Bill Text: IL HB2823 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Local Library Act. Makes a technical change in a Section concerning penalties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2823 Detail]

Download: Illinois-2011-HB2823-Amended.html

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Rep. Dwight Kay

Filed: 4/5/2011

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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

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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

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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

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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

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proposition, the corporate authorities shall have the
authority granted to them by Section 4-18.".