Full Text of SB3497 102nd General Assembly
SB3497enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 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 | 11 | | library service and, in addition to but without
limiting other | 12 | | powers 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 | 21 | | of 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;
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| 1 | | 4. To purchase or lease real or personal property, and | 2 | | to construct
an appropriate building or buildings for the | 3 | | use of a library
established hereunder, using, at the | 4 | | board's option, contracts providing
for all or part of the | 5 | | consideration to be paid through installments at
stated | 6 | | intervals during a certain period not to exceed 20 years | 7 | | with
interest on the unpaid balance at any lawful rate for | 8 | | municipal
corporations in this State, except that | 9 | | contracts for installment
purchases of real estate shall | 10 | | provide for not more than 75% of the
total consideration | 11 | | to be repaid by installments, and to refund at any
time any | 12 | | installment contract entered into pursuant to this | 13 | | paragraph by
means of a refunding loan agreement, which | 14 | | may provide for installment payments
of principal and | 15 | | interest to be made at stated intervals during a certain
| 16 | | period not to exceed 20 years from the date of such | 17 | | refunding loan agreement,
with interest on the unpaid | 18 | | principal balance at any lawful rate for municipal
| 19 | | corporations in this State, except that no installment | 20 | | contract or refunding
loan agreement for the same property | 21 | | or construction project may exceed
an aggregate of 20 | 22 | | years;
| 23 | | 5. To remodel or reconstruct a building erected or | 24 | | purchased by the
board, when such building is not adapted | 25 | | to its purposes or needs;
| 26 | | 6. To sell or otherwise dispose of any real or |
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| 1 | | personal property
that it deems no longer necessary or | 2 | | useful for library purposes, and to
lease to others any | 3 | | real property not immediately useful but for which
plans | 4 | | for ultimate use have been or will be adopted but the | 5 | | corporate
authorities shall have the first right to | 6 | | purchase or lease except that
in the case of the City of | 7 | | Chicago, this power shall be governed and
limited by the | 8 | | Chicago Public Library Act;
| 9 | | 7. To appoint and to fix the compensation of a | 10 | | qualified librarian, who
shall have the authority to hire | 11 | | such other employees as may be necessary,
to fix their | 12 | | compensation, and to remove such appointees, subject to | 13 | | the
approval of the board, but these powers are subject to
| 14 | | Division 1 of Article 10 of the Illinois Municipal Code in
| 15 | | municipalities in which that Division is in force. The | 16 | | board may also
retain counsel and professional consultants | 17 | | as needed;
| 18 | | 8. To contract with any public or private corporation | 19 | | or entity for
the purpose of providing or receiving | 20 | | library service or of performing any
and all other acts | 21 | | necessary and proper to carry out the responsibilities,
| 22 | | the spirit, and the provisions of this Act. This | 23 | | contractual power
includes, but is not limited to, | 24 | | participating in interstate library
compacts and library | 25 | | systems, contracting to supply library services, and
| 26 | | expending of any federal or State funds made available to |
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| 1 | | any county,
municipality, township or to the State of | 2 | | Illinois for library purposes.
However, if a contract is | 3 | | for the supply of library services for residents
without a | 4 | | public library established under the provisions of this | 5 | | Act, the
terms of that contract will recognize the | 6 | | principle of equity or cost of
services to non-residents | 7 | | expressed in this Section of this Act, and will
provide | 8 | | for the assumption by the contracting party receiving the | 9 | | services
of financial responsibility for the loss of or | 10 | | damage to any library
materials provided to non-residents | 11 | | under the contract;
| 12 | | 9. To join with the board or boards of any one or more | 13 | | libraries in
this State in maintaining libraries, or for | 14 | | the maintenance of a common
library or common library | 15 | | services for participants, upon such terms as may
be | 16 | | agreed upon by and between the boards;
| 17 | | 10. To enter into contracts and to take title to any | 18 | | property
acquired by it for library purposes by the name | 19 | | and style of "The Board
of Library Trustees of the (city, | 20 | | village, incorporated town or
township) of ...." and by | 21 | | that name to sue and be sued;
| 22 | | 11. To exclude from the use of the library any person | 23 | | who wilfully
violates the rules prescribed by the board;
| 24 | | 12. To extend the privileges and use of the library, | 25 | | including the
borrowing of materials on an individual | 26 | | basis by persons residing outside
of the city, |
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| 1 | | incorporated town, village or township. If the board | 2 | | exercises
this power, the privilege of library use shall | 3 | | be upon such terms
and conditions as the board shall from | 4 | | time to time by its regulations
prescribe, and for such | 5 | | privileges and use, the board shall charge a
nonresident | 6 | | fee at least equal to the cost paid by residents of the | 7 | | city,
incorporated town, village or township, with the | 8 | | cost to be determined
according to the formula established | 9 | | by the Illinois State Library.
A person residing outside | 10 | | of a public library service area must apply for a
| 11 | | non-resident library
card at the public library located | 12 | | closest to the person's principal
residence.
The
| 13 | | nonresident cards shall allow for borrowing privileges
at | 14 | | all participating public libraries in the regional library | 15 | | system. The
nonresident fee shall not apply to: privilege | 16 | | and use provided under the
terms of the library's | 17 | | membership in a library system operating under the
| 18 | | provisions of the Illinois Library System Act, under the | 19 | | terms of any
reciprocal agreement with a public or private | 20 | | corporation or entity
providing a library service; to a | 21 | | nonresident who as an individual or as
a partner, | 22 | | principal stockholder, or other joint owner owns or leases
| 23 | | property that is taxed for library service or is a senior | 24 | | administrative officer of a firm, business, or
other | 25 | | corporation owning taxable property within the city, | 26 | | incorporated
town, village or township upon the |
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| 1 | | presentation of the most recent tax bill
upon that taxable | 2 | | property or a copy of the commercial lease of that taxable | 3 | | property; or to a nonresident in an unincorporated area in | 4 | | Illinois who is a student whose household falls at or | 5 | | below the U.S. Department of Agriculture's Income | 6 | | Eligibility Guidelines . The board may adopt regulations | 7 | | waiving the nonresident fee for persons under the age of | 8 | | 18 ;
| 9 | | 13. To exercise the power of eminent domain subject to | 10 | | the prior
approval of the corporate authorities under | 11 | | Sections 5-1 and 5-2 of this Act;
| 12 | | 14. To join the public library as a member and to join | 13 | | the library
trustees as members in the Illinois Library | 14 | | Association
and the American Library Association, | 15 | | non-profit, non-political, 501(c)(3)
associations, as | 16 | | designated by the federal Internal Revenue Service, having
| 17 | | the purpose of library development and librarianship; to | 18 | | provide for the
payment of annual membership dues, fees | 19 | | and assessments and act by, through
and in the name of such | 20 | | instrumentality by providing and disseminating
information | 21 | | and research services, employing personnel and doing any | 22 | | and
all other acts for the purpose of improving library | 23 | | development;
| 24 | | 15. To invest funds pursuant to the Public Funds | 25 | | Investment Act; and
| 26 | | 16. To accumulate and set apart as reserve funds |
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| 1 | | portions of the
unexpended balances of the proceeds | 2 | | received annually from taxes or other
sources, for the | 3 | | purpose of providing self-insurance against liabilities
| 4 | | relating to the public library.
| 5 | | (Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
| 6 | | Section 10. The Public Library District Act of 1991 is | 7 | | amended by changing Section 30-55.60 as follows:
| 8 | | (75 ILCS 16/30-55.60)
| 9 | | Sec. 30-55.60. Use of library by nonresidents. The board | 10 | | may extend the privileges and use
of the library, including | 11 | | the
borrowing of materials on an individual basis by persons
| 12 | | residing outside the district. If the board exercises this | 13 | | power,
the privilege of library use shall be upon terms and | 14 | | conditions
prescribed by the
board in its regulations. The | 15 | | board shall charge a
nonresident
fee for the privileges and | 16 | | use of the library at least equal to the
cost paid by residents | 17 | | of the district, with the
cost to be determined according to | 18 | | the formula established by the Illinois
State Library.
A | 19 | | person residing outside of a public library service area must | 20 | | apply for a
non-resident library
card at the public library | 21 | | closest to the person's principal residence.
The nonresident | 22 | | cards shall allow for borrowing privileges
at all | 23 | | participating public libraries in the regional library system. | 24 | | The nonresident fee shall
not
apply to
any of the following:
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| 1 | | (1) Privileges and use provided (i) under the terms
of | 2 | | the district's membership
in a library system
operating | 3 | | under the provisions of the Illinois Library System Act or | 4 | | (ii) under
the terms of any reciprocal agreement with a | 5 | | public or private corporation
or entity providing a | 6 | | library service.
| 7 | | (2) Residents of an area in which the library is | 8 | | conducting a program for
the purpose of encouraging the | 9 | | inclusion of the area in the library district.
| 10 | | (3) A nonresident who, as an individual
or as a | 11 | | partner, principal stockholder, or other joint owner, owns | 12 | | or leases
property that is taxed for library service or is | 13 | | a senior administrative officer of a firm, business, or
| 14 | | other corporation owning taxable property within the | 15 | | district, upon
presentation of the most recent tax bill | 16 | | upon that taxable property or a copy of the commercial | 17 | | lease of that taxable property. | 18 | | (4) A nonresident in an unincorporated area in | 19 | | Illinois who is a student whose household falls at or | 20 | | below the U.S. Department of Agriculture's Income | 21 | | Eligibility Guidelines.
| 22 | | The board may adopt regulations waiving the nonresident | 23 | | fee for persons under the age of 18. | 24 | | (Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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