93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2459

 

Introduced 2/3/2004, by J. Bradley Burzynski

 

SYNOPSIS AS INTRODUCED:
 
75 ILCS 5/4-7   from Ch. 81, par. 4-7
75 ILCS 16/30-55.60

    Amends the Illinois Local Library Act and the Public Library District Act of 1991. Removes provisions that (i) require a person applying for a non-resident library card to apply at the public library closest to the person's principal residence and (ii) provide that public libraries are not required to participate in the non-resident card reciprocal borrowing program of a regional library system. Provides that non-resident cards allow for borrowing privileges only at the library where the card was issued (now, allows for borrowing privileges at participating public libraries in the regional library system).


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A BILL FOR

 

SB2459 LRB093 20554 MKM 46363 b

1     AN ACT concerning libraries.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Local Library Act is amended by
5 changing Section 4-7 as follows:
 
6     (75 ILCS 5/4-7)  (from Ch. 81, par. 4-7)
7     Sec. 4-7. Each board of library trustees of a city,
8 incorporated town, village or township shall carry out the
9 spirit and intent of this Act in establishing, supporting and
10 maintaining a public library or libraries for providing library
11 service and, in addition to but without limiting other powers
12 conferred by this Act, shall have the following powers:
13         1. To make and adopt such bylaws, rules and
14     regulations, for their own guidance and for the government
15     of the library as may be expedient, not inconsistent with
16     this Act;
17         2. To have the exclusive control of the expenditure of
18     all moneys collected for the library and deposited to the
19     credit of the library fund;
20         3. To have the exclusive control of the construction of
21     any library building and of the supervision, care and
22     custody of the grounds, rooms or buildings constructed,
23     leased or set apart for that purpose;
24         4. To purchase or lease real or personal property, and
25     to construct an appropriate building or buildings for the
26     use of a library established hereunder, using, at the
27     board's option, contracts providing for all or part of the
28     consideration to be paid through installments at stated
29     intervals during a certain period not to exceed 20 years
30     with interest on the unpaid balance at any lawful rate for
31     municipal corporations in this State, except that
32     contracts for installment purchases of real estate shall

 

 

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1     provide for not more than 75% of the total consideration to
2     be repaid by installments, and to refund at any time any
3     installment contract entered into pursuant to this
4     paragraph by means of a refunding loan agreement, which may
5     provide for installment payments of principal and interest
6     to be made at stated intervals during a certain period not
7     to exceed 20 years from the date of such refunding loan
8     agreement, with interest on the unpaid principal balance at
9     any lawful rate for municipal corporations in this State,
10     except that no installment contract or refunding loan
11     agreement for the same property or construction project may
12     exceed an aggregate of 20 years;
13         5. To remodel or reconstruct a building erected or
14     purchased by the board, when such building is not adapted
15     to its purposes or needs;
16         6. To sell or otherwise dispose of any real or personal
17     property that it deems no longer necessary or useful for
18     library purposes, and to lease to others any real property
19     not immediately useful but for which plans for ultimate use
20     have been or will be adopted but the corporate authorities
21     shall have the first right to purchase or lease except that
22     in the case of the City of Chicago, this power shall be
23     governed and limited by the Chicago Public Library Act;
24         7. To appoint and to fix the compensation of a
25     qualified librarian, who shall have the authority to hire
26     such other employees as may be necessary, to fix their
27     compensation, and to remove such appointees, subject to the
28     approval of the board, but these powers are subject to
29     Division 1 of Article 10 of the Illinois Municipal Code in
30     municipalities in which that Division is in force. The
31     board may also retain counsel and professional consultants
32     as needed;
33         8. To contract with any public or private corporation
34     or entity for the purpose of providing or receiving library
35     service or of performing any and all other acts necessary
36     and proper to carry out the responsibilities, the spirit,

 

 

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1     and the provisions of this Act. This contractual power
2     includes, but is not limited to, participating in
3     interstate library compacts and library systems,
4     contracting to supply library services, and expending of
5     any federal or State funds made available to any county,
6     municipality, township or to the State of Illinois for
7     library purposes. However, if a contract is for the supply
8     of library services for residents without a public library
9     established under the provisions of this Act, the terms of
10     that contract will recognize the principle of equity or
11     cost of services to non-residents expressed in this Section
12     of this Act, and will provide for the assumption by the
13     contracting party receiving the services of financial
14     responsibility for the loss of or damage to any library
15     materials provided to non-residents under the contract;
16         9. To join with the board or boards of any one or more
17     libraries in this State in maintaining libraries, or for
18     the maintenance of a common library or common library
19     services for participants, upon such terms as may be agreed
20     upon by and between the boards;
21         10. To enter into contracts and to take title to any
22     property acquired by it for library purposes by the name
23     and style of "The Board of Library Trustees of the (city,
24     village, incorporated town or township) of ...." and by
25     that name to sue and be sued;
26         11. To exclude from the use of the library any person
27     who wilfully violates the rules prescribed by the board;
28         12. To extend the privileges and use of the library,
29     including the borrowing of materials on an individual basis
30     by persons residing outside of the city, incorporated town,
31     village or township. If the board exercises this power, the
32     privilege of library use shall be upon such terms and
33     conditions as the board shall from time to time by its
34     regulations prescribe, and for such privileges and use, the
35     board shall charge a nonresident fee at least equal to the
36     cost paid by residents of the city, incorporated town,

 

 

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1     village or township, with the cost to be determined
2     according to the formula established by the Illinois State
3     Library. A person residing outside of a public library
4     service area must apply for a non-resident library card at
5     the public library located closest to the person's
6     principal residence. The nonresident cards shall allow for
7     borrowing privileges only at the library where the card was
8     issued at all participating public libraries in the
9     regional library system. The nonresident fee shall not
10     apply to privilege and use provided under the terms of the
11     library's membership in a library system operating under
12     the provisions of the Illinois Library System Act, under
13     the terms of any reciprocal agreement with a public or
14     private corporation or entity providing a library service,
15     or to a nonresident who as an individual or as a partner,
16     principal stockholder, or other joint owner owns taxable
17     property or is a senior administrative officer of a firm,
18     business, or other corporation owning taxable property
19     within the city, incorporated town, village or township
20     upon the presentation of the most recent tax bill upon that
21     taxable property, provided that the privilege and use of
22     the library is extended to only one such nonresident for
23     each parcel of such taxable property. Nothing in this item
24     12 requires any public library to participate in the
25     non-resident card reciprocal borrowing program of a
26     regional library system as provided for in this Section;
27         13. To exercise the power of eminent domain subject to
28     the prior approval of the corporate authorities under
29     Sections 5-1 and 5-2 of this Act;
30         14. To join the public library as a member and to join
31     the library trustees as members in the Illinois Library
32     Association and the American Library Association,
33     non-profit, non-political, 501(c)(3) associations, as
34     designated by the federal Internal Revenue Service, having
35     the purpose of library development and librarianship; to
36     provide for the payment of annual membership dues, fees and

 

 

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1     assessments and act by, through and in the name of such
2     instrumentality by providing and disseminating information
3     and research services, employing personnel and doing any
4     and all other acts for the purpose of improving library
5     development;
6         15. To invest funds pursuant to the Public Funds
7     Investment Act;
8         16. To accumulate and set apart as reserve funds
9     portions of the unexpended balances of the proceeds
10     received annually from taxes or other sources, for the
11     purpose of providing self-insurance against liabilities
12     relating to the public library.
13 (Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
 
14     Section 10. The Public Library District Act of 1991 is
15 amended by changing Section 30-55.60 as follows:
 
16     (75 ILCS 16/30-55.60)
17     Sec. 30-55.60. Use of library by nonresidents. The board
18 may extend the privileges and use of the library, including the
19 borrowing of materials on an individual basis by persons
20 residing outside the district. If the board exercises this
21 power, the privilege of library use shall be upon terms and
22 conditions prescribed by the board in its regulations. The
23 board shall charge a nonresident fee for the privileges and use
24 of the library at least equal to the cost paid by residents of
25 the district, with the cost to be determined according to the
26 formula established by the Illinois State Library. A person
27 residing outside of a public library service area must apply
28 for a non-resident library card at the public library closest
29 to the person's principal residence. The nonresident cards
30 shall allow for borrowing privileges only at the library where
31 the card was issued at all participating public libraries in
32 the regional library system. The nonresident fee shall not
33 apply to any of the following:
34         (1) Privileges and use provided (i) under the terms of

 

 

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1     the district's membership in a library system operating
2     under the provisions of the Illinois Library System Act or
3     (ii) under the terms of any reciprocal agreement with a
4     public or private corporation or entity providing a library
5     service.
6         (2) Residents of an area in which the library is
7     conducting a program for the purpose of encouraging the
8     inclusion of the area in the library district.
9         (3) A nonresident who, as an individual or as a
10     partner, principal stockholder, or other joint owner, owns
11     taxable property or is a senior administrative officer of a
12     firm, business, or other corporation owning taxable
13     property within the district, upon presentation of the most
14     recent tax bill upon that taxable property, provided that
15     the privileges and use of the library is extended to only
16     one such nonresident for each parcel of taxable property.
17     Nothing in this Section requires any public library to
18 participate in the non-resident card reciprocal borrowing
19 program of a regional library system as provided for in this
20 Section.
21 (Source: P.A. 92-166, eff. 1-1-02.)