Rep. Dwight Kay

Filed: 4/5/2011

 

 


 

 


 
09700HB2823ham002LRB097 09405 HLH 53842 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
5changing Section 3-5 and by adding Sections 4-18, 4-18.1, and
64-18.2 as follows:
 
7    (75 ILCS 5/3-5)  (from Ch. 81, par. 3-5)
8    Sec. 3-5. The library taxes provided for in this Act shall
9be levied by the corporate authorities in the amounts
10determined by the board and collected in like manner with other
11general taxes of the city, village, incorporated town or
12township and the proceeds shall be deposited in a special fund,
13which shall be known as the library fund. If the tax levy for
14library purposes is increased by a greater percentage than the
15percentage increase in the aggregate of all other corporate tax
16levies from the proceeding fiscal year, then the corporate

 

 

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1authorities may lower the levy for library purposes to a level
2no lower than the percentage increase for the aggregate of all
3other corporate tax levies from the preceding fiscal year. In
4townships and in cities, villages and incorporated towns having
5a population of 50,000 or less the proceeds of any such tax
6shall be paid over by the officer charged with the collection
7thereof to the board of trustees of the library. Expenditures
8from the library fund shall be under the direction of the board
9of library trustees.
10(Source: P.A. 84-770.)
 
11    (75 ILCS 5/4-18 new)
12    Sec. 4-18. Dissolution of the board of library trustees.
13The board of library trustees of a city, village, incorporated
14town, or township may be dissolved by an ordinance adopted by
15an affirmative vote of three-fourths of the corporate
16authorities then holding office. Before dissolving the board of
17library trustees, the corporate authorities must hold at least
18one public hearing on the matter not less than 15 nor more than
1930 days before the corporate authorities consider the
20dissolution. If the board of library trustees is dissolved,
21then a 7-member advisory library board must be established by
22the corporate authorities. The members of the advisory library
23board shall be appointed by the mayor, village president, or
24township executive officer, as applicable, with the advice and
25consent of the city council, village board of trustees, or

 

 

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1township board. Members of the advisory library board shall
2serve for a term of 4 years. Of the members initially appointed
3to the advisory library board, 4 of the members shall initially
4be appointed to serve a term of 2 years and 3 of the members
5shall initially appointed to serve a term of 4 years. If the
6board of library trustees is dissolved, the corporate
7authorities shall assume the powers of the board of library
8trustees pursuant to this Act, but may delegate any powers to
9the advisory library board with the exception of the power to
10levy a tax, appropriate money, appoint and fix the compensation
11of library employees, or acquire and sell property.
 
12    (75 ILCS 5/4-18.1 new)
13    Sec. 4-18.1. Ordinance for dissolution of library board;
14publication; effective date. After the ordinance providing for
15the dissolution of the library board of trustees has been
16passed, it shall be published at least twice within 30 days
17after its passage in one or more newspapers published in the
18municipality, or, if no newspaper is published in the
19municipality, then in one or more newspapers with a general
20circulation within the municipality. In municipalities with
21fewer than 500 inhabitants in which no newspaper is published,
22publication may instead be made by posting a notice in 3
23prominent places within the municipality. The ordinance shall
24not become effective until 30 days after its second
25publication. The notice shall include (i) the specific number

 

 

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1of voters required to sign the petition under Section 14-8.2,
2(ii) the time in which the petition specified in Section 14-8.2
3must be filed, and (iii) the date of the prospective referendum
4under Section 14-8.2.
 
5    (75 ILCS 5/4-18.2 new)
6    Sec. 4-18.2. Referendum. Whenever a petition signed by the
7electors of any municipality that has adopted an ordinance
8pursuant to the powers granted in Section 4-18 of this Act
9equal in number to 10% or more of the total number of
10registered voters in the municipality is filed with municipal
11clerk of that municipality within 30 days after the second
12publication of the notice required in Section 4-18.1 of this
13Act, the corporate authorities shall order the submission of
14the question to the municipal electors and designate the
15election at which the question shall be submitted. The
16municipal clerk shall certify the question to the proper
17election authority. The municipal clerk shall provide a
18petition form to any individual requesting one.
19    The proposition shall be substantially in the following
20form:
21        Shall the city council (or board of trustees, etc.) of
22    (name of municipality) be authorized to dissolve the
23    library board of trustees?
24    Votes shall be recorded as "Yes" or "No". If a majority of
25the votes cast on the questions are in favor of the

 

 

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1proposition, the corporate authorities shall have the
2authority granted to them by Section 4-18.".