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90_HB1047
75 ILCS 5/4-7 from Ch. 81, par. 4-7
Amends the Illinois Local Library Act. Provides that
each library is an independent unit of local government and
that a municipality is not a joint employer of the library's
personnel unless the municipality has adopted Division 1 of
Article 10 of the Illinois Municipal Code. Provides that
this amendatory Act only clarifies the existing provisions.
Effective immediately.
LRB9003829KDsb
LRB9003829KDsb
1 AN ACT to amend the Illinois Local Library Act by
2 changing Section 4-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Local Library Act is amended by
6 changing Section 4-7 as follows:
7 (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
8 Sec. 4-7. Powers and duties. Each library is a separate
9 unit of local government as defined by the Illinois
10 Constitution.
11 Each board of library trustees of a city, incorporated
12 town, village or township shall carry out the spirit and
13 intent of this Act in establishing, supporting and
14 maintaining a public library or libraries for providing
15 library service and, in addition to but without limiting
16 other powers conferred by this Act, shall have the following
17 powers:
18 1. To make and adopt such bylaws, rules and
19 regulations, for their own guidance and for the
20 government of the library as may be expedient, not
21 inconsistent with this Act;
22 2. To have the exclusive control of the expenditure
23 of all moneys collected for the library and deposited to
24 the credit of the library fund;
25 3. To have the exclusive control of the
26 construction of any library building and of the
27 supervision, care and custody of the grounds, rooms or
28 buildings constructed, leased or set apart for that
29 purpose;
30 4. To purchase or lease real or personal property,
31 and to construct an appropriate building or buildings for
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1 the use of a library established hereunder, using, at the
2 board's option, contracts providing for all or part of
3 the consideration to be paid through installments at
4 stated intervals during a certain period not to exceed 20
5 years with interest on the unpaid balance at any lawful
6 rate for municipal corporations in this State, except
7 that contracts for installment purchases of real estate
8 shall provide for not more than 75% of the total
9 consideration to be repaid by installments, and to refund
10 at any time any installment contract entered into
11 pursuant to this paragraph by means of a refunding loan
12 agreement, which may provide for installment payments of
13 principal and interest to be made at stated intervals
14 during a certain period not to exceed 20 years from the
15 date of such refunding loan agreement, with interest on
16 the unpaid principal balance at any lawful rate for
17 municipal corporations in this State, except that no
18 installment contract or refunding loan agreement for the
19 same property or construction project may exceed an
20 aggregate of 20 years;
21 5. To remodel or reconstruct a building erected or
22 purchased by the board, when such building is not adapted
23 to its purposes or needs;
24 6. To sell or otherwise dispose of any real or
25 personal property that it deems no longer necessary or
26 useful for library purposes, and to lease to others any
27 real property not immediately useful but for which plans
28 for ultimate use have been or will be adopted but the
29 corporate authorities shall have the first right to
30 purchase or lease except that in the case of the City of
31 Chicago, this power shall be governed and limited by "An
32 Act to authorize the Chicago public library to erect and
33 maintain a public library on Dearborn Park in the city of
34 Chicago, and to authorize the Soldiers' Home in Chicago
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1 to sell and dispose of its interest in the north
2 one-quarter of the said park", approved June 2, 1891, as
3 amended;
4 7. To appoint and to fix the compensation of a
5 qualified librarian, who shall have the authority to hire
6 such other employees as may be necessary, to fix their
7 compensation, and to remove such appointees, subject to
8 the approval of the board, but these powers are subject
9 to Division 1 of Article 10 of the Illinois Municipal
10 Code in municipalities in which that Division is in
11 force. The board may also retain counsel and
12 professional consultants as needed. No city, township,
13 incorporated town, or village where a local library is
14 located shall be treated as a joint employer of the
15 library's personnel except for municipalities in which
16 Division 1 of Article 10 of the Illinois Municipal Code
17 is in force;
18 8. To contract with any public or private
19 corporation or entity for the purpose of providing or
20 receiving library service or of performing any and all
21 other acts necessary and proper to carry out the
22 responsibilities, the spirit, and the provisions of this
23 Act. This contractual power includes, but is not limited
24 to, participating in interstate library compacts and
25 library systems, contracting to supply library services,
26 and expending of any federal or State funds made
27 available to any county, municipality, township or to the
28 State of Illinois for library purposes. However, if a
29 contract is for the supply of library services for
30 residents without a public library established under the
31 provisions of this Act, the terms of that contract will
32 recognize the principle of equity or cost of services to
33 non-residents expressed in this Section of this Act, and
34 will provide for the assumption by the contracting party
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1 receiving the services of financial responsibility for
2 the loss of or damage to any library materials provided
3 to non-residents under the contract;
4 9. To join with the board or boards of any one or
5 more libraries in this State in maintaining libraries, or
6 for the maintenance of a common library or common library
7 services for participants, upon such terms as may be
8 agreed upon by and between the boards;
9 10. To enter into contracts and to take title to
10 any property acquired by it for library purposes by the
11 name and style of "The Board of Library Trustees of the
12 (city, village, incorporated town or township) of ...."
13 and by that name to sue and be sued;
14 11. To exclude from the use of the library any
15 person who wilfully violates the rules prescribed by the
16 board;
17 12. To extend the privileges and use of the
18 library, including the borrowing of materials on an
19 individual basis by persons residing outside of the city,
20 incorporated town, village or township. If the board
21 exercises this power, the privilege of library use shall
22 be upon such terms and conditions as the board shall from
23 time to time by its regulations prescribe, and for such
24 privileges and use, the board shall charge a nonresident
25 fee at least equal to the cost paid by residents of the
26 city, incorporated town, village or township, with the
27 cost to be determined according to the formula
28 established by the Illinois State Library. The
29 nonresident cards shall allow for borrowing privileges
30 only at the library where the card was issued. The
31 nonresident fee shall not apply to privilege and use
32 provided under the terms of the library's membership in a
33 library system operating under the provisions of the
34 Illinois Library System Act, under the terms of any
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1 reciprocal agreement with a public or private corporation
2 or entity providing a library service, or to a
3 nonresident who as an individual or as a partner,
4 principal stockholder, or other joint owner owns taxable
5 property or is a senior administrative officer of a
6 firm, business, or other corporation owning taxable
7 property within the city, incorporated town, village or
8 township upon the presentation of the most recent tax
9 bill upon that taxable property, provided that the
10 privilege and use of the library is extended to only one
11 such nonresident for each parcel of such taxable
12 property;
13 13. To exercise the power of eminent domain subject
14 to the prior approval of the corporate authorities under
15 Sections 5-1 and 5-2 of this Act;
16 14. To join the public library as a member and to
17 join the library trustees as members in the Illinois
18 Library Association and the American Library Association,
19 non-profit, non-political, (501-C-3) associations, as
20 designated by the federal Internal Revenue Service,
21 having the purpose of library development and
22 librarianship; to provide for the payment of annual
23 membership dues, fees and assessments and act by, through
24 and in the name of such instrumentality by providing and
25 disseminating information and research services,
26 employing personnel and doing any and all other acts for
27 the purpose of improving library development;
28 15. To invest funds pursuant to "An Act relating to
29 certain investments of public funds by public agencies",
30 approved July 23, 1943, as amended;
31 16. To accumulate and set apart as reserve funds
32 portions of the unexpended balances of the proceeds
33 received annually from taxes or other sources, for the
34 purpose of providing self-insurance against liabilities
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1 relating to the public library.
2 This amendatory Act of 1997 is not intended to nor does
3 it make any change in the meaning of any provision in this
4 Section, but is intended to remove possible ambiguities and
5 to confirm the existing meaning of this Section in effect
6 before the effective date of this amendatory Act of 1997.
7 (Source: P.A. 88-253.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.