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92_HB1785ham001
LRB9206040MWpkam01
1 AMENDMENT TO HOUSE BILL 1785
2 AMENDMENT NO. . Amend House Bill 1785 by replacing
3 everything after the enacting clause with the following:
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
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1 supervision, care and custody of the grounds, rooms or
2 buildings constructed, leased or set apart for that
3 purpose;
4 4. To purchase or lease real or personal property,
5 and to construct an appropriate building or buildings for
6 the use of a library established hereunder, using, at the
7 board's option, contracts providing for all or part of
8 the consideration to be paid through installments at
9 stated intervals during a certain period not to exceed 20
10 years with interest on the unpaid balance at any lawful
11 rate for municipal corporations in this State, except
12 that contracts for installment purchases of real estate
13 shall provide for not more than 75% of the total
14 consideration to be repaid by installments, and to refund
15 at any time any installment contract entered into
16 pursuant to this paragraph by means of a refunding loan
17 agreement, which may provide for installment payments of
18 principal and interest to be made at stated intervals
19 during a certain period not to exceed 20 years from the
20 date of such refunding loan agreement, with interest on
21 the unpaid principal balance at any lawful rate for
22 municipal corporations in this State, except that no
23 installment contract or refunding loan agreement for the
24 same property or construction project may exceed an
25 aggregate of 20 years;
26 5. To remodel or reconstruct a building erected or
27 purchased by the board, when such building is not adapted
28 to its purposes or needs;
29 6. To sell or otherwise dispose of any real or
30 personal property that it deems no longer necessary or
31 useful for library purposes, and to lease to others any
32 real property not immediately useful but for which plans
33 for ultimate use have been or will be adopted but the
34 corporate authorities shall have the first right to
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1 purchase or lease except that in the case of the City of
2 Chicago, this power shall be governed and limited by the
3 Chicago Public Library Act;
4 7. To appoint and to fix the compensation of a
5 qualified librarian, who shall have the authority to hire
6 such other employees as may be necessary, to fix their
7 compensation, and to remove such appointees, subject to
8 the approval of the board, but these powers are subject
9 to Division 1 of Article 10 of the Illinois Municipal
10 Code in municipalities in which that Division is in
11 force. The board may also retain counsel and
12 professional consultants as needed;
13 8. To contract with any public or private
14 corporation or entity for the purpose of providing or
15 receiving library service or of performing any and all
16 other acts necessary and proper to carry out the
17 responsibilities, the spirit, and the provisions of this
18 Act. This contractual power includes, but is not limited
19 to, participating in interstate library compacts and
20 library systems, contracting to supply library services,
21 and expending of any federal or State funds made
22 available to any county, municipality, township or to the
23 State of Illinois for library purposes. However, if a
24 contract is for the supply of library services for
25 residents without a public library established under the
26 provisions of this Act, the terms of that contract will
27 recognize the principle of equity or cost of services to
28 non-residents expressed in this Section of this Act, and
29 will provide for the assumption by the contracting party
30 receiving the services of financial responsibility for
31 the loss of or damage to any library materials provided
32 to non-residents under the contract;
33 9. To join with the board or boards of any one or
34 more libraries in this State in maintaining libraries, or
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1 for the maintenance of a common library or common library
2 services for participants, upon such terms as may be
3 agreed upon by and between the boards;
4 10. To enter into contracts and to take title to
5 any property acquired by it for library purposes by the
6 name and style of "The Board of Library Trustees of the
7 (city, village, incorporated town or township) of ...."
8 and by that name to sue and be sued;
9 11. To exclude from the use of the library any
10 person who wilfully violates the rules prescribed by the
11 board;
12 12. To extend the privileges and use of the
13 library, including the borrowing of materials on an
14 individual basis by persons residing outside of the city,
15 incorporated town, village or township. If the board
16 exercises this power, the privilege of library use shall
17 be upon such terms and conditions as the board shall from
18 time to time by its regulations prescribe, and for such
19 privileges and use, the board shall charge a nonresident
20 fee at least equal to the cost paid by residents of the
21 city, incorporated town, village or township, with the
22 cost to be determined according to the formula
23 established by the Illinois State Library. A person
24 residing outside of a public library service area must
25 apply for a non-resident library card at the public
26 library located closest to the person's principal
27 residence. The nonresident cards shall allow for
28 borrowing privileges at all participating public
29 libraries in the regional library system only at the
30 library where the card was issued. The nonresident fee
31 shall not apply to privilege and use provided under the
32 terms of the library's membership in a library system
33 operating under the provisions of the Illinois Library
34 System Act, under the terms of any reciprocal agreement
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1 with a public or private corporation or entity providing
2 a library service, or to a nonresident who as an
3 individual or as a partner, principal stockholder, or
4 other joint owner owns taxable property or is a senior
5 administrative officer of a firm, business, or other
6 corporation owning taxable property within the city,
7 incorporated town, village or township upon the
8 presentation of the most recent tax bill upon that
9 taxable property, provided that the privilege and use of
10 the library is extended to only one such nonresident for
11 each parcel of such taxable property. Nothing in this
12 item 12 requires any public library to participate in the
13 non-resident card reciprocal borrowing program of a
14 regional library system as provided for in this Section;
15 13. To exercise the power of eminent domain subject
16 to the prior approval of the corporate authorities under
17 Sections 5-1 and 5-2 of this Act;
18 14. To join the public library as a member and to
19 join the library trustees as members in the Illinois
20 Library Association and the American Library Association,
21 non-profit, non-political, 501(c)(3) associations, as
22 designated by the federal Internal Revenue Service,
23 having the purpose of library development and
24 librarianship; to provide for the payment of annual
25 membership dues, fees and assessments and act by, through
26 and in the name of such instrumentality by providing and
27 disseminating information and research services,
28 employing personnel and doing any and all other acts for
29 the purpose of improving library development;
30 15. To invest funds pursuant to the Public Funds
31 Investment Act;
32 16. To accumulate and set apart as reserve funds
33 portions of the unexpended balances of the proceeds
34 received annually from taxes or other sources, for the
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1 purpose of providing self-insurance against liabilities
2 relating to the public library.
3 (Source: P.A. 91-357, eff. 7-29-99.)
4 Section 10. The Public Library District Act of 1991 is
5 amended by changing Section 30-55.60 as follows:
6 (75 ILCS 16/30-55.60)
7 Sec. 30-55.60. Use of library by nonresidents. The board
8 may extend the privileges and use of the library, including
9 the borrowing of materials on an individual basis by persons
10 residing outside the district. If the board exercises this
11 power, the privilege of library use shall be upon terms and
12 conditions prescribed by the board in its regulations. The
13 board shall charge a nonresident fee for the privileges and
14 use of the library at least equal to the cost paid by
15 residents of the district, with the cost to be determined
16 according to the formula established by the Illinois State
17 Library. A person residing outside of a public library
18 service area must apply for a non-resident library card at
19 the public library closest to the person's principal
20 residence. The nonresident cards shall allow for borrowing
21 privileges at all participating public libraries in the
22 regional library system only at the library where the card
23 was issued. The nonresident fee shall not apply to any of
24 the following:
25 (1) Privileges and use provided (i) under the terms
26 of the district's membership in a library system
27 operating under the provisions of the Illinois Library
28 System Act or (ii) under the terms of any reciprocal
29 agreement with a public or private corporation or entity
30 providing a library service.
31 (2) Residents of an area in which the library is
32 conducting a program for the purpose of encouraging the
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1 inclusion of the area in the library district.
2 (3) A nonresident who, as an individual or as a
3 partner, principal stockholder, or other joint owner,
4 owns taxable property or is a senior administrative
5 officer of a firm, business, or other corporation owning
6 taxable property within the district, upon presentation
7 of the most recent tax bill upon that taxable property,
8 provided that the privileges and use of the library is
9 extended to only one such nonresident for each parcel of
10 taxable property.
11 Nothing in this Section requires any public library to
12 participate in the non-resident card reciprocal borrowing
13 program of a regional library system as provided for in this
14 Section.
15 (Source: P.A. 87-1277; 88-253.)
16 Section 90. The State Mandates Act is amended by adding
17 Section 8.25 as follows:
18 (30 ILCS 805/8.25 new)
19 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
20 and 8 of this Act, no reimbursement by the State is required
21 for the implementation of any mandate created by this
22 amendatory Act of the 92nd General Assembly.".