97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3169

 

Introduced 2/1/2012, by Sen. Sue Rezin

 

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

    Amends the Illinois Local Library Act. Requires each board of library trustees to extend the privileges and use of the library for persons residing at a homeless, emergency, temporary, or other shelter within the library's public service area. Provides that a library shall make reasonable accommodations for persons living in a shelter who do not have a form of identification, but who can verify residency at the shelter. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 library
11service and, in addition to but without limiting other powers
12conferred 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. A person residing outside of a public library
7    service area must apply for a non-resident library card at
8    the public library located closest to the person's
9    principal residence. The nonresident cards shall allow for
10    borrowing privileges at all participating public libraries
11    in the regional library system. The nonresident fee shall
12    not apply to privilege and use provided under the terms of
13    the library's membership in a library system operating
14    under the provisions of the Illinois Library System Act,
15    under the terms of any reciprocal agreement with a public
16    or private corporation or entity providing a library
17    service, or to a nonresident who as an individual or as a
18    partner, principal stockholder, or other joint owner owns
19    taxable property or is a senior administrative officer of a
20    firm, business, or other corporation owning taxable
21    property within the city, incorporated town, village or
22    township upon the presentation of the most recent tax bill
23    upon that taxable property, provided that the privilege and
24    use of the library is extended to only one such nonresident
25    for each parcel of such taxable property. Nothing in this
26    item 12 requires any public library to participate in the

 

 

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1    non-resident card reciprocal borrowing program of a
2    regional library system as provided for in this Section;
3        13. To exercise the power of eminent domain subject to
4    the prior approval of the corporate authorities under
5    Sections 5-1 and 5-2 of this Act;
6        14. To join the public library as a member and to join
7    the library trustees as members in the Illinois Library
8    Association and the American Library Association,
9    non-profit, non-political, 501(c)(3) associations, as
10    designated by the federal Internal Revenue Service, having
11    the purpose of library development and librarianship; to
12    provide for the payment of annual membership dues, fees and
13    assessments and act by, through and in the name of such
14    instrumentality by providing and disseminating information
15    and research services, employing personnel and doing any
16    and all other acts for the purpose of improving library
17    development;
18        15. To invest funds pursuant to the Public Funds
19    Investment Act;
20        16. To accumulate and set apart as reserve funds
21    portions of the unexpended balances of the proceeds
22    received annually from taxes or other sources, for the
23    purpose of providing self-insurance against liabilities
24    relating to the public library.
25    Each board shall extend the privileges and use of the
26library on an individual basis, including the borrowing of

 

 

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1materials, for persons residing at a homeless, emergency,
2temporary, or other shelter within the library's public service
3area. A library shall make reasonable accommodations for
4persons staying at a homeless, emergency, temporary, or other
5shelter who do not have a form of identification, but who can
6verify residency at the homeless, emergency, temporary, or
7other shelter within the library's public service area.
8(Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.