Illinois General Assembly - Full Text of Public Act 094-0899
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Public Act 094-0899


 

Public Act 0899 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0899
 
HB4217 Enrolled LRB094 14539 BDD 49635 b

    AN ACT concerning libraries.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Library District Act of 1991 is
amended by changing Sections 15-5 and 15-15 as follows:
 
    (75 ILCS 16/15-5)
    Sec. 15-5. Annexation of contiguous territory. Territory
outside of any district but contiguous to the district may be
annexed as provided in Sections 15-10 through 15-45, and each
of these Sections constitutes an independent authorization for
the annexation of contiguous territory.
(Source: P.A. 87-1277.)
 
    (75 ILCS 16/15-15)
    Sec. 15-15. Territory included within municipality or
school district.
    (a) A district may, by ordinance, annex territory if that
territory is:
        (1) located within the boundaries of a municipality or
    school district that is included, entirely or partially,
    within the district;
        (2) contiguous to the district; and
        (3) without local, tax-supported public library
    service.
An ordinance under this subsection must describe the territory
to be annexed.
Whenever a municipality or school district included entirely or
partially within a district has annexed or otherwise includes
within its boundaries territory contiguous to the district and
without local tax supported public library service, the
district may annex that territory by the passage of an
ordinance to that effect, describing the territory annexed and
reciting the prior annexation or other inclusion of the
territory by the municipality or school district.
    (b) Within 15 days of the passage of the annexation
ordinance, the library district shall send notice of the
adoption of the ordinance, a copy of the map showing the
boundaries of the territory to be annexed, and a copy of the
text of the publication notice required in this Section to the
president of the board of trustees of each public library with
territory within one mile of the territory to be annexed.
Within 15 days after the adoption of the ordinance it shall be
published as provided in Section 1-30. The board may vacate an
annexation ordinance before its publication.
    (c) The publication or posting of the ordinance shall
include a notice of (i) the specific number of voters required
to sign a petition requesting that the question of the adoption
of the ordinance be submitted to the voters of the district or
the territory to be annexed or both, (ii) the time in which the
petition must be filed, and (iii) the date of the prospective
referendum. The district secretary shall provide a petition
form to any individual requesting one.
    (d) If no petition is filed with the library district
within 30 days after publication or posting of the ordinance,
the annexation shall take effect. If, however, within the 30
day period, a petition is filed with the Board of Trustees of
the library district, signed by voters of the district or the
territory to be annexed, or both, equal in number to 10% or
more of the total number of registered voters in the district,
the territory to be annexed or both, asking that the question
of the annexation of the territory be submitted to the voters
of the territory, the board of trustees may vacate the
annexation ordinance or certify the question to the proper
election authority, who shall submit the question at the next
regular election. Notice of this election shall be given and
the election shall be conducted in accordance with the Election
Code. The proposition shall be submitted to the voters in
substantially the following form:
        Shall (description of territory) be annexed to (name of
    public library district), (location), Illinois?
    (e) If a majority of votes cast upon the proposition in the
district, and also a majority of votes cast upon the
proposition in the territory to be annexed, are in favor of the
proposition, the Board of Trustees of the library district may
conclude the annexation of the territory.
    (f) If, before the effective date of this amendatory Act of
the 94th General Assembly, a district has annexed territory
under this Section and that annexation complies with the
requirements set forth in this Section, as changed by this
amendatory Act of the 94th General Assembly, then, for all
purposes, that annexation is hereby validated, ratified, and
declared to be in full force and effect from: (i) 30 days after
publication or posting of the ordinance if no petition was
filed with the library district under subsection (d); or (ii)
if a petition was filed, on the date that the district
concluded the annexation of the territory under subsection (e).
(Source: P.A. 87-1277.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/22/2006