Bill Amendment: IL HB4567 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIM CD-THREATS-LIBRARY
Status: 2025-01-07 - Session Sine Die [HB4567 Detail]
Download: Illinois-2023-HB4567-House_Amendment_001.html
Bill Title: CRIM CD-THREATS-LIBRARY
Status: 2025-01-07 - Session Sine Die [HB4567 Detail]
Download: Illinois-2023-HB4567-House_Amendment_001.html
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 4567 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4567 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 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; . | ||||||
| |||||||
| |||||||
| 1 | (B) to provide B provide library materials for student | ||||||
| 2 | needs at every educational level; . | ||||||
| 3 | (C) to provide C provide adequate library materials to | ||||||
| 4 | satisfy the reference and research needs of the people of | ||||||
| 5 | this State; . | ||||||
| 6 | (D) to provide D provide an adequate staff of | ||||||
| 7 | professionally trained librarians for the State; . | ||||||
| 8 | (E) to adopt E adopt the American Library | ||||||
| 9 | Association's Library Bill of Rights that indicates | ||||||
| 10 | materials should not be proscribed or removed because of | ||||||
| 11 | partisan or doctrinal disapproval or, in the alternative, | ||||||
| 12 | develop a written statement declaring the inherent | ||||||
| 13 | authority of the library or library system to provide an | ||||||
| 14 | adequate collection of books and other materials | ||||||
| 15 | sufficient in size and varied in kind and subject matter | ||||||
| 16 | to satisfy the library needs of the people of this State | ||||||
| 17 | and prohibit the practice of banning specific books or | ||||||
| 18 | resources; . | ||||||
| 19 | (F) to provide F provide adequate library outlets and | ||||||
| 20 | facilities convenient in time and place to serve the | ||||||
| 21 | people of this State; . | ||||||
| 22 | (G) to encourage G encourage existing and new | ||||||
| 23 | libraries to develop library systems serving a | ||||||
| 24 | sufficiently large population to support adequate library | ||||||
| 25 | service at reasonable cost; . | ||||||
| 26 | (H) to foster H foster the economic and efficient | ||||||
| |||||||
| |||||||
| 1 | utilization of public funds; . | ||||||
| 2 | (I) to promote I promote the full utilization of local | ||||||
| 3 | pride, responsibility, initiative, and support of library | ||||||
| 4 | service and, at the same time, employ State aid as a | ||||||
| 5 | supplement to local support; and . | ||||||
| 6 | (J) to promote security measures that provide safe and | ||||||
| 7 | accessible library access. | ||||||
| 8 | The Advisory Committee of the Illinois State Library shall | ||||||
| 9 | confer with, advise, and make recommendations to the State | ||||||
| 10 | Librarian regarding any matter under this Act and particularly | ||||||
| 11 | with reference to the formation of library systems. | ||||||
| 12 | (Source: P.A. 103-100, eff. 1-1-24; revised 1-2-24.)
| ||||||
| 13 | (75 ILCS 10/8) (from Ch. 81, par. 118) | ||||||
| 14 | Sec. 8. State grants. | ||||||
| 15 | (a) There shall be a program of State grants within the | ||||||
| 16 | limitations of funds appropriated by the Illinois General | ||||||
| 17 | Assembly together with other funds made available by the | ||||||
| 18 | federal government or other sources for this purpose. This | ||||||
| 19 | program of State grants shall be administered by the State | ||||||
| 20 | Librarian in accordance with rules and regulations as provided | ||||||
| 21 | in Section 3 of this Act and shall include the following: | ||||||
| 22 | (i) annual equalization grants; | ||||||
| 23 | (ii) Library System grants; | ||||||
| 24 | (iii) per capita grants to public libraries; and | ||||||
| 25 | (iv) planning and construction grants to public | ||||||
| |||||||
| |||||||
| 1 | libraries and library systems and public libraries that | ||||||
| 2 | are . Libraries, in order to be eligible for grants under | ||||||
| 3 | this Section, must be members of a library system; and | ||||||
| 4 | (v) grants to improve or enhance security of | ||||||
| 5 | libraries. | ||||||
| 6 | (b) An annual equalization grant shall be made to all | ||||||
| 7 | public libraries for which the corporate authorities levy a | ||||||
| 8 | tax for library purposes at a rate not less than .13% of the | ||||||
| 9 | value of all the taxable property as equalized and assessed by | ||||||
| 10 | the Department of Revenue if the amount of tax revenue | ||||||
| 11 | obtained from a rate of .13% produces less than (i) $4.25 per | ||||||
| 12 | capita in property tax revenue from property taxes for the | ||||||
| 13 | 2006 taxable year payable in 2007 and (ii) $7.50 per capita in | ||||||
| 14 | property tax revenue from property taxes for the 2007 taxable | ||||||
| 15 | year and thereafter. In that case, the State Librarian is | ||||||
| 16 | authorized to make an equalization grant equivalent to the | ||||||
| 17 | difference between the amount obtained from a rate of .13% and | ||||||
| 18 | an annual income of $4.25 per capita for grants made through | ||||||
| 19 | Fiscal Year 2008, and an annual income of $7.50 per capita for | ||||||
| 20 | grants made in Fiscal Year 2009 and thereafter. If moneys | ||||||
| 21 | appropriated for grants under this Section are not sufficient, | ||||||
| 22 | then the State Librarian shall reduce the per capita amount of | ||||||
| 23 | the grants so that the qualifying public libraries receive the | ||||||
| 24 | same amount per capita, but in no event shall the grant be less | ||||||
| 25 | than equivalent to the difference between the amount of the | ||||||
| 26 | tax revenue obtained from the current levy and an annual | ||||||
| |||||||
| |||||||
| 1 | income of $4.25 per capita. If a library receiving an | ||||||
| 2 | equalization grant reduces its tax levy below the amount | ||||||
| 3 | levied at the time the original application is approved, it | ||||||
| 4 | shall be ineligible to receive further equalization grants. | ||||||
| 5 | If a library is subject to the Property Tax Extension | ||||||
| 6 | Limitation Law in the Property Tax Code and its tax levy for | ||||||
| 7 | library purposes has been lowered to a rate of less than .13%, | ||||||
| 8 | the library will qualify for this grant if the library levied a | ||||||
| 9 | tax for library purposes that met the requirements for this | ||||||
| 10 | grant in the previous year and if the tax levied for library | ||||||
| 11 | purposes in the current year produces tax revenue for the | ||||||
| 12 | library that is an increase over the previous year's extension | ||||||
| 13 | of 5% or the percentage increase in the Consumer Price Index, | ||||||
| 14 | whichever is less, and the tax revenue produced by this levy is | ||||||
| 15 | less than (i) $4.25 per capita in property tax revenue from | ||||||
| 16 | property taxes for the 2006 taxable year payable in 2007 and | ||||||
| 17 | (ii) $7.50 per capita in property tax revenue from property | ||||||
| 18 | taxes for the 2007 taxable year and thereafter. In this case, | ||||||
| 19 | the State Librarian is authorized to make an equalization | ||||||
| 20 | grant equivalent to the difference between the amount of tax | ||||||
| 21 | revenue obtained from the current levy and an annual income of | ||||||
| 22 | $4.25 per capita for grants made through Fiscal Year 2008, and | ||||||
| 23 | an annual income of $7.50 per capita for grants made in Fiscal | ||||||
| 24 | Year 2009 and thereafter. If moneys appropriated for grants | ||||||
| 25 | under this Section are not sufficient, then the State | ||||||
| 26 | Librarian shall reduce the per capita amount of the grants so | ||||||
| |||||||
| |||||||
| 1 | that the qualifying public libraries receive the same amount | ||||||
| 2 | per capita, but in no event shall the grant be less than | ||||||
| 3 | equivalent to the difference between the amount of the tax | ||||||
| 4 | revenue obtained from the current levy and an annual income of | ||||||
| 5 | $4.25 per capita. If a library receiving an equalization grant | ||||||
| 6 | reduces its tax levy below the amount levied at the time the | ||||||
| 7 | original application is approved, it shall be ineligible to | ||||||
| 8 | receive further equalization grants. | ||||||
| 9 | (c) Annual Library System grants shall be made, upon | ||||||
| 10 | application, to each library system approved by the State | ||||||
| 11 | Librarian on the following basis: | ||||||
| 12 | (1) For library systems, the sum of $1.46 per capita | ||||||
| 13 | of the population of the area served plus the sum of $50.75 | ||||||
| 14 | per square mile or fraction thereof of the area served | ||||||
| 15 | except as provided in paragraph (4) of this subsection. | ||||||
| 16 | (2) If the amounts appropriated for grants are | ||||||
| 17 | different from the amount provided for in paragraph (1) of | ||||||
| 18 | this subsection, the area and per capita funding shall be | ||||||
| 19 | proportionately reduced or increased accordingly. | ||||||
| 20 | (3) For library systems, additional funds may be | ||||||
| 21 | appropriated. The appropriation shall be distributed on | ||||||
| 22 | the same proportional per capita and per square mile basis | ||||||
| 23 | as provided in paragraphs (1) and (4) of this subsection. | ||||||
| 24 | (4) Per capita and area funding for a multitype | ||||||
| 25 | library system as defined in subparagraph (3) of the | ||||||
| 26 | definition of "library system" in Section 2 and a public | ||||||
| |||||||
| |||||||
| 1 | library system in cities with a population of 500,000 or | ||||||
| 2 | more as defined in subparagraph (2) of the definition of | ||||||
| 3 | "library system" in Section 2 shall be apportioned with | ||||||
| 4 | 25% of the funding granted to the multitype library system | ||||||
| 5 | and 75% of the funding granted to the public library | ||||||
| 6 | system. | ||||||
| 7 | (d) The "area served" for the purposes of making and | ||||||
| 8 | expending annual Library System grants means the area that | ||||||
| 9 | lies within the geographic boundaries of the library system as | ||||||
| 10 | approved by the State Librarian, except that grant funding | ||||||
| 11 | awarded to a library system may also be expended for the | ||||||
| 12 | provision of services to members of other library systems if | ||||||
| 13 | such an expenditure is included in a library system's plan of | ||||||
| 14 | service and is approved by the State Librarian. In determining | ||||||
| 15 | the population of the area served by the library system, the | ||||||
| 16 | Illinois State Library shall use the latest federal census for | ||||||
| 17 | the political subdivisions in the area served. | ||||||
| 18 | (e) In order to be eligible for a grant under this Section, | ||||||
| 19 | the corporate authorities, instead of a tax levy at a | ||||||
| 20 | particular rate, may provide an amount equivalent to the | ||||||
| 21 | amount produced by that levy. | ||||||
| 22 | (Source: P.A. 99-186, eff. 7-29-15.)
| ||||||
| 23 | Section 10. The Criminal Code of 2012 is amended by | ||||||
| 24 | changing Section 26-1 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/26-1) (from Ch. 38, par. 26-1) | ||||||
| 2 | Sec. 26-1. Disorderly conduct. | ||||||
| 3 | (a) A person commits disorderly conduct when he or she | ||||||
| 4 | knowingly: | ||||||
| 5 | (1) Does any act in such unreasonable manner as to | ||||||
| 6 | alarm or disturb another and to provoke a breach of the | ||||||
| 7 | peace; | ||||||
| 8 | (2) Transmits or causes to be transmitted in any | ||||||
| 9 | manner to the fire department of any city, town, village | ||||||
| 10 | or fire protection district a false alarm of fire, knowing | ||||||
| 11 | at the time of the transmission that there is no | ||||||
| 12 | reasonable ground for believing that the fire exists; | ||||||
| 13 | (3) Transmits or causes to be transmitted in any | ||||||
| 14 | manner to another a false alarm to the effect that a bomb | ||||||
| 15 | or other explosive of any nature or a container holding | ||||||
| 16 | poison gas, a deadly biological or chemical contaminant, | ||||||
| 17 | or radioactive substance is concealed in a place where its | ||||||
| 18 | explosion or release would endanger human life, knowing at | ||||||
| 19 | the time of the transmission that there is no reasonable | ||||||
| 20 | ground for believing that the bomb, explosive or a | ||||||
| 21 | container holding poison gas, a deadly biological or | ||||||
| 22 | chemical contaminant, or radioactive substance is | ||||||
| 23 | concealed in the place; | ||||||
| 24 | (3.5) Transmits or causes to be transmitted in any | ||||||
| 25 | manner a threat of destruction of a school or library | ||||||
| 26 | building or school or library property, or a threat of | ||||||
| |||||||
| |||||||
| 1 | violence, death, or bodily harm directed against persons | ||||||
| 2 | at a school or library, school or library function, or | ||||||
| 3 | school or library event, whether or not school is in | ||||||
| 4 | session or whether or not the library is open to the | ||||||
| 5 | public; | ||||||
| 6 | (4) Transmits or causes to be transmitted in any | ||||||
| 7 | manner to any peace officer, public officer or public | ||||||
| 8 | employee a report to the effect that an offense will be | ||||||
| 9 | committed, is being committed, or has been committed, | ||||||
| 10 | knowing at the time of the transmission that there is no | ||||||
| 11 | reasonable ground for believing that the offense will be | ||||||
| 12 | committed, is being committed, or has been committed; | ||||||
| 13 | (5) Transmits or causes to be transmitted in any | ||||||
| 14 | manner a false report to any public safety agency without | ||||||
| 15 | the reasonable grounds necessary to believe that | ||||||
| 16 | transmitting the report is necessary for the safety and | ||||||
| 17 | welfare of the public; | ||||||
| 18 | (6) Calls or texts the number "911" or transmits or | ||||||
| 19 | causes to be transmitted in any manner to a public safety | ||||||
| 20 | agency or public safety answering point for the purpose of | ||||||
| 21 | making or transmitting a false alarm or complaint and | ||||||
| 22 | reporting information when, at the time the call, text, or | ||||||
| 23 | transmission is made, the person knows there is no | ||||||
| 24 | reasonable ground for making the call, text, or | ||||||
| 25 | transmission and further knows that the call, text, or | ||||||
| 26 | transmission could result in the emergency response of any | ||||||
| |||||||
| |||||||
| 1 | public safety agency; | ||||||
| 2 | (7) Transmits or causes to be transmitted in any | ||||||
| 3 | manner a false report to the Department of Children and | ||||||
| 4 | Family Services under Section 4 of the Abused and | ||||||
| 5 | Neglected Child Reporting Act; | ||||||
| 6 | (8) Transmits or causes to be transmitted in any | ||||||
| 7 | manner a false report to the Department of Public Health | ||||||
| 8 | under the Nursing Home Care Act, the Specialized Mental | ||||||
| 9 | Health Rehabilitation Act of 2013, the ID/DD Community | ||||||
| 10 | Care Act, or the MC/DD Act; | ||||||
| 11 | (9) Transmits or causes to be transmitted in any | ||||||
| 12 | manner to the police department or fire department of any | ||||||
| 13 | municipality or fire protection district, or any privately | ||||||
| 14 | owned and operated ambulance service, a false request for | ||||||
| 15 | an ambulance, emergency medical technician-ambulance or | ||||||
| 16 | emergency medical technician-paramedic knowing at the time | ||||||
| 17 | there is no reasonable ground for believing that the | ||||||
| 18 | assistance is required; | ||||||
| 19 | (10) Transmits or causes to be transmitted in any | ||||||
| 20 | manner a false report under Article II of Public Act | ||||||
| 21 | 83-1432; | ||||||
| 22 | (11) Enters upon the property of another and for a | ||||||
| 23 | lewd or unlawful purpose deliberately looks into a | ||||||
| 24 | dwelling on the property through any window or other | ||||||
| 25 | opening in it; or | ||||||
| 26 | (12) While acting as a collection agency as defined in | ||||||
| |||||||
| |||||||
| 1 | the Collection Agency Act or as an employee of the | ||||||
| 2 | collection agency, and while attempting to collect an | ||||||
| 3 | alleged debt, makes a telephone call to the alleged debtor | ||||||
| 4 | which is designed to harass, annoy or intimidate the | ||||||
| 5 | alleged debtor. | ||||||
| 6 | (b) Sentence. A violation of subsection (a)(1) of this | ||||||
| 7 | Section is a Class C misdemeanor. A violation of subsection | ||||||
| 8 | (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A | ||||||
| 9 | violation of subsection (a)(8) or (a)(10) of this Section is a | ||||||
| 10 | Class B misdemeanor. A violation of subsection (a)(2), | ||||||
| 11 | (a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) of this Section is | ||||||
| 12 | a Class 4 felony. A violation of subsection (a)(3) of this | ||||||
| 13 | Section is a Class 3 felony, for which a fine of not less than | ||||||
| 14 | $3,000 and no more than $10,000 shall be assessed in addition | ||||||
| 15 | to any other penalty imposed. | ||||||
| 16 | A violation of subsection (a)(12) of this Section is a | ||||||
| 17 | Business Offense and shall be punished by a fine not to exceed | ||||||
| 18 | $3,000. A second or subsequent violation of subsection (a)(7) | ||||||
| 19 | or (a)(5) of this Section is a Class 4 felony. A third or | ||||||
| 20 | subsequent violation of subsection (a)(11) of this Section is | ||||||
| 21 | a Class 4 felony. | ||||||
| 22 | (c) In addition to any other sentence that may be imposed, | ||||||
| 23 | a court shall order any person convicted of disorderly conduct | ||||||
| 24 | to perform community service for not less than 30 and not more | ||||||
| 25 | than 120 hours, if community service is available in the | ||||||
| 26 | jurisdiction and is funded and approved by the county board of | ||||||
| |||||||
| |||||||
| 1 | the county where the offense was committed. In addition, | ||||||
| 2 | whenever any person is placed on supervision for an alleged | ||||||
| 3 | offense under this Section, the supervision shall be | ||||||
| 4 | conditioned upon the performance of the community service. | ||||||
| 5 | This subsection does not apply when the court imposes a | ||||||
| 6 | sentence of incarceration. | ||||||
| 7 | (d) In addition to any other sentence that may be imposed, | ||||||
| 8 | the court shall order any person convicted of disorderly | ||||||
| 9 | conduct under paragraph (3) of subsection (a) involving a | ||||||
| 10 | false alarm of a threat that a bomb or explosive device has | ||||||
| 11 | been placed in a school that requires an emergency response to | ||||||
| 12 | reimburse the unit of government that employs the emergency | ||||||
| 13 | response officer or officers that were dispatched to the | ||||||
| 14 | school for the cost of the response. If the court determines | ||||||
| 15 | that the person convicted of disorderly conduct that requires | ||||||
| 16 | an emergency response to a school is indigent, the provisions | ||||||
| 17 | of this subsection (d) do not apply. | ||||||
| 18 | (e) In addition to any other sentence that may be imposed, | ||||||
| 19 | the court shall order any person convicted of disorderly | ||||||
| 20 | conduct under paragraph (3.5) or (6) of subsection (a) to | ||||||
| 21 | reimburse the public agency for the reasonable costs of the | ||||||
| 22 | emergency response by the public agency up to $10,000. If the | ||||||
| 23 | court determines that the person convicted of disorderly | ||||||
| 24 | conduct under paragraph (3.5) or (6) of subsection (a) is | ||||||
| 25 | indigent, the provisions of this subsection (e) do not apply. | ||||||
| 26 | (f) For the purposes of this Section: | ||||||
| |||||||
| |||||||
