Illinois General Assembly - Full Text of HB4519
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Full Text of HB4519  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. C.D. Davidsmeyer


75 ILCS 16/15-15
75 ILCS 16/15-20 rep.

    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.

LRB100 16150 AWJ 31269 b






HB4519LRB100 16150 AWJ 31269 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Library District Act of 1991 is
5amended by changing Section 15-15 as follows:
6    (75 ILCS 16/15-15)
7    Sec. 15-15. Territory included within municipality or
8school district.
9    (a) A district may, by ordinance and referendum, annex
10territory 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.
17An ordinance under this subsection must describe the territory
18to be annexed. Prior to adopting the ordinance, the board of
19trustees of the library district shall send notice of the
20proposed ordinance to the president of the board of trustees of
21each public library located within one mile of the territory to
22be annexed. The library district may, in addition, provide
23notice of a proposed annexation ordinance on a website



HB4519- 2 -LRB100 16150 AWJ 31269 b

1maintained by the library district. At any meeting of the board
2of trustees in which an annexation ordinance under this Section
3is considered, the board shall provide a reasonable opportunity
4for any interested person to make public comments on the
5proposed annexation ordinance.
6    (b) Within 15 days of the passage of the annexation
7ordinance, the library district shall send notice of the
8adoption of the ordinance, a copy of the map showing the
9boundaries of the territory to be annexed, and a copy of the
10text of the publication notice required in this Section to the
11president of the board of trustees of each public library with
12territory within one mile of the territory to be annexed.
13Within 15 days after the adoption of the ordinance it shall be
14published as provided in Section 1-30. The board may vacate an
15annexation ordinance before its publication.
16    (c) The publication or posting of the ordinance shall
17include a notice of (i) the specific number of voters required
18to sign a petition requesting that the question of the adoption
19of the ordinance to be submitted to the voters of the district
20or the territory to be annexed and or both, (ii) the time in
21which the petition must be filed, and (iii) the date of the
22prospective referendum. The district secretary shall provide a
23petition form to any individual requesting one.
24    (d) Upon the passage of the annexation ordinance under this
25Section If no petition is filed with the library district
26within 30 days after publication or posting of the ordinance,



HB4519- 3 -LRB100 16150 AWJ 31269 b

1the annexation shall take effect. If, however, within the 30
2day period, a petition is filed with the Board of Trustees of
3the library district, signed by voters of the district or the
4territory to be annexed, or both, equal in number to 10% or
5more of the total number of registered voters in the district,
6the territory to be annexed or both, asking that the question
7of the annexation of the territory be submitted to the voters
8of the territory, the board of trustees shall may vacate the
9annexation ordinance or certify the question to the proper
10election authority, who shall submit the question at the next
11regular election. Notice of this election shall be given and
12the election shall be conducted in accordance with the Election
13Code. The proposition shall be submitted to the voters in
14substantially 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
18district, and also a majority of votes cast upon the
19proposition in the territory to be annexed, are in favor of the
20proposition, the Board of Trustees of the library district may
21conclude the annexation of the territory.
22    (f) If, before the effective date of this amendatory Act of
23the 100th General Assembly this amendatory Act of the 94th
24General Assembly, a district has annexed territory under this
25Section and that annexation complies with the requirements set
26forth in this Section, as changed by this amendatory Act of the



HB4519- 4 -LRB100 16150 AWJ 31269 b

194th General Assembly, then, for all purposes, that annexation
2is hereby validated, ratified, and declared to be in full force
3and effect. from: (i) 30 days after publication or posting of
4the ordinance if no petition was filed with the library
5district under subsection (d); or (ii) if a petition was filed,
6on the date that the district concluded the annexation of the
7territory 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
11amended by repealing Section 15-20.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.