Full Text of HB1052 94th General Assembly
HB1052 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1052
Introduced 2/4/2005, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
|
New Act |
|
30 ILCS 105/5.640 new |
|
|
Creates the Local Legacy Act. Creates the Local Legacy Board and establishes
its
membership, powers, and duties. Provides that the Board must choose a
chairperson,
adopt rules necessary to implement the Act, and submit a report to the General
Assembly
and the Governor by January 1, 2006 and every 2 years thereafter. Creates
the Local
Legacy Program to fund county-municipal partnerships for the purpose of
inventorying
and protecting natural areas, farmland, and cultural resources. Requires
counties
interested in program funds to form a Local Steering Committee composed of
county
board members, municipal officers, and local residents and provides procedures
for
Committee oversight of grant requests. Requires any Committee to develop
criteria and a
Resource Protection Plan for prioritizing resources and the use of grant moneys
under the
Act. Allows a local municipality to object in writing to all or some of the
Resource
Protection Plan and provides that only those counties, municipalities, and
units of local
government that have adopted a Resource Protection Plan are eligible for grant
moneys
under the Act. Creates the Local Legacy Fund as a special fund in the State
treasury and
specifies the purposes for which the Fund moneys may be used.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1052 |
|
LRB094 08369 BDD 38562 b |
|
| 1 |
| AN ACT to create the Local Legacy Act.
| 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 Local | 5 |
| Legacy
Act .
| 6 |
| Section 5. Policy.
| 7 |
| (a) Illinois has a rich natural and cultural heritage. | 8 |
| Whether
historic sites, natural areas, rich farmland, or other | 9 |
| prized resources,
every county has treasures worth preserving | 10 |
| for future generations.
| 11 |
| (b) As counties and municipalities grow, they often do not | 12 |
| have the
opportunity to consider which resources are most | 13 |
| important to them.
Consequently, they may inadvertently | 14 |
| imperil a historic structure, sever
a potential natural | 15 |
| corridor, or fragment farmland into small and
unsustainable | 16 |
| remnants.
| 17 |
| (c) It is necessary and desirable to provide technical | 18 |
| assistance and
funding in the form of grants to encourage | 19 |
| partnerships between
counties and municipalities for the | 20 |
| creation of an inventory of their
natural areas, farmland, and | 21 |
| cultural assets and to develop a Resource
Protection Plan for | 22 |
| protecting those areas.
| 23 |
| (d) It is the purpose of this Act to promote voluntary | 24 |
| county-municipal
partnerships in every county by the year 2020 | 25 |
| that will
inventory resources, develop Resource Protection | 26 |
| Plans, and implement
their respective plans.
| 27 |
| Section 10. Definitions. In this Act:
| 28 |
| "Board" means the Local Legacy Board created under this | 29 |
| Act.
| 30 |
| "Committee" means a Local Steering Committee established | 31 |
| under
this Act.
|
|
|
|
HB1052 |
- 2 - |
LRB094 08369 BDD 38562 b |
|
| 1 |
| "Cultural resource" means a structure, building, district, | 2 |
| or site that
has aesthetic, architectural, cultural, | 3 |
| archeological, or historical
significance at the local, state, | 4 |
| or national level.
| 5 |
| "Farmland" means land devoted to agriculture or | 6 |
| horticultural
uses for the production of food (including | 7 |
| grains, fruits, vegetables,
dairy products, or mushrooms), | 8 |
| fiber, floriculture, or forest products, or
the raising of farm | 9 |
| animals (including livestock, sheep, swine,
horses, ponies, | 10 |
| poultry, bees, or fish) or wildlife.
| 11 |
| "Inventory" means a listing of a county's and its | 12 |
| municipalities'
natural areas, farmland, and cultural | 13 |
| resources.
| 14 |
| "Natural area" means an area of land or water that either | 15 |
| retains or
has recovered to a substantial degree its original | 16 |
| natural or primeval
character, though it need not be completely | 17 |
| undisturbed, or has floral,
faunal, ecological, geological, or | 18 |
| archeological features of scientific,
educational, | 19 |
| recreational, scenic, or aesthetic interest.
| 20 |
| "Program" means the Local Legacy Program.
| 21 |
| "Resource", unless otherwise specified, means farmland, a | 22 |
| natural
area, or a cultural resource.
| 23 |
| "Resource Protection Plan" means an integrated document | 24 |
| that
includes goals, policies, strategies, and procedures for | 25 |
| preserving key
farmland, natural areas, and cultural resources | 26 |
| identified in a countywide
inventory and adopted as provided in | 27 |
| Section 30 of this Act.
| 28 |
| Section 15. The Local Legacy Board. The Local Legacy Board | 29 |
| is
created to administer the Program under this Act. The | 30 |
| membership of
the Board shall be composed of the Director of
| 31 |
| Natural Resources, the Director of Historic Preservation, and | 32 |
| the
Director of Agriculture, or their respective designees. The
| 33 |
| Board must choose a Chairperson to serve for 2 years on a | 34 |
| rotating
basis. All members must be present for the Board to | 35 |
| conduct official business.
The Departments must each furnish |
|
|
|
HB1052 |
- 3 - |
LRB094 08369 BDD 38562 b |
|
| 1 |
| technical support to the
Board.
| 2 |
| The Board has those powers necessary to carry out the | 3 |
| purposes of
this Act, including, without limitation, the power | 4 |
| to:
| 5 |
| (1) employ agents and employees necessary to carry out | 6 |
| the
purposes of this Act and fix their compensation, | 7 |
| benefits,
terms, and conditions of employment;
| 8 |
| (2) adopt, alter and use a corporate seal;
| 9 |
| (3) have an audit made of the accounts of any grantee | 10 |
| or any
person or entity that receives funding under this | 11 |
| Act;
| 12 |
| (4) enforce the terms of any grant made under this Act, | 13 |
| whether
in law or equity, or by any other legal means;
| 14 |
| (5) prepare and submit a budget and request for | 15 |
| appropriations
for the necessary and contingent operating | 16 |
| expenses of the
Board; and
| 17 |
| (6) receive and accept, from any source, aid or | 18 |
| contributions of money,
property, labor, or other items of | 19 |
| value for furtherance of any of its
purposes, subject to | 20 |
| any conditions not inconsistent with this Act or with the
| 21 |
| laws of this State pertaining to those contributions, | 22 |
| including, but not
limited to, gifts, guarantees, or grants | 23 |
| from any department, agency, or
instrumentality of the | 24 |
| United States of America.
| 25 |
| The Board must adopt any rules, regulations, guidelines, | 26 |
| and
directives necessary to implement the Act, including | 27 |
| guidelines for
designing inventories so that they will be | 28 |
| compatible with each other.
| 29 |
| The Board must submit a report to the General Assembly and | 30 |
| the
Governor by January 1, 2006 and every 2 years thereafter | 31 |
| regarding
progress made towards accomplishing the purposes of | 32 |
| this Act.
| 33 |
| Section 20. Local Legacy Program. The Local Legacy Program | 34 |
| is
created. The Board shall determine the eligibility of | 35 |
| county-municipal
partnerships for funding under the Program. |
|
|
|
HB1052 |
- 4 - |
LRB094 08369 BDD 38562 b |
|
| 1 |
| The purpose of the
Program is to provide grants to counties and | 2 |
| municipalities to (i)
inventory their
natural areas, farmland, | 3 |
| and cultural resources; and (ii) develop Resource
Protection
| 4 |
| Plans.
| 5 |
| Section 25. Local Steering Committee. Counties interested | 6 |
| in
assistance under this Act must form a steering committee | 7 |
| consisting of
11 members in the following 3 categories chosen | 8 |
| according to
the following requirements:
| 9 |
| (1) Three members of the county board appointed by the | 10 |
| county board
chairperson with the advice and consent of the | 11 |
| county board.
| 12 |
| (2) Three elected municipal officials chosen by the | 13 |
| corporate
authorities of those municipalities | 14 |
| participating in the county-municipal
partnership.
| 15 |
| (3) Five public members who reside within the county | 16 |
| and are
appointed by a majority vote of the county board | 17 |
| members
and elected municipal officials on the Local | 18 |
| Steering Committee,
with one each representing the | 19 |
| following categories:
| 20 |
| (a) Agriculture.
| 21 |
| (b) Environment.
| 22 |
| (c) Historic preservation.
| 23 |
| (d) Construction or development.
| 24 |
| (e) Citizen-at-large.
| 25 |
| When the Committee is first established, one-third of the | 26 |
| members of
each category shall serve a term of one year; | 27 |
| one-third shall serve a term
of 2 years; and one-third shall | 28 |
| serve a term of 3 years, except for
the public members, one of | 29 |
| whom will serve for one year, 2 of whom
shall serve for 2 | 30 |
| years, and 2 of whom will serve for 3 years. All
subsequent | 31 |
| members shall serve for a term of 3 years. A vacancy shall be
| 32 |
| filled
in the same manner as an original appointment.
| 33 |
| The Chairperson shall be chosen for a term of 2 years from
| 34 |
| among the members of the Committee by a majority vote of the
| 35 |
| Committee; all members of the Committee including the |
|
|
|
HB1052 |
- 5 - |
LRB094 08369 BDD 38562 b |
|
| 1 |
| Chairperson
have a vote.
| 2 |
| The Committee shall adopt its own rules of operation.
| 3 |
| Section 30. Duties of the Local Steering Committee. The | 4 |
| Local
Steering Committee shall have the authority to apply for | 5 |
| and receive
grants to conduct an inventory and develop a | 6 |
| Resource Protection Plan
and to review all grant applications | 7 |
| from units of local government
before they are submitted to the | 8 |
| Board.
| 9 |
| The Local Steering Committee shall develop a strategy for
| 10 |
| conducting an inventory of natural areas, farmland, and | 11 |
| cultural
resources. The Committee shall determine which | 12 |
| resources should be
included in the inventory, the amount of | 13 |
| financial and technical
assistance needed from the State, what | 14 |
| information is already available,
who will conduct the | 15 |
| inventory, how municipal and county efforts
should be | 16 |
| coordinated, and how to present the information so that it is
| 17 |
| compatible with inventories conducted by other | 18 |
| county-municipal
partnerships.
| 19 |
| The Committee shall use the inventory as the basis for | 20 |
| developing
its Resource Protection Plan. Working with a | 21 |
| professional planner or
other resource specialist, the | 22 |
| Committee shall develop criteria for
prioritizing resources | 23 |
| identified by the inventory. When prioritizing
resources, the | 24 |
| Committee shall analyze the threat to the resources using
| 25 |
| population projections, land use patterns, and development | 26 |
| trends. Upon
the approval of two-thirds of its members, with at | 27 |
| least one member
from each of the 3 categories voting in | 28 |
| approval, the Committee
shall recommend that the county board | 29 |
| and the municipalities within the
county adopt the Resource | 30 |
| Protection Plan. Amendments to the
Resource Protection Plan | 31 |
| must be approved in the same manner. A local
government may | 32 |
| object to all or part of the Resource Protection Plan in
| 33 |
| writing. If a written objection is filed with the Committee, | 34 |
| the portion of
the Plan objected to shall not be effective | 35 |
| within that local government's
borders. The objecting local |
|
|
|
HB1052 |
- 6 - |
LRB094 08369 BDD 38562 b |
|
| 1 |
| government may modify or withdraw its
objection at any time.
| 2 |
| Section 35. Local Legacy Fund. The Local Legacy Fund is
| 3 |
| created as a special fund in the State Treasury. Subject to | 4 |
| appropriation,
moneys shall be transferred into the Local | 5 |
| Legacy Fund from the
General Revenue Fund. All interest or | 6 |
| other earnings that accrue from
investment of the Local Legacy | 7 |
| Fund moneys shall be credited to the
Local Legacy Fund. The | 8 |
| Local Legacy Fund shall be used by the Board
to make grants to | 9 |
| counties and municipalities for inventorying
and planning for | 10 |
| preservation of farmland, natural areas, and cultural
| 11 |
| resources.
| 12 |
| Section 40. Consideration of State grant awards. When | 13 |
| approving grant
awards
under this Act, the Board or the State | 14 |
| agency, as the case may be, shall give
preferential | 15 |
| consideration to counties and
municipalities that have adopted | 16 |
| Resource Protection Plans.
| 17 |
| Section 90. The State Finance Act is amended by adding | 18 |
| Section
5.640 as follows:
| 19 |
| (30 ILCS 105/5.640 new)
| 20 |
| Sec. 5.640. The Local Legacy Fund.
|
|