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,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Decennial Committees on Local Government
6Efficiency Act is amended by changing Sections 5, 10, and 20 as
7follows:
 
8    (50 ILCS 70/5)
9    Sec. 5. Definition. As used in this Act: ,
10    "Governing board" means the governing body of a
11governmental unit. If the governmental unit is a road
12district, then "governing board" means the governing body of
13the road district, as provided in Division 1 of Article 6 of
14the Illinois Highway Code, including, but not limited to, the
15highway board of auditors, the township board of trustees, the
16city council, the municipal president and board of trustees,

 

 

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1or the county board, as applicable.
2    "Governmental unit" means governmental unit" includes all
3units of local government that may levy any tax, except
4municipalities and counties. "Governmental unit" does not
5include any governmental entity that is not a unit of local
6government, as that term is defined in Section 1 of Article VII
7of 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;
11administrative support.
12    (a) By no later than one year after June 10, 2022 ( Within
13one year after the effective date of this Act) and at least
14once every 10 years after June 10, 2022 thereafter, each
15governmental unit must form a committee to study local
16efficiencies and report recommendations regarding efficiencies
17and increased accountability to the county board in which the
18governmental unit is located.
19    (b) Each committee's membership shall include the elected
20or appointed members of the governing board of the
21governmental unit; at least 2 residents within the territory
22served by of the governmental unit, who are appointed by the
23chair of the governing board of the governmental unit, with
24the advice and consent of the governing board; and any chief
25executive officer or other officer of the governmental unit.

 

 

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1The committee shall be chaired by the president or chief
2elected or appointed official of the governing board of the
3governmental unit, or his or her designee. The chairperson may
4appoint additional members to the committee as the chairperson
5he or she deems appropriate.
6    Committee members shall serve without compensation but may
7be reimbursed by the governmental unit for their expenses
8incurred in performing their duties.
9    (c) A committee may employ or use the services of
10specialists in public administration and governmental
11management and any other trained consultants, analysts,
12investigators, and assistants it considers appropriate, and it
13may seek assistance from community colleges and universities
14as necessary to prepare the report required under Section 25.
15    (d) If a vacancy occurs in the committee membership, the
16vacancy shall be filled in the same manner as the appointments
17under subsection (b).
18    (e) Each governmental unit shall provide administrative
19and 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
23times. The committee may meet during a regularly scheduled
24meeting of the governmental unit as long as: (1) separate
25notice is given in conformance with the Open Meetings Act; (2)

 

 

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1the committee meeting is listed as part of the governing
2board's board of the governmental unit's agenda; and (3) at
3least a majority of the members of the committee are present at
4the committee's meeting. Each meeting of the committee shall
5be public, and the committee shall provide an opportunity for
6any person to be heard at the public hearings for at least 3
7minutes. The committee may require speakers to register. The
8committee shall meet in accordance with the Open Meetings Act,
9and the committee shall be a public body to which the Freedom
10of Information Act applies.
11    At the conclusion of each meeting, the committee shall
12conduct a survey of residents who attended asking for input on
13the 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
16Section 8.47 as follows:
 
17    (30 ILCS 805/8.47 new)
18    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
198 of this Act, no reimbursement by the State is required for
20the implementation of any mandate created by the Decennial
21Committees on Local Government Efficiency Act.
 
22    Section 15. The Public Library District Act of 1991 is
23amended 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
4by the board when an elected or appointed trustee (i)
5declines, fails, or is unable to serve, (ii) becomes a
6nonresident of the district, (iii) is convicted of a
7misdemeanor by failing, neglecting, or refusing to discharge
8any duty imposed upon him or her by this Act, or (iv) has
9failed to pay the library taxes levied by the district.
10Absence without cause from all regular board meetings for a
11period of one year shall be a basis for declaring a vacancy.
12    (b) All vacancies shall be filled by appointment by the
13remaining trustees until the next regular library election, at
14which time a trustee shall be elected for the remainder of the
15unexpired term. If, however, the vacancy occurs with less than
1628 months remaining in the term, and if the vacancy occurs less
17than 88 days before the next regular scheduled election for
18this office, then the person so appointed shall serve the
19remainder of the unexpired term and no election to fill the
20vacancy shall be held. If the vacancy is in the office of a
21trustee of a library district with an appointed board, the
22vacancy shall be filled by appointment by the remaining
23trustees. Vacancies shall be filled within 90 days after a
24vacancy has been declared. If the trustees fail to appoint a
25new member within 90 days after a vacancy has been declared,

 

 

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1the State Librarian shall appoint an individual to fill the
2vacancy within 60 days after the trustees have failed to fill
3the vacancy. If the State Librarian fails to fill the vacancy
4within the 60 days after the trustees have failed to fill the
5vacancy, the vacancy shall be filled at the next regularly
6scheduled election. Notwithstanding any other provision of
7this Section, if a vacancy occurred prior to May 27, 2022 and
8that vacancy has not been filled by the trustees before the
9effective date of this amendatory Act of the 102nd General
10Assembly, the State Librarian shall fill the vacancy within 60
11days after the effective date of this amendatory Act of the
12102nd 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
16of trustees.
17    (a) Within 74 days after their election or appointment,
18the incumbent and new trustees shall take their oath of office
19as prescribed by law and meet to organize the board.
20    (b) The first action taken at the meeting shall be the
21election of a president, a vice-president, a secretary, and a
22treasurer from among the trustees. The secretary shall then
23record the membership of the board. The board may, instead of
24electing a treasurer from among the trustees, by majority vote
25of the board, appoint and fix the compensation of a qualified

 

 

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1treasurer that is not a trustee of the board.
2    (c) Trustees duly elected or appointed as certified by the
3appropriate election authority or appointing authority shall
4be qualified to serve as trustees under this Act. The required
5oath shall be taken and subscribed before a notary public or
6the secretary of the board.
7    (d) Within 60 days after the organization of the board,
8the secretary shall file, with the county clerk of the county
9containing all or a larger portion of the district and with the
10Illinois State Librarian, a statement listing the names and
11addresses of the trustees and officers and their respective
12terms in office. The secretary shall report a vacancy on the
13board to the county clerk and the State Librarian within 60
14days after it occurs and shall report the filling of a vacancy
15within 60 days after it is filled.
16    (e) The first officers shall serve until the next regular
17election of trustees. Thereafter, officers shall serve for
18terms set by ordinance but not to exceed 2 years, ending on the
19third Monday of the month following each regular election or
20until their successors are duly elected by the board. A
21vacancy in any office shall be filled by the board for the
22unexpired 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
25becoming law.".