HB4073sam003 102ND GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 11/15/2022

10200HB4073sam003 LRB102 18168 AWJ 41643 a

AMENDMENT TO HOUSE BILL 4073

AMENDMENT NO. ______. Amend House Bill 4073, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Decennial Committees on Local Government Efficiency Act is amended by changing Sections 5, 10, and 20 as follows:

(50 ILCS 70/5)

Sec. 5. Definition. As used in this Act: ,

"Governing board" means the governing body of a governmental unit. If the governmental unit is a road district, then "governing board" means the governing body of the road district, as provided in Division 1 of Article 6 of the Illinois Highway Code, including, but not limited to, the highway board of auditors, the township board of trustees, the city council, the municipal president and board of trustees, or the county board, as applicable.

"Governmental unit" means governmental unit" includes all units of local government that may levy any tax, except municipalities and counties. "Governmental unit" does not include any governmental entity that is not a unit of local government, as that term is defined in Section 1 of Article VII of the Illinois Constitution, including school districts.

(Source: P.A. 102-1088, eff. 6-10-22.)

(50 ILCS 70/10)

Sec. 10. Formation of committee; members; vacancy; administrative support.

(a) By no later than one year after June 10, 2022 ( Within one year after the effective date of this Act) and at least once every 10 years after June 10, 2022 thereafter, each governmental unit must form a committee to study local efficiencies and report recommendations regarding efficiencies and increased accountability to the county board in which the governmental unit is located.

(b) Each committee's membership shall include the elected or appointed members of the governing board of the governmental unit; at least 2 residents within the territory served by of the governmental unit, who are appointed by the chair of the governing board of the governmental unit, with the advice and consent of the governing board; and any chief executive officer or other officer of the governmental unit. The committee shall be chaired by the president or chief elected or appointed official of the governing board of the governmental unit, or his or her designee. The chairperson may appoint additional members to the committee as the chairperson he or she deems appropriate.

Committee members shall serve without compensation but may be reimbursed by the governmental unit for their expenses incurred in performing their duties.

(c) A committee may employ or use the services of specialists in public administration and governmental management and any other trained consultants, analysts, investigators, and assistants it considers appropriate, and it may seek assistance from community colleges and universities as necessary to prepare the report required under Section 25.

(d) If a vacancy occurs in the committee membership, the vacancy shall be filled in the same manner as the appointments under subsection (b).

(e) Each governmental unit shall provide administrative and other support to its committee.

(Source: P.A. 102-1088, eff. 6-10-22.)

(50 ILCS 70/20)

Sec. 20. Meetings. Each committee shall meet at least 3 times. The committee may meet during a regularly scheduled meeting of the governmental unit as long as: (1) separate notice is given in conformance with the Open Meetings Act; (2) the committee meeting is listed as part of the governing board's board of the governmental unit's agenda; and (3) at least a majority of the members of the committee are present at the committee's meeting. Each meeting of the committee shall be public, and the committee shall provide an opportunity for any person to be heard at the public hearings for at least 3 minutes. The committee may require speakers to register. The committee shall meet in accordance with the Open Meetings Act, and the committee shall be a public body to which the Freedom of Information Act applies.

At the conclusion of each meeting, the committee shall conduct a survey of residents who attended asking for input on the matters discussed at the meeting.

(Source: P.A. 102-1088, eff. 6-10-22.)

Section 10. The State Mandates Act is amended by adding Section 8.47 as follows:

(30 ILCS 805/8.47 new)

Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by the Decennial Committees on Local Government Efficiency Act.

Section 15. The Public Library District Act of 1991 is amended by changing Sections 30-25 and 30-40 as follows:

(75 ILCS 16/30-25)

Sec. 30-25. Vacancies.

(a) Vacancies shall be declared in the office of trustee by the board when an elected or appointed trustee (i) declines, fails, or is unable to serve, (ii) becomes a nonresident of the district, (iii) is convicted of a misdemeanor by failing, neglecting, or refusing to discharge any duty imposed upon him or her by this Act, or (iv) has failed to pay the library taxes levied by the district. Absence without cause from all regular board meetings for a period of one year shall be a basis for declaring a vacancy.

(b) All vacancies shall be filled by appointment by the remaining trustees until the next regular library election, at which time a trustee shall be elected for the remainder of the unexpired term. If, however, the vacancy occurs with less than 28 months remaining in the term, and if the vacancy occurs less than 88 days before the next regular scheduled election for this office, then the person so appointed shall serve the remainder of the unexpired term and no election to fill the vacancy shall be held. If the vacancy is in the office of a trustee of a library district with an appointed board, the vacancy shall be filled by appointment by the remaining trustees. Vacancies shall be filled within 90 days after a vacancy has been declared. If the trustees fail to appoint a new member within 90 days after a vacancy has been declared, the State Librarian shall appoint an individual to fill the vacancy within 60 days after the trustees have failed to fill the vacancy. If the State Librarian fails to fill the vacancy within the 60 days after the trustees have failed to fill the vacancy, the vacancy shall be filled at the next regularly scheduled election. Notwithstanding any other provision of this Section, if a vacancy occurred prior to May 27, 2022 and that vacancy has not been filled by the trustees before the effective date of this amendatory Act of the 102nd General Assembly, the State Librarian shall fill the vacancy within 60 days after the effective date of this amendatory Act of the 102nd General Assembly.

(Source: P.A. 102-977, eff. 5-27-22.)

(75 ILCS 16/30-40)

Sec. 30-40. Organization of board; qualification and oath of trustees.

(a) Within 74 days after their election or appointment, the incumbent and new trustees shall take their oath of office as prescribed by law and meet to organize the board.

(b) The first action taken at the meeting shall be the election of a president, a vice-president, a secretary, and a treasurer from among the trustees. The secretary shall then record the membership of the board. The board may, instead of electing a treasurer from among the trustees, by majority vote of the board, appoint and fix the compensation of a qualified treasurer that is not a trustee of the board.

(c) Trustees duly elected or appointed as certified by the appropriate election authority or appointing authority shall be qualified to serve as trustees under this Act. The required oath shall be taken and subscribed before a notary public or the secretary of the board.

(d) Within 60 days after the organization of the board, the secretary shall file, with the county clerk of the county containing all or a larger portion of the district and with the Illinois State Librarian, a statement listing the names and addresses of the trustees and officers and their respective terms in office. The secretary shall report a vacancy on the board to the county clerk and the State Librarian within 60 days after it occurs and shall report the filling of a vacancy within 60 days after it is filled.

(e) The first officers shall serve until the next regular election of trustees. Thereafter, officers shall serve for terms set by ordinance but not to exceed 2 years, ending on the third Monday of the month following each regular election or until their successors are duly elected by the board. A vacancy in any office shall be filled by the board for the unexpired term under Section 30-25.

(Source: P.A. 102-977, eff. 5-27-22.)

Section 99. Effective date. This Act takes effect upon becoming law.".