Full Text of HB2823 97th General Assembly
HB2823ham001 97TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 3/29/2011
| | 09700HB2823ham001 | | LRB097 09405 HLH 53381 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2823
| 2 | | AMENDMENT NO. ______. Amend House Bill 2823 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Local Library Act is amended by by | 5 | | changing Sections 2-1, 2-2, 2-6, and 3-5 and by adding Section | 6 | | 4-18 as follows:
| 7 | | (75 ILCS 5/2-1) (from Ch. 81, par. 2-1)
| 8 | | Sec. 2-1.
To provide local public institutions of general | 9 | | education for
citizens of Illinois, the corporate authorities | 10 | | of any city may , by an ordinance adopted by a three-fourths | 11 | | vote of the corporate authorities, establish
and maintain a | 12 | | public library for the use and benefit of the residents of
the | 13 | | city and may, subject to the limitations of Article 3, levy a | 14 | | tax for
library purposes. The corporate authorities must hold | 15 | | at least one public hearing on the matter not less than 15 nor | 16 | | more than 30 days before the corporate authorities consider the |
| | | 09700HB2823ham001 | - 2 - | LRB097 09405 HLH 53381 a |
|
| 1 | | establishment of the library.
| 2 | | (Source: P.A. 84-770.)
| 3 | | (75 ILCS 5/2-2) (from Ch. 81, par. 2-2)
| 4 | | Sec. 2-2. To provide local public institutions of general | 5 | | education
for citizens of Illinois, the citizens residing in a | 6 | | village, incorporated
town or township without local library | 7 | | service may establish and maintain a
public library for the use | 8 | | and benefit of the residents of the respective
village, | 9 | | incorporated town or township as herein provided.
| 10 | | Upon the adoption of an ordinance by the governing body of | 11 | | an incorporated town, village, or township by a three-fourths | 12 | | vote, a public library may be established and an annual
tax may | 13 | | be levied for the establishment and maintenance of that | 14 | | library,
subject to the limitations of Article 3. The corporate | 15 | | authorities must hold at least one public hearing on the matter | 16 | | not less than 15 nor more than 30 days before the corporate | 17 | | authorities consider the establishment of the library. or when | 18 | | 100 legal voters of any incorporated town, village or
township | 19 | | present a petition to the clerk thereof asking for the
| 20 | | establishment and maintenance of a public library in such
| 21 | | incorporated town, village or township, the clerk shall certify | 22 | | the question of
whether to establish and maintain a public | 23 | | library to the proper election
authorities who shall submit the | 24 | | question at a regular election in accordance
with the general | 25 | | election law.
|
| | | 09700HB2823ham001 | - 3 - | LRB097 09405 HLH 53381 a |
|
| 1 | | The petition shall specify the maximum library tax rate, if | 2 | | the rate
is to be in excess of .15%. In no case shall the rate | 3 | | specified in the
petition be in excess of .60% of the value as | 4 | | equalized and assessed by
the Department of Revenue. The | 5 | | proposition shall be in
substantially the following form:
| 6 | | -------------------------------------------------------------
| 7 | | Shall a public library be established YES
| 8 | | and maintained in (name of incorporated --------------------
| 9 | | town, village or township)? NO
| 10 | | -------------------------------------------------------------
| 11 | | If the petition specified a maximum tax rate in excess of | 12 | | the
statutory maximum tax rate of .15%, the proposition shall | 13 | | be in
substantially the following form:
| 14 | | -------------------------------------------------------------
| 15 | | Shall a public library be
| 16 | | established and maintained in (name of
| 17 | | incorporated town, village or township), YES
| 18 | | with a maximum annual public library tax --------------------
| 19 | | rate at. % of the value of all taxable NO
| 20 | | property as equalized and assessed by the
| 21 | | Department of Revenue?
| 22 | | -------------------------------------------------------------
| 23 | | If the majority of all votes cast in the incorporated town, | 24 | | village or
township on the proposition are in favor of a public | 25 | | library, an annual
tax may be levied for the establishment and | 26 | | maintenance of such library,
subject to the limitations of |
| | | 09700HB2823ham001 | - 4 - | LRB097 09405 HLH 53381 a |
|
| 1 | | Article 3.
| 2 | | (Source: P.A. 94-681, eff. 11-3-05.)
| 3 | | (75 ILCS 5/2-6) (from Ch. 81, par. 2-6)
| 4 | | Sec. 2-6.
A public library established by any city, village | 5 | | or
incorporated town under this Act may be disestablished if | 6 | | the library has
no bonded indebtedness and the municipality is | 7 | | wholly included within a
township which has a library | 8 | | established under this Act. Disestablishment
may be effected by | 9 | | a three-fourths vote of the corporate authorities of the city, | 10 | | village, or incorporated town. The corporate authorities must | 11 | | hold at least one public hearing on the matter not less than 15 | 12 | | nor more than 30 days before the corporate authorities consider | 13 | | the disestablishment. in the following manner:
| 14 | | When 25% but not less than 100 of the voters of the city, | 15 | | village, or
incorporated town present a petition to the clerk | 16 | | thereof asking for the
disestablishment of the public library, | 17 | | the clerk shall certify the
question of whether or not the | 18 | | public library shall be disestablished to
the proper election | 19 | | authorities who shall submit the question at a regular
election | 20 | | in accordance with the general election law. The proposition
| 21 | | shall be in substantially the following form:
| 22 | | -------------------------------------------------------------
| 23 | | Shall the ........ YES
| 24 | | library be --------------------------------
| 25 | | disestablished? NO
|
| | | 09700HB2823ham001 | - 5 - | LRB097 09405 HLH 53381 a |
|
| 1 | | -------------------------------------------------------------
| 2 | | I f a majority of the votes cast upon the proposition are in | 3 | | favor thereof,
the library shall be disestablished. If less | 4 | | than a majority of the votes
are in favor of the proposition, | 5 | | the disestablishment shall not occur.
| 6 | | If the disestablishment is authorized under this Section, | 7 | | the board
of trustees of the library shall immediately proceed | 8 | | to close up the business
of the library. If a vacancy occurs on | 9 | | the board before all of the business
affairs are completed, the | 10 | | vacancy shall not be filled except that if all
positions become | 11 | | vacant, the corporate authorities of the incorporated town,
| 12 | | village, or city concerned shall act as the board to close up | 13 | | the business
of the library. In closing up the affairs of the | 14 | | library, the board shall
sell all property and equipment of the | 15 | | library and pay all debts and obligations;
however, if the | 16 | | city, village or incorporated town whose public library
is | 17 | | being disestablished is wholly within a township or townships | 18 | | having a
township library or township libraries, the board or | 19 | | boards of which agree
to assume all debts and obligations of | 20 | | the library being disestablished, all
remaining property and | 21 | | equipment may be transferred to the township library.
| 22 | | (Source: P.A. 84-770 .)
| 23 | | (75 ILCS 5/3-5) (from Ch. 81, par. 3-5)
| 24 | | Sec. 3-5.
The library taxes provided for in this Act shall | 25 | | be levied by the
corporate authorities in the amounts |
| | | 09700HB2823ham001 | - 6 - | LRB097 09405 HLH 53381 a |
|
| 1 | | determined by the board and collected
in like manner with other | 2 | | general taxes of the city, village, incorporated
town or | 3 | | township and the proceeds shall be deposited in a special fund,
| 4 | | which shall be known as the library fund. If the tax levy for | 5 | | library purposes is increased by a greater percentage than the | 6 | | percentage increase in the aggregate of all other corporate tax | 7 | | levies from the preceding fiscal year, then the corporate | 8 | | authorities may lower the levy for library purposes to a level | 9 | | no lower than the percentage increase for the aggregate of all | 10 | | other corporate tax levies from the preceding fiscal year. In | 11 | | townships and in cities,
villages and incorporated towns having | 12 | | a population of 50,000 or less the
proceeds of any such tax | 13 | | shall be paid over by the officer charged with the
collection | 14 | | thereof to the board of trustees of the library. Expenditures
| 15 | | from the library fund shall be under the direction of the board | 16 | | of library
trustees.
| 17 | | (Source: P.A. 84-770.)
| 18 | | (75 ILCS 5/4-18 new) | 19 | | Sec. 4-18. Dissolution of the board of library trustees. | 20 | | The board of library trustees of a city, village, incorporated | 21 | | town, or township may be dissolved by a three-fourths vote of | 22 | | the corporate authorities of that city, village, incorporated | 23 | | town, or township. Before dissolving the board of library | 24 | | trustees, the corporate authorities must hold at least one | 25 | | public hearing on the matter not less than 15 nor more than 30 |
| | | 09700HB2823ham001 | - 7 - | LRB097 09405 HLH 53381 a |
|
| 1 | | days before the corporate authorities consider the | 2 | | dissolution. If the board of library trustees is dissolved, | 3 | | then the corporate authorities must appoint a 7-member advisory | 4 | | library board. The members of the advisory library board shall | 5 | | be appointed by the mayor or village president, as applicable, | 6 | | with the advice and consent of the city council or village | 7 | | board of trustees. Members of the advisory library board shall | 8 | | serve for 4-year terms. If the library board of trustees is | 9 | | dissolved, then the corporate authorities shall assume the | 10 | | powers of the board of library trustees pursuant to this Act, | 11 | | but may delegate any powers to the advisory library board with | 12 | | the exception of the power to levy a tax, appropriate money, | 13 | | appoint and fix the compensation of library employees, or | 14 | | acquire and sell property.
| 15 | | (75 ILCS 5/2-3 rep.)
| 16 | | Section 10. The Illinois Local Library Act is amended by | 17 | | repealing Section 2-3.".
|
|