HB0211 96TH GENERAL ASSEMBLY

LRB096 02852 HLH 12866 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0211

Introduced 1/20/2009, 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. Provides that, within 60 days after the effective date of this amendatory Act, the duly elected members of a board of trustees of a public library may meet and appoint a sufficient number of persons to establish a quorum to conduct business. Provides that those appointed shall serve as though elected and hold office only until the next regularly scheduled election for library trustee. Effective immediately.

A BILL FOR

AN ACT concerning libraries.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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.

Section 99. Effective date. This Act takes effect upon becoming law.