SB 847 — LOCAL GOVERNMENT-TECH

SB0847 EngrossedEnrolled LRB094 04475 MKM 34504 b AN ACT concerning local government.

Disconnection fromof district.municipalities and townships;

(a)advisory Anyquestion; municipality or township that has a public and tax-supported library established under the provisions of any statute may be disconnected from a public library district by one of the following methods:

(1) If a tax-supported public library is established in any municipality or township lying wholly or partially within a library district, the Board of Trustees of the library district may enact an ordinance providing for the disconnection ofprocedures. the library district from the municipality or township and providing for 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 the assets.

The(a) BoardAn ofadvisory Trusteesquestion shallof providepublic forpolicy concerning the disconnection andof appraisala onlymunicipality ifor (i)township from the territorypublic tolibrary bedistrict disconnectedmay comprisesbe lessplaced thanon 10% of the districtballot or(i) (ii)upon the taxesadoption collectedof an ordinance by the districtgoverning frombody of the territorymunicipality toor betownship disconnectedor amount(ii) towhen less5% than 10% of the totallegal amountvoters of the public library taxesdistrict collectedpresent bya petition to the districtboard annually.of trustees requesting the advisory question.

(2) The electorsgoverning ofbody theadopting libraryan districtordinance residingor inthe bothboard theof municipalitytrustees orreceiving townshipa andpetition must certify the libraryquestion districtto maythe callproper forelection theauthority, disconnectionwhich, byin filingaccordance with the BoardElection ofCode, Trusteesmust asubmit petitionthe signedquestion byto the electors at leastthe 100next ofregularly thescheduled electorselection residingin each public library district in bothwhich the municipality or township andis thelocated. library district.

The Board must certify the question to SB0847 Engrossed - 2 - LRB094 04475 MKM 34504 b the proper election authority, which must submit the question to the electors residing in both the municipality or township and the library district at an election in accordance with the Election Code.

ShallShould the (insert name of township or municipality) be disconnected from (insert name of library district)? IfThe avotes majoritymust ofbe therecorded electorsas voting"Yes" on the question vote in the affirmative, then the library district is disconnected from the municipality or township."No".

(b) TheRegardless district shall, upon enactment of athe disconnectionoccurrence ordinance or uponoutcome anof electionany approvingadvisory disconnection,question fileunder withsubsection circuit(a), courtthe ingoverning whichbody of a majoritymunicipality ofor thetownship disconnectedmay territoryadopt lies an appropriateordinance petitionto anddisconnect athe certifiedterritory copy of the saidmunicipality ordinance or atownship certificatefrom by the Boardpublic oflibrary thedistrict. results of the election.

Any ordinance adopted under this subsection SB0847 Enrolled - 2 - LRB094 04475 MKM 34504 b 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.

(d)(e) When any territory has been disconnected from a district under this Section and the court order providing for SB0847 Enrolled - 3 - LRB094 04475 MKM 34504 b 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 SB0847 Engrossed - 3 - LRB094 04475 MKM 34504 b 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.

UntilThe final and full payment of the liability, the residents and property owners of the disconnected territory shallare be entitled to full and free library service from the district.district until the earlier of:

Upon(i) the datefinal of disconnection, the residents and propertyfull ownerspayment of the disconnectedliability; territory shall no longer be subject to any tax levies by the district.

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.

(d)(f) The disconnectingboard territorymust shallrecord beara allcertified expensescopy of athe disconnection electionorder andwith allthe otherrecorder costsof deeds and expenseswith incurredthe ascounty aclerk resultand ofcounty disconnectioncollector under item (1) of subsectioneach (a).county affected.

(e)Section The10. Board shall 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.

The Illinois Local Library Act is amended by changing Section 99.2-2 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 SB0847 Enrolled - 4 - LRB094 04475 MKM 34504 b 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 SB0847 Enrolled - 5 - LRB094 04475 MKM 34504 b 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.