Full Text of SB2459 93rd General Assembly
SB2459 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2459
Introduced 2/3/2004, by J. Bradley Burzynski SYNOPSIS AS INTRODUCED: |
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75 ILCS 5/4-7 |
from Ch. 81, par. 4-7 |
75 ILCS 16/30-55.60 |
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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
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SB2459 |
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LRB093 20554 MKM 46363 b |
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| AN ACT concerning libraries.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Local Library Act is amended by | 5 |
| changing Section 4-7 as follows:
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| (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
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| 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:
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| 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;
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| 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;
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| 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;
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| 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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| 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;
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| 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;
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| 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
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| in the case of the City of Chicago, this power shall be | 23 |
| governed and
limited by the Chicago Public Library Act;
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| 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
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| approval of the board, but these powers are subject to
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| Division 1 of Article 10 of the Illinois Municipal Code in
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| municipalities in which that Division is in force. The | 31 |
| board may also
retain counsel and professional consultants | 32 |
| as needed;
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| 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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| and the provisions of this Act. This contractual power
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| 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,
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| 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
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| materials provided to non-residents under the contract;
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| 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;
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| 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;
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| 11. To exclude from the use of the library any person | 27 |
| who wilfully
violates the rules prescribed by the board;
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| 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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| village or township, with the cost to be determined
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| 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
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| 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
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| non-resident card
reciprocal borrowing program of a | 26 |
| regional library system as provided for in
this Section ;
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| 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;
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| 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
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| the purpose of library development and librarianship; to | 36 |
| provide for the
payment of annual membership dues, fees and |
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| 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;
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| 15. To invest funds pursuant to the Public Funds | 7 |
| Investment Act;
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| 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
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| relating to the public library.
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| (Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
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| Section 10. The Public Library District Act of 1991 is | 15 |
| amended by changing Section 30-55.60 as follows:
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| (75 ILCS 16/30-55.60)
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| Sec. 30-55.60. Use of library by nonresidents. The board | 18 |
| may extend the privileges and use
of the library, including the
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| borrowing of materials on an individual basis by persons
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| 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
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| apply to
any of the following:
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| (1) Privileges and use provided (i) under the terms
of |
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| 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.
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| (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.
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| (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.
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| 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.
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| (Source: P.A. 92-166, eff. 1-1-02.)
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