SB3497 EnrolledLRB102 24556 AWJ 33790 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Local Library Act is amended by
5changing 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,
8incorporated town, village or township shall carry out the
9spirit and intent of this Act in establishing, supporting and
10maintaining a public library or libraries for providing
11library service and, in addition to but without limiting other
12powers 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
21    of 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
11    to 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
14    may provide for installment payments of principal and
15    interest to be made at stated intervals during a certain
16    period not to exceed 20 years from the date of such
17    refunding loan agreement, with interest on the unpaid
18    principal balance at any lawful rate for municipal
19    corporations in this State, except that no installment
20    contract or refunding loan agreement for the same property
21    or construction project may exceed an aggregate of 20
22    years;
23        5. To remodel or reconstruct a building erected or
24    purchased by the board, when such building is not adapted
25    to its purposes or needs;
26        6. To sell or otherwise dispose of any real or

 

 

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1    personal property that it deems no longer necessary or
2    useful for library purposes, and to lease to others any
3    real property not immediately useful but for which plans
4    for ultimate use have been or will be adopted but the
5    corporate authorities shall have the first right to
6    purchase or lease except that in the case of the City of
7    Chicago, this power shall be governed and limited by the
8    Chicago Public Library Act;
9        7. To appoint and to fix the compensation of a
10    qualified librarian, who shall have the authority to hire
11    such other employees as may be necessary, to fix their
12    compensation, and to remove such appointees, subject to
13    the approval of the board, but these powers are subject to
14    Division 1 of Article 10 of the Illinois Municipal Code in
15    municipalities in which that Division is in force. The
16    board may also retain counsel and professional consultants
17    as needed;
18        8. To contract with any public or private corporation
19    or entity for the purpose of providing or receiving
20    library service or of performing any and all other acts
21    necessary and proper to carry out the responsibilities,
22    the spirit, and the provisions of this Act. This
23    contractual power includes, but is not limited to,
24    participating in interstate library compacts and library
25    systems, contracting to supply library services, and
26    expending of any federal or State funds made available to

 

 

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1    any county, municipality, township or to the State of
2    Illinois for library purposes. However, if a contract is
3    for the supply of library services for residents without a
4    public library established under the provisions of this
5    Act, the terms of that contract will recognize the
6    principle of equity or cost of services to non-residents
7    expressed in this Section of this Act, and will provide
8    for the assumption by the contracting party receiving the
9    services of financial responsibility for the loss of or
10    damage to any library materials provided to non-residents
11    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
16    agreed 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
26    basis by persons residing outside of the city,

 

 

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1    incorporated town, village or township. If the board
2    exercises this power, the privilege of library use shall
3    be upon such terms and conditions as the board shall from
4    time to time by its regulations prescribe, and for such
5    privileges and use, the board shall charge a nonresident
6    fee at least equal to the cost paid by residents of the
7    city, incorporated town, village or township, with the
8    cost to be determined according to the formula established
9    by the Illinois State Library. A person residing outside
10    of a public library service area must apply for a
11    non-resident library card at the public library located
12    closest to the person's principal residence. The
13    nonresident cards shall allow for borrowing privileges at
14    all participating public libraries in the regional library
15    system. The nonresident fee shall not apply to: privilege
16    and use provided under the terms of the library's
17    membership in a library system operating under the
18    provisions of the Illinois Library System Act, under the
19    terms of any reciprocal agreement with a public or private
20    corporation or entity providing a library service; to a
21    nonresident who as an individual or as a partner,
22    principal stockholder, or other joint owner owns or leases
23    property that is taxed for library service or is a senior
24    administrative officer of a firm, business, or other
25    corporation owning taxable property within the city,
26    incorporated town, village or township upon the

 

 

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1    presentation of the most recent tax bill upon that taxable
2    property or a copy of the commercial lease of that taxable
3    property; or to a nonresident in an unincorporated area in
4    Illinois who is a student whose household falls at or
5    below the U.S. Department of Agriculture's Income
6    Eligibility Guidelines. The board may adopt regulations
7    waiving the nonresident fee for persons under the age of
8    18;
9        13. To exercise the power of eminent domain subject to
10    the prior approval of the corporate authorities under
11    Sections 5-1 and 5-2 of this Act;
12        14. To join the public library as a member and to join
13    the library trustees as members in the Illinois Library
14    Association and the American Library Association,
15    non-profit, non-political, 501(c)(3) associations, as
16    designated by the federal Internal Revenue Service, having
17    the purpose of library development and librarianship; to
18    provide for the payment of annual membership dues, fees
19    and assessments and act by, through and in the name of such
20    instrumentality by providing and disseminating information
21    and research services, employing personnel and doing any
22    and all other acts for the purpose of improving library
23    development;
24        15. To invest funds pursuant to the Public Funds
25    Investment Act; and
26        16. To accumulate and set apart as reserve funds

 

 

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1    portions of the unexpended balances of the proceeds
2    received annually from taxes or other sources, for the
3    purpose of providing self-insurance against liabilities
4    relating to the public library.
5(Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
 
6    Section 10. The Public Library District Act of 1991 is
7amended by changing Section 30-55.60 as follows:
 
8    (75 ILCS 16/30-55.60)
9    Sec. 30-55.60. Use of library by nonresidents. The board
10may extend the privileges and use of the library, including
11the borrowing of materials on an individual basis by persons
12residing outside the district. If the board exercises this
13power, the privilege of library use shall be upon terms and
14conditions prescribed by the board in its regulations. The
15board shall charge a nonresident fee for the privileges and
16use of the library at least equal to the cost paid by residents
17of the district, with the cost to be determined according to
18the formula established by the Illinois State Library. A
19person residing outside of a public library service area must
20apply for a non-resident library card at the public library
21closest to the person's principal residence. The nonresident
22cards shall allow for borrowing privileges at all
23participating public libraries in the regional library system.
24The nonresident fee shall not apply to any of the following:

 

 

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1        (1) Privileges and use provided (i) under the terms of
2    the district's membership in a library system operating
3    under the provisions of the Illinois Library System Act or
4    (ii) under the terms of any reciprocal agreement with a
5    public or private corporation or entity providing a
6    library service.
7        (2) Residents of an area in which the library is
8    conducting a program for the purpose of encouraging the
9    inclusion of the area in the library district.
10        (3) A nonresident who, as an individual or as a
11    partner, principal stockholder, or other joint owner, owns
12    or leases property that is taxed for library service or is
13    a senior administrative officer of a firm, business, or
14    other corporation owning taxable property within the
15    district, upon presentation of the most recent tax bill
16    upon that taxable property or a copy of the commercial
17    lease of that taxable property.
18        (4) A nonresident in an unincorporated area in
19    Illinois who is a student whose household falls at or
20    below the U.S. Department of Agriculture's Income
21    Eligibility Guidelines.
22    The board may adopt regulations waiving the nonresident
23fee for persons under the age of 18.
24(Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.