Full Text of HB0194 98th General Assembly
HB0194eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Lincoln Promise Zone Act. | 6 | | Section 5. Definitions. | 7 | | "Authority" means a Lincoln Promise Zone Authority created | 8 | | under this Act. | 9 | | "Board" means the Board of an Authority. | 10 | | "Eligible entity" means the City of Rockford, the City of | 11 | | Aurora, or the City of East St. Louis. | 12 | | "Governing body" means the city council of the applicable | 13 | | eligible entity. | 14 | | "Promise of financial assistance" means a commitment by an | 15 | | eligible entity to provide financial resources for a community | 16 | | college education for the 2015-2016 and 2016-2017 academic | 17 | | years to eligible students living in a promise zone who have | 18 | | graduated from a public high school located within that promise | 19 | | zone. | 20 | | "Promise zone" means an area designated as a promise zone | 21 | | by a governing body. | 22 | | Section 10. Designation of a promise zone. |
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| 1 | | (a) If a governing body determines that it is necessary for | 2 | | the best interests of the public to promote access to a | 3 | | community college education, the governing body may, by | 4 | | ordinance or resolution, declare its intention to establish a | 5 | | promise zone. | 6 | | (b) The governing body shall set a date for a public | 7 | | hearing on the adoption of a proposed resolution establishing | 8 | | the promise zone. Notice of the public hearing shall be | 9 | | published twice in a newspaper of general circulation in the | 10 | | eligible entity, not less than 20 or more than 40 days before | 11 | | the date of the hearing. Notice of the hearing shall be posted | 12 | | in at least 20 conspicuous and public places in the eligible | 13 | | entity not less than 20 days before the hearing. The notice | 14 | | shall state the date, time, and place of the hearing and shall | 15 | | describe the proposed promise zone, the details of the promise | 16 | | of financial assistance, and the criteria for eligibility to | 17 | | receive that financial assistance. | 18 | | (c) If the governing body of the eligible entity intends to | 19 | | proceed with the establishment of the promise zone, the | 20 | | governing body shall, by ordinance or resolution, establish a | 21 | | promise zone. | 22 | | Section 15. Promise Zone Authority; creation. | 23 | | (a) If the governing body, by ordinance or resolution, | 24 | | establishes the promise zone, the governing body shall, by | 25 | | ordinance or resolution, create a Lincoln Promise Zone |
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| 1 | | Authority. | 2 | | (b) For the City of Rockford and the City of Aurora, an | 3 | | Authority shall be under the supervision and control of a Board | 4 | | consisting of the mayor and 6 members appointed by the mayor, | 5 | | with the advice and consent of the governing body, with 2 of | 6 | | the 6 members being educators and 2 of the 6 members being | 7 | | community business leaders. With respect to the City of East | 8 | | St. Louis, an Authority shall be under the supervision and | 9 | | control of a Board consisting of the mayor and (i) 2 members | 10 | | who are educators appointed by the State Senator from the 57th | 11 | | Legislative District, with the advice and consent of the | 12 | | governing body; (ii) 2 members who are community business | 13 | | leaders appointed by the State Senator from the 57th | 14 | | Legislative District, with the advice and consent of the | 15 | | governing body; and (iii) 2 members appointed by the mayor, | 16 | | with the advice and consent of the governing body. Each member | 17 | | of an Authority shall serve until the Authority is abolished | 18 | | under Section 90 of this Act. An appointment to fill a vacancy | 19 | | shall be made by the person who made the original appointment, | 20 | | with the advice and consent of the governing body. Members of | 21 | | the Board shall serve without compensation, but may be | 22 | | reimbursed for actual and necessary expenses from funds the | 23 | | Authority receives. The Chairperson of the Board shall be | 24 | | elected by the Board. | 25 | | Section 20. Powers of the Authority. |
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| 1 | | (a) An Authority is a public body corporate that may sue | 2 | | and be sued in any court of this State. An Authority possesses | 3 | | all of the powers necessary to carry out its purpose. The | 4 | | enumeration of a power in this Act shall not be construed as a | 5 | | limitation upon the general powers of the Authority. | 6 | | (b) The Board may employ and fix the compensation of a | 7 | | Director. The Director shall serve at the pleasure of the | 8 | | Board. A member of the Board is not eligible to hold the | 9 | | position of Director. Before beginning his or her duties, the | 10 | | Director shall furnish bond by posting a bond in the sum | 11 | | determined in the ordinance or resolution establishing the | 12 | | Authority payable to the Authority for use and benefit of the | 13 | | Authority, approved by the Board, and filed with the clerk of | 14 | | the eligible entity. The premium on the bond shall be | 15 | | considered an operating expense of the Authority, payable from | 16 | | funds available to the Authority for expenses of operation. The | 17 | | Director shall be the chief executive officer of the Authority. | 18 | | (c) Subject to the approval of the Board, the Director | 19 | | shall supervise and be responsible for implementing the promise | 20 | | zone development plan established under Section 25 of this Act | 21 | | and the performance of the functions of the Authority in the | 22 | | manner authorized by this Act. The Director shall attend the | 23 | | meetings of the Board and shall provide to the Board, the | 24 | | governing body, and the chief executive officer of the eligible | 25 | | entity a regular report covering the activities and financial | 26 | | condition of the Authority. If the Director is absent or |
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| 1 | | disabled, the Board may designate a qualified person as Acting | 2 | | Director to perform the duties of the office. | 3 | | (d) The Board may employ and fix the compensation of a | 4 | | Treasurer, who shall keep the financial records of the | 5 | | Authority and who, together with the Director, shall approve | 6 | | all vouchers for the expenditure of funds of the Authority. The | 7 | | Treasurer shall perform all duties delegated to him or her by | 8 | | the Board and shall furnish a bond in an amount prescribed by | 9 | | the Board. | 10 | | (e) The Board may employ and fix the compensation of a | 11 | | Secretary, who shall maintain custody of the official seal and | 12 | | of records, books, documents, or other papers not required to | 13 | | be maintained by the Treasurer. The Secretary shall attend | 14 | | meetings of the Board and keep a record of its proceedings and | 15 | | shall perform other duties delegated by the Board. | 16 | | (f) The Board may retain legal counsel to advise the Board | 17 | | in the proper performance of its duties. | 18 | | (g) The Board may employ other personnel considered | 19 | | necessary by the Board. | 20 | | (h) The Board may do any of the following: | 21 | | (1) prepare an analysis of the community college | 22 | | educational opportunities for the residents of the promise | 23 | | zone; | 24 | | (2) study and analyze the need for financial resources | 25 | | to provide community college educational opportunities for | 26 | | residents of the promise zone; |
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| 1 | | (3) acquire, by purchase or otherwise, on terms and | 2 | | conditions and in a manner the Authority considers proper, | 3 | | own, convey, or otherwise dispose of, or lease as lessor or | 4 | | lessee land and other property, real or personal, or rights | 5 | | or interests in the property that the Authority determines | 6 | | is reasonably necessary to achieve the purposes of this Act | 7 | | and grant or acquire licenses, easements, and options; | 8 | | (4) fix, charge, and collect fees, rents, and charges | 9 | | for the use of any facility, building, or property under | 10 | | its control or any part of the facility, building, or | 11 | | property; | 12 | | (5) lease, in whole or in part, any facility, building, | 13 | | or property under its control; or | 14 | | (6) solicit and accept grants and donations of money, | 15 | | property, labor, or other things of value from a private | 16 | | source, except as otherwise prohibited by law. | 17 | | Section 25. Promise zone development plan. A Lincoln | 18 | | Promise Zone Authority created under Section 15 of this Act | 19 | | shall prepare and adopt a promise zone development plan, which | 20 | | shall include all of the following: | 21 | | (1) A complete description of the proposed promise of | 22 | | financial assistance. The proposed promise of financial | 23 | | assistance shall include, without limitation, a promise of | 24 | | financial assistance for the 2015-2016 and 2016-2017 | 25 | | academic years to all students residing within the promise |
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| 1 | | zone who graduate from a public high school located within | 2 | | that promise zone to attend community college in the public | 3 | | community college district where the eligible entity is | 4 | | located. The proposed promise of financial assistance | 5 | | shall, at a minimum, provide funding sufficient to provide | 6 | | an eligible student the tuition necessary to obtain an | 7 | | associate degree or its equivalent at the local community | 8 | | college during the 2015-2016 and 2016-2017 academic years, | 9 | | subject to any limitations authorized under this Section. | 10 | | The proposed promise of financial assistance may also | 11 | | authorize the expenditure of funds for educational | 12 | | improvement activities designed to increase readiness for | 13 | | postsecondary education at public schools located in the | 14 | | promise zone. | 15 | | (2) A complete description of any limitation on the | 16 | | promise of financial assistance, including, but not | 17 | | limited to, the following: | 18 | | (A) whether the promise of financial assistance | 19 | | will be prorated based on the number of years the | 20 | | student has resided within the promise zone; | 21 | | (B) whether the promise of financial assistance | 22 | | will be restricted to students who have resided within | 23 | | or attended a public high school within the promise | 24 | | zone for a minimum number of years; | 25 | | (C) whether the promise of financial assistance is | 26 | | predicated on the student maintaining a minimum |
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| 1 | | college grade point average and carrying a minimum | 2 | | college credit hour classload. | 3 | | (3) A requirement that graduates of a public high | 4 | | school exhaust all other known and available grants for | 5 | | tuition and fees for postsecondary education provided by a | 6 | | federal, State, or local governmental entity, as | 7 | | determined by the Board. | 8 | | (4) A description of how the funds necessary to | 9 | | accomplish the promise of financial assistance will be | 10 | | raised. The promise zone development plan shall be financed | 11 | | from one or more of the following sources: | 12 | | (A) private donations; | 13 | | (B) money obtained from other private sources | 14 | | approved by the governing body or otherwise authorized | 15 | | by law; or | 16 | | (C) interest or other investment income, earnings, | 17 | | or proceeds from item (A) or (B) of this subdivision | 18 | | (4). | 19 | | (5) An actuarial model of how much the proposed plan is | 20 | | estimated to cost. | 21 | | The Board shall submit the promise zone development plan to | 22 | | the review committee established under Section 35 of this Act | 23 | | promptly after the plan's adoption. The promise zone | 24 | | development plan shall be published on the Internet website of | 25 | | the eligible entity that established the promise zone. |
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| 1 | | Section 30. Deposit and expenditure of moneys received by | 2 | | the Authority. Moneys received by the Authority shall | 3 | | immediately be deposited to the credit of the Authority, | 4 | | subject to disbursement under this Act. The Authority shall not | 5 | | expend more than 15% of its proposed annual budget for | 6 | | administrative costs. | 7 | | Section 35. Review committee. | 8 | | (a) There is created a review committee consisting of the | 9 | | following members: | 10 | | (1) The Chairperson of the Senate's Higher Education | 11 | | Committee. | 12 | | (2) The Minority Spokesperson of the Senate's Higher | 13 | | Education Committee. | 14 | | (3) The Chairperson of the Senate's Education | 15 | | Committee. | 16 | | (4) The Chairperson of the House of Representative's | 17 | | Higher Education Committee. | 18 | | (5) The Minority Spokesperson of the House of | 19 | | Representative's Higher Education Committee. | 20 | | (6) The Chairperson of the House of Representative's | 21 | | Elementary & Secondary Education Committee. | 22 | | (7) One representative of the Illinois Student | 23 | | Assistance Commission, appointed by the Chairman of the | 24 | | Illinois Student Assistance Commission. | 25 | | (8) One representative of the Board of Higher |
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| 1 | | Education, appointed by the Chairman of the Board of Higher | 2 | | Education.
| 3 | | (9) One representative of the Illinois Community | 4 | | College Board, appointed by the Chairman of the Illinois | 5 | | Community College Board. | 6 | | (b) The review committee shall review each promise zone | 7 | | development plan submitted under Section 25 of this Act, as | 8 | | well as the plan's implementation. An Authority must submit | 9 | | such information as the review committee may request from time | 10 | | to time. | 11 | | (c) The review committee shall report to the General | 12 | | Assembly on all aspects of this Act's implementation on or | 13 | | before December 31, 2017. | 14 | | Section 90. Abolishment of Authority; expiration of Act. | 15 | | (a) An Authority created under this Act is abolished on | 16 | | January 31, 2018. | 17 | | (b) This Act is repealed on January 31, 2018.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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