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HB4261 - 104th General Assembly

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HB4261 Engrossed
LRB104 16516 RTM 29912 b
1

AN ACT concerning local government.

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 8, 8.1, and 8.4 as follows:

6

(75 ILCS 10/8)

(from Ch. 81, par. 118)
7

(Text of Section before amendment by P.A. 104-108
)
8

Sec. 8.
State grants.
9

(a) There shall be a program of State grants within the
10
limitations of funds appropriated by the Illinois General
11
Assembly together with other funds made available by the
12
federal government or other sources for this purpose. This
13
program of State grants shall be administered by the State
14
Librarian in accordance with rules and regulations as provided
15
in Section 3 of this Act and shall include the following: (i)
16
annual equalization grants; (ii) Library System grants; (iii)
17
per capita grants to public libraries; and (iv) planning and
18
construction grants to public libraries and library systems.
19
Libraries, in order to be eligible for grants under this
20
Section, must be members of a library system.
21

(b) An annual equalization grant shall be made to all
22
public libraries for which the corporate authorities levy a
23
tax for library purposes at a rate not less than .13% of the

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
value of all the taxable property as equalized and assessed by
2
the Department of Revenue if the amount of tax revenue
3
obtained from a rate of .13% produces less than $17.50 per
4
capita in property tax revenue from property taxes for Fiscal
5
Year 2025 and thereafter. In that case, the State Librarian is
6
authorized to make an equalization grant equivalent to the
7
difference between the amount obtained from a rate of .13% and
8
an annual income of $17.50 per capita for grants made in Fiscal
9
Year 2025 and thereafter. If moneys appropriated for grants
10
under this Section are not sufficient, then the State
11
Librarian shall reduce the per capita amount of the grants so
12
that the qualifying public libraries receive the same amount
13
per capita, but in no event shall the grant be less than
14
equivalent to the difference between the amount of the tax
15
revenue obtained from the current levy and an annual income of
16
$4.25 per capita. If a library receiving an equalization grant
17
reduces its tax levy below the amount levied at the time the
18
original application is approved, it shall be ineligible to
19
receive further equalization grants.
20

If a library is subject to the Property Tax Extension
21
Limitation Law in the Property Tax Code and its tax levy for
22
library purposes has been lowered to a rate of less than .13%,
23
the library will qualify for this grant if the library levied a
24
tax for library purposes that met the requirements for this
25
grant in the previous year and if the tax levied for library
26
purposes in the current year produces tax revenue for the

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
library that is an increase over the previous year's extension
2
of 5% or the percentage increase in the Consumer Price Index,
3
whichever is less, and the tax revenue produced by this levy is
4
less than $17.50 per capita in property tax revenue from
5
property taxes for the Fiscal Year 2025 and thereafter. In
6
this case, the State Librarian is authorized to make an
7
equalization grant equivalent to the difference between the
8
amount of tax revenue obtained from the current levy and an
9
annual income of $17.50 per capita for grants made in Fiscal
10
Year 2025 and thereafter. If moneys appropriated for grants
11
under this Section are not sufficient, then the State
12
Librarian shall reduce the per capita amount of the grants so
13
that the qualifying public libraries receive the same amount
14
per capita, but in no event shall the grant be less than
15
equivalent to the difference between the amount of the tax
16
revenue obtained from the current levy and an annual income of
17
$4.25 per capita. If a library receiving an equalization grant
18
reduces its tax levy below the amount levied at the time the
19
original application is approved, it shall be ineligible to
20
receive further equalization grants.
21

(c) Annual Library System grants shall be made, upon
22
application, to each library system approved by the State
23
Librarian on the following basis:
24

(1) For library systems, the sum of $1.46 per capita
25

of the population of the area served plus the sum of $50.75
26

per square mile or fraction thereof of the area served

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1

except as provided in paragraph (4) of this subsection.
2

(2) If the amounts appropriated for grants are
3

different from the amount provided for in paragraph (1) of
4

this subsection, the area and per capita funding shall be
5

proportionately reduced or increased accordingly.
6

(3) For library systems, additional funds may be
7

appropriated. The appropriation shall be distributed on
8

the same proportional per capita and per square mile basis
9

as provided in paragraphs (1) 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 system
17

and 75% of the funding granted to the public library
18

system.
19

(d) The "area served" for the purposes of making and
20
expending annual Library System grants means the area that
21
lies within the geographic boundaries of the library system as
22
approved by the State Librarian, except that grant funding
23
awarded to a library system may also be expended for the
24
provision of services to members of other library systems if
25
such an expenditure is included in a library system's plan of
26
service and is approved by the State Librarian. In determining

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
the population of the area served by the library system, the
2
Illinois State Library shall use the latest federal census for
3
the political subdivisions in the area served.
4

(e) In order to be eligible for a grant under this Section,
5
the corporate authorities, instead of a tax levy at a
6
particular rate, may provide an amount equivalent to the
7
amount produced by that levy.
8
(Source: P.A. 103-588, eff. 7-1-24.)

9

(Text of Section after amendment by P.A. 104-108
)
10

Sec. 8.
State grants.
11

(a) There shall be a program of State grants within the
12
limitations of funds appropriated by the Illinois General
13
Assembly together with other funds made available by the
14
federal government or other sources for this purpose. This
15
program of State grants shall be administered by the State
16
Librarian in accordance with rules and regulations as provided
17
in Section 3 of this Act and shall include the following: (i)
18
annual equalization grants; (ii) Library System grants; (iii)
19
per capita grants to public libraries; (iv) planning and
20
construction grants to library systems and public libraries
21
that are members of a library system; and (v) grants to improve
22
or enhance security of libraries.
23

(b) An annual equalization grant shall be made to all
24
public libraries for which the corporate authorities levy a
25
tax for library purposes at a rate not less than .13% of the

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
value of all the taxable property as equalized and assessed by
2
the Department of Revenue if the amount of tax revenue
3
obtained from a rate of .13% produces less than $17.50 per
4
capita in property tax revenue from property taxes for Fiscal
5
Year 2025 and thereafter. In that case, the State Librarian is
6
authorized to make an equalization grant equivalent to the
7
difference between the amount obtained from a rate of .13% and
8
an annual income of $17.50 per capita for grants made in Fiscal
9
Year 2025 and thereafter. If moneys appropriated for grants
10
under this Section are not sufficient, then the State
11
Librarian shall reduce the per capita amount of the grants so
12
that the qualifying public libraries receive the same amount
13
per capita, but in no event shall the grant be less than
14
equivalent to the difference between the amount of the tax
15
revenue obtained from the current levy and an annual income of
16
$4.25 per capita. If a library receiving an equalization grant
17
reduces its tax levy below the amount levied at the time the
18
original application is approved, it shall be ineligible to
19
receive further equalization grants.
20

If a library is subject to the Property Tax Extension
21
Limitation Law in the Property Tax Code and its tax levy for
22
library purposes has been lowered to a rate of less than .13%,
23
the library will qualify for this grant if the library levied a
24
tax for library purposes that met the requirements for this
25
grant in the previous year and if the tax levied for library
26
purposes in the current year produces tax revenue for the

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
library that is an increase over the previous year's extension
2
of 5% or the percentage increase in the Consumer Price Index,
3
whichever is less, and the tax revenue produced by this levy is
4
less than $17.50 per capita in property tax revenue from
5
property taxes for the Fiscal Year 2025 and thereafter. In
6
this case, the State Librarian is authorized to make an
7
equalization grant equivalent to the difference between the
8
amount of tax revenue obtained from the current levy and an
9
annual income of $17.50 per capita for grants made in Fiscal
10
Year 2025 and thereafter. If moneys appropriated for grants
11
under this Section are not sufficient, then the State
12
Librarian shall reduce the per capita amount of the grants so
13
that the qualifying public libraries receive the same amount
14
per capita, but in no event shall the grant be less than
15
equivalent to the difference between the amount of the tax
16
revenue obtained from the current levy and an annual income of
17
$4.25 per capita. If a library receiving an equalization grant
18
reduces its tax levy below the amount levied at the time the
19
original application is approved, it shall be ineligible to
20
receive further equalization grants.
21

(c) Annual Library System grants shall be made, upon
22
application, to each library system approved by the State
23
Librarian on the following basis:
24

(1) For library systems, the sum of
$1.75

$1.46
per
25

capita of the population of the area served plus the sum of
26

$60.90

$50.75
per square mile or fraction thereof of the

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1

area served except as provided in paragraph (4) of this
2

subsection.
3

(2) If the amounts appropriated for grants are
4

different from the amount provided for in paragraph (1) of
5

this subsection, the area and per capita funding shall be
6

proportionately reduced or increased accordingly.
7

(3) For library systems, additional funds may be
8

appropriated. The appropriation shall be distributed on
9

the same proportional per capita and per square mile basis
10

as provided in paragraphs (1) 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 system
18

and 75% of the funding granted to the public library
19

system.
20

(d) The "area served" for the purposes of making and
21
expending annual Library System grants means the area that
22
lies within the geographic boundaries of the library system as
23
approved by the State Librarian, except that grant funding
24
awarded to a library system may also be expended for the
25
provision of services to members of other library systems if
26
such an expenditure is included in a library system's plan of

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
service and is approved by the State Librarian. In determining
2
the population of the area served by the library system, the
3
Illinois State Library shall use the latest federal census for
4
the political subdivisions in the area served.
5

(e) In order to be eligible for a grant under this Section,
6
the corporate authorities, instead of a tax levy at a
7
particular rate, may provide an amount equivalent to the
8
amount produced by that levy.
9
(Source: P.A. 103-588, eff. 7-1-24; 104-108, eff. 1-1-26.)

10

(75 ILCS 10/8.1)

(from Ch. 81, par. 118.1)
11

Sec. 8.1.
The State Librarian shall make grants annually
12
under this Section to all qualified public libraries in the
13
State from funds appropriated by the General Assembly. Such
14
grants shall be in the amount of up to
$1.77

$1.475
per capita
15
for the population of the area served by the respective public
16
library and, in addition, the amount of up to
$0.228

$0.19
per
17
capita to libraries serving populations over 500,000 under the
18
Illinois Major Urban Library Program. If the moneys
19
appropriated for grants under this Section fail to meet the
20
$1.77

$1.475
and the
$0.228

$0.19
per capita amounts above,
21
the funding shall be decreased pro rata so that qualifying
22
public libraries receive the same amount per capita. If the
23
moneys appropriated for grants under this Section exceed the
24
$1.77

$1.475
and the
$0.228

$0.19
per capita amounts above,
25
the funding shall be increased pro rata so that qualifying

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
public libraries receive the same amount per capita.
2

To be eligible for grants under this Section, a public
3
library must:
4

(1) Provide, as determined by the State Librarian,
5

library services which either meet or show progress toward
6

meeting the Illinois library standards, as most recently
7

adopted by the Illinois Library Association.
8

(2) Be a public library for which is levied a tax for
9

library purposes at a rate not less than .13% or a county
10

library for which is levied a tax for library purposes at a
11

rate not less than .07%. If a library is subject to the
12

Property Tax Extension Limitation Law in the Property Tax
13

Code and its tax levy for library purposes has been
14

lowered to a rate of less than .13%, this requirement will
15

be waived if the library qualified for this grant in the
16

previous year and if the tax levied for library purposes
17

in the current year produces tax revenue for library
18

purposes that is an increase over the previous year's
19

extension of 5% or the percentage increase in the Consumer
20

Price Index, whichever is less. Beginning in State Fiscal
21

Year 2012, the eligibility requirement in this subsection
22

shall be waived if a library's tax levy for library
23

purposes has been lowered to a rate of less than 0.13%, and
24

the State Librarian determines that the library (i)
25

continues to meet the requirements of item (1) of this
26

Section and (ii) received a grant under this Section in

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1

the previous fiscal year.
2

Any other language in this Section to the contrary
3
notwithstanding, grants under this Section 8.1 shall be made
4
only upon application of the public library concerned, which
5
applications shall be entirely voluntary and within the sole
6
discretion of the public library concerned.
7

In order to be eligible for a grant under this Section, the
8
corporate authorities, in lieu of a tax levy at a particular
9
rate, may provide funds from other sources, an amount
10
equivalent to the amount to be produced by that levy.
11
(Source: P.A. 102-39, eff. 6-25-21.)

12

(75 ILCS 10/8.4)

(from Ch. 81, par. 118.4)
13

Sec. 8.4.
School library grants.
Beginning July 1, 1989,
14
the State Librarian shall make grants annually under this
15
Section to all school districts in the State for the
16
establishment and operation of qualified school libraries, or
17
the additional support of existing qualified school libraries,
18
from funds appropriated by the General Assembly. Such grants
19
shall be in the amount of
$1.06

$0.885
per student as
20
determined by the official enrollment as of the previous
21
September 30 of the respective school having a qualified
22
school library. If the moneys appropriated for grants under
23
this Section are not sufficient, the State Librarian shall
24
reduce the amount of the grants as necessary; in making these
25
reductions, the State Librarian shall endeavor to provide each

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1
school district that has a qualifying school library (i) at
2
least the same amount per student as the district received
3
under this Section in the preceding fiscal year, and (ii) a
4
total grant of at least
$1,000

$850
, which, in the event of an
5
insufficient appropriation, shall not be reduced to a total
6
grant of less than $100.
7

To qualify for grants under this Section, a school library
8
must:
9

(1) Be an entity which serves the basic information
10

and library needs of the school's employees and students
11

through a bibliographically organized collection of
12

library materials, has at least one employee whose primary
13

duty is to serve as a librarian, and has a collection
14

permanently supported financially, accessible centrally,
15

and occupying identifiable quarters in one principal
16

location.
17

(2) Meet the requirements for membership in a library
18

system under the provisions of this Act.
19

(3) Have applied for membership in the library system
20

of jurisdiction if the system is a multitype library
21

system under this Act.
22

(4) Provide, as mutually determined by the Illinois
23

State Librarian and the Illinois State Board of Education,
24

library services which either meet or show progress toward
25

meeting the Illinois school library standards as most
26

recently adopted by the Illinois School Library Media

HB4261 Engrossed
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LRB104 16516 RTM 29912 b
1

Association.
2

(5) Submit a statement certifying that the financial
3

support for the school library or libraries of the
4

applying school district has been maintained undiminished,
5

or if diminished, the percentage of diminution of
6

financial support is no more than the percentage of
7

diminution of the applying school's total financial
8

support for educational and operations purposes since the
9

submission of the last previous application of the school
10

district for the school library per student grant that was
11

funded.
12

Grants under this Section shall be made only upon
13
application of the school district for its qualified school
14
library or school libraries.
15
(Source: P.A. 102-39, eff. 6-25-21.)

16

Section 95.
No acceleration or delay.
Where this Act makes
17
changes in a statute that is represented in this Act by text
18
that is not yet or no longer in effect (for example, a Section
19
represented by multiple versions), the use of that text does
20
not accelerate or delay the taking effect of (i) the changes
21
made by this Act or (ii) provisions derived from any other
22
Public Act.

23

Section 99.
Effective date.
This Act takes effect upon
24
becoming law.

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