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.) |