Bill Text: IL HB5467 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Local Library Act and the Public Library District Act. Provides that, if a nonresident fee is calculated based on the assessed valuation of the nonresident's principal residence, then that calculation must take into account any exemptions that apply to the residence under Article 15 of the Property Tax Code.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5467 Detail]

Download: Illinois-2009-HB5467-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5467 Introduced 2/5/2010, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED:
75 ILCS 5/4-7 from Ch. 81, par. 4-7
75 ILCS 16/30-55.60
Amends the Illinois Local Library Act and the Public Library District Act. Provides that, if a nonresident fee is calculated based on the assessed valuation of the nonresident's principal residence, then that calculation must take into account any exemptions that apply to the residence under Article 15 of the Property Tax Code.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning 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;

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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

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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

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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

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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. If the nonresident fee is calculated based on the
assessed valuation of the nonresident's principal
residence, that calculation must take into account any
exemptions that apply to the residence under Article 15 of
the Property Tax Code. 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. 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

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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

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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; 92-166, eff. 1-1-02.)
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. If the
nonresident fee is calculated based on the assessed valuation
of the nonresident's principal residence, that calculation
must take into account any exemptions that apply to the
residence under Article 15 of the Property Tax Code. 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

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shall allow for borrowing privileges at all participating
public libraries in the regional library system. 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. 92-166, eff. 1-1-02.)