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Public Act 104-0036
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| HB0042 Enrolled | LRB104 02955 JDS 12971 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Local Library Act is amended by |
changing Section 4-7 as follows:
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(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 |
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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 |
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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, |
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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. Costs paid by persons |
residing outside of the city, incorporated town, village, |
or township may be paid quarterly or biannually if |
permitted by board regulations. 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; a |
nonresident who as an individual or as a partner, |
principal stockholder, or other joint owner owns or leases |
property that is taxed for library service or is a senior |
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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 or a copy of the commercial lease of that taxable |
property; or a nonresident in an unincorporated area in |
Illinois who is a student whose household falls at or |
below the U.S. Department of Agriculture's Income |
Eligibility Guidelines. The board may adopt regulations |
waiving the nonresident fee for persons under the age of |
18; |
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; |
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15. To invest funds pursuant to the Public Funds |
Investment Act; and |
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. 101-632, eff. 6-5-20; 102-843, eff. 5-13-22.)
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Section 10. The Public Library District Act of 1991 is |
amended by changing Section 30-55.60 as follows:
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(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. Costs |
paid by persons residing outside of the district may be paid |
quarterly or biannually if permitted by board regulations. A |
person residing outside of a public library service area must |
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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. |
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 |
or leases property that is taxed for library service 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 or a copy of the commercial |
lease of that taxable property. |
(4) A nonresident in an unincorporated area in |
Illinois who is a student whose household falls at or |
below the U.S. Department of Agriculture's Income |
Eligibility Guidelines. |