Full Text of SB3177 101st General Assembly
SB3177 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3177 Introduced 2/11/2020, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
| 75 ILCS 5/4-7 | from Ch. 81, par. 4-7 | 75 ILCS 16/30-55.60 | | 30 ILCS 805/8.44 new | |
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Amends the Illinois Local Library Act and the Public Library District Act of 1991. Provides that nonresident fees for the privilege and use of a library shall not be charged to a nonresident in an unincorporated are in Illinois who is a student and meets the poverty income guidelines. Removes provisions allowing libraries not to participate in nonresident card reciprocal borrowing programs of a regional library system. Amends the State Mandates Act requiring implementation without reimbursement.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | 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 1. This Act may be referred to as the Cards for | 5 | | Kids Act. | 6 | | Section 5. The Illinois Local Library Act is amended by | 7 | | changing Section 4-7 as follows:
| 8 | | (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
| 9 | | Sec. 4-7.
Each board of library trustees of a city, | 10 | | incorporated
town, village or township shall carry out the | 11 | | spirit and intent of this
Act in establishing, supporting and | 12 | | maintaining a public library or
libraries for providing library | 13 | | service and, in addition to but without
limiting other powers | 14 | | conferred by this Act, shall have the following powers:
| 15 | | 1. To make and adopt such bylaws, rules and | 16 | | regulations, for their
own guidance and for the government | 17 | | of the library as may be expedient,
not inconsistent with | 18 | | this Act;
| 19 | | 2. To have the exclusive control of the expenditure of | 20 | | all moneys
collected for the library and deposited to the | 21 | | credit of the library
fund;
| 22 | | 3. To have the exclusive control of the construction of |
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| 1 | | any library
building and of the supervision, care and | 2 | | custody of the grounds, rooms
or buildings constructed, | 3 | | leased or set apart for that purpose;
| 4 | | 4. To purchase or lease real or personal property, and | 5 | | to construct
an appropriate building or buildings for the | 6 | | use of a library
established hereunder, using, at the | 7 | | board's option, contracts providing
for all or part of the | 8 | | consideration to be paid through installments at
stated | 9 | | intervals during a certain period not to exceed 20 years | 10 | | with
interest on the unpaid balance at any lawful rate for | 11 | | municipal
corporations in this State, except that | 12 | | contracts for installment
purchases of real estate shall | 13 | | provide for not more than 75% of the
total consideration to | 14 | | be repaid by installments, and to refund at any
time any | 15 | | installment contract entered into pursuant to this | 16 | | paragraph by
means of a refunding loan agreement, which may | 17 | | provide for installment payments
of principal and interest | 18 | | to be made at stated intervals during a certain
period not | 19 | | to exceed 20 years from the date of such refunding loan | 20 | | agreement,
with interest on the unpaid principal balance at | 21 | | any lawful rate for municipal
corporations in this State, | 22 | | except that no installment contract or refunding
loan | 23 | | agreement for the same property or construction project may | 24 | | exceed
an aggregate of 20 years;
| 25 | | 5. To remodel or reconstruct a building erected or | 26 | | purchased by the
board, when such building is not adapted |
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| 1 | | to its purposes or needs;
| 2 | | 6. To sell or otherwise dispose of any real or personal | 3 | | property
that it deems no longer necessary or useful for | 4 | | library purposes, and to
lease to others any real property | 5 | | not immediately useful but for which
plans for ultimate use | 6 | | have been or will be adopted but the corporate
authorities | 7 | | shall have the first right to purchase or lease except that
| 8 | | in the case of the City of Chicago, this power shall be | 9 | | governed and
limited by the Chicago Public Library Act;
| 10 | | 7. To appoint and to fix the compensation of a | 11 | | qualified librarian, who
shall have the authority to hire | 12 | | such other employees as may be necessary,
to fix their | 13 | | compensation, and to remove such appointees, subject to the
| 14 | | approval of the board, but these powers are subject to
| 15 | | Division 1 of Article 10 of the Illinois Municipal Code in
| 16 | | municipalities in which that Division is in force. The | 17 | | board may also
retain counsel and professional consultants | 18 | | as needed;
| 19 | | 8. To contract with any public or private corporation | 20 | | or entity for
the purpose of providing or receiving library | 21 | | service or of performing any
and all other acts necessary | 22 | | and proper to carry out the responsibilities,
the spirit, | 23 | | and the provisions of this Act. This contractual power
| 24 | | includes, but is not limited to, participating in | 25 | | interstate library
compacts and library systems, | 26 | | contracting to supply library services, and
expending of |
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| 1 | | any federal or State funds made available to any county,
| 2 | | municipality, township or to the State of Illinois for | 3 | | library purposes.
However, if a contract is for the supply | 4 | | of library services for residents
without a public library | 5 | | established under the provisions of this Act, the
terms of | 6 | | that contract will recognize the principle of equity or | 7 | | cost of
services to non-residents expressed in this Section | 8 | | of this Act, and will
provide for the assumption by the | 9 | | contracting party receiving the services
of financial | 10 | | responsibility for the loss of or damage to any library
| 11 | | materials provided to non-residents under the contract;
| 12 | | 9. To join with the board or boards of any one or more | 13 | | libraries in
this State in maintaining libraries, or for | 14 | | the maintenance of a common
library or common library | 15 | | services for participants, upon such terms as may
be agreed | 16 | | upon by and between the boards;
| 17 | | 10. To enter into contracts and to take title to any | 18 | | property
acquired by it for library purposes by the name | 19 | | and style of "The Board
of Library Trustees of the (city, | 20 | | village, incorporated town or
township) of ...." and by | 21 | | that name to sue and be sued;
| 22 | | 11. To exclude from the use of the library any person | 23 | | who wilfully
violates the rules prescribed by the board;
| 24 | | 12. To extend the privileges and use of the library, | 25 | | including the
borrowing of materials on an individual basis | 26 | | by persons residing outside
of the city, incorporated town, |
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| 1 | | village or township. If the board exercises
this power, the | 2 | | privilege of library use shall be upon such terms
and | 3 | | conditions as the board shall from time to time by its | 4 | | regulations
prescribe, and for such privileges and use, the | 5 | | board shall charge a
nonresident fee at least equal to the | 6 | | cost paid by residents of the city,
incorporated town, | 7 | | village or township, with the cost to be determined
| 8 | | according to the formula established by the Illinois State | 9 | | Library.
A person residing outside of a public library | 10 | | service area must apply for a
non-resident library
card at | 11 | | the public library located closest to the person's | 12 | | principal
residence.
The
nonresident cards shall allow for | 13 | | borrowing privileges
at all participating public libraries | 14 | | in the regional library system. The
nonresident fee shall | 15 | | not apply to : privilege and use provided under the
terms of | 16 | | the library's membership in a library system operating | 17 | | under the
provisions of the Illinois Library System Act, | 18 | | under the terms of any
reciprocal agreement with a public | 19 | | or private corporation or entity
providing a library | 20 | | service ; , or to a nonresident who as an individual or as
a | 21 | | partner, principal stockholder, or other joint owner owns | 22 | | or leases
property that is taxed for library service or is | 23 | | a senior administrative officer of a firm, business, or
| 24 | | other corporation owning taxable property within the city, | 25 | | incorporated
town, village or township upon the | 26 | | presentation of the most recent tax bill
upon that taxable |
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| 1 | | property or a copy of the commercial lease of that taxable | 2 | | property ; or to a nonresident in an unincorporated area in | 3 | | Illinois who is a student and meets the poverty income | 4 | | guidelines . Nothing in this item 12 requires any public | 5 | | library to
participate in the
non-resident card
reciprocal | 6 | | borrowing program of a regional library system as provided | 7 | | for in
this Section ;
| 8 | | 13. To exercise the power of eminent domain subject to | 9 | | the prior
approval of the corporate authorities under | 10 | | Sections 5-1 and 5-2 of this Act;
| 11 | | 14. To join the public library as a member and to join | 12 | | the library
trustees as members in the Illinois Library | 13 | | Association
and the American Library Association, | 14 | | non-profit, non-political, 501(c)(3)
associations, as | 15 | | designated by the federal Internal Revenue Service, having
| 16 | | the purpose of library development and librarianship; to | 17 | | provide for the
payment of annual membership dues, fees and | 18 | | assessments and act by, through
and in the name of such | 19 | | instrumentality by providing and disseminating
information | 20 | | and research services, employing personnel and doing any | 21 | | and
all other acts for the purpose of improving library | 22 | | development;
| 23 | | 15. To invest funds pursuant to the Public Funds | 24 | | Investment Act; and
| 25 | | 16. To accumulate and set apart as reserve funds | 26 | | portions of the
unexpended balances of the proceeds |
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| 1 | | received annually from taxes or other
sources, for the | 2 | | purpose of providing self-insurance against liabilities
| 3 | | relating to the public library.
| 4 | | (Source: P.A. 100-875, eff. 8-14-18.)
| 5 | | Section 10. The Public Library District Act of 1991 is | 6 | | amended by changing Section 30-55.60 as follows:
| 7 | | (75 ILCS 16/30-55.60)
| 8 | | Sec. 30-55.60. Use of library by nonresidents. The board | 9 | | may extend the privileges and use
of the library, including the
| 10 | | borrowing of materials on an individual basis by persons
| 11 | | residing outside the district. If the board exercises this | 12 | | power,
the privilege of library use shall be upon terms and | 13 | | conditions
prescribed by the
board in its regulations. The | 14 | | board shall charge a
nonresident
fee for the privileges and use | 15 | | of the library at least equal to the
cost paid by residents of | 16 | | the district, with the
cost to be determined according to the | 17 | | formula established by the Illinois
State Library.
A person | 18 | | residing outside of a public library service area must apply | 19 | | for a
non-resident library
card at the public library closest | 20 | | to the person's principal residence.
The nonresident cards | 21 | | shall allow for borrowing privileges
at all participating | 22 | | public libraries in the regional library system. The | 23 | | nonresident fee shall
not
apply to
any of the following:
| 24 | | (1) Privileges and use provided (i) under the terms
of |
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| 1 | | 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.
| 6 | | (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.
| 9 | | (3) A nonresident who, as an individual
or as a | 10 | | partner, principal stockholder, or other joint owner, owns | 11 | | or leases
property that is taxed for library service or is | 12 | | a senior administrative officer of a firm, business, or
| 13 | | other corporation owning taxable property within the | 14 | | district, upon
presentation of the most recent tax bill | 15 | | upon that taxable property or a copy of the commercial | 16 | | lease of that taxable property. | 17 | | (4) A nonresident in an unincorporated area in Illinois | 18 | | who is a student and meets the poverty income guidelines.
| 19 | | Nothing in this Section requires any public library to | 20 | | participate in the
non-resident card
reciprocal borrowing | 21 | | program of a regional library system as provided for in
this | 22 | | Section.
| 23 | | (Source: P.A. 100-875, eff. 8-14-18.)
| 24 | | Section 90. The State Mandates Act is amended by adding | 25 | | Section 8.44 as follows: |
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| 1 | | (30 ILCS 805/8.44 new) | 2 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 | | of this Act, no reimbursement by the State is required for the | 4 | | implementation of any mandate created by this amendatory Act of | 5 | | the 101st General Assembly.
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