Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB3563 Engrossed / Bill

Filed 04/12/2024

                    SB3563 EngrossedLRB103 36270 AWJ 66367 b   SB3563 Engrossed  LRB103 36270 AWJ 66367 b
  SB3563 Engrossed  LRB103 36270 AWJ 66367 b
1  AN ACT concerning local government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Local Library Act is amended by
5  changing Section 4-9 as follows:
6  (75 ILCS 5/4-9) (from Ch. 81, par. 4-9)
7  Sec. 4-9. In townships and in cities, villages and
8  incorporated towns having a population of 500,000 or less, the
9  board of trustees shall require the treasurer of such board or
10  such other person as may be designated as the custodian of the
11  moneys paid over to such board to give a bond to be approved by
12  such board and in such amount, not less than 10% 50% of the
13  total funds received by the library in the last fiscal year,
14  conditioned that he will safely keep and pay over upon the
15  order of such board all funds received and held by him for such
16  board of trustees. For a library in a city, village,
17  incorporated town or township, the board of library trustees
18  may designate the treasurer of the corporate authority, or the
19  supervisor in the case of a township, as the custodian of the
20  library fund, and the bond given by the treasurer or the
21  supervisor shall satisfy the bond requirements of this section
22  when properly endorsed. The cost of any surety bond shall be
23  borne by the library. As an alternative to a personal bond on

 

  SB3563 Engrossed  LRB103 36270 AWJ 66367 b


SB3563 Engrossed- 2 -LRB103 36270 AWJ 66367 b   SB3563 Engrossed - 2 - LRB103 36270 AWJ 66367 b
  SB3563 Engrossed - 2 - LRB103 36270 AWJ 66367 b
1  the treasurer or custodian of funds, the board of trustees may
2  require the treasurer or custodian to secure for the library
3  an insurance policy or other insurance instrument that
4  provides the library with coverage for negligent or
5  intentional acts by library officials and employees that could
6  result in the loss of library funds. The coverage shall be in
7  an amount at least equal to 10% 50% of the average amount of
8  the library's operating fund from the prior 3 fiscal years.
9  The coverage shall be placed with an insurer approved by the
10  board. The cost of any such coverage shall be borne by the
11  library. The library shall provide the Illinois State Library
12  a copy of the library's certificate of insurance at the time
13  the library's annual report is filed.
14  (Source: P.A. 97-101, eff. 1-1-12.)
15  Section 10. The Illinois Library System Act is amended by
16  changing Section 5 as follows:
17  (75 ILCS 10/5) (from Ch. 81, par. 115)
18  Sec. 5. Each library system created as provided in Section
19  4 of this Act shall be governed by a board of directors
20  numbering at least 5 and no more than 15 persons, except as
21  required by Section 6 for library systems in cities with a
22  population of 500,000 or more. The board shall be
23  representative of the variety of library interests in the
24  system, and at least a majority shall be elected or selected

 

 

  SB3563 Engrossed - 2 - LRB103 36270 AWJ 66367 b


SB3563 Engrossed- 3 -LRB103 36270 AWJ 66367 b   SB3563 Engrossed - 3 - LRB103 36270 AWJ 66367 b
  SB3563 Engrossed - 3 - LRB103 36270 AWJ 66367 b
1  from the governing boards of the member public libraries, with
2  not more than one director representing a single member
3  library. For library systems as defined in subparagraph (3) of
4  the definition of "library system" in Section 2, the board
5  members shall be representative of the types of libraries that
6  library system serves. The number of directors, the manner of
7  election or selection, the term of office and the provision
8  for filling vacancies shall be determined by the system
9  governing board except that all board members must be eligible
10  electors in the geographical area of the system. No director
11  of any library system, however, shall be permitted to serve
12  for more than a total of 6 years unless 2 years have elapsed
13  since his sixth year of service.
14  The board of directors shall elect a president, secretary
15  and treasurer. Before entering upon his duties, the treasurer
16  shall be required to give a bond in an amount to be approved by
17  the board, but in no case shall such amount be less than 10%
18  50% of the system's area and per capita grant for the previous
19  year, conditioned that he will safely keep and pay over upon
20  the order of such board all funds received and held by him for
21  the library system. As an alternative to a personal bond on the
22  treasurer, the board of trustees may require the treasurer to
23  secure for the system an insurance policy or other insurance
24  instrument that provides the library with coverage for
25  negligent or intentional acts by system officials and
26  employees that could result in the loss of system funds. The

 

 

  SB3563 Engrossed - 3 - LRB103 36270 AWJ 66367 b


SB3563 Engrossed- 4 -LRB103 36270 AWJ 66367 b   SB3563 Engrossed - 4 - LRB103 36270 AWJ 66367 b
  SB3563 Engrossed - 4 - LRB103 36270 AWJ 66367 b
1  coverage shall be in an amount at least equal to 10% 50% of the
2  average amount of the system's operating fund from the prior 3
3  fiscal years. The coverage shall be placed with an insurer
4  approved by the board. The cost of any such coverage shall be
5  borne by the system. The system shall provide the Illinois
6  State Library a copy of the system's certificate of insurance
7  at the time the system's annual report is filed. The funds of
8  the library system shall be deposited in a bank or savings and
9  loan association designated by the board of directors and
10  shall be expended only under the direction of such board upon
11  properly authenticated vouchers.
12  No bank or savings and loan association shall receive
13  public funds as permitted by this Section, unless it has
14  complied with the requirements established pursuant to Section
15  6 of the Public Funds Investment Act.
16  The members of the board of directors of the library
17  system shall serve without compensation but their actual and
18  necessary expenses shall be a proper charge against the
19  library fund.
20  (Source: P.A. 97-101, eff. 1-1-12.)
21  Section 15. The Public Library District Act of 1991 is
22  amended by changing Section 30-45 as follows:
23  (75 ILCS 16/30-45)
24  Sec. 30-45. Duties of officers.

 

 

  SB3563 Engrossed - 4 - LRB103 36270 AWJ 66367 b


SB3563 Engrossed- 5 -LRB103 36270 AWJ 66367 b   SB3563 Engrossed - 5 - LRB103 36270 AWJ 66367 b
  SB3563 Engrossed - 5 - LRB103 36270 AWJ 66367 b
1  (a) The duties of the officers of the board are as provided
2  in this Section.
3  (b) The president shall preside over all meetings, appoint
4  members of committees authorized by the district's
5  regulations, and perform other duties specified by the
6  district's regulations, ordinances, or other appropriate
7  action. In the president's absence, the vice president shall
8  preside at meetings. The president shall not have or exercise
9  veto powers.
10  (c) The vice president's duties shall be prescribed by
11  regulations.
12  (d) The treasurer shall keep and maintain accounts and
13  records of the district during the treasurer's term in office,
14  indicating in those accounts and records a record of all
15  receipts, disbursements, and balances in any funds.
16  Annual audit and financial report requirements shall
17  conform with Section 3 of the Governmental Account Audit Act.
18  (e) The treasurer shall give bond to the district to
19  faithfully discharge the duties of the office and to account
20  to the district for all district funds coming into the
21  treasurer's hands. The bond shall be in an amount and with
22  sureties approved by the board. The amount of the bond shall be
23  based upon a minimum of 10% 50% of the total funds received by
24  the district in the last previous fiscal year. The cost of any
25  surety bond shall be borne by the district. As an alternative
26  to a personal bond on the treasurer, the treasurer may secure

 

 

  SB3563 Engrossed - 5 - LRB103 36270 AWJ 66367 b


SB3563 Engrossed- 6 -LRB103 36270 AWJ 66367 b   SB3563 Engrossed - 6 - LRB103 36270 AWJ 66367 b
  SB3563 Engrossed - 6 - LRB103 36270 AWJ 66367 b
1  for the district an insurance policy or other insurance
2  instrument that provides the district with coverage for
3  negligent or intentional acts by district officials and
4  employees that could result in the loss of district funds. The
5  coverage shall be in an amount at least equal to 10% 50% of the
6  average amount of the district's operating fund from the prior
7  3 fiscal years. The coverage shall be placed with an insurer
8  approved by the board. The cost of any such coverage shall be
9  borne by the district. The system shall provide the Illinois
10  State Library a copy of the district's certificate of
11  insurance at the time the district's annual report is filed.
12  (f) Any person, entity, or public body or agency
13  possessing district funds, property, or records shall, upon
14  demand by any trustee, transfer and release the funds,
15  property, or records to the treasurer.
16  (g) The secretary shall keep and maintain appropriate
17  records for his or her term in office and shall include in
18  those records a record of the minutes of all meetings, the
19  names of those in attendance, the ordinances enacted, the
20  resolutions and regulations adopted, and all other pertinent
21  written matter affecting the operation of the district. The
22  secretary may administer oaths and affirmations for the
23  purposes of this Act.
24  (Source: P.A. 97-101, eff. 1-1-12.)

 

 

  SB3563 Engrossed - 6 - LRB103 36270 AWJ 66367 b