|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning public libraries.
| ||||||
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 Public | ||||||
5 | Library Construction Act . | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Grant index" means a figure for each public library equal | ||||||
8 | to one minus the
ratio of the public library's equalized | ||||||
9 | assessed valuation per capita to the equalized assessed | ||||||
10 | valuation per capita of the public library located at the 90th | ||||||
11 | percentile for all public libraries in the State. The grant | ||||||
12 | index shall be no less than 0.35 and no greater than
0.75 for | ||||||
13 | each public library; provided that the grant index for public | ||||||
14 | libraries whose
equalized assessed valuation per capita is at | ||||||
15 | the
99th percentile and above for all public libraries in the | ||||||
16 | State shall be 0.00. | ||||||
17 | "Public library" means the governmental unit of any free | ||||||
18 | and public library (i) established under the Illinois Local | ||||||
19 | Library Act, the Public Library District Act of 1991, the | ||||||
20 | Illinois Library System Act, or the Village Library Act or (ii) | ||||||
21 | maintained and operated by a unit of local government. "Public | ||||||
22 | library" does not include any private library. | ||||||
23 | "Public library construction project" means the | ||||||
24 | acquisition, development,
construction, reconstruction, | ||||||
25 | rehabilitation, improvement, architectural
planning, | ||||||
26 | installation, maintenance, and upkeep of capital facilities | ||||||
27 | consisting of buildings,
structures, durable equipment, and | ||||||
28 | land for public library purposes.
| ||||||
29 | Section 10. Grant awards. The Capital Development Board is | ||||||
30 | authorized to
make grants to public libraries for public | ||||||
31 | library construction projects with funds
appropriated by the |
| |||||||
| |||||||
1 | General
Assembly from the Public Library Construction Fund | ||||||
2 | pursuant to the provisions of this
Act. | ||||||
3 | Section 15. Grants. The Secretary of State is authorized
to | ||||||
4 | determine grant eligibility for public library construction | ||||||
5 | projects and shall determine the priority order for public | ||||||
6 | library construction project grants
to be made by the Capital | ||||||
7 | Development Board.
When a grant eligibility has been determined | ||||||
8 | for a public library construction project, the
Capital | ||||||
9 | Development Board shall notify the
public library of the dollar | ||||||
10 | amount of the public library construction
project's cost that | ||||||
11 | the public library will be required to finance with non-grant
| ||||||
12 | funds in order to qualify to receive a public library | ||||||
13 | construction project grant under
this Act from the Capital | ||||||
14 | Development Board. The Secretary of State shall thereafter | ||||||
15 | determine whether a grant shall be made. | ||||||
16 | Section 20. Grant application; public library facilities | ||||||
17 | plan. Public libraries
shall apply to the Secretary of State | ||||||
18 | for public library construction project
grants. Public | ||||||
19 | libraries filing grant applications shall
submit to the | ||||||
20 | Secretary of State a public library facilities plan that shall | ||||||
21 | include,
but not be limited to, an assessment of present and | ||||||
22 | future public library facility
needs as required by present and | ||||||
23 | anticipated public library programming, the
availability of | ||||||
24 | local financial resources
including current revenues, fund | ||||||
25 | balances, and unused bonding capacity, a
fiscal plan for | ||||||
26 | meeting present and anticipated debt service obligations, and a
| ||||||
27 | maintenance plan and schedule that contain necessary | ||||||
28 | assurances that new,
renovated, and existing facilities are | ||||||
29 | being or will be properly maintained.
The Secretary of State | ||||||
30 | shall review and approve public library facilities plans
prior | ||||||
31 | to determining eligibility and authorizing grants. Each public | ||||||
32 | library that is determined to be eligible shall annually update | ||||||
33 | its public library facilities plan and submit the
revised plan | ||||||
34 | to the
Secretary of State for approval. |
| |||||||
| |||||||
1 | Section 25. Eligibility and project standards. | ||||||
2 | (a) The Secretary of State shall establish eligibility | ||||||
3 | standards for
public library construction project grants and | ||||||
4 | approve a public library's eligibility for a public library
| ||||||
5 | construction project grant pursuant to the established
| ||||||
6 | standards. These standards shall include minimum service | ||||||
7 | population requirements for construction project grants. | ||||||
8 | (b) The Capital Development Board shall establish
project | ||||||
9 | standards for all public library construction project grants | ||||||
10 | provided pursuant
to this Act. These standards shall include | ||||||
11 | the determination of recognized project costs that shall be | ||||||
12 | eligible
for State financial assistance and enrichment costs | ||||||
13 | that shall not be eligible
for State financial assistance. | ||||||
14 | Section 30. Priority of public library construction | ||||||
15 | projects. The Secretary of State shall develop standards for | ||||||
16 | the determination of priority needs
concerning public library | ||||||
17 | construction projects based upon approved public library | ||||||
18 | facilities
plans. These standards shall call for | ||||||
19 | prioritization based on
the degree of need and project type in | ||||||
20 | the following order: | ||||||
21 | (1) Replacement or reconstruction of public library | ||||||
22 | facilities destroyed or damaged
by flood, tornado, fire, | ||||||
23 | earthquake, or other disasters, either man-made or
| ||||||
24 | produced by nature;
| ||||||
25 | (2) Projects designed to address
population growth or | ||||||
26 | to replace aging public library facilities; | ||||||
27 | (3) Replacement or reconstruction of public library
| ||||||
28 | facilities determined to be severe and continuing health or | ||||||
29 | life safety
hazards;
| ||||||
30 | (4) Alterations necessary to provide accessibility for | ||||||
31 | qualified individuals
with disabilities; and
| ||||||
32 | (5) Other unique solutions to facility needs.
| ||||||
33 | Section 35. Public library construction project grant |
| |||||||
| |||||||
1 | amounts; permitted
use; prohibited use. | ||||||
2 | (a) The product of the public library's grant index and the
| ||||||
3 | recognized project cost, as determined by the Capital | ||||||
4 | Development Board, for an
approved public library construction | ||||||
5 | project shall equal the amount of the grant the
Capital | ||||||
6 | Development Board shall provide to the eligible public library. | ||||||
7 | The grant
index shall not be used in cases where the General | ||||||
8 | Assembly and the Governor
approve appropriations designated | ||||||
9 | for specifically identified public library
construction | ||||||
10 | projects.
| ||||||
11 | (b) In each fiscal year in which public library | ||||||
12 | construction project grants are
awarded, of the total amount | ||||||
13 | awarded statewide, 20% shall be awarded to the Chicago Public | ||||||
14 | Library System, provided that the Chicago Public Library System | ||||||
15 | complies
with the provisions of this Act, and 80% shall be | ||||||
16 | awarded to public libraries outside of the City of Chicago.
| ||||||
17 | (c) No portion of a public library construction project | ||||||
18 | grant awarded by the
Capital Development Board shall be used by | ||||||
19 | a public library for any
on-going operational costs.
| ||||||
20 | Section 37. Carry over projects. If a public library has | ||||||
21 | been determined eligible for a public library construction | ||||||
22 | project, has arranged and approved
all local financing, and is | ||||||
23 | eligible to receive a public library construction project
grant | ||||||
24 | award in any fiscal year, but does not receive such award in | ||||||
25 | that year
due to lack of adequate appropriations, those public | ||||||
26 | library construction projects shall
continue to be considered | ||||||
27 | for grant awards
for the following fiscal year. | ||||||
28 | Section 40. Supervision of public library construction | ||||||
29 | projects. The Capital
Development Board shall exercise general | ||||||
30 | supervision over public library construction
projects financed | ||||||
31 | pursuant to this Act. Public libraries, however, must be | ||||||
32 | allowed to choose the architect and engineer for their public | ||||||
33 | library construction projects, and no project may be | ||||||
34 | disapproved by the Secretary of State or the Capital |
| |||||||
| |||||||
1 | Development Board solely due to a public library's selection of | ||||||
2 | an architect or engineer. | ||||||
3 | Section 50. Referendum requirements. After the Secretary | ||||||
4 | of State
has approved all or part of a public library's | ||||||
5 | application and made a determination of eligibility for a | ||||||
6 | public library construction project grant, the governing body | ||||||
7 | of the public library shall submit
the project or the financing | ||||||
8 | of the project to a referendum when the
referendum is required | ||||||
9 | by law. | ||||||
10 | Section 55. Rules. | ||||||
11 | (a) The Capital Development Board shall promulgate such | ||||||
12 | rules as it deems
necessary for carrying out its | ||||||
13 | responsibilities under the provisions of this
Act.
| ||||||
14 | (b) The Secretary of State shall promulgate such rules as | ||||||
15 | it deems
necessary for carrying out its responsibilities under | ||||||
16 | the provisions of this
Act.
| ||||||
17 | Section 60. Public library capital needs assessment. The | ||||||
18 | Secretary of State and the Capital Development Board shall file | ||||||
19 | with the General
Assembly a comprehensive assessment report of | ||||||
20 | the capital needs of all
public libraries in this State before | ||||||
21 | January 1, 2006
and every 2 years thereafter. This assessment | ||||||
22 | shall include, without
limitation, an analysis of the 5 | ||||||
23 | categories of capital needs prioritized in
Section 5-30 of this | ||||||
24 | Act. | ||||||
25 | Section 900. The State Finance Act is amended by adding | ||||||
26 | Section
5.640 as follows:
| ||||||
27 | (30 ILCS 105/5.640 new)
| ||||||
28 | Sec. 5.640. The Public Library Construction Fund.
|