Full Text of HB3760 94th General Assembly
HB3760eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning parks and recreation.
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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 Park | 5 |
| and Recreational Facility Construction Act . | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Department" means the Department of Natural Resources. | 8 |
| "Grant index" means a figure for each park or recreation | 9 |
| unit equal to one minus the
ratio of the park or recreation | 10 |
| unit's equalized assessed valuation per capita to the equalized | 11 |
| assessed valuation per capita of the park or recreation unit | 12 |
| located at the 90th percentile for all park or recreation units | 13 |
| in the State. The grant index shall be no less than 0.35 and no | 14 |
| greater than
0.75 for each park or recreation unit; provided | 15 |
| that the grant index for park or recreation units whose
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| equalized assessed valuation per capita is at the
99th | 17 |
| percentile and above for all park or recreation units in the | 18 |
| State shall be 0.00. | 19 |
| "Park or recreation unit" means the governmental unit of | 20 |
| any public park, park district, park and recreation district, | 21 |
| recreational facility, or recreation system established under | 22 |
| the Park District Code, the Chicago Park District Act, the | 23 |
| Metro-East Park and Recreation District Act, or the Illinois | 24 |
| Municipal Code.
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| "Park or recreation unit construction project" means the | 26 |
| acquisition, development,
construction, reconstruction, | 27 |
| rehabilitation, improvement, architectural
planning, | 28 |
| installation, maintenance, and upkeep of (i) capital | 29 |
| facilities consisting of buildings,
structures, durable | 30 |
| equipment, and land for park or recreation purposes and (ii) | 31 |
| open spaces and natural areas, as those terms are defined in | 32 |
| Section 10 of the Illinois Open Land Trust Act.
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| Section 10. Grant awards. The Capital Development Board is | 2 |
| authorized to
make grants to park or recreation units for park | 3 |
| or recreation unit construction projects with funds
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| appropriated by the General
Assembly from the Park and | 5 |
| Recreational Facility Construction Fund pursuant to the | 6 |
| provisions of this
Act. | 7 |
| Section 15. Grants. The Department is authorized
to | 8 |
| determine grant eligibility for park or recreation unit | 9 |
| construction projects and shall determine the priority order | 10 |
| for park or recreation unit construction project grants
to be | 11 |
| made by the Capital Development Board.
When grant eligibility | 12 |
| has been determined for a park or recreation unit construction | 13 |
| project, the
Capital Development Board shall notify the
park or | 14 |
| recreation unit of the dollar amount of the park or recreation | 15 |
| unit construction
project's cost that the park or recreation | 16 |
| unit will be required to finance with non-grant
funds in order | 17 |
| to qualify to receive a park or recreation unit construction | 18 |
| project grant under
this Act from the Capital Development | 19 |
| Board. The Department shall thereafter determine whether a | 20 |
| grant shall be made. | 21 |
| Section 20. Grant application; facilities plan. Park or | 22 |
| recreation units
shall apply to the Department for park or | 23 |
| recreation unit construction project
grants. Park or | 24 |
| recreation units filing grant applications shall
submit to the | 25 |
| Department a facilities plan that shall include,
but not be | 26 |
| limited to, an assessment of present and future park or | 27 |
| recreation facility
needs as required by present and | 28 |
| anticipated park or recreational programming, the
availability | 29 |
| of local financial resources
including current revenues, fund | 30 |
| balances, and unused bonding capacity, a
fiscal plan for | 31 |
| meeting present and anticipated debt service obligations, and a
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| maintenance plan and schedule that contain necessary | 33 |
| assurances that new,
renovated, and existing facilities are |
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| being or will be properly maintained.
The Department shall | 2 |
| review and approve park or recreation unit facilities plans
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| prior to determining eligibility and authorizing grants. Each | 4 |
| park or recreation unit that is determined to be eligible shall | 5 |
| annually update its facilities plan and submit the
revised plan | 6 |
| to the
Department for approval. | 7 |
| Section 25. Eligibility and project standards. | 8 |
| (a) The Department shall establish eligibility standards | 9 |
| for
park or recreation unit construction project grants and | 10 |
| approve a park or recreation unit's eligibility for a park or | 11 |
| recreation unit
construction project grant pursuant to the | 12 |
| established
standards. These standards shall include minimum | 13 |
| service population requirements for park or recreation unit | 14 |
| construction project grants. | 15 |
| (b) The Capital Development Board shall establish
project | 16 |
| standards for all park or recreation unit construction project | 17 |
| grants provided pursuant
to this Act. These standards shall | 18 |
| include the determination of recognized project costs that | 19 |
| shall be eligible
for State financial assistance and enrichment | 20 |
| costs that shall not be eligible
for State financial | 21 |
| assistance. | 22 |
| Section 30. Priority of construction projects. The | 23 |
| Department shall develop standards for the determination of | 24 |
| priority needs
concerning park or recreation unit construction | 25 |
| projects based upon approved facilities
plans. These standards | 26 |
| shall call for prioritization based on
the degree of need and | 27 |
| project type in the following order: | 28 |
| (1) Replacement or reconstruction of park or | 29 |
| recreation unit facilities destroyed or damaged
by flood, | 30 |
| tornado, fire, earthquake, or other disasters, either | 31 |
| man-made or
produced by nature;
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| (2) Projects designed to address
population growth or | 33 |
| to replace aging park or recreation unit facilities;
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| (3) Replacement or reconstruction of park or |
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| recreation unit
facilities determined to be severe and | 2 |
| continuing health or life safety
hazards;
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| (4) Alterations necessary to provide accessibility for | 4 |
| qualified individuals
with disabilities; and | 5 |
| (5) Other unique solutions to facility needs.
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| Section 35. Grant amounts; permitted
use; prohibited use. | 7 |
| (a) The product of the park or recreation unit's grant | 8 |
| index and the
recognized project cost, as determined by the | 9 |
| Capital Development Board, for an
approved park or recreation | 10 |
| unit construction project shall equal the amount of the grant | 11 |
| the
Capital Development Board shall provide to the eligible | 12 |
| park or recreation unit. The grant
index shall not be used in | 13 |
| cases where the General Assembly and the Governor
approve | 14 |
| appropriations designated for specifically identified park or | 15 |
| recreation unit
construction projects.
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| (b) In each fiscal year in which park or recreation unit | 17 |
| construction project grants are
awarded, of the total amount | 18 |
| awarded statewide, 20% shall be awarded to the Chicago Park | 19 |
| District, provided that the Chicago Park District complies
with | 20 |
| the provisions of this Act, and 80% shall be awarded to park or | 21 |
| recreation units outside of the City of Chicago.
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| (c) No portion of a park or recreation unit construction | 23 |
| project grant awarded by the
Capital Development Board shall be | 24 |
| used by a park or recreation unit for any
on-going operational | 25 |
| costs.
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| Section 37. Carry over projects. If a park or recreation | 27 |
| unit has been determined eligible for a park or recreation unit | 28 |
| construction project, has arranged and approved
all local | 29 |
| financing, and is eligible to receive a park or recreation unit | 30 |
| construction project
grant award in any fiscal year, but does | 31 |
| not receive such award in that year
due to lack of adequate | 32 |
| appropriations, those park or recreation unit construction | 33 |
| projects shall
continue to be considered for grant awards
for | 34 |
| the following fiscal year. |
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| Section 40. Supervision of park or recreation unit | 2 |
| construction projects. The Capital
Development Board shall | 3 |
| exercise general supervision over park or recreation unit | 4 |
| construction
projects financed pursuant to this Act. Park or | 5 |
| recreation units, however, must be allowed to choose the | 6 |
| architect and engineer for their park or recreation unit | 7 |
| construction projects, and no project may be disapproved by the | 8 |
| Department or the Capital Development Board solely due to a | 9 |
| park or recreation unit's selection of an architect or | 10 |
| engineer. | 11 |
| Section 50. Referendum requirements. After the Department
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| has approved all or part of a park or recreation unit's | 13 |
| application and made a determination of eligibility for a park | 14 |
| or recreation unit construction project grant, the park or | 15 |
| recreation unit shall submit
the project or the financing of | 16 |
| the project to a referendum when the
referendum is required by | 17 |
| law. | 18 |
| Section 55. Rules. | 19 |
| (a) The Capital Development Board shall promulgate such | 20 |
| rules as it deems
necessary for carrying out its | 21 |
| responsibilities under the provisions of this
Act.
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| (b) The Department shall promulgate such rules as it deems
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| necessary for carrying out its responsibilities under the | 24 |
| provisions of this
Act.
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| Section 60. Capital needs assessment. The Department and | 26 |
| the Capital Development Board shall file with the General
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| Assembly a comprehensive assessment report of the capital needs | 28 |
| of all
park or recreation units in this State before January 1, | 29 |
| 2006
and every 2 years thereafter. This assessment shall | 30 |
| include, without
limitation, an analysis of the 5 categories of | 31 |
| capital needs prioritized in
Section 5-30 of this Act. |
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| Section 900. The State Finance Act is amended by adding | 2 |
| Section
5.640 as follows:
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| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Park and Recreational Facility | 5 |
| Construction Fund.
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