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| [ House Amendment 001 ] |
92_HB1785eng HB1785 Engrossed LRB9206040MWdv 1 AN ACT concerning the use of libraries. 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 12 other powers conferred by this Act, shall have the following 13 powers: 14 1. To make and adopt such bylaws, rules and 15 regulations, for their own guidance and for the 16 government of the library as may be expedient, not 17 inconsistent with this Act; 18 2. To have the exclusive control of the expenditure 19 of all moneys collected for the library and deposited to 20 the credit of the library fund; 21 3. To have the exclusive control of the 22 construction of any library building and of the 23 supervision, care and custody of the grounds, rooms or 24 buildings constructed, leased or set apart for that 25 purpose; 26 4. To purchase or lease real or personal property, 27 and to construct an appropriate building or buildings for 28 the use of a library established hereunder, using, at the 29 board's option, contracts providing for all or part of 30 the consideration to be paid through installments at 31 stated intervals during a certain period not to exceed 20 HB1785 Engrossed -2- LRB9206040MWdv 1 years with interest on the unpaid balance at any lawful 2 rate for municipal corporations in this State, except 3 that contracts for installment purchases of real estate 4 shall provide for not more than 75% of the total 5 consideration to be repaid by installments, and to refund 6 at any time any installment contract entered into 7 pursuant to this paragraph by means of a refunding loan 8 agreement, which may provide for installment payments of 9 principal and interest to be made at stated intervals 10 during a certain period not to exceed 20 years from the 11 date of such refunding loan agreement, with interest on 12 the unpaid principal balance at any lawful rate for 13 municipal corporations in this State, except that no 14 installment contract or refunding loan agreement for the 15 same property or construction project may exceed an 16 aggregate of 20 years; 17 5. To remodel or reconstruct a building erected or 18 purchased by the board, when such building is not adapted 19 to its purposes or needs; 20 6. To sell or otherwise dispose of any real or 21 personal property that it deems no longer necessary or 22 useful for library purposes, and to lease to others any 23 real property not immediately useful but for which plans 24 for ultimate use have been or will be adopted but the 25 corporate authorities shall have the first right to 26 purchase or lease except that in the case of the City of 27 Chicago, this power shall be governed and limited by the 28 Chicago Public Library Act; 29 7. To appoint and to fix the compensation of a 30 qualified librarian, who shall have the authority to hire 31 such other employees as may be necessary, to fix their 32 compensation, and to remove such appointees, subject to 33 the approval of the board, but these powers are subject 34 to Division 1 of Article 10 of the Illinois Municipal HB1785 Engrossed -3- LRB9206040MWdv 1 Code in municipalities in which that Division is in 2 force. The board may also retain counsel and 3 professional consultants as needed; 4 8. To contract with any public or private 5 corporation or entity for the purpose of providing or 6 receiving library service or of performing any and all 7 other acts necessary and proper to carry out the 8 responsibilities, the spirit, and the provisions of this 9 Act. This contractual power includes, but is not limited 10 to, participating in interstate library compacts and 11 library systems, contracting to supply library services, 12 and expending of any federal or State funds made 13 available to any county, municipality, township or to the 14 State of Illinois for library purposes. However, if a 15 contract is for the supply of library services for 16 residents without a public library established under the 17 provisions of this Act, the terms of that contract will 18 recognize the principle of equity or cost of services to 19 non-residents expressed in this Section of this Act, and 20 will provide for the assumption by the contracting party 21 receiving the services of financial responsibility for 22 the loss of or damage to any library materials provided 23 to non-residents under the contract; 24 9. To join with the board or boards of any one or 25 more libraries in this State in maintaining libraries, or 26 for the maintenance of a common library or common library 27 services for participants, upon such terms as may be 28 agreed upon by and between the boards; 29 10. To enter into contracts and to take title to 30 any property acquired by it for library purposes by the 31 name and style of "The Board of Library Trustees of the 32 (city, village, incorporated town or township) of ...." 33 and by that name to sue and be sued; 34 11. To exclude from the use of the library any HB1785 Engrossed -4- LRB9206040MWdv 1 person who wilfully violates the rules prescribed by the 2 board; 3 12. To extend the privileges and use of the 4 library, including the borrowing of materials on an 5 individual basis by persons residing outside of the city, 6 incorporated town, village or township. If the board 7 exercises this power, the privilege of library use shall 8 be upon such terms and conditions as the board shall from 9 time to time by its regulations prescribe, and for such 10 privileges and use, the board shall charge a nonresident 11 fee at least equal to the cost paid by residents of the 12 city, incorporated town, village or township, with the 13 cost to be determined according to the formula 14 established by the Illinois State Library. A person 15 residing outside of a public library service area must 16 apply for a non-resident library card at the public 17 library located closest to the person's principal 18 residence. The nonresident cards shall allow for 19 borrowing privileges at all participating public 20 libraries in the regional library systemonly at the21library where the card was issued. The nonresident fee 22 shall not apply to privilege and use provided under the 23 terms of the library's membership in a library system 24 operating under the provisions of the Illinois Library 25 System Act, under the terms of any reciprocal agreement 26 with a public or private corporation or entity providing 27 a library service, or to a nonresident who as an 28 individual or as a partner, principal stockholder, or 29 other joint owner owns taxable property or is a senior 30 administrative officer of a firm, business, or other 31 corporation owning taxable property within the city, 32 incorporated town, village or township upon the 33 presentation of the most recent tax bill upon that 34 taxable property, provided that the privilege and use of HB1785 Engrossed -5- LRB9206040MWdv 1 the library is extended to only one such nonresident for 2 each parcel of such taxable property. Nothing in this 3 item 12 requires any public library to participate in the 4 non-resident card reciprocal borrowing program of a 5 regional library system as provided for in this Section; 6 13. To exercise the power of eminent domain subject 7 to the prior approval of the corporate authorities under 8 Sections 5-1 and 5-2 of this Act; 9 14. To join the public library as a member and to 10 join the library trustees as members in the Illinois 11 Library Association and the American Library Association, 12 non-profit, non-political, 501(c)(3) associations, as 13 designated by the federal Internal Revenue Service, 14 having the purpose of library development and 15 librarianship; to provide for the payment of annual 16 membership dues, fees and assessments and act by, through 17 and in the name of such instrumentality by providing and 18 disseminating information and research services, 19 employing personnel and doing any and all other acts for 20 the purpose of improving library development; 21 15. To invest funds pursuant to the Public Funds 22 Investment Act; 23 16. To accumulate and set apart as reserve funds 24 portions of the unexpended balances of the proceeds 25 received annually from taxes or other sources, for the 26 purpose of providing self-insurance against liabilities 27 relating to the public library. 28 (Source: P.A. 91-357, eff. 7-29-99.) 29 Section 10. The Public Library District Act of 1991 is 30 amended by changing Section 30-55.60 as follows: 31 (75 ILCS 16/30-55.60) 32 Sec. 30-55.60. Use of library by nonresidents. The board HB1785 Engrossed -6- LRB9206040MWdv 1 may extend the privileges and use of the library, including 2 the borrowing of materials on an individual basis by persons 3 residing outside the district. If the board exercises this 4 power, the privilege of library use shall be upon terms and 5 conditions prescribed by the board in its regulations. The 6 board shall charge a nonresident fee for the privileges and 7 use of the library at least equal to the cost paid by 8 residents of the district, with the cost to be determined 9 according to the formula established by the Illinois State 10 Library. A person residing outside of a public library 11 service area must apply for a non-resident library card at 12 the public library closest to the person's principal 13 residence. The nonresident cards shall allow for borrowing 14 privileges at all participating public libraries in the 15 regional library systemonly at the library where the card16was issued. The nonresident fee shall not apply to any of 17 the following: 18 (1) Privileges and use provided (i) under the terms 19 of the district's membership in a library system 20 operating under the provisions of the Illinois Library 21 System Act or (ii) under the terms of any reciprocal 22 agreement with a public or private corporation or entity 23 providing a library service. 24 (2) Residents of an area in which the library is 25 conducting a program for the purpose of encouraging the 26 inclusion of the area in the library district. 27 (3) A nonresident who, as an individual or as a 28 partner, principal stockholder, or other joint owner, 29 owns taxable property or is a senior administrative 30 officer of a firm, business, or other corporation owning 31 taxable property within the district, upon presentation 32 of the most recent tax bill upon that taxable property, 33 provided that the privileges and use of the library is 34 extended to only one such nonresident for each parcel of HB1785 Engrossed -7- LRB9206040MWdv 1 taxable property. 2 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. 6 (Source: P.A. 87-1277; 88-253.) 7 Section 90. The State Mandates Act is amended by adding 8 Section 8.25 as follows: 9 (30 ILCS 805/8.25 new) 10 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 11 and 8 of this Act, no reimbursement by the State is required 12 for the implementation of any mandate created by this 13 amendatory Act of the 92nd General Assembly.