Full Text of HB4073 102nd General Assembly
HB4073sam003 102ND GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 11/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4073
| 2 | | AMENDMENT NO. ______. Amend House Bill 4073, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Decennial Committees on Local Government | 6 | | Efficiency Act is amended by changing Sections 5, 10, and 20 as | 7 | | follows: | 8 | | (50 ILCS 70/5)
| 9 | | Sec. 5. Definition. As used in this Act : , | 10 | | "Governing board" means the governing body of a | 11 | | governmental unit. If the governmental unit is a road | 12 | | district, then "governing board" means the governing body of | 13 | | the road district, as provided in Division 1 of Article 6 of | 14 | | the Illinois Highway Code, including, but not limited to, the | 15 | | highway board of auditors, the township board of trustees, the | 16 | | city council, the municipal president and board of trustees, |
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| 1 | | or the county board, as applicable. | 2 | | " Governmental unit" means governmental unit" includes all | 3 | | units of local government that may levy any tax, except | 4 | | municipalities and counties. "Governmental unit" does not | 5 | | include any governmental entity that is not a unit of local | 6 | | government, as that term is defined in Section 1 of Article VII | 7 | | of the Illinois Constitution, including school districts.
| 8 | | (Source: P.A. 102-1088, eff. 6-10-22.) | 9 | | (50 ILCS 70/10)
| 10 | | Sec. 10. Formation of committee; members; vacancy; | 11 | | administrative support.
| 12 | | (a) By no later than one year after June 10, 2022 ( Within | 13 | | one year after the effective date of this Act ) and at least | 14 | | once every 10 years after June 10, 2022 thereafter , each | 15 | | governmental unit must form a committee to study local | 16 | | efficiencies and report recommendations regarding efficiencies | 17 | | and increased accountability to the county board in which the | 18 | | governmental unit is located. | 19 | | (b) Each committee's membership shall include the elected | 20 | | or appointed members of the governing board of the | 21 | | governmental unit; at least 2 residents within the territory | 22 | | served by of the governmental unit, who are appointed by the | 23 | | chair of the governing board of the governmental unit , with | 24 | | the advice and consent of the governing board; and any chief | 25 | | executive officer or other officer of the governmental unit. |
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| 1 | | The committee shall be chaired by the president or chief | 2 | | elected or appointed official of the governing board of the | 3 | | governmental unit, or his or her designee. The chairperson may | 4 | | appoint additional members to the committee as the chairperson | 5 | | he or she deems appropriate. | 6 | | Committee members shall serve without compensation but may | 7 | | be reimbursed by the governmental unit for their expenses | 8 | | incurred in performing their duties. | 9 | | (c) A committee may employ or use the services of | 10 | | specialists in public administration and governmental | 11 | | management and any other trained consultants, analysts, | 12 | | investigators, and assistants it considers appropriate, and it | 13 | | may seek assistance from community colleges and universities | 14 | | as necessary to prepare the report required under Section 25. | 15 | | (d) If a vacancy occurs in the committee membership, the | 16 | | vacancy shall be filled in the same manner as the appointments | 17 | | under subsection (b). | 18 | | (e) Each governmental unit shall provide administrative | 19 | | and other support to its committee.
| 20 | | (Source: P.A. 102-1088, eff. 6-10-22.) | 21 | | (50 ILCS 70/20)
| 22 | | Sec. 20. Meetings. Each committee shall meet at least 3 | 23 | | times. The committee may meet during a regularly scheduled | 24 | | meeting of the governmental unit as long as: (1) separate | 25 | | notice is given in conformance with the Open Meetings Act; (2) |
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| 1 | | the committee meeting is listed as part of the governing | 2 | | board's board of the governmental unit's agenda; and (3) at | 3 | | least a majority of the members of the committee are present at | 4 | | the committee's meeting. Each meeting of the committee shall | 5 | | be public, and the committee shall provide an opportunity for | 6 | | any person to be heard at the public hearings for at least 3 | 7 | | minutes. The committee may require speakers to register. The | 8 | | committee shall meet in accordance with the Open Meetings Act, | 9 | | and the committee shall be a public body to which the Freedom | 10 | | of Information Act applies. | 11 | | At the conclusion of each meeting, the committee shall | 12 | | conduct a survey of residents who attended asking for input on | 13 | | the matters discussed at the meeting.
| 14 | | (Source: P.A. 102-1088, eff. 6-10-22.) | 15 | | Section 10. The State Mandates Act is amended by adding | 16 | | Section 8.47 as follows: | 17 | | (30 ILCS 805/8.47 new) | 18 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 19 | | 8 of this Act, no reimbursement by the State is required for | 20 | | the implementation of any mandate created by the Decennial | 21 | | Committees on Local Government Efficiency Act. | 22 | | Section 15. The Public Library District Act of 1991 is | 23 | | amended by changing Sections 30-25 and 30-40 as follows:
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| 1 | | (75 ILCS 16/30-25)
| 2 | | Sec. 30-25. Vacancies.
| 3 | | (a) Vacancies shall be
declared in the office of trustee | 4 | | by the board
when an elected or appointed trustee (i) | 5 | | declines,
fails, or is unable to serve, (ii)
becomes a | 6 | | nonresident of the district, (iii) is convicted of a
| 7 | | misdemeanor by failing, neglecting, or refusing to discharge | 8 | | any duty
imposed upon him or her by this Act, or (iv) has
| 9 | | failed to pay the library taxes levied by the
district. | 10 | | Absence without cause from all regular board meetings for a
| 11 | | period of one year shall be a basis for declaring a vacancy.
| 12 | | (b) All vacancies
shall be filled by appointment by the | 13 | | remaining trustees until the next
regular library election, at | 14 | | which time a trustee shall be elected
for the remainder of the | 15 | | unexpired term. If, however, the vacancy occurs
with less than | 16 | | 28 months remaining in the term, and if the vacancy occurs
less | 17 | | than 88 days before the next regular scheduled election for | 18 | | this
office, then the person so appointed shall serve the | 19 | | remainder of the
unexpired term and no election to fill the | 20 | | vacancy shall be held. If the
vacancy is in the office of a | 21 | | trustee of a library district with an
appointed board, the | 22 | | vacancy shall be filled by appointment by the remaining
| 23 | | trustees. Vacancies shall be filled within 90 days after a | 24 | | vacancy has been declared. If the trustees fail to appoint a | 25 | | new member within 90 days after a vacancy has been declared, |
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| 1 | | the State Librarian shall appoint an individual to fill the | 2 | | vacancy within 60 days after the trustees have failed to fill | 3 | | the vacancy. If the State Librarian fails to fill the vacancy | 4 | | within the 60 days after the trustees have failed to fill the | 5 | | vacancy, the vacancy shall be filled at the next regularly | 6 | | scheduled election. Notwithstanding any other provision of | 7 | | this Section, if a vacancy occurred prior to May 27, 2022 and | 8 | | that vacancy has not been filled by the trustees before the | 9 | | effective date of this amendatory Act of the 102nd General | 10 | | Assembly, the State Librarian shall fill the vacancy within 60 | 11 | | days after the effective date of this amendatory Act of the | 12 | | 102nd General Assembly.
| 13 | | (Source: P.A. 102-977, eff. 5-27-22.)
| 14 | | (75 ILCS 16/30-40)
| 15 | | Sec. 30-40. Organization of board; qualification
and oath | 16 | | of trustees. | 17 | | (a) Within 74 days after their election or appointment, | 18 | | the incumbent
and new trustees shall take their oath of office | 19 | | as prescribed by law
and meet to organize
the board.
| 20 | | (b) The first action taken at the meeting shall be the | 21 | | election
of a president, a vice-president, a secretary, and a
| 22 | | treasurer from among the trustees.
The secretary shall then | 23 | | record the membership of the
board. The board may, instead of | 24 | | electing a treasurer from among the trustees, by majority vote | 25 | | of the board, appoint and fix the compensation of a qualified |
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| 1 | | treasurer that is not a trustee of the board.
| 2 | | (c) Trustees
duly elected or appointed as certified by the | 3 | | appropriate election
authority or appointing authority shall | 4 | | be qualified to serve as trustees under this Act. The required | 5 | | oath shall be taken and subscribed
before a notary public or | 6 | | the secretary of the board.
| 7 | | (d) Within 60 days after the organization of the board, | 8 | | the secretary shall file, with the county
clerk of the county | 9 | | containing all or a larger portion of the district
and with the | 10 | | Illinois State Librarian, a statement listing the names and | 11 | | addresses
of the trustees and officers and their respective | 12 | | terms in office.
The secretary shall report a vacancy on the | 13 | | board to the county clerk and
the State Librarian within 60 | 14 | | days after it occurs and shall report the
filling of a vacancy | 15 | | within 60 days after it is filled.
| 16 | | (e) The first officers shall serve until the next regular | 17 | | election
of trustees. Thereafter, officers shall serve for | 18 | | terms set by ordinance
but not to exceed 2 years, ending on the
| 19 | | third Monday of the month
following each regular election or | 20 | | until their successors are duly elected
by the board. A | 21 | | vacancy in any office shall be filled by the board for the
| 22 | | unexpired term under Section 30-25 .
| 23 | | (Source: P.A. 102-977, eff. 5-27-22.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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