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.