Public Act 098-0198
 
HB0194 EnrolledLRB098 06322 NHT 36363 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Lincoln Promise Zone Act.
 
    Section 5. Definitions.
    "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
eligible entity.
    "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
zone.
    "Promise zone" means an area designated as a promise zone
by a governing body.
 
    Section 10. 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
promise zone.
    (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.
 
    Section 15. 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
Authority.
    (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.
 
    Section 20. 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
the Board.
    (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
    zone;
        (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
    property;
        (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.
 
    Section 25. Promise zone development plan. A Lincoln
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
    promise zone.
        (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
        (4).
        (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.
 
    Section 30. Deposit and expenditure of moneys received by
the Authority. 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
administrative costs.
 
    Section 35. Review committee.
    (a) There is created a review committee consisting of the
following members:
        (1) The Chairperson of the Senate's Higher Education
    Committee.
        (2) The Minority Spokesperson of the Senate's Higher
    Education Committee.
        (3) The Chairperson of the Senate's Education
    Committee.
        (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
    Education.
        (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
to 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.
 
    Section 90. 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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2013