Illinois 2023-2024 Regular Session

Illinois House Bill HB5884 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 75 ILCS 5/4-7 from Ch. 81, par. 4-775 ILCS 16/30-55.60 Amends the Illinois Local Library Act and the Public Library District Act of 1991. Authorizes costs paid by persons residing outside of the relevant library jurisdiction to be paid quarterly or biannually if permitted by board regulations. Effective immediately. LRB103 42674 JDS 75907 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 75 ILCS 5/4-7 from Ch. 81, par. 4-775 ILCS 16/30-55.60 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 of 1991. Authorizes costs paid by persons residing outside of the relevant library jurisdiction to be paid quarterly or biannually if permitted by board regulations. Effective immediately. LRB103 42674 JDS 75907 b LRB103 42674 JDS 75907 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
33 75 ILCS 5/4-7 from Ch. 81, par. 4-775 ILCS 16/30-55.60 75 ILCS 5/4-7 from Ch. 81, par. 4-7 75 ILCS 16/30-55.60
44 75 ILCS 5/4-7 from Ch. 81, par. 4-7
55 75 ILCS 16/30-55.60
66 Amends the Illinois Local Library Act and the Public Library District Act of 1991. Authorizes costs paid by persons residing outside of the relevant library jurisdiction to be paid quarterly or biannually if permitted by board regulations. Effective immediately.
77 LRB103 42674 JDS 75907 b LRB103 42674 JDS 75907 b
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99 A BILL FOR
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1212 1 AN ACT concerning local government.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Local Library Act is amended by
1616 5 changing Section 4-7 as follows:
1717 6 (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
1818 7 Sec. 4-7. Each board of library trustees of a city,
1919 8 incorporated town, village or township shall carry out the
2020 9 spirit and intent of this Act in establishing, supporting and
2121 10 maintaining a public library or libraries for providing
2222 11 library service and, in addition to but without limiting other
2323 12 powers conferred by this Act, shall have the following powers:
2424 13 1. To make and adopt such bylaws, rules and
2525 14 regulations, for their own guidance and for the government
2626 15 of the library as may be expedient, not inconsistent with
2727 16 this Act;
2828 17 2. To have the exclusive control of the expenditure of
2929 18 all moneys collected for the library and deposited to the
3030 19 credit of the library fund;
3131 20 3. To have the exclusive control of the construction
3232 21 of any library building and of the supervision, care and
3333 22 custody of the grounds, rooms or buildings constructed,
3434 23 leased or set apart for that purpose;
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5884 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED:
3939 75 ILCS 5/4-7 from Ch. 81, par. 4-775 ILCS 16/30-55.60 75 ILCS 5/4-7 from Ch. 81, par. 4-7 75 ILCS 16/30-55.60
4040 75 ILCS 5/4-7 from Ch. 81, par. 4-7
4141 75 ILCS 16/30-55.60
4242 Amends the Illinois Local Library Act and the Public Library District Act of 1991. Authorizes costs paid by persons residing outside of the relevant library jurisdiction to be paid quarterly or biannually if permitted by board regulations. Effective immediately.
4343 LRB103 42674 JDS 75907 b LRB103 42674 JDS 75907 b
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4545 A BILL FOR
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7171 1 4. To purchase or lease real or personal property, and
7272 2 to construct an appropriate building or buildings for the
7373 3 use of a library established hereunder, using, at the
7474 4 board's option, contracts providing for all or part of the
7575 5 consideration to be paid through installments at stated
7676 6 intervals during a certain period not to exceed 20 years
7777 7 with interest on the unpaid balance at any lawful rate for
7878 8 municipal corporations in this State, except that
7979 9 contracts for installment purchases of real estate shall
8080 10 provide for not more than 75% of the total consideration
8181 11 to be repaid by installments, and to refund at any time any
8282 12 installment contract entered into pursuant to this
8383 13 paragraph by means of a refunding loan agreement, which
8484 14 may provide for installment payments of principal and
8585 15 interest to be made at stated intervals during a certain
8686 16 period not to exceed 20 years from the date of such
8787 17 refunding loan agreement, with interest on the unpaid
8888 18 principal balance at any lawful rate for municipal
8989 19 corporations in this State, except that no installment
9090 20 contract or refunding loan agreement for the same property
9191 21 or construction project may exceed an aggregate of 20
9292 22 years;
9393 23 5. To remodel or reconstruct a building erected or
9494 24 purchased by the board, when such building is not adapted
9595 25 to its purposes or needs;
9696 26 6. To sell or otherwise dispose of any real or
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107107 1 personal property that it deems no longer necessary or
108108 2 useful for library purposes, and to lease to others any
109109 3 real property not immediately useful but for which plans
110110 4 for ultimate use have been or will be adopted but the
111111 5 corporate authorities shall have the first right to
112112 6 purchase or lease except that in the case of the City of
113113 7 Chicago, this power shall be governed and limited by the
114114 8 Chicago Public Library Act;
115115 9 7. To appoint and to fix the compensation of a
116116 10 qualified librarian, who shall have the authority to hire
117117 11 such other employees as may be necessary, to fix their
118118 12 compensation, and to remove such appointees, subject to
119119 13 the approval of the board, but these powers are subject to
120120 14 Division 1 of Article 10 of the Illinois Municipal Code in
121121 15 municipalities in which that Division is in force. The
122122 16 board may also retain counsel and professional consultants
123123 17 as needed;
124124 18 8. To contract with any public or private corporation
125125 19 or entity for the purpose of providing or receiving
126126 20 library service or of performing any and all other acts
127127 21 necessary and proper to carry out the responsibilities,
128128 22 the spirit, and the provisions of this Act. This
129129 23 contractual power includes, but is not limited to,
130130 24 participating in interstate library compacts and library
131131 25 systems, contracting to supply library services, and
132132 26 expending of any federal or State funds made available to
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143143 1 any county, municipality, township or to the State of
144144 2 Illinois for library purposes. However, if a contract is
145145 3 for the supply of library services for residents without a
146146 4 public library established under the provisions of this
147147 5 Act, the terms of that contract will recognize the
148148 6 principle of equity or cost of services to non-residents
149149 7 expressed in this Section of this Act, and will provide
150150 8 for the assumption by the contracting party receiving the
151151 9 services of financial responsibility for the loss of or
152152 10 damage to any library materials provided to non-residents
153153 11 under the contract;
154154 12 9. To join with the board or boards of any one or more
155155 13 libraries in this State in maintaining libraries, or for
156156 14 the maintenance of a common library or common library
157157 15 services for participants, upon such terms as may be
158158 16 agreed upon by and between the boards;
159159 17 10. To enter into contracts and to take title to any
160160 18 property acquired by it for library purposes by the name
161161 19 and style of "The Board of Library Trustees of the (city,
162162 20 village, incorporated town or township) of ...." and by
163163 21 that name to sue and be sued;
164164 22 11. To exclude from the use of the library any person
165165 23 who wilfully violates the rules prescribed by the board;
166166 24 12. To extend the privileges and use of the library,
167167 25 including the borrowing of materials on an individual
168168 26 basis by persons residing outside of the city,
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179179 1 incorporated town, village, or township. If the board
180180 2 exercises this power, the privilege of library use shall
181181 3 be upon such terms and conditions as the board shall from
182182 4 time to time by its regulations prescribe, and for such
183183 5 privileges and use, the board shall charge a nonresident
184184 6 fee at least equal to the cost paid by residents of the
185185 7 city, incorporated town, village or township, with the
186186 8 cost to be determined according to the formula established
187187 9 by the Illinois State Library. Costs paid by persons
188188 10 residing outside of the city, incorporated town, village,
189189 11 or township may be paid quarterly or biannually if
190190 12 permitted by board regulations. A person residing outside
191191 13 of a public library service area must apply for a
192192 14 non-resident library card at the public library located
193193 15 closest to the person's principal residence. The
194194 16 nonresident cards shall allow for borrowing privileges at
195195 17 all participating public libraries in the regional library
196196 18 system. The nonresident fee shall not apply to: privilege
197197 19 and use provided under the terms of the library's
198198 20 membership in a library system operating under the
199199 21 provisions of the Illinois Library System Act, under the
200200 22 terms of any reciprocal agreement with a public or private
201201 23 corporation or entity providing a library service; a
202202 24 nonresident who as an individual or as a partner,
203203 25 principal stockholder, or other joint owner owns or leases
204204 26 property that is taxed for library service or is a senior
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215215 1 administrative officer of a firm, business, or other
216216 2 corporation owning taxable property within the city,
217217 3 incorporated town, village or township upon the
218218 4 presentation of the most recent tax bill upon that taxable
219219 5 property or a copy of the commercial lease of that taxable
220220 6 property; or a nonresident in an unincorporated area in
221221 7 Illinois who is a student whose household falls at or
222222 8 below the U.S. Department of Agriculture's Income
223223 9 Eligibility Guidelines. The board may adopt regulations
224224 10 waiving the nonresident fee for persons under the age of
225225 11 18;
226226 12 13. To exercise the power of eminent domain subject to
227227 13 the prior approval of the corporate authorities under
228228 14 Sections 5-1 and 5-2 of this Act;
229229 15 14. To join the public library as a member and to join
230230 16 the library trustees as members in the Illinois Library
231231 17 Association and the American Library Association,
232232 18 non-profit, non-political, 501(c)(3) associations, as
233233 19 designated by the federal Internal Revenue Service, having
234234 20 the purpose of library development and librarianship; to
235235 21 provide for the payment of annual membership dues, fees
236236 22 and assessments and act by, through and in the name of such
237237 23 instrumentality by providing and disseminating information
238238 24 and research services, employing personnel and doing any
239239 25 and all other acts for the purpose of improving library
240240 26 development;
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251251 1 15. To invest funds pursuant to the Public Funds
252252 2 Investment Act; and
253253 3 16. To accumulate and set apart as reserve funds
254254 4 portions of the unexpended balances of the proceeds
255255 5 received annually from taxes or other sources, for the
256256 6 purpose of providing self-insurance against liabilities
257257 7 relating to the public library.
258258 8 (Source: P.A. 101-632, eff. 6-5-20; 102-843, eff. 5-13-22.)
259259 9 Section 10. The Public Library District Act of 1991 is
260260 10 amended by changing Section 30-55.60 as follows:
261261 11 (75 ILCS 16/30-55.60)
262262 12 Sec. 30-55.60. Use of library by nonresidents. The board
263263 13 may extend the privileges and use of the library, including
264264 14 the borrowing of materials on an individual basis by persons
265265 15 residing outside the district. If the board exercises this
266266 16 power, the privilege of library use shall be upon terms and
267267 17 conditions prescribed by the board in its regulations. The
268268 18 board shall charge a nonresident fee for the privileges and
269269 19 use of the library at least equal to the cost paid by residents
270270 20 of the district, with the cost to be determined according to
271271 21 the formula established by the Illinois State Library. Costs
272272 22 paid by persons residing outside of the district may be paid
273273 23 quarterly or biannually if permitted by board regulations. A
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285285 1 apply for a non-resident library card at the public library
286286 2 closest to the person's principal residence. The nonresident
287287 3 cards shall allow for borrowing privileges at all
288288 4 participating public libraries in the regional library system.
289289 5 The nonresident fee shall not apply to any of the following:
290290 6 (1) Privileges and use provided (i) under the terms of
291291 7 the district's membership in a library system operating
292292 8 under the provisions of the Illinois Library System Act or
293293 9 (ii) under the terms of any reciprocal agreement with a
294294 10 public or private corporation or entity providing a
295295 11 library service.
296296 12 (2) Residents of an area in which the library is
297297 13 conducting a program for the purpose of encouraging the
298298 14 inclusion of the area in the library district.
299299 15 (3) A nonresident who, as an individual or as a
300300 16 partner, principal stockholder, or other joint owner, owns
301301 17 or leases property that is taxed for library service or is
302302 18 a senior administrative officer of a firm, business, or
303303 19 other corporation owning taxable property within the
304304 20 district, upon presentation of the most recent tax bill
305305 21 upon that taxable property or a copy of the commercial
306306 22 lease of that taxable property.
307307 23 (4) A nonresident in an unincorporated area in
308308 24 Illinois who is a student whose household falls at or
309309 25 below the U.S. Department of Agriculture's Income
310310 26 Eligibility Guidelines.
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321321 1 The board may adopt regulations waiving the nonresident
322322 2 fee for persons under the age of 18.
323323 3 (Source: P.A. 101-632, eff. 6-5-20; 102-843, eff. 5-13-22.)
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