Bill Text: IL SB2078 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Local Library Act. Provides that any nonresident, and that nonresident's immediate family, who owns taxable property within a city, incorporated town, village, or township that has established a public library is entitled the same services and benefits of the library as a resident card holder. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2078 Detail]

Download: Illinois-2009-SB2078-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2078 Introduced 2/20/2009, by Sen. Randall M. Hultgren SYNOPSIS AS INTRODUCED:
75 ILCS 5/4-7 from Ch. 81, par. 4-7
Amends the Illinois Local Library Act. Provides that any nonresident, and that nonresident's immediate family, who owns taxable property within a city, incorporated town, village, or township that has established a public library is entitled the same services and benefits of the library as a resident card holder. Effective immediately.
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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. 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 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. Any nonresident,
and that nonresident's immediate family, who as an

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individual or as a partner, principal stockholder, or other
joint owner owns taxable property within the city,
incorporated town, village, or township, upon the
presentation of the most recent tax bill upon that taxable
property, shall be entitled to all services and benefits of
the library that resident card holders are entitled to.
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

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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; 92-166, eff. 1-1-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.