Full Text of SB2488 100th General Assembly
SB2488enr 100TH GENERAL ASSEMBLY |
| | SB2488 Enrolled | | LRB100 15711 AWJ 30816 b |
|
| 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;
|
| | | SB2488 Enrolled | - 2 - | LRB100 15711 AWJ 30816 b |
|
| 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 |
| | | SB2488 Enrolled | - 3 - | LRB100 15711 AWJ 30816 b |
|
| 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 |
| | | SB2488 Enrolled | - 4 - | LRB100 15711 AWJ 30816 b |
|
| 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 |
| | | SB2488 Enrolled | - 5 - | LRB100 15711 AWJ 30816 b |
|
| 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 |
| | | SB2488 Enrolled | - 6 - | LRB100 15711 AWJ 30816 b |
|
| 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.
|
| | | SB2488 Enrolled | - 7 - | LRB100 15711 AWJ 30816 b |
|
| 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 |
| | | SB2488 Enrolled | - 8 - | LRB100 15711 AWJ 30816 b |
|
| 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.
|
|