Rep. Dwight Kay

Filed: 3/29/2011

 

 


 

 


 
09700HB2823ham001LRB097 09405 HLH 53381 a

1
AMENDMENT TO HOUSE BILL 2823

2    AMENDMENT NO. ______. Amend House Bill 2823 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Local Library Act is amended by by
5changing Sections 2-1, 2-2, 2-6, and 3-5 and by adding Section
64-18 as follows:
 
7    (75 ILCS 5/2-1)  (from Ch. 81, par. 2-1)
8    Sec. 2-1. To provide local public institutions of general
9education for citizens of Illinois, the corporate authorities
10of any city may, by an ordinance adopted by a three-fourths
11vote of the corporate authorities, establish and maintain a
12public library for the use and benefit of the residents of the
13city and may, subject to the limitations of Article 3, levy a
14tax for library purposes. The corporate authorities must hold
15at least one public hearing on the matter not less than 15 nor
16more than 30 days before the corporate authorities consider the

 

 

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1establishment of the library.
2(Source: P.A. 84-770.)
 
3    (75 ILCS 5/2-2)  (from Ch. 81, par. 2-2)
4    Sec. 2-2. To provide local public institutions of general
5education for citizens of Illinois, the citizens residing in a
6village, incorporated town or township without local library
7service may establish and maintain a public library for the use
8and benefit of the residents of the respective village,
9incorporated town or township as herein provided.
10    Upon the adoption of an ordinance by the governing body of
11an incorporated town, village, or township by a three-fourths
12vote, a public library may be established and an annual tax may
13be levied for the establishment and maintenance of that
14library, subject to the limitations of Article 3. The corporate
15authorities must hold at least one public hearing on the matter
16not less than 15 nor more than 30 days before the corporate
17authorities consider the establishment of the library. or when
18100 legal voters of any incorporated town, village or township
19present a petition to the clerk thereof asking for the
20establishment and maintenance of a public library in such
21incorporated town, village or township, the clerk shall certify
22the question of whether to establish and maintain a public
23library to the proper election authorities who shall submit the
24question at a regular election in accordance with the general
25election law.

 

 

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1    The petition shall specify the maximum library tax rate, if
2the rate is to be in excess of .15%. In no case shall the rate
3specified in the petition be in excess of .60% of the value as
4equalized and assessed by the Department of Revenue. The
5proposition shall be in substantially the following form:
6-------------------------------------------------------------
7    Shall a public library be established    YES
8and maintained in (name of incorporated  --------------------
9town, village or township)?                  NO
10-------------------------------------------------------------
11    If the petition specified a maximum tax rate in excess of
12the statutory maximum tax rate of .15%, the proposition shall
13be in substantially the following form:
14-------------------------------------------------------------
15    Shall a public library be
16established and maintained in (name of
17incorporated town, village or township),     YES
18with a maximum annual public library tax --------------------
19rate at. % of the value of all taxable       NO
20property as equalized and assessed by the
21Department of Revenue?
22-------------------------------------------------------------
23    If the majority of all votes cast in the incorporated town,
24village or township on the proposition are in favor of a public
25library, an annual tax may be levied for the establishment and
26maintenance of such library, subject to the limitations of

 

 

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1Article 3.
2(Source: P.A. 94-681, eff. 11-3-05.)
 
3    (75 ILCS 5/2-6)  (from Ch. 81, par. 2-6)
4    Sec. 2-6. A public library established by any city, village
5or incorporated town under this Act may be disestablished if
6the library has no bonded indebtedness and the municipality is
7wholly included within a township which has a library
8established under this Act. Disestablishment may be effected by
9a three-fourths vote of the corporate authorities of the city,
10village, or incorporated town. The corporate authorities must
11hold at least one public hearing on the matter not less than 15
12nor more than 30 days before the corporate authorities consider
13the disestablishment. in the following manner:
14    When 25% but not less than 100 of the voters of the city,
15village, or incorporated town present a petition to the clerk
16thereof asking for the disestablishment of the public library,
17the clerk shall certify the question of whether or not the
18public library shall be disestablished to the proper election
19authorities who shall submit the question at a regular election
20in accordance with the general election law. The proposition
21shall be in substantially the following form:
22-------------------------------------------------------------
23    Shall the ........            YES
24library be                   --------------------------------
25disestablished?                   NO

 

 

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1-------------------------------------------------------------
2    If a majority of the votes cast upon the proposition are in
3favor thereof, the library shall be disestablished. If less
4than a majority of the votes are in favor of the proposition,
5the disestablishment shall not occur.
6    If the disestablishment is authorized under this Section,
7the board of trustees of the library shall immediately proceed
8to close up the business of the library. If a vacancy occurs on
9the board before all of the business affairs are completed, the
10vacancy shall not be filled except that if all positions become
11vacant, the corporate authorities of the incorporated town,
12village, or city concerned shall act as the board to close up
13the business of the library. In closing up the affairs of the
14library, the board shall sell all property and equipment of the
15library and pay all debts and obligations; however, if the
16city, village or incorporated town whose public library is
17being disestablished is wholly within a township or townships
18having a township library or township libraries, the board or
19boards of which agree to assume all debts and obligations of
20the library being disestablished, all remaining property and
21equipment may be transferred to the township library.
22(Source: P.A. 84-770.)
 
23    (75 ILCS 5/3-5)  (from Ch. 81, par. 3-5)
24    Sec. 3-5. The library taxes provided for in this Act shall
25be levied by the corporate authorities in the amounts

 

 

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1determined by the board and collected in like manner with other
2general taxes of the city, village, incorporated town or
3township and the proceeds shall be deposited in a special fund,
4which shall be known as the library fund. If the tax levy for
5library purposes is increased by a greater percentage than the
6percentage increase in the aggregate of all other corporate tax
7levies from the preceding fiscal year, then the corporate
8authorities may lower the levy for library purposes to a level
9no lower than the percentage increase for the aggregate of all
10other corporate tax levies from the preceding fiscal year. In
11townships and in cities, villages and incorporated towns having
12a population of 50,000 or less the proceeds of any such tax
13shall be paid over by the officer charged with the collection
14thereof to the board of trustees of the library. Expenditures
15from the library fund shall be under the direction of the board
16of library trustees.
17(Source: P.A. 84-770.)
 
18    (75 ILCS 5/4-18 new)
19    Sec. 4-18. Dissolution of the board of library trustees.
20The board of library trustees of a city, village, incorporated
21town, or township may be dissolved by a three-fourths vote of
22the corporate authorities of that city, village, incorporated
23town, or township. Before dissolving the board of library
24trustees, the corporate authorities must hold at least one
25public hearing on the matter not less than 15 nor more than 30

 

 

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1days before the corporate authorities consider the
2dissolution. If the board of library trustees is dissolved,
3then the corporate authorities must appoint a 7-member advisory
4library board. The members of the advisory library board shall
5be appointed by the mayor or village president, as applicable,
6with the advice and consent of the city council or village
7board of trustees. Members of the advisory library board shall
8serve for 4-year terms. If the library board of trustees is
9dissolved, then the corporate authorities shall assume the
10powers of the board of library trustees pursuant to this Act,
11but may delegate any powers to the advisory library board with
12the exception of the power to levy a tax, appropriate money,
13appoint and fix the compensation of library employees, or
14acquire and sell property.
 
15    (75 ILCS 5/2-3 rep.)
16    Section 10. The Illinois Local Library Act is amended by
17repealing Section 2-3.".