093_HB2527

 
                                     LRB093 03487 JAM 11088 b

 1        AN ACT concerning libraries.

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

 4        Section 5.  The Illinois Library System Act is amended by
 5    changing Sections 2, 4, 5, 6, 8, and 8.1 as follows:

 6        (75 ILCS 10/2) (from Ch. 81, par. 112)

 7        Sec. 2.  Definitions. As used in this Act:
 8        "Library system" means any one of the following:
 9             (1)  A   multitype  library  system  serving  (i)  a
10        minimum of 150,000 inhabitants or (ii)  an  area  of  not
11        less  than 4,000 square miles and serving a minimum 10 or
12        more public libraries, elementary  and  secondary  school
13        libraries,  institutions  of  higher education libraries,
14        and special libraries.
15             (2)  A public library system consisting of a  single
16        public library serving a city of over 500,000 population.
17             (3)  A multitype library system that serves the same
18        territory  as  a library system under subparagraph (2) of
19        this definition that provides service to  elementary  and
20        secondary   school   libraries,  institutions  of  higher
21        education libraries, and special libraries.
22        "Special  library"  includes,  but  is  not  limited  to,
23    libraries with unique  collections  or  specialized  services
24    recognized by the State Library.
25        The  term  "library  system" as used in this Act means an
26    organization of one or more  tax-supported  public  libraries
27    serving  a  minimum  of 150,000 inhabitants or an area of not
28    less than 4,000 square miles, or of a single  public  library
29    serving a city of over 500,000 population, which organization
30    is or has been created as a library system in accordance with
 
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 1    this Act.  Such organization may also include, subject to the
 2    provisions   of   this   Act,  libraries  other  than  public
 3    libraries. A  library  system  may  consist  of  any  of  the
 4    following:
 5        a)  A  cooperative  public  library system in which 10 or
 6    more public libraries  enter  into  a  written  agreement  to
 7    provide any or all library services on a cooperative basis.
 8        b)  A public library system consisting of a single public
 9    library serving a city of over 500,000 population.
10        c)  A  multitype  library  system in which (1) 10 or more
11    public libraries and in addition other types of libraries, or
12    (2) a single public library and in addition  other  types  of
13    libraries  serving  a  city of over 500,000 population, enter
14    into an agreement to provide any or all library services on a
15    cooperative basis.
16    (Source: P.A. 83-411.)

17        (75 ILCS 10/4) (from Ch. 81, par. 114)
18        Sec. 4. (a)  A cooperative public  library  system  or  a
19    public  library  system shall be established in the following
20    manner: The formation of a  library  system  of  10  or  more
21    public  libraries  or  of  a public library serving a city of
22    over 500,000 population shall first be approved by the boards
23    of  directors  of  the  participating   public   library   or
24    libraries,  followed  by the election or selection of a board
25    of directors for the library system as provided in Sections 5
26    and 6 of this Act. Subject to  rules  adopted  by  the  State
27    Librarian,  an application for the formation of a cooperative
28    public library system or a public library system  shall  then
29    be  submitted  by the board of directors of the system to the
30    State Librarian, together with a plan of  service  describing
31    the  specific purposes for which the system is formed and the
32    means by which such purposes are to be  accomplished.  If  it
33    shall  appear to the satisfaction of the State Librarian that
 
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 1    the establishment of a cooperative public library system or a
 2    public  library  system  will  result  in  improved   library
 3    service, he shall approve the application.
 4        The  conversion of a cooperative public library system or
 5    a public library system to a multitype library  system  shall
 6    be  accomplished  in the following manner: when a majority of
 7    the board of directors of a cooperative public library system
 8    or a public library system approves conversion to a multitype
 9    library system, and when that action has been approved  by  a
10    majority  of  the  boards  of  the public library members and
11    those public libraries represent a majority of the population
12    served by the public library members,  the  system  board  of
13    directors shall submit an application to the State Librarian.
14    The  application  shall  include  the proposed bylaws for the
15    multitype  system  and  a  plan  of  service  describing  the
16    specific purposes to be accomplished by the multitype system.
17    If it shall appear to the satisfaction of the State Librarian
18    that the conversion of a cooperative public library system or
19    a public library  system  will  result  in  improved  library
20    service,  he  shall  approve  the application.  The effective
21    date of the multitype library system shall be the date of the
22    approval of the appropriation  for  the  fiscal  year,  which
23    funding  for  the  newly approved system has been included as
24    provided in Section 8 of this  Act.   Upon  conversion  of  a
25    cooperative  public library system or a public library system
26    to  a  multitype  library  system,  the  boundaries  of   the
27    multitype  system  shall  be  the  same  as  the  preexisting
28    cooperative  public  library system or public library system.
29    The State Librarian shall provide that all areas of the State
30    fall within the boundaries of a library  system.   The  State
31    Librarian  shall  have  the right to grant provisional status
32    for a period of not more  than  3  years  from  the  date  of
33    submission   of   the  application  for  creation  of  a  the
34    conversion of a cooperative public library system or a public
 
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 1    library system to a  multitype  library  system  if,  in  his
 2    judgment,  provisions in the bylaws or plan of service of the
 3    proposed multitype library system fail to meet  the  criteria
 4    established  in  this  Act  or  in  the rules and regulations
 5    authorized by this Act.  If the  deficiencies  noted  by  the
 6    State  Librarian  in  granting  provisional  status  are  not
 7    corrected within the 3 year period, the provisional multitype
 8    system status of the system shall be rescinded and the assets
 9    of  the  provisional  multitype system shall be liquidated as
10    provided for in Section 13 or the  provisional  system  shall
11    submit  a  plan  for consolidation with an adjoining existing
12    system  revert   to   the   preexisting   and   reestablished
13    cooperative  public  library system or public library system.
14    In such case the State  Librarian  shall  assume  fiscal  and
15    administrative  responsibility  for  maintenance  of services
16    until  a  library  system  status  is  reestablished   or   a
17    determination  is  made by the State Librarian as to the most
18    efficient means of delivering service to the libraries of the
19    system.
20        Upon the determination of the State Librarian  that:  (i)
21    an   existing   system   has  failed  to  meet  the  criteria
22    established by this Act or the rules authorized by this  Act;
23    (ii)  conditions  exist to merit the consolidation of library
24    systems; or (iii) an alternative means of delivering  library
25    service to the libraries of the territory of a library system
26    is  feasible,  the  State  Librarian  may  assume  fiscal and
27    administrative responsibility of the library system, upon due
28    notice and public hearings as prescribed by rule.
29        (b)  A   multitype   library   system   as   defined   in
30    subparagraph (3) of the definition  of  "library  system"  in
31    Section   2  that,  prior  to  the  effective  date  of  this
32    amendatory Act of the 93rd General  Assembly,  was  organized
33    and  provided  service  as  a  multitype  library system that
34    served a public library  in  a  city  with  a  population  of
 
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 1    500,000  or  more  need not reorganize for formation as a new
 2    library system but  may,  at  the  discretion  of  the  State
 3    Librarian, continue as a library system subject to conditions
 4    and  restrictions  of  this  Act  and any stipulations of the
 5    State Librarian.
 6    (Source: P.A. 83-411.)

 7        (75 ILCS 10/5) (from Ch. 81, par. 115)
 8        Sec.  5.   Each  cooperative  public  library  system  or
 9    multitype  library  system  created  by   conversion   of   a
10    cooperative public library system as provided in Section 4 of
11    this  Act shall be governed by a board of directors numbering
12    at least 5 and no more than 15 persons, except as required by
13    Section 6 for library systems in cities with a population  of
14    500,000  or  more.  In cooperative public library systems the
15    members shall be  elected  or  selected  from  the  governing
16    boards  of  the  participating public libraries. In multitype
17    library systems The board  shall  be  representative  of  the
18    variety  of  library  interests in the system, and at least a
19    majority shall be elected  or  selected  from  the  governing
20    boards of the member public libraries, with not more than one
21    director  representing  a  single member library. For library
22    systems as defined in subparagraph (3) of the  definition  of
23    "library  system"  in  Section  2, the board members shall be
24    representative of the types of libraries that library  system
25    serves.  The  number  of directors, the manner of election or
26    selection, the term of office and the provision  for  filling
27    vacancies  shall  be determined by the system governing board
28    except that all board members must be  eligible  electors  in
29    the  geographical  area  of  the  system.  No director of any
30    library system, however, shall be permitted to serve for more
31    than a total of 6 years unless 2 years have elapsed since his
32    sixth year of service.
33        The board of directors shall elect a president, secretary
 
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 1    and treasurer. Before entering upon his duties, the treasurer
 2    shall be required to give a bond in an amount to be  approved
 3    by  the  board, but in no case shall such amount be less than
 4    50% of the  system's  area  and  per  capita  grant  for  the
 5    previous  year,  conditioned that he will safely keep and pay
 6    over upon the order of such board all funds received and held
 7    by him for the library system.   The  funds  of  the  library
 8    system  shall  be  deposited  in  a  bank or savings and loan
 9    association designated by the board of directors and shall be
10    expended only under the direction of such board upon properly
11    authenticated vouchers.
12        No bank or savings and  loan  association  shall  receive
13    public  funds  as  permitted  by  this Section, unless it has
14    complied  with  the  requirements  established  pursuant   to
15    Section 6 of the Public Funds Investment Act.
16        The  members  of  the  board  of directors of the library
17    system shall serve without compensation but their actual  and
18    necessary  expenses  shall  be  a  proper  charge against the
19    library fund.
20    (Source: P.A. 91-357, eff. 7-29-99.)

21        (75 ILCS 10/6) (from Ch. 81, par. 116)
22        Sec. 6. The board and  officers  of  the  public  library
23    served  by  the library system defined in subparagraph (2) of
24    the  definition  of  "library  system"  in  Section  2  shall
25    administer that library system. That  public  library  system
26    shall annually submit a plan of service to be approved by the
27    State  Librarian.  The  plan  of  service  shall  include the
28    provision of specified services for all  types  of  libraries
29    operating  within  the  municipal  territory  of  the  system
30    subject  to  approval or revision by the State Librarian. The
31    multitype services shall be provided in consultation with the
32    multitype library system defined in subparagraph (3)  of  the
33    definition  of "library system" in Section 2 serving the same
 
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 1    municipal territory. A public library system as  provided  in
 2    paragraph  "b"  of Section 2 of this Act shall be governed by
 3    the same board and officers that govern the  existing  public
 4    library of that area. The funds received from the state shall
 5    be  expended  only  under  the  direction  of such board upon
 6    properly authenticated vouchers.  When  such  public  library
 7    system   becomes   a   multitype  library  system  under  the
 8    provisions of this Act, the board shall consist of  at  least
 9    12  and  no  more than 15 persons representing the variety of
10    library interests in the system.  The  number  of  directors,
11    the  manner  of election or selection, the term of office and
12    the provision for filling vacancies shall  be  determined  by
13    the bylaws of the multitype system.
14        The  board shall elect a president and a secretary, shall
15    designate a treasurer, and may designate such other  officers
16    as  the  board  may deem necessary.  Before entering upon his
17    duties, the treasurer shall be required to give a bond in  an
18    amount  to be approved by the board, but in no case less than
19    50% of the  system's  area  and  per  capita  grant  for  the
20    previous  year,  conditioned that he will safely keep and pay
21    over upon the order of such board all funds received and held
22    by him for the library system.   The  funds  of  the  library
23    system  shall  be deposited in a bank designated by the board
24    of directors and shall be expended only under  the  direction
25    of  such  board  upon  properly  authenticated vouchers.  The
26    members of the board shall  serve  without  compensation  but
27    their  actual and necessary expenses shall be a proper charge
28    against the library fund.
29    (Source: P.A. 83-411.)

30        (75 ILCS 10/8) (from Ch. 81, par. 118)
31        Sec. 8.  State grants.
32        (a)  There shall be a program of State grants within  the
33    limitations  of  funds  appropriated  by the Illinois General
 
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 1    Assembly together with other  funds  made  available  by  the
 2    federal  government  or  other sources for this purpose. This
 3    program of State grants shall be administered  by  the  State
 4    Librarian   in  accordance  with  rules  and  regulations  as
 5    provided in Section 3 of  this  Act  and  shall  include  the
 6    following:  (i)  annual  equalization  grants;  (ii)  Library
 7    System  grants; (iii) annual grants to Research and Reference
 8    Centers; (iv) per capita grants to public libraries; and (iv)
 9    (v) planning and construction grants to public libraries  and
10    library  systems.   Libraries,  in  order  to be eligible for
11    grants under this Section,  must  be  members  of  a  library
12    system.
13        (b)  An  annual  equalization  grant shall be made to all
14    public libraries for which the corporate authorities  levy  a
15    tax for library purposes at a rate not less than .13%  of the
16    value  of  all the taxable property as equalized and assessed
17    by the Department of Revenue if the  amount  of  tax  revenue
18    obtained  from  a  rate of .13%  produces less than $4.25 per
19    capita. In that case, the State Librarian  is  authorized  to
20    make  an  equalization  grant  equivalent  to  the difference
21    between the amount obtained from a rate of .13% and an annual
22    income of  $4.25  per  capita.  If  a  library  receiving  an
23    equalization  grant  reduces  its  tax  levy below the amount
24    levied at the time the original application is  approved,  it
25    shall be ineligible to receive further equalization grants.
26        If  a  library  is  subject to the Property Tax Extension
27    Limitation Law in the Property Tax Code and its tax levy  for
28    library  purposes  has  been  lowered  to a rate of less than
29    .13%, the library will qualify for this grant if the  library
30    levied  a  tax for library purposes that met the requirements
31    for this grant in the previous year and if the tax levied for
32    library purposes in the current year produces tax revenue for
33    the library that is an  increase  over  the  previous  year's
34    extension  of  5%  or the percentage increase in the Consumer
 
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 1    Price Index, whichever is less, and the tax revenue  produced
 2    by  this  levy  is less than $4.25 per capita.  In this case,
 3    the State Librarian is authorized  to  make  an  equalization
 4    grant  equivalent to the difference between the amount of tax
 5    revenue obtained from the current levy and an  annual  income
 6    of  $4.25 per capita.  If a library receiving an equalization
 7    grant reduces its tax levy below the  amount  levied  at  the
 8    time  the  original  application  is  approved,  it  shall be
 9    ineligible to receive further equalization grants.
10        (c)  Annual Library System grants  shall  be  made,  upon
11    application,  to  each  library  system approved by the State
12    Librarian on the following basis:
13             (0.5)  The distribution  of  annual  library  system
14        grants,  from  all  fund sources for this purpose, at the
15        rate of 90% for distribution by means  of  area  and  per
16        capita  served,  as  provided  in  paragraph  (1) of this
17        subsection.  Additionally, the  remaining  10%  of  funds
18        available  for annual library system grants shall be made
19        available   for   distribution   based   upon    approved
20        application, by the State Librarian, for the provision of
21        services   to  member  libraries  and  for  technological
22        developments.
23             (1)  For cooperative public library systems,  public
24        library systems, or multitype library systems, the sum of
25        $1.46  per  capita  of  the population of the area served
26        plus the sum  of  $50.75  per  square  mile  or  fraction
27        thereof   of  the  area  served  except  as  provided  in
28        paragraph (4) of this subsection.
29             (2)  If the amounts appropriated for grants  are  is
30        different  from  the amount provided for in paragraph (1)
31        of this subsection, the area and per capita funding shall
32        be  proportionately  reduced  or  increased  accordingly.
33        Remaining funding comprising 10% of  the  annual  library
34        systems  grants  shall  be  distributed  upon approval of
 
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 1        application for initiatives of  library  development  and
 2        technological   innovations   according   to   rules  and
 3        regulations  promulgated  by  the  State   Librarian   on
 4        criteria for awarding the grants.
 5             (3)  For multitype library systems, additional funds
 6        may   be   appropriated.    The  appropriation  shall  be
 7        distributed on the same proportional per capita  and  per
 8        square mile basis as provided in paragraphs paragraph (1)
 9        and (4) of this subsection.
10             (4)  Per  capita  and  area  funding for a multitype
11        library system as defined  in  subparagraph  (3)  of  the
12        definition  of "library system" in Section 2 and a public
13        library system in cities with a population of 500,000  or
14        more  as defined in subparagraph (2) of the definition of
15        "library system" in Section 2 shall be  apportioned  with
16        25%  of  the  funding  granted  to  the multitype library
17        system and 75% of  the  funding  granted  to  the  public
18        library system.
19        (d)  The "area served" for the purposes of this Act means
20    the  area  that  lies within the geographic boundaries of the
21    library  system  as  approved  by  the  State  Librarian.  In
22    determining the population of the area served by the  library
23    system,  the  Illinois  State  Library  shall  use the latest
24    federal census for the political  subdivisions  in  the  area
25    served.
26        (e)  In  order  to  be  eligible  for  a grant under this
27    Section, the corporate authorities, instead of a tax levy  at
28    a  particular  rate,  may  provide  from  a source other than
29    federal revenue sharing an amount equivalent  to  the  amount
30    produced by that levy.
31    (Source: P.A. 89-188, eff. 7-19-95; 90-169, eff. 7-23-97.)

32        (75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
33        Sec. 8.1.  The State Librarian shall make grants annually
 
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 1    under  this  Section to all qualified public libraries in the
 2    State from funds appropriated by the General  Assembly.  Such
 3    grants  shall  be in the amount of up to $1.25 per capita for
 4    the population of the area served by the   respective  public
 5    library  and,  in  addition,  the  amount  of up to $0.19 per
 6    capita to libraries serving populations  over  500,000  under
 7    the  Illinois  Major  Urban  Library  Program.  If the moneys
 8    appropriated  for  grants  under  this    Section   are   not
 9    sufficient  the  State  Librarian shall reduce the per capita
10    amount of the grants so that the qualifying public  libraries
11    receive the same amount per capita.
12        To  be  eligible  for grants under this Section, a public
13    library must:
14             (1)  Provide, as determined by the State  Librarian,
15        library  services    which  either  meet or show progress
16        toward meeting the Illinois library  standards,  as  most
17        recently adopted by the Illinois Library Association.
18             (2)  Be  a  public library for which is levied a tax
19        for library purposes at a rate not less than  .13%  or  a
20        county  library  for  which  is  levied a tax for library
21        purposes at a rate not less than .07%. If  a  library  is
22        subject  to  the Property Tax Extension Limitation Law in
23        the Property Tax  Code  and  its  tax  levy  for  library
24        purposes  has  been  lowered to a rate of less than .13%,
25        this requirement will be waived if the library  qualified
26        for this grant in the previous year and if the tax levied
27        for  library  purposes  in  the current year produces tax
28        revenue for library purposes that is an increase over the
29        previous  year's  extension  of  5%  or  the   percentage
30        increase in the Consumer Price Index, whichever is less.
31        Any  other  language  in  this  Section  to  the contrary
32    notwithstanding, grants under this Section 8.1 shall be  made
33    only  upon application of the public library concerned, which
34    applications shall be entirely voluntary and within the  sole
 
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 1    discretion of the public library concerned.
 2        Notwithstanding  the  first  paragraph  of  this Section,
 3    during fiscal year 1978, the  amount  of  grants  under  this
 4    Section  shall  be  $0.25 per capita, during fiscal year 1979
 5    the amount of grants under this Section shall  be  $0.50  per
 6    capita,  during  fiscal  year 1980 the amount of grants under
 7    this Section shall be $0.75 per capita,  during  fiscal  year
 8    1981  through  fiscal year 1993 the amount of grants shall be
 9    $1 per capita, and during fiscal year 1994 and thereafter the
10    amount of public library grants shall be  $1.25  per  capita,
11    and  the  amount  of  the  Major Urban Library Program grants
12    shall be $0.19 per capita.  If the  monies  appropriated  for
13    these  grants  are  not sufficient, the State Librarian shall
14    reduce the per capita amount of the grants proportionately.
15        In order to be eligible for a grant under  this  Section,
16    the  corporate  authorities,  in  lieu  of  a  tax  levy at a
17    particular rate, may provide funds  from  other  sources,  an
18    amount equivalent to the amount to be produced by that levy.
19    (Source: P.A. 90-169, eff. 7-23-97; 91-357, eff. 7-29-99.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.