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.