Public Act 102-0843
 
SB3497 EnrolledLRB102 24556 AWJ 33790 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; to a 
    nonresident who as an individual or as
a partner, 
    principal stockholder, or other joint owner owns or leases

    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; or to a nonresident in an unincorporated area in 
    Illinois who is a student whose household falls at or 
    below the U.S. Department of Agriculture's Income 
    Eligibility Guidelines. The board may adopt regulations 
    waiving the nonresident fee for persons under the age of 
    18;

        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; and 

        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. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)

 
    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
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.
        (4) A nonresident in an unincorporated area in 
    Illinois who is a student whose household falls at or 
    below the U.S. Department of Agriculture's Income 
    Eligibility Guidelines. 


    The board may adopt regulations waiving the nonresident 
fee for persons under the age of 18. 
(Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)

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