Public Act 098-0198
Public Act 0198 98TH GENERAL ASSEMBLY
|Public Act 098-0198|
|HB0194 Enrolled||LRB098 06322 NHT 36363 b|
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Lincoln Promise Zone Act.
"Authority" means a Lincoln Promise Zone Authority created
under this Act.
"Board" means the Board of an Authority.
"Eligible entity" means the City of Rockford, the City of
Aurora, or the City of East St. Louis.
"Governing body" means the city council of the applicable
"Promise of financial assistance" means a commitment by an
eligible entity to provide financial resources for a community
college education for the 2015-2016 and 2016-2017 academic
years to eligible students living in a promise zone who have
graduated from a public high school located within that promise
"Promise zone" means an area designated as a promise zone
by a governing body.
Designation of a promise zone.
(a) If a governing body determines that it is necessary for
the best interests of the public to promote access to a
community college education, the governing body may, by
ordinance or resolution, declare its intention to establish a
(b) The governing body shall set a date for a public
hearing on the adoption of a proposed resolution establishing
the promise zone. Notice of the public hearing shall be
published twice in a newspaper of general circulation in the
eligible entity, not less than 20 or more than 40 days before
the date of the hearing. Notice of the hearing shall be posted
in at least 20 conspicuous and public places in the eligible
entity not less than 20 days before the hearing. The notice
shall state the date, time, and place of the hearing and shall
describe the proposed promise zone, the details of the promise
of financial assistance, and the criteria for eligibility to
receive that financial assistance.
(c) If the governing body of the eligible entity intends to
proceed with the establishment of the promise zone, the
governing body shall, by ordinance or resolution, establish a
Promise Zone Authority; creation.
(a) If the governing body, by ordinance or resolution,
establishes the promise zone, the governing body shall, by
ordinance or resolution, create a Lincoln Promise Zone
(b) For the City of Rockford and the City of Aurora, an
Authority shall be under the supervision and control of a Board
consisting of the mayor and 6 members appointed by the mayor,
with the advice and consent of the governing body, with 2 of
the 6 members being educators and 2 of the 6 members being
community business leaders. With respect to the City of East
St. Louis, an Authority shall be under the supervision and
control of a Board consisting of the mayor and (i) 2 members
who are educators appointed by the State Senator from the 57th
Legislative District, with the advice and consent of the
governing body; (ii) 2 members who are community business
leaders appointed by the State Senator from the 57th
Legislative District, with the advice and consent of the
governing body; and (iii) 2 members appointed by the mayor,
with the advice and consent of the governing body. Each member
of an Authority shall serve until the Authority is abolished
under Section 90 of this Act. An appointment to fill a vacancy
shall be made by the person who made the original appointment,
with the advice and consent of the governing body. Members of
the Board shall serve without compensation, but may be
reimbursed for actual and necessary expenses from funds the
Authority receives. The Chairperson of the Board shall be
elected by the Board.
Powers of the Authority.
(a) An Authority is a public body corporate that may sue
and be sued in any court of this State. An Authority possesses
all of the powers necessary to carry out its purpose. The
enumeration of a power in this Act shall not be construed as a
limitation upon the general powers of the Authority.
(b) The Board may employ and fix the compensation of a
Director. The Director shall serve at the pleasure of the
Board. A member of the Board is not eligible to hold the
position of Director. Before beginning his or her duties, the
Director shall furnish bond by posting a bond in the sum
determined in the ordinance or resolution establishing the
Authority payable to the Authority for use and benefit of the
Authority, approved by the Board, and filed with the clerk of
the eligible entity. The premium on the bond shall be
considered an operating expense of the Authority, payable from
funds available to the Authority for expenses of operation. The
Director shall be the chief executive officer of the Authority.
(c) Subject to the approval of the Board, the Director
shall supervise and be responsible for implementing the promise
zone development plan established under Section 25 of this Act
and the performance of the functions of the Authority in the
manner authorized by this Act. The Director shall attend the
meetings of the Board and shall provide to the Board, the
governing body, and the chief executive officer of the eligible
entity a regular report covering the activities and financial
condition of the Authority. If the Director is absent or
disabled, the Board may designate a qualified person as Acting
Director to perform the duties of the office.
(d) The Board may employ and fix the compensation of a
Treasurer, who shall keep the financial records of the
Authority and who, together with the Director, shall approve
all vouchers for the expenditure of funds of the Authority. The
Treasurer shall perform all duties delegated to him or her by
the Board and shall furnish a bond in an amount prescribed by
(e) The Board may employ and fix the compensation of a
Secretary, who shall maintain custody of the official seal and
of records, books, documents, or other papers not required to
be maintained by the Treasurer. The Secretary shall attend
meetings of the Board and keep a record of its proceedings and
shall perform other duties delegated by the Board.
(f) The Board may retain legal counsel to advise the Board
in the proper performance of its duties.
(g) The Board may employ other personnel considered
necessary by the Board.
(h) The Board may do any of the following:
(1) prepare an analysis of the community college
educational opportunities for the residents of the promise
(2) study and analyze the need for financial resources
to provide community college educational opportunities for
residents of the promise zone;
(3) acquire, by purchase or otherwise, on terms and
conditions and in a manner the Authority considers proper,
own, convey, or otherwise dispose of, or lease as lessor or
lessee land and other property, real or personal, or rights
or interests in the property that the Authority determines
is reasonably necessary to achieve the purposes of this Act
and grant or acquire licenses, easements, and options;
(4) fix, charge, and collect fees, rents, and charges
for the use of any facility, building, or property under
its control or any part of the facility, building, or
(5) lease, in whole or in part, any facility, building,
or property under its control; or
(6) solicit and accept grants and donations of money,
property, labor, or other things of value from a private
source, except as otherwise prohibited by law.
Promise zone development plan.
Promise Zone Authority created under Section 15 of this Act
shall prepare and adopt a promise zone development plan, which
shall include all of the following:
(1) A complete description of the proposed promise of
financial assistance. The proposed promise of financial
assistance shall include, without limitation, a promise of
financial assistance for the 2015-2016 and 2016-2017
academic years to all students residing within the promise
zone who graduate from a public high school located within
that promise zone to attend community college in the public
community college district where the eligible entity is
located. The proposed promise of financial assistance
shall, at a minimum, provide funding sufficient to provide
an eligible student the tuition necessary to obtain an
associate degree or its equivalent at the local community
college during the 2015-2016 and 2016-2017 academic years,
subject to any limitations authorized under this Section.
The proposed promise of financial assistance may also
authorize the expenditure of funds for educational
improvement activities designed to increase readiness for
postsecondary education at public schools located in the
(2) A complete description of any limitation on the
promise of financial assistance, including, but not
limited to, the following:
(A) whether the promise of financial assistance
will be prorated based on the number of years the
student has resided within the promise zone;
(B) whether the promise of financial assistance
will be restricted to students who have resided within
or attended a public high school within the promise
zone for a minimum number of years;
(C) whether the promise of financial assistance is
predicated on the student maintaining a minimum
college grade point average and carrying a minimum
college credit hour classload.
(3) A requirement that graduates of a public high
school exhaust all other known and available grants for
tuition and fees for postsecondary education provided by a
federal, State, or local governmental entity, as
determined by the Board.
(4) A description of how the funds necessary to
accomplish the promise of financial assistance will be
raised. The promise zone development plan shall be financed
from one or more of the following sources:
(A) private donations;
(B) money obtained from other private sources
approved by the governing body or otherwise authorized
by law; or
(C) interest or other investment income, earnings,
or proceeds from item (A) or (B) of this subdivision
(5) An actuarial model of how much the proposed plan is
estimated to cost.
The Board shall submit the promise zone development plan to
the review committee established under Section 35 of this Act
promptly after the plan's adoption. The promise zone
development plan shall be published on the Internet website of
the eligible entity that established the promise zone.
Deposit and expenditure of moneys received by
Moneys received by the Authority shall
immediately be deposited to the credit of the Authority,
subject to disbursement under this Act. The Authority shall not
expend more than 15% of its proposed annual budget for
(a) There is created a review committee consisting of the
(1) The Chairperson of the Senate's Higher Education
(2) The Minority Spokesperson of the Senate's Higher
(3) The Chairperson of the Senate's Education
(4) The Chairperson of the House of Representative's
Higher Education Committee.
(5) The Minority Spokesperson of the House of
Representative's Higher Education Committee.
(6) The Chairperson of the House of Representative's
Elementary & Secondary Education Committee.
(7) One representative of the Illinois Student
Assistance Commission, appointed by the Chairman of the
Illinois Student Assistance Commission.
(8) One representative of the Board of Higher
Education, appointed by the Chairman of the Board of Higher
(9) One representative of the Illinois Community
College Board, appointed by the Chairman of the Illinois
Community College Board.
(b) The review committee shall review each promise zone
development plan submitted under Section 25 of this Act, as
well as the plan's implementation. An Authority must submit
such information as the review committee may request from time
(c) The review committee shall report to the General
Assembly on all aspects of this Act's implementation on or
before December 31, 2017.
Abolishment of Authority; expiration of Act.
(a) An Authority created under this Act is abolished on
January 31, 2018.
(b) This Act is repealed on January 31, 2018.
This Act takes effect upon
Effective Date: 8/9/2013