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Public Act 102-0843


 

Public Act 0843 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0843
 
SB3497 EnrolledLRB102 24556 AWJ 33790 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; to a
    nonresident who as an individual or as a partner,
    principal stockholder, or other joint owner owns or leases
    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; or to a nonresident in an unincorporated area in
    Illinois who is a student whose household falls at or
    below the U.S. Department of Agriculture's Income
    Eligibility Guidelines. The board may adopt regulations
    waiving the nonresident fee for persons under the age of
    18;
        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; and
        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. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
 
    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 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.
        (4) A nonresident in an unincorporated area in
    Illinois who is a student whose household falls at or
    below the U.S. Department of Agriculture's Income
    Eligibility Guidelines.
    The board may adopt regulations waiving the nonresident
fee for persons under the age of 18.
(Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/13/2022