Full Text of HB4567 103rd General Assembly
HB4567eng 103RD GENERAL ASSEMBLY | | | HB4567 Engrossed | | LRB103 37112 RLC 67231 b |
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| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Library System Act is amended by | 5 | | changing Sections 3 and 8 as follows: | 6 | | (75 ILCS 10/3) (from Ch. 81, par. 113) | 7 | | Sec. 3. The State Librarian and the Illinois State Library | 8 | | staff shall administer the provisions of this Act and shall | 9 | | prescribe such rules and regulations as are necessary to carry | 10 | | the provisions of this Act into effect. | 11 | | The rules and regulations established by the State | 12 | | Librarian for the administration of this Act shall be designed | 13 | | to achieve the following standards and objectives: | 14 | | (A) to provide A provide library service for every | 15 | | citizen in the State by extending library facilities to | 16 | | areas not now served ; . | 17 | | (B) to provide B provide library materials for student | 18 | | needs at every educational level ; . | 19 | | (C) to provide C provide adequate library materials to | 20 | | satisfy the reference and research needs of the people of | 21 | | this State ; . | 22 | | (D) to provide D provide an adequate staff of | 23 | | professionally trained librarians for the State ; . |
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| 1 | | (E) to adopt E adopt the American Library | 2 | | Association's Library Bill of Rights that indicates | 3 | | materials should not be proscribed or removed because of | 4 | | partisan or doctrinal disapproval or, in the alternative, | 5 | | develop a written statement declaring the inherent | 6 | | authority of the library or library system to provide an | 7 | | adequate collection of books and other materials | 8 | | sufficient in size and varied in kind and subject matter | 9 | | to satisfy the library needs of the people of this State | 10 | | and prohibit the practice of banning specific books or | 11 | | resources ; . | 12 | | (F) to provide F provide adequate library outlets and | 13 | | facilities convenient in time and place to serve the | 14 | | people of this State ; . | 15 | | (G) to encourage G encourage existing and new | 16 | | libraries to develop library systems serving a | 17 | | sufficiently large population to support adequate library | 18 | | service at reasonable cost ; . | 19 | | (H) to foster H foster the economic and efficient | 20 | | utilization of public funds ; . | 21 | | (I) to promote I promote the full utilization of local | 22 | | pride, responsibility, initiative , and support of library | 23 | | service and , at the same time , employ State aid as a | 24 | | supplement to local support ; and . | 25 | | (J) to promote security measures that provide safe and | 26 | | accessible library access. |
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| 1 | | The Advisory Committee of the Illinois State Library shall | 2 | | confer with, advise , and make recommendations to the State | 3 | | Librarian regarding any matter under this Act and particularly | 4 | | with reference to the formation of library systems. | 5 | | (Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.) | 6 | | (75 ILCS 10/8) (from Ch. 81, par. 118) | 7 | | Sec. 8. State grants. | 8 | | (a) There shall be a program of State grants within the | 9 | | limitations of funds appropriated by the Illinois General | 10 | | Assembly together with other funds made available by the | 11 | | federal government or other sources for this purpose. This | 12 | | program of State grants shall be administered by the State | 13 | | Librarian in accordance with rules and regulations as provided | 14 | | in Section 3 of this Act and shall include the following: | 15 | | (i) annual equalization grants; | 16 | | (ii) Library System grants; | 17 | | (iii) per capita grants to public libraries; and | 18 | | (iv) planning and construction grants to public | 19 | | libraries and library systems and public libraries that | 20 | | are . Libraries, in order to be eligible for grants under | 21 | | this Section, must be members of a library system ; and | 22 | | (v) grants to improve or enhance security of | 23 | | libraries . | 24 | | (b) An annual equalization grant shall be made to all | 25 | | public libraries for which the corporate authorities levy a |
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| 1 | | tax for library purposes at a rate not less than .13% of the | 2 | | value of all the taxable property as equalized and assessed by | 3 | | the Department of Revenue if the amount of tax revenue | 4 | | obtained from a rate of .13% produces less than (i) $4.25 per | 5 | | capita in property tax revenue from property taxes for the | 6 | | 2006 taxable year payable in 2007 and (ii) $7.50 per capita in | 7 | | property tax revenue from property taxes for the 2007 taxable | 8 | | year and thereafter. In that case, the State Librarian is | 9 | | authorized to make an equalization grant equivalent to the | 10 | | difference between the amount obtained from a rate of .13% and | 11 | | an annual income of $4.25 per capita for grants made through | 12 | | Fiscal Year 2008, and an annual income of $7.50 per capita for | 13 | | grants made in Fiscal Year 2009 and thereafter. If moneys | 14 | | appropriated for grants under this Section are not sufficient, | 15 | | then the State Librarian shall reduce the per capita amount of | 16 | | the grants so that the qualifying public libraries receive the | 17 | | same amount per capita, but in no event shall the grant be less | 18 | | than equivalent to the difference between the amount of the | 19 | | tax revenue obtained from the current levy and an annual | 20 | | income of $4.25 per capita. If a library receiving an | 21 | | equalization grant reduces its tax levy below the amount | 22 | | levied at the time the original application is approved, it | 23 | | shall be ineligible to receive further equalization grants. | 24 | | If a library is subject to the Property Tax Extension | 25 | | Limitation Law in the Property Tax Code and its tax levy for | 26 | | library purposes has been lowered to a rate of less than .13%, |
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| 1 | | the library will qualify for this grant if the library levied a | 2 | | tax for library purposes that met the requirements for this | 3 | | grant in the previous year and if the tax levied for library | 4 | | purposes in the current year produces tax revenue for the | 5 | | library that is an increase over the previous year's extension | 6 | | of 5% or the percentage increase in the Consumer Price Index, | 7 | | whichever is less, and the tax revenue produced by this levy is | 8 | | less than (i) $4.25 per capita in property tax revenue from | 9 | | property taxes for the 2006 taxable year payable in 2007 and | 10 | | (ii) $7.50 per capita in property tax revenue from property | 11 | | taxes for the 2007 taxable year and thereafter. In this case, | 12 | | the State Librarian is authorized to make an equalization | 13 | | grant equivalent to the difference between the amount of tax | 14 | | revenue obtained from the current levy and an annual income of | 15 | | $4.25 per capita for grants made through Fiscal Year 2008, and | 16 | | an annual income of $7.50 per capita for grants made in Fiscal | 17 | | Year 2009 and thereafter. If moneys appropriated for grants | 18 | | under this Section are not sufficient, then the State | 19 | | Librarian shall reduce the per capita amount of the grants so | 20 | | that the qualifying public libraries receive the same amount | 21 | | per capita, but in no event shall the grant be less than | 22 | | equivalent to the difference between the amount of the tax | 23 | | revenue obtained from the current levy and an annual income of | 24 | | $4.25 per capita. If a library receiving an equalization grant | 25 | | reduces its tax levy below the amount levied at the time the | 26 | | original application is approved, it shall be ineligible to |
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| 1 | | receive further equalization grants. | 2 | | (c) Annual Library System grants shall be made, upon | 3 | | application, to each library system approved by the State | 4 | | Librarian on the following basis: | 5 | | (1) For library systems, the sum of $1.46 per capita | 6 | | of the population of the area served plus the sum of $50.75 | 7 | | per square mile or fraction thereof of the area served | 8 | | except as provided in paragraph (4) of this subsection. | 9 | | (2) If the amounts appropriated for grants are | 10 | | different from the amount provided for in paragraph (1) of | 11 | | this subsection, the area and per capita funding shall be | 12 | | proportionately reduced or increased accordingly. | 13 | | (3) For library systems, additional funds may be | 14 | | appropriated. The appropriation shall be distributed on | 15 | | the same proportional per capita and per square mile basis | 16 | | as provided in paragraphs (1) and (4) of this subsection. | 17 | | (4) Per capita and area funding for a multitype | 18 | | library system as defined in subparagraph (3) of the | 19 | | definition of "library system" in Section 2 and a public | 20 | | library system in cities with a population of 500,000 or | 21 | | more as defined in subparagraph (2) of the definition of | 22 | | "library system" in Section 2 shall be apportioned with | 23 | | 25% of the funding granted to the multitype library system | 24 | | and 75% of the funding granted to the public library | 25 | | system. | 26 | | (d) The "area served" for the purposes of making and |
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| 1 | | expending annual Library System grants means the area that | 2 | | lies within the geographic boundaries of the library system as | 3 | | approved by the State Librarian, except that grant funding | 4 | | awarded to a library system may also be expended for the | 5 | | provision of services to members of other library systems if | 6 | | such an expenditure is included in a library system's plan of | 7 | | service and is approved by the State Librarian. In determining | 8 | | the population of the area served by the library system, the | 9 | | Illinois State Library shall use the latest federal census for | 10 | | the political subdivisions in the area served. | 11 | | (e) In order to be eligible for a grant under this Section, | 12 | | the corporate authorities, instead of a tax levy at a | 13 | | particular rate, may provide an amount equivalent to the | 14 | | amount produced by that levy. | 15 | | (Source: P.A. 99-186, eff. 7-29-15.) | 16 | | Section 10. The Criminal Code of 2012 is amended by | 17 | | changing Section 26-1 as follows: | 18 | | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) | 19 | | Sec. 26-1. Disorderly conduct. | 20 | | (a) A person commits disorderly conduct when he or she | 21 | | knowingly: | 22 | | (1) Does any act in such unreasonable manner as to | 23 | | alarm or disturb another and to provoke a breach of the | 24 | | peace; |
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| 1 | | (2) Transmits or causes to be transmitted in any | 2 | | manner to the fire department of any city, town, village | 3 | | or fire protection district a false alarm of fire, knowing | 4 | | at the time of the transmission that there is no | 5 | | reasonable ground for believing that the fire exists; | 6 | | (3) Transmits or causes to be transmitted in any | 7 | | manner to another a false alarm to the effect that a bomb | 8 | | or other explosive of any nature or a container holding | 9 | | poison gas, a deadly biological or chemical contaminant, | 10 | | or radioactive substance is concealed in a place where its | 11 | | explosion or release would endanger human life, knowing at | 12 | | the time of the transmission that there is no reasonable | 13 | | ground for believing that the bomb, explosive or a | 14 | | container holding poison gas, a deadly biological or | 15 | | chemical contaminant, or radioactive substance is | 16 | | concealed in the place; | 17 | | (3.5) Transmits or causes to be transmitted in any | 18 | | manner a threat of destruction of a school or library | 19 | | building or school or library property, or a threat of | 20 | | violence, death, or bodily harm directed against persons | 21 | | at a school or library , school or library function, or | 22 | | school or library event, whether or not school is in | 23 | | session or whether or not the library is open to the | 24 | | public ; | 25 | | (4) Transmits or causes to be transmitted in any | 26 | | manner to any peace officer, public officer or public |
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| 1 | | employee a report to the effect that an offense will be | 2 | | committed, is being committed, or has been committed, | 3 | | knowing at the time of the transmission that there is no | 4 | | reasonable ground for believing that the offense will be | 5 | | committed, is being committed, or has been committed; | 6 | | (5) Transmits or causes to be transmitted in any | 7 | | manner a false report to any public safety agency without | 8 | | the reasonable grounds necessary to believe that | 9 | | transmitting the report is necessary for the safety and | 10 | | welfare of the public; | 11 | | (6) Calls or texts the number "911" or transmits or | 12 | | causes to be transmitted in any manner to a public safety | 13 | | agency or public safety answering point for the purpose of | 14 | | making or transmitting a false alarm or complaint and | 15 | | reporting information when, at the time the call, text, or | 16 | | transmission is made, the person knows there is no | 17 | | reasonable ground for making the call, text, or | 18 | | transmission and further knows that the call, text, or | 19 | | transmission could result in the emergency response of any | 20 | | public safety agency; | 21 | | (7) Transmits or causes to be transmitted in any | 22 | | manner a false report to the Department of Children and | 23 | | Family Services under Section 4 of the Abused and | 24 | | Neglected Child Reporting Act; | 25 | | (8) Transmits or causes to be transmitted in any | 26 | | manner a false report to the Department of Public Health |
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| 1 | | under the Nursing Home Care Act, the Specialized Mental | 2 | | Health Rehabilitation Act of 2013, the ID/DD Community | 3 | | Care Act, or the MC/DD Act; | 4 | | (9) Transmits or causes to be transmitted in any | 5 | | manner to the police department or fire department of any | 6 | | municipality or fire protection district, or any privately | 7 | | owned and operated ambulance service, a false request for | 8 | | an ambulance, emergency medical technician-ambulance or | 9 | | emergency medical technician-paramedic knowing at the time | 10 | | there is no reasonable ground for believing that the | 11 | | assistance is required; | 12 | | (10) Transmits or causes to be transmitted in any | 13 | | manner a false report under Article II of Public Act | 14 | | 83-1432; | 15 | | (11) Enters upon the property of another and for a | 16 | | lewd or unlawful purpose deliberately looks into a | 17 | | dwelling on the property through any window or other | 18 | | opening in it; or | 19 | | (12) While acting as a collection agency as defined in | 20 | | the Collection Agency Act or as an employee of the | 21 | | collection agency, and while attempting to collect an | 22 | | alleged debt, makes a telephone call to the alleged debtor | 23 | | which is designed to harass, annoy or intimidate the | 24 | | alleged debtor. | 25 | | (b) Sentence. A violation of subsection (a)(1) of this | 26 | | Section is a Class C misdemeanor. A violation of subsection |
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| 1 | | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | 2 | | violation of subsection (a)(8) or (a)(10) of this Section is a | 3 | | Class B misdemeanor. A violation of subsection (a)(2), | 4 | | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | 5 | | a Class 4 felony. A violation of subsection (a)(3) of this | 6 | | Section is a Class 3 felony, for which a fine of not less than | 7 | | $3,000 and no more than $10,000 shall be assessed in addition | 8 | | to any other penalty imposed. | 9 | | A violation of subsection (a)(12) of this Section is a | 10 | | Business Offense and shall be punished by a fine not to exceed | 11 | | $3,000. A second or subsequent violation of subsection (a)(7) | 12 | | or (a)(5) of this Section is a Class 4 felony. A third or | 13 | | subsequent violation of subsection (a)(11) of this Section is | 14 | | a Class 4 felony. | 15 | | (c) In addition to any other sentence that may be imposed, | 16 | | a court shall order any person convicted of disorderly conduct | 17 | | to perform community service for not less than 30 and not more | 18 | | than 120 hours, if community service is available in the | 19 | | jurisdiction and is funded and approved by the county board of | 20 | | the county where the offense was committed. In addition, | 21 | | whenever any person is placed on supervision for an alleged | 22 | | offense under this Section, the supervision shall be | 23 | | conditioned upon the performance of the community service. | 24 | | This subsection does not apply when the court imposes a | 25 | | sentence of incarceration. | 26 | | (d) In addition to any other sentence that may be imposed, |
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| 1 | | the court shall order any person convicted of disorderly | 2 | | conduct under paragraph (3) of subsection (a) involving a | 3 | | false alarm of a threat that a bomb or explosive device has | 4 | | been placed in a school that requires an emergency response to | 5 | | reimburse the unit of government that employs the emergency | 6 | | response officer or officers that were dispatched to the | 7 | | school for the cost of the response. If the court determines | 8 | | that the person convicted of disorderly conduct that requires | 9 | | an emergency response to a school is indigent, the provisions | 10 | | of this subsection (d) do not apply. | 11 | | (e) In addition to any other sentence that may be imposed, | 12 | | the court shall order any person convicted of disorderly | 13 | | conduct under paragraph (3.5) or (6) of subsection (a) to | 14 | | reimburse the public agency for the reasonable costs of the | 15 | | emergency response by the public agency up to $10,000. If the | 16 | | court determines that the person convicted of disorderly | 17 | | conduct under paragraph (3.5) or (6) of subsection (a) is | 18 | | indigent, the provisions of this subsection (e) do not apply. | 19 | | (f) For the purposes of this Section : | 20 | | "Emergency , "emergency response" means any condition that | 21 | | results in, or could result in, the response of a public | 22 | | official in an authorized emergency vehicle, any condition | 23 | | that jeopardizes or could jeopardize public safety and results | 24 | | in, or could result in, the evacuation of any area, building, | 25 | | structure, vehicle, or of any other place that any person may | 26 | | enter, or any incident requiring a response by a police |
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| 1 | | officer, a firefighter, a State Fire Marshal employee, or an | 2 | | ambulance. | 3 | | "Library" means any public library or library of an | 4 | | educational, historical or eleemosynary institution, | 5 | | organization, or society. | 6 | | (Source: P.A. 103-366, eff. 1-1-24 .) |
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