On May 21, 2025, the Illinois General Assembly passed House Bill 42 (HB42), a legislative amendment affecting both the Illinois Local Library Act and the Public Library District Act of 1991. This bill introduces an important change for public libraries and library districts across the state: it authorizes library boards to permit non-resident fees to be paid on a quarterly or biannual basis, rather than as a lump-sum annual fee.

Key Provisions of HB42

• Non-resident fees may now be structured to allow quarterly or biannual payments, offering greater flexibility and accessibility to patrons who reside outside of a library’s service area.
• This represents a change from existing administrative rules, which required public libraries to charge an annual, upfront non-resident fee equal to the cost paid by residents through property taxes.
• Implementation is discretionary. Individual library boards must formally adopt policies authorizing these alternative payment schedules. Without such board action, the default annual payment requirement remains in effect.

Effective Date and Next Steps

At this time, HB42 is not yet law. The bill must be presented to the Governor, who then has 60 days to sign or veto the legislation. If the Governor takes no action within that time frame, the bill will become law automatically.

In anticipation of HB42’s enactment, we recommend that library boards begin reviewing their existing non-resident fee policies and consider whether to adopt new policies permitting quarterly or biannual payments, consistent with the forthcoming statutory amendments.

We will continue to monitor the progress of HB42 and will provide a follow-up alert once the bill is signed or otherwise takes effect. In the meantime, if your library has questions about adopting or updating non-resident fee policies, we are available to assist with drafting appropriate policy language and ensuring compliance with applicable law.

For more information or assistance, please contact: dgwalsh@ktjlaw.com or by phone at (312) 984-6410.

Authored by:

Dennis G. Walsh