Full Text of SB3169 97th General Assembly
SB3169 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3169 Introduced 2/1/2012, by Sen. Sue Rezin 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. Requires each board of library trustees to extend the privileges and use of the library for persons residing at a homeless, emergency, temporary, or other shelter within the library's public service area. Provides that a library shall make reasonable accommodations for persons living in a shelter who do not have a form of identification, but who can verify residency at the shelter. 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 | | 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
| 23 | | 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. Nothing in this | 26 | | item 12 requires any public library to
participate in the
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| 1 | | non-resident card
reciprocal borrowing program of a | 2 | | regional library system as provided for in
this Section;
| 3 | | 13. To exercise the power of eminent domain subject to | 4 | | the prior
approval of the corporate authorities under | 5 | | Sections 5-1 and 5-2 of this Act;
| 6 | | 14. To join the public library as a member and to join | 7 | | the library
trustees as members in the Illinois Library | 8 | | Association
and the American Library Association, | 9 | | non-profit, non-political, 501(c)(3)
associations, as | 10 | | designated by the federal Internal Revenue Service, having
| 11 | | the purpose of library development and librarianship; to | 12 | | provide for the
payment of annual membership dues, fees and | 13 | | assessments and act by, through
and in the name of such | 14 | | instrumentality by providing and disseminating
information | 15 | | and research services, employing personnel and doing any | 16 | | and
all other acts for the purpose of improving library | 17 | | development;
| 18 | | 15. To invest funds pursuant to the Public Funds | 19 | | Investment Act;
| 20 | | 16. To accumulate and set apart as reserve funds | 21 | | portions of the
unexpended balances of the proceeds | 22 | | received annually from taxes or other
sources, for the | 23 | | purpose of providing self-insurance against liabilities
| 24 | | relating to the public library.
| 25 | | Each board shall extend the privileges and use of the | 26 | | library on an individual basis, including the borrowing of |
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| 1 | | materials, for persons residing at a homeless, emergency, | 2 | | temporary, or other shelter within the library's public service | 3 | | area. A library shall make reasonable accommodations for | 4 | | persons staying at a homeless, emergency, temporary, or other | 5 | | shelter who do not have a form of identification, but who can | 6 | | verify residency at the homeless, emergency, temporary, or | 7 | | other shelter within the library's public service area. | 8 | | (Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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