Full Text of SB2488 100th General Assembly
SB2488 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2488 Introduced 1/31/2018, by Sen. Michael Connelly 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. Provides that a nonresident fee shall not be charged to a nonresident who owns or leases property that is taxed for library service (rather than only the owner of taxable property) upon the presentation of the most recent tax bill upon that taxable property or a copy of the commercial lease of that taxable property (rather than only the most recent tax bill). Removes the limitation of nonresident privileges for only one nonresident for each parcel of taxable property. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 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;
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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 to | 11 | | 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 may | 14 | | provide for installment payments
of principal and interest | 15 | | to be made at stated intervals during a certain
period not | 16 | | to exceed 20 years from the date of such refunding loan | 17 | | agreement,
with interest on the unpaid principal balance at | 18 | | any lawful rate for municipal
corporations in this State, | 19 | | except that no installment contract or refunding
loan | 20 | | agreement for the same property or construction project may | 21 | | exceed
an aggregate of 20 years;
| 22 | | 5. To remodel or reconstruct a building erected or | 23 | | purchased by the
board, when such building is not adapted | 24 | | to its purposes or needs;
| 25 | | 6. To sell or otherwise dispose of any real or personal | 26 | | property
that it deems no longer necessary or useful for |
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| 1 | | library purposes, and to
lease to others any real property | 2 | | not immediately useful but for which
plans for ultimate use | 3 | | have been or will be adopted but the corporate
authorities | 4 | | shall have the first right to purchase or lease except that
| 5 | | in the case of the City of Chicago, this power shall be | 6 | | governed and
limited by the Chicago Public Library Act;
| 7 | | 7. To appoint and to fix the compensation of a | 8 | | qualified librarian, who
shall have the authority to hire | 9 | | such other employees as may be necessary,
to fix their | 10 | | compensation, and to remove such appointees, subject to the
| 11 | | approval of the board, but these powers are subject to
| 12 | | Division 1 of Article 10 of the Illinois Municipal Code in
| 13 | | municipalities in which that Division is in force. The | 14 | | board may also
retain counsel and professional consultants | 15 | | as needed;
| 16 | | 8. To contract with any public or private corporation | 17 | | or entity for
the purpose of providing or receiving library | 18 | | service or of performing any
and all other acts necessary | 19 | | and proper to carry out the responsibilities,
the spirit, | 20 | | and the provisions of this Act. This contractual power
| 21 | | includes, but is not limited to, participating in | 22 | | interstate library
compacts and library systems, | 23 | | contracting to supply library services, and
expending of | 24 | | any federal or State funds made available to any county,
| 25 | | municipality, township or to the State of Illinois for | 26 | | library purposes.
However, if a contract is for the supply |
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| 1 | | of library services for residents
without a public library | 2 | | established under the provisions of this Act, the
terms of | 3 | | that contract will recognize the principle of equity or | 4 | | cost of
services to non-residents expressed in this Section | 5 | | of this Act, and will
provide for the assumption by the | 6 | | contracting party receiving the services
of financial | 7 | | responsibility for the loss of or damage to any library
| 8 | | materials provided to non-residents under the contract;
| 9 | | 9. To join with the board or boards of any one or more | 10 | | libraries in
this State in maintaining libraries, or for | 11 | | the maintenance of a common
library or common library | 12 | | services for participants, upon such terms as may
be agreed | 13 | | upon by and between the boards;
| 14 | | 10. To enter into contracts and to take title to any | 15 | | property
acquired by it for library purposes by the name | 16 | | and style of "The Board
of Library Trustees of the (city, | 17 | | village, incorporated town or
township) of ...." and by | 18 | | that name to sue and be sued;
| 19 | | 11. To exclude from the use of the library any person | 20 | | who wilfully
violates the rules prescribed by the board;
| 21 | | 12. To extend the privileges and use of the library, | 22 | | including the
borrowing of materials on an individual basis | 23 | | by persons residing outside
of the city, incorporated town, | 24 | | village or township. If the board exercises
this power, the | 25 | | privilege of library use shall be upon such terms
and | 26 | | conditions as the board shall from time to time by its |
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| 1 | | regulations
prescribe, and for such privileges and use, the | 2 | | board shall charge a
nonresident fee at least equal to the | 3 | | cost paid by residents of the city,
incorporated town, | 4 | | village or township, with the cost to be determined
| 5 | | according to the formula established by the Illinois State | 6 | | Library.
A person residing outside of a public library | 7 | | service area must apply for a
non-resident library
card at | 8 | | the public library located closest to the person's | 9 | | principal
residence.
The
nonresident cards shall allow for | 10 | | borrowing privileges
at all participating public libraries | 11 | | in the regional library system. The
nonresident fee shall | 12 | | not apply to privilege and use provided under the
terms of | 13 | | the library's membership in a library system operating | 14 | | under the
provisions of the Illinois Library System Act, | 15 | | under the terms of any
reciprocal agreement with a public | 16 | | or private corporation or entity
providing a library | 17 | | service, or to a nonresident who as an individual or as
a | 18 | | partner, principal stockholder, or other joint owner owns | 19 | | or leases taxable
property that is taxed for library | 20 | | service or is a senior administrative officer of a firm, | 21 | | business, or
other corporation owning taxable property | 22 | | within the city, incorporated
town, village or township | 23 | | upon the presentation of the most recent tax bill
upon that | 24 | | taxable property or a copy of the commercial lease of that | 25 | | taxable property , provided that the privilege and use of | 26 | | the
library is extended to only one such nonresident for |
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| 1 | | each parcel of such
taxable property . Nothing in this item | 2 | | 12 requires any public library to
participate in the
| 3 | | non-resident card
reciprocal borrowing program of a | 4 | | regional library system as provided for in
this Section;
| 5 | | 13. To exercise the power of eminent domain subject to | 6 | | the prior
approval of the corporate authorities under | 7 | | Sections 5-1 and 5-2 of this Act;
| 8 | | 14. To join the public library as a member and to join | 9 | | the library
trustees as members in the Illinois Library | 10 | | Association
and the American Library Association, | 11 | | non-profit, non-political, 501(c)(3)
associations, as | 12 | | designated by the federal Internal Revenue Service, having
| 13 | | the purpose of library development and librarianship; to | 14 | | provide for the
payment of annual membership dues, fees and | 15 | | assessments and act by, through
and in the name of such | 16 | | instrumentality by providing and disseminating
information | 17 | | and research services, employing personnel and doing any | 18 | | and
all other acts for the purpose of improving library | 19 | | development;
| 20 | | 15. To invest funds pursuant to the Public Funds | 21 | | Investment Act;
| 22 | | 16. To accumulate and set apart as reserve funds | 23 | | portions of the
unexpended balances of the proceeds | 24 | | received annually from taxes or other
sources, for the | 25 | | purpose of providing self-insurance against liabilities
| 26 | | relating to the public library.
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| 1 | | (Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
| 2 | | Section 10. The Public Library District Act of 1991 is | 3 | | amended by changing Section 30-55.60 as follows:
| 4 | | (75 ILCS 16/30-55.60)
| 5 | | Sec. 30-55.60. Use of library by nonresidents. The board | 6 | | may extend the privileges and use
of the library, including the
| 7 | | borrowing of materials on an individual basis by persons
| 8 | | residing outside the district. If the board exercises this | 9 | | power,
the privilege of library use shall be upon terms and | 10 | | conditions
prescribed by the
board in its regulations. The | 11 | | board shall charge a
nonresident
fee for the privileges and use | 12 | | of the library at least equal to the
cost paid by residents of | 13 | | the district, with the
cost to be determined according to the | 14 | | formula established by the Illinois
State Library.
A person | 15 | | residing outside of a public library service area must apply | 16 | | for a
non-resident library
card at the public library closest | 17 | | to the person's principal residence.
The nonresident cards | 18 | | shall allow for borrowing privileges
at all participating | 19 | | public libraries in the regional library system. The | 20 | | nonresident fee shall
not
apply to
any of the following:
| 21 | | (1) Privileges and use provided (i) under the terms
of | 22 | | the district's membership
in a library system
operating | 23 | | under the provisions of the Illinois Library System Act or | 24 | | (ii) under
the terms of any reciprocal agreement with a |
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| 1 | | public or private corporation
or entity providing a library | 2 | | service.
| 3 | | (2) Residents of an area in which the library is | 4 | | conducting a program for
the purpose of encouraging the | 5 | | inclusion of the area in the library district.
| 6 | | (3) A nonresident who, as an individual
or as a | 7 | | partner, principal stockholder, or other joint owner, owns | 8 | | or leases taxable
property that is taxed for library | 9 | | service or is a senior administrative officer of a firm, | 10 | | business, or
other corporation owning taxable property | 11 | | within the district, upon
presentation of the most recent | 12 | | tax bill upon that taxable property or a copy of the | 13 | | commercial lease of that taxable property ,
provided that | 14 | | the privileges and use of the library is
extended to only | 15 | | one
such nonresident for each parcel of taxable
property .
| 16 | | Nothing in this Section requires any public library to | 17 | | participate in the
non-resident card
reciprocal borrowing | 18 | | program of a regional library system as provided for in
this | 19 | | Section.
| 20 | | (Source: P.A. 92-166, eff. 1-1-02.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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