Full Text of HB3761 94th General Assembly
HB3761ham002 94TH GENERAL ASSEMBLY
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Rep. Michael J. Madigan
Filed: 5/25/2005
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LRB094 08668 MKM 47108 a |
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| AMENDMENT TO HOUSE BILL 3761
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| AMENDMENT NO. ______. Amend House Bill 3761 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Public 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, |
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| rehabilitation, improvement, architectural
planning, | 2 |
| installation, maintenance, and upkeep of capital facilities | 3 |
| consisting of buildings,
structures, durable equipment, and | 4 |
| land for public library purposes.
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| Section 10. Grant awards. The Capital Development Board is | 6 |
| authorized to
make grants to public libraries for public | 7 |
| library construction projects with funds
appropriated by the | 8 |
| General
Assembly from the Public Library Construction Fund | 9 |
| pursuant to the provisions of this
Act. | 10 |
| Section 15. Grants. The Secretary of State is authorized
to | 11 |
| determine grant eligibility for public library construction | 12 |
| projects and shall determine the priority order for public | 13 |
| library construction project grants
to be made by the Capital | 14 |
| Development Board.
When a grant eligibility has been determined | 15 |
| for a public library construction project, the
Capital | 16 |
| Development Board shall notify the
public library of the dollar | 17 |
| amount of the public library construction
project's cost that | 18 |
| 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 | 20 |
| construction project grant under
this Act from the Capital | 21 |
| Development Board. The Secretary of State shall thereafter | 22 |
| determine whether a grant shall be made. | 23 |
| Section 20. Grant application; public library facilities | 24 |
| plan. Public libraries
shall apply to the Secretary of State | 25 |
| for public library construction project
grants. Public | 26 |
| libraries filing grant applications shall
submit to the | 27 |
| Secretary of State a public library facilities plan that shall | 28 |
| include,
but not be limited to, an assessment of present and | 29 |
| future public library facility
needs as required by present and | 30 |
| anticipated public library programming, the
availability of | 31 |
| local financial resources
including current revenues, fund |
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| balances, and unused bonding capacity, a
fiscal plan for | 2 |
| meeting present and anticipated debt service obligations, and a
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| maintenance plan and schedule that contain necessary | 4 |
| assurances that new,
renovated, and existing facilities are | 5 |
| being or will be properly maintained.
The Secretary of State | 6 |
| shall review and approve public library facilities plans
prior | 7 |
| to determining eligibility and authorizing grants. Each public | 8 |
| library that is determined to be eligible shall annually update | 9 |
| its public library facilities plan and submit the
revised plan | 10 |
| to the
Secretary of State for approval. | 11 |
| Section 25. Eligibility and project standards. | 12 |
| (a) The Secretary of State shall establish eligibility | 13 |
| standards for
public library construction project grants and | 14 |
| 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 | 17 |
| population requirements for construction project grants. | 18 |
| (b) The Capital Development Board shall establish
project | 19 |
| standards for all public library construction project grants | 20 |
| provided pursuant
to this Act. These standards shall include | 21 |
| the determination of recognized project costs that shall be | 22 |
| eligible
for State financial assistance and enrichment costs | 23 |
| that shall not be eligible
for State financial assistance. | 24 |
| Section 30. Priority of public library construction | 25 |
| projects. The Secretary of State shall develop standards for | 26 |
| the determination of priority needs
concerning public library | 27 |
| construction projects based upon approved public library | 28 |
| facilities
plans. These standards shall call for | 29 |
| prioritization based on
the degree of need and project type in | 30 |
| the following order: | 31 |
| (1) Replacement or reconstruction of public library | 32 |
| facilities destroyed or damaged
by flood, tornado, fire, |
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| earthquake, or other disasters, either man-made or
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| produced by nature;
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| (2) Projects designed to address
population growth or | 4 |
| to replace aging public library facilities; | 5 |
| (3) Replacement or reconstruction of public library
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| facilities determined to be severe and continuing health or | 7 |
| life safety
hazards;
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| (4) Alterations necessary to provide accessibility for | 9 |
| qualified individuals
with disabilities; and
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| (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, of the total amount | 24 |
| awarded statewide, 20% 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, and 80% shall be | 27 |
| awarded to public libraries outside of the City of Chicago.
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| (c) No portion of a public library construction project | 29 |
| grant awarded by the
Capital Development Board shall be used by | 30 |
| a public library for any
on-going operational costs.
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| Section 37. Carry over projects. If a public library has | 32 |
| been determined eligible for a public library construction |
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| project, has arranged and approved
all local financing, and is | 2 |
| eligible to receive a public library construction project
grant | 3 |
| award in any fiscal year, but does not receive such award in | 4 |
| that year
due to lack of adequate appropriations, those public | 5 |
| library construction projects shall
continue to be considered | 6 |
| for grant awards
for the following fiscal year. | 7 |
| Section 40. Supervision of public library construction | 8 |
| projects. The Capital
Development Board shall exercise general | 9 |
| supervision over public library construction
projects financed | 10 |
| pursuant to this Act. Public libraries, however, must be | 11 |
| allowed to choose the architect and engineer for their public | 12 |
| library construction projects, and no project may be | 13 |
| disapproved by the Secretary of State or the Capital | 14 |
| Development Board solely due to a public library's selection of | 15 |
| an architect or engineer. | 16 |
| Section 50. Referendum requirements. After the Secretary | 17 |
| of State
has approved all or part of a public library's | 18 |
| application and made a determination of eligibility for a | 19 |
| public library construction project grant, the governing body | 20 |
| of the public library shall submit
the project or the financing | 21 |
| of the project to a referendum when the
referendum is required | 22 |
| by law. | 23 |
| Section 55. Rules. | 24 |
| (a) The Capital Development Board shall promulgate such | 25 |
| rules as it deems
necessary for carrying out its | 26 |
| responsibilities under the provisions of this
Act.
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| (b) The Secretary of State shall promulgate such rules as | 28 |
| it deems
necessary for carrying out its responsibilities under | 29 |
| the provisions of this
Act.
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| Section 60. Public library capital needs assessment. The |
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| Secretary of State and the Capital Development Board shall file | 2 |
| with the General
Assembly a comprehensive assessment report of | 3 |
| the capital needs of all
public libraries in this State before | 4 |
| January 1, 2006
and every 2 years thereafter. This assessment | 5 |
| shall include, without
limitation, an analysis of the 5 | 6 |
| categories of capital needs prioritized in
Section 5-30 of this | 7 |
| Act. | 8 |
| Section 900. The State Finance Act is amended by adding | 9 |
| 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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