equal in
25population to each other district. In 2001, and in the year

HB1940 Engrossed- 32 -LRB100 04620 MLM 14626 b
1following each decennial census thereafter, the board of
2trustees of community college District #522 shall reapportion
3the trustee districts to reflect the results of the census, and
4shall divide the community college district into 7 trustee
5districts, each of which shall be compact, contiguous, and
6substantially equal in population to each other district. The
7division of the community college district into trustee
8districts shall be completed and formally approved by a
9majority of the members of the board of trustees of community
10college District #522 in 2001 and in the year following each
11decennial census. At the same meeting of the board of trustees,
12the board shall, publicly by lot, divide the trustee districts
13as equally as possible into 2 groups. Beginning in 2003 and
14every 10 years thereafter, trustees or their successors from
15one group shall be elected for successive terms of 4 years and
166 years; and members or their successors from the second group
17shall be elected for successive terms of 6 years and 4 years.
18One member shall be elected from each such trustee district.
19Each member elected in 2001 shall be elected at the 2001
20consolidated election from the trustee districts established
21in 1991. The term of each member elected in 2001 shall end on
22the date that the trustees elected in 2003 are officially
23determined by a canvass conducted pursuant to the Election
24Code.
25(Source: P.A. 97-539, eff. 8-23-11.)

HB1940 Engrossed- 33 -LRB100 04620 MLM 14626 b
1 (110 ILCS 805/3-14.2) (from Ch. 122, par. 103-14.2)
2 Sec. 3-14.2. In addition to any other tax levies authorized
3by law, the board of a community college district (1) whose
4boundaries are entirely within a county with a population in
5excess of 2 million persons and (2) which was organized as a
6public junior college prior to October 1, 1973, and (3) whose
7existence was validated by an Act filed with the Secretary of
8State on May 31, 1937, may levy an additional tax upon the
9taxable property of the district in any year in which the State
10Board issues a certificate of eligibility to do so. The
11additional tax may be used to increase the total taxing
12authority of the district to the rate of 23.54 cents per $100
13of equalized assessed value for educational and operations,
14building and maintenance purposes.
15 In order to be eligible to levy the additional tax as
16provided herein, the district shall have been eligible to
17receive equalization grants pursuant to Section 2-16.02 102-16
18for each of the five fiscal years in the period 1984 to 1988.
19 The additional amount certified by the State Board to be
20levied shall not exceed the combined increases in the
21educational and operations, building and maintenance purposes
22funds authorized in Section 3-14. The State Board shall notify
23the board of trustees of the community college district of its
24eligibility to levy additional taxes as authorized in this
25Section and the amount of such levy, by November 1, 1988.
26 A resolution, adopted pursuant to the provisions of the

HB1940 Engrossed- 34 -LRB100 04620 MLM 14626 b
1Open Meetings Act, which expresses the district's intent to
2levy such a tax, or a portion thereof, when accompanied by the
3State Board certificate of eligibility, shall be the authority
4for the county clerk or clerks to extend such a tax. The
5district board shall cause a copy of the resolution to be
6published in one or more newspapers published in the district
7within 10 days after such levy is made. If no newspaper is
8published in the district, the resolution shall be published in
9a newspaper having general circulation within the district. The
10publication of the resolution shall include a notice of (1) the
11specific number of voters required to sign a petition
12requesting that the question of the adoption of the tax levy be
13submitted to the voters of the district; (2) the time within
14which the petition must be filed; and (3) the date of the
15prospective referendum. The district secretary shall provide a
16petition form to any individual requesting one.
17 If within 30 days of the adoption of such additional levy,
18a petition is filed with the secretary of the board of
19trustees, signed by not less than 10% of the voters of the
20district, requesting that the proposition to levy such
21additional taxes as authorized by this Section be submitted to
22the voters of the district, then the district shall not be
23authorized to levy such additional taxes as permitted by this
24Section until the proposition has been submitted to and
25approved by a majority of the voters voting on the proposition
26at a regularly scheduled election in the manner provided in the

HB1940 Engrossed- 35 -LRB100 04620 MLM 14626 b
1general election law. The secretary shall certify the
2proposition to the proper election authority for submission to
3the voters. If no such petition with the requisite number of
4signatures and which is otherwise valid is filed within such 30
5day period, then the district shall thereafter be authorized to
6levy such additional taxes as provided and for the purposes
7expressed in this Section.
8(Source: P.A. 85-1150; 86-1253.)
9 (110 ILCS 805/3-14.3) (from Ch. 122, par. 103-14.3)
10 Sec. 3-14.3. In addition to any other tax levies authorized
11by law, the board of a community college district may levy an
12additional tax upon the taxable property of the district in any
13year in which the State Board issues a certificate of
14eligibility to do so. The additional tax may be used to
15increase the total taxing authority of the district to the most
16recently reported statewide average actual levy rate in cents
17per $100 of equalized assessed value for educational and
18operations and maintenance purposes as certified by the State
19Board.
20 In order to be eligible to levy the additional tax as
21provided herein, the district shall have been eligible to
22receive equalization grants pursuant to Section 2-16 or
232-16.02, as the case may be, in the year of eligibility
24certification or in the previous fiscal year.
25 The additional amount certified by the State Board to be

HB1940 Engrossed- 36 -LRB100 04620 MLM 14626 b
1levied shall not exceed the combined increases in the
2educational and operations and maintenance purposes funds
3authorized in Section 3-14. The State Board shall notify the
4board of trustees of the community college district of its
5eligibility to levy additional taxes as authorized in this
6Section and the amount of such levy, by November 1 of each
7year.
8 A resolution, adopted annually pursuant to the provisions
9of the Open Meetings Act, which expresses the district's intent
10to levy such a tax, or a portion thereof, when accompanied by
11the State Board certificate of eligibility, shall be the
12authority for the county clerk or clerks to extend such a tax.
13Within 10 days after adoption of such resolution, the district
14shall cause to be published the resolution in at least one or
15more newspapers published in the district. The publication of
16the resolution shall include a notice of (1) the specific
17number of voters required to sign a petition requesting that
18the proposition of the adoption of the resolution be submitted
19to the voters of the district; (2) the time in which the
20petition must be filed; and (3) the date of the prospective
21referendum. The secretary shall provide a petition form to any
22individual requesting one.
23 If within 30 days of the annual adoption of such additional
24levy, a petition is filed with the secretary of the board of
25trustees, signed by not less than 10% of the registered voters
26of the district, requesting that the proposition to levy such

HB1940 Engrossed- 37 -LRB100 04620 MLM 14626 b
1additional taxes as authorized by this Section be submitted to
2the voters of the district, then the district shall not be
3authorized to levy such additional taxes as permitted by this
4Section until the proposition has been submitted to and
5approved by a majority of the voters voting on the proposition
6at a regularly scheduled election in the manner provided in the
7general election law. The secretary shall certify the
8proposition to the proper election authority for submission to
9the voters. If no such petition with the requisite number of
10signatures and which is otherwise valid is filed within such 30
11day period, then the district shall be authorized to levy such
12additional taxes as provided for the purposes expressed in this
13Section.
14(Source: P.A. 86-360; 87-1018.)
15 (110 ILCS 805/3-20.1) (from Ch. 122, par. 103-20.1)
16 Sec. 3-20.1. The board of each community college district
17shall within or before the first quarter of each fiscal year,
18adopt an annual budget which it deems necessary to defray all
19necessary expenses and liabilities of the district, and in such
20annual budget shall specify the objects and purposes of each
21item and amount needed for each object or purpose. The board of
22each community college district shall file a written or
23electronic copy of the annual budget with the State Board.
24 The budget shall contain a statement of the cash on hand at
25the beginning of the fiscal year, an estimate of the cash

HB1940 Engrossed- 38 -LRB100 04620 MLM 14626 b
1expected to be received during such fiscal year from all
2sources, an estimate of the expenditures contemplated for such
3fiscal year, and a statement of the estimated cash expected to
4be on hand at the end of such year. The estimate of taxes to be
5received may be based upon the amount of actual cash receipts
6that may reasonably be expected by the district during such
7fiscal year, estimated from the experience of the district in
8prior years and with due regard for other circumstances that
9may substantially affect such receipts. Nothing in this Section
10shall be construed as requiring any district to change or
11preventing any district from changing from a cash basis of
12financing to a surplus or deficit basis of financing; or as
13requiring any district to change or preventing any district
14from changing its system of accounting.
15 The board of each community college district shall fix a
16fiscal year. If the beginning of the fiscal year of a district
17is subsequent to the time that the tax levy for such fiscal
18year shall be made, then such annual budget shall be adopted
19prior to the time such tax levy shall be made.
20 Such budget shall be prepared in tentative form by some
21person or persons designated by the board, and in such
22tentative form shall be made conveniently available to public
23inspection for at least 30 days prior to final action thereon.
24At least one public hearing shall be held as to such budget
25prior to final action thereon. Notice of availability for
26public inspection and of such public hearing shall be given by

HB1940 Engrossed- 39 -LRB100 04620 MLM 14626 b
1publication in a newspaper published in such district, at least
230 days prior to the time of such hearing. If there is no
3newspaper published in such district, notice of such public
4hearing shall be given by publication in a newspaper having
5general circulation within the district posting notices
6thereof in 5 of the most public places in such district. It
7shall be the duty of the secretary of the board to make the
8tentative budget available to public inspection, and to arrange
9for such public hearing. The board may from time to time make
10transfers between the various items in any fund not exceeding
11in the aggregate 10% of the total of such fund as set forth in
12the budget. The board may amend the annual budget from time to
13time at a regular meeting of the board if public notice of any
14amendment is provided pursuant to the Open Meetings Act. The
15board may from time to time amend such budget by the same
16procedure as is herein provided for its original adoption.
17(Source: P.A. 78-669.)
18 (110 ILCS 805/3-22.1) (from Ch. 122, par. 103-22.1)
19 Sec. 3-22.1. To cause an audit to be made as of the end of
20each fiscal year by an accountant licensed to practice public
21accounting in Illinois and appointed by the board. The auditor
22shall perform his or her examination in accordance with
23generally accepted auditing standards and regulations
24prescribed by the State Board, and submit his or her report
25thereon in accordance with generally accepted accounting

HB1940 Engrossed- 40 -LRB100 04620 MLM 14626 b
1principles. The examination and report shall include a
2verification of student enrollments and any other bases upon
3which claims are filed with the State Board. The audit report
4shall include a statement of the scope and findings of the
5audit and a professional opinion signed by the auditor. If a
6professional opinion is denied by the auditor he or she shall
7set forth the reasons for that denial. The board shall not
8limit the scope of the examination to the extent that the
9effect of such limitation will result in the qualification of
10the auditor's professional opinion. The procedures for payment
11for the expenses of the audit shall be in accordance with
12Section 9 of the Governmental Account Audit Act. Copies of the
13audit report shall be filed with the State Board in accordance
14with regulations prescribed by the State Board. The State Board
15shall file one copy of the audit report with the Auditor
16General.
17(Source: P.A. 99-655, eff. 7-28-16.)
18 (110 ILCS 805/3-25.1) (from Ch. 122, par. 103-25.1)
19 Sec. 3-25.1. To authorize application to the State Illinois
20Community College Board for the approval of new units of
21instruction, research or public service as defined in this
22Section and to establish such new units following approval in
23accordance with the provisions of this Act and the Board of
24Higher Education Act.
25 The term "new unit of instruction, research or public

HB1940 Engrossed- 41 -LRB100 04620 MLM 14626 b
1service" includes the establishment of a college, school,
2division, institute, department or other unit including majors
3and curricula in any field of instruction, research, or public
4service not theretofore included in the program of the
5community college, and includes the establishment of any new
6branch or campus of the institution. The term shall not include
7reasonable and moderate extensions of existing curricula,
8research, or public service programs which have a direct
9relationship to existing programs; and the State Board may,
10under its rule making power define the character of reasonable
11and moderate extensions.
12(Source: P.A. 88-322.)
13 (110 ILCS 805/3-26.1) (from Ch. 122, par. 103-26.1)
14 Sec. 3-26.1. Any employee of a community college board who
15is a member of any reserve component of the United States Armed
16Services, including the Illinois National Guard, and who is
17mobilized to active military duty on or after August 1, 1990 as
18a result of an order of the President of the United States,
19shall for each pay period beginning on or after August 1, 1990
20continue to receive the same regular compensation that he
21receives or was receiving as an employee of the community
22college board at the time he is or was so mobilized to active
23military duty, plus any health insurance and other benefits he
24is or was receiving or accruing at that time, minus the amount
25of his base pay for military service, for the duration of his

HB1940 Engrossed- 42 -LRB100 04620 MLM 14626 b
1active military service. If the employee's active military duty
2commences on or after the effective date of this amendatory Act
3of the 100th General Assembly, the military duty shall not
4result in the loss or diminishment of any employment benefit,
5service credit, or status accrued at the time the duty
6commenced.
7 In the event any provision of a collective bargaining
8agreement or any community college board or district policy
9covering any employee so ordered to active duty is more
10generous than the provisions contained in this Section the
11collective bargaining agreement or community college board or
12district policy shall be controlling.
13(Source: P.A. 87-631.)
14 (110 ILCS 805/3-29) (from Ch. 122, par. 103-29)
15 Sec. 3-29. To indemnify and protect board members and ,
16employees, and student teachers of boards against civil rights
17damage claims and suits, constitutional rights damage claims
18and suits, death, bodily injury and property damage claims and
19suits, including defense thereof, when damages are sought for
20alleged negligent or wrongful acts while such board member or ,
21employee or student teacher is engaged in the exercise or
22performance of any powers or duties of the board, or is acting
23within the scope of employment or under the direction of the
24community college board.
25 To insure against any loss or liability of the district or

HB1940 Engrossed- 43 -LRB100 04620 MLM 14626 b
1board members and , employees, and student teachers of boards
2against civil rights damage claims and suits, constitutional
3rights damage claims and suits and death, bodily injury and
4property damage claims and suits, including defense thereof,
5when damages are sought for alleged negligent or wrongful acts
6while such board member or , employee, or student teacher is
7engaged in the exercise or performance of any powers or duties
8of the board, or is acting within the scope of employment or
9under the direction of the board. Such insurance shall be
10carried in a company licensed to write such coverage in this
11State.
12(Source: P.A. 83-1391.)
13 (110 ILCS 805/3-40) (from Ch. 122, par. 103-40)
14 Sec. 3-40. To enter into contracts or agreements with any
15person, organization, association, educational institution, or
16governmental agency for providing or securing educational
17services for academic credit. The authority of any community
18college district to exercise the powers granted under this
19Section is subject to the prior review and approval of the
20State Board under subsection (i) of Section 212 of this Act.
21Any initial contract with a public university or a private
22degree-granting college or university entered into on or after
23July 1, 1985 but before July 1, 2016 shall have prior approval
24of the State Board and the Illinois Board of Higher Education.
25Any initial contract with a public university or a private

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

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

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

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

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

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

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

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

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

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

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

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

HB1940 Engrossed- 56 -LRB100 04620 MLM 14626 b
1 (110 ILCS 805/5-7) (from Ch. 122, par. 105-7)
2 Sec. 5-7. Transfer of funds or designation of real
3property. As part of Prior to entering into an agreement with
4the Capital Development Board, the community college board
5shall transfer to the Capital Development Board funds or
6designate for building purposes any real property it may own,
7either improved or unimproved, situated within the
8geographical boundaries of such community college district, or
9both, in an amount equal to at least 25% of the total amount
10necessary to finance the project, except that no real property
11may be so designated, unless prior to its acquisition by the
12community college district after December 18, 1975 the Capital
13Development Board has had an opportunity to evaluate the land
14and issue a report concerning its suitability for construction
15purposes. Of the total funds transferred from the community
16college board to the Capital Development Board, an amount equal
17to 40% of each of the fees under an architect or engineer
18contract, including any reimbursable items under the contract
19to cover contractual obligations through the design
20development phase of the project, shall be transferred prior to
21the signing of the contract. Prior to approval to proceed
22beyond the design development stage or to advertising the first
23bid package of a phased-bid project, whichever comes first, the
24community college board shall transfer funds to the Capital
25Development Board in an amount equal to the balance of the

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

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

HB1940 Engrossed- 59 -LRB100 04620 MLM 14626 b
1 proposals.
2 (6) Any other stipulations and clarifications the
3 community college district may require.
4(Source: P.A. 94-1062, eff. 7-31-06.)
5 (110 ILCS 805/5A-35)
6 Sec. 5A-35. Award of guaranteed energy savings contract.
7Sealed proposals must be opened by a member or employee of the
8community college board at a public opening at which the
9contents of the proposals must be announced. Each person or
10entity submitting a sealed proposal must receive at least 10
11days notice of the time and place of the opening. The community
12college district shall select the qualified provider that best
13meets the needs of the district. The community college district
14shall provide public notice of the meeting at which it proposes
15to award a guaranteed energy savings contract of the names of
16the parties to the proposed contract and of the purpose of the
17contract. The public notice shall be made at least 10 days
18prior to the meeting. After evaluating the proposals under
19Section 5A-30, a community college district may enter into a
20guaranteed energy savings contract with a qualified provider if
21it finds that the amount it would spend on the energy
22conservation measures recommended in the proposal would not
23exceed the amount to be saved in either energy or operational
24costs, or both, within a 20-year period from the date of
25installation, if the recommendations in the proposal are

HB1940 Engrossed- 60 -LRB100 04620 MLM 14626 b
1followed. Contracts let or awarded shall be submitted to the
2administrators of the Capital Development Board Procurement
3Bulletin for publication published in the next available
4subsequent Illinois Procurement Bulletin.
5(Source: P.A. 94-1062, eff. 7-31-06.)
6 (110 ILCS 805/5A-45)
7 Sec. 5A-45. Installment payment contract; lease purchase
8agreement. A community college district or 2 or more such
9districts in combination may enter into an installment payment
10contract or lease purchase agreement with a qualified provider
11or with a third-party lender, as authorized by law, for the the
12funding or financing of the purchase and installation of energy
13conservation measures by a qualified provider. Every community
14college district may issue certificates evidencing the
15indebtedness incurred pursuant to the contracts or agreements.
16Any such contract or agreement shall be valid whether or not an
17appropriation with respect thereto is first included in any
18annual or additional or supplemental budget adopted by the
19community college district. Each contract or agreement entered
20into by a community college district pursuant to this Section
21shall be authorized by official action resolution of the
22community college board. The authority granted under this
23Section is in addition to any other authority granted by law.
24(Source: P.A. 95-612, eff. 9-11-07.)

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1 (110 ILCS 805/6-2) (from Ch. 122, par. 106-2)
2 Sec. 6-2. Any graduate of a recognized high school or
3student otherwise qualified to attend a public community
4college and residing outside a community college district but
5within this State who notifies the board of education of his
6district may, subject to Section 3-17, attend any recognized
7public community college in the State at the tuition rate of a
8student residing in the district. Subject to appropriation,
9which he chooses, and the State Board board of education of
10that district shall pay the difference between the in-district
11and out-of-district tuition amounts to the community college
12district his tuition, as defined herein, for any semester,
13quarter or term of that academic year and the following summer
14term from the educational fund or the proceeds of a levy made
15under Section 6-1. In addition, any graduate of a recognized
16high school or student otherwise qualified to attend a public
17community college and residing in a new community college
18district formed pursuant to Section 6-6.1 who notifies the
19board of education of his district may, subject to the
20provisions of Section 3-17, attend any recognized public
21community college in the State, and the board of education of
22that district shall pay his tuition until January 1, 1991. If a
23resident is not eligible for tuition for a summer term because
24he did not notify his board of education by the previous
25September 15, he may become eligible for that tuition for a
26summer term by giving notice to the board of education by May

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115 preceding his enrollment for the summer term. Such tuition
2may not exceed the per capita cost of the community college
3attended for the previous year, or in the case of the first
4year of operation the estimated per capita cost, less certain
5deductions to be computed in the manner set forth below. The
6community college per capita cost shall be computed, in a
7manner consistent with any accounting system prescribed by the
8State Board, by adding all of the non-capital expenditures,
9including interest, to the depreciation on capital outlay
10expenditures paid from sources other than State and Federal
11funds and then dividing by the number of full-time equivalent
12students for the fiscal year as defined in this Section. The
13community college tuition to be charged to the district of the
14student's residence shall be computed, in a manner consistent
15with any accounting system prescribed by the State Board, by
16adding all of the non-capital expenditures for the previous
17year, including interest, to the depreciation on capital outlay
18expenditures paid from sources other than State and Federal
19funds less any payments toward non-capital expenditures
20received from State and Federal sources for the previous year
21except grants through the State Board, as authorized in Section
222-16 or 2-16.02, as the case may be, and then dividing by the
23number of full-time equivalent students for that fiscal year as
24defined in this Section; this average per student computation
25shall be converted to a semester hour or quarter hour base and
26further reduced by the combined rate of State grants other than

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

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

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1district of attendance immediately upon receipt, by the
2district liable for the payment, of a statement from that
3community college district of the amount due it. Before sending
4such a statement requesting payment, however, the community
5college district of attendance shall make all calculations and
6deductions required under this Section so that the amount
7requested for payment is the exact amount required under this
8Section to be paid by the district liable for payment.
9 If the moneys in the educational fund or the proceeds from
10a levy made under Section 6-1 of a district liable for payments
11under this Section are insufficient to meet such payments, the
12district liable for such payments may issue tax anticipation
13warrants as provided in Section 3-20.10.
14 A full-time equivalent student for a semester, quarter or
15term is defined as a student doing 15 semester hours of work
16per semester or 15 quarter hours of work per quarter or the
17equivalent thereof, and the number of full-time equivalent
18students enrolled per term shall be determined by dividing by
1915 the total number of semester hours or quarter hours of work
20for which State Board grants are received, or the equivalent
21thereof, carried by all students of the college through the
22mid-term of each semester, quarter or term. The number of
23full-time equivalent students for a fiscal year shall be
24computed by adding the total number of semester hours or
25quarter hours of work or the equivalent thereof carried by all
26students of the college through the mid-term of each semester,

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1quarter or term during that fiscal year and dividing that sum
2by 30 semester hours or 45 quarter hours or the equivalent
3thereof depending upon the credit hour system utilized by the
4college. Tuition of students carrying more or less than 15
5semester hours of work per semester or 15 quarter hours of work
6per quarter or the equivalent thereof shall be computed in the
7proportion which the number of hours so carried bears to 15
8semester hours or 15 quarter hours or the equivalent thereof.
9 If the United States Government, the State of Illinois, or
10any agency pays tuition for any community college student,
11neither the district of residence of the student nor the
12student may be required to pay that tuition or such part
13thereof as is otherwise paid. No part of the State's financial
14responsibility provided for in Section 2-16 may be transferred
15to a student's district of residence under this Section.
16(Source: P.A. 86-469; 86-1246; 87-1018.)
17 (110 ILCS 805/6-4.1) (from Ch. 122, par. 106-4.1)
18 Sec. 6-4.1. If a resident of Illinois qualifies for
19admission to a public community college under Section 3-17 but
20does not qualify for financial support under Section 6-2, he
21may be enrolled in the college upon payment of the difference
22between the per capita cost as defined in Section 6-2 less any
23payments toward noncapital expenditures received from State
24and federal sources for the previous year except grants through
25the State Board as authorized in Section 2-16 or 2-16.02, as

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1the case may be, converted to a semester hour or quarter hour
2base, and the combined rate of State grants other than
3equalization grants for the current year as authorized in
4Section 2-16.02, notwithstanding tuition limits of Section
56-4. Subject to Section 3-17, a public community college may
6accept out-of-state students upon payment of the per capita
7cost as defined in Section 6-2. Notwithstanding the provisions
8of this Section, the out-of-district or out-of-state tuition,
9whichever is applicable, may be waived for a student who is
10employed for at least 35 hours per week by an entity located in
11the district or is enrolled in a course that is being provided
12under terms of a contract for services between the employing
13entity and the college.
14(Source: P.A. 86-1246; 87-741; 87-1018.)
15 (110 ILCS 805/6-4.2 new)
16 Sec. 6-4.2. In-district tuition charge. Notwithstanding
17any other provision of law or administrative rule to the
18contrary, for tuition purposes, a student shall be classified
19as a resident of a community college district after
20establishing the 30-day residency requirement of the district.
21 (110 ILCS 805/7-5) (from Ch. 122, par. 107-5)
22 Sec. 7-5. The Until January 1, 1972, the fiscal year of the
23Board is the calendar year, and thereafter the fiscal year
24shall commence on the first day of July and end on the last day

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

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

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

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

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

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

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

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

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

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

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

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

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1 (110 ILCS 805/3-20.7 rep.)
2 (110 ILCS 805/3-22.3 rep.)
3 (110 ILCS 805/3-31.2 rep.)
4 (110 ILCS 805/3-40.2 rep.)
5 (110 ILCS 805/3-46.1 rep.)
6 (110 ILCS 805/5-8 rep.)
7 (110 ILCS 805/6-1 rep.)
8 (110 ILCS 805/6-6.1 rep.)
9 Section 15. The Public Community College Act is amended by
10repealing Sections 2-6.1, 2-11.1, 2-16.03, 2-20, 2-25, 3-7b,
113-12, 3-12.1, 3-12.2, 3-20.7, 3-22.3, 3-31.2, 3-40.2, 3-46.1,
125-8, 6-1, and 6-6.1.
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