Local Government Committee
Filed: 5/11/2005
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 847




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    AMENDMENT NO. ______. Amend Senate Bill 847 by replacing 
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everything after the enacting clause with the following:
 
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    "Section 5. The Public Library District Act of 1991 is 
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amended  by adding Section 15-82 as follows:
 
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    (75 ILCS 16/15-82  new)
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    Sec. 15-82. Disconnection from district.
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    (a) Any municipality or township may be disconnected from a 
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public library district as follows:
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        (1) upon a vote of the majority of the members of its 
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    governing body, the municipality or township may authorize 
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    an advisory question of public policy to be placed on the 
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    ballot at the next regularly scheduled election in each 
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    public library district in which the municipality or 
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    township is located.  The governing body shall certify the 
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    question to the proper election authority, which must 
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    submit the question to the electors of each affected 
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    library  district at an election in accordance with the 
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    Election Code.
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        The election authority must submit the question in 
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    substantially the following form:
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            Should the (insert name of township or 
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        municipality) be disconnected from (insert name of 
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        library district)?
 


 






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    The election authority must record the votes as "Yes" or 
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    "No".

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        (2) After the completion of an advisory referendum 
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    under item (1), the governing body of the municipality or 
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    township may adopt an ordinance to disconnect the territory 
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    of the municipality or township  from the public library 
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    district.  Any ordinance adopted under this item (2) shall 
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    not take effect until it is approved by the board of 
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    trustees of each public library district in which any part 
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    of the municipality or township is located.
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    (b) The municipality or township shall, upon enactment of a 
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disconnection ordinance, file with the circuit court in which a 
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majority of the disconnected territory lies an appropriate 
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petition and a certified copy of the ordinance. The petition 
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shall request entry of an order of disconnection and the 
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preparation of an appraisal setting forth the value of the 
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tangible property of the district, the liabilities of the 
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district, and the excess of the liabilities over tangible 
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assets or property. Notice shall be published by and within the 
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disconnecting territory.
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    The circuit court shall, after a hearing upon the matter, 
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enter its order revising the limits and boundaries of the 
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district and setting forth the liability, if any, yet to be 
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retired and paid for by the property owners of the disconnected 
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territory.
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    (d) When any territory has been disconnected from a 
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district under this Section and the court order providing for 
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the disconnection also sets forth a continuing liability to be 
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paid by the property owners of the disconnected territory, then 
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the county collector of each county affected shall debit upon 
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his or her books the taxes to be paid and thereafter levied by 
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the district and extended against taxable property within the 
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disconnected territory. The county clerk shall continue to 
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extend district library taxes upon the taxable property within 
 


 






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the disconnected territory, and the county collector shall 
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continue to collect district library taxes upon the taxable 
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property within the disconnected territory until the excess 
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liability has been paid and retired.
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    The residents and property owners of the disconnected 
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territory are entitled to full and free library service from 
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the district until the earlier of: (i) the final and full 
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payment of the liability; or (ii) the submission of a 
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referendum under Section 2-2 of the Illinois Local Library Act 
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to the electors of the municipality or township.  Upon the date 
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of disconnection, the residents and property owners of the 
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disconnected territory shall no longer be subject to any tax 
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levies by the district. Upon full and final payment of the 
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liability and thereafter, no resident or property owner of the 
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disconnected territory shall have any right, title, and 
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interest in and to the assets and tangible property of the 
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district affected by the disconnection.

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    (d) The board must record a certified copy of the 
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disconnection order with the recorder of deeds and with the 
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county clerk and county collector of each county affected.
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    (e) No later than 90 days after the certified copy of the 
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disconnection order is recorded, the governing body of the 
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municipality or township must adopt an ordinance for a 
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referendum to establish a public library under Section 2-2 of 
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the Illinois Local Library Act.


 
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    Section 10. The Illinois Local Library Act is amended by 
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changing Section 2-2 as follows:
 



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    (75 ILCS 5/2-2)  (from Ch. 81, par. 2-2)


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    Sec. 2-2. To provide local public institutions of general 
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education
for citizens of Illinois, the citizens residing in a 
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village, incorporated
town or township without local library 
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service may establish and maintain a
public library for the use 
 


 






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and benefit of the residents of the respective
village, 
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incorporated town or township as herein provided.

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    Upon  the adoption of an ordinance by the governing body of 
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an incorporated town, village, or township or when
When 100 
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legal voters of any incorporated town, village or
township 
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present a petition to the clerk thereof asking for the

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establishment and maintenance of a public library in such

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incorporated town, village or township, the clerk shall certify 
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the question of
whether to establish and maintain a public 
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library to the proper election
authorities who shall submit the 
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question at a regular election in accordance
with the general 
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election law.

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    The petition shall specify the maximum library tax rate, if 
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the rate
is to be in excess of .15%.  In no case shall the rate 
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specified in the
petition be in excess of .60% of the value as 
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equalized and assessed by
the Department of Revenue. The 
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proposition shall be in
substantially the following form:

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-------------------------------------------------------------

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    Shall a public library be established    YES

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and maintained in (name of incorporated  --------------------

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town, village or township)?                  NO

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    If the petition specified a maximum tax rate in excess of 
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the
statutory maximum tax rate of .15%, the proposition shall 
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be in
substantially the following form:

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-------------------------------------------------------------

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    Shall a public library be

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established and maintained in (name of

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incorporated town, village or township),     YES

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with a maximum annual public library tax --------------------

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rate at. % of the value of all taxable       NO

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property as equalized and assessed by the

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Department of Revenue?

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    If the majority of all votes cast in the incorporated town, 
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village or
township on the proposition are in favor of a public 
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library, an annual
tax may be levied for the establishment and 
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maintenance of such library,
subject to the limitations of 
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Article 3.

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(Source: P.A. 85-751.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".