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Public Act 92-0166
HB1785 Enrolled LRB9206040MWdv
AN ACT concerning the use of libraries.
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 only at the
library where the card was issued. 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, or to a nonresident who as an
individual or as a partner, principal stockholder, or
other joint owner owns taxable property 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, provided that the privilege and use of
the library is extended to only one such nonresident for
each parcel of such taxable property. Nothing in this
item 12 requires any public library to participate in the
non-resident card reciprocal borrowing program of a
regional library system as provided for in this Section;
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;
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. 91-357, eff. 7-29-99.)
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 only at the library where the card
was issued. 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 taxable property 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,
provided that the privileges and use of the library is
extended to only one such nonresident for each parcel of
taxable property.
Nothing in this Section requires any public library to
participate in the non-resident card reciprocal borrowing
program of a regional library system as provided for in this
Section.
(Source: P.A. 87-1277; 88-253.)
Section 90. The State Mandates Act is amended by adding
Section 8.25 as follows:
(30 ILCS 805/8.25 new)
Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 92nd General Assembly.
Passed in the General Assembly May 03, 2001.
Approved July 26, 2001.
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