Section 3035.10  Definitions

 

For the purpose of this Subpart, the definitions in 23 Ill. Adm. Code 3030.110 are applicable.

 

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)

 

Section 3035.100  System Area and Per Capita Grants

 

Application for Annual Per Capita and Area Grants to the library systems shall be made to the State Librarian prior to July 1 of each year and shall consist of the following:

 

a)         An annually updated plan of service.  The plan of service shall clearly indicate how the proposed expenditure of State funds in the ensuing fiscal year will be utilized for the provision of member services within the goals for Illinois library systems.

 

b)         The estimated system budget for the ensuing fiscal year based on current year funding with a contingency plan for anticipated funding for the ensuing year.

 

c)         Either of the following:

 

1)         Certification that the library system has adopted the American Library Association's Library Bill of Rights (1996) that indicates material should not be proscribed or removed because of partisan or doctrinal disapproval (American Library Association, 225 North Michigan Avenue, Suite 1300, Chicago IL  60601; https://www.ala.org/advocacy/intfreedom/librarybill; the material incorporated by reference includes no later amendments or editions) [75 ILCS 10/3]; or

 

2)         A written policy, adopted by the library system's board of directors, that indicates the library system will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.

 

d)         Certification that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian, the library system agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the term of the grant award.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.105  Library System Technology Grants

 

a)         Application for library system grants for the provision of services to member libraries and for technology developments (see Section 8(c) of the Illinois Library System Act (Act)) shall be made according to criteria established by the State Librarian. 

 

b)         The number of grants to be awarded is at the discretion of the State Librarian, within the confines of available funding.

 

c)         Applicants must meet requirements established by the State Library for telecommunications and network services to member libraries.

 

Section 3035.110  Special Library Services to Persons with a Print Disability

 

a)         Application for Annual Grants for special library services to Persons with Print Disabilities shall be made to the State Librarian prior to July 1 of each year and shall consist of a budget and a description of services to be offered. 

 

b)         To qualify for an Annual Grant to the Illinois State Library for Persons with Print Disabilities, the applicant agent shall be jointly designated by the Illinois State Library and the Library of Congress National Library Service for the Blind and Physically Handicapped for such purpose.  An annual contract with the State Library shall be executed that specifies the objectives and budget for the service.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.115  Public Library Per Capita and Equalization Aid Grants

 

a)         To be eligible for a per capita or an annual equalization grant, a public library shall show that it will either meet or show progress toward meeting Serving Our Public 4.0:  Standards for Illinois Public Libraries (2019) (produced by the Illinois Library Association, 560 W. Washington Boulevard #330, Chicago IL 60661). The material incorporated by reference includes no later amendments or editions. A grant applicant must raise or improve its performance levels in relation to the standards, when those levels are below the standards, according to objectives, time frames, and priorities the library shall state in its application for a grant, and that it shall also state are consistent with the terms of the plan of service of the system of which it is a member.  (See Section 8.1(1) of the Illinois Library System Act [75 ILCS 10].) The applying library must be in good standing with the library system of which the applying library is a member and meet the criteria of a "full member library" or a "developmental member library" as defined in 23 Ill. Adm. Code 3030.110.  Pursuant to 75 ILCS 10/3, the applying library must certify that it has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or provide a written policy, adopted by the public library's board of trustees, that indicates the library will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.  The applicant library shall certify that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian, the library agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the term of the grant award.

 

b)         Application for annual equalization grants and per capita grants to public libraries shall be made each year.  (Section 8 of the Act)  Whenever an applicant library reports any changes in the population count for the eligible service area population, the applicant library must submit with the grant application the appropriate supporting legal documentation for the population count change.  The Illinois State Library will validate the eligible service area population of a public library using the latest census of the population of Illinois, or of a municipality or parts of a municipality, as prepared and submitted to the Secretary of State's Index Department by the federal government and certified by the Secretary of State in accordance with the application deadline date established by the Illinois State Library.

 

c)         For a public library to qualify for a per capita grant, it must be a member of a library system and not under suspension.  The application shall show that grant funds will be used to meet or make progress in meeting Illinois library standards cited in subsection (a). 

 

d)         A public library that receives a per capita grant and or equalization aid and contracts for service with another public library must, within 30 days after receipt of the grant funds, remit the entire amount to the public library that provides the service.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.120  School District Library Grant Program

 

a)         To be eligible for a School Library Grant, the applicant must be an Illinois public school district and a member in good standing of a regional multitype library system or have made application for system membership 90 days before the grant application deadline and be approved for membership prior to the following January 15.  The applying public school district must certify, pursuant to 75 ILCS 10/3, that the public school district has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or provide written procedures, currently in effect at the school district, that indicates its library or libraries will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.  The applicant public school district shall certify that for grants made under this Section on or after January 1, 2024, and upon request of the State with any final decision for the reconsideration of library materials during the term of the grant award.

 

b)         To qualify for a grant under this Part, a school library must meet the criteria in Section 8.4 of the Act.  

 

c)         Application for School Library Grants shall be made each year. 

 

d)         The applicant shall show that grant funds will be used to support the services of the district's school library media program.  The grant may not be used for the construction of a new library or for capital improvements to the existing library. 

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.125  Library Grants for Veterans' Homes

 

a)         Pursuant to Section 8.6 of the Act, this Section establishes the application procedures for veterans' home library grants.

 

b)         The application must be submitted to the Illinois State Library in a manner prescribed by the State Librarian.  The applicant shall provide the information stipulated in Section 3035.135(d).  The application must include:

 

1)         A statement on the proposed use of the grant for which application is being made that details how grant funds will be used for library services to residents.  Grant funds are eligible to be used in support of library services and activities, including library staffing, materials, and equipment.

 

2)         Pursuant to 75 ILCS 10/3, the applicant must certify that the applicant has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or provide a written policy that indicates the applicant will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.  The applicant shall certify that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian, the applicant agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the term of the grant award.

 

3)         Other requirements established by the Illinois State Library.

 

c)         Illinois State Library staff will evaluate the applications, and the State Librarian will make final funding decisions.

 

d)         The application will be funded according to the amount of funding available based on demonstrated need.  Criteria will also include whether the plan of operation contains information about the project goals and objectives, the methods used to achieve these goals and objectives, and the involvement of staff in providing library service.

 

e)         In order for an application to be considered, the veterans' home must be providing library services to the residents at the time of application.

 

f)         In accordance with Section 3035.140(b), the applicant shall submit reports on the use of grant funds as required by the Illinois State Library

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.130  Technology Grants

 

a)         Competitive Grants

 

1)         Application for purchases of equipment and services that support library development and technological advancement (see Section 8.5 of the Act) in libraries shall be made prior to July 1.  Applicants shall use the forms prepared and made available by the State Librarian for this purpose.

 

2)         Criteria will include whether the project plan contains information about the project goals and objectives, the methods used to achieve these goals and objectives, the number of people to be served, and whether the proposed budget is reasonable in view of the proposed goals.

 

3)         The applicant must certify, pursuant to 75 ILCS 10/3,  that the applicant has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or provide a written policy that indicates the applicant will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection because individuals or groups object to the material.  An individual school library or public school district applicant may provide written procedures, currently in effect at the school or school district, that indicate its library or libraries will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.  The applicant shall certify that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian, the applicant agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the term of the grant award.

 

4)         The number of grants to be awarded is at the discretion of the State Librarian.

 

5)         Applicants must meet requirements designated by the State Library for public access to electronic information and technology.

 

b)         Direct expenditures by the State Librarian may be made to support library development and technological advancement in libraries (e.g., upgrading library catalogs and databases, webinar platforms, digitization of newspapers, online catalog for talking books for the blind) (see Section 8.5 of the Act).

 

c)         Funding awarded under subsections (a) and (b) may be used for any or all of the following purposes:

 

1)         Telecommunications costs for electronic networks for ILLINET libraries and library systems;

 

2)         Computer hardware and software for ILLINET libraries and library systems;

 

3)         Access to electronic information by the general public through ILLINET libraries;

 

4)         Converting special collections and rare materials in ILLINET libraries into digital format, making them accessible by computer to students, researchers, and the general public;

 

5)         Library organizations are eligible for Technology Grants for purposes stipulated in this subsection (c).  Library organizations must draw their membership from librarians or various types of libraries as defined in Section 3035.10. Their headquarters must be within the State of Illinois. Their mission must have the charge for promotion, provision, development, and improvement of libraries and library services and be based in Illinois.

 

d)         The applicant shall submit reports, in accordance with Section 3035.140(b), on the use of grant funds as required by the Illinois State Library.

 

e)         Grants made under this Section are subject to the provisions of the Illinois Grant Funds Recovery Act [30 ILCS 705].  If a provision of this Subpart conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Funds Recovery Act controls.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.135  Requirements, Denial, and Revocation of Approval

 

a)         Libraries shall complete, on an annual basis, the certification process required for library system membership in order to apply for a grant under this Part.

 

b)         A grant applicant must demonstrate in its grant applications that it has satisfactorily met all requirements and possesses the administrative capacity to perform the program, fiscal, and reporting functions stipulated in this Part.

 

c)         The Illinois State Library may deny a grant application if the requirements in this Part are not met or are inadequately met.

 

d)         Grant applicants must use the grant application format prepared and made available by the State Librarian for this purpose.  The applications are available at http://www.ilsos.gov/departments/library/grants/home.html. The applicant shall provide:

 

1)         Project Director

 

2)         Administrative Capacity

 

3)         Project Title

 

4)         Abstract

 

5)         Primary Purpose

 

6)         Project Description

 

7)         Target Audience and Need

 

8)         Project Schedule

 

9)         Outcomes, Evaluations, and Methods

 

10)         Detail and Explanation of Expenses

 

e)         Grant applications not submitted in the required format by the deadline date, or not completed, will not be considered for funding by the Illinois State Library.

 

f)         Any agency submitting a grant application not considered for funding by the Illinois State Library will be notified, explaining the reason for denial.

 

g)         The Illinois State Library will provide for hearings to reconsider decisions made in the administration of this Part, as provided for in Section 3035.150.

 

h)         Grants made under this Subpart are subject to the provisions of the Illinois Grant Funds Recovery Act [30 ILCS 705].  If a provision of this Subpart conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Fund Recovery Act controls.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.140  Grants, Expenditures, and Audits

 

a)         The Illinois State Library staff shall review grant applications.  Additional qualified reviewers may be selected by the Director of the Illinois State Library as needed. If a grant reviewer has an application in competition or a conflict of interest during a review cycle, that grant reviewer shall not serve on the related review committee during that cycle.  The decision of the State Librarian is final.

 

b)         The Illinois State Library will notify the submitting agency when the application is approved for contractual purposes.  As stipulated by the grant agreement, the following reports will be completed and transmitted to the Illinois State Library:

 

1)         Quarterly narrative and financial reports showing expenditures made from grant funds by line item.

 

2)         Final narrative and financial reports evaluating the degree to which the grantee achieved the goals and objectives of the project.

 

c)         Changes in the project budget of over 10 percent of the grant award shall have prior approval in writing from the Illinois State Library.  Recipients of the Public Library Per Capita and Equalization Aid Grants, the School District Library Grant, and Public Library Construction Grant shall follow the requirements in Sections 3035.115, 3035.120, 3035.450(b)(2)(H) and 3035.540(h), respectively.

 

d)         Failure to spend funds in accordance with the application or approved amendment and the reporting procedures stipulated in this Part shall result in ineligibility for future grants for a period of one year.

 

e)         Pursuant to 75 ILCS 10/3, failure to maintain and abide by the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or the applicant's/grantee's written policy or procedure declaring the inherent authority of the applicant to include a prohibition of the practice of banning specific books or resources, will result in revocation of the grant award pursuant to the Grant Funds Recovery Act [30 ILCS 705].

 

f)         All grantees receiving grants under Subparts A, B, D, E, F and G with a combined cumulative total of $175,000 or more in these grant awards in the same fiscal year shall submit an agencywide audit upon completion of the grant activity.

 

1)         All governmental unit audits shall comply with Government Auditing Standards (also known as "GAGAS" or the "Yellow Book") (2018 Revision), published by the Comptroller General of the United States, Government Accountability Office, 441 G. Street, NW, Washington DC  20548 (http://www.gao.gov/yellowbook).  No later amendments to these standards are incorporated in this Section.

 

2)         All not-for-profit agency audits will comply with “2023 Not-for-Profit Entities Audit and Accounting Guide”, published by the American Institute of Certified Public Accountants, 1345 Avenue of the Americas, 27^th Floor, New York NY  10105 (AICPA & CIMA (aicpa-cima.com)).  No later amendments to these standards are incorporated in this Section.

 

g)         The Illinois State Library may request additional information and data from any governmental unit, not-for-profit agency, public corporation, or other entity submitting a grant application.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.150  Appeal Procedure  

 

a)         Whenever the Illinois State Library rejects a completed and reviewed grant application under this Part, it shall so notify the applicant in writing within 7 days after the decision.  The notice shall state with specificity the grounds for rejection.  If a provision of this Part is used to reject the application, a copy of the rule shall be included in the notice.

 

b)         Applicants may appeal the decision of the Illinois State Library by requesting a hearing within 30 days after receipt of the notice rejecting the application.  The request shall be in writing and shall specify the grounds for the applicant's position that the application was rejected erroneously.  The Illinois State Library shall notify the Secretary of State of the requests for hearings.

 

c)         Grounds for Appeal

 

1)         Grounds for appeal shall include the following:

 

The rules governing review of grant applications were not applied or were applied incorrectly by the Illinois State Library.

 

2)         Grounds for appeal shall not include the following:

 

A)        The applicant's intention to submit additional or clarifying information beyond the application deadline.

 

B)        Funds appropriated to fund the grant program remain unobligated after successful applicants were awarded grants.

 

d)         Hearing Arrangements are stipulated in 23 Ill. Adm. Code 3030.420 through 3030.495.

 

e)         If the Secretary of State finds, upon review of the recommendations of the administrative law judge and the Director of the Illinois State Library, that an application was erroneously denied, and if the applicant's project is higher in priority under Section 3035.430 than other projects recommended for a grant, the applicant's project will be funded during the fiscal year if sufficient funds are available, or the next fiscal year subject to an appropriation by the General Assembly.

 

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)

 

Section 3035.200  Purpose

 

a)         The Adult Literacy Grant Program is part of the Literacy Grant Program established by Section 7.2 of the State Library Act [15 ILCS 320/7.2] to develop, expand or support adult, family and workplace literacy programs in Illinois through local community programs administered by education agencies, libraries, public and private employers, volunteer or community-based organizations, or a coalition of any of these entities.

 

b)         The purposes of the 3 types of literacy programs are:

 

1)         Adult literacy program will provide direct instructional services in reading, writing, comprehension, computation or English language by volunteer tutors to persons 17 years or older who read, write, comprehend or compute below a 9.0 grade level or below student performance level 7 in English language skills.

 

2)         Workplace literacy program will provide services at their place of business to assess the educational skill levels of, and to provide direct instructional services for, adults employed or available to be employed by an Illinois employer who read, write, comprehend or compute below a 9.0 grade level in English or below student performance level 7 in English language skills.

 

3)         Penny Severns family literacy program will provide direct instructional services to parents and children and reciprocal parent-child learning activities offered to adult caregivers and their children.  Adult caregivers must be persons 17 years or older who read, write, comprehend or compute below a 9.0 grade level or below student performance level 7 in English language skills.

 

c)         The features of each of the three types of literacy programs are delineated in Exhibit A of this Part.

 

(Source:  Amended at 37 Ill. Reg. 4348, effective March 19, 2013)

 

Section 3035.210  Definitions

 

"Adult Literacy Program" means a structured program that provides direct instructional services in reading, writing, comprehension, computation or English language skills to adult students using volunteer tutors.

 

"Adult Literacy Provider Agency" means an educational agency providing basic skills or English language instruction to adult students.

 

"Adult Student" means an individual in Illinois who has exceeded the maximum age for compulsory schooling (17), is not currently enrolled in school (see 105 ILCS 5/Art. 26) and qualifies for instructional services through an educational assessment.

 

"Applicant" means "Submitting Agency" as defined in this Section.

"Application" means the formal request for a literacy grant submitted to the Illinois State Library pursuant to this Subpart.  

 

"Basic Skills Instruction" means instructional services in reading, writing, comprehension and/or computation.

 

"Businesses" means public or private employers. Businesses functioning as educational agencies may not be a for-profit entity.

 

"Child Education Agency" means an entity working with children at risk of school failure.

 

"Coalition" means a structured cooperative effort among libraries, education agencies, and community-based organizations, or any combination of these entities, at the local or regional level.

 

"Community" means any county or municipality in Illinois.

 

"Community-based Organization" means a private or public not-for-profit organization, including volunteer organizations, located in an Illinois community, that provides services to citizens within that community and the surrounding area.

 

"Computation" means to determine by mathematics.

 

"Contract" means the agreement between the Illinois State Library and submitting agency to implement a literacy project. 

 

"Educational Agencies" means those entities eligible to apply that are public libraries and are members of an Illinois regional library system; community colleges, school districts and regional offices of education that are certified by the Illinois Board of Higher Education, the Illinois State Board of Education or the Illinois Community College Board; community based organizations, volunteer agencies or a coalition of those entities, and businesses as defined in this Section.  If not a governmental entity, the agency must have been granted 501(c)(3) status by the Internal Revenue Service.

 

"Educational Assessment" means testing methods that measure the educational skills possessed by adults, including reading, writing, comprehension, computation or English language skills.

 

"English Language Instruction" means instructional services in reading, writing, comprehension, computation and speaking the English language.

 

"Equipment" means a computer or similar technology that will be used to support instructional materials as defined in this Section but not for the administration or management of a literacy program.

 

"Family Literacy" means a structured program that provides direct instructional services in basic skills or English language, parenting instruction for adults, developmentally appropriate activities for children, structured reciprocal time for both to learn together, and library education.

 

"Fiscal Year" means the fiscal year of the State of Illinois.

 

"Instructional Materials" means written and electronic materials that are used in teaching adults basic reading, writing, comprehension, computation or English language skills.

 

"LAB" means the Literacy Advisory Board established by the State Library Act [15 ILCS 320/7.2].

 

"Library" means a tax-supported public library within an Illinois library system.

 

"Literacy" means the ability of an individual to read, write, compute, and speak in English, and solve problems at levels of proficiency necessary to function on the job and in society, to achieve one's goals, and develop one's knowledge and potential.

 

"Literacy Program" means a structured project or program that provides direct instructional services in literacy to adult students.

 

"Math Student" means an adult whose math skills are below the 9.0 grade level and/or below educational functioning level 6 and who is enrolled in the literacy program for math instruction.

 

"Partnering Agency" means those agencies who will receive part of the grant funds or who will actively participate in the literacy project as an essential component of that project, without whose participation the project would fail or be radically changed.

 

"Secretary of State" means the Illinois Secretary of State, who is the State Librarian.

 

"Site Visit" means a visit conducted by a literacy grant monitor to a literacy grant recipient to determine whether the project meets or maintains the criteria of the grant program. The site visit may be made in person, by phone or by electronic means, at the discretion of the Illinois State Library Literacy Office. 

 

"State Library" or "ISL" means the Illinois State Library, a department of the Illinois Secretary of State established pursuant to the State Library Act [15 ILCS 320].

 

"Submitting agency" means the eligible education agency or business authorized to submit a literacy grant application. The submitting agency shall be the legal entity responsible for the disbursement of public funds.

 

"Testing" means educational assessment.

 

"Volunteer Tutor" means an unpaid, trained individual over the age of 17 who provides one to one or small group instruction to adult students.

 

"Workplace Literacy Program" means a structured program that provides direct instructional services in reading, writing, comprehension, computation or English language skills to adult employees or prospective employees at their place of employment.

 

(Source:  Amended at 46 Ill. Reg. 6614, effective April 7, 2022)

 

Section 3035.220  Application for Grant

 

a)         ISL may make grant applications available prior to the availability of funds, subject to the conditions stipulated in Section 3035.135 of this Part.

 

b)         Applications shall be submitted to the Illinois State Library in a format prescribed by the Secretary of State. The applicants shall provide the information stipulated in Section 3035.135(d).

 

c)         Grant awards and the maximum grant amounts will be determined by the State Librarian.

 

d)         Applications shall include the following information:

 

1)         The name of the literacy program for the community.

 

2)         The name and address of the applicant.

 

3)         The name and telephone number of the applicant's director or executive officer.

 

4)         The name, address and contact person for each business whose employees will participate in workplace literacy services.

 

5)         The name, address and contact person for the local public library that is partnering in family literacy services.

 

6)         The name, address and contact person for the child education agency that is partnering in family literacy services.

 

7)         The name, address and contact person for the adult literacy provider agency that is partnering in family literacy services.

 

8)         The term of the literacy program, including a time schedule for the completion of project objectives of the literacy program within the grant year.

 

9)         The total amount of grant money requested for the literacy program.

 

10)        A brief and explicit description of the literacy program purpose and goals.

 

11)        A statement supported by current, relevant statistics (e.g., dropout rates, census figures on the education level of the local population, or the number of persons receiving public assistance) and other evidence detailing the need for the literacy program in the particular community or geographic region of the applicant.

 

12)        A statement of the instructional and recruitment methods to be used to meet its stated goals.

 

13)        An explicit description of plans to evaluate project goals and student progress, including statistical data.

 

A)        Testing

 

i)          Plans for pre- and post-testing of students must be part of the proposal application. The Slosson Oral Reading Test − Revised (SORT-R), 2002 edition (produced by Slosson Educational Publications, Inc., P.O. Box 544, 538 Buffalo Rd., East Aurora NY 14052-0544), or the Test of Adult Basic Education (TABE), 2004  edition (produced by CTB/McGraw-Hill, 20 Ryan Ranch Road, Monterey CA 93940-5703) must be used in student testing for semiannual reports submitted to the State Library.  The materials incorporated by reference include no later amendments or editions. 

 

ii)         In the case of English as a Second Language (ESL)  projects, professionally accepted tests must be used, such as the English as a Second Language Oral Assessment (ESLOA), 1978 edition (produced by New Reader's Press, 104 Marcellus Street, Syracuse NY 13204-2952); the Combined English Language Skills Assessment (CELSA), 2009 edition (produced by the Association of Classroom Teacher Testers, 1187 Coast Village Road, Suite 1 #378, Montecito CA 93108-2794); the Basic English Skills Test (BEST), 2006 edition (produced by the Center for Applied Linguistics, 4646 40^th Street, NW, Washington DC 20016-1859; the Foreign Service Institute Oral Proficiency Interview (FSI) (also known as ILR), 1983  edition (produced by the Foreign Service Institute Shultz Center, 4000 Arlington Boulevard, Arlington VA 22204-1500).  The materials incorporated by reference include no later amendments or editions. 

 

iii)        In the case of students who enroll for math assistance only, the TABE math test, 2004 edition (produced by CTB/McGraw-Hill, 20 Ryan Ranch  Road, Monterey CA 93940-5703), must be used in testing.  The material incorporated by reference includes no later amendments or editions.

 

iv)        Other professionally accepted educational assessments approved by the Literacy Office of the State Library may be used that provide accurate measurements of an adult student's literacy or English language skill level.

 

14)        A statement from each of the partnering agencies in the literacy project detailing their responsibilities to the literacy project, including cooperation, coordination and services, and including signatures of organization representatives.

 

15)        The budget for the literacy project, setting forth the personnel costs, fringe benefits (e.g., retirement benefits and health insurance), travel costs, equipment purchases, supplies, contractual services, instructional materials, and any other expense necessary to operate the literacy program proposed in the grant application.

 

A)        No more than 10% of total grant funds may be used to purchase equipment. The equipment becomes the property of the literacy project and is not intended to be consumable.

 

B)        Costs for purchase of consultant services will not be allowed in the proposal budget unless the specific expertise required is not available at the applicant's agency or the Illinois State Library. Justification must be provided if consultant services are purchased, and a complete description of the work to be performed must also be provided.  The proposed consultant must be mutually acceptable to both the grantee and Illinois State Library, based on the consultant's prior experience and expertise in literacy programs.

 

(Source:  Amended at 46 Ill. Reg. 6614, effective April 7, 2022)

 

Section 3035.230  Review of Grant Applications

 

a)         The LAB and other qualified reviewers shall review all grant applications for projects that are designed to deliver direct instructional service in literacy to adult students. If a grant reviewer has an application in competition or a conflict of interest during a review cycle, that grant reviewer shall not serve on the related review committee during that cycle.

 

b)         The review process will use the following selection criteria:

 

1)         Whether the need for literacy services for the target population is demonstrated and how proposed literacy services address the need.

 

2)         Whether statements from partnering agencies demonstrate cooperation and coordination with the proposed literacy project.

 

3)         Whether the application contains a specific statement of project goals and outcomes, the methods used to achieve these goals and outcomes, and the manner in which these goals and outcomes will be evaluated.

 

4)         Whether the proposed budget is reasonable in view of the proposed goals of the project, and the budget is adequate to support the project.

 

5)         Whether the application contains the number of students to be served and evaluation methods and procedures that will produce quantifiable data regarding the results of the educational assessment, including pre- and post-testing of students to evaluate student progress.

 

6)         Whether the persons managing the project have experience, training or education to provide adult literacy programming, including at least a bachelor's degree, and the administrative capacity to support the project.

 

7)         A report on the use of the previous year's grant, if a grant was received, detailing information on students served, progress of program towards its stated goals and an evaluation detailing the student outcomes achieved, the programmatic outcomes and the impact of the program.

 

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)

 

Section 3035.240  Award of Grants, Accountability and Recordkeeping

 

a)         The LAB will make a recommendation to the Secretary of State as to which grant applications shall be approved, based upon the criteria in Section 3035.230.

 

b)         Grant awards will be made upon appropriation of funds.  For grants under this Subpart, the State Library shall make a lump sum payment upon the signing of the grant contract with the Secretary of State.

 

c)         No public funds shall be awarded to any grant applicant that:

 

1)         Does not certify or state that it will comply with the Illinois Human Rights

Act [775 ILCS 5].

 

2)         Uses as its staff or management personnel persons who have been convicted of any felonies involving moral turpitude, embezzlement, theft, sexual offense, fraud or misrepresentation under laws of the United States, Illinois or any other state, or have been convicted of bribery in violation of Section 50-5 of the Illinois Procurement Code [30 ILCS 500/50-5].

 

3)         Has employees of the Office of the Secretary of State as its managers.

 

4)         Has been disqualified and had its grant cancelled in previous years for false application statements, failure to adhere to the grant plan as approved by LAB, failure to complete reporting requirements satisfactorily, misappropriation of funds, or any violation of this Part as determined by the Secretary.

 

d)         Awards shall be made on or after July 1 of every year for the fiscal year then commencing.

 

e)         The Secretary of State shall make his or her final decision upon each recommendation as soon as possible or within 60 days after the recommendation is presented to the Secretary.

 

f)         The final approved grant applications and the funding determination shall constitute the Adult Literacy Grant Program, which shall be a public record, as shall be the grant applications, whether approved or not, and shall be subject to disclosure pursuant to the Freedom of Information Act [5 ILCS 140] and the rules of the Secretary of State found at 2 Ill. Adm. Code 551.

 

g)         Approved grant applicants shall submit to the State Library, Office of the Secretary of State, such reports as deemed necessary by the Illinois State Library staff to assure project accountability.  Reports to be submitted include:

 

1)         Quarterly financial reports showing expenditures made from grant funds

by line item.

 

2)         Quarterly narrative reports stating the progress of the project.

 

3)         Semiannual statistical reports including number of students served and results of educational assessments.

           

h)         A literacy grant monitor shall make a minimum of one site visit during each biennium. Additional site visits shall be made at the discretion of the Illinois State Library Literacy Office (for such reasons as poor recordkeeping, fiscal irregularities, monitor's/staff's request after viewing narrative reports, requests by literacy program).  Literacy monitors shall evaluate program effectiveness.  It shall be the responsibility of the grant monitor to:

 

1)         Review the grant budget and expenditures in the project to date.  

 

2)         Verify that the project plan is being implemented according to the proposal approved by the LAB.

 

3)         Submit a written report on the progress of the project to the Literacy Office following each site visit.

 

i)          The decision of the Secretary of State upon any grant application shall be a final decision for the purpose of the Administrative Review Law [735 ILCS 5/Art. III].

 

(Source:  Amended at 37 Ill. Reg. 18922, effective November 7, 2013)

 

Section 3035.250  Cancellation of Grant

 

a)         A grant shall be cancelled if:

 

1)         Required reports and data are not submitted as required by Section 3035.240(e).  Grant programs shall receive one 30 day notice requesting compliance with this Section before the grant is cancelled.

 

2)         An interim financial report shows financial irregularities, such as misappropriation or embezzlement of funds by the grant program operator and/or its employees and staff.

 

3)         The grant program fails to adhere to the grant plan as approved by LAB.

 

4)         The grant program managers are convicted of any felony or misdemeanor.

 

5)         The grant program fails to operate properly and effectively.

 

6)         A monitor's evaluation shows program irregularities or non-compliance with this Part.

 

b)         Upon cancellation, the Secretary shall send a notice by certified mail, return receipt requested, to the grant program, which shall return all unexpended public funds to the Secretary within 30 days after the date of the cancellation notice.

 

c)         Grants made under this Subpart are subject to the provisions of the Illinois Grant Funds Recovery Act [30 ILCS 705].  If a provision of this Subpart conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Fund Recovery Act controls.

 

Section 3035.260  Fiscal Procedures

 

The literacy grant recipient shall follow the conditions stipulated in Section 3035.140 of this Part.

 

(Source:  Amended at 37 Ill. Reg. 4348, effective March 19, 2013)

 

Section 3035.270  Other Requirements (Repealed)

 

 (Source:  Repealed at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.280  Penny Severns' Grant Program (Repealed)

 

(Source:  Repealed at 37 Ill. Reg. 4348, effective March 19, 2013)

 

Section 3035.300  Purpose

 

a)         The Illinois State Library Scholarship Program Grants, which assist Illinois residents to obtain a master's degree in library and information science, are established in this Subpart.

 

b)         The purposes of the Library Scholarship Program Grants are to encourage college graduates with demonstrated scholarship, talent and potential to enter the library profession, to encourage these new librarians to work in Illinois libraries, and to improve and stimulate development of library service in Illinois.

 

c)         The State Library shall administer the State Library Scholarship Program Grants.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.310  Definitions

 

"Academic Year" shall mean the instruction period from the fall term of one calendar year through the spring term of the following calendar year, unless the grantee has requested to begin studies with summer enrollment.

 

"Applicant" shall mean a person who applies for the Illinois State Library Scholarship Grant and who has not begun the program for a master's degree in library and information science.

 

"C Average" shall mean the median grade on a letter grading system at the Illinois graduate library schools, or a 2.0 grade on a 4.0 grade scale, or a 3.0 grade on a 5.0 grade scale.

 

"Director" shall mean the Director of the Illinois State Library.

 

"Grant" shall mean a Library Scholarship Program Grant being awarded under this Subpart.

 

"Illinois Library and Information Network (ILLINET) Library" shall mean a library that is a member of an Illinois library system.

 

"Library" shall mean an entity that serves the basic information and library needs of its constituents through a bibliographically organized collection of library materials and has at least one employee who works at least 15 hours per week as a librarian.  The collection must have permanent financial support, be accessible centrally and occupy identifiable quarters in one principal location.

 

"Library System" shall mean an organization of libraries established under the Illinois Library System Act [75 ILCS 10].

 

"MLS" shall mean a program for the master's degree in library and information science in which the applicant is enrolled and for which the scholarship grant is awarded.

 

"Resident of Illinois" shall mean a person who is domiciled in Illinois for one calendar year prior to application, or a person who is a domiciliary of Illinois and registered to vote in Illinois but is attending a school of higher education outside of Illinois.

 

"Secretary of State" or "Secretary" shall mean the Illinois Secretary of State, who is the State Librarian.

 

"State Library" shall mean the Illinois State Library, as established pursuant to the State Library Act [15 ILCS 320].

 

"Scholarship Program" shall mean the Illinois State Library Scholarship Program, as established by this Subpart.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.320  Number and Amount of Scholarship Program Grants

 

a)         The State Library shall award no more than 15 Library ScholarshipProgram Grants each academic year, depending on the availability of funds.  The final number of grants awarded shall be determined by the amount of grant money available and the number of qualified applicants.

 

b)         The maximum grant to be awarded shall be $7,500 for the master of library and information science program in which the successful applicant is enrolled.  For grants under this Subpart, the State Library shall make a lump sum payment upon the signing of the grant contract with the Secretary of State.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.330  Illinois Library Schools and Attendance Requirements

 

The grant shall be awarded only to individuals who will attend an American Library Association accredited graduate school.

 

Section 3035.340  Eligibility Requirements

 

a)         Each applicant must be a resident of Illinois and a citizen of the United States or its territories.

 

b)         Each applicant must have received a bachelor's degree from an accredited college or university (with a transcript of all academic work submitted to the Illinois State Library).

 

c)         Each applicant must be accepted at a graduate library school accredited by the American Library Association.

 

d)         Each applicant must agree to sign an agreement with the State of Illinois, Illinois State Library, consenting to spend the equivalent of two years in full-time Illinois library service within the first three years following graduation from graduate library school.  Service must be in ILLINET library, Illinois library system or at the Illinois State Library.

 

e)         Each applicant must not have commenced graduate study for the master's of library and information science.

 

Section 3035.350  Application Process

 

a)         All applications must be submitted in a format prescribed by the  Illinois State Library by May 1 of each year.

 

b)         All applications must be submitted on the written application form supplied by the State Library.  The application form shall request personal identifying information concerning the applicant, the name and admittance date of the library school the applicant seeks to attend, the applicant's educational history and college transcripts, the collegiate extra academic activities of the applicant, any organizational affiliations of the applicant, the applicant's employment history, the names and addresses of three references, and an essay question to be answered by the applicant seeking to know why the applicant wants to be a librarian.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.360  Selection of Scholarship Program Grantees

 

a)         A grant will be awarded to up to 15 applicants per calendar year who:

 

1)         possess the best academic performance as indicated by:

 

A)        grade point average, in comparison to the other applicants and to the applicant's peers in his or her undergraduate school;

 

B)        the personal interview by the State Library staff and the Illinois State Library Scholarship Grant Program Committee appointed by the Director of the Illinois State Library;

 

C)        whether the answer to the essay question on the application form shows the applicant to be a person genuinely interested in becoming a librarian in Illinois (for example, by identifying their personal goals and by demonstrating their intellectual curiosity, initiative, leadership ability, flexibility, punctuality, dependability, creativity and resourcefulness);

 

2)         participated in extracurricular activities in college that show the applicant to be a student with interests that can contribute to his or her success as a librarian;

 

3)         produce personal references that recommend the applicant for the grant;

 

4)         exhibit positive attitude and demeanor toward his or her work, indicating that the applicant will work well in the library community; and

 

5)         are likely to succeed academically in the master of library and information science program based upon past academic and extracurricular performance.

 

b)         Only applications postmarked by May 1 of each calendar year will be considered.

 

c)         The successful grant applicants will be notified by August 1 of each calendar year.

 

d)         The final decision regarding each applicant will be made by the Director of the State Library.

 

e)         Grant applications are subject to the conditions stipulated in Section 3035.135 of this Part.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.370  Conditions of Scholarship Program Grants

 

a)         The applicants must submit proof of acceptance but not be enrolled in the graduate library program at a school specified in Section 3035.330 by May 1 of each calendar year.  No grant award may be utilized to defray or otherwise reimburse previous study and applicants may not be enrolled in the graduate program at the time of submission of the application.

 

b)         The grant recipient must notify the State Library in writing of his or her proposed date of graduation from the master of library and information science program at least four months before the date of graduation.

 

c)         The grant recipient must immediately notify in writing the State Library of other grants or loans being accepted by the applicant.

 

d)         The grant recipient must commence the master of library and information science program at the beginning of the next fall academic term (unless the grantee has requested to begin studies with summer enrollment), and must continue on a full or a part-time basis with no interruptions or leaves of absence, except upon the written approval of the Director of the State Library after consideration of the recipient's written request, based on unforeseen hardship, such as personal emergency, illness or disability.

 

e)         The recipient must forward an original or photocopy of the college's or university's official notification of grades of graduate library school courses for each semester of study to the Illinois State Library Scholarship Program Grants Committee within 30 days following the semester's conclusion.

 

f)         A Library Scholarship Program Grant is subject to cancellation if a C average for each semester of graduate library courses is not maintained.

 

g)         If, for any reason, the grant recipient is unable to complete the required course program and receive the master's degree in library and information science, the recipient must refund the total amount of money received.  The grant must also be repaid if the recipient fails to fulfill the personal services agreement for two years of full-time work in a qualifying Illinois library.  In the event of other extenuating circumstances (i.e., unplanned, unforeseen crisis, emergencies, or situations beyond the recipient's control), the responsibility of the recipient will be reviewed and determined by the Director of the Illinois State Library.

 

h)         The recipient must satisfy the requirements of the personal services agreement with the Illinois State Library within the first three years following graduation from graduate library school.  The recipient must submit to the Illinois State Library proof of employment by an ILLINET library, Illinois library system or the Illinois State Library and proof of continued employment in such a library until the two year work agreement has been fulfilled.

 

i)          The successful applicant must sign a written agreement evidencing all of these terms and conditions at the time of acceptance of the grant.

 

j)          The failure, either by neglect or willful misconduct, of the recipient to strictly adhere to this Section shall result in the forfeiture of the grant, and the grant shall be paid back to the State Library.  If the two year work agreement is not fulfilled, the recipient shall repay the amount of the grant, or repay a pro-rated amount if only a fraction of the time is worked in a public library.  The Director shall send a written payback order to the applicant.  If the recipient wishes to contest the payback order, he or she shall be entitled to request a personal hearing before the Director.  The request for a hearing must be made within 30 days after the date of the payback order.  The hearing date, time and location will be stated in a letter to the recipient, which will be sent within 15 days after the receipt of the hearing request.  The decision after the hearing by the Director is final.

 

1)         The grant shall be paid back within a three-year period, commencing within 90 days after the grant recipient leaving the master's program without successful completion, or completion of the library service agreement.

 

2)         No interest on the unpaid balance shall be charged.

 

3)         The State Library shall use the offset procedure with the Illinois Comptroller (74 Ill. Adm. Code 285) and the Illinois State Collection Act of 1986 [30 ILCS 210] to collect any unpaid monies due to the State Library by any grant recipient.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.400  Purpose

 

To establish a program of matching State grants to aid in paying for the construction costs of public libraries and facilities for library systems within Illinois.  Local money, except as provided in subsection (c), will be matched by State grants based on the category of grant as follows:

 

a)         Remodeling for Accessibility.  Special projects in which 70% to 100% of total project funds are to be used specifically for remodeling an existing building as outlined in Section 3035.470.  The State's share shall be a maximum of 50% of the project's total cost, subject to the restrictions in Section 3035.435(c).

 

b)         Projects involving new construction, additions to and/or remodeling of existing buildings, conversion of buildings not currently used for library services, energy conservation projects, security systems, technology wiring and renovation projects, including projects involving shared use of public facilities.  The State's share shall be a maximum of 50% of the project's total cost, subject to the restrictions in Section 3035.435(c).  For shared use public facilities, the costs allocated to the public library portion of the building are the only costs eligible for reimbursement under this grant program, as stipulated in Section 3035.480.

 

c)         Mini-grants.  These projects include, but are not limited to, new carpeting, new furnishings, remodeling, energy conservation, security systems, technology wiring and interior or exterior painting.  Public libraries with limited funds receiving mini-grants must address legal requirements for making the building accessible to persons with disabilities.  There is no local match required for mini-grants.

 

(Source:  Amended at 40 Ill. Reg. 2808, effective January 22, 2016)

 

Section 3035.410  Definitions

 

For the purposes of this Subpart:

 

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

 

"Application round" means the period in which applications for grants are available to prospective applicants and completed applications are reviewed and grants awarded as indicated in Section 3035.400.

 

"Appropriation" means the amount of funds actually approved by the General Assembly for a particular fiscal year and allocated to fund the construction grant program under Section 8 of the Illinois Library System Act.

 

"Audit" means a report of financial compliance of a construction grant project by a certified public accountant.

 

"Conflict of Interest" means a situation that arises when a person in a position of authority over an entity or organization, such as an officer, director or manager, may benefit financially from a decision the person could make in that capacity, including direct benefits such as to family members or businesses with which the person is closely associated.

 

"Conflict of Interest Policy" means a policy that defines conflict of interest, identifies the classes of individuals within an organization covered by the policy, facilitates disclosure of information that may help identify conflicts of interest, and specifies procedures to be followed in managing conflicts of interest.

 

"Construction" includes, but is not limited to:

 

The construction of new public library and library systems buildings.

 

The acquisition, expansion, remodeling and/or alteration of existing buildings.

 

The purchase of initial equipment for new buildings or existing buildings that are being expanded, remodeled or altered under this grant.

 

The demolition of existing structures on the project site and/or preparations and improvements of the site, including excavation.

 

Architect's fees and the cost of the site if acquired in the last 2 years.

 

Any combination of these activities.

 

"Conversion" means converting a building currently not used as a library into a public library facility.

 

"Equipment" includes machinery, utilities and built-in equipment and any necessary enclosures or structures to house them, and all other items necessary for the functioning of a particular facility as a library or as a library system facility.  By way of illustration, "equipment" includes fixtures, furnishings and carpeting. Shelving is acceptable in new construction, within new building additions or for accessibility projects.  "Equipment" does not include, for example, books, periodicals, films, recordings, computers, computer equipment, projection equipment or wireless Internet components.

 

"Facility plan" means a narrative report describing the project, with the following components:

 

Examine the present and future public library facility needs required by present and anticipated public library programming. Library buildings are to be planned for 20 year population projection (for new construction, conversions and additions to buildings).

 

A site analysis, space needs assessment and project design as specified in  Section 3035.450(b)(1)(H).

 

How the library facility will provide access for persons with disabilities, as required in the Illinois Capital Development Board's Illinois Accessibility Code (71 Ill. Adm. Code 400), and will display the symbol of accessibility.

 

"Library" means a tax-supported public library that is a full member of an Illinois Library System.  "Library" also means a main library facility and its branches.

 

"Library building consultant" refers to an individual, chosen by the applicant library, with a Master's degree in library science from a library school accredited by the American Library Association with prior experience in at least one library construction project.  An architect licensed to practice in Illinois or a structural or other type of engineer, depending on the scope of work, licensed to practice in Illinois, with prior experience in at least one library construction project, may also be a library building consultant.  The architect or engineer may be retained for other services by the applicant library.

 

"Library system" means an organization defined at Section 2 of the Illinois Library System Act [75 ILCS 10].

 

"Local matching funds" means general funds, securities, general revenue bonds, tax levies, mortgages and locally generated monies that are immediately available upon application or award.  Local matching funds do not include any pledges as defined in this Section; any funds from the State of Illinois or the federal government; or a pending referendum to authorize funds for the construction project.

 

"Mini-grants" means projects to enable public libraries with limited funds, as defined in this Section, to remodel or refurbish the library.

 

"Pledge" means a non-collateralized offer or guarantee in writing of a specified dollar amount as part of the local matching funds for a construction project that is not immediately available upon application or award.

 

"Political unit" refers to the local governing authority.

 

"Public libraries with limited funds" refers to public libraries that would have received an income of less than $15 per capita in the preceding fiscal year by using a formula in which the library's equalized assessed valuation is multiplied by .13% and divided by the population of the library's service area.

 

"Security system" means an electronic system designed to protect the library property, facility and contents and individuals on the premises.

 

"Shared use facility" means a building occupied by a public library and a school or another entity that is open to the public and complements the concept of public library service.

 

"State fiscal year" means the period from July 1 through June 30.

 

"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.

 

"Technology wiring" means the installation of wiring to allow for the transmission of electronic data.

 

"Total project cost" means the combination of the local funds and any State or federal grant funds to be expended on the project.

 

(Source:  Amended at 46 Ill. Reg. 6614, effective April 7, 2022)

 

Section 3035.420  Duty to Administer

 

a)         It shall be the duty of the Illinois Secretary of State, in his or her capacity as the Illinois State Librarian, to administer the provisions of this Part and to award any grants, when appropriate, on an annual basis from funds appropriated by the Illinois General Assembly.

 

b)         The State Librarian shall add to, delete from, or modify this Part in accordance with the provisions of the Illinois Library System Act [75 ILCS 10], as necessary for the administration of these construction grants.

 

c)         The Director of the Illinois State Library shall appoint a committee that will review applications for grants.  The committee shall make recommendations on the program to the State Librarian.  One committee member shall be an architect or an engineer licensed to practice in the State of Illinois.

 

d)         If a grant reviewer has an application in competition or a conflict of interest during a review cycle, that grant reviewer shall not serve on the related review committee during that cycle.

 

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)

 

Section 3035.430  Priorities in Library Grant Construction Proposals

 

a)         Library grant funds for library building construction in any one application round will be awarded according to the following priorities:

 

1)         Remodeling for accessibility, with conditions as stated in subsection (b) of this Section.

 

2)         A maximum of $1 million and no less than 10% of available funding in a fiscal year will be allocated for mini-grants for public libraries.

 

3)         Projects involving new construction, additions to and/or remodeling of existing buildings, energy conservation projects, conversions, technology wiring and renovation projects, including projects involving shared use of public facilities.

 

b)         The cost of  the minimum required accessible parking spaces as stipulated in the Illinois Accessibility Code (71 Ill. Adm. Code 400.310(c)(1)) can be included for remodeling for accessibility projects. The costs covered include the grading, surfacing, striping and signage for the designated parking spaces.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.435  Grant Funding Limitations

 

Fiscal limitations on library building construction grants under Section 8 of the Illinois Library System Act shall include the following:

 

a)         The public libraries in any one county shall not receive more than 50% of the funding in each application round unless there are insufficient applications from libraries in other counties to expend the entire appropriation.  Grants to library systems shall not be included in calculating this 50% limitation.

 

b)         The maximum grant for each library political unit shall be $125,000 per annual funding cycle unless there are insufficient applications from other political units to expend the entire appropriation.  This subsection (b) shall not be used to award grants in excess of the maximum grants per project specified in subsection (c).

 

c)         The minimum grant awarded for mini-grants shall be $2,500.  The minimum grant awarded for projects other than mini-grants and remodeling for accessibility shall be $25,000.  The maximum grant awarded for mini-grants shall not exceed $35,000; the maximum grant awarded for remodeling for accessibility projects shall not exceed $50,000; and the maximum grant awarded for other projects shall not exceed $125,000.

 

d)         Priority will be given to a library that has not received any construction funding, whether under a library construction grant program or a specific appropriation from the Secretary of State, during the three prior State fiscal years, including the current State fiscal year.

 

e)         For projects of a unique nature or resulting from a disaster, the Secretary of State, on the advice of the Illinois State Library, may raise the ceiling, award less than the minimum grant amount, make a special grant award, or allow for consecutive years of funding.

 

f)         Grant contracts awarded under this Part must be signed within 90 days after the grant award notification.

 

g)         A public library may only apply for either a Public Library Construction Grant or a Public Library Construction Act Grant in the same award year.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.440  Additional Grant Funds

 

Additional grant funds for public libraries, appropriated by the General Assembly, may be made in accordance with the provisions of Sections 3035.430 and 3035.435 of this Part.

 

(Source:  Added at 32 Ill. Reg. 9666, effective June 23, 2008)

 

Section 3035.450  Grant Application Procedure

 

The following application procedures shall apply:

 

a)         The Illinois State Library shall issue application forms for library construction grants under this program.

 

b)         Applying libraries and library systems shall submit a signed, completed current library construction grant application, together with the following documents or written assurances, to be eligible for library construction grants. To be eligible for a Public Library Construction Grant, the applicant shall provide:

 

1)         Application Phase

 

A)        The assurances contained in this Section, as listed in the Construction Grant Application Form.

 

B)        A statement describing the necessity for the proposed project.

 

C)        A statement of plans to meet existing library standards of service, Serving Our Public 4.0:  Standards for Illinois Public Libraries (2019), incorporated by reference in Section 3035.115.  This subsection (b)(1)(C) shall not apply to library systems.

 

D)        A description of the project's potential contribution to the improvement of library services within the library's area of service and in any other portions of the State.

 

E)        An affirmative statement that the applicant or its officers, directors, or managers do not have any conflicts of interest or apparent conflicts of interest that may impair the fairness and impartiality of the grant process.  A conflict of interest may arise when an entity or person may benefit financially from a decision that could be made in that capacity, including indirect benefits such as to family members or businesses with which the person is closely associated.

 

F)         A facility plan.  For projects with a total cost of over $150,000, a library building consultant may work with the library in developing the facility plan.  The library board shall select a building consultant in accordance with the Illinois Local Library Act [75 ILCS 5/4-7] and the Illinois Library District Act [75 ILCS 16/30-55.40].

 

G)        For projects with a total cost equal to or greater than $75,000, assurance that an architect or engineer licensed to practice in Illinois is being utilized.

 

H)        Project design, with a site plan, outline of specifications, and an estimated cost per square foot.

 

I)         A letter from the Historic Preservation Division of the Illinois Department of Natural Resources evidencing compliance with the Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420].

 

J)         For new construction, additions, and projects involving evacuation of soil:

 

i)          Documentation stating whether the project site is located in a Special Flood Hazard Area found at the Illinois State Water Survey's Illinois Floodplain Map website (http://www.illinoisfloodmaps.org/).  If the project site is located in a Special Flood Hazard Area, the applicant shall submit an assurance letter from the Office of Water Resources of the Department of Natural Resources stating that the project meets the requirements of Executive Order 2006-5 regarding flood damages.

 

ii)         A subsurface soil analysis by a soils engineer.

 

iii)        A site assessment by a licensed environmental/hazardous materials consultant to determine the existence of asbestos, lead paint, or any toxic substance.  This assurance does not apply to new buildings unless demolition of existing buildings (other than residences) has occurred or is necessary.

 

K)        Assurance that the real estate affected by the proposed construction is available to the library or library system, as is the legal description of the affected real estate.  A deed of ownership or proof of long-term occupancy (20-year minimum) shall be provided, except for mini grants.  The applicant shall provide assurance that the building will remain in use as a public library or library system facility for not less than 20 years after its construction unless other use is approved by the Director of the Illinois State Library.

 

L)        Other funds designated for construction that are immediately available to the library upon application.  Funds may include a mortgage commitment letter from a financial institution licensed by a state or the federal government.  Assurances from the applicant that a referendum is pending or various fundraising activities will be undertaken in the future, with the amount to be raised remaining uncertain, shall not be counted as part of the local matching funds for the purposes of Section 3035.400.

 

2)         Construction Phase

 

A)        An assurance that the grantee library will expend 100% of Secretary of State library construction grant funds within 12 months after the execution of the grant agreement.  If the grantee fails to submit a final report, or an audit, if applicable, within 24 months after the execution of the contract, the grant shall be forfeited unless an extension is granted by the Director of the Illinois State Library.

 

B)        An assurance that the construction work will be performed under the lump sum (fixed price) contract method.

 

C)        An assurance that the library will publicly announce all requirements for architectural, engineering, and land surveying services and procure these services on the basis of demonstrated competence and qualifications and negotiate contracts at fair and reasonable prices, in accordance with the Illinois Local Library Act [75 ILCS 5/5-5] and the Illinois Library District Act [75 ILCS 16/40-45].

 

D)        Architectural, engineering, and land surveying contracts made in accordance with the Local Government Professional Services Selection Act [50 ILCS 510].

 

E)        An assurance that adequate methods of obtaining competitive bidding will be employed prior to awarding the construction contract by public advertising in a newspaper of general circulation in the area, and the award of the contract will be made to the responsible bidder submitting the lowest acceptable bid, in accordance with the Illinois Local Library Act and the Illinois Library District Act.  A copy of the advertisement, with verification of the date of publication and name of the newspaper, shall be submitted to the Illinois State Library within 10 days after publication.

 

F)         No person or business shall bid, offer, make a submission, or enter into a contract with the grantee if the person or business assisted the grantee or any agent or employee of the grantee, who by the nature of the agent or employee's duties has the authority to participate personally or substantially in the contract specifications, requests for bids or proposals, or otherwise by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information or provided similar assistance except as part of a publicly issued opportunity to review drafts of all or part of these documents.  This subsection does not prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business:

 

i)          initiates a communication with an employee to provide general information about products, services, or industry best practices;

 

ii)         responds to a communication initiated by an employee of the library for the purposes of providing information to evaluate new products, trends, services, or technologies; or

 

iii)        asks for clarification regarding a solicitation, so long as there is no competitive advantage to the person or business and the question and answer, if material, are publicly posted and made available to other bidders or offerors as an addendum to the solicitation.

 

G)        When, for any reason, any vendor, bidder, offeror, potential contractor, contractor, or other person suspects collusion or other anti-competitive practice among any bidders, offerors, potential contractors, contractors, or employees of the State, that person shall transmit a notice of the relevant facts to the State Librarian.

 

H)        An assurance that all laborers and mechanics employed by the contractor or subcontractors on all construction projects will be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Illinois Department of Labor in accordance with the Prevailing Wage Act [820 ILCS 130].

 

I)         An assurance that a copy of the building permit will be supplied to the Illinois State Library prior to the actual construction and that the permit will be posted in a prominent place on the construction site.

 

J)         An assurance that any change in the Plans and Specifications requiring a work change order will be submitted to the Illinois State Library.  All change orders shall be subject to the Illinois Public Works Contract Change Order Act [50 ILCS 525].  The Illinois State Library shall be notified of and approve or deny any change orders of $20,000 or more and the modification of any public areas of the grantee library from the proposed original plans of the approved grant application.  The change order will be accompanied by a letter stating that there is no adverse impact on library services.  Change orders do not affect the grant award amount.

 

K)        An assurance that contractors and subcontractors will comply with:

 

i)          all applicable provisions of the Illinois Human Rights Act [775 ILCS 5];

 

ii)         all federal and State laws, rules, and regulations that prohibit discrimination because of race, color, religion, sex, marital status, national origin, ancestry, age, order of protection status, military status, sexual orientation, pregnancy, unfavorable discharge from military service, and physical or mental disability; and

 

iii)        the conflict-of-interest provisions specified in the Illinois Procurement Code [30 ILCS 500].

 

L)        Construction contracts signed by both the library board (or library system board) and contractors that are, or are comparable to, the Standard Form of Agreement Between Owner & Contractor A101-2017, published by the American Institute of Architects, 1735 New York Ave., NW, Washington DC  20006-5292 (http://www.aia.org).  No later amendments to this form are incorporated in this Section.  Contracts are to be submitted to the Illinois State Library prior to the start of construction; also, all subcontractors are to perform work in accordance with the conditions and standards contained in the contracts signed by the board and the Illinois State Library.  The Illinois State Library shall have the right to disapprove any contracts between the library board or library system board and contractors if:

 

i)          The bidding procedure outlined in subsection (b)(2)(E) was not followed.

 

ii)         The conditions and standards specified in the contract between the Illinois State Library and the library board are not incorporated into the contracts between the library board or library system board and the contractors.

 

iii)        The requirements in subsection (b)(2)(K) were not followed.

 

M)       An assurance that a sign will be displayed on the construction site stating that State funds administered by the State Librarian are being used for the construction and that a plaque will be placed in the completed building stating that State funds administered by the State Librarian were used for the project.

 

N)        An assurance that construction will not begin until a contract is executed with the State Librarian.

 

O)        An assurance that construction will commence within 140 days after the effective date of the grant contract.

 

P)         An assurance that any agent authorized by the Illinois State Library, upon presentation of credentials and in accordance with the constitutional limitation on administrative searches, will have full access to, and the right to examine, any records, books, papers, or documents of the grantee involving transactions related to the grant.

 

Q)        An assurance that the following reports and records will be completed and transmitted to the Illinois State Library:  quarterly narrative and financial reports; notification within 15 days after completion of the project; a close-out report that is a final financial and narrative report within 24 months after the execution of the contract, unless an extension is granted by the Director of the Illinois State Library; and other reports and documents, such as prevailing wage rates and receipts to verify vouchers, as reasonably may be required by the State Library.  The final financial report shall be signed by the president of the library's board of directors.

 

i)          Financial reports shall show:  the amount of authorized State and local funds; interest earned on grant funds; expenditures made from grant funds and from interest earned on grant funds; obligated funds, by amount of line item remaining compared to the original budget.

 

ii)         Narrative reports shall state:  the progress of the project; accomplishments to date; problems encountered; objectives met and unmet; changes implemented; and the percentage of completion of the project to date.

 

iii)        The final narrative report shall evaluate the degree to which the grantee achieved the goals and objectives of the project.  The final narrative report shall include a project audit according to Section 3035.140(e).

 

iv)        For a project that requires an architect or engineer, the architect or engineer shall certify to the Illinois State Library when the project reaches the 50% and 100% stage of completion.

 

R)        An assurance that, when construction is complete, sufficient funds will be available for effective operation and maintenance of the facilities, in accordance with applicable federal, State, and local requirements.

 

S)         An assurance that any interest earned on the grant funds will be expended, without limitation or exception, exclusively on the subject construction project.

 

c)         Some of the documentation and written assurances may be waived in the application, upon approval of the Illinois State Library, except that subsections (b)(2)(F), (b)(2)(G) and (b)(2)(K) will not be waived.

 

d)         Applications will be considered in accordance with Section 3035.420(c).

 

e)         Grant applications are subject to the conditions stipulated in Section 3035.135.

 

f)         Grant monies awarded are based on the amount specified in the original budget in the grant application; grant awards will not be increased because of subsequent increases in project costs.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.460  Requirements and Conditions of Grant Funds

 

a)         Building Construction Plans

 

1)         Library buildings are to be planned for 20-year population projection (for new construction, conversions, and additions to buildings).

 

2)         A library building consultant may work with the library in developing and implementing the public library facilities plan. The library board shall select a building consultant in accordance with the Illinois Local Library Act [75 ILCS 5/4-7] and the Illinois Library District Act [75 ILCS 16/30-55.40].

 

3)         An architect and/or engineer licensed to practice in Illinois shall be retained by the grantee throughout the design and construction if the total cost of the project is equal to or greater than $75,000.

 

4)         The library must meet the eligibility criteria to qualify for per capita grants provided in Section 8.1 of the Illinois Library System Act [75 ILCS 10], and must have submitted applications for, and have been awarded, those grants for three previous fiscal years.  This subsection (a)(4) shall not apply to library systems.

 

5)         The library or library system facility shall provide access for persons with disabilities as required in the Illinois Capital Development Board's Illinois Accessibility Code (71 Ill. Adm. Code 400) and shall display the symbol of accessibility.

 

b)         No grant shall be awarded to any public library or regional library system unless the building and the property are owned fee simple by the municipality, library district, or library system, as applicable, or proof of long-term (20-year) occupancy exists.  The State Librarian may grant an exception for any property or building owned in fee simple by a non-profit community organization that is incorporated in Illinois, has federal Internal Revenue Service 501(c)(3) status, and has a charter specifying that the ownership of the property or building shall revert to the public library upon the dissolution of the organization.  No such exception shall be granted for a regional library system.

 

c)         A letter of certification from the project architect or engineer, stating that the drawings represent the project as presented with the grant application, must be submitted to the Illinois State Library for approval prior to going out to bid.

 

d)         All contracts for library construction shall be awarded to the lowest, qualified bidder on the basis of open competitive bidding; however, if one or more items of construction are covered by an established alternative procedure used by a unit of local government and approved by the Illinois State Library as designed to assure construction in an economical manner consistent with sound business practices, the alternative procedure may be followed to the extent consistent with State statutes and local ordinances.

 

e)         The library board shall establish and maintain records and accounts as will permit accurate and expeditious audits at any time before, during, and after completion of construction.  The records shall be retained for not less than the time provided for by the Local Records Act [50 ILCS 205].

 

f)         The library board shall comply with all applicable provisions in local bidding ordinances.

 

g)         The applicant must certify that the applicant has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval, or provide a written policy, adopted by the applicant’s board of trustees or its board of directors, that indicates the applicant will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.

 

h)         The applicant must certify that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian the applicant agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the terms of the grant award.

 

i)          The library must permit statewide reciprocal borrowing.

 

j)          Grants made under this Section are subject to the provisions of the Illinois Grant Funds Recovery Act [30 ILCS 705].  If a provision of this Subpart conflicts with a provision of the Illinois Grant Funds Recovery Act, then the provision of the Illinois Grant Funds Recovery Act controls.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.470  Remodeling for Accessibility

 

Applications for special grants for Remodeling for Accessibility projects shall include:

 

a)         A statement of need to meet the Illinois Accessibility Code.

 

b)         A supplemental detailed project budget showing costs for:

 

1)         Elevators or lifts

 

2)         Remodeling restrooms

 

3)         Ramps and curbs

 

4)         Entrances

 

5)         Remodeling stairways

 

6)         Parking spaces

 

7)         Drinking fountains

 

8)         Accessibility signs

 

9)         Shifting of book stacks for 3 foot clear aisles

 

10)         Circulation desk and study carrels

 

11)         Total (1-10)

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.480  Shared Use Facilities

 

A public library construction project that is intended to be housed in the same building with a school or any other unit of local government, including the offices of the municipality if the library is a municipal library, in addition to any other requirements of this Part, shall submit the following with any application for grant funds:

 

a)         For shared use facilities with a school:

 

1)         The collection development policy of the library;

 

2)         The personnel management plan for the operation of the library indicating who the library personnel will report to and be paid by;

 

3)         The intended operational hours of the library upon completion of the project, including the hours of operation during the time periods when the school is not in session;

 

4)         An indication on any architectural drawings of the entrances for the library and the school;

 

5)         The plans for sharing utility and upkeep costs associated with the building;

 

6)         A signed agreement between the school board and the library board that delineates responsibilities of each to the library;

 

7)         A contingency plan in the event the school portion of the building is closed or no longer used as a school.

 

b)         For shared use facilities other than a school:

 

1)         The personnel management plan for the operation of the library, indicating who the library personnel will report to and be paid by and if the library personnel will have any duties not associated with the library;

 

2)         The intended operational hours of the library upon completion of the project, including the hours of operation during the time periods when the facility partner is not open to the public;

 

3)         An indication on any architectural drawings of the entrances for the library and the other public part of the building;

 

4)         If a district library, the plans for sharing utility and upkeep costs associated with the building;

 

5)         If a district library, a signed agreement between the library board and the facility partner that delineates the responsibilities of each to the library;

 

6)         A contingency plan in the event the facility partner's portion of the building is closed or no longer used.

 

(Source:  Added at 32 Ill. Reg. 9666, effective June 23, 2008)

 

Section 3035.490  Disbursement of Grant Funds

 

a)         For grants under this Subpart, the State Library shall make a lump sum payment upon the signing of the grant contract with the Secretary of State.

 

b)         Throughout the course of the project, the grantee shall submit the following:

           

1)         A revised project budget after bids have been accepted;

 

2)         A revised construction schedule after bids have been accepted;

 

3)         A copy of the building permit issued by the appropriate corporate authority;

 

4)         Copies of each contract signed, including:

 

A)        general contractor;

 

B)        prime contractor;

 

C)        any contracts for which separate bids were advertised and received (e.g., carpeting, equipment);

 

D)        subcontractors (if contracts are to be signed later, copies can be sent as signed but prior to the start of the subcontractor's work);

 

5)         Notification of the erection on the construction site of a sign stating that library construction funds administered by the Secretary of State are being used for the project;

 

6)         Quarterly narrative and financial reports to date;

 

7)         Letter of notification as to the official date of actual construction start.  Construction should begin within 140 days after the effective date of the contract with the Illinois State Library, according to Section 3035.435(f); and

 

8)         Submission of any projected project expenditure changes, including identification in detail of how the grant is to be spent.

 

c)         Upon completion of the project, the grantee shall submit for approval the final narrative and financial reports and audit to the Illinois State Library as specified in Section 3035.450(b)(2)(O).

 

(Source:  Amended at 40 Ill. Reg. 2808, effective January 22, 2016)

 

Section 3035.500  Purpose

 

This Subpart implements the Public Library Construction Act [30 ILCS 767], which requires that the Secretary of State:

 

a)         Adopt standards under which the State Librarian will determine grant eligibility for construction grants to public libraries;

 

b)         Determine priority order for public library construction grants;

 

c)         Determine recognized project costs and the State's share of a public library construction project through the calculations of a grant index;

 

d)         Award and oversee expenditures of public library construction grant funds; and

 

e)         By January 1, 2012 and every two years thereafter, conduct a public library capital needs assessment and submit a report to the General Assembly.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.510  Definitions

 

"Act" means the Public Library Construction Act [30 ILCS 767].

 

"Conflict of Interest" means a situation that arises when a person in a position of authority over an entity or organization, such as an officer, director or manager, may benefit financially from a decision the person could make in that capacity, including direct benefits such as to family members or businesses with which the person is closely associated.

 

"Conflict of Interest Policy" means a policy that defines conflict of interest, identifies the classes of individuals within an organization covered by the policy, facilitates disclosure of information that may help identify conflicts of interest, and specifies procedures to be followed in managing conflicts of interest.

 

"Enrichment Cost" means expenditures not included in the recognized project cost and designated as ineligible expenditures by the State Librarian.

 

"Full Member Library" means a library that meets the criteria for library system membership, as defined by mutual agreement, and implementation of all of the library system boards, subject to approval by the State Librarian. 

 

"Grant Index" means a figure for each public library equal to one minus the ratio of the public library's equalized assessed valuation per capita to the equalized assessed valuation per capita of the public library located at the 90^th percentile for all public libraries in the State. The grant index shall be no less than 0.35 and no greater than 0.75 for each public library; provided that the grant index for public libraries whose equalized assessed valuation per capita is at the 99^th percentile and above for all public libraries in the State shall be 0.00.

 

"Intersystem Reciprocal Borrowing" means reciprocal borrowing transactions involving a lending library and a patron registered as a borrower at a library in another system.

 

"Library Building Consultant" refers to an individual, chosen by the applicant library, with a Master's degree in library science from a library school accredited by the American Library Association and with prior experience in at least one library construction project.  An architect licensed to practice in Illinois or a structural or other type of engineer, depending on the scope of work, licensed to practice in Illinois, with prior experience in at least one library construction project, may also be a library building consultant.  The architect or engineer may be retained for other services by the applicant library.  A public building commission may also serve the role of a library building consultant.

 

"Local Share" means funds provided by the local public library equal to the recognized project cost, subtracting the State's share.

 

"Off-site Improvements" means any improvements outside of the property line.

 

"On-site Improvements" means any improvements outside the building's five feet line but inside the property line of the site. 

 

"Public Library" means a tax-supported public library or a library that receives revenues from other sources and is established by or as a governmental unit that either levies a tax or expends funds for library purposes. 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].  This definition excludes free public libraries established by villages but not supported at least in part from local tax revenues and incorporated free public libraries not established by a governmental unit.

 

"Public Library Construction Project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, installation, maintenance, and upkeep of capital facilities consisting of buildings, structures, durable equipment, and land for public library purposes.

 

"Public Library Facilities Plan" means a written plan that describes the form and functions of a library facility. The plan may include a description of the size of the facility, public service areas, staff space, collection, seating, technology and community meeting spaces.

 

"Recognized Project Cost" means the total of eligible costs that are funded with State and local funds to provide for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, installation, maintenance and upkeep of capital facilities consisting of buildings, structures, durable equipment and land for educational purposes, as determined by the State Librarian.

 

"State Librarian" means the Illinois Secretary of State.

 

"State's Share" means the product of the library's grant index and the recognized project cost, as determined by the State Librarian.

 

"Substantial Work" means certain expenditures on the physical structure involved in remodeling and updating, including systems like HVAC, electrical, plumbing and improvements that allow for accessibility, such as doors, ramps, elevators and restrooms.

 

(Source:  Amended at 46 Ill. Reg. 6614, effective April 7, 2022)

 

Section 3035.515  Eligibility Requirements

 

Public libraries that meet the requirements of this Subpart are eligible to apply for and receive a public library construction grant. Eligible public libraries shall:

 

a)         Have a bibliographically organized collection;

 

b)         Be approved as a full member library of a regional library system;

 

c)         Meet the eligibility criteria to qualify for public library per capita grants provided in Section 8.1 of the Illinois Library System Act [75 ILCS 10];

 

d)         Permit intersystem reciprocal borrowing.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.520  Grant Applications

 

a)         For projects with a total cost equal to or greater than $75,000, an architect or engineer licensed to practice in Illinois is required. The selection of an architect-engineer shall be in accordance with the Local Government Professional Services Selection Act [50 ILCS 510]. Public libraries are allowed to choose the architect and engineer for their public library construction projects. No project may be disapproved by the State Librarian solely due to a public library's selection of an architect or engineer as stipulated in this subsection.

 

b)         To qualify for and be eligible for a Public Library Construction Act grant, public libraries shall apply to the State Librarian for public library construction project grants on the forms prepared and made available for this purpose. The grant application must include these components:

 

1)         A service plan statement of no more than two pages that states:

 

A)        How the project addresses one or more of the five levels of priority described in Section 15-30 of the Act.

 

B)        The necessity for the proposed project.

 

C)        Plans to meet Serving Our Public 4.0:  Standards for Illinois Public Libraries (current version), incorporated by reference in Section 3035.115(a).

 

D)        A description of the project's potential contribution to the improvement of library services within the library's area of service and in any other portions of the State.

 

E)        An affirmative statement that the applicant and its employees do not have any conflicts of interest or apparent conflicts of interest that may impair the fairness and impartiality of the grant process.

 

F)         Pursuant to 75 ILCS 10/3, the applicant must certify that it has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or provide a written policy, adopted by the library's board of trustees, that indicates the applicant will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.  The applicant shall certify that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian, the library agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the term of the grant award.

 

2)         A public library facilities plan with the following components:

 

A)        An examination of the present and future public library facility needs of present and anticipated public library programming. Library buildings are to be planned for 20-year population projection (for new construction, conversions, and additions to buildings).

 

B)        A site analysis, space needs assessment, and project design.

 

C)        How the library facility will provide access for the physically disabled, as required in the Illinois Capital Development Board's Illinois Accessibility Code (71 Ill. Adm. Code 400), and shall display the symbol of accessibility.

 

3)         Supporting Documentation

 

A)        A letter from the Illinois Historic Preservation Office evidencing compliance with the Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420].

 

B)        For new construction, additions, and projects involving evacuation of soil:

 

i)          Documentation stating whether the project site is located in a Special Flood Hazard Area (found at the Illinois State Water Survey's Illinois Floodplain Map website, http://www.illinoisfloodmaps.org/). If the project site is located in a Special Flood Hazard Area, the applicant shall submit an assurance letter from the Office of Water Resources of the Department of Natural Resources stating that the project meets the requirements of Executive Order 2006-5 regarding flood damages.

 

ii)         A subsurface soil analysis by a soils engineer and environmental site assessment, if applicable.

 

iii)        A site assessment by a licensed environmental/hazardous materials consultant to determine the existence of asbestos and/or lead paint. This assurance does not apply to new buildings unless demolition of existing buildings (other than residences) is necessary.

 

C)        Documentation that a deed of ownership or proof of long-term occupancy (20-year minimum) is or will be available to the public library. The deed or lease agreement shall include a legal description of the affected real estate. The building must remain in use as a public library facility for not less than 20 years after its construction unless other use is approved by the State Librarian.

 

D)        Funding sources and cost estimates, including the availability of local financial resources, current revenues, fund balances, and unused bonding capacity, and a fiscal plan for meeting present and anticipated debt service obligations.

 

E)        A timeline of major events, including dates of the letting of bids, groundbreaking, substantial completion, occupancy, and dedication.

 

F)         A maintenance plan and schedule that contains necessary assurances that new, renovated, and existing facilities are being or will be properly maintained.

 

c)         Each public library that is determined to be eligible shall annually update its public library facilities plan and submit the revised plan to the State Librarian for approval.

 

d)         Eligible libraries are qualified for a library construction project grant but are not guaranteed receipt of a grant.

 

e)         Grant applications are subject to the conditions stipulated in Section 3035.140.

 

f)         In Fiscal Year 2013 and in subsequent fiscal years, grant applications are due on April 15 prior to the fiscal year in which a grant award will be made. In the case of a disaster described in Section 3035.525(a)(1), a library may submit an application for a Public Library Construction Act grant at any time.

 

g)         In all projects in which the acquisition of property is pending as permitted in Section 3035.565(c), supporting documentation related to the project site shall be provided before a grant award is made.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.525  Priority of Public Library Construction Act Projects

 

Priority ranking for construction grant projects shall be done if the appropriation for any fiscal year is insufficient to fund grants for all eligible applicants. In this case, an eligible public library construction project shall be qualified for a construction grant award by the State Librarian in order of the priority ranking described in subsection (a).

 

a)         Libraries determined to be eligible shall be eligible in the order of:

 

1)         Replacement or reconstruction of public library facilities destroyed or damaged by flood, tornado, fire, earthquake or other disasters, either man-made or produced by nature;

 

2)         Projects designed to address population growth or to replace aging public library facilities;

 

3)         Replacement or reconstruction of public library facilities determined to be severe and continuing health or life safety hazards;

 

4)         Alterations necessary to provide accessibility for qualified individuals with disabilities; and

 

5)         Other unique solutions to facility needs.  These projects include design concepts that enhance library service to the community, including, but not limited to, technological improvements and energy conservation.

 

b)         The library's ranking within its level of priority shall be determined as follows:

 

1)         In priority 1, the public library presents documentation to the State Library explaining the nature and scope of the disaster, including an explanation of replacement or reconstruction costs covered by insurance and other State or federal grants sources.

 

2)         In priorities 2, 3 and 4, points are awarded based on the extent to which the applicant's present or existing facilities meet the standard of .6 square foot per capita for total floor space in its public library. The total square feet will be taken from the most current Illinois Public Library Annual Report on file at the Illinois State Library. The population served will be taken from the most recent Public Library Per Capita grant application on file at the Illinois State Library. The following describes how the square feet and population will be determined for a public library using the population and square feet for only the legal (taxed) service area of the library.

 

% OF
STANDARD		POINTS
0-25		5
26-50		4
51-70		3
71-90		2
91-100		1
Over 100		0

 

3)         In priorities 2, 3 and 4, additional points will be awarded for age of building.

 

AGE OF BUILDING	POINTS
100 years or more with no substantial work in the last 20 years	5
100 years or more with some substantial work in the last 20 years	4
50-99 years with no substantial work in the last 20 years	3
50-99 years with some substantial work in the last 20 years	2
20-49 years with no substantial work in the last 10 years	1
20-49 years with some substantial work in the last 10 years	0
Do not have a public library facility	2

 

4)         In priority 5, points will be awarded based on subsections (b)(2) and (3).

 

c)         In the event of a tie between two or more public libraries in determining ranking within a level of priority, ranking for those tied public libraries shall be established by consideration of additional factors including, but not limited to, whether any of the public libraries have received construction assistance from the State Librarian from any source in the previous three years; whether any of the public libraries applied for and received a public library per capita grant in each of the three previous fiscal years; the percentage of the population living at or below the federal poverty level within the territory served by the public libraries; shovel readiness of the projects; and whether the public libraries submitted a response to the most recent public library capital needs assessment contained in Section 3035.560.

 

(Source:  Amended at 37 Ill. Reg. 4348, effective March 19, 2013)

 

Section 3035.530  Grant Amounts and Use

 

a)         The product of the public library's grant index and the recognized project cost, as determined by the State Librarian, for an approved public library construction project shall equal the amount of the grant the State Librarian will provide to the eligible public library. The grant index shall not be used when the General Assembly and the Governor approve appropriations designated for specifically identified public library construction projects.

 

b)         In each fiscal year in which public library construction project grants are awarded, of the total amount awarded statewide, 20% shall be awarded to the Chicago Public Library System, provided that the Chicago Public Library System complies with the provisions of the Act and this Part, and 80% shall be awarded to public libraries outside of the City of Chicago.

 

c)         No portion of a public library construction project grant awarded by the State Librarian shall be used by a public library for any on-going operations costs.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.535  Grant Awards

 

a)         The application shall be reviewed by the Illinois State Library for completeness and compliance with law and rules. The Illinois State Library may request additional information or clarification.

 

b)         When a grant eligibility has been determined for a public library construction project, the State Librarian shall notify the public library of the State's share of the public library construction project and the dollar amount that the public library will be required to finance with non-grant funds in order to qualify to receive a public library construction project grant under the Act from the State Librarian. The State Librarian shall thereafter determine whether a grant will be made.

 

c)         Proof of local share will be required by the State Librarian prior to a grant award. Proof shall be provided, at the latest, within 90 days after a successful referendum. A public library failing to have access to the local share of funds within the time period shall be reprioritized and must update its application to establish its priority ranking for the following fiscal year. 

 

d)         Grant awards will be issued in accordance with the State Librarian's priority ranking.

 

e)         Public libraries receiving a grant award shall enter into intergovernmental agreements with the State Librarian that may include, but are not limited to, provisions for the following:

 

1)         That funding of the State's share will be made in payments to public libraries for project costs upon submittal of required documentation by the public library.

 

2)         That the public library agrees to comply with all applicable statutes, codes and rules.

 

3)         That establishment and maintenance of a separate set of accounts is required for the construction, study and planning of the project in accordance with generally accepted accounting principles as stated in Section 3035.140(e)(1).

 

4)         That access will be allowed to the work, materials, payrolls and other data and records relevant to the project for purposes of audit and inspection by the State Librarian or other authorized agencies.

 

5)         That the architect retained by the public library shall certify on each payment submittal that the expenditures were in accordance with the provisions of the appropriation Act from which the grant was made and the terms of the intergovernmental agreement.

 

6)         That increases in project costs added by change order shall not increase the amount of the State's share.

 

7)         Other provisions as may be necessary, including those required to ensure a legal and binding agreement.

 

f)         A grant applicant may appeal the decision of the State Librarian under the procedures outlined in Section 3035.150.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.540  Supervision of Public Library Construction Act Projects

 

The State Librarian shall exercise general supervision over public library construction projects financed pursuant to the Act.

 

a)         The grantee library will expend in 30% increments. The public library shall submit a letter from an architect and a financial report at the 30, 60 and 90% points of substantial completion. The final 10% will be paid out upon completion of the project and submission of all final reports to the State Librarian.

 

b)         Construction work will be performed under the lump sum (fixed price) contract method.

 

c)         The library will publicly announce all requirements for architectural, engineering and land surveying services and procure these services on the basis of demonstrated competence and qualifications and negotiate contracts at fair and reasonable prices, in accordance with the Illinois Local Library Act [75 ILCS 5/5-5] and the Illinois Library District Act [75 ILCS 16/40-45].

 

d)         Architectural, engineering and land surveying contracts will be made in accordance with the Local Government Professional Services Selection Act [50 ILCS 510].

 

e)         Adequate methods of obtaining competitive bidding will be employed prior to awarding the construction contract by public advertising in a newspaper of general circulation in the area, and the award of the contract will be made to the responsible bidder submitting the lowest acceptable bid, in accordance with the Illinois Local Library Act and the Illinois Library District Act.  A copy of the advertisement, with verification of the date of publication and name of the newspaper, shall be submitted to the Illinois State Library within 10 days after publication.

 

f)         No person or business shall bid, offer, make a submission, or enter into a contract with the grantee if the person or business assisted the grantee or any agent or employee of the grantee, who by the nature of his or her duties has the authority to participate personally or substantially in the contract specifications, requests for bids or proposals, or otherwise by reviewing, drafting, directing, or preparing any invitation for bids, a request for proposal, or request for information or provided similar assistance except as part of a publicly issued opportunity to review drafts of all or part of these documents.  This subsection does not prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business:

 

1)         initiates a communication with an employee to provide general information about products, services, or industry best practices;

 

2)         responds to a communication initiated by an employee of the Library for the purposes of providing information to evaluate new products, trends, services, or technologies; or

 

3)         asks for clarification regarding a solicitation, so long as there is no competitive advantage to the person or business and the question and answer, if material, are publicly posted and made available to other bidders or offerors as an addendum to the solicitation.

 

g)         When, for any reason, any vendor, bidder, offeror, potential contractor, contractor, or other person suspects collusion or other anti-competitive practice among any bidders, offerors, potential contractors, contractors, or employees of the State, that person shall transmit a notice of the relevant facts to the State Librarian.

 

h)         All laborers and mechanics employed by the contractor or subcontractors on all construction projects shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Illinois Department of Labor in accordance with the Prevailing Wage Act [820 ILCS 130].

 

i)          A copy of the building permit shall be supplied to the State Librarian prior to the actual construction, and the permit shall be posted in a prominent place on the construction site.

 

j)          Any change in the Plans and Specifications requiring a work change order shall be submitted to the State Librarian.  All change orders shall be subject to the Illinois Public Works Contract Change Order Act [50 ILCS 525].  The State Librarian shall be notified of and approve or deny any change orders of $20,000 or more and the modification of any public areas of the grantee library from the proposed original plans of the approved grant application.  The change order will be accompanied by a letter approved by the library board stating that there is no adverse impact on library services.  Change orders do not affect the grant award amount.

 

k)         Contractors and subcontractors shall comply with:

 

1)         all applicable provisions of the Illinois Human Rights Act [775 ILCS 5];

 

2)         all federal and State laws, rules and regulations that prohibit discrimination because of race, color, religion, sex, marital status, national origin, ancestry, age and physical or mental disability; and

 

3)         the conflict of interest provisions specified in the Illinois Procurement Code [30 ILCS 500].

 

l)          Construction contracts shall be signed by both the library board and contractors, using the Standard Form of Agreement Between Owner & Contractor A101- 2007, published by the American Institute of Architects, 1735 New York Ave., NW, Washington DC 20006-5292, or a comparable format. No later amendments to this form are incorporated in this Section.  Contracts are to be submitted to the State Librarian prior to the start of construction. All subcontractors are to perform work in accordance with the conditions and standards contained in the contracts signed by the library board and the State Librarian.  The State Librarian shall have the right to disapprove any contracts between the library board and contractors if:

 

1)         The bidding procedure outlined in subsection (e) was not followed.

 

2)         The conditions and standards specified in the contract between the State Librarian and the library board are not incorporated into the contracts between the library board and the contractors.

 

3)         The requirements of subsections (f) and (k) were not followed.

 

m)        Grant monies awarded are based on the amount specified in the original budget in the grant application; grant awards will not be increased because of subsequent increases in project costs.  Decisions shall not affect the time frame imposed unless approved by the Director of the State Library.

 

n)         A sign will be displayed on the construction site stating that State funds administered by the State Librarian are being used for the construction and that a plaque will be placed in the completed building stating that State funds administered by the State Librarian were used for the building's construction.

 

o)         Any agent authorized by the State Librarian, upon presentation of credentials and in accordance with the constitutional limitation on administrative searches, shall have full access to, and the right to examine, any records, books, papers or documents of the grantee involving transactions related to the grant.

 

p)         Construction shall not begin until a contract is executed with the State Librarian.

 

q)         Construction will commence within 140 days after the effective date of the grant contract. Construction may not commence until proof of ownership or long-term lease agreement of the affected real estate is received.

 

r)          The following reports and records will be completed and transmitted to the State Librarian:  quarterly narrative and financial reports; notification within 15 days after completion of the project; a close-out report that is a final financial and narrative report within 36 months after the execution of the contract, unless an extension is granted by the State Librarian; and other reports and documents, such as prevailing wage rates and receipts to verify vouchers, as reasonably may be required by the State Librarian.  The final financial report shall be signed by the president of the library's board of directors.

 

1)         Financial reports shall show:  the amount of authorized State and local funds; interest earned on grant funds; expenditures made from grant funds and from interest earned on grant funds; obligated funds, by amount of line item remaining compared to the original budget.

 

2)         Narrative reports shall state:  the progress of the project; accomplishments to date; problems encountered; objectives met and unmet; changes implemented; and the percentage of completion of the project to date.

 

3)         The close-out report shall evaluate the degree to which the grantee achieved the goals and objectives of the project.  The close-out report shall include a project audit according to Section 3035.140(e).

 

4)         For a project that requires an architect or engineer, the architect or engineer shall certify to the State Librarian when the project reaches the 30%, 60%, 90% and 100% stage of completion.

 

s)         When construction is complete, sufficient funds will be available for effective operation and maintenance of the facilities, in accordance with applicable federal, State and local requirements.

 

t)          The library shall establish a separate account for construction grant funds with a federally or Illinois regulated financial institution that is insured by the Federal Deposit Insurance Corporation.

 

u)         Any interest earned on the grant funds will be expended, without limitation or exception, exclusively on the public library construction project.

 

v)         Some of the documentation and assurances in this Section may be waived or modified by the State Librarian if the applicant adheres to comparable or stricter requirements, except that subsections (f), (g) and (k) will not be waived.

 

(Source:  Amended at 46 Ill. Reg. 6614, effective April 7, 2022)

 

Section 3035.550  Carry-over Projects

 

If a public library has been determined eligible for a public library construction project, has arranged and approved all local financing, and is eligible to receive a public library construction project grant award in any fiscal year, but does not receive the award in that year due to lack of adequate appropriations, those public library construction projects shall continue to be considered for grant awards for the following fiscal year.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.555  Referendum Requirements

 

a)         After the State Librarian has approved all or part of a public library's application and made a determination of eligibility for a public library construction project grant, the governing body of the public library shall submit the project or the financing of the project to a referendum when the referendum is required by law.

 

b)         The referendum is to be passed in the fiscal year the eligibility has been determined.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.560  Public Library Capital Needs Assessment

 

a)         The State Librarian shall file with the General Assembly a comprehensive assessment report of the capital needs of all public libraries in this State before January 1, 2010 and every 2 years thereafter.

 

b)         This assessment shall include, without limitation, an analysis of the 5 categories of capital needs prioritized in Section 15-30 of the Act.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.565  Public Library Site Selection

 

a)         The public library shall select the sites for all new projects.

 

b)         Suitability for Development and Construction

 

1)         The site should be free of physical structures, topographical features or subsurface physical conditions that would preclude necessary construction, present insurmountable obstacles to safety or normal utilization, shorten building life, cause excessive delays in project completion, or cause costs to exceed the funds available.  "Necessary construction" shall include but not necessarily be limited to: buildings, utility lines, storm water disposal arrangements and paving.

 

2)         The site shall not be subject to existing or foreseeable, harmful or disruptive environmental hazards and nuisances. These hazards and nuisances may include, but are not necessarily limited to:  excessive dust, smoke, noise, odors, air pollutants, soil pollutants, floods, groundwater incursions, vibrations, explosions and electrical discharges.  Site acquisition shall be subject to the Farmland Preservation Act [505 ILCS 75], Interagency Wetland Policy Act of 1989 [20 ILCS 830], Illinois State Agency Historic Resources Preservation Act [20 ILCS 3410], Archaeological and Paleontological Resources Protection Act [20 ILCS 3435], the Illinois Endangered Species Protection Act [520 ILCS 10], and the Environmental Protection Act [415 ILCS 58.15], as may be applicable.

 

c)         Availability of Site

The public library shall have a period of 90 days from the time the State Librarian determines eligibility, as stipulated in Section 3035.520(c) and (d), to acquire title to the site, or rights of use and exclusion sufficient to carry out the purposes and programs of the public library.  Extensions will be granted in those cases in which there is a reasonable expectation that the public library will be able to acquire the site within the period of the extension and the delay has been occasioned by a condition beyond the control of the public library, such as a delay in acquiring a title commitment.

 

d)         Site Size and Configuration

The proposed site shall be in concurrence with the public library facility plan, as stipulated in Section 3035.520(b)(2)(A), (B) and (C), and contain usable space sufficient in size and of regular configuration so as to accommodate the library's on-site program, as well as to accommodate ancillary functions that are better served on-site than off-site, and pedestrian movement among different points on the site.

 

e)         Utilities and Services

 

1)         Water Supply

Water must be made available at the site in sufficient volume and delivery rates and of appropriate quality to serve the firefighting needs of the proposed public library, as well as to accommodate other forms of water consumption.

 

2)         Sanitary Sewage Disposal

The location or character of the site must not prevent the disposal of sanitary sewage from the public library.

 

3)         Storm Water Disposal

The location or character of the site must not prevent the disposal of storm water from the public library site.

 

4)         Electric Power, Telephone, Gas

The site must present no obstacles to the provision of electric power, telephone services, and whatever gas service the public library may require at the point in the construction process when utility hook-ups are made.

 

5)         Solid Waste Management Services

Solid waste management services must be available to the site.

 

(Source:  Amended at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.570  Eligible Project Costs

 

a)         A library building consultant may work with the library in developing and implementing the public library facilities plan.  The library board shall select a building consultant in accordance with the Illinois Local Library Act [75 ILCS 5/4-7] and the Illinois Library District Act [75 ILCS 16/30-55.40].

 

b)         Funding may be used for joint use by the library and community, with the State Librarian's participation in the funding of facilities limited to those items required to meet the needs of the library's plan for the provision of library services and any other activities and events the applicant library plans to conduct.  The library shall submit the documentation prescribed in Section 3035.480.

 

c)         Funding will not be used for administrative offices or other support services outside of a facility that provides direct on-site services to library users.

 

d)         Funding will not be used for facilities intended for commercial use by profit making organizations. This is not meant to exclude facilities to be operated by non-profit organizations.

 

e)         Funding will not be allowed for square footage designated for food service in which a fee is charged (example: coffee shop or café).

 

f)         The State Librarian will not fund land acquisition costs:

 

1)         For land that was or will be donated to the library.

 

2)         For land that is already owned by the library or its corporate authority and, prior to July 13, 2009, will be the site of new construction or an addition to an existing facility.

 

3)         For land that is not an integral part of the project and does not conform with Section 3035.565(d).

 

g)         Funds will be used to support off-site improvements only if they directly impact the facility.

 

1)         The applicant shall submit documentation that local, State and/or federal funding sources are not available to the library or any other public body for off-site improvements before the State Librarian will consider participation in funding.

 

2)         The State Librarian's participation in funding off-site improvements is only permitted if the off-site property or interest in the property, such as an easement or leasehold, is owned by a public body.

 

h)         The State Librarian's participation in funding on-site improvements is limited to those minimum requirements necessary to making the site functionally operational. The State Librarian will not fund certain types of site improvements, including, but not limited to:

 

1)         Storage facilities;

 

2)         Lawn sprinkling systems;

 

3)         Exterior commons area, such as paved sitting areas, benches, etc.;

 

4)         Traffic signals at intersections;

 

5)         Landscaping in excess of seeding costs;

 

6)         Off-site access roads.

 

i)          Determination of Recognized Project Cost

 

1)         Recognized project cost shall be based upon calculations made in accordance with eligible expenditures enumerated in this Section and shall include the following unit cost ($/sq.ft.):

 

A)        Buildings constructed to the five foot line;

 

B)        Design and construction contingencies;

 

C)        Building fixed equipment.

 

2)        Recognized project cost shall also include additional associated costs as deemed appropriate by the State Librarian in consultation with the public library, as follows:

 

A)        Site improvements, including related architectural/engineering fees and reimbursements;

 

B)        Land acquisition and associated legal fees.  A certified property appraisal will be acquired prior to the approval of land acquisition costs in the grant award.  The appraisal must be for the value of the land and any improvements;

 

C)        Movable equipment;

 

D)        Utility service lines, both on-site and off-site; and

 

E)        Special foundation construction and related architectural/ engineering fees deemed necessary as a result of unusual sub-surface soil conditions.

 

3)         The State Librarian shall create separate recognized cost calculations for various types of construction projects, including but not limited to new construction and additions, and for rehabilitation of or renovations to an existing facility. 

 

4)         The recognized project costs initially calculated by the State Librarian will establish the maximum acceptable cost of the eligible expenditures.  If the bid price received by the district from the various contractors for the eligible expenditures is less than the bid estimate amount included in this initial calculation, then the recognized project cost will be reduced by the amount of the difference.

 

(Source:  Amended at 37 Ill. Reg. 4348, effective March 19, 2013)

 

Section 3065.575  General Standards and Guidelines for the Appropriate Utilization of Bond Proceeds

 

a)         General.  The general uses of Build Illinois Bond proceeds appropriated to the State Librarian shall always be consistent with the provisions expressed in Article VIII, Section 1 and Article IX, Section 9 of the 1970 Constitution of the State of Illinois, and with the provisions of the Build Illinois Bond Act [30 ILCS 425].

 

b)         Bondable Capital Improvements.  Bondable capital improvements and related expenditures generally include, but are not limited to, the following:

 

1)         Planning expenses for architectural and engineering design;

 

2)         Real property;

 

3)         Buildings, additions, and/or structures (including required site development or preparation and associated fixed equipment that is required for functional effectiveness);

 

4)         Utilities;

 

5)         Initial durable movable equipment as defined in 71 Ill. Adm. Code 50.120(e), Durable Movable Equipment;

 

6)         Site improvements;

 

7)         Remodeling and/or rehabilitation; and

 

8)         Maintenance and upkeep.

 

c)         Build Illinois Bond Proceeds

 

1)         In general, any expenditure purpose shall be considered appropriate for financing from proceeds, provided that those expenditures:

 

A)        Are not recurring. In this context, recurring expenses are defined as those costs that are incurred at frequent or regular intervals within the initial term of financing, and that would cause pyramiding accumulation of costs for the same expenditure purpose before the expenses initially incurred for that purpose are completely amortized;

 

B)        Can be characterized as durable or not readily consumed in use;

 

C)        Reflect an extended useful life or longevity that confers long-term (non-transitory) benefits on the citizens of the State of Illinois;

 

D)        Are not subject to inherent risk of failure or rapid technological obsolescence, or primarily intended to fulfill temporary requirements;

 

E)        Reflect a direct interest of the State of Illinois, including its legally constituted subdivisions, in any real property to be improved, as evidenced by valid title to the real property on which the proposed improvement is to be made, or an easement interest of record that at least encompasses the proposed term of bond financing;

 

F)         Appreciably increase, improve or enhance the equitable interests of the State of Illinois in capital facilities, land, permanent improvements and related assets;

 

G)        Are considered as internal components of a project that, if considered separately, may not reflect an extended useful life, but will be bondable provided that the components are initially required for and appreciably contribute to effective functioning, or are otherwise incapable of separation from a more complex unit that in itself is bondable.

 

2)         All seven factors must be present in order for an expenditure purpose to be bondable.

 

3)         Notwithstanding the prescribed purposes enumerated in subsection (c)(1), a nonconforming expenditure may yet be considered bondable if it is deemed to be in the public interest, as evidenced by a substantive enactment of the General Assembly. Only Public Acts specifying a project shall be deemed a substantive enactment.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.580  Standardized Definitions and Guidelines

 

The following standardized definitions and guidelines enumerate the appropriate utilization of the Build Illinois Bond proceeds appropriated to the State Librarian to finance bondable capital improvements as listed in Section 3035.575(b) of this Part.

 

a)         Planning.  Bondable planning costs include those expenditures that are related to the public library facilities plan and architectural/engineering design required for planning the construction or installation of bondable capital improvement projects. Included are costs for schematic design development, which refers to preliminary studies developed from program statements that reflect the general functional characteristics and architectural requirements of a bondable capital improvement project; costs for definitive design development, which means the refinement of schematic design into final detailed design requirements; and costs incurred for the completion of construction documents and detailed working drawings required for bidding and construction, including any allowable reimbursables provided within an executed contract for professional and technical services.

 

b)         Land.  Land includes expenditures for the acquisition of real property (including easements of record with an extended term, but excluding any leasehold interests obtained through rental of real property), whether obtained by purchase or by condemnation under the applicable eminent domain laws of the State of Illinois, and for all expenses directly and necessarily related to such purchase or condemnation.  All necessary and reasonable expenses incurred in the acquisition of real property qualify for bond financing.  These expenditures may include but are not limited to the following:

 

1)         And costs;

 

2)         Appraisal fees;

 

3)         Title opinions;

 

4)         Surveying fees;

 

5)         Real estate fees;

 

6)         Title transfer taxes;

 

7)         Condemnation costs and related legal expenses.

 

c)         Buildings, Additions and/or Structures.  Buildings, additions and/or structures shall mean and include those facilities with a roof and/or walls that have a foundation.  This category also includes site developments necessarily required or related to the preparation of a site for construction purposes and required built-in, special-purpose, or other fixed equipment that is permanently affixed or connected to real property in such a manner that removal would cause consequent damage to the real property to which it is affixed.  All expenditures that may be classified within the category defined shall be bondable.

 

d)         Utilities.  In general, the category utilities shall mean and include expenditures for the acquisition, construction, replacement, modernization and/or extension of systems for distributing or disbursing utility services. Bondable utility costs may include, but are not limited to, the following items:

 

1)         Potable water, high-temperature water for sanitary or other related purposes, domestic hot or chilled water;

 

2)         Systems and associated components for disbursing or distributing electricity or providing telecommunications service, including underground or overhead distribution cables for television, computers or other modes of communication;

 

3)         Steam and condensate returns;

 

4)         Storm and/or sanitary sewers;

 

5)         Fire hydrants and stand pipes;

 

6)         Central fire and security alert systems;

 

7)         Exterior lighting;

 

8)         Tap-ons or extensions related to existing utility systems;

 

9)         Automated temperature/environmental control systems and air and water pollution control systems;

 

10)         Disposal of scientific contaminated waste and surgical waste;

 

11)         Solar heating or other approved energy systems;

 

12)         Sewage and water treatment facilities, equipment and related distribution systems;

 

13)         Earth moving to create artificial lakes or reservoirs for utility or related conservation purposes;

 

14)         Restoration of natural and/or man-made features of the site of any utilities installation to its original condition;

 

15)         Trenches or ditches dug for the purpose of laying tile or providing ducts to remove excessive rainfall and prevent erosion.

 

e)         Durable Movable Equipment

 

1)         Durable movable equipment shall mean initial movable equipment, including all items of initial equipment, other than built-in equipment, that are necessary and appropriate for the functioning of a particular facility for its specific purpose, and that will be used solely or primarily in the rooms or areas covered in the subject project. Further, durable, movable equipment is defined as manufactured items that have an extended useful life, are not affixed to a building and are capable of being moved or relocated from room to room or building to building, are not consumed in use, and have an identity and function that will not be lost through incorporation into a more complex unit.

 

2)         In applying the definition in subsection (e)(1), reference shall be made to the State Finance Act [30 ILCS 105], and the distinction between commodities (Section 15b of that Act) and equipment (Section 20). Within the context of that Act, the following guidelines should be applied in defining durable movable equipment:

 

A)        Bondable

 

i)          Equipment and furniture will be bondable.

 

ii)         Transportation and installation costs incurred with an outside source will be considered part of the equipment cost for items funded by the grant.

 

iii)        Equipment not otherwise classified will be considered bondable provided it meets all other guidelines.

 

iv)        Significant useful life shall be considered a minimum of 10 years.

 

B)        Non-bondable

 

i)          Library books, maps and paintings other than those purchased in the Art in Architecture program [20 ILCS 3105/14] or a comparable local government art program approved by the State Librarian are not fundable from bond funds.

 

ii)         Spare and replacement parts shall be considered commodities.

 

iii)        No commodities shall be purchased from bond funds.

 

f)         Site Improvements.  Site Improvements means and includes expenditures for all improvements to real property that are not otherwise included within the category of buildings, additions and/or structures (subsection (c) of this Section). Bondable site improvement expenditures shall include all site improvement costs incidental to demolition, rough and final grading of a site, and the construction or replacement of sidewalks, road and driveway pavement surfaces, bridges, ramps, curbs, overpasses, underpasses, pedestrian bridges and tunnels, surface parking areas, building terraces, retaining walls, exterior lighting, and seeding or sodding for erosion control only if related to a bondable capital improvement project.

 

g)         Remodeling and Rehabilitation

 

1)         Bondable remodeling and rehabilitation means and includes expenditures for all capital improvements that have the primary objective of altering the functional capabilities of a structure or facility.

 

2)         Remodeling shall include all capital improvement projects that have the primary objective of changing the functional character of areas, modifying capacity for the number of persons who can be accommodated, and/or altering spatial relationships.

 

3)         Rehabilitation shall include all non-recurring capital improvement expenditures having the primary purpose of restoring or upgrading an existing area to original operating condition.

 

h)         Maintenance and Upkeep

 

1)         Bondable maintenance and upkeep means and includes expenditures made beyond the regular, normal repair of physical properties (i.e., land, building and equipment) for the repair or replacement of failed or failing facility components as necessary to return a facility to its currently intended use, to prevent further damage, or to make it compliant with changes in laws, regulations, codes or standards.

 

2)         Bondable maintenance and upkeep expenditures do not include ongoing operational costs, including expenses for salaries and benefits, commodities, supplies or day-to-day, routine and normal recurring repairs to facility components.

 

i)          Direct Costs Associated with the Issuance of Build Illinois Bonds. Costs of this nature shall include expenses associated with advertising, printing, bond rating, security, delivery, legal and financial services, and all other expenses incident to the issuance of Build Illinois Bonds.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.585  Limitations on Expenditures of Bond Proceeds

 

a)         The following expenditure purposes shall not be bondable:

 

1)         Operational and administrative expenses, such as compensation costs, travel, commodities, non-initial equipment, or other recurring expenditures that are similar in character;

 

2)         Expenditures for leasing or rental of equipment and/or facilities;

 

3)         Archeological digs, research or exploration;

 

4)         Expenditures for routine operation, routine repair or routine maintenance of existing structures, buildings or real property that would typically be covered by operation and maintenance funds of the user agency and for reimbursement of user agencies for administration, staff or other costs;

 

5)         Expenditures to acquire or construct temporary facilities or facilities whose abandonment or replacement is imminent;

 

6)         Unpredictable or unusual legal expenses (other than land acquisition legal expenses), such as for special litigation, that are not ordinarily or customarily provided within the budget for a capital improvement project.  These expenditures are more appropriately financed from contractual services operating funds appropriated for those purposes;

 

7)         Separate purchases of sand, gravel, rock, asphalt and concrete in limited quantities; ordinary hardware items; temporary, nondurable fencing; spare and/or replacement parts and equipment; hand tools; decorative models, plaques and other commemorative memorabilia; and other commodity-type consumable items having a relatively brief expected useful life;

 

8)         Expenditures for general long-range development plans, master plans, historical or archeological research, surveying, preliminary engineering studies, aerial mapping, feasibility studies, program or scope statements, or other expenditures similar in character;

 

9)         Expenditures for independent landscaping improvements that are not directly associated with a bondable capital improvement project. In this context, seeding or sodding that is not primarily intended for erosion control in relation to a bondable capital improvement project shall not be bondable. Similarly, expenditures incurred for the planting of trees, shrubs, bushes or other vegetation, including revegetation, shall not be bondable improvements unless the expenses are directly and initially associated with or represent an integral component of a bondable capital improvement project.

 

b)         The following expenditure purposes shall be bondable only if those purposes demonstrate an expected useful life, based upon engineering studies, supporting technical data, or relevant precedents under similar circumstances, that is at least equal to the term of bond financing:

 

1)         Purchase or installation of metal pilings or similar materials (but not riprap) for the purpose of erosion and/or flood control, provided that the impact of the proposed expenditure is to improve rather than maintain such areas;

 

2)         Expenses directly related to dredging, levee, drainage, channel and/or lake improvements;

 

3)         Rehabilitation of existing road and parking area surfaces;

 

4)         Costs incurred in the acquisition or purchase of historical, antique or period furnishings of value, provided that:

 

A)       The items are directly associated with a new capital improvement project;

 

B)        The items are considered essential to the primary purpose of the project;

 

C)        Acquisition of the furnishings is pursuant to the mandate of the appropriation for the project;

 

D)       The items will be subject to adequate security, protection and accepted property control accountability.

 

(Source:  Added at 35 Ill. Reg. 18366, effective October 18, 2011)

 

Section 3035.600  Purpose

 

a)         TBBS provides postage-free mail order public library service to any Illinois resident who is unable to read standard print material due to a permanent or temporary visual or physical disability. NLS supplies the talking book and Braille book collection.  Under the direction of the TBBS, TBCs, AOCs and MSLAs provide this service directly to the residents of the geographic areas they serve by providing customer service by telephone, mail or online.

 

b)         TBBS is the administrator of the grant funds that support this program.  It also provides automation support, collection backup, bibliographic control, continuing education opportunities and organized leadership for the group.

 

(Source:  Amended at 37 Ill. Reg. 18922, effective November 7, 2013)

 

Section 3035.610  Definitions

 

"Accessible Electronic Information Service" means news and other timely information (including newspapers) provided to eligible patrons from multi-state service centers or qualified providers as designated by the Director, using high-speed computers, telecommunication and attendant technologies for acquisition of contents and rapid distribution.

 

"Advisory and Outreach Center" or "AOC" means a provider of reader-advisory, outreach and/or machine lending activities. AOC also provides walk-in services for patrons who use digital books that the AOC downloads from NLS.

 

"Competent Authority" means, in cases of blindness, visual disability or physical limitations, physicians licensed to practice medicine in the State of Illinois or comparable licensing authority; doctors of osteopathy; ophthalmologists; optometrists; registered nurses; physical therapists; and professional staff of hospitals, institutions and public and welfare agencies, such as social workers, case workers, counselors, rehabilitation teachers, and school superintendents. In the absence of any of these, certification of eligibility may be made by professional librarians or any person whose competence under specific circumstances is acceptable to the Library of Congress. In the case of reading disability from organic dysfunction, "competent authority" means physicians licensed to practice medicine by the State of Illinois or comparable licensing authority who may consult with colleagues in associated disciplines.

 

"Director" means the State Librarian.

 

"Eligible Patron" means a blind person whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting lenses, or whose widest diameter of visual field subtends an angular distance no greater than 20 degrees.  Other eligible print-disabled persons include persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material; persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations; and persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.  Senior citizens are eligible for this program.

 

"Free Matter" means postage free mailing of specified materials for the network of cooperating libraries and for eligible patrons.  The cost for Free Matter is provided directly to the United States Postal Service by the Congress of the United States through the USPS budget.  Examples of free material are books and magazines on tape, large-print material, Braille books and magazines, descriptive video, old-time radio shows, playback machines and other sound enhancement accessories.

 

"Illinois Radio Information Services" or "IRIS" means the network that broadcasts accessible electronic information services on a daily basis on a special radio called a sideband receiver.  The receivers are distributed at no cost to eligible patrons.  Local newspapers are read and usually include pieces of news that may not generally be heard on the television news broadcasts.  A variety of topics are available, including comics, grocery ads and obituaries.  IRIS also produces public affairs programs and listener call-in shows.

 

"Machine Sub-lending Agency" or "MSLA" means an entity that engages in lending federally owned and supplied equipment.  An MSLA offers personal attention to readers' equipment needs, such as specially designed record players, cassette players and accessories.

 

"National Library Service for the Blind and Physically Handicapped" or "NLS" means a part of the Library of Congress.  NLS produces books and magazines, in recorded and Braille formats, playback equipment for listening to the books, an international online catalog of available books, and catalogs of available books in accessible formats.  These materials are distributed to a network of cooperating libraries throughout the United States that serve eligible patrons on a temporary or permanent basis.

 

"Qualified Provider" means any entity that can provide high quality and timely information that is accessible through an electronic information service.

 

"Regional Library for the Blind and Physically Handicapped" or "LBPH" means the Talking Book and Braille Service (TBBS) for blind and physically disabled individuals that is administered by the Illinois State Library as designated by NLS.

 

"Talking Book Centers" or "TBCs" means facilities in Illinois designated by the Director of the Illinois State Library that are geographically dispersed throughout the State that provide direct library service to eligible patrons delivered primarily through the free matter for the blind and physically handicapped postage subsidy as defined in Section E040 of the Domestic Mail Manual published in The Postal Bulletin (PB 22081, July 23, 2003), which can be ordered from the United States Postal Service, 475 L'Enfant Plaza, SW, Washington DC 20260-5540.

 

(Source:  Amended at 37 Ill. Reg. 18922, effective November 7, 2013)

 

Section 3035.620  Eligibility

 

a)         General. Eligibility for the services of the library for the blind and physically handicapped is determined by the federal guidelines in 36 CFR 701.10 (1981) and is applied to all applicants.

 

b)         Eligibility Criteria. The following persons with print disabilities are eligible for loan service:

 

1)         persons whose visual acuity is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field subtends an angular distance not greater than 20 degrees;

 

2)         persons whose visual disability, with correction and regardless of optical measurement, is certified as permanently or temporarily preventing the reading of standard printed material;

 

3)         persons certified as permanently or temporarily unable to read or unable to use standard printed material as a result of physical limitations; or

 

4)         persons certified as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.

 

(Source:  Added at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.630  Application for Service

 

a)         Applications to receive the service are available at TBBS, TBCs, AOCs and public libraries, online and from health and social services professionals. The forms ask for such information as name, address, date of birth, education, type of disability, items an applicant intends to borrow, and machinery that will be necessary to access that material.

 

b)         Each applicant must be certified as eligible and meeting requirements by a competent authority.

 

c)         The application will be available in a format prescribed by the Illinois State Library Talking Book and Braille Service.  Applications are available at http://www.cyberdriveillinois.com/departments/library/TBBS/app_eligibility.html

 

(Source:  Amended at 37 Ill. Reg. 18922, effective November 7, 2013)

 

Section 3035.640  Application for Grant

 

a)         The geographic boundaries of a TBC, AOC, and MSLA shall be those boundaries approved by the State Librarian.  In setting TBC, AOC, and MSLA boundaries, the State Librarian shall place primary importance on the statewide implication of resource sharing, the efficient use of public funds, the impact on affected eligible patrons, and the impact on services provided by the affected TBC, AOC, and MSLA.

 

b)         To qualify for an annual grant as a TBC, AOC, or MSLA, the applicant entity shall be jointly designated by the Illinois State Library and the Library of Congress National Library Service for the Blind and Physically Handicapped to serve as a TBC, AOC, or MSLA.  An annual contract with the State Library shall be executed that specifies the objectives and budget for the service. The applicants shall provide the information stipulated in Section 3035.135(d). The application shall also contain:

 

1)         A statement on the proposed use of the grant for which application is being made that shall detail how grant funds will be used to expand TBC, AOC, and MSLA services to eligible patrons.  Grant funds may be used for staff, materials, equipment, and services.

 

2)         A report on the use of the previous year's grant, if a grant was received, that shall detail how the grant was used and an evaluation detailing the impact of the program.

 

3)         A certification stating that:

 

A)        the grant funds will be kept in a separate account;

 

B)        local funding for library service will not diminish as a result of the program;

 

C)        the library shall submit reports, in accordance with Section 3035.140(b), on the use of grant funds as required by the Illinois State Library.  The applicant must certify, pursuant to 75 ILCS 10/3, that the applicant has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or provide a written policy that indicates the applicant will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.  The applicant shall certify that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian, the applicant agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the term of the grant award.

 

c)         Funds allocated for statewide services under this program are awarded in the form of grants to units of government that are exempt from the Illinois Procurement Code.

 

d)         The State Library will maintain an updated list of TBCs, AOCs, and MSLAs on its website.

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

 

Section 3035.650  Provision of Information Transmission Services

 

a)         The Director shall annually announce and accept grant applications or contract proposals from multi-state service centers or qualified providers to supply accessible electronic information service for eligible patrons.

 

b)         Grant applications or contract proposals shall include:

 

1)         Scope and subject matter of services offered by the qualified provider to eligible patrons;

 

2)         How the entity will provide eligible patrons with international, national, State and local news, opinions, advertisements and other items of general interest using high-speed computers, telecommunications and attendant technologies;

 

3)         A recital that the grant agreement is subject to the Grant Funds Recovery Act [30 ILCS 705];

 

4)         Currency of the news and information to be provided, the method of access to the news and information, and the hours of distribution; and

 

5)         A fee schedule of any costs to be paid by the eligible patron or ancillary items not provided by the qualified provider.

 

c)         The service provider shall agree to the terms and conditions of the grant contract agreement.  These terms and conditions shall include:  annual grant application deadline; grant monetary ceiling; a provision stating the grant is subject to the terms and conditions of the Grant Funds Recovery Act [30 ILCS 705] (including Sections 4 through 11); a provision permitting the State Library to inspect records and conduct audits; name, address and business organization status of the grantee; reporting dates and statistical information required of a grantee for users of the program; date the agreement was executed; and term of the grant award.

 

d)         The service provider shall submit annually and on an ongoing basis throughout the year statistical information regarding usage of the program.

 

e)         Funds allocated for services under this program are exempt from the Illinois Procurement Code [30 ILCS 500].

 

(Source:  Added at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.660  Remittance for Information Transmission Services

 

Upon acceptance of a grant application or contract proposal by the Director, a contract will be executed by the Office of the Secretary of State and paid from the Accessible Electronic Information Service Fund.

 

(Source:  Added at 36 Ill. Reg. 12385, effective July 18, 2012)

 

Section 3035.700  Purpose 

 

a)         The Illinois State Library distributes the Library Services and Technology Act (LSTA) appropriation to support statewide initiatives and services; sub-grant competitions or cooperative agreements to public, academic, school and special libraries; and regional library systems as stipulated in 23 Ill. Adm. Code 3030.200.

 

b)         The Illinois State Library recognizes certain legitimate Illinois library organizations as eligible for LSTA funding. Library organizations must draw their membership from librarians or various types of libraries as defined in 23 Ill. Adm. Code 3030.110. Their headquarters must be within the State of Illinois. Their mission must have the charge for promotion, provision, development and improvement of libraries and library services, and be based in Illinois.

 

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)

 

Section 3035.710  Definitions

 

For the purpose of this Subpart, the definitions in 23 Ill. Adm. Code 3030.110 are applicable.

 

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)

 

Section 3035.720  Duty to Administer

 

a)         It shall be the duty of the Illinois Secretary of State, in his or her capacity as the State Librarian, to administer the provisions of this Subpart and to award any grants, when appropriate, on an annual basis from funds provided by the Institute of Museum and Library Services and appropriated by the Illinois General Assembly.

 

b)         The Director of the Illinois State Library shall appoint a committee that will review applications for grants.  The committee shall make recommendations on the program to the State Librarian. The Director of the Illinois State Library shall apprise the Illinois State Library Advisory Committee of the recommendations and program status.

 

c)         If a grant reviewer has an application in competition or a conflict of interest during a review cycle, that grant reviewer shall not serve on the related review committee during that cycle.

 

(Source:  Amended at 39 Ill. Reg. 5218, effective March 20, 2015)

 

Section 3035.730  Grant Application and Awards

 

a)         Applications shall be submitted to the Illinois State Library in a manner prescribed by the State Librarian. Applicants shall provide the information stipulated in Section 3035.135(d).

 

b)         The Illinois State Library shall award grants subject to the conditions stipulated in Sections 3035.135 and 3035.140, 2 CFR 215 (2004) and 2 CFR 200 (current version).

 

c)         Awards shall be made on or after July 1 of every year for the fiscal year then commencing.

 

d)         The grant period shall be contained within the fiscal year in which the grant is awarded, unless otherwise specified in the grant agreement, but in no event shall the grant period continue for more than 3 years.

 

e)         The applicant must certify, pursuant to 75 ILCS 10/3, that the applicant has adopted either the American Library Association's Library Bill of Rights that indicates materials should not be proscribed or removed because of partisan or doctrinal disapproval or provide a written policy that indicates the applicant will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material.  Pursuant to 75 ILCS 10/3, an individual school library or public school district applicant may provide written procedures, currently in effect at the school or school district, that indicates its library or libraries will protect the intellectual freedom of the library user and shall prevent censorship of its library materials, ensuring that items are not withdrawn from its library collection merely because individuals or groups object to the material. The applicant shall certify that for grants made under this Section on or after January 1, 2024, and upon request of the State Librarian, the applicant agrees to provide the Illinois State Library with any final decision for the reconsideration of library materials during the term of the grant award.

 

f)         The applicant shall submit reports, in accordance with Section 3035.140(b), on the use of grant funds as required by the Illinois State Library.

 

g)         Obligations of the Illinois State Library to fund this grant program will cease immediately without penalty or further payment being required if the Institute of Museum and Library Services or the United States Congress fails to appropriate or otherwise make available sufficient funds. Award notification will be released upon legislative and gubernatorial approval of an appropriation. 

 

(Source:  Amended at 48 Ill. Reg. 948, effective January 1, 2024)

Section 3035.EXHIBIT A   Differences Among the Three Types of Literacy Grant Programs

 

	Adult Literacy	Penny Severns Family Literacy	Workplace Literacy
Purpose	Improve the adult's literacy	Improve the family's literacy, Improve parenting knowledge	Improve the employee's literacy, Increase work skills
Target Audience	Adults	Adults and their children	Employees who are adults
Instructional Method	Volunteer tutoring	Classroom teaching	Classroom teaching
Program Components	One:  Adult Basic Education or English as a Second Language	Five:  Adult Basic Education or English as a Second Language, Child education, Library education, Parenting education, Parent/child interaction	One:  Adult Basic Education or English as a Second Language
Agencies Involved	One:   Adult education agency	Three:  Adult education agency, Library, Child education agency	Two:   Adult education agency, Businesses
Agencies Eligible To Apply	Adult education agency	Any of the three agencies involved	Either of the two agencies involved
Location of Service	Anywhere	Anywhere	At the workplace

 

(Source:  Amended at 37 Ill. Reg. 4348, effective March 19, 2013)

Section 3035.EXHIBIT B   Guidelines for Rating Life Safety/Legal Issues (Repealed)

 

(Source:  Repealed at 37 Ill. Reg. 4348, effective March 19, 2013)