Full Text of SB0847 94th General Assembly
SB0847ham002 94TH GENERAL ASSEMBLY
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Rep. Kathleen A. Ryg
Filed: 5/17/2005
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| AMENDMENT TO SENATE BILL 847
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| AMENDMENT NO. ______. Amend Senate Bill 847, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following: | 5 |
| "Section 5. The Public Library District Act of 1991 is | 6 |
| amended by adding Section 15-82 as follows: | 7 |
| (75 ILCS 16/15-82 new) | 8 |
| Sec. 15-82. Disconnection of municipalities and townships; | 9 |
| advisory question; disconnection procedures. | 10 |
| (a) An advisory question of public policy concerning the | 11 |
| disconnection of a municipality or township from the public | 12 |
| library district may be placed on the ballot (i) upon the | 13 |
| adoption of an ordinance by the governing body of the | 14 |
| municipality or township or (ii) when 5% of the legal voters of | 15 |
| the public library district present a petition to the board of | 16 |
| trustees requesting the advisory question. The governing body | 17 |
| adopting an ordinance or the board of trustees receiving a | 18 |
| petition must certify the question to the proper election | 19 |
| authority, which, in accordance with the Election Code, must | 20 |
| submit the question to the electors at the next regularly | 21 |
| scheduled election in each public library district in which the | 22 |
| municipality or township is located. | 23 |
| The election authority must submit the question in | 24 |
| substantially the following form: |
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| Should the (insert name of township or | 2 |
| municipality) be disconnected from (insert name of | 3 |
| library district)? | 4 |
| The votes must be recorded as "Yes" or "No".
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| (b) Regardless of the occurrence or outcome of any advisory | 6 |
| question under subsection (a), the governing body of a | 7 |
| municipality or township may adopt an ordinance to disconnect | 8 |
| the territory of the municipality or township from the public | 9 |
| library district. Any ordinance adopted under this subsection | 10 |
| shall not take effect until it is approved by the board of | 11 |
| trustees of each public library district in which any part of | 12 |
| the municipality or township is located. | 13 |
| (c) If the disconnecting entity is a city, then, no later | 14 |
| than 90 days after the adoption of the disconnection ordinance, | 15 |
| the governing body of the city must establish and maintain a | 16 |
| public library under Section 2-1 of the Illinois Local Library | 17 |
| Act. | 18 |
| If the disconnecting entity is an incorporated town, a | 19 |
| village, or a township, then, no later than 90 days after the | 20 |
| adoption of the disconnection ordinance, the governing body of | 21 |
| the incorporated town, village, or township must adopt an | 22 |
| ordinance for a referendum to establish a public library under | 23 |
| Section 2-2 of the Illinois Local Library Act. | 24 |
| (d) After an ordinance to establish and maintain a library | 25 |
| is adopted by a city under Section 2-1 of the Illinois Local | 26 |
| Library Act or after the approval by the electors in an | 27 |
| incorporated town, a village, or a township of a referendum to | 28 |
| establish and maintain a library under Section 2-2 of the | 29 |
| Illinois Local Library Act, the municipality or township shall | 30 |
| file with the circuit court in which a majority of the | 31 |
| disconnected territory lies an appropriate petition and a | 32 |
| certified copy of the disconnection ordinance. The petition | 33 |
| shall request entry of an order of disconnection and the | 34 |
| preparation of an appraisal setting forth the value of the |
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| tangible property of the district, the liabilities of the | 2 |
| district, and the excess of the liabilities over tangible | 3 |
| assets or property. Notice shall be published by and within the | 4 |
| disconnecting territory. | 5 |
| The circuit court shall, after a hearing upon the matter, | 6 |
| enter its order revising the limits and boundaries of the | 7 |
| district and setting forth the liability, if any, yet to be | 8 |
| retired and paid for by the property owners of the disconnected | 9 |
| territory. | 10 |
| (e) When any territory has been disconnected from a | 11 |
| district under this Section and the court order providing for | 12 |
| the disconnection also sets forth a continuing liability to be | 13 |
| paid by the property owners of the disconnected territory, then | 14 |
| the county collector of each county affected shall debit upon | 15 |
| his or her books the taxes to be paid and thereafter levied by | 16 |
| the district and extended against taxable property within the | 17 |
| disconnected territory. The county clerk shall continue to | 18 |
| extend district library taxes upon the taxable property within | 19 |
| the disconnected territory, and the county collector shall | 20 |
| continue to collect district library taxes upon the taxable | 21 |
| property within the disconnected territory until the excess | 22 |
| liability has been paid and retired. | 23 |
| The residents and property owners of the disconnected | 24 |
| territory are entitled to full and free library service from | 25 |
| the district until the earlier of: (i) the final and full | 26 |
| payment of the liability; or (ii) the entry of the | 27 |
| disconnection order by the court. Upon the date of | 28 |
| disconnection, the residents and property owners of the | 29 |
| disconnected territory shall no longer be subject to any tax | 30 |
| levies by the district other than levies for the excess | 31 |
| liability. Upon full and final payment of the liability and | 32 |
| thereafter, no resident or property owner of the disconnected | 33 |
| territory shall have any right, title, and interest in and to | 34 |
| the assets and tangible property of the district affected by |
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| the disconnection.
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| (f) The board must record a certified copy of the | 3 |
| disconnection order with the recorder of deeds and with the | 4 |
| county clerk and county collector of each county affected.
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| Section 10. The Illinois Local Library Act is amended by | 6 |
| 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 | 9 |
| education
for citizens of Illinois, the citizens residing in a | 10 |
| village, incorporated
town or township without local library | 11 |
| service may establish and maintain a
public library for the use | 12 |
| and benefit of the residents of the respective
village, | 13 |
| incorporated town or township as herein provided.
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| Upon the adoption of an ordinance by the governing body of | 15 |
| an incorporated town, village, or township or when
When 100 | 16 |
| legal voters of any incorporated town, village or
township | 17 |
| 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 | 20 |
| the question of
whether to establish and maintain a public | 21 |
| library to the proper election
authorities who shall submit the | 22 |
| question at a regular election in accordance
with the general | 23 |
| election law.
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| The petition shall specify the maximum library tax rate, if | 25 |
| the rate
is to be in excess of .15%. In no case shall the rate | 26 |
| specified in the
petition be in excess of .60% of the value as | 27 |
| equalized and assessed by
the Department of Revenue. The | 28 |
| proposition shall be in
substantially the following form:
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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 | 3 |
| the
statutory maximum tax rate of .15%, the proposition shall | 4 |
| be in
substantially the following form:
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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, | 15 |
| village or
township on the proposition are in favor of a public | 16 |
| library, an annual
tax may be levied for the establishment and | 17 |
| maintenance of such library,
subject to the limitations of | 18 |
| Article 3.
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| (Source: P.A. 85-751 .)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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