SB0847sam001 94TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/11/2005

09400SB0847sam001 LRB094 04475 MKM 44864 a

AMENDMENT TO SENATE BILL 847

AMENDMENT NO. ______. Amend Senate Bill 847 by replacing everything after the enacting clause with the following:

"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 from district.

(a) Any municipality or township that has a public and tax-supported library established under the provisions of any statute may be disconnected from a public library district by one of the following methods:

(1) If a tax-supported public library is established in any municipality or township lying wholly or partially within a library district, the Board of Trustees of the library district may enact an ordinance providing for the disconnection of the library district from the municipality or township and providing for 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 the assets.

The Board of Trustees shall provide for the disconnection and appraisal only if (i) the territory to be disconnected comprises less than 10% of the district or (ii) the taxes collected by the district from the territory to be disconnected amount to less than 10% of the total amount of library taxes collected by the district annually.

(2) The electors of the library district residing in both the municipality or township and the library district may call for the disconnection by filing with the Board of Trustees a petition signed by at least 100 of the electors residing in both the municipality or township and the library district. The Board must certify the question to the proper election authority, which must submit the question to the electors residing in both the municipality or township and the library district at an election in accordance with the Election Code.

The election authority must submit the question in substantially the following form:

Shall the (insert name of township or municipality) be disconnected from (insert name of library district)?

If a majority of the electors voting on the question vote in the affirmative, then the library district is disconnected from the municipality or township.

(b) The district shall, upon enactment of a disconnection ordinance or upon an election approving disconnection, file with circuit court in which a majority of the disconnected territory lies an appropriate petition and a certified copy of the said ordinance or a certificate by the Board of the results of the election. 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.

(d) 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.

Until final and full payment of the liability, the residents and property owners of the disconnected territory shall be entitled to full and free library service from the district. 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. Upon full and final payment of the lability 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.

(d) The disconnecting territory shall bear all expenses of a disconnection election and all other costs and expenses incurred as a result of disconnection under item (1) of subsection (a).

(e) The Board shall 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 99. Effective date. This Act takes effect upon becoming law.".