2007 ILA Update # 12
Budget Passes Both Chamber, Goes to Governor
Both the Illinois Senate and Illinois House of Representatives have approved a long-awaited $59 billion state budget proposal that the Chicago Tribune reports "would provide a significant funding boost for schools but offer no new money to cover the needs of Chicago-area mass transit, intensifying fears of fare hikes, service cuts, and a potential veto from Gov. Rod Blagojevich."
Blagojevich criticized the number of pork-barrel projects. "It's got so much pork in it that if you were to hold the budget document itself, you'd probably be unable to hold it because it's so greasy," Blagojevich said. The Chicago Tribune reports, "Lawmakers could receive as much as $400 million in pork-barrel projects through a construction program on top of the pork in the separate operating budget."
In a preliminary analysis of the budget, it appears that an additional $1 million has been allocated for the annual equalization grants, per capita and area grants to library systems, and public library per capita grants from the general funds. Libraries will be receiving more than $2 million from the Department of Commerce and Economic Opportunity. The attached list will probably be a surprise to many libraries. In addition, more than $18 million for libraries is listed in the approved budget from other state agencies.
The governor has indicated that he does not want to sign the budget legislation as currently proposed, and he may choose to veto the legislation. However, if the governor vetoes the legislation, there is a strong likelihood that the legislature would overwhelmingly override his veto and put the budget into effect as passed. Another alternative would be for the governor to refuse to act at all. Under the Illinois Constitution, he has sixty days after receiving a bill to either sign or veto that bill. If he does nothing, there would be no budget in effect for up to sixty days and this would force a government shutdown. He then could use the government shutdown as leverage to get legislators to pass a different budget. ILA will continue to monitor these developments and will inform the Illinois library community of any further actions. After the dust settles, the state library will provide a more definitive analysis of the budget.
The Daily Herald reports that the extended session has cost taxpayers nearly $1 million. In the 2007 Spring Legislative Session, legislators filed almost 6,000 bills and Illinois Library Association tracked more than ninety-two bills affecting funding for libraries, intellectual freedom issues, local government operations, and other issues of importance to the library community. Key bills were:
Senate Bill (SB) 1682, Social Networking Prohibition Act, defeated. Sponsored by Senator Matt Murphy (R-27, Palatine), the bill was introduced on 9 February 2007 and remained in the Senate Rules Committee, until the Illinois General Assembly adjourned its 2007 Spring Session. The Illinois Library Association opposed this bill.
House Bill (HB) 1727, Mandatory Internet Filtering, defeated. Sponsored by Rep. Kevin Joyce (D-35, Worth), David Reis (R-108, Olney), Shane Cultra (R-105, Onarga), and James H. Meyer (R-48, Naperville), the bill was introduced 22 February 2007 and passed out of the House on 2 May 2007 on an extremely close vote. The bill then proceeded to the Senate. Senate sponsor: Randall M. Hultgren (R-48, Wheaton). The bill was referred to the Senate Rules Committee and remained there until the session was adjourned.
The Illinois Library Association opposed this bill. Our coalition members included: the AIDS Foundation, the American Civil Liberties Union-Illinois, the City of Chicago, the Illinois Municipal League, the Illinois Secretary of State's office, the National Organization for Women, Planned Parenthood, and People for the American Way.
It should be noted, however, that HB 1727 still exists and could return in the 2007 Illinois General Assembly Fall Veto Session.
House Bill (HB) 499, Trustee Petition, passed. This bill amends the Illinois Local Library Act by making the minimum signature requirement for a nomination petition for the office of library board trustee 25 (now, 50). House sponsors: Rep. Jim Sacia (R-89, Freeport), Mike Fortner (R-95, West Chicago), and Shane Cultra (R-105, Onarga). Senate Sponsors: Sen. Todd Sieben (R-45, Geneseo), and Pamela J. Althoff (R-32, Crystal Lake). ILA supported this initiative after it was amended to address our concerns.
House Bill (HB) 2782, Public Library District Annexation, passed. An initiative of the Illinois Library Association, this bill arose from an annexation controversy in Geneva and Batavia. The bill requires that prior to adopting the ordinance, the library district shall send notice of an annexation under this section, to be considered by the board of trustees of each public library with area within one mile of the territory to be annexed. The library district may in addition provide notice of a proposed annexation ordinance on a Web site maintained by the library district. At any meeting of the board of trustees in which an annexation ordinance under this section shall be considered, the board shall provide a reasonable opportunity for any interested person to make public comments on the proposed annexation ordinance. Within fifteen days of the passage of the annexation ordinance, the library district shall send notice of the adoption of the ordinance, a copy of the map showing the boundaries of the territory to be annexed, and a copy of the text of the publication notice required in this section to the president of the board of trustees of each public library with territory within one mile of the area to be annexed. House sponsor: Timothy L. Schmitz (R-49, Geneva) and Senate sponsors: Sen. Randall M. Hultgren (R-48, Wheaton), Pamela J. Althoff (R-32, Crystal Lake), and Chris Lauzen (R-21, Aurora).
Senate Bill (SB) 186, Working Cash Funds, passed. An initiative of the Illinois library community, the bill is designed to bring consistency to the management of public library district working cash funds by adopting provisions consistent with other units of local government such as park districts and schools. Public library districts are entitled to establish working cash funds for a period of four tax years, but the tax years need not be consecutive. The establishment of a working cash fund is subject to a back door referendum.
Senate Bill 186 makes three changes to public library district working cash funds:
1. The bill updates the annual limit on the maximum size of a working cash fund. The current limit is 0.2% of the cash value of the taxable property in the district in 1978 or even less if established before 1978. This cap has not been raised in almost thirty years and is completely outdated. The bill would place the limit at 0.2% of the 1998 cash value of taxable property.
2. The bill clarifies that interest earned from temporarily idle funds may be transferred to the general fund.
3. Finally, the bill allows library districts to reestablish working cash funds by the same method as originally created; meaning they are subject to a back door rather than a front door referendum.
Senate sponsors: Louis S. Viverito (D-11, Burbank), Pamela J. Althoff (R-32, Crystal Lake), Edward D. Maloney (D-18, Chicago), M. Maggie Crotty (D-19, Oak Forest), and Jacqueline Y. Collins (D-16, Chicago). House sponsors: Rep. Linda Chapa LaVia (D-83, Aurora), Aaron Schock (R-92, Peoria), Tom Cross (R-84, Plainfield), Dan Reitz (D-116, Sparta), Elaine Nekritz (D-57, Des Plaines), Sidney H. Mathias (R-53, Arlington Heights), Franco Coladipietro (R-45, Bloomingdale), Sandra M. Pihos (R-42, Glen Ellyn), Mike Fortner (R-95, West Chicago), Sandy Cole (R-62, Grayslake), Mark H. Beaubien Jr. (R-52, Wauconda), Robert W. Pritchard (R-70, Sycamore), Donald L. Moffitt (R-74, Galesburg), Patricia R. Bellock (R-47, Westmont), Suzanne Bassi (R-54, Palatine), and Kevin Joyce (D-35, Worth).
House Bill (HB) 237, Library Records Confidentiality Act, passed. Sponsored by Rep. Joe Dunn (R-96, Naperville) and Tom Cross (R-84, Plainfield), the ILA Executive Board proposed various changes to a 2004-2005 confidentiality bill (see February 2005 ILA Reporter, "Confidentiality: A Case Study in Progress.")
At the November 2004 meeting, the board thoroughly discussed the draft legislation and determined that while this first draft addressed several of the board's concerns, it also determined that the proposal could be further narrowed and improved if several key changes were made. Those proposed changes include the following:
1. Make clear that it is up to the library as the provider of any information to determine whether the request is truly necessary in light of a specific emergency situation;
2. Narrow the emergency exception to only those cases where there is an imminent threat of death or great bodily harm;
3. Require the request from law enforcement personnel to be in writing, be made only after an actual request for a court order has been initiated; and be reviewable by a court after the fact to determine whether it was proper to seek the information without a court order;
4. Make clear that the only information actually provided would be the identity of the library patron in question, and would not include disclosure of any other registration or circulation records that would indicate materials borrowed, resources reviewed, or services used at the library; and
5. Affirm that the right of the library to comply with such requests would be limited to this narrow emergency exception, and thus reconfirm that confidentiality of patron registration and circulation records must be maintained.
All five points were finally addressed by changes in the fourth draft bill. Based on that action, the ILA Executive Board voted a position of neutrality regarding the draft bill. In the Senate, Sen. Randall M. Hultgren (R-48, Wheaton), Kirk W. Dillard (R-24, Westmont), and Susan Garrett (D-29, Highwood) were the sponsors.
Senate Bill 729, College Campus Press Act, passed. This bill provides that all campus media produced primarily by students at state-sponsored institution of higher learning is a public forum for expression by the student journalists and editors at the particular institution. It also provides that campus media, whether campus-sponsored or noncampus sponsored, is not subject to prior review by public officials of those institutions. In the senate, Sen. Susan Garrett (D-29, Highwood), Dale A. Righter (R-59, Mattoon), Dan Kotowski (D-33, Mt. Prospect), and Bill Brady (R-44, Bloomington). House sponsors: Rep. Naomi D. Jakobsson (D-103, Champaign), Dan Brady (R-88, Bloomongton), Kevin A. McCarthy (D-37, Orland Park), Robert W. Pritchard (R-70, Sycamore), Careen M Gordon (D-75, Coal City), and Lisa M. Dugan (D-79, Kankakee). ILA supported this bill.
Senate Bill 364, Sex Offender Community Notification Law, passed. This bill provides that the local law enforcement agencies having jurisdiction shall disclose to libraries located within their jurisdictions the name, address, date of birth, place of employment, school attended, and offense or adjudication of all sex offenders and violent offenders against youth required to register in their jurisdictions under the Acts. Senate sponsors: Randall "Randy" M. Hultgren (R-48, Wheaton), Carole Pankau (R-23, Bloomingdale), and Frank C. Watson (R-51, Greenville).
At the November 2006 ILA Executive Board meeting, the board discussed SB 364 and determined the association should not be opposed to receiving information. The board also determined the following general principle/operating guideline regarding sex offenders and access to libraries: All are welcomed in libraries, but individuals may be excluded based on individual behavior that violates the law or library policies. ILA was neutral on this bill.
Senate Bill (SB) 417, Elections and Sex Offenders, failed. This bill would have required sex offenders whose polling place is a library or school to vote by absentee or early voting ballot. ILA successfully sought an amendment to remove libraries from this proposed legislation.
Senate Bill (HB) 1472, Internet Safety Education Act, passed. This bill requires school districts to provide education about Internet threats and risks. It creates the Internet Safety Education Alliance under the authority of the Office of the Attorney General. It amends both the State Finance Act to create the Internet Safety Education Fund and the School Code to mandate the provision by every public school of instruction and discussion on effective methods by which students may recognize and report inappropriate, illegal, or threatening communications on the Internet on or before the start of the 2008-2009 school year. ILA supported this bill.
Senate Bill (SB) 1158, Changes to the Illinois Municipal Retirement Fund, failed. This bill would have amended the Illinois Pension Code by providing that specified unfunded liabilities of participating municipalities shall be spread over the remainder of the period that is allowable under generally accepted accounting principles, except that the employer may provide for a longer period by adopting a resolution or ordinance specifying a 40-year period and submitting a certified copy of the ordinance or resolution to the fund. ILA opposed this bill.
House Resolution 256, Library Workers Day, 17 April 2007, passed. On 10 May 2007, the state government administrative committee passed this resolution.
Overall
The association's advocacy efforts this spring successfully defeated legislation that would have required all Illinois public and school libraries to filter their computers, and defeated proposed social networking legislation. ILA opposed proposed legislation weakening the Illinois Municipal Retirement Fund. ILA sponsored bills to bring consistency to the management of public library district working cash funds, to allow greater transparency in the public library district annexation issues, and to allow greater flexibility for minimum signature requirement for a trustee nomination petition. It was an extraordinarily successful spring session in the Illinois General Assembly, where libraries faced many challenges.
Our success is due to the many calls and e-mail messages from the library community, the other coalition members, and the many citizens who shared our concerns. Please thank your representatives for their careful consideration of these issues, including House Bill 1727. Even if they did not vote against mandatory filters, please thank them for their careful consideration of this issue and express your hope to work with them in the future in advancing libraries, library services, and literacy in Illinois.
Congratulations and thanks to all!
