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| 1 | AN ACT concerning libraries.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Local Library Act is amended by | ||||||
| 5 | adding Section 2-7 as follows: | ||||||
| 6 | (75 ILCS 5/2-7 new) | ||||||
| 7 | Sec. 2-7. Dissolution for failure to perform duties. | ||||||
| 8 | (a) If the board of trustees of a public library | ||||||
| 9 | established under this Act has failed to perform its duties and | ||||||
| 10 | functions under this Act, then a petition for dissolution that | ||||||
| 11 | is signed by at least 1% of the electors in the municipality or | ||||||
| 12 | township may be filed with the clerk of the circuit court of | ||||||
| 13 | the county in which the public library, or the predominant | ||||||
| 14 | portion thereof, is located. The petition must (i) clearly | ||||||
| 15 | define the territory embraced in such public library, (ii) set | ||||||
| 16 | forth the name of the public library, and (iii) set forth | ||||||
| 17 | sufficient facts establishing that, within the 3-year period | ||||||
| 18 | immediately prior to the filing of the petition, the board of | ||||||
| 19 | trustees: | ||||||
| 20 | (1) failed to hold regular meetings of the board; | ||||||
| 21 | (2) failed to pass an annual appropriation ordinance or | ||||||
| 22 | to levy taxes for the purposes of the district; or | ||||||
| 23 | (3) failed to perform the duties and functions imposed | ||||||
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| 1 | by law. | ||||||
| 2 | (b) Upon the filing of a petition under subsection (a), the | ||||||
| 3 | circuit judge shall set a date and time for a judicial hearing | ||||||
| 4 | on the petition. At least 20 days prior to the hearing date, | ||||||
| 5 | the clerk of the circuit court shall give notice of the time | ||||||
| 6 | and place of the hearing by publication in one or more daily or | ||||||
| 7 | weekly newspapers having a general circulation within the | ||||||
| 8 | municipality or township. | ||||||
| 9 | (c) If, at the hearing under subsection (b), the circuit | ||||||
| 10 | judge finds that the petition meets the requirements of | ||||||
| 11 | subsection (a) and that the allegations set forth in the | ||||||
| 12 | petition are true, then he or she shall enter an order | ||||||
| 13 | dissolving the public library. If the public library is | ||||||
| 14 | dissolved by the circuit court under this Section, then the | ||||||
| 15 | affairs of the public library must be disposed of in the manner | ||||||
| 16 | as provided in this Act. | ||||||
| 17 | (d) Within 60 days after the effective date of this | ||||||
| 18 | amendatory Act of the 95th General Assembly, the duly elected | ||||||
| 19 | members of a board of trustees of a library established under | ||||||
| 20 | this Act may meet and appoint a sufficient number of persons to | ||||||
| 21 | establish a quorum to conduct business. Those appointed shall | ||||||
| 22 | serve as though elected and hold office only until the next | ||||||
| 23 | regularly scheduled election for library trustee.
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