Public Act 094-0681
 
SB0847 Enrolled LRB094 04475 MKM 34504 b

    AN ACT concerning local government.
 
    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 adding Section 15-82 as follows:
 
    (75 ILCS 16/15-82 new)
    Sec. 15-82. Disconnection of municipalities and townships;
advisory question; disconnection procedures.
    (a) An advisory question of public policy concerning the
disconnection of a municipality or township from the public
library district may be placed on the ballot (i) upon the
adoption of an ordinance by the governing body of the
municipality or township or (ii) when 5% of the legal voters of
the public library district present a petition to the board of
trustees requesting the advisory question. The governing body
adopting an ordinance or the board of trustees receiving a
petition must certify the question to the proper election
authority, which, in accordance with the Election Code, must
submit the question to the electors at the next regularly
scheduled election in each public library district in which the
municipality or township is located.
        The election authority must submit the question in
    substantially the following form:
            Should the (insert name of township or
        municipality) be disconnected from (insert name of
        library district)?
    The votes must be recorded as "Yes" or "No".
    (b) Regardless of the occurrence or outcome of any advisory
question under subsection (a), the governing body of a
municipality or township may adopt an ordinance to disconnect
the territory of the municipality or township from the public
library district. Any ordinance adopted under this subsection
shall not take effect until it is approved by the board of
trustees of each public library district in which any part of
the municipality or township is located.
    (c) If the disconnecting entity is a city, then, no later
than 90 days after the adoption of the disconnection ordinance,
the governing body of the city must establish and maintain a
public library under Section 2-1 of the Illinois Local Library
Act.
    If the disconnecting entity is an incorporated town, a
village, or a township, then, no later than 90 days after the
adoption of the disconnection ordinance, the governing body of
the incorporated town, village, or township must adopt an
ordinance for a referendum to establish a public library under
Section 2-2 of the Illinois Local Library Act.
    (d) After an ordinance to establish and maintain a library
is adopted by a city under Section 2-1 of the Illinois Local
Library Act or after the approval by the electors in an
incorporated town, a village, or a township of a referendum to
establish and maintain a library under Section 2-2 of the
Illinois Local Library Act, the municipality or township shall
file with the circuit court in which a majority of the
disconnected territory lies an appropriate petition and a
certified copy of the disconnection ordinance. The petition
shall request entry of an order of disconnection and the
preparation of an appraisal setting forth the value of the
tangible property of the district, the liabilities of the
district, and the excess of the liabilities over tangible
assets or property. Notice shall be published by and within the
disconnecting territory.
    The circuit court shall, after a hearing upon the matter,
enter its order revising the limits and boundaries of the
district and setting forth the liability, if any, yet to be
retired and paid for by the property owners of the disconnected
territory.
    (e) When any territory has been disconnected from a
district under this Section and the court order providing for
the disconnection also sets forth a continuing liability to be
paid by the property owners of the disconnected territory, then
the county collector of each county affected shall debit upon
his or her books the taxes to be paid and thereafter levied by
the district and extended against taxable property within the
disconnected territory. The county clerk shall continue to
extend district library taxes upon the taxable property within
the disconnected territory, and the county collector shall
continue to collect district library taxes upon the taxable
property within the disconnected territory until the excess
liability has been paid and retired.
    The residents and property owners of the disconnected
territory are entitled to full and free library service from
the district until the earlier of: (i) the final and full
payment of the liability; or (ii) the entry of the
disconnection order by the court. Upon the date of
disconnection, the residents and property owners of the
disconnected territory shall no longer be subject to any tax
levies by the district other than levies for the excess
liability. Upon full and final payment of the liability and
thereafter, no resident or property owner of the disconnected
territory shall have any right, title, and interest in and to
the assets and tangible property of the district affected by
the disconnection.
    (f) The board must record a certified copy of the
disconnection order with the recorder of deeds and with the
county clerk and county collector of each county affected.
 
    Section 10. The Illinois Local Library Act is amended by
changing Section 2-2 as follows:
 
    (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 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. 85-751.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 11/3/2005