HB3761 94TH GENERAL ASSEMBLY

LRB094 08668 MKM 42452 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3761

Introduced 2/25/2005, by Rep. Michael J. Madigan - Gary Hannig

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.640 new

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public libraries.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Public Library Construction Act.

Section 5. Definitions. As used in this Act:

"Grant index" means a figure for each public library equal to one minus the ratio of the public library's equalized assessed valuation per capita to the equalized assessed valuation per capita of the public library located at the 90th percentile for all public libraries in the State. The grant index shall be no less than 0.35 and no greater than 0.75 for each public library; provided that the grant index for public libraries whose equalized assessed valuation per capita is at the 99th percentile and above for all public libraries in the State shall be 0.00.

"Public library" means the governmental unit of any free and public library (i) established under the Illinois Local Library Act, the Public Library District Act of 1991, the Illinois Library System Act, or the Village Library Act or (ii) maintained and operated by a unit of local government. "Public library" does not include any private library.

"Public library construction project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, installation, maintenance, and upkeep of capital facilities consisting of buildings, structures, durable equipment, and land for public library purposes.

Section 10. Grant awards. The Capital Development Board is authorized to make grants to public libraries for public library construction projects with funds appropriated by the General Assembly from the Public Library Construction Fund pursuant to the provisions of this Act.

Section 15. Grants. The Secretary of State is authorized to determine grant eligibility for public library construction projects and shall determine the priority order for public library construction project grants to be made by the Capital Development Board. When a grant eligibility has been determined for a public library construction project, the Capital Development Board shall notify the public library of the dollar amount of the public library construction project's cost that the public library will be required to finance with non-grant funds in order to qualify to receive a public library construction project grant under this Act from the Capital Development Board. The Secretary of State shall thereafter determine whether a grant shall be made.

Section 20. Grant application; public library facilities plan. Public libraries shall apply to the Secretary of State for public library construction project grants. Public libraries filing grant applications shall submit to the Secretary of State a public library facilities plan that shall include, but not be limited to, an assessment of present and future public library facility needs as required by present and anticipated public library programming, the availability of local financial resources including current revenues, fund balances, and unused bonding capacity, a fiscal plan for meeting present and anticipated debt service obligations, and a maintenance plan and schedule that contain necessary assurances that new, renovated, and existing facilities are being or will be properly maintained. The Secretary of State shall review and approve public library facilities plans prior to determining eligibility and authorizing grants. Each public library that is determined to be eligible shall annually update its public library facilities plan and submit the revised plan to the Secretary of State for approval.

Section 25. Eligibility and project standards.

(a) The Secretary of State shall establish eligibility standards for public library construction project grants and approve a public library's eligibility for a public library construction project grant pursuant to the established standards. These standards shall include minimum service population requirements for construction project grants. The Secretary of State shall approve a public library's eligibility for a construction project grant and the Chicago Public Library System's eligibility for a debt service grant or lease grant pursuant to the established standards.

(b) The Capital Development Board shall establish project standards for all public library construction project grants provided pursuant to this Act. These standards shall include the determination of recognized project costs that shall be eligible for State financial assistance and enrichment costs that shall not be eligible for State financial assistance.

(c) The Secretary of State and the Capital Development Board shall not establish standards that disapprove or otherwise establish limitations that restrict the eligibility of the Chicago Public Library System for a public library construction project grant based on the fact that any or all of the public library construction project grant will be used to make lease payments, as authorized by subsection (b) of Section 35 of this Act.

Section 30. Priority of public library construction projects. The Secretary of State shall develop standards for the determination of priority needs concerning public library construction projects based upon approved public library facilities plans. These standards shall call for prioritization based on the degree of need and project type in the following order:

(1) Replacement or reconstruction of public library facilities destroyed or damaged by flood, tornado, fire, earthquake, or other disasters, either man-made or produced by nature;

(2) Replacement or reconstruction of public library facilities determined to be severe and continuing health or life safety hazards;

(3) Alterations necessary to provide accessibility for qualified individuals with disabilities; and

(4) Projects designed to address population growth or to replace aging public library facilities; and

(5) Other unique solutions to facility needs.

Section 35. Public library construction project grant amounts; permitted use; prohibited use.

(a) The product of the public library's grant index and the recognized project cost, as determined by the Capital Development Board, for an approved public library construction project shall equal the amount of the grant the Capital Development Board shall provide to the eligible public library. The grant index shall not be used in cases where the General Assembly and the Governor approve appropriations designated for specifically identified public library construction projects.

(b) In each fiscal year in which public library construction project grants are awarded, 20% of the total amount awarded statewide shall be awarded to the Chicago Public Library System, provided that the Chicago Public Library System complies with the provisions of this Act.

In addition to the uses otherwise authorized by this Act, the Chicago Public Library System is authorized to use any or all of the public library construction project grants (i) to pay debt service, as defined in the Local Government Debt Reform Act, on bonds, as defined in the Local Government Debt Reform Act, issued to finance one or more public library construction projects and (ii) to the extent that any such bond is a lease or other installment or financing contract between the public library and a public building commission that has issued bonds to finance one or more qualifying library construction projects, to make lease payments under the lease.

(c) No portion of a public library construction project grant awarded by the Capital Development Board shall be used by a public library for any on-going operational costs.

Section 37. Carry over projects. If a public library has been determined eligible for a public library construction project, has arranged and approved all local financing, and is eligible to receive a public library construction project grant award in any fiscal year, but does not receive such award in that year due to lack of adequate appropriations, those public library construction projects shall continue to be considered for grant awards for the following fiscal year.

Section 40. Supervision of public library construction projects. The Capital Development Board shall exercise general supervision over public library construction projects financed pursuant to this Act. Public libraries, however, must be allowed to choose the architect and engineer for their public library construction projects, and no project may be disapproved by the Secretary of State or the Capital Development Board solely due to a public library's selection of an architect or engineer.

Section 50. Referendum requirements. After the Secretary of State has approved all or part of a public library's application and made a determination of eligibility for a public library construction project grant, the governing body of the public library shall submit the project or the financing of the project to a referendum when the referendum is required by law.

Section 55. Rules.

(a) The Capital Development Board shall promulgate such rules as it deems necessary for carrying out its responsibilities under the provisions of this Act.

(b) The Secretary of State shall promulgate such rules as it deems necessary for carrying out its responsibilities under the provisions of this Act.

Section 60. Public library capital needs assessment. The Secretary of State and the Capital Development Board shall file with the General Assembly a comprehensive assessment report of the capital needs of all public libraries in this State before January 1, 2006 and every 2 years thereafter. This assessment shall include, without limitation, an analysis of the 6 categories of capital needs prioritized in Section 5-30 of this Act.

Section 900. The State Finance Act is amended by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Public Library Construction Fund.