Bill Text: IL HB1650 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Public Library District Act of 1991. Makes a technical change in a Section concerning the automatic disconnection of territory.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB1650 Detail]
Download: Illinois-2009-HB1650-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Public Library District Act of 1991 is | |||||||||||||||||||
5 | amended by changing Section 15-85 as follows:
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6 | (75 ILCS 16/15-85)
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7 | Sec. 15-85. Automatic disconnection from district.
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8 | (a) Any territory within a public library district that
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9 | that is or
has been annexed to a municipality (where that | |||||||||||||||||||
10 | municipality maintains a
public library) is, by operation of | |||||||||||||||||||
11 | law, disconnected from the public
library district as of the | |||||||||||||||||||
12 | January first next after the territory is annexed. | |||||||||||||||||||
13 | (b) A disconnection by operation of law under this Section | |||||||||||||||||||
14 | does not
occur if, within 60 days after the annexation, the | |||||||||||||||||||
15 | public library
district files with the appropriate circuit | |||||||||||||||||||
16 | court a petition alleging that the
disconnection will cause the | |||||||||||||||||||
17 | territory remaining in the district to be
noncontiguous or that | |||||||||||||||||||
18 | the loss of assessed valuation by reason of the
disconnection | |||||||||||||||||||
19 | will impair the ability of the district to render fully
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20 | adequate library service to the territory remaining in the | |||||||||||||||||||
21 | district.
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22 | (c) When a petition is filed under subsection (b), the
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23 | court shall set it for hearing. At the hearing, the district |
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1 | has the
burden of proving the truth of the allegations in its | ||||||
2 | petition. In
determining whether to grant the petition, the | ||||||
3 | court may
consider at least the following factors:
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4 | (i) whether disconnection will cause the territory
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5 | remaining in the district to be noncontiguous;
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6 | (ii) whether the loss of assessed valuation by reason | ||||||
7 | of the disconnection
will impair the ability of the | ||||||
8 | district to render fully adequate library
service to the | ||||||
9 | territory remaining in the district;
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10 | (iii) the convenience of the residents of the
annexed | ||||||
11 | territory and whether a plan exists enabling the residents | ||||||
12 | of the
annexed territory to use either the public library | ||||||
13 | district facilities or
the library facilities of the city, | ||||||
14 | village, or incorporated town to which
the territory has | ||||||
15 | been annexed; and
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16 | (iv) whether the city, village, or incorporated town | ||||||
17 | has annexed any other
territory within the district within | ||||||
18 | the preceding 2 years and the cumulative
effect of those | ||||||
19 | annexations on the financial viability of the district.
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20 | The Court may consider comments by the Illinois State | ||||||
21 | Library, the annexing
municipality and its public library, and | ||||||
22 | the library system or systems to which
the affected libraries | ||||||
23 | belong. This does not create a right of intervention in
these | ||||||
24 | parties.
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25 | (d) After the hearing, the Court may grant the relief it | ||||||
26 | deems
appropriate, including, but not limited to, any of the |
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1 | following: (i)
denial of the disconnection; (ii) disconnection | ||||||
2 | of the territory from the
public library district; (iii) | ||||||
3 | disconnection of the territory from the
public library district | ||||||
4 | in parts over a specific period of time not to exceed
5 years; | ||||||
5 | (iv) court approval of a voluntary agreement between the | ||||||
6 | parties
that provides for the sharing of real estate tax | ||||||
7 | revenues from the annexed
territory for a limited period of | ||||||
8 | time not to exceed 5 years unless
extended by mutual agreement | ||||||
9 | of the parties; or (v)
submission of the question of | ||||||
10 | disconnection of the territory to the
electors of the annexed | ||||||
11 | territory at a referendum to be held at the next
general | ||||||
12 | election in accordance with the general election law. The
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13 | proposition at such a referendum shall be in substantially the | ||||||
14 | following form:
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15 | Shall (describe annexed territory) be disconnected | ||||||
16 | from (name of public
library district)?
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17 | If a referendum is held, the result of the election shall | ||||||
18 | be entered of
record in the Court. If a majority of votes cast | ||||||
19 | upon the question in the
annexed territory are for | ||||||
20 | disconnection of the annexed territory from the
public library | ||||||
21 | district, the territory shall be disconnected from the
public | ||||||
22 | library district.
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23 | (e) If there are any general obligation bonds of the public | ||||||
24 | library district
outstanding and unpaid at the time the | ||||||
25 | territory is disconnected from the
public library district by | ||||||
26 | operation of this Section, the disconnected
territory shall |
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1 | remain liable for its proportionate share of that bonded
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2 | indebtedness, and the public library district may continue to | ||||||
3 | levy and extend
taxes upon the taxable property in the | ||||||
4 | territory for the purpose of amortizing
the bonds until | ||||||
5 | sufficient funds to retire the bonds have been collected.
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6 | (f) The county clerk must extend taxes to pay the principal | ||||||
7 | of and
interest
on any general obligation bonds issued to | ||||||
8 | refund any bond described in
subsection (e), as provided in the | ||||||
9 | bond ordinances on file in the office of the
county clerk, | ||||||
10 | against all taxable property in the district, including taxable
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11 | property that was in the district on the date that the bonds | ||||||
12 | being refunded
were issued; provided, however, that (i) the net | ||||||
13 | interest rate on the refunding
bonds may not exceed the net | ||||||
14 | interest rate on the refunded
bonds, (ii) the final maturity | ||||||
15 | date of the refunding bonds may not extend
beyond the final | ||||||
16 | maturity date of the refunded bonds, and (iii) the debt
service | ||||||
17 | payable on the refunding bonds in any year may not exceed the | ||||||
18 | debt
service that would have been payable on the refunded bonds | ||||||
19 | in that year. This
subsection is
inoperative after June 30, | ||||||
20 | 2002.
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21 | (Source: P.A. 92-368, eff. 8-15-01.)
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