Rep. Kathleen A. Ryg

Filed: 5/17/2005

 

 


 

 


 
09400SB0847ham002 LRB094 04475 BDD 46733 a

1
AMENDMENT TO SENATE BILL 847

2     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:

 

 

09400SB0847ham002 - 2 - LRB094 04475 BDD 46733 a

1             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".
5     (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

 

 

09400SB0847ham002 - 3 - LRB094 04475 BDD 46733 a

1 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

 

 

09400SB0847ham002 - 4 - LRB094 04475 BDD 46733 a

1 the disconnection.
2     (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.
 
5     Section 10. The Illinois Local Library Act is amended by
6 changing Section 2-2 as follows:
 
7     (75 ILCS 5/2-2)  (from Ch. 81, par. 2-2)
8     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.
14     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
18 establishment and maintenance of a public library in such
19 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.
24     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:
29 -------------------------------------------------------------
30     Shall a public library be established    YES
31 and maintained in (name of incorporated  --------------------
32 town, village or township)?                  NO

 

 

09400SB0847ham002 - 5 - LRB094 04475 BDD 46733 a

1 -------------------------------------------------------------
2     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:
5 -------------------------------------------------------------
6     Shall a public library be
7 established and maintained in (name of
8 incorporated town, village or township),     YES
9 with a maximum annual public library tax --------------------
10 rate at. % of the value of all taxable       NO
11 property as equalized and assessed by the
12 Department of Revenue?
13 -------------------------------------------------------------
14     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.
19 (Source: P.A. 85-751.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.".