HB3760 94TH GENERAL ASSEMBLY

LRB094 08670 MKM 42450 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3760

Introduced 2/25/2005, by Rep. Michael J. Madigan - Gary Hannig

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.640 new

Creates the Park and Recreational Facility Construction Act. Authorizes the Department of Natural Resources to determine eligibility for and authorizes the Capitol Development Board (CDB) to make grants to park or recreation units for park or recreational facility construction projects. Establishes an application procedure. Requires the Department to establish eligibility standards and priority standards for park or recreational facility construction grants. Requires CDB to establish project standards for park or recreational facility construction grants and to generally supervise park or recreational facility construction projects. Requires a park or recreation unit to submit the construction project or its financing to a referendum if required by law. Provides that the Chicago Park District may use park or recreational facility construction grants for payment of debt service or a lease. Provides that park or recreation units eligible for but not awarded grants in a fiscal year shall continue to be considered in the next fiscal year. Authorizes CDB and the Department to promulgate rules concerning park or recreational facility construction grants. Requires the Department and CDB to file with the General Assembly a comprehensive report of the capital needs of all park or recreation units in this State before January 1, 2006 and every 2 years thereafter. Amends the State Finance Act to create the Park and Recreational Facility Construction Fund.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning parks and recreation.

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 Park and Recreational Facility Construction Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of Natural Resources.

"Grant index" means a figure for each park or recreation unit equal to one minus the ratio of the park or recreation unit's equalized assessed valuation per capita to the equalized assessed valuation per capita of the park or recreation unit located at the 90th percentile for all park or recreation units in the State. The grant index shall be no less than 0.35 and no greater than 0.75 for each park or recreation unit; provided that the grant index for park or recreation units whose equalized assessed valuation per capita is at the 99th percentile and above for all park or recreation units in the State shall be 0.00.

"Park or recreation unit" means the governmental unit of any public park, park district, park and recreation district, recreational facility, or recreation system established under the Park District Code, the Chicago Park District Act, the Metro-East Park and Recreation District Act, or the Illinois Municipal Code.

"Park or recreation unit construction project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, installation, maintenance, and upkeep of capital facilities consisting of buildings, structures, durable equipment, and land for park or recreation purposes.

Section 10. Grant awards. The Capital Development Board is authorized to make grants to park or recreation units for park or recreation unit construction projects with funds appropriated by the General Assembly from the Park and Recreational Facility Construction Fund pursuant to the provisions of this Act.

Section 15. Grants. The Department is authorized to determine grant eligibility for park or recreation unit construction projects and shall determine the priority order for park or recreation unit construction project grants to be made by the Capital Development Board. When grant eligibility has been determined for a park or recreation unit construction project, the Capital Development Board shall notify the park or recreation unit of the dollar amount of the park or recreation unit construction project's cost that the park or recreation unit will be required to finance with non-grant funds in order to qualify to receive a park or recreation unit construction project grant under this Act from the Capital Development Board. The Department shall thereafter determine whether a grant shall be made.

Section 20. Grant application; facilities plan. Park or recreation units shall apply to the Department for park or recreation unit construction project grants. Park or recreation units filing grant applications shall submit to the Department a facilities plan that shall include, but not be limited to, an assessment of present and future park or recreation facility needs as required by present and anticipated park or recreational programming, the availability of local financial resources including current revenues, fund balances, and unused bonding capacity, a fiscal plan for meeting present and anticipated debt service obligations, and a maintenance plan and schedule that contain necessary assurances that new, renovated, and existing facilities are being or will be properly maintained. The Department shall review and approve park or recreation unit facilities plans prior to determining eligibility and authorizing grants. Each park or recreation unit that is determined to be eligible shall annually update its facilities plan and submit the revised plan to the Department for approval.

Section 25. Eligibility and project standards.

(a) The Department shall establish eligibility standards for park or recreation unit construction project grants and approve a park or recreation unit's eligibility for a park or recreation unit construction project grant pursuant to the established standards. These standards shall include minimum service population requirements for park or recreation unit construction project grants. The Department shall approve a park or recreation unit's eligibility for a construction project grant and the Chicago Park District's eligibility for a debt service grant or lease grant pursuant to the established standards.

(b) The Capital Development Board shall establish project standards for all park or recreation unit construction project grants provided pursuant to this Act. These standards shall include the determination of recognized project costs that shall be eligible for State financial assistance and enrichment costs that shall not be eligible for State financial assistance.

(c) The Department and the Capital Development Board shall not establish standards that disapprove or otherwise establish limitations that restrict the eligibility of the Chicago Park District for a park or recreation unit construction project grant based on the fact that any or all of the park or recreation unit construction project grant will be used to make lease payments, as authorized by subsection (b) of Section 35 of this Act.

Section 30. Priority of construction projects. The Department shall develop standards for the determination of priority needs concerning park or recreation unit construction projects based upon approved facilities plans. These standards shall call for prioritization based on the degree of need and project type in the following order:

(1) Replacement or reconstruction of park or recreation unit facilities destroyed or damaged by flood, tornado, fire, earthquake, or other disasters, either man-made or produced by nature;

(2) Replacement or reconstruction of park or recreation unit facilities determined to be severe and continuing health or life safety hazards;

(3) Alterations necessary to provide accessibility for qualified individuals with disabilities;

(4) Projects designed to address population growth or to replace aging park or recreation unit facilities; and

(5) Other unique solutions to facility needs.

Section 35. Grant amounts; permitted use; prohibited use.

(a) The product of the park or recreation unit's grant index and the recognized project cost, as determined by the Capital Development Board, for an approved park or recreation unit construction project shall equal the amount of the grant the Capital Development Board shall provide to the eligible park or recreation unit. The grant index shall not be used in cases where the General Assembly and the Governor approve appropriations designated for specifically identified park or recreation unit construction projects.

(b) In each fiscal year in which park or recreation unit construction project grants are awarded, 20% of the total amount awarded statewide shall be awarded to the Chicago Park District, provided that the Chicago Park District complies with the provisions of this Act.

In addition to the uses otherwise authorized by this Act, the Chicago Park District is authorized to use any or all of the park or recreation unit construction project grants (i) to pay debt service, as defined in the Local Government Debt Reform Act, on bonds, as defined in the Local Government Debt Reform Act, issued to finance one or more park or recreation unit construction projects and (ii) to the extent that any such bond is a lease or other installment or financing contract between the park or recreation unit and a public building commission that has issued bonds to finance one or more qualifying park or recreation unit construction projects, to make lease payments under the lease.

(c) No portion of a park or recreation unit construction project grant awarded by the Capital Development Board shall be used by a park or recreation unit for any on-going operational costs.

Section 37. Carry over projects. If a park or recreation unit has been determined eligible for a park or recreation unit construction project, has arranged and approved all local financing, and is eligible to receive a park or recreation unit construction project grant award in any fiscal year, but does not receive such award in that year due to lack of adequate appropriations, those park or recreation unit construction projects shall continue to be considered for grant awards for the following fiscal year.

Section 40. Supervision of park or recreation unit construction projects. The Capital Development Board shall exercise general supervision over park or recreation unit construction projects financed pursuant to this Act. Park or recreation units, however, must be allowed to choose the architect and engineer for their park or recreation unit construction projects, and no project may be disapproved by the Department or the Capital Development Board solely due to a park or recreation unit's selection of an architect or engineer.

Section 50. Referendum requirements. After the Department has approved all or part of a park or recreation unit's application and made a determination of eligibility for a park or recreation unit construction project grant, the park or recreation unit shall submit the project or the financing of the project to a referendum when the referendum is required by law.

Section 55. Rules.

(a) The Capital Development Board shall promulgate such rules as it deems necessary for carrying out its responsibilities under the provisions of this Act.

(b) The Department shall promulgate such rules as it deems necessary for carrying out its responsibilities under the provisions of this Act.

Section 60. Capital needs assessment. The Department and the Capital Development Board shall file with the General Assembly a comprehensive assessment report of the capital needs of all park or recreation units in this State before January 1, 2006 and every 2 years thereafter. This assessment shall include, without limitation, an analysis of the 6 categories of capital needs prioritized in Section 5-30 of this Act.

Section 900. The State Finance Act is amended by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Park and Recreational Facility Construction Fund.