Full Text of SB2078 096th General Assembly
SB2078 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2078
Introduced 2/20/2009, by Sen. Randall M. Hultgren SYNOPSIS AS INTRODUCED: |
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75 ILCS 5/4-7 |
from Ch. 81, par. 4-7 |
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Amends the Illinois Local Library Act. Provides that any nonresident, and that nonresident's immediate family, who owns taxable property within a city, incorporated
town, village, or township that has established a public library is entitled the same services and benefits of the library as a resident card holder. Effective immediately.
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A BILL FOR
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SB2078 |
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LRB096 10767 HLH 20962 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 | 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;
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| 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;
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| 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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| 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
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| in the case of the City of Chicago, this power shall be | 6 |
| governed and
limited by the Chicago Public Library Act;
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| 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
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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 | 14 |
| board may also
retain counsel and professional consultants | 15 |
| as needed;
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| 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
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| 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,
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| municipality, township or to the State of Illinois for | 26 |
| library purposes.
However, if a contract is for the supply |
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| 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
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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 | 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;
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| 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;
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| 11. To exclude from the use of the library any person | 20 |
| who wilfully
violates the rules prescribed by the board;
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| 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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| 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
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| 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 |
| taxable
property or is a senior administrative officer of a | 20 |
| firm, business, or
other corporation owning taxable | 21 |
| property within the city, incorporated
town, village or | 22 |
| township upon the presentation of the most recent tax bill
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| upon that taxable property, provided that the privilege and | 24 |
| use of the
library is extended to only one such nonresident | 25 |
| for each parcel of such
taxable property. Any nonresident, | 26 |
| and that nonresident's immediate family, who as an |
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| individual or as a partner, principal stockholder, or other | 2 |
| joint owner owns taxable
property within the city, | 3 |
| incorporated
town, village, or township, upon the | 4 |
| presentation of the most recent tax bill
upon that taxable | 5 |
| property, shall be entitled to all services and benefits of | 6 |
| the library that resident card holders are entitled to. | 7 |
| Nothing in this item 12 requires any public library to
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| participate in the
non-resident card
reciprocal borrowing | 9 |
| program of a regional library system as provided for in
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| this Section;
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| 13. To exercise the power of eminent domain subject to | 12 |
| the prior
approval of the corporate authorities under | 13 |
| 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 | 15 |
| the library
trustees as members in the Illinois Library | 16 |
| Association
and the American Library Association, | 17 |
| non-profit, non-political, 501(c)(3)
associations, as | 18 |
| designated by the federal Internal Revenue Service, having
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| the purpose of library development and librarianship; to | 20 |
| provide for the
payment of annual membership dues, fees and | 21 |
| assessments and act by, through
and in the name of such | 22 |
| instrumentality by providing and disseminating
information | 23 |
| and research services, employing personnel and doing any | 24 |
| and
all other acts for the purpose of improving library | 25 |
| development;
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| 15. To invest funds pursuant to the Public Funds |
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LRB096 10767 HLH 20962 b |
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| Investment Act;
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| 16. To accumulate and set apart as reserve funds | 3 |
| portions of the
unexpended balances of the proceeds | 4 |
| received annually from taxes or other
sources, for the | 5 |
| 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 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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