Full Text of SB0847 94th General Assembly
SB0847ham001 94TH GENERAL ASSEMBLY
|
Local Government Committee
Filed: 5/11/2005
|
|
09400SB0847ham001 |
|
LRB094 04475 BDD 45980 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 847
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 847 by replacing | 3 |
| everything after the enacting clause with the following: | 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 may be disconnected from a | 9 |
| public library district as follows: | 10 |
| (1) upon a vote of the majority of the members of its | 11 |
| governing body, the municipality or township may authorize | 12 |
| an advisory question of public policy to be placed on the | 13 |
| ballot at the next regularly scheduled election in each | 14 |
| public library district in which the municipality or | 15 |
| township is located. The governing body shall certify the | 16 |
| question to the proper election authority, which must | 17 |
| submit the question to the electors of each affected | 18 |
| library district at an election in accordance with the | 19 |
| Election Code. | 20 |
| The election authority must submit the question in | 21 |
| substantially the following form: | 22 |
| Should the (insert name of township or | 23 |
| municipality) be disconnected from (insert name of | 24 |
| library district)? |
|
|
|
09400SB0847ham001 |
- 2 - |
LRB094 04475 BDD 45980 a |
|
| 1 |
| The election authority must record the votes as "Yes" or | 2 |
| "No".
| 3 |
| (2) After the completion of an advisory referendum | 4 |
| under item (1), the governing body of the municipality or | 5 |
| township may adopt an ordinance to disconnect the territory | 6 |
| of the municipality or township from the public library | 7 |
| district. Any ordinance adopted under this item (2) shall | 8 |
| not take effect until it is approved by the board of | 9 |
| trustees of each public library district in which any part | 10 |
| of the municipality or township is located. | 11 |
| (b) The municipality or township shall, upon enactment of a | 12 |
| disconnection ordinance, file with the circuit court in which a | 13 |
| majority of the disconnected territory lies an appropriate | 14 |
| petition and a certified copy of the ordinance. The petition | 15 |
| shall request entry of an order of disconnection and the | 16 |
| preparation of an appraisal setting forth the value of the | 17 |
| tangible property of the district, the liabilities of the | 18 |
| district, and the excess of the liabilities over tangible | 19 |
| assets or property. Notice shall be published by and within the | 20 |
| disconnecting territory. | 21 |
| The circuit court shall, after a hearing upon the matter, | 22 |
| enter its order revising the limits and boundaries of the | 23 |
| district and setting forth the liability, if any, yet to be | 24 |
| retired and paid for by the property owners of the disconnected | 25 |
| territory. | 26 |
| (d) When any territory has been disconnected from a | 27 |
| district under this Section and the court order providing for | 28 |
| the disconnection also sets forth a continuing liability to be | 29 |
| paid by the property owners of the disconnected territory, then | 30 |
| the county collector of each county affected shall debit upon | 31 |
| his or her books the taxes to be paid and thereafter levied by | 32 |
| the district and extended against taxable property within the | 33 |
| disconnected territory. The county clerk shall continue to | 34 |
| extend district library taxes upon the taxable property within |
|
|
|
09400SB0847ham001 |
- 3 - |
LRB094 04475 BDD 45980 a |
|
| 1 |
| the disconnected territory, and the county collector shall | 2 |
| continue to collect district library taxes upon the taxable | 3 |
| property within the disconnected territory until the excess | 4 |
| liability has been paid and retired. | 5 |
| The residents and property owners of the disconnected | 6 |
| territory are entitled to full and free library service from | 7 |
| the district until the earlier of: (i) the final and full | 8 |
| payment of the liability; or (ii) the submission of a | 9 |
| referendum under Section 2-2 of the Illinois Local Library Act | 10 |
| to the electors of the municipality or township. Upon the date | 11 |
| of disconnection, the residents and property owners of the | 12 |
| disconnected territory shall no longer be subject to any tax | 13 |
| levies by the district. Upon full and final payment of the | 14 |
| liability and thereafter, no resident or property owner of the | 15 |
| disconnected territory shall have any right, title, and | 16 |
| interest in and to the assets and tangible property of the | 17 |
| district affected by the disconnection.
| 18 |
| (d) The board must record a certified copy of the | 19 |
| disconnection order with the recorder of deeds and with the | 20 |
| county clerk and county collector of each county affected. | 21 |
| (e) No later than 90 days after the certified copy of the | 22 |
| disconnection order is recorded, the governing body of the | 23 |
| municipality or township must adopt an ordinance for a | 24 |
| referendum to establish a public library under Section 2-2 of | 25 |
| the Illinois Local Library Act.
| 26 |
| Section 10. The Illinois Local Library Act is amended by | 27 |
| changing Section 2-2 as follows:
| 28 |
| (75 ILCS 5/2-2) (from Ch. 81, par. 2-2)
| 29 |
| Sec. 2-2. To provide local public institutions of general | 30 |
| education
for citizens of Illinois, the citizens residing in a | 31 |
| village, incorporated
town or township without local library | 32 |
| service may establish and maintain a
public library for the use |
|
|
|
09400SB0847ham001 |
- 4 - |
LRB094 04475 BDD 45980 a |
|
| 1 |
| and benefit of the residents of the respective
village, | 2 |
| incorporated town or township as herein provided.
| 3 |
| Upon the adoption of an ordinance by the governing body of | 4 |
| an incorporated town, village, or township or when
When 100 | 5 |
| legal voters of any incorporated town, village or
township | 6 |
| present a petition to the clerk thereof asking for the
| 7 |
| establishment and maintenance of a public library in such
| 8 |
| incorporated town, village or township, the clerk shall certify | 9 |
| the question of
whether to establish and maintain a public | 10 |
| library to the proper election
authorities who shall submit the | 11 |
| question at a regular election in accordance
with the general | 12 |
| election law.
| 13 |
| The petition shall specify the maximum library tax rate, if | 14 |
| the rate
is to be in excess of .15%. In no case shall the rate | 15 |
| specified in the
petition be in excess of .60% of the value as | 16 |
| equalized and assessed by
the Department of Revenue. The | 17 |
| proposition shall be in
substantially the following form:
| 18 |
| -------------------------------------------------------------
| 19 |
| Shall a public library be established YES
| 20 |
| and maintained in (name of incorporated --------------------
| 21 |
| town, village or township)? NO
| 22 |
| -------------------------------------------------------------
| 23 |
| If the petition specified a maximum tax rate in excess of | 24 |
| the
statutory maximum tax rate of .15%, the proposition shall | 25 |
| be in
substantially the following form:
| 26 |
| -------------------------------------------------------------
| 27 |
| Shall a public library be
| 28 |
| established and maintained in (name of
| 29 |
| incorporated town, village or township), YES
| 30 |
| with a maximum annual public library tax --------------------
| 31 |
| rate at. % of the value of all taxable NO
| 32 |
| property as equalized and assessed by the
| 33 |
| Department of Revenue?
| 34 |
| -------------------------------------------------------------
|
|
|
|
09400SB0847ham001 |
- 5 - |
LRB094 04475 BDD 45980 a |
|
| 1 |
| If the majority of all votes cast in the incorporated town, | 2 |
| village or
township on the proposition are in favor of a public | 3 |
| library, an annual
tax may be levied for the establishment and | 4 |
| maintenance of such library,
subject to the limitations of | 5 |
| Article 3.
| 6 |
| (Source: P.A. 85-751 .)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
|
|