Public Act 100-0875
 
SB2488 EnrolledLRB100 15711 AWJ 30816 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Local Library Act is amended  by 
changing Section 4-7 as follows:
 



    (75 ILCS 5/4-7)  (from Ch. 81, par. 4-7)



    Sec. 4-7. 
Each board of library trustees of a city, 
incorporated
town, village or township shall carry out the 
spirit and intent of this
Act in establishing, supporting and 
maintaining a public library or
libraries for providing library 
service and, in addition to but without
limiting other powers 
conferred by this Act, shall have the following powers:


        1. To make and adopt such bylaws, rules and 
    regulations, for their
own guidance and for the government 
    of the library as may be expedient,
not inconsistent with 
    this Act;


        2. To have the exclusive control of the expenditure of 
    all moneys
collected for the library and deposited to the 
    credit of the library
fund;


        3. To have the exclusive control of the construction of 
    any library
building and of the supervision, care and 
    custody of the grounds, rooms
or buildings constructed, 
    leased or set apart for that purpose;


        4. To purchase or lease real or personal property, and 
    to construct
an appropriate building or buildings for the 
    use of a library
established hereunder, using, at the 
    board's option, contracts providing
for all or part of the 
    consideration to be paid through installments at
stated 
    intervals during a certain period not to exceed 20 years 
    with
interest on the unpaid balance at any lawful rate for 
    municipal
corporations in this State, except that 
    contracts for installment
purchases of real estate shall 
    provide for not more than 75% of the
total consideration to 
    be repaid by installments, and to refund at any
time any 
    installment contract entered into pursuant to this 
    paragraph by
means of a refunding loan agreement, which may 
    provide for installment payments
of principal and interest 
    to be made at stated intervals during a certain
period not 
    to exceed 20 years from the date of such refunding loan 
    agreement,
with interest on the unpaid principal balance at 
    any lawful rate for municipal
corporations in this State, 
    except that no installment contract or refunding
loan 
    agreement for the same property or construction project may 
    exceed
an aggregate of 20 years;


        5. To remodel or reconstruct a building erected or 
    purchased by the
board, when such building is not adapted 
    to its purposes or needs;


        6. To sell or otherwise dispose of any real or personal 
    property
that it deems no longer necessary or useful for 
    library purposes, and to
lease to others any real property 
    not immediately useful but for which
plans for ultimate use 
    have been or will be adopted but the corporate
authorities 
    shall have the first right to purchase or lease except that

    in the case of the City of Chicago, this power shall be 
    governed and
limited by the Chicago Public Library Act;


        7. To appoint and to fix the compensation of a 
    qualified librarian, who
shall have the authority to hire 
    such other employees as may be necessary,
to fix their 
    compensation, and to remove such appointees, subject to the

    approval of the board, but these powers are subject to

    Division 1 of Article 10 of the Illinois Municipal Code in

    municipalities in which that Division is in force.  The 
    board may also
retain counsel and professional consultants 
    as needed;


        8. To contract with any public or private corporation 
    or entity for
the purpose of providing or receiving library 
    service or of performing any
and all other acts necessary 
    and proper to carry out the responsibilities,
the spirit, 
    and the provisions of this Act.  This contractual power

    includes, but is not limited to, participating in 
    interstate library
compacts and library systems, 
    contracting to supply library services, and
expending of 
    any federal or State funds made available to any county,

    municipality, township or to the State of Illinois for 
    library purposes.
However, if a contract is for the supply 
    of library services for residents
without a public library 
    established under the provisions of this Act, the
terms of 
    that contract will recognize the principle of equity or 
    cost of
services to non-residents expressed in this Section 
    of this Act, and will
provide for the assumption by the 
    contracting party receiving the services
of financial 
    responsibility for the loss of or damage to any library

    materials provided to non-residents under the contract;


        9. To join with the board or boards of any one or more 
    libraries in
this State in maintaining libraries, or for 
    the maintenance of a common
library or common library 
    services for participants, upon such terms as may
be agreed 
    upon by and between the boards;


        10. To enter into contracts and to take title to any 
    property
acquired by it for library purposes by the name 
    and style of "The Board
of Library Trustees of the (city, 
    village, incorporated town or
township) of ...." and by 
    that name to sue and be sued;


        11. To exclude from the use of the library any person 
    who wilfully
violates the rules prescribed by the board;


        12. To extend the privileges and use of the library, 
    including the
borrowing of materials on an individual basis 
    by persons residing outside
of the city, incorporated town, 
    village or township.  If the board exercises
this power, the 
    privilege of library use shall be upon such terms
and 
    conditions as the board shall from time to time by its 
    regulations
prescribe, and for such privileges and use, the 
    board shall charge a
nonresident fee at least equal to the 
    cost paid by residents of the city,
incorporated town, 
    village or township, with the cost to be determined

    according to the formula established by the Illinois State 
    Library.
A person residing outside of a public library 
    service area must apply for a
non-resident library
card at 
    the public library located closest to the person's 
    principal
residence.
 The
nonresident cards shall allow for 
    borrowing privileges
at all participating public libraries 
    in the regional library system.  The
nonresident fee shall 
    not apply to privilege and use provided under the
terms of 
    the library's membership in a library system operating 
    under the
provisions of the Illinois Library System Act, 
    under the terms of any
reciprocal agreement with a public 
    or private corporation or entity
providing a library 
    service, or to a nonresident who as an individual or as
a 
    partner, principal stockholder, or other joint owner owns 
    or leases taxable
property that is taxed for library 
    service  or is a senior administrative officer of a firm, 
    business, or
other corporation owning taxable property 
    within the city, incorporated
town, village or township 
    upon the presentation of the most recent tax bill
upon that 
    taxable property or a copy of the commercial lease of that 
    taxable property , provided that the privilege and use of 
    the
library is extended to only one such nonresident for 
    each parcel of such
taxable property. Nothing in this item 
    12 requires any public library to
participate in the

    non-resident card
reciprocal borrowing program of a 
    regional library system as provided for in
this Section;


        13. To exercise the power of eminent domain subject to 
    the prior
approval of the corporate authorities under 
    Sections 5-1 and 5-2 of this Act;


        14. To join the public library as a member and to join 
    the library
trustees as members in the Illinois Library 
    Association
and the American Library Association, 
    non-profit, non-political, 501(c)(3)
associations, as 
    designated by the federal Internal Revenue Service, having

    the purpose of library development and librarianship; to 
    provide for the
payment of annual membership dues, fees and 
    assessments and act by, through
and in the name of such 
    instrumentality by providing and disseminating
information 
    and research services, employing personnel and doing any 
    and
all other acts for the purpose of improving library 
    development;


        15. To invest funds pursuant to the Public Funds 
    Investment Act;


        16. To accumulate and set apart as reserve funds 
    portions of the
unexpended balances of the proceeds 
    received annually from taxes or other
sources, for the 
    purpose of providing self-insurance against liabilities

    relating to the public library.

(Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)

 
    Section 10. The Public Library District Act of 1991 is 
amended  by changing Section 30-55.60 as follows:
 



    (75 ILCS 16/30-55.60)



    Sec. 30-55.60. Use of library by nonresidents. The board 
may extend the privileges and use
of the library, including the

borrowing of materials on an individual basis by persons

residing outside the district.  If the board exercises this 
power,
the privilege of library use shall be upon terms and 
conditions
prescribed by the
board in its regulations.  The 
board shall charge a
nonresident
fee for the privileges and use 
of the library at least equal to the
cost paid by residents of 
the district, with the
cost to be determined according to the 
formula established by the Illinois
State Library.
A person 
residing outside of a public library service area must apply 
for a
non-resident library
card at the public library closest 
to the person's principal residence.
 The nonresident cards 
shall allow for borrowing privileges
at all participating 
public libraries in the regional library system.  The 
nonresident fee shall
not
apply to
any of the following:


        (1) Privileges and use provided (i) under the terms
of 
    the district's membership
in a library system
operating 
    under the provisions of the Illinois Library System Act or 
    (ii) under
the terms of any reciprocal agreement with a 
    public or private corporation
or entity providing a library 
    service.


        (2) Residents of an area in which the library is 
    conducting a program for
the purpose of encouraging the 
    inclusion of the area in the library district.


        (3) A nonresident who, as an individual
or as a 
    partner, principal stockholder, or other joint owner, owns 
    or leases taxable
property that is taxed for library 
    service or is a senior administrative officer of a firm, 
    business, or
other corporation owning taxable property 
    within the district, upon
presentation of the most recent 
    tax bill upon that taxable property or a copy of the 
    commercial lease of that taxable property ,
provided that 
    the privileges and use of the library is
extended to only 
    one
such nonresident for each parcel of taxable
property.

    Nothing in this Section requires any public library to 
participate in the
non-resident card
reciprocal borrowing 
program of a regional library system as provided for in
this 
Section.

(Source: P.A. 92-166, eff. 1-1-02.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.