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92nd General Assembly

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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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