95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4518


 
Introduced , by Rep. Frank J. Mautino
 
SYNOPSIS AS INTRODUCED:
 		













75 ILCS 5/2-7 new










    Amends the Illinois Local Library Act. Sets forth procedures by which a public library may be dissolved by an order of the circuit court for failure to perform its statutory duties and functions. 
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4518

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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 
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adding Section 2-7 as follows:
 
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    (75 ILCS 5/2-7  new)
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    Sec. 2-7. Dissolution for failure to perform duties.
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    (a) If the board of trustees of a public library 
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established under this Act has failed to perform its duties and 
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functions under this Act, then  a petition for dissolution that 
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is signed by at least 1% of the electors in the municipality or 
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township may be filed with the clerk of the circuit court of 
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the county in which the public library, or the predominant 
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portion thereof, is located. The petition must (i) clearly 
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define the territory embraced in such public library, (ii) set 
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forth the name of the public library, and (iii) set forth  
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sufficient facts establishing that, within the 3-year period 
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immediately prior to the filing of the petition, the board of 
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trustees:
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        (1) failed to hold regular meetings of the board;
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        (2) failed to pass an annual appropriation ordinance or 
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    to levy taxes for the purposes of the district; or
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        (3) failed to perform the duties and functions imposed 
 


 






HB4518
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    by law.
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    (b) Upon the filing of a petition under subsection (a), the 
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circuit judge shall set a date and time for a judicial hearing 
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on the petition. At least 20 days prior to the hearing date, 
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the clerk of the circuit court shall give notice of the time 
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and place of the hearing by publication in one or more daily or 
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weekly newspapers having a general circulation within the 
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municipality or township.
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    (c) If, at the hearing under subsection (b),  the circuit 
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judge finds that the petition meets the requirements of 
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subsection (a) and that the allegations set forth in the 
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petition are true, then he or she shall enter an order 
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dissolving the  public library. If the public library is 
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dissolved by the circuit court under this Section, then the 
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affairs of the public library must be disposed of in the manner 
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as provided in this Act.