Section 3030.100  Purpose

 

This Part is established to implement the provisions of the Illinois Library System Act [75 ILCS 10].  The purpose of this Part is to support the program of State grants designed to establish, develop and operate a network of library systems and to encourage cooperation among all types of libraries in the sharing of library resources.

 

Section 3030.110  Definitions

 

"Academic Library" means the library or libraries of an institution of education beyond the secondary level that is recognized by the Illinois Board of Higher Education as either an Illinois academic institution or an out-of-state academic institution with a physical presence in Illinois. 

 

"Act" means the Illinois Library System Act [75 ILCS 10].

 

"Annual Application" means the application a library system submits to the Illinois State Library for a System Area and Per Capita Grant funded in 23 Ill. Adm. Code 3035.100.  The components of the application are in Sections 3030.265 and 3030.345 of this Part.

 

"Automated Discovery Tools" include, but are not limited to, bibliographic library databases, journal databases and image databases and provide access to library and information resources.

 

"Bibliographically Organized Collection" means library materials, regardless of format, are arranged in a logical sequence in accordance with national standards so that individual items can be located.

 

"Bibliographic Library Database" means an automated collection of information about the holdings of one or more libraries.  OCLC and integrated library systems are examples of bibliographic databases.

 

"Branch Library" means a separately located building of a library organization where library materials or services are made available to be borrowed or used by patrons or, in academic libraries, a separate collection or departmental library associated with a specific discipline. 

 

"Certification" means the process by which library system members annually qualify and provide information to the library system and the Illinois State Library about continued eligibility for library system membership.

 

"Core Services" means the basic services, funded by the annual System Area and Per Capita Grant, that are provided by library systems to all full member libraries.  The core services are specified by the State Librarian and addressed in the annual library system application, specified in Sections 3030.265 and 3030.345.  Core services include the areas specified in the library system standards in Sections 3030.215 and 3030.315.

 

"Delivery" means the physical transfer of library materials among full library system members, library systems and the Illinois State Library using vehicles, commercial couriers and/or mail.  Delivery is a core system service.

 

"Developmental Library" means a library that does not meet the requirements for full library system membership as of the effective date of this Part but is eligible for library system communications and assistance from library system staff in addressing full membership as the library works towards full system membership.

 

"Eligible Elector" means a person who is eligible to register and vote, under the provisions of Section 3-1 of the Illinois Election Code [10 ILCS 5], in the geographic area of the library system.

 

"Fees" means those charges, with justification disclosed, in the library system's annual application and approved by the State Librarian prior to implementation.

 

"Full Member" means a library that meets the criteria for full library system membership as specified in Section 3030.200.

 

"Governing Authority" means the body or individual that has the legal authority to enter into contracts on behalf of the institution desiring to become a member of a library system.

 

"Illinois Library Delivery Service" means the statewide vehicular delivery service, funded by the Illinois State Library, that provides delivery to library system headquarters and designated facilities, eligible academic members and the Illinois State Library in order to facilitate the movement of books and other library materials throughout the State, pursuant to Sections 3030.215(d) and 3030.315(d).

 

"ILLINET" means the Illinois Library and Information Network, which consists of the library systems, their full member libraries and the Illinois State Library.

 

"Illinois State Library Advisory Committee" means the statutory advisory committee of the Illinois State Library as specified in Section 5 of the State Library Act [15 ILCS 320].

 

"Integrated Library System" means a bibliographic library database with multiple functions such as acquisitions, bibliographic control, cataloging, circulation, course reserves, media booking, and the patron online catalog.

 

"Interlibrary Loan" means the process by which a library requests material from, or supplies material to, another library. Whether initiated by library staff or patron, the purpose of interlibrary loan is to obtain, upon request of a library patron, material not available in the patron's local library. Circulation of materials between a central library and its branches or within a school district is not considered interlibrary loan.

 

"Library" means an entity that serves the basic information and library needs of its patrons through a bibliographically organized collection of library materials, is open at least 15 hours per week, and is staffed by one or more employees serving as librarians working a minimum of 15 hours per week.  The collection must have ongoing financial support, be accessible centrally, and occupy identifiable quarters in one principal location.  These requirements can be met through contractual services provided by another library.

 

"Local Library System Automation Program" means an integrated library system open to membership by full library system members of all types developed by or receiving financial or in kind support from a library system. 

 

"Multitype Library System" means a library system that meets the requirements of Section (2)(l) of the Act, serving a minimum of 150,000 inhabitants or an area of not less than 4,000 square miles and serving a minimum of 10 or more public libraries, elementary and secondary school libraries, institutions of higher education libraries and special libraries.

 

"Nonresident" means an individual residing in Illinois who does not have his or her principal residence within a public library service area.

 

"Patron" means an individual who is entitled to borrow materials from a specific library by virtue of his or her relationship to the library or its parent institution.

 

"Plan of Service" means how the library system will achieve the objectives and standards of the Act and this Part and includes the items listed in Sections 3030.265 and 3030.345 (Annual Application).

 

"Public Library" means a tax-supported public library established by or as a governmental unit that is authorized to levy a tax for library purposes or supports the library at least in part from local tax revenues.  Such a library is established by a city, village, incorporated town, township, county or library district under the Illinois Local Library Act [75 ILCS 5], the Village Library Act [75 ILCS 40], Division 5-38 of the Counties Code (Public County Library Service) [55 ILCS 5/Div. 5-38], the Village Library Conversion Act [75 ILCS 45], the Library Property Sale Act [75 ILCS 55], and the Public Library District Act of 1991 [75 ILCS 16].  A library that receives no income from local tax sources but does receive on-going income from other sources at least sufficient to qualify for per capita grants provided in Section 8.1 of the Act, and provides library service to the residents of a city, village, incorporated town, township or county through contractual agreement, may also be considered a public library.

 

"Public Library System" means a public library that serves a city of over 500,000 population and is established as a public library system under the Act.

 

"Reciprocal Access" means how the resources of all full member libraries of a library system are made available to all library patrons in the system area. Reciprocal access benefits should be imposed equally among all reciprocal access patrons and can include interlibrary loans, photocopy service, reference service, use of library materials on site, and other services.  The library governing authority may approve reasonable restrictions, applied equally among all reciprocal access patrons, for services such as computer access, library programs and meeting room use in accordance with the library system's resource sharing plan.

 

"Reciprocal Borrowing" means the right of a person who holds a valid, in-good-standing library registration card from a full member public library to borrow materials on site from other library system full member public libraries under the same conditions that the library provides those materials to its patrons, subject to reasonable restrictions approved by the library's governing board in accordance with requirements of the library system's resource sharing plan and this Part.  The term "reciprocal borrowing" encompasses "Statewide Reciprocal Borrowing" and "System-wide Reciprocal Borrowing", which are also defined in this Section. 

 

"Resource Discovery Tools" means library research software that allows a library user to search multiple web-based electronic resources simultaneously and bring back usable search results.

 

"Resource Sharing" means making the collections of one library available to the patrons of another library efficiently and effectively. Resource sharing encompasses the technical capabilities, staff expertise and policies necessary to achieve that objective.  Resource sharing incorporates activities related to automated discovery tools (including bibliographic library databases), collection management, bibliographic description, delivery, interlibrary loan, reciprocal access and reciprocal borrowing.  Resource sharing is a core system service.

 

"School Library" means the library or libraries of an elementary and/or secondary school district, or private elementary and/or secondary schools under a single governing authority.

 

"Shared Bibliographic Database" means a bibliographic library database used jointly by more than one library.

 

"Shared Integrated Library System" means a bibliographic library database, shared by more than one library, with multiple functions such as acquisitions, bibliographic control, cataloging, circulation, course reserves, media booking and the patron online catalog.

 

"Special Library" means a library with a unique collection or specialized services recognized by the Illinois State Library that does not meet the definition of academic, public or school library.

"State Librarian" means the Illinois Secretary of State.

 

"Statewide Reciprocal Borrowing" means the right of a person who holds a valid, in-good-standing library registration card from a full member public library to borrow materials onsite from other participating full member public libraries of any other Illinois library system under the same conditions that the library provides those materials to its patrons, subject to reasonable restrictions approved by the library's governing board in accordance with requirements of the reciprocal borrowing policy of the library system of which the public library is a member and this Part.  Public library participation in statewide reciprocal borrowing is optional.  See also "Reciprocal Borrowing" and "System-wide Reciprocal Borrowing" definitions in this Section.

 

"Suspended Library" means a library whose system membership is terminated by the library system board with concurrence by the State Librarian. 

 

"System Administrative Headquarters" means the facility that is identified by the system as its administrative headquarters.

 

"System Area and Per Capita Grant" means the annual grant, if appropriated, that is awarded to library systems based on the population and square miles served according to Section 8 of the Act, after acceptance of the annual application by the Illinois State Library.

 

"Systemwide Reciprocal Borrowing" means the right of a person who holds a valid, in-good-standing library registration card from a full member public library to borrow materials on site from other library system full member public libraries of the same library system to which their library belongs under the same conditions that the library provides those materials to its patrons, subject to reasonable restrictions approved by the library's governing board in accordance with requirements of the library system's reciprocal borrowing policy and this Part.  See also "Reciprocal Borrowing" and "Statewide Reciprocal Borrowing" definitions in this Section.

 

Section 3030.200  Membership in a Multitype Library System

 

a)         Libraries may apply for full membership in a library system at any time.  The library system may not charge an application fee to the applying library or an annual membership fee. As part of the application process, a site visit by a system staff member to the applicant library is required.  Membership criteria specified in this Section must be met by applicants.

 

1)         Upon recommendation of the library system board of directors, the State Librarian shall review the recommendation of the library system board in approving an application of a library for full membership in a library system when the library is located within the geographic boundaries of the library system and meets the following criteria for membership:

 

A)        A library applying for membership in a library system shall be an entity that meets the definition of "library" in Section 3030.110 and the definition of academic, public, school or special library.

 

B)        A public library that is applying for membership in any library system shall meet the definition of public "library" in Section 3030.110 and shall meet the financial requirements for State per capita grants to public libraries as stated in Section 8.1 of the Act.

 

C)        A public school district that is applying for membership in any library system shall meet the requirements for school library grants specified in Section 8.4 of the Act.  The governing authority of an elementary/secondary or consolidated school district or the governing authority of private elementary and/or secondary schools shall authorize the application for system membership.

 

D)        The governing authority of an academic institution recognized by the Illinois Board of Higher Education shall authorize an application for its academic library. 

 

E)        The governing authority of a special library shall authorize the application for library system membership.  The applicant library shall agree to participate in interlibrary loan. 

 

F)         In special circumstances, the library system board may, with concurrence from the State Librarian, accept libraries as full members with special noncirculating research collections.

 

2)         Once membership status is approved, the following requirements apply to all full members except when otherwise specific in this subsection (a):

 

A)        The library is entitled to the library system services for which it meets system requirements.

 

B)        The library shall meet the primary information needs of the library's primary clientele. The library shall build and maintain collections of books, serials, media and electronic resources sufficient to meet the needs of its primary clientele.

 

C)        The library must comply with the ILLINET Interlibrary Loan Code (see Exhibit A), making its collection available via interlibrary loan.  The library shall share its collection with the patrons of other full member libraries as freely and easily as permitted by law, this Part and the system resource sharing plan, treating patrons of all other libraries the same.  To facilitate resource sharing, the library shall publish its lending and borrowing policies in all appropriate directories.  The library shall provide sufficient staff to fulfill interlibrary loan requests and prepare materials in compliance with system delivery policies and practices.  An exception to compliance with the code may be granted by the State Librarian and library system to special research libraries with noncirculating collections.

 

D)        The library shall participate in appropriate resource sharing training provided or facilitated by the library system staff or the Illinois State Library.

 

E)        The library shall provide reciprocal access to its library resources, according to the library system's resource sharing plan.

 

F)         A public library member shall provide reciprocal borrowing to registered patrons of other public libraries who are full members of the same Illinois library system.  Public libraries shall circulate various materials to eligible reciprocal borrowers under the same conditions that they circulate those materials to their own patrons.  Limitations in reciprocal borrowing, if any, must not exceed limitations approved in the system's resource sharing plan and must be imposed equally among all reciprocal borrowing patrons.  If the library participates in the nonresident program, the library shall honor library cards issued to nonresidents by participating public libraries within the same system.

 

G)        The library is eligible to vote for representatives on the library system Board of Directors, and a representative of the library may serve on the library system Board of Directors.

 

H)        The library shall participate in the system decisionmaking process through involvement in meetings, responding to surveys, board membership and serving on committees.

 

I)         The library shall complete, on an annual basis, the certification process required for library system membership. 

 

J)         A public library shall complete the public library annual report required in Section 7 of the State Library Act.

 

K)        A public library member shall regularly assess possibilities for library service to adjacent unserved areas, if any.

 

L)        The library shall evaluate its need for upgrades to automated discovery tools. 

 

M)       The library shall consider participation in a Local Library System Automation Program in order to readily expand access to resources for the library's patrons.  A library participating in a shared integrated library system shall be responsible for all policy and assessed financial requirements associated with participation in the program.

 

N)        The library shall, within seven years from the effective date of this Part, evaluate and report to the library system regarding the library's plans to provide and maintain access to its new acquisitions via a Local Library System Automation Program or a shared bibliographic database, if such access is not already available via a shared database.

 

O)        The library shall complete the Illinois State Library's annual survey of interlibrary loan traffic by the specified deadline.

 

P)         The library shall abide by established system policies for the resolution of problems and conflicts associated with resource sharing.

 

Q)        The library shall comply with all applicable State statutes and administrative rules, and with the system's bylaws, policies and plan of service.

 

R)        Violations of any of the requirements of subsection (a)(2) may be grounds for suspension of system membership.

 

b)         Phasing Out of Developmental Library Membership Status

 

1)         No applications for new developmental libraries shall be approved, as of the effective date of this Part.

 

2)         Existing developmental libraries, as of the effective date of this Part, will have a maximum of five years to meet the full membership criteria.

 

3)         All developmental libraries shall complete, on an annual basis, the certification process required by the State Librarian.  Each year, as part of the annual certification, the library shall submit a developmental progress plan, for review by the library system and State Librarian, that sets forth the library's annual goals and explains how the library will meet the criteria for membership in the library system.  The library system board and the State Librarian will review the progress plan and make a joint determination about whether progress has been made and if membership criteria specified for full member libraries has been reached.

 

4)         Failure to make annual progress or failure to address full membership criteria by the end of the five consecutive years will be grounds for suspension of system membership as specified in Section 3030.205. 

 

5)         A developmental member library is eligible for library system communications and assistance from library system staff in addressing full membership criteria.

 

6)         A developmental library is entitled to apply for specified grants (see 23 Ill. Adm. Code 3035). 

 

7)         Representatives from developmental libraries are not eligible for system board seats.

 

c)         No other category of system membership is recognized.

 

Section 3030.205  Changes in Multitype Library System Membership Status

 

a)         The State Librarian shall recognize the existing status of system membership as of the effective date of this Part.

 

b)         Changes in membership status may be a result of voluntary withdrawal by a member library, library closure, failure of a developmental library to address full membership status, suspension of a member library for failure to meet certification requirements, or failure of a library to meet membership requirements of this Part or the requirements of the system policies, as approved by the State Librarian.

 

c)         If a library no longer qualifies as a developmental library and has not gained full membership, the library can reapply for system membership as a full member library at any time. 

 

d)         If a library no longer meets certification requirements as a full member or fails to address system membership requirements, the library can reapply for system membership as a full member library at any time.

 

e)         A system must submit notification of any change in a library's membership status and shall request approval in writing from the Illinois State Librarian for any change in membership status.  This notification shall be to the State Librarian and shall be submitted within seven business days after the system board's action regarding the member library's status.   The letter from the State Librarian stipulating the change in membership status will specify the effective date.  The library system shall also notify library system members and other library systems of the suspension for delivery, reciprocal borrowing, interlibrary loan, Local Library System Automation Program participation and other system services.

 

f)         The membership of libraries that fail to meet annual certification requirements, as specified in this Part, will be terminated as of July 1 of the current calendar year if membership requirements are not met by that date.  All system services shall cease, including participation in a Local Library System Automation Program.

 

g)         Membership will terminate immediately for libraries that close or request to drop system membership.  The library or its governing authority should send a letter to the library system director, with a copy to the Illinois State Library director, formally withdrawing from system membership. 

 

h)         Within 60 days from withdrawal of membership from a library system, all materials and equipment purchased with library system headquarters funds and on deposit at the withdrawing library shall be returned to the system administrative headquarters.

 

Section 3030.210  Establishment of Systems

 

If it shall appear to the satisfaction of the State Librarian that the establishment of a library system will result in improved library service, he or she shall approve the application as specified in Section 4 of the Act. 

 

Section 3030.215  Standards for Core Services to Members

 

a)         Administration

 

1)         The library system shall develop an annual operational plan with input from members that addresses the specified standards for core services.  The operational plan shall be submitted to the Illinois State Library as part of the application specified in Section 3030.265.

 

2)         The library system shall ensure that all system members have opportunities for input into or to comment on planning and evaluation activities, such as system plans of service, plans of cooperation, long-range plans, and program designs, including budgetary information, before the plans are finally adopted.

 

3)         The library system shall designate staff to fulfill the roles specified in this Part.  One staff member can fulfill various roles.  Staffing designations include:

 

A)        Membership, including recordkeeping, member directory, application review, certification support and consultation as specified in subsection (a)(4).

 

B)        Bibliographic access as specified in subsection (c)(7).

 

C)        Training in resource sharing processes and procedures for member libraries.

 

D)        Consulting and continuing education assistance to member libraries in understanding and complying with applicable State statutes and administrative rules, and with the system's bylaws, policies and plan of service, and any additional consulting and/or continuing education services that may be approved by the State Librarian.

 

E)        Oversight of system-wide delivery.

 

F)         Coordinating system-wide resource sharing, including interlibrary loan, reciprocal access and reciprocal borrowing.

 

G)        Communications to system members.

 

H)        Publication of the names of participating and non-participating public libraries in the non-resident program, per the requirements of Public Library Non-Resident Services (23 Ill. Adm. Code 3050.30).

 

4)         Membership

 

A)        The system shall designate staff to actively maintain accurate system membership information, including up-to-date directory information of library system members on the Illinois State Library specified web site. 

 

B)        The system shall designate staff to administer and act upon system membership applications as detailed in Section 3030.200.

 

C)        The system shall designate staff to provide member library support and promotional activities during the annual library certification process.

 

D)        The system shall designate staff to work with libraries, other library systems and the Illinois State Library on membership-related issues and questions.

 

5)         Provide the essential information technology infrastructure in-house to carry out the system standards.

 

6)         Promote the use of State procurement contracts by system members and pursue other collaborative purchasing agreements for the benefit of members when State group purchasing opportunities do not address member needs.

 

b)         General Resource Sharing Standards

 

1)         Work cooperatively and collaboratively with member libraries, other systems and their member libraries, and the Illinois State Library to maintain and strengthen resource sharing and to coordinate resource sharing efforts, including addressing interlibrary loan responsibilities as specified in the ILLINET Interlibrary Loan Code (see Exhibit A). 

 

2)         Participate in meetings convened by the Illinois State Library to develop and share best practices and innovations in resource sharing. 

 

3)         Establish a mechanism for resolving disputes over resource sharing, including the mediation of reciprocal borrowing and interlibrary loan requests, fulfillment problems, and the damage or loss of materials.

 

4)         Provide training to member libraries on resource sharing processes and procedures.

 

c)         Bibliographic Access Standards

 

1)         Encourage full member libraries to participate in a Local Library System Automation Program.  Only full member libraries are eligible for Local Library System Automation Program participation; developmental libraries and non-system members cannot participate.  Systems should work collaboratively to eliminate existing restrictions on participation by full members in shared automation programs. The Local Library System Automation Program resource sharing plan shall be in compliance with the system resource sharing plan.

 

2)         Explore the potential of emerging integrated library system software and other automated discovery tools that facilitate resource sharing and the creation of a regional and/or statewide Local Library System Automation Program.

 

3)         Develop and strengthen the ability of member libraries' staffs to implement and use currently available and emerging resource discovery tools.

 

4)         Work with member libraries in building and maintaining library collections that meet the primary needs of their patrons.

 

5)         Work with member libraries in organizing library collections using accepted bibliographic methods for cataloging and classification of library materials.

 

6)         Facilitate the development of expertise in the use of resource description, including cataloging and metadata, among member library staffs.

 

7)         Assign a professional staff member to be responsible for the system's bibliographic access activities.

 

8)         Identify how automated online access to unique holdings in member libraries can be provided, including a timetable for achieving access.

 

9)         Work with system members in developing plans for how new acquisitions of all members will be exposed and maintained via a Local Library System Automation Program or a shared bibliographic database as specified in Section 3030.200(a)(2)(N).

 

d)         Consulting and Continuing Education Standards

 

1)         The system shall designate staff to provide consulting and continuing education assistance to member libraries in understanding and complying with applicable State statutes and administrative rules and with the system's bylaws, policies and plan of service.  The assistance provided may be in response to member-initiated inquiries or in organized group training sessions.

 

2)         The library system shall present a written plan with accompanying budget for additional consulting and/or continuing education services based on members needs and input.  At a minimum, the plan should address services in the areas of library advocacy, management and practice.

 

e)         Delivery Standards

 

1)         Provide for the equitable and consistent delivery of library materials to full member libraries to fulfill patron requests.

 

2)         Provide delivery via methods including, but not limited to, library system delivery; Illinois Library Delivery Service; electronic; commercial delivery services; and U.S. Postal Service. 

 

3)         Designate a staff person to coordinate system-wide delivery.

 

4)         Provide a vehicular delivery service to deliver materials to and from member libraries according to the following standards:

 

A)        Provide its own delivery service or contract for delivery service.

 

B)        Coordinate the delivery service with the Illinois Library Delivery Service.

 

C)        Provide basic delivery at no cost to full member libraries with one delivery point per member or community drop-off point provided by the library system.  Expedited, higher frequencies than the established volume levels or some specially requested form of enhanced delivery may incur a charge to the requesting member library.

 

D)        Provide each member library with direct delivery a minimum of two times per week when it needs and requests that delivery. 

 

E)        Determine delivery points and frequency based on criteria including, but not limited to, volume of use (counted both to and from sites), collection strengths and convenience of member libraries. The criteria will be posted and readily available. 

 

F)         Work collectively with other library systems and the Illinois State Library to implement equitable, statewide delivery frequencies and criteria.

 

G)        Ensure that each member library has an option for delivery up to five days per week to a drop-off point.

 

5)         Develop and distribute written system delivery policies and procedures to include as part of the operational plan in the annual application in Section 3030.265.  The policies and procedures shall:

 

A)        Identify delivery methods available and when to use each;

 

B)        Describe delivery schedules and sub-schedules;

 

C)        Identify fixed points for picking up and receiving materials;

 

D)        Describe the mechanism for determining van delivery and locations and deliveries (for example:  poundage, items);

 

E)        Provide  a mechanism for annual review;

 

F)         Describe how the system delivery service interfaces with other library delivery systems through the Illinois Library Delivery Service;

 

G)        Establish uniform policies and procedures to govern problems related to delivery service, including packaging standards and indemnification of suppliers for loss or damage in delivery; 

 

H)        Utilize statewide uniform statistical data-gathering methods;

 

I)         Ensure that its delivery service shall complete the schedule on a consistent and regular basis.

 

6)         Provide training for member libraries on delivery procedures.

 

f)         Resource Sharing Standards:  Reciprocal Access, Reciprocal Borrowing and Interlibrary Loan

 

1)         Designate a resource sharing coordinator to monitor and guide the resource sharing program.

 

2)         Promote reciprocal access and interlibrary loan to all full member libraries and establish policies that support reciprocal borrowing of materials by all full member public libraries.

 

3)         Adopt a resource sharing plan that, as a minimum, shall include:

 

A)        Reciprocal Access

 

i)          a strategy for promotion of reciprocal access among full member libraries of the library system and for establishing policies that support reciprocal access.

 

ii)         how member libraries in the system shall provide reciprocal access, including limitations, if any, that individual member libraries may establish for reciprocal access.

 

B)        Statewide Reciprocal Borrowing

 

i)          a strategy for establishing policies that encourage full member public libraries to participate in statewide reciprocal borrowing.

 

ii)         no library may charge a fee to any statewide reciprocal borrower that is not charged to the library's patrons or system-wide reciprocal borrower unless the fee was in effect on July 1, 2014.

 

C)        System-wide Reciprocal Borrowing

 

i)          a strategy for establishing policies that support system-wide reciprocal borrowing of materials by patrons of all full member public libraries.

 

ii)         the scope of reciprocal borrowing within the system among its full member public libraries, including but not limited to how public libraries shall participate; how other types of libraries can participate in the program; and the types of materials that are covered under reciprocal borrowing.

 

iii)        the requirement that all reciprocal borrowing patrons will be treated the same and that reasonable limitations on quantities of reciprocal borrowing loans shall be allowed only if system-specified parameters are met, as established in the system resource sharing plan.

 

iv)        the definition of a library card valid for purposes of reciprocal borrowing.

 

v)         a mechanism for resolving disputes over reciprocal, borrowing including the damage or loss of materials.

 

vi)        the requirement that the library of a patron who borrows materials from another library through reciprocal borrowing is responsible for lost and damaged materials if the patron does not pay.  The resource sharing plan, however, may allow for alternate means of resolving the loss or damage if the lending library agrees.

 

D)        Interlibrary Loan

 

i)          the ILLINET Interlibrary Loan Code (23 Ill. Adm. Code 3030.Exhibit E) will be followed.

 

ii)         a mechanism for resolving disputes over interlibrary loan issues, including fulfillment problems and the damage or loss of material in accordance with the Code.

 

E)        The resource sharing statistics that the system and member libraries will gather.

 

4)         Address the library system's responsibilities towards non-resident services as specified in 23 Ill. Adm. Code 3050.30. 

 

5)         Work collectively with other multi-type library systems and the Illinois State Library to explore the provision of library service to unserved areas of the State.

 

g)         Other Core Member Services

 

1)         Additional core member services may be designated by the State Librarian.

 

2)         Prior to providing the service, the library system must develop a written plan with accompanying budget for the service.  The plan should address the system's role and member library responsibilities, and shall show evidence of being developed with input from the board and membership.

 

3)         The plan is subject to approval by the State Librarian.

 

Section 3030.225  Geographic Boundaries and Demographics

 

a)         The geographic boundaries of a multitype library system shall be those boundaries approved by the State Librarian.  In setting geographic boundaries, the State Librarian shall place primary importance on the statewide implications for resource sharing, the efficient use of public funds, the impact on affected libraries of all types, and the impact on services provided by the affected library systems. After the primary considerations have been addressed, the State Librarian may also take into consideration such factors as transportation; marketing area; geography; the commonality of community interests, including, but not limited to, education, retail, commercial, cultural, civic, health facilities, financial institutions and recreation; and the boundaries of educational units in the area in making a final determination of the geographic boundary being considered.

 

b)         The area served by a library system must be contiguous, except the public library serving Norridge and Harwood Heights is served by the library system serving the non-public libraries in Chicago.

 

c)         Library system boundaries do not overlap except in the City of Chicago where a multitype library system serves the non-public libraries and the Chicago Public Library System serves the public library and its branches.

 

d)         A public library service area will be wholly within the boundaries of a single library system with the exception noted in subsection (b).  If the administrative headquarters of another type of library is located within the public library service area, the non-public library must belong to the same library system as the public library. 

 

Section 3030.230  Adjustment of the Geographic Boundaries of Multitype Library Systems

 

a)         The State Librarian may direct the Illinois State Library Advisory Committee to review the geographic boundary in a specific area or the existing geographic boundaries for all multitype library systems, whenever one or more of the following conditions are present:

 

1)         There is new demographic information available from a federal census or other sources.

 

2)         Library systems request that the State Librarian review a shared boundary in a specific area of the State.

 

3)         A change in library or library system management practices, governance, funding or technology significantly impacts one of the factors considered in Sections 3030.225.

 

4)         A public library's boundary crosses a system boundary following annexation or a new public library service area crosses system boundaries.

 

5)         The boundary review is scheduled according to the timeframe mandated in Section 14.5 of the Act.

 

b)         The Illinois State Library Advisory Committee will notify libraries and library systems that would be directly affected by a proposed adjustment of a geographic boundary that the boundary is being reviewed and will provide them with the following information:

 

1)         A general description of the boundary adjustment that is being considered.

 

2)         The effect that the boundary adjustment would have on system membership in the area under review.

 

3)         The criteria from subsection (a) that are used to evaluate the proposed boundary adjustment.

 

4)         The date by which comments on the proposal must be received by the Illinois State Library and the address to which comments must be sent.

 

5)         The date, time and location of the meeting at which the Illinois State Library Advisory Committee will discuss the proposed adjustment to geographic boundaries.

 

c)         Each library and library system in the affected area will be encouraged to submit a statement indicating whether there is agreement with the proposed adjustment of the geographic boundary.

 

d)         The Illinois State Library Advisory Committee will review the information that prompted the proposed adjustment, the comments received from potentially affected libraries and library systems, and any other information provided by the Illinois State Library, and will hold a meeting to discuss the proposed adjustments to geographic boundaries.

 

e)         The Illinois State Library Advisory Committee will make a recommendation to the State Librarian on each suggested adjustment to the geographic boundaries of library systems.

 

f)         The State Librarian shall issue a final decision regarding the proposed boundary adjustment after reviewing the recommendation of the Illinois State Library Advisory Committee and any information presented to the Illinois State Library Advisory Committee in accordance with the criteria set forth in Section 3030.225.

 

g)         The State Librarian shall adjust the area and population of the affected library systems at the beginning of the State fiscal year that commences at least eight months after, but no more than 20 months after, the final decision. The system membership changes will take place at that time or earlier, if the library system gaining the members agrees to provide service earlier.

 

Section 3030.235  Mergers

 

a)         Merger of One Multitype Library System into Another Library System

 

1)         In the event that the board of directors of a multitype library system determines to terminate the system in order to merge the service area of the system into another adjoining library system, each board shall poll the member libraries of the system. The library systems must make every effort to publicize the votes widely and in formats accessible to members.  If at least two-thirds of the full member libraries that vote on the issue support the proposed merger in each system area, the board of directors of the affected library systems shall submit an application for merger to the State Librarian stating the intent of the member libraries. The application shall contain:

 

A)        A complete list of all liabilities of the library system to be terminated.

 

B)        A complete list of all assets of the library system, including detailed equipment descriptions.

 

C)        Proposals for distribution of assets and liabilities. The sale of any equipment or real property shall be at the approval of the State Librarian. Every effort shall be made to ensure the equipment continues to be used to provide member services.

 

D)        A plan for orderly transition of system services.

 

2)         The State Librarian will then determine how the assets, liabilities and obligations of the system to be terminated will be allocated to the receiving system, largely based upon percentage of population and area of the terminated system being merged with the receiving system.

 

b)         Merger of Two Multitype Library Systems

 

1)         In the event that the boards of directors of two multitype library systems determine to terminate the systems in order to merge with one another to form a single new system, the boards shall poll the member libraries of the systems.  The library systems must make every effort to publicize the votes widely and in formats accessible to members. If at least two-thirds of the full member libraries that vote on the issue in each library system support the proposed merger, the boards of directors of the library systems shall submit an application for merger to the State Librarian, together with a plan for the creation of the new system. The application shall contain the application items listed in subsection (a)(1), along with the proposed name of the new library system.

 

2)         All distribution of assets and liabilities shall be with the approval of the State Librarian.

 

3)         Upon approving the application, the State Librarian will direct the member libraries in the affected service areas to proceed to form a successor system in accordance with Section 3030.210.

 

Section 3030.240  Liquidation

 

a)         Upon the decision to terminate and to cause liquidation of a system, the library system shall develop the plan of liquidation for approval of the State Librarian. The plan shall contain:

 

1)         A complete list of all liabilities of the library system.

 

2)         A complete list of all assets of the library system, including detailed equipment descriptions.

 

3)         Proposals for distribution of all assets and liabilities.

 

4)         A plan for the orderly transition of system services; and

 

5)         A plan for the orderly disposition of library system records in accordance with the Local Records Act [50 ILCS 205].

 

b)         The sale of any equipment or real property requires the prior approval of the State Librarian. Every effort shall be made to offer equipment items for the continuance of member services.

 

c)         Once the State Librarian has determined that an existing or new library system meets the conditions of this Section, the member libraries within the service area of the liquidating system will be notified that they may apply for membership to a new library system serving that area.

 

d)         The State Librarian shall solicit and consider information regarding proposed boundary adjustments from each of the affected libraries before making the final determination as to the geographic boundaries of the library systems in the area previously served by the liquidating system.

 

Section 3030.245  Revocation of Approval 

 

a)         When the State Librarian finds that a library system is not complying with the Act, this Part or its approved plan of service or has failed to submit an application or reports that meet the requirements of this Part, the State Librarian shall notify the system board in writing of the finding and set a date by which the library system must achieve compliance or submit for approval a plan that will effect compliance. Until the State Librarian's concerns are satisfactorily addressed, area and per capita grant monies may be withheld from the library system in whole or in part, depending on the compliance issue.

 

b)         If the library system board has not adequately addressed the State's requirements by the specified date, the State Librarian may revoke the approval of the system, effective as of the end of the fiscal year in which the conditions are not met.  The State Librarian may then proceed to liquidate the library system as specified in Section 3030.240.

 

c)         If the State Librarian finds that library system appropriations by the General Assembly are diminished to the extent that system services cannot be adequately provided, the State Librarian shall revoke the approval of the library system and proceed to liquidate the library system as specified in Section 3030.240. 

 

d)         An administrative review of the State Librarian's decision to liquidate may be requested pursuant to Subpart D (Appeals Procedures).  If an administrative review is requested and system services cannot be adequately provided by the library system due to severely diminished appropriations by the General Assembly, the library system will operate under the direction of the Illinois State Library until a decision is reached during the appeals process. If the revocation is upheld, the liquidation process in Section 3030.240 will be followed.

 

Section 3030.250  Board of Directors Requirements 

 

a)         The system board of directors shall represent the system members as a whole and not individual libraries or type of library.

 

b)         The system board shall annually review the composition and proportion of the library interests represented on the library board and propose adjustments, if necessary.

 

c)         The system board shall meet a minimum of nine times per year. Meetings of the board and other subsidiary bodies shall be publicized to members and the Illinois State Library to provide an opportunity to attend.  Written records shall be maintained of meetings.  All board  meetings will be held in compliance with the Open Meetings Act [5 ILCS 120].   The library system board is strongly encouraged to include an Illinois State Library staff person, if present, in closed sessions held under the Open Meetings Act.

 

d)         The board shall adopt policies and bylaws in accordance with the Illinois Library System Act and this Part and shall codify and disseminate them.  The system policies and bylaws shall be written and available via the library system web site.  The board shall annually review the policies and bylaws. Policies and bylaws are subject to approval by the State Librarian, as stated in Section 3030.255. 

 

e)         The board shall annually review the statewide membership eligibility and act on certification issues in a timely manner.

 

f)         The board shall act expediently on membership issues.

 

g)         The system board shall employ an executive director, reporting to and accountable to the system board, who shall have a master's degree from an American Library Association-accredited library education program and who has a minimum of five years postgraduate employment that includes a minimum of two years of library administrative experience.  The executive director shall have the authority to hire such other employees as may be necessary, to fix their compensation, and to remove those employees, subject to the approval of the board. Salaries shall be based on a board-approved written compensation plan.

 

h)         The board shall annually evaluate the executive director.  A written evaluation and meeting to discuss the evaluation are required.  The board shall require that staff of the system is evaluated annually in writing.

 

i)          The board shall review facilities and equipment annually to ensure they are appropriate for the program and supporting services.

 

j)          There will be no alternate directors on library system boards.

 

k)         Board members must be eligible electors in the geographical area of the system.

 

l)          The board shall review the results of the communications between system leadership and the Illinois State Librarian concerning the system's annual application and make any required revisions.

 

m)        The board shall review, revise if deemed necessary, and approve the library system application for system funding, and accept the annual audit report, before the information is submitted to the Illinois State Librarian. The audit report shall be reviewed and discussed at a system board meeting with the system auditor.

 

n)         The board shall ensure the library system remains in compliance with federal and State statutory requirements, as well as local ordinances.

 

o)         The board shall ensure, to the best of its knowledge, that the following issues are addressed:

 

1)         The library system shall require that all system members have opportunities for input into or comment on planning and evaluation activities, such as planning documents and program designs, including budgetary information, before those documents are finally adopted.

 

2)         The library system shall maintain communications with other system agencies and the Illinois State Library, sharing information on matters relating to system operations.

 

3)         The library system shall cooperate with other library and non-library agencies on matters of mutual interest and benefit, especially in areas in which contracts or programs of service are effective means of using limited financial resources.

 

4)         The library system, in cooperation with the State Librarian, shall regularly determine the most cost-effective approaches to services and administration.

 

5)         The system staff shall ensure publication of information that affects the membership, including posting meeting agendas, bylaws, minutes, board policies, budget information, annual application, annual report and procedures on the library system web site.

 

6)         The system staff shall keep statistics measuring its services for assessment of system services, including how the standards for core services are met.

 

Section 3030.255  Board of Directors Policies

 

a)         Policies and bylaws adopted by the library system boards for the governance of library systems shall be filed with the Illinois State Library. Policies should cover, at a minimum, the following areas of system operations:

 

1)         Fiscal accountability;

 

2)         Personnel;

 

3)         Core services as specified in Section 3030.215;

 

4)         Technology, including plans for updating technological equipment and software and security measures to safeguard electronic financial information, employee data and other records.

 

b)         All library system policies and bylaws shall be in accordance with State law and subject to approval by the State Librarian.

 

c)         Each library system shall adopt, post on its web site and submit to the Illinois State Library a copy of policies that regulate activities of the library system in a manner no less restrictive than as follows:

 

1)         Contracts and Purchasing

 

A)        Purchases of $25,000 or More

 

i)          All contracts for supplies, materials or work involving an expenditure of $25,000 or more, other than professional services, shall be awarded to the lowest responsible bidder, after advertisement at least once in a newspaper or newspapers of general circulation within the area of the library system, not less than 14 days before the bid date.

 

ii)         All competitive bids for contracts involving an expenditure of $25,000 or more must be sealed by the bidder and must be opened by a board member or employee of the library system at a public bid opening at which the contents of the bids must be announced. Each bidder must receive at least 3 days' notice of the time and place of the bid opening.

 

iii)        The library system board of directors may reject any and all bids and re-advertise.  The system shall not be required to accept a bid that does not meet the library system's established terms of delivery, quality and serviceability.

 

iv)        When the emergency expenditure is approved by ¾ of the members of the library system board of directors, a contract can be let without advertising for bids. When possible, emergency purchases shall be made on the basis of three informal competitive quotations.

 

B)        Purchases of More Than $5,000 but Less Than $25,000. Any purchase by a library system for services, materials, equipment or supplies, other than professional services, with a value greater than $5,000 but less than $25,000 shall be made, whenever feasible, on the basis of three or more informal competitive quotations.

 

C)        Governmental Agencies. The requirement to advertise for bids does not apply to contracts for goods or services procured from another governmental agency.

 

D)        Professional Services. Contracts that, by their nature, are not adapted to award by competitive bidding, such as contracts for the services of individuals possessing a high degree of professional skill when the ability or fitness of the individual plays an important part, contracts for utility services such as water, light or heat, contracts for the use, purchase, delivery, movement or installation of data processing equipment, software or services, telecommunications and interconnect equipment, software or services, contracts for duplicating machines and supplies, contracts for goods or services procured from another governmental agency, purchases of equipment previously owned by some entity other than the district itself, and contracts for the purchase of magazines, books, periodicals, pamphlets and reports are not subject to competitive bidding.

 

2)         Conflict of Interest. No library system employee, nor the spouse or minor child of a system employee, may be in any manner financially interested directly in his or her own name or indirectly in the name of any other person, association, trust or corporation in any purchase or lease contract entered into by the system. This provision shall not apply if the purchase or lease contract is with a person, firm, partnership, association, corporation or cooperative association in which the interested employee, the employee's spouse, or the employee's minor child has less than a 7.5 percent share of the total distributable income. Any purchase or lease contract entered into by the system with an employee, the employee's spouse, or minor child before the start of the employee's employment with the system in which the employee, spouse, or minor child has a pecuniary interest is voidable if it cannot be completed within 365 days after the employee is employed.

 

3)         Travel Expenditures. It is the policy of the system to reimburse full and part-time employees and members of the library system board of directors for reasonable authorized expenses incurred by them in the performance of their duties. The library system board of directors shall develop a policy for the control of travel sufficient to prevent obligation of funds exceeding budget limitations and to hold travel to the minimum required for the efficient and economical conduct of the library system's business. The policy for the control of travel established by the library system board of directors shall include a description of the library system's travel approval process, allowable transportation expenses, non-reimbursable expenses, and rates of reimbursement for mileage, including automobile, air and train; per diem/meals; and lodging. Travel reimbursements shall follow federal travel regulations (FTR) promulgated by the U.S. General Services Administration (41 CFR 300-304).

 

4)         Secondary Employment. The board shall approve and regularly review a policy on secondary employment for system employees. No library system employee may accept employment that may cause a conflict of interest or infringe on official work time with the library system.

 

(Source:  Amended at 46 Ill. Reg. 14771, effective August 22, 2022)

 

Section 3030.260  Finances and Records 

 

a)         The fiscal year for the library system shall begin July 1 and end on June 30.

 

b)         The board of directors of the library system shall:

 

1)         Maintain all financial records at the library system administrative headquarters.

 

2)         Review monthly financial reports.

 

3)         Conduct an annual audit of the records of the library system for the preceding fiscal year by an independent certified public accountant and make copies of the audit available to the State Librarian on or before September 30 following the end of the fiscal year. Audits shall be conducted in accordance with "Government Auditing Standards, 2011 Revisions", if applicable, published by the Comptroller General of the United States, Government Accountability, 441 G Street NW, Washington DC 20548. The material incorporated by reference includes no later amendments or editions.

 

4)         Account for all funds of the library system by expenditure, encumbrance or reserves as of June 30 of each year.

 

5)         Adopt, prior to July 1 of each year, an annual budget for the ensuing fiscal year in a form prescribed by the Illinois State Library.  The annual budget shall be submitted to the State Librarian as part of the annual application cited in Section 3030.265.

 

6)         Maintain an inventory of all equipment purchased.

 

7)         Organize all accounts for the library system on the basis of funds (governmental funds, proprietary funds and fiduciary funds). The adopted budget and revenue-expenditure reports of the library system shall be created on this same basis of account/fund structure. 

 

8)         Approve and submit financial reports to the State Librarian twice a year.  A six-month cumulative revenue-expenditure report is due to the Illinois State Library on February 15 of each year for the period of July 1 through December 31.  The annual audit of the library system shall be filed with the State Librarian on or before September 30 following the end of the fiscal year.

 

Section 3030.265  Annual Application

 

a)         Each library system shall submit an annual application by the deadline specified by the State Librarian that presents a proposed plan covering the services provided by the system headquarters and the cooperative services of member libraries for the ensuing fiscal year. The proposed application shall include a signed certification by the library system board president and executive director of the library system that the application has been reviewed and approved by the Board of Directors. The State Librarian shall review the system application each year and shall approve the application if it ensures that the system will achieve the core service standards in this Part and is not in conflict with State law and rules of the State Librarian. The State Librarian may require revisions prior to approval. The State Librarian may also require a revision after approval of the application if a change in library system management practices, governance, funding or technology significantly impacts the ability to comply with the Act, this Part or the approved application. If the application or its implementation is not in compliance, the State Librarian shall take action in accordance with Section 3030.245.

 

b)         The application will consist of:

 

1)         An operational plan for the fiscal year that addresses the standards for core services to members cited in Section 3030.215 and additional core services, if any, that are specified by the Illinois State Library.  The plan shall include a list of all available services for which a fee is proposed, and shall include an explanation and justification for the fee. No new fees or fee charges shall be implemented until approved by the State Librarian. 

 

2)         A list of unmet core standards and how the library system plans to address the unmet standards shall be included in the application.

 

3)         An annual budget, with accompanying detailed narrative, for the ensuing fiscal year.  The budget information shall be provided in a format specified by the Illinois State Library.

 

4)         A copy of the most recently filed Statement of Economic Interest required by Article 4A of the Illinois Governmental Ethics Act [5 ILCS 420] for each member of the system board of directors, for the system executive director and for all other system employees required to file a Statement under Section 4A-101(i) of the Illinois Governmental Ethics Act.

 

5)         A copy of the ordinance or resolution required by Section 70-5 of the State Officials and Employees Ethics Act [5 ILCS 430] and adopted by the system board of directors. After a copy of the ordinance or resolution has been submitted to the Illinois State Library, only changes to that ordinance or resolution adopted by the board of directors need be submitted in subsequent years. In addition, the system shall post the adopted ordinance or resolution on its web site, along with any subsequent adopted changes.

 

6)         A description of all pending litigation that could have an impact on the system. The description shall include the case name, docket number, legal representation, a brief explanation, potential impact, and a cost breakdown and analysis.

 

7)         A certification signed by the president of the system board of directors and the system executive director that, during the preceding 12 months, the system board of directors has reviewed and is in compliance, to the best of his/her knowledge, with applicable provisions of the Open Meetings Act [5 ILCS 120], the Freedom of Information Act [5 ILCS 140], the Illinois Public Labor Relations Act [5 ILCS 315], the Illinois Governmental Ethics Act [5 ILCS 420], the Local Records Act [50 ILCS 205], the State Officials and Employees Ethics Act [5 ILCS 430], the Public Funds Deposit Act [30 ILCS 225], the Public Funds Investment Act [30 ILCS 235], the Illinois Municipal Retirement Fund [40 ILCS 5], the Public Officer Prohibited Activities Act [ 50 ILCS 105], the Illinois Library System Act [75 ILCS 10], the Americans With Disabilities Act (42 USC 12101), and the Illinois Human Rights Act [775 ILCS 5].  

 

8)         A listing and description of all corporations formed exclusively by the library system, or in cooperation with any other entity. The description shall include the name of any such corporation, the purpose or purposes for which it was formed, and the names of any members of the system board of directors or system staff holding office or receiving compensation and/or reimbursement during the previous 12 months from each such corporation and the amount of that compensation or reimbursement. For each corporation, the system shall file the Articles of Incorporation, any amendments to those Articles and copies of the most recent annual reports for each such corporation with the Illinois Secretary of State/Business Services Department and the Illinois Attorney General/Charitable Trust Bureau. For each such corporation, the system shall disclose the amount of system and Area Per Capita Grant funding expended, either directly or indirectly, during the preceding 12 months in support of the activities of the corporation. For each such corporation, the members of the system board of directors and the system executive director shall sign a certification that no system Area and Per Capita Grant funds have been expended during the previous 12 months on any affiliated corporate activities that were not directly related to, and in support of, the core system library services enumerated in this Part.

 

9)         A copy of the current bylaws of the library system.

 

10)         A list of all real estate owned or leased by the library system along with detailed information about the potential real estate changes, including properties for sale or under contract, and the length and cost of any leases.

 

11)         Other information, including a long-range plan that shows evidence of being developed with input from the board and membership.

 

Section 3030.270  Annual System Report

 

Each library system shall file an annual report with the State Librarian on or before

September 30 of each year for the preceding fiscal year, July 1-June 30.  The report shall be on forms prescribed by the State Librarian and shall include:

 

a)         A narrative report containing an evaluative description of the system's activities and accomplishments for the year in light of the library system standards for core services specified in Section 3030.215.

 

b)         A report containing data on system membership, the volume of interlibrary loan and reciprocal borrowing transactions, staff positions authorized and filled, salary schedules and fringe benefits, and other information requested by the State Librarian. The report shall be accompanied by, but not limited to, additional documents, including a schedule of system board meetings for the current fiscal year, the latest approved bylaws, and a photocopy of the treasurer's surety bond.

 

c)         A list of changes in system membership, including, but not limited to, a list of all library mergers, changes of library names, and territorial changes of public library members with complete legal descriptions.

 

d)         The names of participating and non-participating public libraries in the non-resident program, as specified in 23 Ill. Adm. Code 3050.30. 

 

e)         An assessment on meeting the board of directors requirements in Section 3030.250.

 

f)         An assessment of meeting the finances and records responsibilities in Section 3030.260.

 

g)         An annual audit as prescribed in Section 3030.260.

 

h)         Other information that may be requested by the State Librarian.

 

Section 3030.300  Membership in a Public Library System

 

The public library member of a public library system must meet the membership requirements in the Act and Section 3030.200(a).

 

Section 3030.310  Establishment of Systems

 

If the State Librarian determines that the establishment of a public library system will result in improved library service, the State Librarian shall approve the application as specified in Section 4(a) of the Act. 

 

Section 3030.315  Standards for Core Services

 

a)         Administration

 

1)         The library system shall develop an annual operational plan that addresses the specified standards for core services.  The operational plan shall be submitted to the Illinois State Library as part of the annual application specified in Section 3030.345.

 

2)         The library system shall designate staff to fulfill the roles specified in this Part.  One staff member may fulfill various roles.  Staffing designations include:

 

A)        Membership, including recordkeeping, member directory, application review, certification support and consultation.

 

B)        Bibliographic access as specified in Section 3030.15(c).

 

C)        Training in resource sharing processes and procedures for library staff.

 

D)        Oversight of system-wide delivery.

 

b)         General Resource Sharing Standards

 

1)         Work cooperatively and collaboratively with other systems, their member libraries and the Illinois State Library to maintain and strengthen resource sharing and to coordinate resource sharing efforts.  This includes the development of statewide best practices, support for innovation, and providing overall leadership in meeting the information needs of the citizens of Illinois.

 

2)         Participate in meetings convened by the Illinois State Library to develop and share best practices and innovations in resource sharing. 

 

3)         Establish a mechanism for resolving disputes over resource sharing, including the mediation of reciprocal borrowing and interlibrary loan requests, fulfillment problems, and the damage or loss of materials as provided in Exhibit A (ILLINET Interlibrary Loan Code).

 

4)         Provide training to library staff on resource sharing processes and procedures.

 

5)         Designate staff to actively maintain accurate up-to-date directory information on the Illinois State Library-specified web site. 

 

c)         Bibliographic Access Standards

 

1)         Explore the potential of emerging integrated library system software and other resource discovery tools that facilitate resource sharing and consider participation in a statewide Local Library System Automation Program.

 

2)         Develop and strengthen the ability of library staff to implement and use currently available and emerging resource discovery tools.

 

3)         Work with branch libraries in building and maintaining library collections that meet the primary needs of their patrons.

 

4)         Work with branch libraries in organizing library collections using accepted bibliographic methods for cataloging and classification of library materials.

 

5)         Facilitate the development of expertise in the use of resource description,

including cataloging and metadata, among library staff.

 

6)         Assign professional staff members to be responsible for the system's bibliographic access activities.

 

d)         Delivery Standards

 

1)         Provide for the equitable and consistent delivery of library materials to fulfill patron requests.

 

2)         Provide delivery via methods including, but not limited to, library system delivery, Illinois Library Delivery Service, electronic, commercial delivery services, and U.S. Postal Service.

 

3)         Designate staff persons to coordinate system-wide delivery.

 

4)         Provide a delivery service to and from branch.

 

5)         Coordinate the delivery service with the Illinois Library Delivery Service.

 

6)         Work collectively with other library systems and the Illinois State Library to implement equitable, statewide delivery frequencies and criteria, along with data gathering.

 

7)         Provide training for library staff on delivery procedures.

 

e)         Resource Sharing Standards:  Reciprocal Access, Reciprocal Borrowing and Interlibrary Loan

 

1)         Designate  resource sharing coordinators to monitor and guide the resource sharing program.

 

2)         Adhere to the ILLINET Interlibrary Loan Code (Exhibit A).

 

3)         Adopt a resource sharing plan that, as a minimum, shall include:

 

A)        How the public library shall provide reciprocal access, including any limitations. 

 

B)        How the library system may participate in statewide reciprocal borrowing.

 

C)        A mechanism for resolving disputes over resource sharing, including the mediation of reciprocal borrowing and interlibrary loan issues, fulfillment problems, and the damage or loss of materials as provided in the ILLINET Interlibrary Loan Code (Exhibit A).

 

D)        The requirement that the borrowing library is responsible for lost and damaged materials if the patron does not pay.  The reciprocal access plan, however, may allow for alternate means if the lending library agrees.

 

f)         Additional core member services may be designated by the State Librarian.

 

Section 3030.325  Revocation of Approval 

 

a)         When the State Librarian finds that a library system is not complying with the Act, this Part or its approved plan of service or has failed to submit an application or reports that meet the requirements of this Part, the State Librarian shall notify the library system board of directors in writing of the finding and set a date by which the library system must achieve compliance or submit for approval a plan that will effect compliance. Until the State Librarian's concerns are satisfactorily addressed, Area and Per Capita Grant monies may be withheld from the library system in whole or in part, depending on the compliance issue.

 

b)         If the library system board of directors has not adequately addressed the State's requirements by the specified date, the State Librarian may revoke the approval of the system, effective as of the end of the fiscal year in which the conditions are not met. 

 

Section 3030.330  Board of Directors Requirements  

 

a)         The library system board of directors shall be the same as the public library board established under the Illinois Local Library Act [75 ILCS 5].  The board shall follow the requirements of municipal law relating to the public library board of trustees and the power of boards specified in the Illinois Library System Act.

 

b)         The board of directors shall review, revise if deemed necessary, and approve the library system application for system funding and the system annual report and accept the annual audit report before the information is submitted to the State Librarian. The audit report shall be reviewed and discussed at a system board meeting with the system auditor.

 

c)         The board of directors shall ensure the library systems remains in compliance with federal and State statutory requirements, as well as local ordinances.

 

d)         The board of directors shall keep statistics measuring system services, including how the standards for core services are met.

 

Section 3030.335  Board of Directors Policies

 

a)         Policies and bylaws adopted by the system board for the governance of the library system shall be filed with the Illinois State Library.

 

b)         All library system policies and bylaws shall be in accordance with State law.

 

Section 3030.340  Finances and Records 

 

The library system board of directors shall:

 

a)         Maintain all financial records at the system administrative headquarters.

 

b)         Conduct an annual audit of the library system grant funds as part of the public library's annual audit by an independent certified public accountant and make available copies of the audit to the State Librarian on or before September 30 following the end of the fiscal year.

 

Section 3030.345  Annual Application

 

a)         The library system shall submit an annual application by the deadline specified by the State Librarian that presents a proposed plan covering the services provided by the system headquarters for the ensuing fiscal year. The proposed application shall include a signed certification by the library system board president and executive director that the application has been reviewed and approved by the board of directors. The State Librarian shall review the system application each year and shall approve the application if it ensures that the system will achieve the core service standards in this Part and is not in conflict with Illinois State law and the administrative rules of the State Librarian. The State Librarian may require revisions prior to approval. The State Librarian may also require a revision after approval of the application if a change in library system management practices, governance, funding or technology significantly impacts the ability to comply with the Act, this Part or the approved application. If the application or its implementation is not in compliance, the State Librarian shall take action in accordance with Section 3030.325.

 

b)         The application will consist of:

 

1)         An operational plan for the fiscal year that addresses the standards for core services cited in Section 3030.315 and additional core services as designated in Section 3030.215(f)(1).  A list of unmet core standards and how the library system plans to address the unmet standards shall be included in the application.

 

2)         An annual budget, with accompanying detailed narrative, for the ensuing fiscal year.  The budget information shall be provided in a format specified by the Illinois State Library.

 

3)         A copy of the current bylaws of the library system.

 

4)         Other information that may be requested by the State Librarian.

 

Section 3030.350  Annual System Report

 

The library system shall file an annual report with the State Librarian on or before September 30. The report shall be on forms prescribed by the State Librarian and shall include:

 

a)         A narrative report containing an evaluative description of the system's activities and accomplishments for the year in light of the library system standards for core services specified in Section 3030.315.

 

b)         A report containing data on the volume of interlibrary loan and reciprocal borrowing transactions, staff positions authorized and filled, salary schedules, and fringe benefits, and other information requested by the State Librarian. The report shall be accompanied by, but not limited to, additional documents, including a schedule of system board meetings for the current fiscal year, the latest approved bylaws, and a photocopy of the treasurer's surety bond.

 

c)         A statement of whether the public library participates in the non-resident program, as specified in 23 Ill. Adm. Code 3050.30. 

 

d)         An assessment on meeting the board of directors requirements in Section 3030.330.

 

e)         An assessment of meeting the finances and records responsibilities in Section 3030.340.

 

f)         An annual audit as prescribed in Section 3030.340.

 

g)         Other information that may be requested by the State Librarian, such as a long range plan.

 

Section 3030.400  Hearing

 

a)         The State Librarian shall provide for a hearing under the procedures in this Subpart to reconsider decisions made in the administration of the Act regarding:

 

1)         The denial of approval of a library system;

 

2)         The revocation of approval of a library system;

 

3)         The adjustment of the geographic boundaries of a library system;

 

4)         The State Librarian finds that an existing library system has failed to meet the criteria established by the Act or this Part; 

 

5)         The denial by the State Librarian of a library's application for membership in a library system;

 

6)         The suspension of a library from membership in a library system;.

 

7)         Interlibrary loan disputes as described in the ILLINET Interlibrary Loan Code (Exhibit A).

 

b)         The State Librarian shall provide for a hearing under the procedures in 23 Ill. Adm. Code 3035.150 to consider decisions made in the administration of the Act regarding the denial of any State grant.

 

Section 3030.410  Administrative Review of State Librarian's Decision in Contested Cases

 

a)         A party seeking reconsideration of the State Librarian's decision in contested cases shall request in writing a hearing within 30 days after the date of the decision.

 

b)         Grounds for appeal shall include that the rules covering the situations specified in Section 3030.400 were not applied or were applied incorrectly by the Illinois State Library and/or the Illinois State Library Advisory Committee.

 

c)         Grounds for appeal do not include missing an application or hearing deadline or seeking to submit additional or clarifying information related to an application or boundary adjustment.

 

d)         Upon receipt of a request for review, the State Librarian shall appoint an administrative law judge (ALJ) to officiate at the review hearing. The ALJ shall be an attorney licensed to practice law in Illinois or shall have experience in interpreting and applying Illinois administrative law.

 

e)         No person who has a bias or conflict of interest regarding the contested matter shall be appointed ALJ.

 

Section 3030.420  Notice of Hearing

 

a)         Within 15 days after the ALJ's appointment, the ALJ shall serve notice by either certified or registered mail to the parties.

 

b)         The notice shall include:

 

1)         A statement of the time, place, and nature of the hearing. The hearing shall be held within 30 days after the date of the request for an appeal. The date and time shall be at the mutual convenience of the applicant and the Illinois State Library. The hearing shall be held at the Illinois State Library in Springfield;

 

2)         A statement of the legal authority and jurisdiction under which the hearing is to be held;

 

3)         A reference to the particular Sections of the substantive and procedural statutes and rules involved;

 

4)         A short and plain statement of the matter in controversy and the consequences of a party's failure to participate in the hearing;

 

5)         The name and mailing address of the ALJ and all interested parties who have been given personal notice.

 

Section 3030.430  Conduct of Hearing

 

a)         Hearings shall be open to the public.

 

b)         All parties may be represented by legal counsel.

 

c)         All parties shall be afforded opportunity to present evidence and argument and to respond to evidence and argument presented by other parties.

 

d)         Each party shall have the right to present and examine witnesses appearing on their own behalf, to introduce exhibits, and to cross-examine opposing witnesses presented on any matter relevant to the issues. Subpoenas may be issued to compel the appearance of any witness or party.

 

e)         Parties may agree by stipulation upon any fact involved in the hearing.

 

f)         Any party shall have the right, upon written motion made at least 10 business days prior to the hearing, to inspect any relevant document in the possession of, or under the control of, any other party, subject to any statutory or constitutional privileges. Inspection of documents shall be at times and places reasonable for the custodian of the documents. Discovery depositions may be authorized at the discretion of the ALJ.

 

g)         Disposition of the contested case may be made by stipulation, agreed settlement, consent order or default.

 

h)         A request for continuance of a hearing is directed to the sound discretion of the ALJ. A continuance may be granted, for good cause shown, provided the request is received by the ALJ and other parties not less than 5 days prior to the hearing date or unless good cause is shown during the hearing. The request shall be in writing and shall set forth the grounds alleged. Oral request for continuances shall not be granted unless made during the hearing for good cause. "Good cause" is shown when a party demonstrates a real and compelling need for additional time.

 

i)          No formal hearing shall be continued "generally". A continuance, when granted, shall state a date certain, not more than 60 days from the prior hearing date, when the hearing shall reconvene.

 

j)          The ALJ shall conduct a fair and impartial hearing, take all necessary action to avoid undue delay, maintain order, and ensure development of a clear and complete record.

 

Section 3030.440  Motions

 

a)         Unless made during a hearing, motions shall be made in writing and shall set forth the relief or order sought.

 

b)         Amendments to all pleadings, motions and petitions to intervene shall be allowed upon proper motion at any time during the proceeding.

 

Section 3030.450  Order of the Hearing

 

a)         The following shall be the order of the hearing subject to modification by the ALJ if the ALJ determines that the modification would avoid undue delay and would not prejudice the rights of any party:

 

1)         Introduction and opening statement by ALJ;

 

2)         Complainant's opening argument;

 

3)         Respondent's opening argument;

 

4)         Complainant's case in chief;

 

5)         Respondent's case in chief;

 

6)         Complainant's case in rebuttal;

 

7)         Respondent's closing argument;

 

8)         Complainant's closing argument.

 

b)         At the ALJ's discretion, parties may be asked to file a written brief instead of, or in addition to, a closing argument.

 

c)         All testimony taken shall be under oath or affirmation. All motions and objections shall be stated in writing or orally on the record, including the grounds for the objections.

 

d)         After the hearing, the ALJ shall review the record and provide a recommendation within 15 business days to the State Librarian.

 

Section 3030.455  Authority of Administrative Law Judge

 

The ALJ shall conduct a fair and impartial hearing, take all necessary action to avoid undue delay, maintain order, and ensure development of a clear and complete record.

 

Section 3030.460  Record of the Hearing

 

The record of the hearing shall include the following:

 

a)         All pleadings (including all notices and responses to notices), motions and rulings;

 

b)         All evidence received;

 

c)         A statement of matters officially noticed;

 

d)         Any offer of proof, objection, and ruling thereon;

 

e)         Any proposed finding and exception;

 

f)         Any decision, opinion or recommendation reported by the ALJ;

 

g)         All memoranda or data submitted to the ALJ or to the State Librarian in connection with the matter;

 

h)         Any ex parte communication received by the State Librarian, his or her employees or ALJ. No such communication shall form the basis for any finding of fact;

 

i)          The Order of the State Librarian, which shall constitute a final administrative decision within the provisions of the Administrative Review Law [735 ILCS 5/Art. III].

 

Section 3030.470  Oral Proceedings

 

Oral proceedings or any part of the oral proceedings shall be recorded stenographically or by other means that will adequately ensure the preservation of the proceeding. The recording shall be transcribed at the request of any party at that party's expense.

 

Section 3030.480  Findings of Fact

 

Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

 

Section 3030.490  Rules of Evidence; Official Notice

 

a)         Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence and privilege as applied in civil cases in the circuit courts of this State shall be followed. Evidence not admissible under those rules of evidence may be admitted, however, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.

 

b)         The library or library system bears the burden of showing by clear and convincing evidence that the matter should have been handled in the opposite manner.

 

c)         All items submitted into evidence shall be typewritten or printed and shall not exceed a width of 8½ inches and a length of 11 inches. All items submitted into evidence shall be clearly marked with the name, address and telephone number of the party submitting the item.

 

d)         Official notice will be taken as authorized by Section 10-40(c) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(c)].

 

Section 3030.495  Decisions and Orders

 

a)         All final decisions or orders shall be in writing and shall include findings of fact and conclusions of law separately stated. All parties or their agents appointed to receive service of process shall be notified of the State Librarian's final decision by registered or certified mail within 30 days after the ALJ's report. Findings of fact shall be accompanied by a concise and explicit statement of the underlying fact supporting the findings. Parties or their agents appointed to receive service of process shall be notified either by registered or certified mail of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed to each party.

 

b)         All orders shall specify that they are final and subject to the Administrative Review Law.

 

Section 3030.EXHIBIT A   ILLINET Interlibrary Loan Code

 

Preface

 

As partners in the Illinois Library and Information Network (ILLINET), more than 5,000 multi-type (academic, public, school and special) member libraries contribute to the ongoing enrichment of the State's library resources. Beginning in 1975, ILLINET has relied on resource sharing to meet the information and research needs of library patrons. In addition, library resource sharing provides a means to access entertainment, nurture personal interests and hobbies, and, overall enhance the lives of Illinois residents.

 

The cooperative actions of ILLINET member libraries have contributed to the success of a statewide resource sharing service. The laws and rules that authorize the Illinois State Library (ISL) and the library systems ensure that free access to all Illinois residents remains the cornerstone of the statewide system. Today, Illinois libraries, including the library systems and the ISL, support interlibrary loan and both statewide and systemwide reciprocal borrowing, to the betterment of the quality of life for Illinoisans everywhere. Empowered by a robust technology infrastructure, the sustainability of Illinois' strong heritage of excellent library service depends upon an ongoing commitment to resource sharing, delivery and statewide cooperation. The ILLINET Interlibrary Loan Code (ILL Code) is the declaration of that commitment, without which, the actions of the thousands of Illinois library staff that support its use, the broader concept of resource sharing and, more specifically, services like delivery, would not be feasible.

 

The following sections underscore the utility and importance of the ILL Code, and describe the relationship between the ILL Code, the Illinois State Library Act, and the Illinois Administrative Code (IAC or "the rules").

 

Background

 

The IAC helps State government implement the statutes adopted by the Illinois General Assembly (GA). The ISL, established by statute, has rules found in 23 Ill. Adm. Code 3030. Any activity undertaken by the ISL shall be rooted in law or rule. As a body of State government, the authority to provide services and programs is determined by the GA through the promulgation of statute, administered by the State Librarian through administrative rules. Unlike private sector business, the ISL cannot conduct any activity unless authorized by the GA. Clearly, resource sharing figures prominently into the enabling legislation of the State Library Act:

 

Purposes of the State Library. The Illinois State Library shall:

 

Promote and develop a cooperative library network operating regionally or statewide for providing effective coordination of the library resources of public, academic, school, and special libraries.

 

How does the ILL Code figure into the IAC?

 

The ILL Code is incorporated as an Exhibit in Secretary of State (SOS) rules (23 Ill. Adm. Code 3030.Exhibit A); it is, therefore, the responsibility of the SOS and the ISL to administer the ILL Code. Changing the IAC is a process prescribed by statute (see 5 ILCS 100) and overseen by the Joint Committee on Administrative Rules.

 

Library Systems

 

Because system membership is required in order to be eligible for grants and services, the body of law surrounding State grant programs rests in the Illinois Library System Act. Libraries not meeting the minimum membership criteria established in 23 Ill. Adm. Code 3030 cannot receive library system or ISL services and/or funds such as delivery, grants or library system membership. Beginning in January 2013, the ISL began an online certification process to ensure library system members in Illinois meet the minimum criteria prescribed in 23 Ill. Adm. Code 3030.

 

Funding for the library systems is predicated on all libraries acting toward a single goal of providing resources to Illinois residents. Grant programs from the SOS have the goal of promoting statewide library cooperation. The prominence of resource sharing as the purpose and reason for the library systems is established in the very first paragraph of the System Act:

 

Because the State has a financial responsibility in promoting public education, and because the public library is a vital agency serving all levels of the educational process, it is hereby declared to be the policy of the State to encourage the improvement of free public libraries and to encourage cooperation among all types of libraries in promoting the sharing of library resources. In keeping with this policy, provision is hereby made for a program of State grants designed to establish, develop and operate a network of library systems covering the entire State.

 

Note: The first Interlibrary Loan Code for Illinois was written in 1971. It was revised in 1988, 1993, 2000, 2008 and 2014. 

 

ILLINET Interlibrary Loan Code

 

The ILL Code, approved by the ISL Advisory Committee, endorsed by the Illinois Library Systems, and adopted by the ISL governs interlibrary loan policy within ILLINET. The ILL Code is based on the most current American Library Association (ALA) Interlibrary Loan Code for the United States.

 

Through 15 ILCS 320/7(f) and 23 Ill. Adm. Code 3030.215(e), the ISL administers, Illinois library systems monitor and enforce, and ILLINET member libraries abide by the ILL Code.

 

I.  Definition

 

Interlibrary loan is the process by which a library requests material from, or supplies material to, another library. Whether initiated by library staff or patron, the purpose of interlibrary loan is to obtain, upon request of a library patron, material not available in the patron's local library. The terms "requesting library" and "supplying library" are used in preference to "borrowing library" and "lending library" to cover the exchange of copies as well as loans. Circulation of materials between a central library and its branches or within a school district is not considered interlibrary loan.

 

II.  Scope

 

1.         The ILL Code governs interlibrary loan among ILLINET member libraries.

 

2.         Any type of library material needed by an individual for any purpose, including but not limited to study, instruction, information, recreation or research, may be requested from another library.

 

3.         Any materials, regardless of format, may be requested from another library. The supplying library determines whether the material can be provided.

 

4.         Interlibrary loan outside of ILLINET, governed by national, international or other applicable interlibrary loan codes, is not within the scope of this document.

 

5.         Reciprocal borrowing is not within the scope of this document.

 

III.  Ethics and Responsibilities of ILLINET Member Libraries

 

1.         Interlibrary loan is a mutual relationship, and libraries are strongly encouraged to supply materials as freely as they request materials.

 

2.         Each library shall develop collections in response to local needs. Interlibrary loan is an adjunct to, not a substitute for, collection development in individual libraries.

 

3.         To expedite State and nationwide resource-sharing initiatives, every ILLINET member library shall strive to enter and maintain its collection and holdings in a regional, statewide and/or national bibliographic database.

 

4.         Each library shall offer and promote the availability of interlibrary loan service to its patrons.

 

5.         Personnel responsible for interlibrary loan in each library shall be familiar with relevant interlibrary loan documents and aids, including interlibrary loan codes and procedures, bibliographic tools, and services.

 

6.         Libraries shall comply with current Copyright Law (17 USC) governing both print and digital resources.

 

7.         Each library shall ensure the confidentiality of the patron (see the Library Records Confidentiality Act [75 ILCS 70]).

 

8.         Each library shall annually review and update its profile in the Resource Sharing Directory in Library Learning (L2) and, if applicable, the Online Computer Library Center (OCLC) Interlibrary Loan Policies Directory.

 

9.         Each library shall have its borrowing policy readily available.

 

10.         Each library shall clearly identify its materials with a current ownership mark.

 

11.         Each library shall collect and annually submit its interlibrary loan statistics to the ISL.

 

IV.  Rights and Responsibilities of the Requesting Library

 

1.         The requesting library shall be responsible for compliance with the Copyright Law and its accompanying guidelines, and shall inform its patrons of the applicable portions of the law. An indication of copyright compliance shall be provided with all requests for photocopies.

 

2.         The requesting library shall be responsible for identifying libraries that own the requested material. The requesting library shall be responsible for checking the policies of potential suppliers for restrictions, special instructions and information on fees prior to sending a request.

 

3.         The requesting library shall avoid repeatedly sending the majority of its requests to a few selected libraries. However, each library has the right to determine the best source for the requested material.

 

4.         Requested items shall be cited completely and accurately. The requesting library shall transmit all interlibrary loan requests in standard bibliographic format in accordance with the protocols of the electronic network or transmission system used. In the absence of an electronically generated form, the elements of the ALA Interlibrary Loan Request Form shall be used.

 

5.         The requesting library shall indicate on the request when items cannot be verified and/or located, using "cannot verify" or "cannot locate". The source of reference shall also be indicated on the request.

 

6.         The requesting library shall honor the supplying library's conditions of loan, including observation of dates and duration of loans, recall notices, fees (if applicable), In-library Use Only and other special handling provisions. The requesting library shall convey these conditions to library patrons.

 

7.         The requesting library shall be responsible for borrowed materials from the time the materials leave the supplying library until they have been returned to the supplying library. If damage or loss occurs, the requesting library shall be responsible for compensation, in accordance with the policy of the supplying library.

 

8.         The requesting library shall be responsible for all fees authorized by section VIII (Fees) imposed by the supplying library. The requesting library shall be responsible for timely processing of payments related to the interlibrary loan transaction.

 

9.         The requesting library assumes full responsibility for patron initiated transactions.

 

V.  Rights and Responsibilities of the Supplying Library

 

1.         Libraries are strongly encouraged to implement generous interlibrary loan lending policies with due consideration for the needs of their primary clientele.

 

2.         The supplying library shall respond to all interlibrary loan requests within one working day (preferred), but no longer than three working days, after receipt.

 

3.         The supplying library may return a request unfilled when bibliographic data and location are incomplete.

 

4.         The supplying library shall send a copy of the request or sufficient information to identify the request, along with any materials provided.

 

5.         The supplying library shall notify the requesting library of dates and duration of loans for the materials, renewal policies, and In-library Use Only restrictions.

 

6.         The supplying library has the right to recall its material at any time.

 

7.         The supplying library shall send any invoices for charges incurred within one year after the due date of the item.

 

VI.  Rights and Responsibilities of the Library System

 

The library system shall:

 

1.         Maintain a current resource sharing policy that encourages cooperation among all types of libraries in promoting the sharing of library resources via a variety of service methodologies, including interlibrary loan, and is compliant with current Illinois library law and administrative rules. 

 

2.         Employ library system staff to consult with member libraries about offering, promoting and improving local interlibrary loan service.

 

3.         Foster interlibrary loan partnerships and collaboration at the local, regional, systemwide and statewide levels.

 

4.         Offer, on a recurring schedule, interlibrary loan continuing education and training opportunities that meet member libraries' needs.

 

5.         Facilitate access to current interlibrary loan information and resources via the library system's website. 

 

6.         Ensure member libraries are compliant with the annual submission of the ISL's ILLINET Interlibrary Loan and Reciprocal Borrowing Survey, a tool that collects interlibrary loan statistics.

 

7.         Provide efficient and effective delivery service methodologies that ensure timely receipt of materials to meet patrons' needs.

 

8.         Monitor member libraries interlibrary loan service to ensure adherence to and compliance with the ILL Code.

 

9.         Serve as the mediator, as prescribed by the ILL Code (Section XI), to resolve perceived violations of the ILL Code.

 

VII.  Rush and Urgent Requests

 

1.         "Rush" service requests are those in which the requesting library designates the request to be "Rush" and requires the item to be processed and sent within 24 hours/one working day.

 

2.         "Urgent" service requests are those in which the requesting library designates the request to be "Urgent" and requires the item to be processed and received in fewer than 24 hours/one working day.

 

3.         Requesting libraries that need "Rush" or "Urgent" service requests shall contact the supplying library directly to negotiate conditions and fees.

 

4.         An ILLINET member library may, by policy or on a case-by-case basis, choose not to offer "Rush" or "Urgent" service.

 

5.         An ILLINET member library shall make its "Rush" or "Urgent" policies available upon request.

 

VIII.  Fees

 

1.         It is not allowable for either the requesting library or the supplying library to charge (the library or the patron) for ILLINET resource sharing transactions of returnable items, except as outlined in this section.

 

2.         Libraries may assess fees (library or patron) for the provision of Rush or  Urgent requests, as outlined in Section VII.

 

3.         ILLINET member libraries are encouraged to absorb the cost of providing photocopies.

 

4.         If a library chooses not to use the Library System Delivery service or the Illinois Library Delivery Service, the library shall negotiate alternate shipping conditions with the requesting/supplying library prior to shipment of the item.

 

5.         Libraries shall not assess overdue fines to other libraries.

 

6.         If damage or loss occurs, the requesting library is responsible for compensation in accordance with the policy of the supplying library.

 

IX.  Delivery

 

1.         Primary shipping and transmission:

 

a.         Returnables: Every ILLINET member library shall use either the library system delivery service or the ILDS as their primary shipping service for "returnables" within Illinois.

 

b.         Non-returnables: Every ILLINET member library shall transmit non-returnable items electronically; however, they shall use alternative options when electronic transmission capabilities are impractical or unavailable.

 

2.         Every ILLINET member library, using either the Library System Delivery service or the ILDS, shall comply with the USPS Private Express Statutes (39 CFR 310.3(a)) and the Letters Carried out of the Mail (39 USC 601(a)). Refer also to the Secretary of State's memorandum "Delivery of Library Materials", November 27, 2012, as the guidelines for determining delivery compliance. 

 

3.         Materials shall be packaged to prevent damage or loss in shipment. The supplying library shall notify the requesting library of any special packaging and shipping requirements. The requesting library shall comply with the requirements as stipulated.

 

4.         If the supplying or requesting library chooses not to ship materials via the library system delivery service or ILDS, the libraries shall negotiate alternate shipping methods and conditions prior to shipment of the item.

 

X.  Cooperative Agreements

 

1.         ILLINET member libraries shall comply with the ILL Code.

 

2.         ILLINET member libraries may enter into mutually beneficial cooperative agreements in order to meet the needs of their primary clienteles. These agreements do not supersede the ILL Code, except as prescribed in subsection 3 of this section.

 

3.         Interlibrary loan periods established by ILLINET member libraries through a cooperative agreement are permissible but only apply to those ILLINET member libraries covered under the agreement. 

 

XI.  Violation of the ILL Code

 

1.         When violations of the ILL Code initially occur, these procedures shall be followed:

 

a.         Library A shall inform Library B about the violations and Library B's failure to comply with the ILL Code.

 

b.         Library B is responsible for responding to all notifications on a timely basis and working towards resolution.

 

c.         Both Library A and Library B shall document all exchanges.

 

2.         Library A may suspend the interlibrary loan privileges of Library B if Library B fails to correct violations of the ILL Code after having been informed of the violations.

 

a.         Such action requires written notification by Library A to Library B, specifying the violations, the terms and duration of the suspension, and a course of action in compliance with the ILL Code that would restore borrowing privileges. A copy of all documentation shall be sent to the library systems of both libraries.

 

b.         Library A is responsible for reviewing ongoing circumstances and evaluating reinstatement of Library B's suspended interlibrary loan privileges. Reviews shall be completed on a quarterly basis.

 

c.         Library A shall provide written notification of the review and the ensuing decision to Library B and the library systems of both libraries.

 

3.         If violations of the ILL Code continue, the following procedures shall be followed:

 

a.         Either Library A or Library B shall request that its library system serve as mediator. The request shall be in writing and sent to the libraries and to the library systems involved.

 

b.         The library system acting as mediator shall document:

 

i.          The continued ILL Code violations, with copies sent to all libraries and library systems involved.

 

ii.         Its role as mediator of the complaint, with copies sent to all libraries and library systems involved.

 

iii.        Its negotiation efforts and the results of these efforts, with copies sent to all libraries and library systems involved.

 

c.         Ineffective negotiations and continued disregard of the provisions of the ILL Code shall result in the initiation of the suspension process from library system membership (23 Ill. Adm. Code 3030.205).

 

d.         The ISL shall act on the recommendation of the library system recommending suspension of system membership.

 

e.         Library systems may initiate resolutions of the ILL Code violations independent of notification from member libraries.

 

GLOSSARY

 

ALA Interlibrary Loan Request Form — A form published by ALA and the National Information Standards Organization and used by a library to request an interlibrary loan from another library.

 

Borrowing Library — See Requesting Library.

 

Borrowing Privileges — The ability of a patron with a valid library card to check out (borrow) items from a library.

 

CARLI — Consortium of Academic and Research Libraries in Illinois.

 

CCG (Copyright Clearinghouse Guidelines) — The requesting library's indication on a photocopy request that the request conforms to the CONTU "Guidelines for the Proviso of Subsection 108(g)(2)". Compliance means that the library does not subscribe to the journal and publication date of article is within the last five years.  Only five copies per journal title in a year before payment of the copyright fee is required; only 1 article per issue per patron. See also CONTU Guidelines.

 

CCL (Copyright Clearinghouse Legislation) — The requesting library's indication on a photocopy request that the request conforms to the U.S. Copyright Law (17 USC). Compliance means that the library subscribes to the journal or publication date of the article is more than five years old.  No limit on the number of copies requested. The library is still subject to subsection 108(g)(2) of the copyright law that prohibits systematic photocopying of copyrighted materials in such aggregate quantities as to substitute for purchase of or subscription to the magazine.

 

Collection Development — The process of planning, selecting, weeding and building of resources in all formats needed by a library's community of patrons. This process is based on the individual library's collection development policy.  Sometimes this is referred to as collection management.

Consortial Interlibrary Loan — ILL within a consortial shared catalog is facilitated by the library automation system software that authenticates patrons and ILL requests.

 

Consortium — A group of libraries formally organized to promote common interests and achieve common goals, of which interlibrary loan and resource sharing activities are typical examples.

 

CONTU Guidelines — The "Guidelines for the Proviso of Subsection 108(g)(2)", known as the CONTU Guidelines, were developed by the National Commission on New Technological Uses of Copyrighted Works to assist librarians and copyright proprietors in understanding the amount of photocopying/reproducing for use in interlibrary loan arrangements permitted under the copyright law. See CCG.    

 

Cooperative Agreement — A binding agreement between two or more parties.

 

Copyright Compliance — The requesting library is responsible for making certain that the interlibrary loan request conforms to the copyright law or the accompanying guidelines. A supplying library may choose to not process a request for a non-returnable item request if an indication of copyright compliance is not included. See CCG and CCL.

 

Copyright Law — The United States copyright law is contained in chapters 1 through 8 and 10 through 12 of title 17 of the United States Code. The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19, 1976, as PL 94-553. Copyright law is intended to bring about a balance between the rights of creators and owners of copyrighted works and the needs of patrons of those works. Copyright law limits what may be copied, sold and distributed with and without the consent of the copyright owner. The rights of owners are enumerated in section 106, and the limitations on the owner's rights are listed in sections 107-118.

 

Date Due — Either the year, month and day by which the patron shall return the loaned item to the requesting library, or the period of time the item may remain with the requesting library, disregarding the time spent in transit.

 

Direct Borrowing — Direct borrowing implies an unmediated (library staff not involved in the process) patron-initiated request.  

 

Fair Use — Fair use, described in section 107 of the U.S. Copyright Law, permits limited uses of copyrighted works by individuals who do not own the copyright to the work. The four criteria used to determine fair use are: the purpose of the use; the nature of the copyrighted work; the amount of the work used; and the effect of the use on the potential market.

 

FAX — Electronic transmission of text or graphics using telephone lines.

 

Fee — A charge for services.  This includes, but is not limited to, shipping and handling charges, charges for damage to items, and replacement and/or processing charges for lost items.

 

Fine — A charge to the patron for late return of a borrowed item.

 

ILDS (Illinois Library Delivery Service) — The statewide vehicular delivery service, funded by the Illinois State Library, that provides delivery each week to library system headquarters and designated facilities, eligible academic members and the Illinois State Library in order to facilitate the rapid delivery of books and other library materials throughout the State.

 

ILLINET — The Illinois Library and Information Network, which consists of the library systems, their full member libraries and the Illinois State Library. 

 

ILLINET Member Library — A library that is a full member of a library system.

 

Illinois Library Laws & Rules — Laws and administrative rules relevant to libraries in Illinois, compiled and published biennially by the Illinois Library Association and updated on the Illinois General Assembly website http://www.ilga.gov/.

 

In-Library Use Only — Materials designated by the supplying library as "in-library use only" shall be used only within the requesting library. These items may not be removed from the library.

 

Interlibrary Loan — The process by which a library requests material from, or supplies material to, another library. Whether initiated by library staff or patron, the purpose of interlibrary loan is to obtain, upon request of a library patron, material not available in the patron's local library. Circulation of materials between a central library and its branches or within a school district is not considered interlibrary loan.

 

Interlibrary Loan Transaction — The complete process of an interlibrary loan that includes all steps from the initial request by the requesting library (or requesting library patron) through the receipt of the item by the supplying library. For non-returnables, the transaction includes all steps from the initial request through receipt by the patron.

 

Intralibrary Loan — The circulation of materials between a central library and its branches or between buildings within a school district.

 

Lending Library — See Supplying Library.

 

Library Bill of Rights — A declaration developed and available from the ALA that outlines library responsibilities and patrons' rights to library services.

 

Library Records Confidentiality Act [75 ILCS 70] — Provides legal guaranties of patron confidentiality of circulation of library materials. Circulation records shall not be made available to anyone except by a court order in a criminal proceeding.

 

Library Learning (L2) — The online membership directory for ILLINET member libraries, which includes a staff directory and a resource sharing directory.  L2 is home to a statewide calendar and registration service for meetings and other continuing education events in the State.

 

Library System Delivery — Dedicated delivery systems operated by the individual library systems for their members. Systems may operate the delivery service or may subcontract for it.

 

Local Library System Automation Program — An integrated library system open to membership by full library system members of all types developed by or receiving financial or in kind support from a library system.

 

Multitype Library System — Meets the requirements of 75 ILCS 10/2(1), serving a minimum of 150,000 inhabitants or an area of not less than 4,000 square miles and serving a minimum of 10 or more public libraries, elementary and secondary school libraries, institutions of higher education libraries, and special libraries.

 

National Information Standards Organization (NISO) — Organization credited by the American National Standards Institute. NISO is "where content publishers, libraries, and software developers turn for information industry standards that allow them to work together. Through NISO, all of these communities are able to collaborate on mutually accepted standards".  ANSI/NISO Z39.83 is the standard for NISO Circulation Information Protocol (NCIP).

 

Non-returnables — Materials that the supplying library does not expect to have returned.

 

Patron — Individual who initiates an interlibrary loan request. Other synonymous terms include client, customer, end patron and library patron.  

 

Primary Clientele — A library's patron group, defined locally by each library and as described in the library's mission statement, e.g., taxpayers, students and faculty, or local community.

 

Public Library System — A public library that serves a city of over 500,000 population and is established as a public library system under the Illinois Library System Act.

 

Reciprocal Access — How the resources of all full member libraries of a library system are made available to all patrons within the system area. Reciprocal access benefits should be imposed equally among all reciprocal access patrons and can include information passports, interlibrary loans, photocopy service, reference service, use of library materials on site, courtesy cards and other services. The library governing authority may approve reasonable restrictions related to computer access, library programs and meeting room use.

 

Requesting Library — The library that initiates an interlibrary loan request on behalf of a patron or permits direct borrowing.

 

Resource Sharing — Making the collections of one library available to the patrons of another library efficiently and effectively. Resource sharing encompasses the technical capabilities, staff expertise and policies necessary to achieve that objective. Resource sharing incorporates activities related to automated discovery tools (including bibliographic library databases), collection management, bibliographic description, delivery, interlibrary loan, reciprocal access and reciprocal borrowing. Resource sharing is a core system service.

 

Returnables — Materials that the supplying library expects to have returned.

 

Rush — A designation by the requesting library that requires the item to be processed and sent in less than 24 hours.

 

Special Handling Provisions — Conditions for loaning designated by the supplying library such as in-library use only, restrictions on copying, special packaging, or other unique requirements.

 

Supplying Library — The library that fills an interlibrary loan request by either loaning the item or supplying a copy of the item.

 

Suspended Library — A library whose system membership is terminated by the library system board with concurrence by the State Librarian.

 

U.S. Code — The United States Code or USC; in the context of this document, the Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code.

 

Urgent — A designation by the requesting library that requires the item to be processed and received in less than 24 hours.

 

User-initiated Transaction — See Direct Borrowing.

 

Verification — The process by which a library determines the accuracy of information.

 

Working Days — Days on which the library is open for service.