Full Text of SB3497 102nd General Assembly
SB3497 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3497 Introduced 1/19/2022, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: |
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75 ILCS 5/4-7 | from Ch. 81, par. 4-7 |
75 ILCS 16/30-55.60 |
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Amends the Illinois Local Library Act and Public Library District Act of 1991. Provides that a library board may adopt regulations waiving the nonresident fee for persons under the age of 18. Removes language in the Illinois Local Library Act providing that nothing in the Section requires a public library to participate in the non-resident card reciprocal borrowing program of a regional library system. Effective immediately.
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| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Local Library Act is amended by | 5 | | changing 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, | 8 | | incorporated
town, village or township shall carry out the | 9 | | spirit and intent of this
Act in establishing, supporting and | 10 | | maintaining a public library or
libraries for providing | 11 | | library service and, in addition to but without
limiting other | 12 | | powers conferred 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 | 21 | | of 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 | 11 | | to 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 | 14 | | may provide for installment payments
of principal and | 15 | | interest to be made at stated intervals during a certain
| 16 | | period not to exceed 20 years from the date of such | 17 | | refunding loan agreement,
with interest on the unpaid | 18 | | principal balance at any lawful rate for municipal
| 19 | | corporations in this State, except that no installment | 20 | | contract or refunding
loan agreement for the same property | 21 | | or construction project may exceed
an aggregate of 20 | 22 | | years;
| 23 | | 5. To remodel or reconstruct a building erected or | 24 | | purchased by the
board, when such building is not adapted | 25 | | to its purposes or needs;
| 26 | | 6. To sell or otherwise dispose of any real or |
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| 1 | | personal property
that it deems no longer necessary or | 2 | | useful for library purposes, and to
lease to others any | 3 | | real property not immediately useful but for which
plans | 4 | | for ultimate use have been or will be adopted but the | 5 | | corporate
authorities shall have the first right to | 6 | | purchase or lease except that
in the case of the City of | 7 | | Chicago, this power shall be governed and
limited by the | 8 | | Chicago Public Library Act;
| 9 | | 7. To appoint and to fix the compensation of a | 10 | | qualified librarian, who
shall have the authority to hire | 11 | | such other employees as may be necessary,
to fix their | 12 | | compensation, and to remove such appointees, subject to | 13 | | the
approval of the board, but these powers are subject to
| 14 | | Division 1 of Article 10 of the Illinois Municipal Code in
| 15 | | municipalities in which that Division is in force. The | 16 | | board may also
retain counsel and professional consultants | 17 | | as needed;
| 18 | | 8. To contract with any public or private corporation | 19 | | or entity for
the purpose of providing or receiving | 20 | | library service or of performing any
and all other acts | 21 | | necessary and proper to carry out the responsibilities,
| 22 | | the spirit, and the provisions of this Act. This | 23 | | contractual power
includes, but is not limited to, | 24 | | participating in interstate library
compacts and library | 25 | | systems, contracting to supply library services, and
| 26 | | expending of any federal or State funds made available to |
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| 1 | | any county,
municipality, township or to the State of | 2 | | Illinois for library purposes.
However, if a contract is | 3 | | for the supply of library services for residents
without a | 4 | | public library established under the provisions of this | 5 | | Act, the
terms of that contract will recognize the | 6 | | principle of equity or cost of
services to non-residents | 7 | | expressed in this Section of this Act, and will
provide | 8 | | for the assumption by the contracting party receiving the | 9 | | services
of financial responsibility for the loss of or | 10 | | damage to any library
materials provided to non-residents | 11 | | under the contract;
| 12 | | 9. To join with the board or boards of any one or more | 13 | | libraries in
this State in maintaining libraries, or for | 14 | | the maintenance of a common
library or common library | 15 | | services for participants, upon such terms as may
be | 16 | | agreed upon by and between the boards;
| 17 | | 10. To enter into contracts and to take title to any | 18 | | property
acquired by it for library purposes by the name | 19 | | and style of "The Board
of Library Trustees of the (city, | 20 | | village, incorporated town or
township) of ...." and by | 21 | | that name to sue and be sued;
| 22 | | 11. To exclude from the use of the library any person | 23 | | who wilfully
violates the rules prescribed by the board;
| 24 | | 12. To extend the privileges and use of the library, | 25 | | including the
borrowing of materials on an individual | 26 | | basis by persons residing outside
of the city, |
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| 1 | | incorporated town, village or township. If the board | 2 | | exercises
this power, the privilege of library use shall | 3 | | be upon such terms
and conditions as the board shall from | 4 | | time to time by its regulations
prescribe, and for such | 5 | | privileges and use, the board shall charge a
nonresident | 6 | | fee at least equal to the cost paid by residents of the | 7 | | city,
incorporated town, village or township, with the | 8 | | cost to be determined
according to the formula established | 9 | | by the Illinois State Library.
A person residing outside | 10 | | of a public library service area must apply for a
| 11 | | non-resident library
card at the public library located | 12 | | closest to the person's principal
residence.
The
| 13 | | nonresident cards shall allow for borrowing privileges
at | 14 | | all participating public libraries in the regional library | 15 | | system. The
nonresident fee shall not apply to: privilege | 16 | | and use provided under the
terms of the library's | 17 | | membership in a library system operating under the
| 18 | | provisions of the Illinois Library System Act, under the | 19 | | terms of any
reciprocal agreement with a public or private | 20 | | corporation or entity
providing a library service; to a | 21 | | nonresident who as an individual or as
a partner, | 22 | | principal stockholder, or other joint owner owns or leases
| 23 | | property that is taxed for library service or is a senior | 24 | | administrative officer of a firm, business, or
other | 25 | | corporation owning taxable property within the city, | 26 | | incorporated
town, village or township upon the |
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| 1 | | presentation of the most recent tax bill
upon that taxable | 2 | | property or a copy of the commercial lease of that taxable | 3 | | property . The board may adopt regulations waiving the | 4 | | nonresident fee for persons under the age of 18 ; or to a | 5 | | nonresident in an unincorporated area in Illinois who is a | 6 | | student whose household falls at or below the U.S. | 7 | | Department of Agriculture's Income Eligibility Guidelines;
| 8 | | 13. To exercise the power of eminent domain subject to | 9 | | the prior
approval of the corporate authorities under | 10 | | Sections 5-1 and 5-2 of this Act;
| 11 | | 14. To join the public library as a member and to join | 12 | | the library
trustees as members in the Illinois Library | 13 | | Association
and the American Library Association, | 14 | | non-profit, non-political, 501(c)(3)
associations, as | 15 | | designated by the federal Internal Revenue Service, having
| 16 | | the purpose of library development and librarianship; to | 17 | | provide for the
payment of annual membership dues, fees | 18 | | and assessments and act by, through
and in the name of such | 19 | | instrumentality by providing and disseminating
information | 20 | | and research services, employing personnel and doing any | 21 | | and
all other acts for the purpose of improving library | 22 | | development;
| 23 | | 15. To invest funds pursuant to the Public Funds | 24 | | Investment Act; and
| 25 | | 16. To accumulate and set apart as reserve funds | 26 | | portions of the
unexpended balances of the proceeds |
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| 1 | | received annually from taxes or other
sources, for the | 2 | | purpose of providing self-insurance against liabilities
| 3 | | relating to the public library.
| 4 | | (Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
| 5 | | Section 10. The Public Library District Act of 1991 is | 6 | | amended by changing Section 30-55.60 as follows:
| 7 | | (75 ILCS 16/30-55.60)
| 8 | | Sec. 30-55.60. Use of library by nonresidents. The board | 9 | | may extend the privileges and use
of the library, including | 10 | | the
borrowing of materials on an individual basis by persons
| 11 | | residing outside the district. If the board exercises this | 12 | | power,
the privilege of library use shall be upon terms and | 13 | | conditions
prescribed by the
board in its regulations. The | 14 | | board shall charge a
nonresident
fee for the privileges and | 15 | | use of the library at least equal to the
cost paid by residents | 16 | | of the district, with the
cost to be determined according to | 17 | | the formula established by the Illinois
State Library.
A | 18 | | person residing outside of a public library service area must | 19 | | apply for a
non-resident library
card at the public library | 20 | | closest to the person's principal residence.
The nonresident | 21 | | cards shall allow for borrowing privileges
at all | 22 | | participating public libraries in the regional library system. | 23 | | The nonresident fee shall
not
apply to
any of the following:
| 24 | | (1) Privileges and use provided (i) under the terms
of |
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| 1 | | the district's membership
in a library system
operating | 2 | | under the provisions of the Illinois Library System Act or | 3 | | (ii) under
the terms of any reciprocal agreement with a | 4 | | public or private corporation
or entity providing a | 5 | | library service.
| 6 | | (2) Residents of an area in which the library is | 7 | | conducting a program for
the purpose of encouraging the | 8 | | inclusion of the area in the library district.
| 9 | | (3) A nonresident who, as an individual
or as a | 10 | | partner, principal stockholder, or other joint owner, owns | 11 | | or leases
property that is taxed for library service or is | 12 | | a senior administrative officer of a firm, business, or
| 13 | | other corporation owning taxable property within the | 14 | | district, upon
presentation of the most recent tax bill | 15 | | upon that taxable property or a copy of the commercial | 16 | | lease of that taxable property. | 17 | | (4) A nonresident in an unincorporated area in | 18 | | Illinois who is a student whose household falls at or | 19 | | below the U.S. Department of Agriculture's Income | 20 | | Eligibility Guidelines.
| 21 | | The board may adopt regulations waiving the nonresident | 22 | | fee for persons under the age of 18. | 23 | | (Source: P.A. 100-875, eff. 8-14-18; 101-632, eff. 6-5-20.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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