2023 Illinois Compiled Statutes › Chapter 75 - LIBRARIES › 75 ILCS 5/ - Illinois Local Library Act. › Article 2 - Method Of Creation

(75 ILCS 5/Art. 2 heading)
ARTICLE 2.  
		METHOD OF CREATION
(75 ILCS 5/2-1) (from Ch. 81, par. 2-1)
Sec. 2-1. 
		
		To provide local public institutions of general education for
citizens of Illinois, the corporate authorities of any city may establish
and maintain a public library for the use and benefit of the residents of
the city and may, subject to the limitations of Article 3, levy a tax for
library purposes.
(Source: P.A. 84-770.)
(75 ILCS 5/2-2) (from Ch. 81, par. 2-2)
Sec. 2-2. To provide local public institutions of general education
for citizens of Illinois, the citizens residing in a village, incorporated
town or township without local library service may establish and maintain a
public library for the use and benefit of the residents of the respective
village, incorporated town or township as herein provided.
Upon  the adoption of an ordinance by the governing body of an incorporated town, village, or township or when 100 legal voters of any incorporated town, village or
township present a petition to the clerk thereof asking for the
establishment and maintenance of a public library in such
incorporated town, village or township, the clerk shall certify the question of
whether to establish and maintain a public library to the proper election
authorities who shall submit the question at a regular election in accordance
with the general election law.
The petition shall specify the maximum library tax rate, if the rate
is to be in excess of .15%.  In no case shall the rate specified in the
petition be in excess of .60% of the value as equalized and assessed by
the Department of Revenue. The proposition shall be in
substantially the following form:
--------------------------------------------------------------
Shall a public library be established    YES
and maintained in (name of incorporated  ---------------------
town, village or township)?                  NO
--------------------------------------------------------------
If the petition specified a maximum tax rate in excess of the
statutory maximum tax rate of .15%, the proposition shall be in
substantially the following form:
--------------------------------------------------------------
Shall a public library be
established and maintained in (name of
incorporated town, village or township),     YES
with a maximum annual public library tax ---------------------
rate at. % of the value of all taxable       NO
property as equalized and assessed by the
Department of Revenue?
--------------------------------------------------------------
If the majority of all votes cast in the incorporated town, village or
township on the proposition are in favor of a public library, an annual
tax may be levied for the establishment and maintenance of such library,
subject to the limitations of Article 3.
(Source: P.A. 94-681, eff. 11-3-05.)
(75 ILCS 5/2-3) (from Ch. 81, par. 2-3)
Sec. 2-3. 
		
		Whenever the petition signed and filed with the clerk of an
incorporated town, village or township requests the holding of a referendum
for the purpose of voting upon the question of establishing and
maintaining a public library as
provided in Section 2-2, or for voting upon the question of increasing
or ceasing to levy the tax therefor as provided in Section 3-4, the
clerk shall certify the Resolution and the proposition to the proper election
officials, who shall submit the question at an
election in such incorporated town, village or
township in accordance with the general election law.
(Source: P.A. 84-770.)
(75 ILCS 5/2-4) (from Ch. 81, par. 2-4)
Sec. 2-4. 
		
		In the event a village not under a commission form of government
converts to a commission form of government or becomes a city, or a village
or city under a commission form of government changes to a village or city
not under a commission form of government, the incumbent board of library
trustees of the village or the city board of library trustees of the
city, as the case may be, shall thereupon become the library trustees of
the village or city, whichever is the form of the new municipal
governmental organization, and shall serve as such until the term of office
for which each had been elected or appointed expires, and until his
successor has been elected or appointed according to law and has qualified
for such office. Thereafter, new or additional library trustees shall be
elected or appointed, or the number of trustees reduced, so that the
number of trustees holding office at any one time shall conform as nearly
as is practicable to the number of library trustees required by law for
the particular city or village as it is organized after changing its form
or classification of municipal government.
The ceiling upon the annual public library tax existing prior to the
conversion or change in form of municipal government and any special tax
previously authorized by the electors shall be applicable after the
conversion or change.
Any existing bond issue and the special tax therefor shall not be
affected by such conversion or change and shall continue in full force and
effect under the law governing such bond issue and special tax.
(Source: P.A. 84-770.)
(75 ILCS 5/2-5) (from Ch. 81, par. 2-5)
Sec. 2-5. 
		
		In the event the voters approve of a merger of 2 or more
cities, or villages, or incorporated towns or townships, a merger of the
affected public libraries shall also occur as follows:
Where the merger affects a city, village, incorporated town or township
without a public library and one with a public library, then the existing
board of library trustees shall, upon the merger, exercise its powers and
duties under this Act, as amended, over the merged territory, and this Act,
as amended, shall govern the merged territory.
Where the merger affects 2 or more cities, villages, incorporated towns
or townships, each with a public library, then the existing boards of
library trustees shall be merged into one new board, and the new board
shall thereupon exercise its powers and duties under this Act, as amended,
over the merged territory and this Act, as amended, shall govern the merged
territory.  Such board members shall serve out their respective terms, but
as their respective terms expire, successors shall be elected or appointed,
as the case may be, only in the case where it is necessary to provide a
normal membership for a new board.
In every merger, the board whose territory is being expanded, or the
board being merged, shall take such action as is necessary to effectuate
the merger approved by the voters, and shall by resolution specify the
effective date thereof.  In addition, the new library board shall acquire the
assets and assume the liabilities of the predecessor library board or boards.
(Source: P.A. 84-770.)
(75 ILCS 5/2-6) (from Ch. 81, par. 2-6)
Sec. 2-6. 
		
		A public library established by any city, village or
incorporated town under this Act may be disestablished if the library has
no bonded indebtedness and the municipality is wholly included within a
township which has a library established under this Act.  Disestablishment
may be effected in the following manner:
When 25% but not less than 100 of the voters of the city, village, or
incorporated town present a petition to the clerk thereof asking for the
disestablishment of the public library, the clerk shall certify the
question of whether or not the public library shall be disestablished to
the proper election authorities who shall submit the question at a regular
election in accordance with the general election law. The proposition
shall be in substantially the following form:
--------------------------------------------------------------
Shall the ........            YES
library be                   ---------------------------------
disestablished?                   NO
--------------------------------------------------------------
If a majority of the votes cast upon the proposition are in favor thereof,
the library shall be disestablished.  If less than a majority of the votes
are in favor of the proposition, the disestablishment shall not occur.
If the disestablishment is authorized under this Section, the board
of trustees of the library shall immediately proceed to close up the business
of the library.  If a vacancy occurs on the board before all of the business
affairs are completed, the vacancy shall not be filled except that if all
positions become vacant, the corporate authorities of the incorporated town,
village, or city concerned shall act as the board to close up the business
of the library.  In closing up the affairs of the library, the board shall
sell all  property and equipment of the library and pay all debts and obligations;
however, if the city, village or incorporated town whose public library
is being disestablished is wholly within a township or townships having a
township library or township libraries, the board or boards of which agree
to assume all debts and obligations of the library being disestablished, all
remaining property and equipment may be transferred to the township library.
(Source: P.A. 84-770.)
(75 ILCS 5/2-7)
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 trustees:
(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.
(Source: P.A. 96-500, eff. 8-14-09.)