Full Text of HB6401 93rd General Assembly
HB6401ham001 93RD GENERAL ASSEMBLY
|
Rep. Robert W. Churchill
Filed: 3/31/2004
|
|
09300HB6401ham001 |
|
LRB093 16332 MKM 48118 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 6401
| 2 |
| AMENDMENT NO. ______. Amend House Bill 6401 by replacing | 3 |
| the title with the following: | 4 |
| "AN ACT concerning libraries."; and | 5 |
| by inserting everything after the enacting clause with the | 6 |
| following: | 7 |
| "Section 5. The Illinois Local Library Act is amended by | 8 |
| changing Section 4-7 as follows:
| 9 |
| (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
| 10 |
| Sec. 4-7. Each board of library trustees of a city, | 11 |
| incorporated
town, village or township shall carry out the | 12 |
| spirit and intent of this
Act in establishing, supporting and | 13 |
| maintaining a public library or
libraries for providing library | 14 |
| service and, in addition to but without
limiting other powers | 15 |
| conferred by this Act, shall have the following powers:
| 16 |
| 1. To make and adopt such bylaws, rules and | 17 |
| regulations, for their
own guidance and for the government | 18 |
| of the library as may be expedient,
not inconsistent with | 19 |
| this Act;
| 20 |
| 2. To have the exclusive control of the expenditure of | 21 |
| all moneys
collected for the library and deposited to the | 22 |
| credit of the library
fund;
| 23 |
| 3. To have the exclusive control of the construction of |
|
|
|
09300HB6401ham001 |
- 2 - |
LRB093 16332 MKM 48118 a |
|
| 1 |
| any library
building and of the supervision, care and | 2 |
| custody of the grounds, rooms
or buildings constructed, | 3 |
| leased or set apart for that purpose;
| 4 |
| 4. To purchase or lease real or personal property, and | 5 |
| to construct
an appropriate building or buildings for the | 6 |
| use of a library
established hereunder, using, at the | 7 |
| board's option, contracts providing
for all or part of the | 8 |
| consideration to be paid through installments at
stated | 9 |
| intervals during a certain period not to exceed 20 years | 10 |
| with
interest on the unpaid balance at any lawful rate for | 11 |
| municipal
corporations in this State, except that | 12 |
| contracts for installment
purchases of real estate shall | 13 |
| provide for not more than 75% of the
total consideration to | 14 |
| be repaid by installments, and to refund at any
time any | 15 |
| installment contract entered into pursuant to this | 16 |
| paragraph by
means of a refunding loan agreement, which may | 17 |
| provide for installment payments
of principal and interest | 18 |
| to be made at stated intervals during a certain
period not | 19 |
| to exceed 20 years from the date of such refunding loan | 20 |
| agreement,
with interest on the unpaid principal balance at | 21 |
| any lawful rate for municipal
corporations in this State, | 22 |
| except that no installment contract or refunding
loan | 23 |
| agreement for the same property or construction project may | 24 |
| exceed
an aggregate of 20 years;
| 25 |
| 5. To remodel or reconstruct a building erected or | 26 |
| purchased by the
board, when such building is not adapted | 27 |
| to its purposes or needs;
| 28 |
| 6. To sell or otherwise dispose of any real or personal | 29 |
| property
that it deems no longer necessary or useful for | 30 |
| library purposes, and to
lease to others any real property | 31 |
| not immediately useful but for which
plans for ultimate use | 32 |
| have been or will be adopted but the corporate
authorities | 33 |
| shall have the first right to purchase or lease except that
| 34 |
| in the case of the City of Chicago, this power shall be |
|
|
|
09300HB6401ham001 |
- 3 - |
LRB093 16332 MKM 48118 a |
|
| 1 |
| governed and
limited by the Chicago Public Library Act;
| 2 |
| 7. To appoint and to fix the compensation of a | 3 |
| qualified librarian, who
shall have the authority to hire | 4 |
| such other employees as may be necessary,
to fix their | 5 |
| compensation, and to remove such appointees, subject to the
| 6 |
| approval of the board, but these powers are subject to
| 7 |
| Division 1 of Article 10 of the Illinois Municipal Code in
| 8 |
| municipalities in which that Division is in force. The | 9 |
| board may also
retain counsel and professional consultants | 10 |
| as needed;
| 11 |
| 8. To contract with any public or private corporation | 12 |
| or entity for
the purpose of providing or receiving library | 13 |
| service or of performing any
and all other acts necessary | 14 |
| and proper to carry out the responsibilities,
the spirit, | 15 |
| and the provisions of this Act. This contractual power
| 16 |
| includes, but is not limited to, participating in | 17 |
| interstate library
compacts and library systems, | 18 |
| contracting to supply library services, and
expending of | 19 |
| any federal or State funds made available to any county,
| 20 |
| municipality, township or to the State of Illinois for | 21 |
| library purposes.
However, if a contract is for the supply | 22 |
| of library services for residents
without a public library | 23 |
| established under the provisions of this Act, the
terms of | 24 |
| that contract will recognize the principle of equity or | 25 |
| cost of
services to non-residents expressed in this Section | 26 |
| of this Act, and will
provide for the assumption by the | 27 |
| contracting party receiving the services
of financial | 28 |
| responsibility for the loss of or damage to any library
| 29 |
| materials provided to non-residents under the contract;
| 30 |
| 9. To join with the board or boards of any one or more | 31 |
| libraries in
this State in maintaining libraries, or for | 32 |
| the maintenance of a common
library or common library | 33 |
| services for participants, upon such terms as may
be agreed | 34 |
| upon by and between the boards;
|
|
|
|
09300HB6401ham001 |
- 4 - |
LRB093 16332 MKM 48118 a |
|
| 1 |
| 10. To enter into contracts and to take title to any | 2 |
| property
acquired by it for library purposes by the name | 3 |
| and style of "The Board
of Library Trustees of the (city, | 4 |
| village, incorporated town or
township) of ...." and by | 5 |
| that name to sue and be sued;
| 6 |
| 11. To exclude from the use of the library any person | 7 |
| who wilfully
violates the rules prescribed by the board;
| 8 |
| 12. To extend the privileges and use of the library, | 9 |
| including the
borrowing of materials on an individual basis | 10 |
| by persons residing outside
of the city, incorporated town, | 11 |
| village or township. If the board exercises
this power, the | 12 |
| privilege of library use shall be upon such terms
and | 13 |
| conditions as the board shall from time to time by its | 14 |
| regulations
prescribe, and for such privileges and use, the | 15 |
| board shall charge a
nonresident fee at least equal to the | 16 |
| cost paid by residents of the city,
incorporated town, | 17 |
| village or township, with the cost to be determined
| 18 |
| according to the formula established by the Illinois State | 19 |
| Library.
A person residing outside of a public library | 20 |
| service area must apply for a
non-resident library
card at | 21 |
| the public library located closest to the person's | 22 |
| principal
residence.
The
nonresident cards shall allow for | 23 |
| borrowing privileges
at all participating public libraries | 24 |
| in the regional library system. The
nonresident fee shall | 25 |
| not apply to privilege and use provided under the
terms of | 26 |
| the library's membership in a library system operating | 27 |
| under the
provisions of the Illinois Library System Act, | 28 |
| under the terms of any
reciprocal agreement with a public | 29 |
| or private corporation or entity
providing a library | 30 |
| service, or to a nonresident who as an individual or as
a | 31 |
| partner, principal stockholder, or other joint owner owns | 32 |
| taxable
property or is a senior administrative officer of a | 33 |
| firm, business, or
other corporation owning taxable | 34 |
| property within the city, incorporated
town, village or |
|
|
|
09300HB6401ham001 |
- 5 - |
LRB093 16332 MKM 48118 a |
|
| 1 |
| township upon the presentation of the most recent tax bill
| 2 |
| upon that taxable property, provided that the privilege and | 3 |
| use of the
library is extended to only one such nonresident | 4 |
| for each parcel of such
taxable property. Nothing in this | 5 |
| item 12 requires any public library to
participate in the
| 6 |
| non-resident card
reciprocal borrowing program of a | 7 |
| regional library system as provided for in
this Section;
| 8 |
| 12.5. To extend the privileges and use of the library, | 9 |
| including the borrowing of materials on an individual basis | 10 |
| by children in kindergarten through 12th grade who reside | 11 |
| outside of the city, incorporated town, village, or | 12 |
| township. If the board exercises this power, the privilege | 13 |
| of library use shall be upon the terms and conditions | 14 |
| prescribed from time to time by the board, and the board | 15 |
| may charge an annual fee determined by the board, but no | 16 |
| greater than the fee for a non-resident card. The fee may | 17 |
| be based on a sliding-scale. Fees may waived in appropriate | 18 |
| circumstances determined by the board. The non-resident | 19 |
| card issued under this paragraph shall allow for borrowing | 20 |
| privileges at all participating public libraries in the | 21 |
| State of Illinois. Privileges and use of the library | 22 |
| extended under this item shall be extended only to the | 23 |
| child and not to any other members of the child's family. | 24 |
| Nothing in this item 12.5 requires any public library to | 25 |
| participate in the non-resident reciprocal borrowing | 26 |
| program of a regional library system as provided for in | 27 |
| this Section;
| 28 |
| 13. To exercise the power of eminent domain subject to | 29 |
| the prior
approval of the corporate authorities under | 30 |
| Sections 5-1 and 5-2 of this Act;
| 31 |
| 14. To join the public library as a member and to join | 32 |
| the library
trustees as members in the Illinois Library | 33 |
| Association
and the American Library Association, | 34 |
| non-profit, non-political, 501(c)(3)
associations, as |
|
|
|
09300HB6401ham001 |
- 6 - |
LRB093 16332 MKM 48118 a |
|
| 1 |
| designated by the federal Internal Revenue Service, having
| 2 |
| the purpose of library development and librarianship; to | 3 |
| provide for the
payment of annual membership dues, fees and | 4 |
| assessments and act by, through
and in the name of such | 5 |
| instrumentality by providing and disseminating
information | 6 |
| and research services, employing personnel and doing any | 7 |
| and
all other acts for the purpose of improving library | 8 |
| development;
| 9 |
| 15. To invest funds pursuant to the Public Funds | 10 |
| Investment Act;
| 11 |
| 16. To accumulate and set apart as reserve funds | 12 |
| portions of the
unexpended balances of the proceeds | 13 |
| received annually from taxes or other
sources, for the | 14 |
| purpose of providing self-insurance against liabilities
| 15 |
| relating to the public library.
| 16 |
| (Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
| 17 |
| Section 10. The Public Library District Act of 1991 is | 18 |
| amended by changing Section 30-55.60 as follows:
| 19 |
| (75 ILCS 16/30-55.60)
| 20 |
| Sec. 30-55.60. Use of library by nonresidents.
| 21 |
| (a) The board may extend the privileges and use
of the | 22 |
| library, including the
borrowing of materials on an individual | 23 |
| basis by persons
residing outside the district. If the board | 24 |
| exercises this power,
the privilege of library use shall be | 25 |
| upon terms and conditions
prescribed by the
board in its | 26 |
| regulations. The board shall charge a
nonresident
fee for the | 27 |
| privileges and use of the library at least equal to the
cost | 28 |
| paid by residents of the district, with the
cost to be | 29 |
| determined according to the formula established by the Illinois
| 30 |
| State Library.
A person residing outside of a public library | 31 |
| service area must apply for a
non-resident library
card at the | 32 |
| public library closest to the person's principal residence.
The |
|
|
|
09300HB6401ham001 |
- 7 - |
LRB093 16332 MKM 48118 a |
|
| 1 |
| nonresident cards shall allow for borrowing privileges
at all | 2 |
| participating public libraries in the regional library system. | 3 |
| The nonresident fee shall
not
apply to
any of the following:
| 4 |
| (1) Privileges and use provided (i) under the terms
of | 5 |
| the district's membership
in a library system
operating | 6 |
| under the provisions of the Illinois Library System Act or | 7 |
| (ii) under
the terms of any reciprocal agreement with a | 8 |
| public or private corporation
or entity providing a library | 9 |
| service.
| 10 |
| (2) Residents of an area in which the library is | 11 |
| conducting a program for
the purpose of encouraging the | 12 |
| inclusion of the area in the library district.
| 13 |
| (3) A nonresident who, as an individual
or as a | 14 |
| partner, principal stockholder, or other joint owner, owns | 15 |
| taxable
property or is a senior administrative officer of a | 16 |
| firm, business, or
other corporation owning taxable | 17 |
| property within the district, upon
presentation of the most | 18 |
| recent tax bill upon that taxable property,
provided that | 19 |
| the privileges and use of the library is
extended to only | 20 |
| one
such nonresident for each parcel of taxable
property.
| 21 |
| (b) The Board may extend the privileges and use of the | 22 |
| library, including the borrowing of materials on an individual | 23 |
| basis by children in kindergarten through 12th grade who reside | 24 |
| outside of the district. If the board exercises this power, the | 25 |
| privilege of library use shall be upon the terms and conditions | 26 |
| prescribed from time to time by the board, and the board may | 27 |
| charge an annual fee determined by the board, but no more than | 28 |
| the fee for a non-resident card. The fee may be based on a | 29 |
| sliding-scale. Fees may waived in appropriate circumstances | 30 |
| determined by the board. The non-resident card issued under | 31 |
| this paragraph shall allow for borrowing privileges at all | 32 |
| participating public libraries in the State of Illinois. | 33 |
| Privileges and use of the library extended under this | 34 |
| subsection shall be extended only to the child and not to any |
|
|
|
09300HB6401ham001 |
- 8 - |
LRB093 16332 MKM 48118 a |
|
| 1 |
| other members of the child's family.
| 2 |
| (c) Nothing in this Section requires any public library to | 3 |
| participate in the
non-resident card
reciprocal borrowing | 4 |
| program of a regional library system as provided for in
this | 5 |
| Section.
| 6 |
| (Source: P.A. 92-166, eff. 1-1-02.)".
|
|