Rep. Robert W. Churchill
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 6401
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2 | AMENDMENT NO. ______. Amend House Bill 6401 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning libraries."; and | ||||||
5 | by inserting everything after the enacting clause with the | ||||||
6 | following: | ||||||
7 | "Section 5. The Illinois Local Library Act is amended by | ||||||
8 | changing Section 4-7 as follows:
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9 | (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
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10 | Sec. 4-7. Each board of library trustees of a city, | ||||||
11 | incorporated
town, village or township shall carry out the | ||||||
12 | spirit and intent of this
Act in establishing, supporting and | ||||||
13 | maintaining a public library or
libraries for providing library | ||||||
14 | service and, in addition to but without
limiting other powers | ||||||
15 | conferred by this Act, shall have the following powers:
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16 | 1. To make and adopt such bylaws, rules and | ||||||
17 | regulations, for their
own guidance and for the government | ||||||
18 | of the library as may be expedient,
not inconsistent with | ||||||
19 | this Act;
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20 | 2. To have the exclusive control of the expenditure of | ||||||
21 | all moneys
collected for the library and deposited to the | ||||||
22 | credit of the library
fund;
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23 | 3. To have the exclusive control of the construction of |
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1 | any library
building and of the supervision, care and | ||||||
2 | custody of the grounds, rooms
or buildings constructed, | ||||||
3 | leased or set apart for that purpose;
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4 | 4. To purchase or lease real or personal property, and | ||||||
5 | to construct
an appropriate building or buildings for the | ||||||
6 | use of a library
established hereunder, using, at the | ||||||
7 | board's option, contracts providing
for all or part of the | ||||||
8 | consideration to be paid through installments at
stated | ||||||
9 | intervals during a certain period not to exceed 20 years | ||||||
10 | with
interest on the unpaid balance at any lawful rate for | ||||||
11 | municipal
corporations in this State, except that | ||||||
12 | contracts for installment
purchases of real estate shall | ||||||
13 | provide for not more than 75% of the
total consideration to | ||||||
14 | be repaid by installments, and to refund at any
time any | ||||||
15 | installment contract entered into pursuant to this | ||||||
16 | paragraph by
means of a refunding loan agreement, which may | ||||||
17 | provide for installment payments
of principal and interest | ||||||
18 | to be made at stated intervals during a certain
period not | ||||||
19 | to exceed 20 years from the date of such refunding loan | ||||||
20 | agreement,
with interest on the unpaid principal balance at | ||||||
21 | any lawful rate for municipal
corporations in this State, | ||||||
22 | except that no installment contract or refunding
loan | ||||||
23 | agreement for the same property or construction project may | ||||||
24 | exceed
an aggregate of 20 years;
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25 | 5. To remodel or reconstruct a building erected or | ||||||
26 | purchased by the
board, when such building is not adapted | ||||||
27 | to its purposes or needs;
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28 | 6. To sell or otherwise dispose of any real or personal | ||||||
29 | property
that it deems no longer necessary or useful for | ||||||
30 | library purposes, and to
lease to others any real property | ||||||
31 | not immediately useful but for which
plans for ultimate use | ||||||
32 | have been or will be adopted but the corporate
authorities | ||||||
33 | shall have the first right to purchase or lease except that
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34 | in the case of the City of Chicago, this power shall be |
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1 | governed and
limited by the Chicago Public Library Act;
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2 | 7. To appoint and to fix the compensation of a | ||||||
3 | qualified librarian, who
shall have the authority to hire | ||||||
4 | such other employees as may be necessary,
to fix their | ||||||
5 | compensation, and to remove such appointees, subject to the
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6 | approval of the board, but these powers are subject to
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7 | Division 1 of Article 10 of the Illinois Municipal Code in
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8 | municipalities in which that Division is in force. The | ||||||
9 | board may also
retain counsel and professional consultants | ||||||
10 | as needed;
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11 | 8. To contract with any public or private corporation | ||||||
12 | or entity for
the purpose of providing or receiving library | ||||||
13 | service or of performing any
and all other acts necessary | ||||||
14 | and proper to carry out the responsibilities,
the spirit, | ||||||
15 | and the provisions of this Act. This contractual power
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16 | includes, but is not limited to, participating in | ||||||
17 | interstate library
compacts and library systems, | ||||||
18 | contracting to supply library services, and
expending of | ||||||
19 | any federal or State funds made available to any county,
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20 | municipality, township or to the State of Illinois for | ||||||
21 | library purposes.
However, if a contract is for the supply | ||||||
22 | of library services for residents
without a public library | ||||||
23 | established under the provisions of this Act, the
terms of | ||||||
24 | that contract will recognize the principle of equity or | ||||||
25 | cost of
services to non-residents expressed in this Section | ||||||
26 | of this Act, and will
provide for the assumption by the | ||||||
27 | contracting party receiving the services
of financial | ||||||
28 | responsibility for the loss of or damage to any library
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29 | materials provided to non-residents under the contract;
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30 | 9. To join with the board or boards of any one or more | ||||||
31 | libraries in
this State in maintaining libraries, or for | ||||||
32 | the maintenance of a common
library or common library | ||||||
33 | services for participants, upon such terms as may
be agreed | ||||||
34 | upon by and between the boards;
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1 | 10. To enter into contracts and to take title to any | ||||||
2 | property
acquired by it for library purposes by the name | ||||||
3 | and style of "The Board
of Library Trustees of the (city, | ||||||
4 | village, incorporated town or
township) of ...." and by | ||||||
5 | that name to sue and be sued;
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6 | 11. To exclude from the use of the library any person | ||||||
7 | who wilfully
violates the rules prescribed by the board;
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8 | 12. To extend the privileges and use of the library, | ||||||
9 | including the
borrowing of materials on an individual basis | ||||||
10 | by persons residing outside
of the city, incorporated town, | ||||||
11 | village or township. If the board exercises
this power, the | ||||||
12 | privilege of library use shall be upon such terms
and | ||||||
13 | conditions as the board shall from time to time by its | ||||||
14 | regulations
prescribe, and for such privileges and use, the | ||||||
15 | board shall charge a
nonresident fee at least equal to the | ||||||
16 | cost paid by residents of the city,
incorporated town, | ||||||
17 | village or township, with the cost to be determined
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18 | according to the formula established by the Illinois State | ||||||
19 | Library.
A person residing outside of a public library | ||||||
20 | service area must apply for a
non-resident library
card at | ||||||
21 | the public library located closest to the person's | ||||||
22 | principal
residence.
The
nonresident cards shall allow for | ||||||
23 | borrowing privileges
at all participating public libraries | ||||||
24 | in the regional library system. The
nonresident fee shall | ||||||
25 | not apply to privilege and use provided under the
terms of | ||||||
26 | the library's membership in a library system operating | ||||||
27 | under the
provisions of the Illinois Library System Act, | ||||||
28 | under the terms of any
reciprocal agreement with a public | ||||||
29 | or private corporation or entity
providing a library | ||||||
30 | service, or to a nonresident who as an individual or as
a | ||||||
31 | partner, principal stockholder, or other joint owner owns | ||||||
32 | taxable
property or is a senior administrative officer of a | ||||||
33 | firm, business, or
other corporation owning taxable | ||||||
34 | property within the city, incorporated
town, village or |
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1 | township upon the presentation of the most recent tax bill
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2 | upon that taxable property, provided that the privilege and | ||||||
3 | use of the
library is extended to only one such nonresident | ||||||
4 | for each parcel of such
taxable property. Nothing in this | ||||||
5 | item 12 requires any public library to
participate in the
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6 | non-resident card
reciprocal borrowing program of a | ||||||
7 | regional library system as provided for in
this Section;
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8 | 12.5. To extend the privileges and use of the library, | ||||||
9 | including the borrowing of materials on an individual basis | ||||||
10 | by children in kindergarten through 12th grade who reside | ||||||
11 | outside of the city, incorporated town, village, or | ||||||
12 | township. If the board exercises this power, the privilege | ||||||
13 | of library use shall be upon the terms and conditions | ||||||
14 | prescribed from time to time by the board, and the board | ||||||
15 | may charge an annual fee determined by the board, but no | ||||||
16 | greater than the fee for a non-resident card. The fee may | ||||||
17 | be based on a sliding-scale. Fees may waived in appropriate | ||||||
18 | circumstances determined by the board. The non-resident | ||||||
19 | card issued under this paragraph shall allow for borrowing | ||||||
20 | privileges at all participating public libraries in the | ||||||
21 | State of Illinois. Privileges and use of the library | ||||||
22 | extended under this item shall be extended only to the | ||||||
23 | child and not to any other members of the child's family. | ||||||
24 | Nothing in this item 12.5 requires any public library to | ||||||
25 | participate in the non-resident reciprocal borrowing | ||||||
26 | program of a regional library system as provided for in | ||||||
27 | this Section;
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28 | 13. To exercise the power of eminent domain subject to | ||||||
29 | the prior
approval of the corporate authorities under | ||||||
30 | Sections 5-1 and 5-2 of this Act;
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31 | 14. To join the public library as a member and to join | ||||||
32 | the library
trustees as members in the Illinois Library | ||||||
33 | Association
and the American Library Association, | ||||||
34 | non-profit, non-political, 501(c)(3)
associations, as |
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1 | designated by the federal Internal Revenue Service, having
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2 | the purpose of library development and librarianship; to | ||||||
3 | provide for the
payment of annual membership dues, fees and | ||||||
4 | assessments and act by, through
and in the name of such | ||||||
5 | instrumentality by providing and disseminating
information | ||||||
6 | and research services, employing personnel and doing any | ||||||
7 | and
all other acts for the purpose of improving library | ||||||
8 | development;
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9 | 15. To invest funds pursuant to the Public Funds | ||||||
10 | Investment Act;
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11 | 16. To accumulate and set apart as reserve funds | ||||||
12 | portions of the
unexpended balances of the proceeds | ||||||
13 | received annually from taxes or other
sources, for the | ||||||
14 | purpose of providing self-insurance against liabilities
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15 | relating to the public library.
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16 | (Source: P.A. 91-357, eff. 7-29-99; 92-166, eff. 1-1-02.)
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17 | Section 10. The Public Library District Act of 1991 is | ||||||
18 | amended by changing Section 30-55.60 as follows:
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19 | (75 ILCS 16/30-55.60)
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20 | Sec. 30-55.60. Use of library by nonresidents.
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21 | (a) The board may extend the privileges and use
of the | ||||||
22 | library, including the
borrowing of materials on an individual | ||||||
23 | basis by persons
residing outside the district. If the board | ||||||
24 | exercises this power,
the privilege of library use shall be | ||||||
25 | upon terms and conditions
prescribed by the
board in its | ||||||
26 | regulations. The board shall charge a
nonresident
fee for the | ||||||
27 | privileges and use of the library at least equal to the
cost | ||||||
28 | paid by residents of the district, with the
cost to be | ||||||
29 | determined according to the formula established by the Illinois
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30 | State Library.
A person residing outside of a public library | ||||||
31 | service area must apply for a
non-resident library
card at the | ||||||
32 | public library closest to the person's principal residence.
The |
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1 | nonresident cards shall allow for borrowing privileges
at all | ||||||
2 | participating public libraries in the regional library system. | ||||||
3 | The nonresident fee shall
not
apply to
any of the following:
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4 | (1) Privileges and use provided (i) under the terms
of | ||||||
5 | the district's membership
in a library system
operating | ||||||
6 | under the provisions of the Illinois Library System Act or | ||||||
7 | (ii) under
the terms of any reciprocal agreement with a | ||||||
8 | public or private corporation
or entity providing a library | ||||||
9 | service.
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10 | (2) Residents of an area in which the library is | ||||||
11 | conducting a program for
the purpose of encouraging the | ||||||
12 | inclusion of the area in the library district.
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13 | (3) A nonresident who, as an individual
or as a | ||||||
14 | partner, principal stockholder, or other joint owner, owns | ||||||
15 | taxable
property or is a senior administrative officer of a | ||||||
16 | firm, business, or
other corporation owning taxable | ||||||
17 | property within the district, upon
presentation of the most | ||||||
18 | recent tax bill upon that taxable property,
provided that | ||||||
19 | the privileges and use of the library is
extended to only | ||||||
20 | one
such nonresident for each parcel of taxable
property.
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21 | (b) The Board may extend the privileges and use of the | ||||||
22 | library, including the borrowing of materials on an individual | ||||||
23 | basis by children in kindergarten through 12th grade who reside | ||||||
24 | outside of the district. If the board exercises this power, the | ||||||
25 | privilege of library use shall be upon the terms and conditions | ||||||
26 | prescribed from time to time by the board, and the board may | ||||||
27 | charge an annual fee determined by the board, but no more than | ||||||
28 | the fee for a non-resident card. The fee may be based on a | ||||||
29 | sliding-scale. Fees may waived in appropriate circumstances | ||||||
30 | determined by the board. The non-resident card issued under | ||||||
31 | this paragraph shall allow for borrowing privileges at all | ||||||
32 | participating public libraries in the State of Illinois. | ||||||
33 | Privileges and use of the library extended under this | ||||||
34 | subsection shall be extended only to the child and not to any |
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1 | other members of the child's family.
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2 | (c) Nothing in this Section requires any public library to | ||||||
3 | participate in the
non-resident card
reciprocal borrowing | ||||||
4 | program of a regional library system as provided for in
this | ||||||
5 | Section.
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6 | (Source: P.A. 92-166, eff. 1-1-02.)".
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