96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2124


 
Introduced 2/20/2009, by Sen. Susan Garrett
 
SYNOPSIS AS INTRODUCED:
 		













110 ILCS 805/3-42.4 new










    Amends the Public Community College Act.  Allows a board of trustees of a community college district to enter into an agreement with an employer concerning an arrangement to provide new jobs training program services, including (1) new jobs training; (2) adult basic education and job-related instruction; (3) vocational and skill-assessment services and testing; (4) training facilities, equipment, materials, and supplies; and (5) on-the-job training.  Requires the agreement to provide for program costs that may be paid from property taxes, tuition, student fees, or special charges.  Allows the board to borrow money and issue and sell certificates payable from a sufficient portion of the future receipts of payments authorized by the agreement to provide funds for the present payment of the costs of a new jobs training program. Provides that the board shall, by resolution, provide for the assessment of an annual levy of a standby tax upon all taxable property within the community college district to further secure the payment of the certificates.
















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FISCAL NOTE ACT MAY APPLY


HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2124

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    AN ACT concerning education.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Public Community College Act is amended  by 
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adding Section 3-42.4 as follows:
 
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    (110 ILCS 805/3-42.4 new)

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    Sec. 3-42.4. New jobs training.
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    (a)  In this Section:
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    "Agreement" means the agreement between an employer and a

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board concerning a project.
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    "Certificate" means new jobs training
program certificates 
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issued pursuant to this Section.
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    "Date of commencement of the project" means the date of
the 
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agreement.
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    "Employee" means the person employed in a new job.
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    "Employer" means the person providing new jobs within the 
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boundaries of the community college district and entering into 
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an
agreement.
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    "Industry" means a business engaged in interstate or

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intrastate commerce for the purpose of manufacturing, 
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processing, or
assembling products, conducting research and 
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development, or
providing services in interstate commerce, but 
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excludes retail,
health, or professional services.  "Industry" 
 


 






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does not include a
business that closes or substantially 
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reduces its operation in one
area of this State and relocates 
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substantially the same
operation in another area of this State.  
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This definition does
not prohibit a business from expanding its 
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operations in another area
of this State, provided that 
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existing operations of a similar nature
are not closed or 
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substantially reduced.
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    "New job" means a job in a new or expanding industry, but

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does not include jobs of recalled workers or replacement jobs 
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or
other jobs that formerly existed in the industry in this 
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State.
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    "New jobs training program" or "program" means the
project 
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or projects established by a community college district for the

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creation of jobs by providing education and training of workers 
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for
new jobs for new or expanding industry within the 
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boundaries of the community college district.
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    "Program costs" means all necessary and incidental costs
of 
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providing program services.
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    "Program services" includes without limitation the

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following:
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        (1)  New jobs training.
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        (2)  Adult basic education and job-related instruction.
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        (3)  Vocational and skill-assessment services and 
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    testing.
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        (4)  Training facilities, equipment, materials, and 
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    supplies.
 


 






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        (5)  On-the-job training.
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        (6)  Administrative expenses for the new jobs training 
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    program.
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        (7)  Subcontracted services with public or private 
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    colleges or universities or other federal, State, or local 
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    agencies.
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        (8)  Contracted or professional services.
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        (9)  The issuance of certificates.
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    "Project" means a training arrangement that is the
subject 
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of an agreement entered into between the board and an employer 
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to provide program services.
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    (b)  A board may enter into an agreement to establish a 
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project.  If an agreement is entered into, the board and
the 
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employer shall notify the State Board as soon as
possible.  An 
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agreement shall provide for program costs, including
deferred 
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costs, that may be paid from one or a combination of the

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following sources:
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        (1)  Property taxes to be received or derived from
an 
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    employer's business property where new jobs are created as 
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    a
result of the project.
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        (2)  Tuition, student fees, or special charges fixed by 
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    the
board to defray program costs in whole or in part.
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        (3)  Guarantee of payments to be received under item (1) 
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    or (2) of this subsection (b).
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    (c)  Payment of program costs must not be deferred for a 
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period
longer than 10 years from the date of commencement of 
 


 






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the project.
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    (d)  Costs of on-the-job training for employees must not 
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exceed
50% of the annual gross payroll costs for up to one year 
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of
the new jobs.  For purposes of this subsection (d), "gross 
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payroll"
means the gross wages, salaries, and benefits for the 
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jobs-in-training in the project.
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    (e)  An agreement shall include a provision that fixes the 
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minimum amount of property taxes or tuition and fee payments 
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that shall be paid for program costs.
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    (f)  To provide funds for the present payment of the costs 
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of a new jobs training program, the board may borrow money and 
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issue and sell certificates payable from a sufficient portion 
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of the future
receipts of payments authorized by the agreement.  
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The receipts shall
be pledged to the payment of principal of 
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and interest on the
certificates.
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    (g)  Certificates may be sold at public sale or at private 
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sale at
par, premium, or discount at the discretion of the 
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board.
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    (h)  Certificates may be issued with respect to a single 
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project or
multiple projects and may contain terms or 
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conditions as the board may provide by resolution authorizing 
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the issuance of the
certificates.
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    (i)  Certificates issued to refund other certificates may be 
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sold
at public sale or at private sale as provided in this 
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Section, with
the proceeds from the sale to be used for the 
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payment of the
certificates being refunded.  The refunding 
 


 






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certificates may be
exchanged in payment and discharge of the 
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certificates being
refunded, in installments at different 
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times or an entire issue or
series at one time.  Refunding 
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certificates may be sold or exchanged
at any time on, before, 
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or after the maturity of the outstanding
certificates to be 
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refunded, may be issued for the purpose of
refunding a like, 
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greater, or lesser principal amount of certificates,
and may 
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bear a higher, lower, or equivalent rate of interest than the

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certificates being renewed or refunded.
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    (j)  To further secure the payment of the certificates, the 
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board shall, by resolution, provide for the assessment of an

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annual levy of a standby tax upon all taxable property within 
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the
community college district.  A copy of the resolution shall 
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be sent to the county clerk of each county in which the 
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community college district is located.  The revenues from the 
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standby tax shall be deposited into a special fund and shall be 
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expended only for the payment of principal of and interest on 
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the certificates issued as provided in this Section, when
the 
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receipt of payment for program costs as provided in the 
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agreement
is insufficient.  If payments are necessary and made 
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from the special
fund, the amount of the payments shall be 
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promptly repaid into the
special fund from the first available 
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payments received for program
costs as provided in the 
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agreement that are not required for the
payment of principal of 
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or interest on certificates due.  No reserves
may be built up in 
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this fund in anticipation of a projected default.
The board 
 


 






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shall adjust the annual standby tax levy for
each year to 
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reflect the amount of revenues in the special fund and
the 
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amount of principal and interest that is due in that year.
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    (k)  Before certificates are issued, the board shall
publish 
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once a notice of its intention to issue the certificates,

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stating the amount, the purpose, and the project or projects 
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for
which the certificates are to be issued.  A person may, 
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within
15 days after the publication of the notice, by action 
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in the
circuit court of the county in the area within which the 
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community
college district is located, appeal the decision of 
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the board in
proposing to issue the certificates.  The action of 
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the board in determining to issue the certificates is final and

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conclusive unless the circuit court finds that the board has 
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exceeded its legal authority.  An action shall not be
brought 
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that questions the legality of the certificates, the power
of 
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the board to issue the certificates, the
effectiveness of any 
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proceedings relating to the authorization of the
project, or 
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the authorization and issuance of the certificates from
and 
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after 15 days from the publication of the notice of
intention 
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to issue.
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    (l)  The board shall determine if revenues are
 sufficient to 
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secure the faithful performance of obligations in the
 
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agreement.