2023 Illinois Compiled Statutes › Chapter 75 - LIBRARIES › 75 ILCS 5/ - Illinois Local Library Act. › Article 3 - Taxation

(75 ILCS 5/Art. 3 heading)
ARTICLE 3.  
		TAXATION
(75 ILCS 5/3-1) (from Ch. 81, par. 3-1)
Sec. 3-1. 
		
		In any city of 500,000 or fewer inhabitants, the
corporate authorities shall levy a tax for library purposes
of not to exceed .15% of the value of all the taxable property
in the city, as equalized or assessed by the Department of
Revenue. If the annual public library tax rate of an established library
was increased above .12% up to .20% prior to 1972 as provided in this Act,
the corporate authorities shall then levy up to an additional .03% above
the increased rate approved at the election. If, however, the corporate
authorities desire to increase the tax rate but not in excess of .60% of
value for such purposes, the corporate authorities may, by ordinance,
stating the tax rate desired, direct that a proposition be submitted to the
voters of the city at any regular election. The proposition shall be in
substantially the form prescribed in Section 3-3. If a majority of the
votes cast upon the proposition are in favor thereof, the corporate
authorities may thereafter levy annually a tax for library purposes at
the authorized increased rate.  Any tax levied pursuant to Section 3-9
shall be disregarded in applying the provisions of this Section.
The corporate authorities may also levy an additional tax of
.02% of the value of all the taxable property in the city, as
equalized or assessed by the Department of Revenue, for the
purchase of sites and buildings, for the
construction and equipment of buildings, for the rental of
buildings required for library purposes, and for maintenance,
repairs and alterations of library buildings and equipment.
In any year in which the corporate authorities propose to
levy such additional .02% tax, the corporate authorities shall
adopt a resolution determining to levy such tax.  Within 15
days after the adoption of the resolution, it shall be
published at least once in one or more newspapers published
in the city, or if no newspaper is published therein, then in
one or more newspapers with a general circulation within the
city.  In a city in which no newspaper is published, publication
may instead be made by posting a notice in three prominent places
within the city. The publication or posting of the resolution shall include
a notice of (1) the specific number of voters required to sign a petition
requesting that the question of the adoption of the resolution be submitted
to the electors of the city; (2) the time in which the petition must be
filed; and (3) the date of the prospective referendum.  The city clerk shall
provide a petition form to any individual requesting one.
If no petition is filed with the corporate authorities within 30 days after
publication or posting of the resolution, or if all petitions so filed are
determined to be invalid or insufficient the city shall then be authorized
to levy the tax.  However, if within the 30 day period, a petition is filed
with the corporate authorities, signed by electors of the city equal in
number to 10% or more of the total number of registered voters in the city,
asking that the question of levying such a .02% tax be submitted to the
electors of the city, the question shall be submitted at an election.
Notice of this referendum shall be given as provided by the general
election laws of the state, and the referendum
shall be held in all respects in accordance with those laws.  The
proposition shall be in substantially the
following form:  "Shall the corporate authorities of (name of
city) be authorized to levy an additional tax of ....% for the
construction of buildings, provision of sites, etc., as determined by
resolution dated (insert date)?".  If a
majority of votes cast upon the  proposition are in favor
thereof, the corporate authorities may levy the additional tax.
(Source: P.A. 91-357, eff. 7-29-99.)
(75 ILCS 5/3-2) (from Ch. 81, par. 3-2)
Sec. 3-2. 
		
		The corporate authorities of any city of over 500,000
population may levy a tax for library maintenance and operation for the
years 1970 and 1971 of not to exceed .10% and for the years thereafter
of not to exceed .12% of the value of all taxable property in the city,
as equalized or assessed by the Department of Revenue.
The corporate authorities may also levy an additional tax of .02% of the
value of all the taxable property in the city, as equalized or assessed
by the Department of Revenue, for the purchase of sites
and buildings, for the construction and equipment of buildings, for the
rental of buildings required for library purposes, and for maintenance,
repairs and alterations of library buildings and equipment. If, however, the
corporate authorities desire to levy a tax for any year after 1971 in
excess of .12% but not in excess of .20% of value for library
maintenance and operation, the corporate authorities may, by ordinance,
stating the tax rate desired, cause a proposition for an assent thereto
to be submitted to the voters of the city at a general election to be
held in November of even numbered years. The
proposition shall be in substantially the form prescribed
in Section 3-3. If a majority of the votes cast upon the proposition are
in favor thereof, the corporate authorities may thereafter levy annually
a tax for library maintenance and operation at the authorized increased
rate. Any tax levied pursuant to Section 3-9 shall be disregarded in
applying the provision of this Section.
(Source: P.A. 81-1489; 81-1509.)
(75 ILCS 5/3-3) (from Ch. 81, par. 3-3)
Sec. 3-3. 
		
		The corporate authorities shall adopt an ordinance providing for
submitting the question of increasing the library tax for maintenance
and operation at such general election and the municipal clerk shall certify
the proposition to the proper election officials, who shall submit the question
at a general election in accordance with the general election law.  The
question shall be in substantially the
following form:
--------------------------------------------------------------
Shall the annual library tax         YES
for maintenance and operation
in (insert name of city) be       ---------------------------
increased from (insert present
tax) to (insert proposed tax)?         NO
--------------------------------------------------------------
(Source: P.A. 81-1489.)
(75 ILCS 5/3-4) (from Ch. 81, par. 3-4)
Sec. 3-4. 
		
		When the electors of an incorporated town, village or
township have voted to establish and maintain a public library as
provided in Section 2-2, the corporate authorities of such incorporated
town, village or township shall levy an annual tax for the establishment
and maintenance of such library, not exceeding .15% of the
value as equalized or assessed by the Department of Revenue. If
the petition and ballots so specify in the original establishment as set
forth in Section 2-2 of this Act, the corporate authorities may levy a
tax in excess of .15%, not to exceed the rate specified in such
establishment petition and ballot, but in any event not to exceed .60%
of the value as equalized and assessed by the Department of Revenue. If
the annual public library tax rate of an established library was increased
above .12% up to .20% prior to 1972 as provided in
this Act, the corporate authorities shall then levy up to an additional
.03% above the increased rate approved at the referendum. Such tax rate
may be increased to not to exceed .60% of the value, as equalized or
assessed by the Department of Revenue, or the excess tax shall
no longer be levied, if the electors of such incorporated town, village
or township shall so determine by referendum at any regular
election. Such referendum shall be petitioned for in the
manner as the referendum for the establishment and maintenance of the
library. Any tax levied pursuant to Section 3-9 shall be disregarded in
applying the provisions of this Section.
The corporate authorities may also levy an additional tax of .02% of
the value of all the taxable property in the incorporated town, village
or township, as equalized or assessed by the Department of Revenue, for
the purchase of sites and buildings, for the
construction and equipment of buildings, for the rental of buildings
required for library purposes, and for maintenance, repairs and
alterations of library buildings and equipment.  In any year in which
the corporate authorities propose to levy such additional .02% tax, the
corporate authorities shall adopt a resolution determining to levy such
tax.  Within 15 days after the adoption of the resolution, it shall be
published at least once in one or more newspapers published in the
incorporated town, village or township, or if no newspaper is published
therein, then in one or more newspapers with a general circulation
therein.  In an incorporated town, village or township in which no
newspaper is published, publication may instead be made by posting a
notice in three prominent places.  The publication or posting of the resolution
shall include a notice of (1) the specific number of voters required to
sign a petition requesting that the question of the adoption of the resolution
be submitted to the electors of the incorporated town, village or township;
(2) the time in which the petition must be filed; and (3) the date of the
prospective referendum.  The clerk of the incorporated town, village or
township, shall provide a petition form to any individual requesting one.
If no petition is filed with the
corporate authorities within 30 days after publication or posting of the
resolution, the incorporated town, village or township shall then be
authorized to levy the tax.  However, if within the 30 day period, a
petition is filed with the corporate authorities, signed by electors of
the incorporated town, village or township equal in number to 10% or
more of the total number of registered voters in the
incorporated town, village or township, asking that the
question of levying such a .02% tax be submitted to the electors
thereof, the question shall be submitted at a special or general
election.  Notice of this election shall be given as provided by the
general election laws of this state in force at the time of the
election, and the election shall be held in all respects in accordance
with those laws.  The ballot on which the proposition is submitted shall
be in substantially the following form:  "Shall the corporate authorities
of (name of incorporated town, village or township) be authorized to
levy an additional tax of ...% for the construction of buildings,
provision of sites, etc., as determined by resolution dated (insert date)?".
If a majority of votes cast upon the proposition are in favor thereof,
the corporate authorities may levy the additional tax.
(Source: P.A. 91-357, eff. 7-29-99.)
(75 ILCS 5/3-5) (from Ch. 81, par. 3-5)
Sec. 3-5. 
		
		The library taxes provided for in this Act shall be levied by the
corporate authorities in the amounts determined by the board and collected
in like manner with other general taxes of the city, village, incorporated
town or township and the proceeds shall be deposited in a special fund,
which shall be known as the library fund. In townships and in cities,
villages and incorporated towns having a population of 50,000 or less the
proceeds of any such tax shall be paid over by the officer charged with the
collection thereof to the board of trustees of the library. Expenditures
from the library fund shall be under the direction of the board of library
trustees.
(Source: P.A. 84-770.)
(75 ILCS 5/3-6) (from Ch. 81, par. 3-6)
Sec. 3-6. 
		
		The library taxes provided for in this Article are in addition to
all other taxes or tax rates authorized to be levied by any city,
incorporated town, village or township and shall not be a part of the taxes
making up any rate prescribed as a limitation on the amount of taxes any
city, incorporated town, village or township may levy.
(Source: Laws 1967, p. 2717.)
(75 ILCS 5/3-7) (from Ch. 81, par. 3-7)
Sec. 3-7. 
		
		(1) When a municipality levies a tax under this Article, which
municipality is situated wholly or partly in a township which also levies a
tax under this Article, the levy and collection of the library taxes are
subject to these provisions:
(a) If a city, village or incorporated town which levies a tax under
this Article is located in a county of less than 1,000,000 inhabitants and
is situated wholly or partly in a township which levies a
tax under this Article, such township may proceed as follows
unless the authority to levy a library tax in the area which lies in both
the municipality and the township has been determined under subsection (c).
The township may cause an abatement in full of the township library tax on
property subject to such tax as also lies within a city, village or
incorporated town which also levies a library tax for the same year.
However, such township may instead pay to such city, village or
incorporated town the entire amount collected for such township from
taxes levied under this Article on property subject to a tax which such
city, village or incorporated town levies under this Article.
Whenever any city, village or incorporated town receives any payments
from a township as provided in this Section, such city, village or
incorporated town shall reduce and abate from the tax levied by the
authority of this Article a rate which would produce an amount equal to
the amount received from such township.
(b) If a city, village or incorporated town which levies a tax under this
Article is located in a county of 1,000,000 or more inhabitants and
is situated wholly or partly in a township which levies a tax under this
Article, such township shall proceed as follows
unless the authority to levy a library tax in the area which lies in both
the municipality and the township has been determined under subsection (c).
The township shall cause an abatement in full of the township library tax
on property subject to such tax as also lies within a city, village or
incorporated town which also levies a library tax for the same year.  However,
such city, village, or incorporated town shall, upon collection of its library
tax on such property, pay 1/2 of the collections to the township for library
purposes.
(c) If any part of a city, village or incorporated town which levies a
tax under this Article is situated within a township which levies a tax
under this Article, the corporate authorities of the municipality or township
may cause the question of which such tax shall be applicable in that area which
is situated in both the municipality and township to be submitted to the
electors of such area at any regular election.  The question shall be certified
to the proper election officials, who shall submit the question at an election
in accordance with the general election law. The question
shall be in substantially the following form:
--------------------------------------------------------------
Shall the area which lies in both (insert name
of municipality) and (insert name of township) be
subject to taxation for library purposes by (insert
name of municipality) or by (insert name of township)?
--------------------------------------------------------------
By (insert name of municipality)
--------------------------------------------------------------
By (insert name of township)
--------------------------------------------------------------
After such election, library taxes under this Article shall be levied and
collected in such area only by the governmental unit which received the
larger number of votes cast in such election.
(2) If a city, village, incorporated town or township which levies a
tax under this Article is situated wholly or partly in a library
district which levies a tax under "The Illinois Public Library District
Act", such city, village, incorporated town or township shall pay to
such library district the entire amount collected for such entity from
library taxes levied under this Article upon taxable property within
such library district.
Whenever any library district receives any payments from any city,
village, incorporated town or township as provided in this Section, such
library district shall reduce and abate from the library tax levied by
the authority of "The Illinois Public Library District Act" on property
which is subject to taxation for library purposes by both the district
and the municipality or township a rate which would produce an amount
equal to the amount received by such library district.
(Source: P.A. 85-751.)
(75 ILCS 5/3-8) (from Ch. 81, par. 3-8)
Sec. 3-8. 
		
		In the event the voters approve of a merger of 2 or more cities,
or villages,
or incorporated towns or townships and the merger affects one or more public libraries
the library taxes levied before such merger, shall continue to be levied
and collected for
library purposes.  The ceiling on the annual tax for the maintenance
of the public library resulting from the merger shall be at a rate not higher than any
lawful rate authorized to be extended before the merger in any of the merged areas.
(Source: P.A. 79-363.)
(75 ILCS 5/3-9) (from Ch. 81, par. 3-9)
Sec. 3-9. 
		
		For the purpose of providing money to establish and
replenish a local library working cash fund authorized by Section 4-13,
corporate authorities shall have the power to levy, upon all the taxable
property of a city, village, incorporated town or township, a tax not to
exceed .05% of the value, as equalized or assessed by the Department of
Revenue for the year in which the levy is made. The tax
shall be levied and collected in like manner with other general taxes of
the city, village, incorporated town or township but the collection of
the tax shall not be anticipated by the issuance of any warrants drawn
against the tax. The tax shall be known as the local library working
cash fund tax and shall be set apart in a special fund as prescribed in
Section 4-13.  Whenever a tax is first levied under this Section, any
taxpayer in the city, village, incorporated town or township may, within
30 days after the levy is made, file with the corporate authorities a
petition signed by voters of the city, village, incorporated town or
township equal in number to 10% or more of
the registered voters of the city, village, incorporated town or
township requesting the submission of a proposition to the voters of the city,
village, incorporated town or township at an election in accordance with
the general election law.  The corporate authority shall certify the
proposition to the proper election officials, who shall submit the
proposition to the voters at an election in accordance with the general
election law.  If a majority of the votes cast upon the proposition are in
favor thereof the tax shall thereafter be authorized; if a majority of the
votes cast upon the proposition are against the proposition the tax shall
not be levied.
No municipality or township may levy a tax under this Section for
more than four years but the four years for which any municipality or
township elects to levy such tax need not be consecutive.
(Source: P.A. 87-767.)