96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5467

 

Introduced 2/5/2010, by Rep. Elizabeth Coulson

 

SYNOPSIS AS INTRODUCED:
 
75 ILCS 5/4-7   from Ch. 81, par. 4-7
75 ILCS 16/30-55.60

    Amends the Illinois Local Library Act and the Public Library District Act. Provides that, if a nonresident fee is calculated based on the assessed valuation of the nonresident's principal residence, then that calculation must take into account any exemptions that apply to the residence under Article 15 of the Property Tax Code.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning libraries.
 
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. If the nonresident fee is calculated based on the
7     assessed valuation of the nonresident's principal
8     residence, that calculation must take into account any
9     exemptions that apply to the residence under Article 15 of
10     the Property Tax Code. A person residing outside of a
11     public library service area must apply for a non-resident
12     library card at the public library located closest to the
13     person's principal residence. The nonresident cards shall
14     allow for borrowing privileges at all participating public
15     libraries in the regional library system. The nonresident
16     fee shall not apply to privilege and use provided under the
17     terms of the library's membership in a library system
18     operating under the provisions of the Illinois Library
19     System Act, under the terms of any reciprocal agreement
20     with a public or private corporation or entity providing a
21     library service, or to a nonresident who as an individual
22     or as a partner, principal stockholder, or other joint
23     owner owns taxable property or is a senior administrative
24     officer of a firm, business, or other corporation owning
25     taxable property within the city, incorporated town,
26     village or township upon the presentation of the most

 

 

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1     recent tax bill upon that taxable property, provided that
2     the privilege and use of the library is extended to only
3     one such nonresident for each parcel of such taxable
4     property. 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;
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. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
 
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. If the
18 nonresident fee is calculated based on the assessed valuation
19 of the nonresident's principal residence, that calculation
20 must take into account any exemptions that apply to the
21 residence under Article 15 of the Property Tax Code. A person
22 residing outside of a public library service area must apply
23 for a non-resident library card at the public library closest
24 to the person's principal residence. The nonresident cards

 

 

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1 shall allow for borrowing privileges at all participating
2 public libraries in the regional library system. The
3 nonresident fee shall not apply to any of the following:
4         (1) Privileges and use provided (i) under the terms of
5     the district's membership in a library system operating
6     under the provisions of the Illinois Library System Act or
7     (ii) under the terms of any reciprocal agreement with a
8     public or private corporation or entity providing a library
9     service.
10         (2) Residents of an area in which the library is
11     conducting a program for the purpose of encouraging the
12     inclusion of the area in the library district.
13         (3) A nonresident who, as an individual or as a
14     partner, principal stockholder, or other joint owner, owns
15     taxable property or is a senior administrative officer of a
16     firm, business, or other corporation owning taxable
17     property within the district, upon presentation of the most
18     recent tax bill upon that taxable property, provided that
19     the privileges and use of the library is extended to only
20     one such nonresident for each parcel of taxable property.
21     Nothing in this Section requires any public library to
22 participate in the non-resident card reciprocal borrowing
23 program of a regional library system as provided for in this
24 Section.
25 (Source: P.A. 92-166, eff. 1-1-02.)