HB2823ham002 97TH GENERAL ASSEMBLY

Rep. Dwight Kay

Filed: 4/5/2011

09700HB2823ham002 LRB097 09405 HLH 53842 a

AMENDMENT TO HOUSE BILL 2823

AMENDMENT NO. ______. Amend House Bill 2823 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Local Library Act is amended by changing Section 3-5 and by adding Sections 4-18, 4-18.1, and 4-18.2 as follows:

(75 ILCS 5/3-5) (from Ch. 81, par. 3-5)

Sec. 3-5. The library taxes provided for in this Act shall be levied by the corporate authorities in the amounts determined by the board and collected in like manner with other general taxes of the city, village, incorporated town or township and the proceeds shall be deposited in a special fund, which shall be known as the library fund. If the tax levy for library purposes is increased by a greater percentage than the percentage increase in the aggregate of all other corporate tax levies from the proceeding fiscal year, then the corporate authorities may lower the levy for library purposes to a level no lower than the percentage increase for the aggregate of all other corporate tax levies from the preceding fiscal year. In townships and in cities, villages and incorporated towns having a population of 50,000 or less the proceeds of any such tax shall be paid over by the officer charged with the collection thereof to the board of trustees of the library. Expenditures from the library fund shall be under the direction of the board of library trustees.

(Source: P.A. 84-770.)

(75 ILCS 5/4-18 new)

Sec. 4-18. Dissolution of the board of library trustees. The board of library trustees of a city, village, incorporated town, or township may be dissolved by an ordinance adopted by an affirmative vote of three-fourths of the corporate authorities then holding office. Before dissolving the board of library trustees, the corporate authorities must hold at least one public hearing on the matter not less than 15 nor more than 30 days before the corporate authorities consider the dissolution. If the board of library trustees is dissolved, then a 7-member advisory library board must be established by the corporate authorities. The members of the advisory library board shall be appointed by the mayor, village president, or township executive officer, as applicable, with the advice and consent of the city council, village board of trustees, or township board. Members of the advisory library board shall serve for a term of 4 years. Of the members initially appointed to the advisory library board, 4 of the members shall initially be appointed to serve a term of 2 years and 3 of the members shall initially appointed to serve a term of 4 years. If the board of library trustees is dissolved, the corporate authorities shall assume the powers of the board of library trustees pursuant to this Act, but may delegate any powers to the advisory library board with the exception of the power to levy a tax, appropriate money, appoint and fix the compensation of library employees, or acquire and sell property.

(75 ILCS 5/4-18.1 new)

Sec. 4-18.1. Ordinance for dissolution of library board; publication; effective date. After the ordinance providing for the dissolution of the library board of trustees has been passed, it shall be published at least twice within 30 days after its passage in one or more newspapers published in the municipality, or, if no newspaper is published in the municipality, then in one or more newspapers with a general circulation within the municipality. In municipalities with fewer than 500 inhabitants in which no newspaper is published, publication may instead be made by posting a notice in 3 prominent places within the municipality. The ordinance shall not become effective until 30 days after its second publication. The notice shall include (i) the specific number of voters required to sign the petition under Section 14-8.2, (ii) the time in which the petition specified in Section 14-8.2 must be filed, and (iii) the date of the prospective referendum under Section 14-8.2.

(75 ILCS 5/4-18.2 new)

Sec. 4-18.2. Referendum. Whenever a petition signed by the electors of any municipality that has adopted an ordinance pursuant to the powers granted in Section 4-18 of this Act equal in number to 10% or more of the total number of registered voters in the municipality is filed with municipal clerk of that municipality within 30 days after the second publication of the notice required in Section 4-18.1 of this Act, the corporate authorities shall order the submission of the question to the municipal electors and designate the election at which the question shall be submitted. The municipal clerk shall certify the question to the proper election authority. The municipal clerk shall provide a petition form to any individual requesting one.

The proposition shall be substantially in the following form:

Shall the city council (or board of trustees, etc.) of (name of municipality) be authorized to dissolve the library board of trustees?

Votes shall be recorded as "Yes" or "No". If a majority of the votes cast on the questions are in favor of the proposition, the corporate authorities shall have the authority granted to them by Section 4-18.".