Full Text of HB2823 97th General Assembly
HB2823ham002 97TH GENERAL ASSEMBLY | Rep. Dwight Kay Filed: 4/5/2011
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| 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 | 5 | | changing Section 3-5 and by adding Sections 4-18, 4-18.1, and | 6 | | 4-18.2 as follows:
| 7 | | (75 ILCS 5/3-5) (from Ch. 81, par. 3-5)
| 8 | | Sec. 3-5.
The library taxes provided for in this Act shall | 9 | | be levied by the
corporate authorities in the amounts | 10 | | determined by the board and collected
in like manner with other | 11 | | general taxes of the city, village, incorporated
town or | 12 | | township and the proceeds shall be deposited in a special fund,
| 13 | | which shall be known as the library fund. If the tax levy for | 14 | | library purposes is increased by a greater percentage than the | 15 | | percentage increase in the aggregate of all other corporate tax | 16 | | levies from the proceeding fiscal year, then the corporate |
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| 1 | | authorities may lower the levy for library purposes to a level | 2 | | no lower than the percentage increase for the aggregate of all | 3 | | other corporate tax levies from the preceding fiscal year. In | 4 | | townships and in cities,
villages and incorporated towns having | 5 | | a population of 50,000 or less the
proceeds of any such tax | 6 | | shall be paid over by the officer charged with the
collection | 7 | | thereof to the board of trustees of the library. Expenditures
| 8 | | from the library fund shall be under the direction of the board | 9 | | of library
trustees.
| 10 | | (Source: P.A. 84-770.)
| 11 | | (75 ILCS 5/4-18 new) | 12 | | Sec. 4-18. Dissolution of the board of library trustees. | 13 | | The board of library trustees of a city, village, incorporated | 14 | | town, or township may be dissolved by an ordinance adopted by | 15 | | an affirmative vote of three-fourths of the corporate | 16 | | authorities then holding office. Before dissolving the board of | 17 | | library trustees, the corporate authorities must hold at least | 18 | | one public hearing on the matter not less than 15 nor more than | 19 | | 30 days before the corporate authorities consider the | 20 | | dissolution. If the board of library trustees is dissolved, | 21 | | then a 7-member advisory library board must be established by | 22 | | the corporate authorities. The members of the advisory library | 23 | | board shall be appointed by the mayor, village president, or | 24 | | township executive officer, as applicable, with the advice and | 25 | | consent of the city council, village board of trustees, or |
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| 1 | | township board. Members of the advisory library board shall | 2 | | serve for a term of 4 years. Of the members initially appointed | 3 | | to the advisory library board, 4 of the members shall initially | 4 | | be appointed to serve a term of 2 years and 3 of the members | 5 | | shall initially appointed to serve a term of 4 years. If the | 6 | | board of library trustees is dissolved, the corporate | 7 | | authorities shall assume the powers of the board of library | 8 | | trustees pursuant to this Act, but may delegate any powers to | 9 | | the advisory library board with the exception of the power to | 10 | | levy a tax, appropriate money, appoint and fix the compensation | 11 | | of library employees, or acquire and sell property. | 12 | | (75 ILCS 5/4-18.1 new) | 13 | | Sec. 4-18.1. Ordinance for dissolution of library board; | 14 | | publication; effective date. After the ordinance providing for | 15 | | the dissolution of the library board of trustees has been | 16 | | passed, it shall be published at least twice within 30 days | 17 | | after its passage in one or more newspapers published in the | 18 | | municipality, or, if no newspaper is published in the | 19 | | municipality, then in one or more newspapers with a general | 20 | | circulation within the municipality. In municipalities with | 21 | | fewer than 500 inhabitants in which no newspaper is published, | 22 | | publication may instead be made by posting a notice in 3 | 23 | | prominent places within the municipality. The ordinance shall | 24 | | not become effective until 30 days after its second | 25 | | publication. The notice shall include (i) the specific number |
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| 1 | | of voters required to sign the petition under Section 14-8.2, | 2 | | (ii) the time in which the petition specified in Section 14-8.2 | 3 | | must be filed, and (iii) the date of the prospective referendum | 4 | | under Section 14-8.2. | 5 | | (75 ILCS 5/4-18.2 new) | 6 | | Sec. 4-18.2. Referendum. Whenever a petition signed by the | 7 | | electors of any municipality that has adopted an ordinance | 8 | | pursuant to the powers granted in Section 4-18 of this Act | 9 | | equal in number to 10% or more of the total number of | 10 | | registered voters in the municipality is filed with municipal | 11 | | clerk of that municipality within 30 days after the second | 12 | | publication of the notice required in Section 4-18.1 of this | 13 | | Act, the corporate authorities shall order the submission of | 14 | | the question to the municipal electors and designate the | 15 | | election at which the question shall be submitted. The | 16 | | municipal clerk shall certify the question to the proper | 17 | | election authority. The municipal clerk shall provide a | 18 | | petition form to any individual requesting one. | 19 | | The proposition shall be substantially in the following | 20 | | form: | 21 | | Shall the city council (or board of trustees,
etc.) of | 22 | | (name of municipality) be authorized
to dissolve the | 23 | | library board of trustees? | 24 | | Votes shall be recorded as "Yes" or "No". If a majority of | 25 | | the votes cast on the questions are in favor of the |
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| 1 | | proposition, the corporate authorities shall have the | 2 | | authority granted to them by Section 4-18. ".
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