Full Text of HB4519 100th General Assembly
HB4519 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4519 Introduced , by Rep. C.D. Davidsmeyer SYNOPSIS AS INTRODUCED: |
| 75 ILCS 16/15-15 | | 75 ILCS 16/15-20 rep. | |
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Amends the Public Library District Act. Provides that territory annexed by a public library district included within a municipality or school district shall be approved by ordinance of the board, publication or posting, and voter referendum (rather than only by ordinance of the board with the option for a back-door referendum to prevent the annexation). Repeals provisions allowing a referendum to disconnect annexed territory from a library district. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB4519 | | LRB100 16150 AWJ 31269 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Library District Act of 1991 is | 5 | | amended by changing Section 15-15 as follows:
| 6 | | (75 ILCS 16/15-15)
| 7 | | Sec. 15-15. Territory included within municipality or | 8 | | school district.
| 9 | | (a) A district may, by ordinance and referendum , annex | 10 | | territory if that territory is: | 11 | | (1) located within the boundaries of a municipality or | 12 | | school district that is included, entirely or partially, | 13 | | within the district; | 14 | | (2) contiguous to the district; and | 15 | | (3) without local, tax-supported public library | 16 | | service.
| 17 | | An ordinance under this subsection must describe the territory | 18 | | to be annexed.
Prior to adopting the ordinance, the board of | 19 | | trustees of the library district shall send notice of the | 20 | | proposed ordinance to the president of the board of trustees of | 21 | | each public library located within one mile of the territory to | 22 | | be annexed. The library district may, in addition, provide | 23 | | notice of a proposed annexation ordinance on a website |
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| 1 | | maintained by the library district. At any meeting of the board | 2 | | of trustees in which an annexation ordinance under this Section | 3 | | is considered, the board shall provide a reasonable opportunity | 4 | | for any interested person to make public comments on the | 5 | | proposed annexation ordinance.
| 6 | | (b) Within 15 days of the passage of the
annexation | 7 | | ordinance, the library district shall send notice of the
| 8 | | adoption of the ordinance, a copy of the map showing the | 9 | | boundaries of the
territory to be annexed, and a copy of the | 10 | | text of the publication notice
required in this Section to the | 11 | | president of the board of trustees of each
public library with | 12 | | territory within one mile of the territory to be
annexed. | 13 | | Within 15 days after the adoption of the ordinance it shall be
| 14 | | published as provided in Section 1-30. The board may vacate an
| 15 | | annexation ordinance before its publication.
| 16 | | (c) The publication or posting of the ordinance shall | 17 | | include a notice of
(i) the specific number of voters required | 18 | | to sign a petition requesting that
the question of the adoption | 19 | | of the ordinance to be submitted to the voters of the
district | 20 | | or the territory to be annexed and or both, (ii) the time in | 21 | | which the
petition must be filed, and (iii) the date of the | 22 | | prospective referendum. The
district secretary shall provide a | 23 | | petition form to any individual requesting
one.
| 24 | | (d) Upon the passage of the annexation ordinance under this | 25 | | Section If no petition is filed with the library district | 26 | | within 30
days after publication or posting of the ordinance, |
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| 1 | | the annexation shall
take effect. If, however, within the 30 | 2 | | day period, a petition is filed with
the Board of Trustees of | 3 | | the library district, signed by voters of the
district or the | 4 | | territory to be annexed, or both, equal in number
to 10% or | 5 | | more of the total number of registered voters in the district,
| 6 | | the territory to be annexed or both, asking that the question | 7 | | of the
annexation of the territory be submitted to the voters | 8 | | of the territory , the
board of trustees shall may vacate the | 9 | | annexation ordinance or certify the question
to the proper | 10 | | election authority, who shall submit the question at the next
| 11 | | regular election. Notice of this election shall be given and | 12 | | the election
shall be conducted in accordance with the Election | 13 | | Code. The proposition shall
be submitted to the voters in | 14 | | substantially the following form:
| 15 | | Shall (description of territory) be annexed to (name of | 16 | | public library
district), (location), Illinois?
| 17 | | (e) If a majority of votes cast upon the proposition in the
| 18 | | district, and also a majority of votes cast upon the | 19 | | proposition in the
territory to be annexed, are in favor of the | 20 | | proposition, the Board
of Trustees of the library district may | 21 | | conclude the annexation of the
territory.
| 22 | | (f) If, before the effective date of this amendatory Act of | 23 | | the 100th General Assembly this amendatory Act of the 94th | 24 | | General Assembly , a district has annexed territory under this | 25 | | Section and that annexation complies with the requirements set | 26 | | forth in this Section, as changed by this amendatory Act of the |
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| 1 | | 94th General Assembly, then, for all purposes , that annexation | 2 | | is hereby validated, ratified, and declared to be in full force | 3 | | and effect . from: (i) 30
days after publication or posting of | 4 | | the ordinance if no petition was filed with the library | 5 | | district under subsection (d); or (ii) if a petition was filed, | 6 | | on the date that the district concluded the annexation of the | 7 | | territory under subsection (e).
| 8 | | (Source: P.A. 94-899, eff. 6-22-06; 95-161, eff. 1-1-08.)
| 9 | | (75 ILCS 16/15-20 rep.)
| 10 | | Section 10. The Public Library District Act of 1991 is | 11 | | amended by repealing Section 15-20.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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