SB0847 Engrossed LRB094 04475 MKM 34504 b

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 adding Section 15-82 as follows:
 
6     (75 ILCS 16/15-82 new)
7     Sec. 15-82. Disconnection from district.
8     (a) Any municipality or township that has a public and
9 tax-supported library established under the provisions of any
10 statute may be disconnected from a public library district by
11 one of the following methods:
12         (1) If a tax-supported public library is established in
13     any municipality or township lying wholly or partially
14     within a library district, the Board of Trustees of the
15     library district may enact an ordinance providing for the
16     disconnection of the library district from the
17     municipality or township and providing for an appraisal
18     setting forth the value of the tangible property of the
19     district, the liabilities of the district, and the excess
20     of the liabilities over the assets.
21         The Board of Trustees shall provide for the
22     disconnection and appraisal only if (i) the territory to be
23     disconnected comprises less than 10% of the district or
24     (ii) the taxes collected by the district from the territory
25     to be disconnected amount to less than 10% of the total
26     amount of library taxes collected by the district annually.
27         (2) The electors of the library district residing in
28     both the municipality or township and the library district
29     may call for the disconnection by filing with the Board of
30     Trustees a petition signed by at least 100 of the electors
31     residing in both the municipality or township and the
32     library district. The Board must certify the question to

 

 

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1     the proper election authority, which must submit the
2     question to the electors residing in both the municipality
3     or township and the library district at an election in
4     accordance with the Election Code.
5         The election authority must submit the question in
6     substantially the following form:
7             Shall the (insert name of township or
8         municipality) be disconnected from (insert name of
9         library district)?
10         If a majority of the electors voting on the question
11     vote in the affirmative, then the library district is
12     disconnected from the municipality or township.
13     (b) The district shall, upon enactment of a disconnection
14 ordinance or upon an election approving disconnection, file
15 with circuit court in which a majority of the disconnected
16 territory lies an appropriate petition and a certified copy of
17 the said ordinance or a certificate by the Board of the results
18 of the election. The petition shall request entry of an order
19 of disconnection and the preparation of an appraisal setting
20 forth the value of the tangible property of the district, the
21 liabilities of the district, and the excess of the liabilities
22 over tangible assets or property. Notice shall be published by
23 and within the disconnecting territory.
24     The circuit court shall, after a hearing upon the matter,
25 enter its order revising the limits and boundaries of the
26 district and setting forth the liability, if any, yet to be
27 retired and paid for by the property owners of the disconnected
28 territory.
29     (d) When any territory has been disconnected from a
30 district under this Section and the court order providing for
31 the disconnection also sets forth a continuing liability to be
32 paid by the property owners of the disconnected territory, then
33 the county collector of each county affected shall debit upon
34 his or her books the taxes to be paid and thereafter levied by
35 the district and extended against taxable property within the
36 disconnected territory. The county clerk shall continue to

 

 

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1 extend district library taxes upon the taxable property within
2 the disconnected territory, and the county collector shall
3 continue to collect district library taxes upon the taxable
4 property within the disconnected territory until the excess
5 liability has been paid and retired.
6     Until final and full payment of the liability, the
7 residents and property owners of the disconnected territory
8 shall be entitled to full and free library service from the
9 district. Upon the date of disconnection, the residents and
10 property owners of the disconnected territory shall no longer
11 be subject to any tax levies by the district. Upon full and
12 final payment of the liability and thereafter, no resident or
13 property owner of the disconnected territory shall have any
14 right, title, and interest in and to the assets and tangible
15 property of the district affected by the disconnection.
16     (d) The disconnecting territory shall bear all expenses of
17 a disconnection election and all other costs and expenses
18 incurred as a result of disconnection under item (1) of
19 subsection (a).
20     (e) The Board shall record a certified copy of the
21 disconnection order with the recorder of deeds and with the
22 county clerk and county collector of each county affected.
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.