Illinois General Assembly - Full Text of Public Act 096-0500
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Public Act 096-0500




Public Act 096-0500
HB0211 Enrolled LRB096 02852 HLH 12866 b

    AN ACT concerning libraries.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Local Library Act is amended by
adding Section 2-7 as follows:
    (75 ILCS 5/2-7 new)
    Sec. 2-7. Dissolution for failure to perform duties.
    (a) If the board of trustees of a public library
established under this Act has failed to perform its duties and
functions under this Act, then a petition for dissolution that
is signed by at least 1% of the electors in the municipality or
township may be filed with the clerk of the circuit court of
the county in which the public library, or the predominant
portion thereof, is located. The petition must (i) clearly
define the territory embraced in such public library, (ii) set
forth the name of the public library, and (iii) set forth
sufficient facts establishing that, within the 3-year period
immediately prior to the filing of the petition, the board of
        (1) failed to hold regular meetings of the board;
        (2) failed to pass an annual appropriation ordinance or
    to levy taxes for the purposes of the district; or
        (3) failed to perform the duties and functions imposed
    by law.
    (b) Upon the filing of a petition under subsection (a), the
circuit judge shall set a date and time for a judicial hearing
on the petition. At least 20 days prior to the hearing date,
the clerk of the circuit court shall give notice of the time
and place of the hearing by publication in one or more daily or
weekly newspapers having a general circulation within the
municipality or township.
    (c) If, at the hearing under subsection (b), the circuit
judge finds that the petition meets the requirements of
subsection (a) and that the allegations set forth in the
petition are true, then he or she shall enter an order
dissolving the public library. If the public library is
dissolved by the circuit court under this Section, then the
affairs of the public library must be disposed of in the manner
as provided in this Act.
    (d) Within 60 days after the effective date of this
amendatory Act of the 96th General Assembly, the duly elected
members of a board of trustees of a library established under
this Act may meet and appoint a sufficient number of persons to
establish a quorum to conduct business. Those appointed shall
serve as though elected and hold office only until the next
regularly scheduled election for library trustee.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009