TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.10 DEFINITIONS
Section 3050.10 Definitions
"Closest
public library" means a participating public library that issues
non-resident library cards that meet the conditions of Section 3050.25. The
closest public library for the non-resident shall be determined by the location
of a participating public library.
"Commonality
of community interests" means activities involving, but not limited to,
education, retail, commercial, cultural, civic, health facilities, financial
institutions and recreation.
"E-Resources" means
materials in a digital format that are accessible electronically. E-resources
may be created or acquired for providing library services. Examples include,
but are not limited to, e-journals, e-books, electronic database collections, and
downloadable audio or video files.
"Non-resident"
means an individual residing in Illinois whose principal residence is not within
the public library service area.
"Non-resident
library card" means the library card purchased by an individual residing
in an area not taxed for public library service from a participating public
library.
"Participating
public library" means the public library whose board of trustees
authorizes the issuance of non-resident library cards.
"Public
library" has the definition ascribed at 23 Ill. Adm. Code 3030.110.
"Public
library service area" means the legal territory served by the public
library.
"School
district" means high school district, grade school district, or unit
district.
"Student", for purposes
of this Part, means an individual whose principal residence is not within a
public library service area and who is currently enrolled in a public or
private school (PK-12) or who is a homeschool student who is 18 or under and
has not graduated from high school.
"Veteran" means an
Illinois resident who has served as a member of the United States Armed Forces
on active duty or State active duty, a member of the Illinois National Guard,
or a member of the United States Reserve Forces who has received an honorable
discharge.
(Source: Amended at 45 Ill. Reg. 9538,
effective July 19, 2021)
 | TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.20 PUBLIC LIBRARY RESPONSIBILITIES
Section 3050.20 Public
Library Responsibilities
a) The public library board of trustees shall annually take
action to decide whether to issue non-resident library cards during the ensuing
12 months. At that time, the non-resident library card fee formula and fee, if
applicable, to be used will be determined and adopted.
b) The public library board of trustees shall notify the regional
library system within 30 days after the action taken and effective dates and
fee formula as determined in this Part.
c) The participating public library shall continue to honor the
non-resident library cards issued by the library for the full term of purchase.
d) Participating public libraries shall cooperate with other
participating area public libraries and the regional library system and
adjacent regional library systems to determine the appropriate non-resident
service areas as stated in Section 3050.25.
e) Nothing in this Part requires a public library to participate
in the non-resident library card program. Non-participation in the non-resident
library card program does not preclude a public library from applying for and
receiving grant funds from the Illinois State Library as long as the public
library complies with requirements of the specific grant program.
(Source: Amended at 44 Ill. Reg. 2010, effective January 7, 2020)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.25 APPLYING FOR A NON-RESIDENT LIBRARY CARD
Section 3050.25 Applying for
a Non-Resident Library Card
a) A non-resident shall apply for a non-resident library card at
the closest public library. The factor for determining the closest public
library shall be the residence of the non-resident. Non-residents shall apply
at the participating public library in the school district in which the
non-resident has his or her principal residence unless, due to the commonality
of community interests, library services at another library that is physically
closer may better serve the needs of the non-resident.
b) If there are two or more public libraries in the school
district in which a non-resident resides, the participating public libraries in
that school district, in cooperation with the applicable regional library
systems, shall determine the appropriate library service area for non-residents
to make application for a non-resident library card.
c) If there is no participating public library in the school
district in which the non-resident resides, the applicable regional library
systems that serve the school district shall, in cooperation with participating
libraries in the general area of the school district, determine the
non-resident service area. The factor to be used for determining a
non-resident service area shall be the commonality of community interests that
influence the activities of all the residents of the service area.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.30 REGIONAL LIBRARY SYSTEM RESPONSIBILITIES
Section 3050.30 Regional
Library System Responsibilities
a) The regional library systems, by September 1, 2002, shall
submit to the Illinois State Library, and post on their Internet sites, the
names of participating and non-participating public libraries. During this
period, the regional library systems shall assist public libraries in complying
with Section 3050.25 of this Part.
b) Beginning in 2003, the regional library systems shall submit
the names of participating and non-participating public libraries as of July 1
of each year in the annual report to the Illinois State Library. The report
shall include the action public libraries take in compliance with Section
3050.20(a) of this Part.
c) The regional library systems shall maintain an up-to-date list
on their Internet sites of participating and non-participating public libraries
and the effective dates of the 12 month period. This list shall also be
available in print upon request and available for public inspection at the
regional library system headquarters.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.40 OPTIONS FOR NON-RESIDENT LIBRARY CARDS
Section 3050.40 Options for
Non-Resident Library Cards
a) The public library board of trustees' policy for service to
non-residents, including a description of the public library's service areas
and methods of calculating fees (if the library participates), shall be
available for public inspection at the library.
b) A valid non-resident library card shall accord the
non-resident cardholder all the services the issuing public library provides to
its residents including reciprocal borrowing privileges.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.45 E-RESOURCES TO NON-RESIDENTS
Section 3050.45 E-Resources to Non-Residents
a) The
public library board of trustees may annually take action to offer
non-residents access to E-Resources, free of charge.
b) E-Resource
access does not allow the non-resident to:
1) checkout
traditional circulating items;
2) access
interlibrary loan services; or
3) access
the collections of other libraries in the State.
c) The
non-resident shall apply for access to E-Resources as stipulated in Section
3050.25.
(Source: Added at 45 Ill. Reg. 9538,
effective July 19, 2021)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.50 CRITERIA FOR NON-RESIDENT LIBRARY CARDS
Section 3050.50 Criteria for
Non-Resident Library Cards
a) The non-resident library card issued by a participating public
library should include, at a minimum, the name of the library; the expiration
date of the non-resident library card; and the words "Non-Resident".
The non-resident library card shall be issued for 12 months subject to the
exemptions in Section 30-55.60 of the Public Library District Act of 1991 [75
ILCS 16/30-55.60] and the Illinois Local Library Act [75 ILCS 5/4-7(8)].
b) A local use only card may not be issued to a non-resident
whether or not a library participates in the non-resident library card program.
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.60 NON-RESIDENT FEE FORMULA
Section 3050.60 Non-Resident
Fee Formula
A public library can use three
options to determine its non-resident fee according to the formula
established by the Illinois State Library [75 ILCS 5/4-7(12) and
16/30-55.60]. In subsections (a) and (b), the non-resident fee shall be
equitable and proportionate to the fee paid by residents.
a) General Mathematical Formula
1) To determine the minimum non-resident fee, a local library
should divide the library income from public property tax sources or its
equivalent by the local population to determine the cost of service per
capita. In the case of endowed libraries that receive no income from local tax
sources of any kind and meet the requirements for library system membership,
the endowed library may determine the minimum non-resident fee by dividing the
amount of income it receives from non-tax sources that is required to qualify
for per capita grants provided in Section 8.1 of the Illinois Library System
Act by the local population to determine the cost of service per capita. All
public libraries should then multiply the per capita figure by the average
number of persons per household in the community to obtain the average cost per
household on which to base a fee for a family card. The most recent federal
census information available shall be used in determining population and
household size.
2) Library income from local property tax sources excludes State
and federal funds.
b) Tax Bill Methods
1) Non-Resident Taxpayer: The library tax rate or equivalent,
including all special levies, is applied to the non-resident property owner's
principal residence assessed valuation on an individual, case by case basis.
The most recent property tax bill will be used. The property owner will pay
the same amount as would be paid if the property were in the library service
area.
2) Non-Resident Renter: The library shall either charge a minimum
of 15 percent of the monthly rent as the annual non-resident fee, or devise its
own formula. The local formula shall take into account the average local rent
of the general community of the public library, the property tax rate, and the
non-resident fee for residential homeowners. The library board shall annually
determine the percent to be applied to non-resident renters. The renter shall
provide to the public library a current rent receipt or a cancelled rent check
for verification purposes.
c) Adoption of the Average Non-Resident Fee in the System Area
1) In public library service areas with a disproportionately
large share of the property valuation in agricultural, industrial, mining,
commercial or other non-residential property, the library board of trustees may
ask the Director of the Illinois State Library for authorization to adopt as
its non-resident fee the average non-resident fee in the system in which the
library is located.
2) This exception is not a general alternative to the formula and
will apply only under the conditions stated in subsection (c)(1), with the
approval of the Illinois State Library.
d) Veterans
Disability Exemption
1) The
non-resident fee shall not apply to veterans with a service-connected
disability of at least 70% who are exempt from paying property taxes on their
primary residence.
2) The
non-resident fee shall not apply to the unmarried surviving spouse of a veteran
who qualified for this exemption prior to death.
3) The
non-resident fee shall not apply to an unmarried surviving spouse of a service
member killed in the line of duty.
4) Qualifying
veterans or surviving spouses must present documentation from the county where they
reside that indicates their residence is exempt from paying property taxes.
5) The
non-resident fee shall not apply to veterans with a service-connected
disability of at least 70% who do not own their principal residence and who
reside outside of a public library service area. The veteran shall present
documentation of at least 70% disability from the U.S. Department of Veterans Affairs
when applying for their non-resident card.
(Source: Amended at 45 Ill. Reg. 9538,
effective July 19, 2021)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.70 NON-RESIDENT PROPERTY OWNER AND LEASEE
Section 3050.70 Non-Resident
Property Owner and Leasee
a) The non-resident fee shall not apply to a non-resident who,
as an individual or as a partner, principal stockholder, or other joint owner,
owns or leases property that is taxed for library service or is a senior
administrative officer of a firm, business, or other corporation owning taxable
property within the district, upon presentation of the most recent tax
bill on that taxable property. [75 ILCS 5/4-7(12) and 75 ILCS
16/30-55.60(3)]
b) The library card shall accord the non-resident property owner or
non-resident leasee cardholder all the services the issuing public library
provides its residents, including reciprocal borrow privileges.
(Source: Amended at 44 Ill. Reg. 2010, effective January 7, 2020)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.75 CARDS FOR KIDS
Section 3050.75 Cards for Kids
a) Upon
the annual determination by the public library board of trustees to issue
non-resident cards for the ensuing 12 months, the non-resident fee shall not be
charged to students whose principal residence is not within a public library
service area and whose household income makes them eligible to receive free or
reduced price meals under the National School Lunch Program and the National
School Breakfast Program, as determined by Income Eligibility Guidelines
established by the U.S. Department of Agriculture (USDA).
b) When
applying for a non-resident card, a qualifying student must present to the
public library documentation from the school or school district that indicates the
student's eligibility for free or reduced price meals.
c) The
public library shall determine the applicability of the non-resident fee waiver
to all students whose principal residences are not within the public library
service area and whose school or school district operates under the Community
Eligible Provision (CEP) of the National School Lunch and School Breakfast
Programs. When the public library determines the non-resident fee waiver does
not apply to all students attending a school or school district that operates
under CEP, the public library shall create a certification document that at a
minimum includes current household size, current annualized income of that
household, and is signed by an adult representative of the student applicant's
household. The public library shall review the certification document and waive
the non-resident fee for applicants whose documents indicate that they are
eligible for free or reduced-price meals.
d) For
homeschool students, the public library shall create a certification document
that at a minimum includes current household size and current annualized
household income and is signed by an adult representative of the student
applicant's household. The public library shall review the certification
document and shall waive the non-resident fee for applicants whose documents
indicate that they are eligible for free or reduced-price meals.
e) The
student shall apply for a non-resident card at a participating public library
as stipulated in Section 3050.25.
f) The
library card shall accord the student cardholder all the services the issuing
library provides its residents, including reciprocal borrowing. The library
card shall be issued in compliance with any policy or guideline that the public
library board has implemented for issuance of cards to minors.
(Source: Added at 45 Ill. Reg. 9538,
effective July 19, 2021)
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.80 CONTRACTUAL SERVICES
Section 3050.80 Contractual
Services
The rules providing for
non-resident status shall not apply to any person residing in any territory for
which the corporate authority of that territory, or a private corporation, has
contracted for library service on behalf of the residents with a public library
as provided in Section 4-7(8) of the Illinois Local Library Act [75 ILCS
5/4-7(8)] and Section 30-55.40 of the Public Library District Act of 1991 [75
ILCS 16/30-55.40].
| TITLE 23: EDUCATION AND CULTURAL RESOURCES
SUBTITLE B: CULTURAL RESOURCES
CHAPTER I: SECRETARY OF STATE
PART 3050
PUBLIC LIBRARY NON-RESIDENT SERVICES
SECTION 3050.90 STATE MANDATES ACT EXEMPTION
Section 3050.90 State
Mandates Act Exemption
No reimbursement is required by
the State for the implementation of any mandate created by this Part as
provided in Section 8.25 of the State Mandates Act [30 ILCS 805/8.25].
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