Illinois General Assembly - Full Text of HB3760
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Full Text of HB3760  94th General Assembly

HB3760ham002 94TH GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 5/25/2005

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3760
2     AMENDMENT NO. ______. Amend House Bill 3760, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 1. Short title. This Act may be cited as the Park
6 and Recreational Facility Construction Act.
 
7     Section 5. Definitions. As used in this Act:
8     "Department" means the Department of Natural Resources.
9     "Grant index" means a figure for each park or recreation
10 unit equal to one minus the ratio of the park or recreation
11 unit's equalized assessed valuation per capita to the equalized
12 assessed valuation per capita of the park or recreation unit
13 located at the 90th percentile for all park or recreation units
14 in the State. The grant index shall be no less than 0.35 and no
15 greater than 0.75 for each park or recreation unit; provided
16 that the grant index for park or recreation units whose
17 equalized assessed valuation per capita is at the 99th
18 percentile and above for all park or recreation units in the
19 State shall be 0.00.
20     "Park or recreation unit" means the governmental unit of
21 any public park, park district, park and recreation district,
22 recreational facility, or recreation system established under
23 the Park District Code, the Chicago Park District Act, the
24 Metro-East Park and Recreation District Act, or the Illinois
25 Municipal Code.

 

 

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1     "Park or recreation unit construction project" means the
2 acquisition, development, construction, reconstruction,
3 rehabilitation, improvement, architectural planning,
4 installation, maintenance, and upkeep of (i) capital
5 facilities consisting of buildings, structures, durable
6 equipment, and land for park or recreation purposes and (ii)
7 open spaces and natural areas, as those terms are defined in
8 Section 10 of the Illinois Open Land Trust Act.
 
9     Section 10. Grant awards. The Capital Development Board is
10 authorized to make grants to park or recreation units for park
11 or recreation unit construction projects with funds
12 appropriated by the General Assembly from the Park and
13 Recreational Facility Construction Fund pursuant to the
14 provisions of this Act.
 
15     Section 15. Grants. The Department is authorized to
16 determine grant eligibility for park or recreation unit
17 construction projects and shall determine the priority order
18 for park or recreation unit construction project grants to be
19 made by the Capital Development Board. When grant eligibility
20 has been determined for a park or recreation unit construction
21 project, the Capital Development Board shall notify the park or
22 recreation unit of the dollar amount of the park or recreation
23 unit construction project's cost that the park or recreation
24 unit will be required to finance with non-grant funds in order
25 to qualify to receive a park or recreation unit construction
26 project grant under this Act from the Capital Development
27 Board. The Department shall thereafter determine whether a
28 grant shall be made.
 
29     Section 20. Grant application; facilities plan. Park or
30 recreation units shall apply to the Department for park or
31 recreation unit construction project grants. Park or

 

 

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1 recreation units filing grant applications shall submit to the
2 Department a facilities plan that shall include, but not be
3 limited to, an assessment of present and future park or
4 recreation facility needs as required by present and
5 anticipated park or recreational programming, the availability
6 of local financial resources including current revenues, fund
7 balances, and unused bonding capacity, a fiscal plan for
8 meeting present and anticipated debt service obligations, and a
9 maintenance plan and schedule that contain necessary
10 assurances that new, renovated, and existing facilities are
11 being or will be properly maintained. The Department shall
12 review and approve park or recreation unit facilities plans
13 prior to determining eligibility and authorizing grants. Each
14 park or recreation unit that is determined to be eligible shall
15 annually update its facilities plan and submit the revised plan
16 to the Department for approval.
 
17     Section 25. Eligibility and project standards.
18     (a) The Department shall establish eligibility standards
19 for park or recreation unit construction project grants and
20 approve a park or recreation unit's eligibility for a park or
21 recreation unit construction project grant pursuant to the
22 established standards. These standards shall include minimum
23 service population requirements for park or recreation unit
24 construction project grants.
25     (b) The Capital Development Board shall establish project
26 standards for all park or recreation unit construction project
27 grants provided pursuant to this Act. These standards shall
28 include the determination of recognized project costs that
29 shall be eligible for State financial assistance and enrichment
30 costs that shall not be eligible for State financial
31 assistance.
 
32     Section 30. Priority of construction projects. The

 

 

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1 Department shall develop standards for the determination of
2 priority needs concerning park or recreation unit construction
3 projects based upon approved facilities plans. These standards
4 shall call for prioritization based on the degree of need and
5 project type in the following order:
6         (1) Replacement or reconstruction of park or
7     recreation unit facilities destroyed or damaged by flood,
8     tornado, fire, earthquake, or other disasters, either
9     man-made or produced by nature;
10         (2) Projects designed to address population growth or
11     to replace aging park or recreation unit facilities;
12         (3) Replacement or reconstruction of park or
13     recreation unit facilities determined to be severe and
14     continuing health or life safety hazards;
15         (4) Alterations necessary to provide accessibility for
16     qualified individuals with disabilities; and
17         (5) Other unique solutions to facility needs.
 
18     Section 35. Grant amounts; permitted use; prohibited use.
19     (a) The product of the park or recreation unit's grant
20 index and the recognized project cost, as determined by the
21 Capital Development Board, for an approved park or recreation
22 unit construction project shall equal the amount of the grant
23 the Capital Development Board shall provide to the eligible
24 park or recreation unit. The grant index shall not be used in
25 cases where the General Assembly and the Governor approve
26 appropriations designated for specifically identified park or
27 recreation unit construction projects.
28     (b) In each fiscal year in which park or recreation unit
29 construction project grants are awarded, of the total amount
30 awarded statewide, 20% shall be awarded to the Chicago Park
31 District, provided that the Chicago Park District complies with
32 the provisions of this Act, and 80% shall be awarded to park or
33 recreation units outside of the City of Chicago.

 

 

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1     (c) No portion of a park or recreation unit construction
2 project grant awarded by the Capital Development Board shall be
3 used by a park or recreation unit for any on-going operational
4 costs.
 
5     Section 37. Carry over projects. If a park or recreation
6 unit has been determined eligible for a park or recreation unit
7 construction project, has arranged and approved all local
8 financing, and is eligible to receive a park or recreation unit
9 construction project grant award in any fiscal year, but does
10 not receive such award in that year due to lack of adequate
11 appropriations, those park or recreation unit construction
12 projects shall continue to be considered for grant awards for
13 the following fiscal year.
 
14     Section 40. Supervision of park or recreation unit
15 construction projects. The Capital Development Board shall
16 exercise general supervision over park or recreation unit
17 construction projects financed pursuant to this Act. Park or
18 recreation units, however, must be allowed to choose the
19 architect and engineer for their park or recreation unit
20 construction projects, and no project may be disapproved by the
21 Department or the Capital Development Board solely due to a
22 park or recreation unit's selection of an architect or
23 engineer.
 
24     Section 50. Referendum requirements. After the Department
25 has approved all or part of a park or recreation unit's
26 application and made a determination of eligibility for a park
27 or recreation unit construction project grant, the park or
28 recreation unit shall submit the project or the financing of
29 the project to a referendum when the referendum is required by
30 law.
 

 

 

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1     Section 55. Rules.
2     (a) The Capital Development Board shall promulgate such
3 rules as it deems necessary for carrying out its
4 responsibilities under the provisions of this Act.
5     (b) The Department shall promulgate such rules as it deems
6 necessary for carrying out its responsibilities under the
7 provisions of this Act.
 
8     Section 60. Capital needs assessment. The Department and
9 the Capital Development Board shall file with the General
10 Assembly a comprehensive assessment report of the capital needs
11 of all park or recreation units in this State before January 1,
12 2006 and every 2 years thereafter. This assessment shall
13 include, without limitation, an analysis of the 5 categories of
14 capital needs prioritized in Section 5-30 of this Act.
 
15     Section 900. The State Finance Act is amended by adding
16 Section 5.640 as follows:
 
17     (30 ILCS 105/5.640 new)
18     Sec. 5.640. The Park and Recreational Facility
19 Construction Fund. ".