Illinois General Assembly - Full Text of HB3761
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Full Text of HB3761  94th General Assembly



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1     AN ACT concerning public libraries.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     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.
29     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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1 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
12 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
27 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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1     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
5 construction project grant pursuant to the established
6 standards. These standards shall include minimum service
7 population requirements for construction project grants.
8     (b) The Capital Development Board shall establish project
9 standards for all public library construction project grants
10 provided pursuant to this Act. These standards shall include
11 the determination of recognized project costs that shall be
12 eligible for State financial assistance and enrichment costs
13 that shall not be eligible for State financial assistance.
14     Section 30. Priority of public library construction
15 projects. The Secretary of State shall develop standards for
16 the determination of priority needs concerning public library
17 construction projects based upon approved public library
18 facilities plans. These standards shall call for
19 prioritization based on the degree of need and project type in
20 the following order:
21         (1) Replacement or reconstruction of public library
22     facilities destroyed or damaged by flood, tornado, fire,
23     earthquake, or other disasters, either man-made or
24     produced by nature;
25         (2) Projects designed to address population growth or
26     to replace aging public library facilities;
27         (3) Replacement or reconstruction of public library
28     facilities determined to be severe and continuing health or
29     life safety hazards;
30         (4) Alterations necessary to provide accessibility for
31     qualified individuals with disabilities; and
32         (5) Other unique solutions to facility needs.
33     Section 35. Public library construction project grant



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1 amounts; permitted use; prohibited use.
2     (a) The product of the public library's grant index and the
3 recognized project cost, as determined by the Capital
4 Development Board, for an approved public library construction
5 project shall equal the amount of the grant the Capital
6 Development Board shall provide to the eligible public library.
7 The grant index shall not be used in cases where the General
8 Assembly and the Governor approve appropriations designated
9 for specifically identified public library construction
10 projects.
11     (b) In each fiscal year in which public library
12 construction project grants are awarded, of the total amount
13 awarded statewide, 20% shall be awarded to the Chicago Public
14 Library System, provided that the Chicago Public Library System
15 complies with the provisions of this Act, and 80% shall be
16 awarded to public libraries outside of the City of Chicago.
17     (c) No portion of a public library construction project
18 grant awarded by the Capital Development Board shall be used by
19 a public library for any on-going operational costs.
20     Section 37. Carry over projects. If a public library has
21 been determined eligible for a public library construction
22 project, has arranged and approved all local financing, and is
23 eligible to receive a public library construction project grant
24 award in any fiscal year, but does not receive such award in
25 that year due to lack of adequate appropriations, those public
26 library construction projects shall continue to be considered
27 for grant awards for the following fiscal year.
28     Section 40. Supervision of public library construction
29 projects. The Capital Development Board shall exercise general
30 supervision over public library construction projects financed
31 pursuant to this Act. Public libraries, however, must be
32 allowed to choose the architect and engineer for their public
33 library construction projects, and no project may be
34 disapproved by the Secretary of State or the Capital



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1 Development Board solely due to a public library's selection of
2 an architect or engineer.
3     Section 50. Referendum requirements. After the Secretary
4 of State has approved all or part of a public library's
5 application and made a determination of eligibility for a
6 public library construction project grant, the governing body
7 of the public library shall submit the project or the financing
8 of the project to a referendum when the referendum is required
9 by law.
10     Section 55. Rules.
11     (a) The Capital Development Board shall promulgate such
12 rules as it deems necessary for carrying out its
13 responsibilities under the provisions of this Act.
14     (b) The Secretary of State shall promulgate such rules as
15 it deems necessary for carrying out its responsibilities under
16 the provisions of this Act.
17     Section 60. Public library capital needs assessment. The
18 Secretary of State and the Capital Development Board shall file
19 with the General Assembly a comprehensive assessment report of
20 the capital needs of all public libraries in this State before
21 January 1, 2006 and every 2 years thereafter. This assessment
22 shall include, without limitation, an analysis of the 5
23 categories of capital needs prioritized in Section 5-30 of this
24 Act.
25     Section 900. The State Finance Act is amended by adding
26 Section 5.640 as follows:
27     (30 ILCS 105/5.640 new)
28     Sec. 5.640. The Public Library Construction Fund.