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Public Act 100-0875


 

Public Act 0875 100TH GENERAL ASSEMBLY

  
  
  

 


 
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.

Effective Date: 8/14/2018