Section 3050.10  Definitions

 

"Closest public library" means a participating public library that issues non-resident library cards that meet the conditions of Section 3050.25.  The closest public library for the non-resident shall be determined by the location of a participating public library.

 

"Commonality of community interests" means activities involving, but not limited to, education, retail, commercial, cultural, civic, health facilities, financial institutions and recreation.

 

"E-Resources" means materials in a digital format that are accessible electronically.  E-resources may be created or acquired for providing library services.  Examples include, but are not limited to, e-journals, e-books, electronic database collections, and downloadable audio or video files.

 

"Non-resident" means an individual residing in Illinois whose principal residence is not within the public library service area.

 

"Non-resident library card" means the library card purchased by an individual residing in an area not taxed for public library service from a participating public library.

 

"Participating public library" means the public library whose board of trustees authorizes the issuance of non-resident library cards.

 

"Public library" has the definition ascribed at 23 Ill. Adm. Code 3030.110.

 

"Public library service area" means the legal territory served by the public library.

 

"School district" means high school district, grade school district, or unit district.

 

"Student", for purposes of this Part, means an individual whose principal residence is not within a public library service area and who is currently enrolled in a public or private school (PK-12) or who is a homeschool student who is 18 or under and has not graduated from high school.

 

"Veteran" means an Illinois resident who has served as a member of the United States Armed Forces on active duty or State active duty, a member of the Illinois National Guard, or a member of the United States Reserve Forces who has received an honorable discharge.

 

(Source:  Amended at 45 Ill. Reg. 9538, effective July 19, 2021)

 

Section 3050.20  Public Library Responsibilities

 

a)         The public library board of trustees shall annually take action to decide whether to issue non-resident library cards during the ensuing 12 months. At that time, the non-resident library card fee formula and fee, if applicable, to be used will be determined and adopted.

 

b)         The public library board of trustees shall notify the regional library system within 30 days after the action taken and effective dates and fee formula as determined in this Part.

 

c)         The participating public library shall continue to honor the non-resident library cards issued by the library for the full term of purchase.

 

d)         Participating public libraries shall cooperate with other participating area public libraries and the regional library system and adjacent regional library systems to determine the appropriate non-resident service areas as stated in Section 3050.25.

 

e)         Nothing in this Part requires a public library to participate in the non-resident library card program. Non-participation in the non-resident library card program does not preclude a public library from applying for and receiving grant funds from the Illinois State Library as long as the public library complies with requirements of the specific grant program.

 

(Source:  Amended at 44 Ill. Reg. 2010, effective January 7, 2020)

 

Section 3050.25  Applying for a Non-Resident Library Card

 

a)         A non-resident shall apply for a non-resident library card at the closest public library.  The factor for determining the closest public library shall be the residence of the non-resident.  Non-residents shall apply at the participating public library in the school district in which the non-resident has his or her principal residence unless, due to the commonality of community interests, library services at another library that is physically closer may better serve the needs of the non-resident.

 

b)         If there are two or more public libraries in the school district in which a non-resident resides, the participating public libraries in that school district, in cooperation with the applicable regional library systems, shall determine the appropriate library service area for non-residents to make application for a non-resident library card.

 

c)         If there is no participating public library in the school district in which the non-resident resides, the applicable regional library systems that serve the school district shall, in cooperation with participating libraries in the general area of the school district, determine the non-resident service area.  The factor to be used for determining a non-resident service area shall be the commonality of community interests that influence the activities of all the residents of the service area.

 

Section 3050.30  Regional Library System Responsibilities

 

a)         The regional library systems, by September 1, 2002, shall submit to the Illinois State Library, and post on their Internet sites, the names of participating and non-participating public libraries. During this period, the regional library systems shall assist public libraries in complying with Section 3050.25 of this Part.

 

b)         Beginning in 2003, the regional library systems shall submit the names of participating and non-participating public libraries as of July 1 of each year in the annual report to the Illinois State Library. The report shall include the action public libraries take in compliance with Section 3050.20(a) of this Part.

 

c)         The regional library systems shall maintain an up-to-date list on their Internet sites of participating and non-participating public libraries and the effective dates of the 12 month period. This list shall also be available in print upon request and available for public inspection at the regional library system headquarters.

 

Section 3050.40  Options for Non-Resident Library Cards

 

a)         The public library board of trustees' policy for service to non-residents, including a description of the public library's service areas and methods of calculating fees (if the library participates), shall be available for public inspection at the library.

 

b)         A valid non-resident library card shall accord the non-resident cardholder all the services the issuing public library provides to its residents including reciprocal borrowing privileges.

 

Section 3050.45  E-Resources to Non-Residents

 

a)         The public library board of trustees may annually take action to offer non-residents access to E-Resources, free of charge.

 

b)         E-Resource access does not allow the non-resident to:

 

1)         checkout traditional circulating items;

 

2)         access interlibrary loan services; or

 

3)         access the collections of other libraries in the State.

 

c)         The non-resident shall apply for access to E-Resources as stipulated in Section 3050.25.

 

(Source:  Added at 45 Ill. Reg. 9538, effective July 19, 2021)

 

Section 3050.50  Criteria for Non-Resident Library Cards

 

a)         The non-resident library card issued by a participating public library should include, at a minimum, the name of the library; the expiration date of the non-resident library card; and the words "Non-Resident". The non-resident library card shall be issued for 12 months subject to the exemptions in Section 30-55.60 of the Public Library District Act of 1991 [75 ILCS 16/30-55.60] and the Illinois Local Library Act [75 ILCS 5/4-7(8)].

 

b)         A local use only card may not be issued to a non-resident whether or not a library participates in the non-resident library card program.

 

Section 3050.60  Non-Resident Fee Formula

 

A public library can use three options to determine its non-resident fee according to the formula established by the Illinois State Library [75 ILCS 5/4-7(12) and 16/30-55.60]. In subsections (a) and (b), the non-resident fee shall be equitable and proportionate to the fee paid by residents.

 

a)         General Mathematical Formula

 

1)         To determine the minimum non-resident fee, a local library should divide the library income from public property tax sources or its equivalent by the local population to determine the cost of service per capita.  In the case of endowed libraries that receive no income from local tax sources of any kind and meet the requirements for library system membership, the endowed library may determine the minimum non-resident fee by dividing the amount of income it receives from non-tax sources that is required to qualify for per capita grants provided in Section 8.1 of the Illinois Library System Act by the local population to determine the cost of service per capita.  All public libraries should then multiply the per capita figure by the average number of persons per household in the community to obtain the average cost per household on which to base a fee for a family card.  The most recent federal census information available shall be used in determining population and household size.

 

2)         Library income from local property tax sources excludes State and federal funds.

 

b)         Tax Bill Methods

 

1)         Non-Resident Taxpayer: The library tax rate or equivalent, including all special levies, is applied to the non-resident property owner's principal residence assessed valuation on an individual, case by case basis.  The most recent property tax bill will be used.  The property owner will pay the same amount as would be paid if the property were in the library service area.

 

2)         Non-Resident Renter: The library shall either charge a minimum of 15 percent of the monthly rent as the annual non-resident fee, or devise its own formula. The local formula shall take into account the average local rent of the general community of the public library, the property tax rate, and the non-resident fee for residential homeowners. The library board shall annually determine the percent to be applied to non-resident renters. The renter shall provide to the public library a current rent receipt or a cancelled rent check for verification purposes.

 

c)         Adoption of the Average Non-Resident Fee in the System Area

 

1)         In public library service areas with a disproportionately large share of the property valuation in agricultural, industrial, mining, commercial or other non-residential property, the library board of trustees may ask the Director of the Illinois State Library for authorization to adopt as its non-resident fee the average non-resident fee in the system in which the library is located.

 

2)         This exception is not a general alternative to the formula and will apply only under the conditions stated in subsection (c)(1), with the approval of the Illinois State Library.

 

d)         Veterans Disability Exemption

 

1)         The non-resident fee shall not apply to veterans with a service-connected disability of at least 70% who are exempt from paying property taxes on their primary residence.

 

2)         The non-resident fee shall not apply to the unmarried surviving spouse of a veteran who qualified for this exemption prior to death.

 

3)         The non-resident fee shall not apply to an unmarried surviving spouse of a service member killed in the line of duty.

 

4)         Qualifying veterans or surviving spouses must present documentation from the county where they reside that indicates their residence is exempt from paying property taxes.

 

5)         The non-resident fee shall not apply to veterans with a service-connected disability of at least 70% who do not own their principal residence and who reside outside of a public library service area. The veteran shall present documentation of at least 70% disability from the U.S. Department of Veterans Affairs when applying for their non-resident card.

 

(Source:  Amended at 45 Ill. Reg. 9538, effective July 19, 2021)

 

Section 3050.70  Non-Resident Property Owner and Leasee

 

a)         The non-resident fee shall not apply to a non-resident who, as an individual or as a partner, principal stockholder, or other joint owner, owns or leases property that is taxed for library service or is a senior administrative officer of a firm, business, or other corporation owning taxable property within the district, upon presentation of the most recent tax bill on that taxable property.  [75 ILCS 5/4-7(12) and 75 ILCS 16/30-55.60(3)]

 

b)         The library card shall accord the non-resident property owner or non-resident leasee cardholder all the services the issuing public library provides its residents, including reciprocal borrow privileges.

 

(Source:  Amended at 44 Ill. Reg. 2010, effective January 7, 2020)

 

Section 3050.75  Cards for Kids

 

a)         Upon the annual determination by the public library board of trustees to issue non-resident cards for the ensuing 12 months, the non-resident fee shall not be charged to students whose principal residence is not within a public library service area and whose household income makes them eligible to receive free or reduced price meals under the National School Lunch Program and the National School Breakfast Program, as determined by Income Eligibility Guidelines established by the U.S. Department of Agriculture (USDA).

 

b)         When applying for a non-resident card, a qualifying student must present to the public library documentation from the school or school district that indicates the student's eligibility for free or reduced price meals.

 

c)         The public library shall determine the applicability of the non-resident fee waiver to all students whose principal residences are not within the public library service area and whose school or school district operates under the Community Eligible Provision (CEP) of the National School Lunch and School Breakfast Programs. When the public library determines the non-resident fee waiver does not apply to all students attending a school or school district that operates under CEP, the public library shall create a certification document that at a minimum includes current household size, current annualized income of that household, and is signed by an adult representative of the student applicant's household. The public library shall review the certification document and waive the non-resident fee for applicants whose documents indicate that they are eligible for free or reduced-price meals.

 

d)         For homeschool students, the public library shall create a certification document that at a minimum includes current household size and current annualized household income and is signed by an adult representative of the student applicant's household. The public library shall review the certification document and shall waive the non-resident fee for applicants whose documents indicate that they are eligible for free or reduced-price meals.

 

e)         The student shall apply for a non-resident card at a participating public library as stipulated in Section 3050.25.

 

f)         The library card shall accord the student cardholder all the services the issuing library provides its residents, including reciprocal borrowing.  The library card shall be issued in compliance with any policy or guideline that the public library board has implemented for issuance of cards to minors.

 

(Source:  Added at 45 Ill. Reg. 9538, effective July 19, 2021)

 

Section 3050.80  Contractual Services

 

The rules providing for non-resident status shall not apply to any person residing in any territory for which the corporate authority of that territory, or a private corporation, has contracted for library service on behalf of the residents with a public library as provided in Section 4-7(8) of the Illinois Local Library Act [75 ILCS 5/4-7(8)] and Section 30-55.40 of the Public Library District Act of 1991 [75 ILCS 16/30-55.40].

 

Section 3050.90  State Mandates Act Exemption

 

No reimbursement is required by the State for the implementation of any mandate created by this Part as provided in Section 8.25 of the State Mandates Act [30 ILCS 805/8.25].