Full Text of SB2305 98th General Assembly
SB2305sam001 98TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/10/2013
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| 1 | | AMENDMENT TO SENATE BILL 2305
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2305 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Community College Act is amended by | 5 | | adding Section 3-42.4 as follows: | 6 | | (110 ILCS 805/3-42.4 new)
| 7 | | Sec. 3-42.4. New jobs training. | 8 | | (a) In this Section: | 9 | | "Agreement" means the agreement between an employer and a
| 10 | | board concerning a project. | 11 | | "Bonds" means bonds that are payable from a sufficient | 12 | | portion of the future receipts of payments authorized by an | 13 | | agreement, which receipts must be pledged to the payment of | 14 | | principal of and interest on the bonds. | 15 | | "Certificate" means debt certificates that are payable | 16 | | from a sufficient portion of the future receipts of payments |
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| 1 | | authorized by an agreement, which receipts must be pledged to | 2 | | the payment of principal of and interest on the debt | 3 | | certificates. | 4 | | "Date of commencement of the project" means the date of
the | 5 | | agreement. | 6 | | "Employee" means the person employed in a new job. | 7 | | "Employer" means the person providing new jobs within the | 8 | | boundaries of the community college district and entering into | 9 | | an
agreement. | 10 | | "Industry" means a business engaged in interstate or
| 11 | | intrastate commerce for the purpose of manufacturing, | 12 | | processing, or
assembling products, conducting research and | 13 | | development, or
providing services in interstate commerce, but | 14 | | excludes retail,
health, or professional services. "Industry" | 15 | | does not include a
business that closes or substantially | 16 | | reduces its operation in one
area of this State and relocates | 17 | | substantially the same
operation in another area of this State. | 18 | | This definition does
not prohibit a business from expanding its | 19 | | operations in another area
of this State, provided that | 20 | | existing operations of a similar nature
are not closed or | 21 | | substantially reduced. | 22 | | "New job" means a job in a new or expanding industry, but
| 23 | | does not include jobs of recalled workers or replacement jobs | 24 | | or
other jobs that formerly existed in the industry in this | 25 | | State. | 26 | | "New jobs training program" or "program" means the
project |
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| 1 | | or projects established by a community college district for the
| 2 | | creation of jobs by providing education and training of workers | 3 | | for
new jobs for new or expanding industry within the | 4 | | boundaries of the community college district. | 5 | | "Program costs" means all necessary and incidental costs
of | 6 | | providing program services. | 7 | | "Program services" includes without limitation the
| 8 | | following: | 9 | | (1) New jobs training. | 10 | | (2) Adult basic education and job-related instruction. | 11 | | (3) Vocational and skill-assessment services and | 12 | | testing. | 13 | | (4) Training facilities, equipment, materials, and | 14 | | supplies. | 15 | | (5) On-the-job training. | 16 | | (6) Administrative expenses for the new jobs training | 17 | | program. | 18 | | (7) Subcontracted services with public or private | 19 | | colleges or universities or other federal, State, or local | 20 | | agencies. | 21 | | (8) Contracted or professional services. | 22 | | (9) The issuance of certificates. | 23 | | "Project" means a training arrangement that is the
subject | 24 | | of an agreement entered into between the board and an employer | 25 | | to provide program services. | 26 | | (b) A board may enter into an agreement to establish a |
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| 1 | | project. If an agreement is entered into, the board and
the | 2 | | employer shall notify the State Board as soon as
possible. An | 3 | | agreement shall provide for program costs, including
deferred | 4 | | costs, that may be paid from one or a combination of the
| 5 | | following sources: | 6 | | (1) Property taxes to be received or derived from
an | 7 | | employer's business property where new jobs are created as | 8 | | a
result of the project. | 9 | | (2) Tuition, student fees, or special charges fixed by | 10 | | the
board to defray program costs in whole or in part. | 11 | | (3) Guarantee of payments to be received under item (1) | 12 | | or (2) of this subsection (b). | 13 | | (c) Payment of program costs must not be deferred for a | 14 | | period
longer than 10 years from the date of commencement of | 15 | | the project. | 16 | | (d) Costs of on-the-job training for employees must not | 17 | | exceed
50% of the annual gross payroll costs for up to one year | 18 | | of
the new jobs. For purposes of this subsection (d), "gross | 19 | | payroll"
means the gross wages, salaries, and benefits for the | 20 | | jobs-in-training in the project. | 21 | | (e) An agreement shall include a provision that fixes the | 22 | | minimum amount of property taxes or tuition and fee payments | 23 | | that shall be paid for program costs. | 24 | | (f) To provide funds for the present payment of the costs | 25 | | of a new jobs training program, the board may borrow money and | 26 | | issue and sell debt certificates or bonds payable from a |
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| 1 | | sufficient portion of the future
receipts of payments | 2 | | authorized by the agreement. The receipts shall
be pledged to | 3 | | the payment of principal of and interest on the
debt | 4 | | certificates or bonds. | 5 | | (g) Certificates or bonds may be sold at public sale or at | 6 | | private sale at
par, premium, or discount at the discretion of | 7 | | the board. | 8 | | (h) Certificates or bonds may be issued with respect to a | 9 | | single project or
multiple projects and may contain terms or | 10 | | conditions as the board may provide by resolution authorizing | 11 | | the issuance of the
certificates or bonds. | 12 | | (i) Certificates or bonds issued to refund other | 13 | | certificates or bonds may be sold
at public sale or at private | 14 | | sale as provided in this Section, with
the proceeds from the | 15 | | sale to be used for the payment of the
debt certificates or | 16 | | bonds being refunded. The refunding debt certificates or bonds | 17 | | may be
exchanged in payment and discharge of the certificates | 18 | | or bonds being
refunded, in installments at different times or | 19 | | an entire issue or
series at one time. Refunding certificates | 20 | | or bonds may be sold or exchanged
at any time on, before, or | 21 | | after the maturity of the outstanding
certificates or bonds to | 22 | | be refunded, may be issued for the purpose of
refunding a like, | 23 | | greater, or lesser principal amount of certificates or bonds,
| 24 | | and may bear a higher, lower, or equivalent rate of interest | 25 | | than the
certificates or bonds being renewed or refunded. | 26 | | (j) To further secure the payment of the debt certificates |
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| 1 | | or bonds, the board shall, by resolution, provide for the | 2 | | assessment of an
annual levy of a standby tax upon all taxable | 3 | | property within the
community college district. A copy of the | 4 | | resolution shall be sent to the county clerk of each county in | 5 | | which the community college district is located. The revenues | 6 | | from the standby tax shall be deposited into a special fund and | 7 | | shall be expended only for the payment of principal of and | 8 | | interest on the certificates or bonds issued as provided in | 9 | | this Section, when
the receipt of payment for program costs as | 10 | | provided in the agreement
is insufficient. If payments are | 11 | | necessary and made from the special
fund, the amount of the | 12 | | payments shall be promptly repaid into the
special fund from | 13 | | the first available payments received for program
costs as | 14 | | provided in the agreement that are not required for the
payment | 15 | | of principal of or interest on certificates or bonds due. No | 16 | | reserves
may be built up in this fund in anticipation of a | 17 | | projected default.
The board shall adjust the annual standby | 18 | | tax levy for
each year to reflect the amount of revenues in the | 19 | | special fund and
the amount of principal and interest that is | 20 | | due in that year. | 21 | | (k) Before debt certificates or bonds are issued, the board | 22 | | shall
publish once a notice of its intention to issue the | 23 | | certificates or bonds,
stating the amount, the purpose, and the | 24 | | project or projects for
which the certificates or bonds are to | 25 | | be issued. A person may, within
15 days after the publication | 26 | | of the notice, by action in the
circuit court of the county in |
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| 1 | | the area within which the community
college district is | 2 | | located, appeal the decision of the board in
proposing to issue | 3 | | the certificates or bonds. The action of the board in | 4 | | determining to issue the certificates or bonds is final and
| 5 | | conclusive unless the circuit court finds that the board has | 6 | | exceeded its legal authority. An action shall not be
brought | 7 | | that questions the legality of the certificates or bonds, the | 8 | | power
of the board to issue the certificates or bonds, the
| 9 | | effectiveness of any proceedings relating to the authorization | 10 | | of the
project, or the authorization and issuance of the | 11 | | certificates or bonds from
and after 15 days from the | 12 | | publication of the notice of
intention to issue. | 13 | | (l) The board shall determine if revenues are
sufficient to | 14 | | secure the faithful performance of obligations in the
| 15 | | agreement. | 16 | | (m) To test the feasibility of statewide implementation, | 17 | | Community College District No. 503, Community College District | 18 | | No. 532, Community College District No. 529, and Community | 19 | | College District No. 522 shall develop and implement pilot | 20 | | initiatives. The results must be reported to the State Board | 21 | | and the General Assembly to determine the feasibility of | 22 | | statewide implementation. ".
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