Illinois General Assembly - Full Text of HB0771
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Full Text of HB0771  96th General Assembly



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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 changing Section 15-85 as follows:
6     (75 ILCS 16/15-85)
7     Sec. 15-85. Automatic disconnection from district.
8     (a) Any territory within a public library district that is
9 or has been annexed to a municipality (where that municipality
10 maintains a public library) is, by operation of law,
11 disconnected from the public library district as of the January
12 first next after the territory is annexed.
13     (a-5) If at anytime prior to, on, or after the effective
14 date of this amendatory Act of the 96th General Assembly, the
15 City of Springfield, Illinois, annexes territory within the
16 Chatham Area Public Library District, or any successor thereto,
17 for the development and construction of the proposed Hunter
18 Lake to serve as an additional water supply for the City of
19 Springfield and under subsection (a) that territory is
20 disconnected from the Chatham Area Public Library District,
21 then all remaining territory of the Chatham Area Public Library
22 District is nevertheless deemed contiguous for the purposes of
23 this Act. The remaining territory continues to be a part of the



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1 Chatham Area Public Library District or any successor thereto.
2     (b) A disconnection by operation of law under this Section
3 does not occur if, within 60 days after the annexation, the
4 public library district files with the appropriate circuit
5 court a petition alleging that the disconnection will cause the
6 territory remaining in the district to be noncontiguous or that
7 the loss of assessed valuation by reason of the disconnection
8 will impair the ability of the district to render fully
9 adequate library service to the territory remaining in the
10 district.
11     (c) When a petition is filed under subsection (b), the
12 court shall set it for hearing. At the hearing, the district
13 has the burden of proving the truth of the allegations in its
14 petition. In determining whether to grant the petition, the
15 court may consider at least the following factors:
16         (i) whether disconnection will cause the territory
17     remaining in the district to be noncontiguous;
18         (ii) whether the loss of assessed valuation by reason
19     of the disconnection will impair the ability of the
20     district to render fully adequate library service to the
21     territory remaining in the district;
22         (iii) the convenience of the residents of the annexed
23     territory and whether a plan exists enabling the residents
24     of the annexed territory to use either the public library
25     district facilities or the library facilities of the city,
26     village, or incorporated town to which the territory has



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1     been annexed; and
2         (iv) whether the city, village, or incorporated town
3     has annexed any other territory within the district within
4     the preceding 2 years and the cumulative effect of those
5     annexations on the financial viability of the district.
6     The Court may consider comments by the Illinois State
7 Library, the annexing municipality and its public library, and
8 the library system or systems to which the affected libraries
9 belong. This does not create a right of intervention in these
10 parties.
11     (d) After the hearing, the Court may grant the relief it
12 deems appropriate, including, but not limited to, any of the
13 following: (i) denial of the disconnection; (ii) disconnection
14 of the territory from the public library district; (iii)
15 disconnection of the territory from the public library district
16 in parts over a specific period of time not to exceed 5 years;
17 (iv) court approval of a voluntary agreement between the
18 parties that provides for the sharing of real estate tax
19 revenues from the annexed territory for a limited period of
20 time not to exceed 5 years unless extended by mutual agreement
21 of the parties; or (v) submission of the question of
22 disconnection of the territory to the electors of the annexed
23 territory at a referendum to be held at the next general
24 election in accordance with the general election law. The
25 proposition at such a referendum shall be in substantially the
26 following form:



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1         Shall (describe annexed territory) be disconnected
2     from (name of public library district)?
3     If a referendum is held, the result of the election shall
4 be entered of record in the Court. If a majority of votes cast
5 upon the question in the annexed territory are for
6 disconnection of the annexed territory from the public library
7 district, the territory shall be disconnected from the public
8 library district.
9     (e) If there are any general obligation bonds of the public
10 library district outstanding and unpaid at the time the
11 territory is disconnected from the public library district by
12 operation of this Section, the disconnected territory shall
13 remain liable for its proportionate share of that bonded
14 indebtedness, and the public library district may continue to
15 levy and extend taxes upon the taxable property in the
16 territory for the purpose of amortizing the bonds until
17 sufficient funds to retire the bonds have been collected.
18     (f) The county clerk must extend taxes to pay the principal
19 of and interest on any general obligation bonds issued to
20 refund any bond described in subsection (e), as provided in the
21 bond ordinances on file in the office of the county clerk,
22 against all taxable property in the district, including taxable
23 property that was in the district on the date that the bonds
24 being refunded were issued; provided, however, that (i) the net
25 interest rate on the refunding bonds may not exceed the net
26 interest rate on the refunded bonds, (ii) the final maturity



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1 date of the refunding bonds may not extend beyond the final
2 maturity date of the refunded bonds, and (iii) the debt service
3 payable on the refunding bonds in any year may not exceed the
4 debt service that would have been payable on the refunded bonds
5 in that year. This subsection is inoperative after June 30,
6 2002.
7 (Source: P.A. 92-368, eff. 8-15-01.)
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.