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Public Act 096-0500 |
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AN ACT concerning libraries.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Local Library Act is amended by | ||||
adding Section 2-7 as follows: | ||||
(75 ILCS 5/2-7 new) | ||||
Sec. 2-7. Dissolution for failure to perform duties. | ||||
(a) If the board of trustees of a public library | ||||
established under this Act has failed to perform its duties and | ||||
functions under this Act, then a petition for dissolution that | ||||
is signed by at least 1% of the electors in the municipality or | ||||
township may be filed with the clerk of the circuit court of | ||||
the county in which the public library, or the predominant | ||||
portion thereof, is located. The petition must (i) clearly | ||||
define the territory embraced in such public library, (ii) set | ||||
forth the name of the public library, and (iii) set forth | ||||
sufficient facts establishing that, within the 3-year period | ||||
immediately prior to the filing of the petition, the board of | ||||
trustees: | ||||
(1) failed to hold regular meetings of the board; | ||||
(2) failed to pass an annual appropriation ordinance or | ||||
to levy taxes for the purposes of the district; or | ||||
(3) failed to perform the duties and functions imposed |
by law. | ||
(b) Upon the filing of a petition under subsection (a), the | ||
circuit judge shall set a date and time for a judicial hearing | ||
on the petition. At least 20 days prior to the hearing date, | ||
the clerk of the circuit court shall give notice of the time | ||
and place of the hearing by publication in one or more daily or | ||
weekly newspapers having a general circulation within the | ||
municipality or township. | ||
(c) If, at the hearing under subsection (b), the circuit | ||
judge finds that the petition meets the requirements of | ||
subsection (a) and that the allegations set forth in the | ||
petition are true, then he or she shall enter an order | ||
dissolving the public library. If the public library is | ||
dissolved by the circuit court under this Section, then the | ||
affairs of the public library must be disposed of in the manner | ||
as provided in this Act. | ||
(d) Within 60 days after the effective date of this | ||
amendatory Act of the 96th General Assembly, the duly elected | ||
members of a board of trustees of a library established under | ||
this Act may meet and appoint a sufficient number of persons to | ||
establish a quorum to conduct business. Those appointed shall | ||
serve as though elected and hold office only until the next | ||
regularly scheduled election for library trustee.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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