093_HB2527eng

 
HB2527 Engrossed                     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
31    this Act.  Such organization may also include, subject to the
 
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 1    provisions   of   this   Act,  libraries  other  than  public
 2    libraries. A  library  system  may  consist  of  any  of  the
 3    following:
 4        a)  A  cooperative  public  library system in which 10 or
 5    more public libraries  enter  into  a  written  agreement  to
 6    provide any or all library services on a cooperative basis.
 7        b)  A public library system consisting of a single public
 8    library serving a city of over 500,000 population.
 9        c)  A  multitype  library  system in which (1) 10 or more
10    public libraries and in addition other types of libraries, or
11    (2) a single public library and in addition  other  types  of
12    libraries  serving  a  city of over 500,000 population, enter
13    into an agreement to provide any or all library services on a
14    cooperative basis.
15    (Source: P.A. 83-411.)

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

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

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

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

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

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