This week’s Issues Update from the City Manager’s office had this interesting review of the Peoria Public Library’s history. Fifth District Councilman Patrick Nichting had asked staff for this review at the last council meeting because “several citizens had requested information regarding the history regarding how the City Council became the authority over the Library versus other Libraries being under a Library District,” according to the council minutes. Nichting went on to say that “other Libraries under Library Districts had a mill rate and increases were voted under public referendum and voters decided increases in budgets.” Here is the report back:
The Peoria Public Library is organized and governed by the Illinois Library Act, 75 ILCS 5/1-01, et seq. As a Local Library, it is part of the City, in the sense that as the City annexes more property, that property is automatically served by the Peoria Public Library and is de-annexed from any library district it may have been a part of. As a Local Library, the Peoria Public Library is managed by a Board of Trustees, consisting of nine (9) Trustees appointed by the Mayor, with the approval of the City Council. A review of the City’s ordinances reflects that even as early as the 1940 Code Book, the ordinance establishing the Library was in place.
Under the Local Library Act, it is for the City to levy taxes for Library purposes. 75 ILCS 5/3-1 provides that in a city of 500,000 or fewer inhabitants, the corporate authorities (the City Council) shall levy a tax for library purposes of not to exceed .15% of the value of all taxable property in the City. There is also a provision in that section for an increase in that amount by referendum.
Historically, the City of Peoria, as a home rule municipality, has far exceeded the .15% limitation provided for in the statute. Currently, we are at .34%. Occasionally, there has been some discussion between the Library Board and the City over the question of whether the City has a duty to levy amounts requested by the Library Board. Section 75 ILCS 5/3-5 provides that the library taxes provided for “in this Act” shall be levied by the City Council in the amounts determined by the Board. This Section requires the City Council to levy the not-to-exceed .15% amount in an amount determined by the Library Board. The City Council is not required to levy whatever the Library Board wishes, based on the City’s home rule authority, because there has never been a referendum increasing this amount,. The City’s home rule authority is not a tax provided for “in this Act” within the meaning of Section 3-5.
A review of the history of the library levy reveals that in 1968 the library levy was .12%, which continued until 1971 when the rate became .1505%, then raised to .1708% in 1978. In 1986 the library levy went up to .2256% and in 1989 it went up to .4094%. In 2006, the amount was .3398%.
The referendum conducted last April was an advisory referendum. It could have been mandatory had the question been:
“Shall the annual library tax for maintenance and operation in the City of Peoria be increased from .15% to .50%?”
If such a referendum passed, then the City Council would have to levy any amount requested by the Library Board up to the .50% figure.
There is another type of library district which is organized under the Public Library District Act of 1991, 75 ILCS 16/1-1, et seq. In this second type of library district, the district itself levies taxes and the members of Board of Trustees are elected.
The statutes provide three separate ways for a Local Library such as ours to become a Public Library District under the Illinois Public Library District Act. The first, found in 75 ILCS 16/10-10, provides that the Board of Trustees of the Library adopt a resolution calling for the conversion and certifying the question of the conversion to the Election Commission who shall submit the question to the voters at the next regular election.
The second method of conversion, under 75 ILCS 16/10-15, which provides for the conversion upon the resolution of the Library Board and requesting the approval of the conversion of the City Council. If the City Council approves the conversion within 60 days after the resolution is adopted, the Board of Trustees shall convert the Local Library to a Public Library District. That statute goes on to provide that library in a home rule unit converted under this section shall have a maximum tax rate not to exceed the greater of 0.15% or the last rate levied by the municipality for library purposes for the most recent year before the conversion and that rate shall not be subject to any rate limitations or referendum requirements imposed by the Act. An increase, however, would require a referendum.
Finally, if the Library Board of Trustees does not initiate the change by adopting a resolution, the change can occur through a petition signed by 10% of those voting in the previous election and a referendum.