Full Text of HB3761 94th General Assembly
HB3761 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3761
Introduced 2/25/2005, by Rep. Michael J. Madigan - Gary Hannig SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 105/5.640 new |
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Creates the Public Library Construction Act. Authorizes the Secretary of State to determine eligibility for and authorizes the Capitol Development Board (CDB) to make grants to public libraries for public library construction projects. Establishes an application procedure. Requires the Secretary of State to establish eligibility standards and priority standards for public library construction grants. Requires CDB to establish project standards for public library construction grants and to generally supervise public library construction projects. Requires a public library to submit the construction project or its financing to a referendum if required by law. Provides that the Chicago Public Library System may use public library construction grants for payment of debt service or a lease. Provides that public libraries eligible for but not awarded grants in a fiscal year shall continue to be considered in the next fiscal year. Authorizes CDB and the Secretary of State to promulgate rules concerning public library construction grants. Requires the Secretary of State and CDB to file with the General Assembly a comprehensive report of the capital needs of all public libraries in this State before January 1, 2006 and every 2 years thereafter. Amends the State Finance Act to create the Public Library Construction Fund.
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A BILL FOR
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HB3761 |
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LRB094 08668 MKM 42452 b |
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| AN ACT concerning public libraries.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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.
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| 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 |
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HB3761 |
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LRB094 08668 MKM 42452 b |
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| 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
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| 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
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| 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. |
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HB3761 |
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| 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
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| construction project grant pursuant to the established
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| standards. These standards shall include minimum service | 7 |
| population requirements for construction project grants. The | 8 |
| Secretary of State shall approve a public library's eligibility | 9 |
| for a construction project grant and the Chicago Public Library | 10 |
| System's eligibility for a debt service grant or lease grant | 11 |
| pursuant to the established standards. | 12 |
| (b) The Capital Development Board shall establish
project | 13 |
| standards for all public library construction project grants | 14 |
| provided pursuant
to this Act. These standards shall include | 15 |
| the determination of recognized project costs that shall be | 16 |
| eligible
for State financial assistance and enrichment costs | 17 |
| that shall not be eligible
for State financial assistance. | 18 |
| (c) The Secretary of State and the Capital Development | 19 |
| Board shall
not establish standards that disapprove or | 20 |
| otherwise establish limitations
that restrict the eligibility | 21 |
| of the Chicago Public Library System for a public library | 22 |
| construction project grant based on the fact that any or
all of | 23 |
| the public library construction project grant will be used to | 24 |
| make lease payments, as authorized by subsection (b) of Section | 25 |
| 35 of
this Act. | 26 |
| Section 30. Priority of public library construction | 27 |
| projects. The Secretary of State shall develop standards for | 28 |
| the determination of priority needs
concerning public library | 29 |
| construction projects based upon approved public library | 30 |
| facilities
plans. These standards shall call for | 31 |
| prioritization based on
the degree of need and project type in | 32 |
| the following order: | 33 |
| (1) Replacement or reconstruction of public library | 34 |
| facilities destroyed or damaged
by flood, tornado, fire, |
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LRB094 08668 MKM 42452 b |
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| earthquake, or other disasters, either man-made or
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| produced by nature;
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| (2) Replacement or reconstruction of public library
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| facilities determined to be severe and continuing health or | 5 |
| life safety
hazards;
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| (3) Alterations necessary to provide accessibility for | 7 |
| qualified individuals
with disabilities; and
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| (4) Projects designed to address
population growth or | 9 |
| to replace aging public library facilities; and | 10 |
| (5) Other unique solutions to facility needs.
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| Section 35. Public library construction project grant | 12 |
| amounts; permitted
use; prohibited use. | 13 |
| (a) The product of the public library's grant index and the
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| recognized project cost, as determined by the Capital | 15 |
| Development Board, for an
approved public library construction | 16 |
| project shall equal the amount of the grant the
Capital | 17 |
| Development Board shall provide to the eligible public library. | 18 |
| The grant
index shall not be used in cases where the General | 19 |
| Assembly and the Governor
approve appropriations designated | 20 |
| for specifically identified public library
construction | 21 |
| projects.
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| (b) In each fiscal year in which public library | 23 |
| construction project grants are
awarded, 20% of the total | 24 |
| amount awarded statewide shall be awarded to the Chicago Public | 25 |
| Library System, provided that the Chicago Public Library System | 26 |
| complies
with the provisions of this Act.
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| In addition to the uses otherwise authorized by this Act, | 28 |
| the Chicago Public Library System is authorized to use any or | 29 |
| all
of the public library construction project grants (i) to | 30 |
| pay debt service, as defined
in the Local Government Debt | 31 |
| Reform Act, on bonds, as defined in the Local
Government Debt | 32 |
| Reform Act, issued to finance one or more public library | 33 |
| construction
projects and (ii) to the extent that any such bond | 34 |
| is a lease or other
installment or financing contract between | 35 |
| the public library and a public
building commission that has |
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HB3761 |
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| issued bonds to finance one or more qualifying
library | 2 |
| construction projects, to make lease payments under the lease.
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| (c) No portion of a public library construction project | 4 |
| grant awarded by the
Capital Development Board shall be used by | 5 |
| a public library for any
on-going operational costs.
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| Section 37. Carry over projects. If a public library has | 7 |
| been determined eligible for a public library construction | 8 |
| project, has arranged and approved
all local financing, and is | 9 |
| eligible to receive a public library construction project
grant | 10 |
| award in any fiscal year, but does not receive such award in | 11 |
| that year
due to lack of adequate appropriations, those public | 12 |
| library construction projects shall
continue to be considered | 13 |
| for grant awards
for the following fiscal year. | 14 |
| Section 40. Supervision of public library construction | 15 |
| projects. The Capital
Development Board shall exercise general | 16 |
| supervision over public library construction
projects financed | 17 |
| pursuant to this Act. Public libraries, however, must be | 18 |
| allowed to choose the architect and engineer for their public | 19 |
| library construction projects, and no project may be | 20 |
| disapproved by the Secretary of State or the Capital | 21 |
| Development Board solely due to a public library's selection of | 22 |
| an architect or engineer. | 23 |
| Section 50. Referendum requirements. After the Secretary | 24 |
| of State
has approved all or part of a public library's | 25 |
| application and made a determination of eligibility for a | 26 |
| public library construction project grant, the governing body | 27 |
| of the public library shall submit
the project or the financing | 28 |
| of the project to a referendum when the
referendum is required | 29 |
| by law. | 30 |
| Section 55. Rules. | 31 |
| (a) The Capital Development Board shall promulgate such | 32 |
| rules as it deems
necessary for carrying out its |
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HB3761 |
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LRB094 08668 MKM 42452 b |
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| responsibilities under the provisions of this
Act.
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| (b) The Secretary of State shall promulgate such rules as | 3 |
| it deems
necessary for carrying out its responsibilities under | 4 |
| the provisions of this
Act.
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| Section 60. Public library capital needs assessment. The | 6 |
| Secretary of State and the Capital Development Board shall file | 7 |
| with the General
Assembly a comprehensive assessment report of | 8 |
| the capital needs of all
public libraries in this State before | 9 |
| January 1, 2006
and every 2 years thereafter. This assessment | 10 |
| shall include, without
limitation, an analysis of the 6 | 11 |
| categories of capital needs prioritized in
Section 5-30 of this | 12 |
| Act. | 13 |
| Section 900. The State Finance Act is amended by adding | 14 |
| Section
5.640 as follows:
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| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Public Library Construction Fund.
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