2023 Illinois Compiled Statutes › Chapter 75 - LIBRARIES › 75 ILCS 16/ - Public Library District Act of 1991. › Article 1 - Short Title And General Provisions

(75 ILCS 16/Art. 1 heading)
ARTICLE 1.  
		SHORT TITLE AND
GENERAL PROVISIONS
(75 ILCS 16/1-1)
Sec. 1-1. 
		Short title. 
		This Act may be cited
as the Public Library District Act of 1991.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-5)
Sec. 1-5. 
		Definitions. 
		For the purposes of this Act, unless the context
indicates otherwise, terms have the following meanings:
"Board" or "board of trustees" means a board of trustees created
under this Act to administer this Act.
"Certified copy" means a copy of any document within a library's control
that is certified by the secretary of the board as a true and accurate copy
of the original.
"Date of effectiveness" means the day a regulation or ordinance takes effect.
"Date of enactment" means the day a board adopts, by majority vote, an
ordinance or regulation.
"Day" means a calendar day.
"District" means a public library district established under this Act and
includes a proposed public library district.
"District library" means a library maintained and operated by a district.
"Election authority" means a county clerk or a board of election commissioners.
"Judge" means a judge of a circuit court of this State assigned to hear
any matter brought before him or her under this Act.
"Library" means a public library, including one privately endowed or
tax-supported or one established under this Act.
"Municipality" means a city, village, or incorporated town.
"Ordinance" means an enactment, adopted by majority vote of a board, that
applies to the public generally and that implements, applies, or prescribes
conduct, imposes a tax, imposes a fee or fine, or assesses a penalty or that
otherwise affects the rights of the public concerning the use or operation
of a library.
"Reciprocal agreement" means an agreement between a library and a
library agency for the provision of library services as needed by either party.
"Reciprocal borrowing" means the privilege of a person holding a valid
library registration card from a local library to borrow library materials
from other libraries.
"Regulation" means an enactment, adopted by majority vote of a board,
that concerns the internal management of a library, including but not
limited to enactments concerning personnel matters and the requisition of
books and personal property for the library.
"Resident" means a person residing within the geographic area within
which a tax is imposed to support a public library.
"Resolution" means a statement, adopted by majority vote of a board, that
establishes library policy and internal procedures for the governance of a
library.
"Territory", for purposes of annexation, means real estate
contiguous to a public library district that is delineated by definite
boundaries, including but not limited to a subdivision, plat, township,
or municipality.
"Trustee" means a trustee elected or appointed under this Act.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-10)
Sec. 1-10. 
		Establishment of districts and libraries. 
		To provide local public institutions of general education
for citizens of Illinois, library districts and libraries may be
established, equipped, and maintained by the board pursuant to this
Act.  That library shall be forever for the use of the residents and taxpayers
of the district in which it is located, subject to reasonable rules and
regulations the board adopts to render the use of the library of the greatest
benefit to the greatest number of those residents and taxpayers.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-15)
Sec. 1-15. 
		Districts established under prior laws.
(a) Any library district established or formed under any prior
law, including those formed under "An Act authorizing the creation
of public library districts", approved May 26, 1943, "An Act in relation to the
creation of public library districts", approved May 16, 1957, or the Illinois
Public Library District Act, shall be deemed to have been established or formed
under this Act, notwithstanding the fact that the library district does not
meet all of the qualifications for the establishment or formation of library
districts set forth in this Act, and shall be subject to the provisions of this
Act. No further referendum need be held to authorize the levy of the annual
public library tax up to the limitation of Section 35-5.
(b) The trustees elected or appointed under this Act shall be the successors
to the trustees of districts established under any prior law repealed by
this Act or set forth in subsection (a), and all right, title and
interest in and to property of any type, and all rights and causes of action
existing or vested in trustees of districts created under any prior law, fully
vests in the trustees elected or appointed under this Act.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-20)
Sec. 1-20. 
		Violations of district ordinances; penalties.
(a) A person who violates an ordinance of a district that provides for
a penalty is guilty of a petty offense and shall be fined not less than
$25 nor more than $100 for each offense.
(b) All actions for violations shall be governed by and
processed as in the case of violations of municipal ordinances.
(c) All fines for violations of ordinances involving injury to or failure to
return any book, material, or property belonging to the library shall be paid
into the Library Fund established under Section 35-25.  All fines and penalties
for the commission of injury upon the library or the grounds or other property
of the library shall be paid into the fund of the public agency or body
enforcing those ordinances.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-25)
Sec. 1-25. 
		Confidentiality of records. 
		Each library
subject to this Act is subject to the provisions
of the Library Records Confidentiality Act.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-30)
Sec. 1-30. 
		Notice.
(a) Notice of elections and referenda shall be given in the manner
provided by the Election Code.
(b) Whenever notice must be given by any other provision in this Act, the
notice shall be given by publication once in one or more daily or weekly
newspapers published or circulated in the district or, where no such newspaper
is published or circulated in the district, by posting 10 copies of the notice
in conspicuous places within the district as far separated from the others as
is conveniently possible. All notices shall be given at least 30 days before
the hearing or other matter being publicized by the notice unless otherwise
provided in this Act.  A copy of the notice shall in each case be posted
at the library operated by the district.  When the district does not operate
a library, a copy of the notice shall be posted at another public place
specified by ordinance.
(c) The notice of a referendum for establishment of, annexation
to, or inclusion within a district, transfer of territory to or from a
district, or merger of districts must include a map of the district and a legal
description of the district and must indicate the territory sought to be
annexed, included, transferred, or merged. If the territory sought to be
annexed, included, transferred, or merged encompasses the same territory as an
existing incorporated town, township, or county, the description of the
proposed district shall be by reference to that entity.
(d) Copies of all notices must be filed with the secretary of the district.
When an election to establish a district is sought by the petitioners, copies
of all notices must be filed with the petitions for the proposed district to be
formed under Sections 5-10 through 5-30.  When a municipal or township library
is affected, copies of all notices must be filed with the mayor or
president of each municipality, or with the supervisor of each township, that
lies entirely or partially within the district or proposed district.
(e) Copies of a notice of a petition filed with a circuit court for
conversion of a public library to a library district shall be filed by
the petitioners as follows: when a municipal library is affected, with the
mayor or president of any municipality affected; when a township library is
affected, with the supervisor of the township affected; or when a county
library is affected, with the county board of the county affected.
(f) For the purpose of sending notice and for other purposes as
required by this Act, the official mailing address for a library that
contracts with another library for certain services is the official mailing
address established by
the library facility where the services are provided.
(g) Notices mailed to owners of real estate within a district or
proposed district or to voters shall be effective upon deposit in a United
States Post Office mailing facility, postage prepaid, correctly addressed
to the proper person.
(Source: P.A. 89-188, eff. 7-19-95.)
(75 ILCS 16/1-35)
Sec. 1-35. 
		Election and referendum procedures.
(a) Elections and referenda provided for in this Act shall be conducted
at the time and in the manner provided by the Election Code.
(b) The Election Code shall govern elections under this Act, except that
provisions relating to political parties shall not be applicable to elections
under this Act, which shall be nonpartisan.
(c) The canvass of votes cast at an election under this Act shall be as
provided in Section 22-17 of the Election Code.  The board of trustees
shall act as the canvassing board.
(d) If a candidate for the office of trustee dies before election day and is
nevertheless deemed elected, then the candidate on the ballot who receives the
next highest vote as compared with those votes cast for the deceased candidate
shall be deemed elected. If there is no such other candidate, there shall be a
vacancy.
(e) In the event of a tie vote in an election on a proposition, the
proposition shall fail.
(f) Any qualified voter in the district may contest the election
of any person to the office of trustee or the announced results of a referendum
within 30 days after the date of the election or referendum by commencing an
appropriate action in the circuit court of the
county that contains all or the larger portion of the district.
(g) The court costs and legal costs
incurred by the district involving an election contest shall be borne
by the district unless otherwise specified in this Act, but the expenses
incurred by any voter contesting any election shall not be an expense of the
district.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-40)
Sec. 1-40. 
		Ordinances.
(a) The contents, date of enactment, date of publication or posting, and
effective date of every district ordinance shall be determined from the records
of the district secretary and may be proved by the secretary's certificate
under the district seal. The secretary's certification shall be as provided in
Section 1-109 of the Code of Civil Procedure.
(b) Every ordinance shall contain an effective date, which shall be no
later than 60 days after the date of enactment.
(c) Every ordinance shall be numbered serially and shall be identified by
that number and the date of enactment.
(d) Every ordinance shall be posted in a public area of the district library
building within 3 days after the date of enactment and shall remain posted for
14 days.
(e) The district secretary shall maintain a certified copy of
every district ordinance at the library operated by the district and shall make
those copies available for public inspection.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-45)
Sec. 1-45. 
		Continued effectiveness of ordinances and regulations. 
		All
ordinances and regulations of a district shall continue in full force and
effect until amended or repealed, notwithstanding the enactment of this
Act.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-50)
Sec. 1-50. 
		Captions. 
		Article and Sec. captions in this Act are a part
of this Act but shall not limit, govern, or modify the meaning or intent of
other provisions of this Act.
(Source: P.A. 87-1277.)
(75 ILCS 16/1-55)
Sec. 1-55. Compliance with ITAP requirements. A library district must comply with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois concerning the Illinois Transparency and Accountability Portal (ITAP). A library district may not submit employment information for the ITAP in a manner that is inconsistent with the requirements of Section 405-335 of the Department of Central Management Services Law of the Civil Administrative Code of Illinois.
(Source: P.A. 98-246, eff. 8-9-13.)