Sen. Sue Rezin

Filed: 2/28/2012

 

 


 

 


 
09700SB3169sam002LRB097 19679 KMW 66534 a

1
AMENDMENT TO SENATE BILL 3169

2    AMENDMENT NO. ______. Amend Senate Bill 3169 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

09700SB3169sam002- 2 -LRB097 19679 KMW 66534 a

1        2. To have the exclusive control of the expenditure of
2    all moneys collected for the library and deposited to the
3    credit of the library fund;
4        3. To have the exclusive control of the construction of
5    any library building and of the supervision, care and
6    custody of the grounds, rooms or buildings constructed,
7    leased or set apart for that purpose;
8        4. To purchase or lease real or personal property, and
9    to construct an appropriate building or buildings for the
10    use of a library established hereunder, using, at the
11    board's option, contracts providing for all or part of the
12    consideration to be paid through installments at stated
13    intervals during a certain period not to exceed 20 years
14    with interest on the unpaid balance at any lawful rate for
15    municipal corporations in this State, except that
16    contracts for installment purchases of real estate shall
17    provide for not more than 75% of the total consideration to
18    be repaid by installments, and to refund at any time any
19    installment contract entered into pursuant to this
20    paragraph by means of a refunding loan agreement, which may
21    provide for installment payments of principal and interest
22    to be made at stated intervals during a certain period not
23    to exceed 20 years from the date of such refunding loan
24    agreement, with interest on the unpaid principal balance at
25    any lawful rate for municipal corporations in this State,
26    except that no installment contract or refunding loan

 

 

09700SB3169sam002- 3 -LRB097 19679 KMW 66534 a

1    agreement for the same property or construction project may
2    exceed an aggregate of 20 years;
3        5. To remodel or reconstruct a building erected or
4    purchased by the board, when such building is not adapted
5    to its purposes or needs;
6        6. To sell or otherwise dispose of any real or personal
7    property that it deems no longer necessary or useful for
8    library purposes, and to lease to others any real property
9    not immediately useful but for which plans for ultimate use
10    have been or will be adopted but the corporate authorities
11    shall have the first right to purchase or lease except that
12    in the case of the City of Chicago, this power shall be
13    governed and limited by the Chicago Public Library Act;
14        7. To appoint and to fix the compensation of a
15    qualified librarian, who shall have the authority to hire
16    such other employees as may be necessary, to fix their
17    compensation, and to remove such appointees, subject to the
18    approval of the board, but these powers are subject to
19    Division 1 of Article 10 of the Illinois Municipal Code in
20    municipalities in which that Division is in force. The
21    board may also retain counsel and professional consultants
22    as needed;
23        8. To contract with any public or private corporation
24    or entity for the purpose of providing or receiving library
25    service or of performing any and all other acts necessary
26    and proper to carry out the responsibilities, the spirit,

 

 

09700SB3169sam002- 4 -LRB097 19679 KMW 66534 a

1    and the provisions of this Act. This contractual power
2    includes, but is not limited to, participating in
3    interstate library compacts and library systems,
4    contracting to supply library services, and expending of
5    any federal or State funds made available to any county,
6    municipality, township or to the State of Illinois for
7    library purposes. However, if a contract is for the supply
8    of library services for residents without a public library
9    established under the provisions of this Act, the terms of
10    that contract will recognize the principle of equity or
11    cost of services to non-residents expressed in this Section
12    of this Act, and will provide for the assumption by the
13    contracting party receiving the services of financial
14    responsibility for the loss of or damage to any library
15    materials provided to non-residents under the contract;
16        9. To join with the board or boards of any one or more
17    libraries in this State in maintaining libraries, or for
18    the maintenance of a common library or common library
19    services for participants, upon such terms as may be agreed
20    upon by and between the boards;
21        10. To enter into contracts and to take title to any
22    property acquired by it for library purposes by the name
23    and style of "The Board of Library Trustees of the (city,
24    village, incorporated town or township) of ...." and by
25    that name to sue and be sued;
26        11. To exclude from the use of the library any person

 

 

09700SB3169sam002- 5 -LRB097 19679 KMW 66534 a

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

 

 

09700SB3169sam002- 6 -LRB097 19679 KMW 66534 a

1    firm, business, or other corporation owning taxable
2    property within the city, incorporated town, village or
3    township upon the presentation of the most recent tax bill
4    upon that taxable property, provided that the privilege and
5    use of the library is extended to only one such nonresident
6    for each parcel of such taxable property. Nothing in this
7    item 12 requires any public library to participate in the
8    non-resident card reciprocal borrowing program of a
9    regional library system as provided for in this Section;
10        13. To exercise the power of eminent domain subject to
11    the prior approval of the corporate authorities under
12    Sections 5-1 and 5-2 of this Act;
13        14. To join the public library as a member and to join
14    the library trustees as members in the Illinois Library
15    Association and the American Library Association,
16    non-profit, non-political, 501(c)(3) associations, as
17    designated by the federal Internal Revenue Service, having
18    the purpose of library development and librarianship; to
19    provide for the payment of annual membership dues, fees and
20    assessments and act by, through and in the name of such
21    instrumentality by providing and disseminating information
22    and research services, employing personnel and doing any
23    and all other acts for the purpose of improving library
24    development;
25        15. To invest funds pursuant to the Public Funds
26    Investment Act;

 

 

09700SB3169sam002- 7 -LRB097 19679 KMW 66534 a

1        16. To accumulate and set apart as reserve funds
2    portions of the unexpended balances of the proceeds
3    received annually from taxes or other sources, for the
4    purpose of providing self-insurance against liabilities
5    relating to the public library.
6    Each board shall enact a policy regarding the privileges
7and use of the library on an individual basis, including the
8borrowing of materials, for persons residing at a homeless,
9emergency, temporary, or other shelter within the library's
10public service area. A library shall make reasonable
11accommodations for persons staying at a homeless, emergency,
12temporary, or other shelter who do not have the usual form of
13identification, but who can verify residency at the homeless,
14emergency, temporary, or other shelter within the library's
15public service area.
16(Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
 
17    Section 10. The Public Library District Act of 1991 is
18amended by adding Section 30-55.7 as follows:
 
19    (75 ILCS 16/30-55.7 new)
20    Sec. 30-55.7. Use of library privileges. Each board of a
21district shall enact a policy regarding the privileges and use
22of the library on an individual basis, including the borrowing
23of materials, for persons residing at a homeless, emergency,
24temporary, or other shelter within the district. A library

 

 

09700SB3169sam002- 8 -LRB097 19679 KMW 66534 a

1shall make reasonable accommodations for persons staying at a
2homeless, emergency, temporary, or other shelter who do not
3have the usual form of identification, but who can verify
4residency at the homeless, emergency, temporary, or other
5shelter within the district.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".