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 athe
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 systemrevert 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 areis
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 paragraphsparagraph (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.