Public Act 93-0527
HB2527 Enrolled LRB093 03487 JAM 11088 b
AN ACT concerning libraries.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Library System Act is amended by
changing Sections 2, 4, 5, 6, 8, and 8.1 as follows:
(75 ILCS 10/2) (from Ch. 81, par. 112)
Sec. 2. Definitions. As used in this Act:
"Library system" means any one of the following:
(1) A multitype library system serving (i) a
minimum of 150,000 inhabitants or (ii) an area of not
less than 4,000 square miles and serving a minimum 10 or
more public libraries, elementary and secondary school
libraries, institutions of higher education libraries,
and special libraries.
(2) A public library system consisting of a single
public library serving a city of over 500,000 population.
(3) A multitype library system that serves the same
territory as a library system under subparagraph (2) of
this definition that provides service to elementary and
secondary school libraries, institutions of higher
education libraries, and special libraries.
"Special library" includes, but is not limited to,
libraries with unique collections or specialized services
recognized by the State Library.
The term "library system" as used in this Act means an
organization of one or more tax-supported public libraries
serving a minimum of 150,000 inhabitants or an area of not
less than 4,000 square miles, or of a single public library
serving a city of over 500,000 population, which organization
is or has been created as a library system in accordance with
this Act. Such organization may also include, subject to the
provisions of this Act, libraries other than public
libraries. A library system may consist of any of the
following:
a) A cooperative public library system in which 10 or
more public libraries enter into a written agreement to
provide any or all library services on a cooperative basis.
b) A public library system consisting of a single public
library serving a city of over 500,000 population.
c) A multitype library system in which (1) 10 or more
public libraries and in addition other types of libraries, or
(2) a single public library and in addition other types of
libraries serving a city of over 500,000 population, enter
into an agreement to provide any or all library services on a
cooperative basis.
(Source: P.A. 83-411.)
(75 ILCS 10/4) (from Ch. 81, par. 114)
Sec. 4. (a) A cooperative public library system or a
public library system shall be established in the following
manner: The formation of a library system of 10 or more
public libraries or of a public library serving a city of
over 500,000 population shall first be approved by the boards
of directors of the participating public library or
libraries, followed by the election or selection of a board
of directors for the library system as provided in Sections 5
and 6 of this Act. Subject to rules adopted by the State
Librarian, an application for the formation of a cooperative
public library system or a public library system shall then
be submitted by the board of directors of the system to the
State Librarian, together with a plan of service describing
the specific purposes for which the system is formed and the
means by which such purposes are to be accomplished. If it
shall appear to the satisfaction of the State Librarian that
the establishment of a cooperative public library system or a
public library system will result in improved library
service, he shall approve the application.
The conversion of a cooperative public library system or
a public library system to a multitype library system shall
be accomplished in the following manner: when a majority of
the board of directors of a cooperative public library system
or a public library system approves conversion to a multitype
library system, and when that action has been approved by a
majority of the boards of the public library members and
those public libraries represent a majority of the population
served by the public library members, the system board of
directors shall submit an application to the State Librarian.
The application shall include the proposed bylaws for the
multitype system and a plan of service describing the
specific purposes to be accomplished by the multitype system.
If it shall appear to the satisfaction of the State Librarian
that the conversion of a cooperative public library system or
a public library system will result in improved library
service, he shall approve the application. The effective
date of the multitype library system shall be the date of the
approval of the appropriation for the fiscal year, which
funding for the newly approved system has been included as
provided in Section 8 of this Act. Upon conversion of a
cooperative public library system or a public library system
to a multitype library system, the boundaries of the
multitype system shall be the same as the preexisting
cooperative public library system or public library system.
The State Librarian shall provide that all areas of the State
fall within the boundaries of a library system. The State
Librarian shall have the right to grant provisional status
for a period of not more than 3 years from the date of
submission of the application for creation of a the
conversion of a cooperative public library system or a public
library system to a multitype library system if, in his
judgment, provisions in the bylaws or plan of service of the
proposed multitype library system fail to meet the criteria
established in this Act or in the rules and regulations
authorized by this Act. If the deficiencies noted by the
State Librarian in granting provisional status are not
corrected within the 3 year period, the provisional multitype
system status of the system shall be rescinded and the assets
of the provisional multitype system shall be liquidated as
provided for in Section 13 or the provisional system shall
submit a plan for consolidation with an adjoining existing
system revert to the preexisting and reestablished
cooperative public library system or public library system.
In such case the State Librarian shall assume fiscal and
administrative responsibility for maintenance of services
until a library system status is reestablished or a
determination is made by the State Librarian as to the most
efficient means of delivering service to the libraries of the
system.
Upon the finding of the State Librarian that an existing
library system has failed to meet the criteria established by
this Act or the rules authorized by this Act, the State
Librarian shall give due notice to the library system board
to respond to and address the finding. Upon the failure of
the library system board to adequately respond to the
finding, the State Librarian may assume fiscal and
administrative responsibility for the library system. Upon
taking such action, the State Librarian may hold a public
hearing on the action. The process for these actions shall be
prescribed by administrative rule.
(b) A multitype library system as defined in
subparagraph (3) of the definition of "library system" in
Section 2 that, prior to the effective date of this
amendatory Act of the 93rd General Assembly, was organized
and provided service as a multitype library system that
served a public library in a city with a population of
500,000 or more need not reorganize for formation as a new
library system but may, at the discretion of the State
Librarian, continue as a library system subject to conditions
and restrictions of this Act and any stipulations of the
State Librarian.
(Source: P.A. 83-411.)
(75 ILCS 10/5) (from Ch. 81, par. 115)
Sec. 5. Each cooperative public library system or
multitype library system created by conversion of a
cooperative public library system as provided in Section 4 of
this Act shall be governed by a board of directors numbering
at least 5 and no more than 15 persons, except as required by
Section 6 for library systems in cities with a population of
500,000 or more. In cooperative public library systems the
members shall be elected or selected from the governing
boards of the participating public libraries. In multitype
library systems The board shall be representative of the
variety of library interests in the system, and at least a
majority shall be elected or selected from the governing
boards of the member public libraries, with not more than one
director representing a single member library. For library
systems as defined in subparagraph (3) of the definition of
"library system" in Section 2, the board members shall be
representative of the types of libraries that library system
serves. The number of directors, the manner of election or
selection, the term of office and the provision for filling
vacancies shall be determined by the system governing board
except that all board members must be eligible electors in
the geographical area of the system. No director of any
library system, however, shall be permitted to serve for more
than a total of 6 years unless 2 years have elapsed since his
sixth year of service.
The board of directors shall elect a president, secretary
and treasurer. Before entering upon his duties, the treasurer
shall be required to give a bond in an amount to be approved
by the board, but in no case shall such amount be less than
50% of the system's area and per capita grant for the
previous year, conditioned that he will safely keep and pay
over upon the order of such board all funds received and held
by him for the library system. The funds of the library
system shall be deposited in a bank or savings and loan
association designated by the board of directors and shall be
expended only under the direction of such board upon properly
authenticated vouchers.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to
Section 6 of the Public Funds Investment Act.
The members of the board of directors of the library
system shall serve without compensation but their actual and
necessary expenses shall be a proper charge against the
library fund.
(Source: P.A. 91-357, eff. 7-29-99.)
(75 ILCS 10/6) (from Ch. 81, par. 116)
Sec. 6. The board and officers of the public library
served by the library system defined in subparagraph (2) of
the definition of "library system" in Section 2 shall
administer that library system. That public library system
shall annually submit a plan of service to be approved by the
State Librarian. The plan of service shall include the
provision of specified services for all types of libraries
operating within the municipal territory of the system
subject to approval or revision by the State Librarian. The
multitype services shall be provided in consultation with the
multitype library system defined in subparagraph (3) of the
definition of "library system" in Section 2 serving the same
municipal territory. A public library system as provided in
paragraph "b" of Section 2 of this Act shall be governed by
the same board and officers that govern the existing public
library of that area. The funds received from the state shall
be expended only under the direction of such board upon
properly authenticated vouchers. When such public library
system becomes a multitype library system under the
provisions of this Act, the board shall consist of at least
12 and no more than 15 persons representing the variety of
library interests in the system. The number of directors,
the manner of election or selection, the term of office and
the provision for filling vacancies shall be determined by
the bylaws of the multitype system.
The board shall elect a president and a secretary, shall
designate a treasurer, and may designate such other officers
as the board may deem necessary. Before entering upon his
duties, the treasurer shall be required to give a bond in an
amount to be approved by the board, but in no case less than
50% of the system's area and per capita grant for the
previous year, conditioned that he will safely keep and pay
over upon the order of such board all funds received and held
by him for the library system. The funds of the library
system shall be deposited in a bank designated by the board
of directors and shall be expended only under the direction
of such board upon properly authenticated vouchers. The
members of the board shall serve without compensation but
their actual and necessary expenses shall be a proper charge
against the library fund.
(Source: P.A. 83-411.)
(75 ILCS 10/8) (from Ch. 81, par. 118)
Sec. 8. State grants.
(a) There shall be a program of State grants within the
limitations of funds appropriated by the Illinois General
Assembly together with other funds made available by the
federal government or other sources for this purpose. This
program of State grants shall be administered by the State
Librarian in accordance with rules and regulations as
provided in Section 3 of this Act and shall include the
following: (i) annual equalization grants; (ii) Library
System grants; (iii) annual grants to Research and Reference
Centers; (iv) per capita grants to public libraries; and (iv)
(v) planning and construction grants to public libraries and
library systems. Libraries, in order to be eligible for
grants under this Section, must be members of a library
system.
(b) An annual equalization grant shall be made to all
public libraries for which the corporate authorities levy a
tax for library purposes at a rate not less than .13% of the
value of all the taxable property as equalized and assessed
by the Department of Revenue if the amount of tax revenue
obtained from a rate of .13% produces less than $4.25 per
capita. In that case, the State Librarian is authorized to
make an equalization grant equivalent to the difference
between the amount obtained from a rate of .13% and an annual
income of $4.25 per capita. If a library receiving an
equalization grant reduces its tax levy below the amount
levied at the time the original application is approved, it
shall be ineligible to receive further equalization grants.
If a library is subject to the Property Tax Extension
Limitation Law in the Property Tax Code and its tax levy for
library purposes has been lowered to a rate of less than
.13%, the library will qualify for this grant if the library
levied a tax for library purposes that met the requirements
for this grant in the previous year and if the tax levied for
library purposes in the current year produces tax revenue for
the library that is an increase over the previous year's
extension of 5% or the percentage increase in the Consumer
Price Index, whichever is less, and the tax revenue produced
by this levy is less than $4.25 per capita. In this case,
the State Librarian is authorized to make an equalization
grant equivalent to the difference between the amount of tax
revenue obtained from the current levy and an annual income
of $4.25 per capita. If a library receiving an equalization
grant reduces its tax levy below the amount levied at the
time the original application is approved, it shall be
ineligible to receive further equalization grants.
(c) Annual Library System grants shall be made, upon
application, to each library system approved by the State
Librarian on the following basis:
(0.5) The distribution of annual library system
grants, from all fund sources for this purpose, at the
rate of 90% for distribution by means of area and per
capita served, as provided in paragraph (1) of this
subsection. Additionally, the remaining 10% of funds
available for annual library system grants shall be made
available for distribution based upon approved
application, by the State Librarian, for the provision of
services to member libraries and for technological
developments.
(1) For cooperative public library systems, public
library systems, or multitype library systems, the sum of
$1.46 per capita of the population of the area served
plus the sum of $50.75 per square mile or fraction
thereof of the area served except as provided in
paragraph (4) of this subsection.
(2) If the amounts appropriated for grants are is
different from the amount provided for in paragraph (1)
of this subsection, the area and per capita funding shall
be proportionately reduced or increased accordingly.
Remaining funding comprising 10% of the annual library
systems grants shall be distributed upon approval of
application for initiatives of library development and
technological innovations according to rules and
regulations promulgated by the State Librarian on
criteria for awarding the grants.
(3) For multitype library systems, additional funds
may be appropriated. The appropriation shall be
distributed on the same proportional per capita and per
square mile basis as provided in paragraphs paragraph (1)
and (4) of this subsection.
(4) Per capita and area funding for a multitype
library system as defined in subparagraph (3) of the
definition of "library system" in Section 2 and a public
library system in cities with a population of 500,000 or
more as defined in subparagraph (2) of the definition of
"library system" in Section 2 shall be apportioned with
25% of the funding granted to the multitype library
system and 75% of the funding granted to the public
library system.
(d) The "area served" for the purposes of this Act means
the area that lies within the geographic boundaries of the
library system as approved by the State Librarian. In
determining the population of the area served by the library
system, the Illinois State Library shall use the latest
federal census for the political subdivisions in the area
served.
(e) In order to be eligible for a grant under this
Section, the corporate authorities, instead of a tax levy at
a particular rate, may provide from a source other than
federal revenue sharing an amount equivalent to the amount
produced by that levy.
(Source: P.A. 89-188, eff. 7-19-95; 90-169, eff. 7-23-97.)
(75 ILCS 10/8.1) (from Ch. 81, par. 118.1)
Sec. 8.1. The State Librarian shall make grants annually
under this Section to all qualified public libraries in the
State from funds appropriated by the General Assembly. Such
grants shall be in the amount of up to $1.25 per capita for
the population of the area served by the respective public
library and, in addition, the amount of up to $0.19 per
capita to libraries serving populations over 500,000 under
the Illinois Major Urban Library Program. If the moneys
appropriated for grants under this Section are not
sufficient the State Librarian shall reduce the per capita
amount of the grants so that the qualifying public libraries
receive the same amount per capita.
To be eligible for grants under this Section, a public
library must:
(1) Provide, as determined by the State Librarian,
library services which either meet or show progress
toward meeting the Illinois library standards, as most
recently adopted by the Illinois Library Association.
(2) Be a public library for which is levied a tax
for library purposes at a rate not less than .13% or a
county library for which is levied a tax for library
purposes at a rate not less than .07%. If a library is
subject to the Property Tax Extension Limitation Law in
the Property Tax Code and its tax levy for library
purposes has been lowered to a rate of less than .13%,
this requirement will be waived if the library qualified
for this grant in the previous year and if the tax levied
for library purposes in the current year produces tax
revenue for library purposes that is an increase over the
previous year's extension of 5% or the percentage
increase in the Consumer Price Index, whichever is less.
Any other language in this Section to the contrary
notwithstanding, grants under this Section 8.1 shall be made
only upon application of the public library concerned, which
applications shall be entirely voluntary and within the sole
discretion of the public library concerned.
Notwithstanding the first paragraph of this Section,
during fiscal year 1978, the amount of grants under this
Section shall be $0.25 per capita, during fiscal year 1979
the amount of grants under this Section shall be $0.50 per
capita, during fiscal year 1980 the amount of grants under
this Section shall be $0.75 per capita, during fiscal year
1981 through fiscal year 1993 the amount of grants shall be
$1 per capita, and during fiscal year 1994 and thereafter the
amount of public library grants shall be $1.25 per capita,
and the amount of the Major Urban Library Program grants
shall be $0.19 per capita. If the monies appropriated for
these grants are not sufficient, the State Librarian shall
reduce the per capita amount of the grants proportionately.
In order to be eligible for a grant under this Section,
the corporate authorities, in lieu of a tax levy at a
particular rate, may provide funds from other sources, an
amount equivalent to the amount to be produced by that levy.
(Source: P.A. 90-169, eff. 7-23-97; 91-357, eff. 7-29-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.