Bill Text: IL SB1024 | 2021-2022 | 102nd General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 3-9(a) / Re-referred to Assignments [SB1024 Detail]

Download: Illinois-2021-SB1024-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1024 Introduced 2/25/2021, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
75 ILCS 16/15-85
Amends the Public Library District Act of 1991. Makes a technical change in a Section concerning the automatic disconnection of territory.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Library District Act of 1991 is
amended by changing Section 15-85 as follows:
(75 ILCS 16/15-85)
Sec. 15-85. Automatic disconnection from district.
(a) Any territory within a public library district that
that is or has been annexed to a municipality (where that
municipality maintains a public library) is, by operation of
law, disconnected from the public library district as of the
January first next after the territory is annexed.
(a-5) If at anytime prior to, on, or after the effective
date of this amendatory Act of the 96th General Assembly, the
City of Springfield, Illinois, annexes territory within the
Chatham Area Public Library District, or any successor
thereto, for the development and construction of the proposed
Hunter Lake to serve as an additional water supply for the City
of Springfield and under subsection (a) that territory is
disconnected from the Chatham Area Public Library District,
then all remaining territory of the Chatham Area Public
Library District is nevertheless deemed contiguous for the
purposes of this Act. The remaining territory continues to be

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a part of the Chatham Area Public Library District or any
successor thereto.
(b) A disconnection by operation of law under this Section
does not occur if, within 60 days after the annexation, the
public library district files with the appropriate circuit
court a petition alleging that the disconnection will cause
the territory remaining in the district to be noncontiguous or
that the loss of assessed valuation by reason of the
disconnection will impair the ability of the district to
render fully adequate library service to the territory
remaining in the district.
(c) When a petition is filed under subsection (b), the
court shall set it for hearing. At the hearing, the district
has the burden of proving the truth of the allegations in its
petition. In determining whether to grant the petition, the
court may consider at least the following factors:
(i) whether disconnection will cause the territory
remaining in the district to be noncontiguous;
(ii) whether the loss of assessed valuation by reason
of the disconnection will impair the ability of the
district to render fully adequate library service to the
territory remaining in the district;
(iii) the convenience of the residents of the annexed
territory and whether a plan exists enabling the residents
of the annexed territory to use either the public library
district facilities or the library facilities of the city,

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

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following form:
Shall (describe annexed territory) be disconnected
from (name of public library district)?
If a referendum is held, the result of the election shall
be entered of record in the Court. If a majority of votes cast
upon the question in the annexed territory are for
disconnection of the annexed territory from the public library
district, the territory shall be disconnected from the public
library district.
(e) If there are any general obligation bonds of the
public library district outstanding and unpaid at the time the
territory is disconnected from the public library district by
operation of this Section, the disconnected territory shall
remain liable for its proportionate share of that bonded
indebtedness, and the public library district may continue to
levy and extend taxes upon the taxable property in the
territory for the purpose of amortizing the bonds until
sufficient funds to retire the bonds have been collected.
(f) The county clerk must extend taxes to pay the
principal of and interest on any general obligation bonds
issued to refund any bond described in subsection (e), as
provided in the bond ordinances on file in the office of the
county clerk, against all taxable property in the district,
including taxable property that was in the district on the
date that the bonds being refunded were issued; provided,
however, that (i) the net interest rate on the refunding bonds

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may not exceed the net interest rate on the refunded bonds,
(ii) the final maturity date of the refunding bonds may not
extend beyond the final maturity date of the refunded bonds,
and (iii) the debt service payable on the refunding bonds in
any year may not exceed the debt service that would have been
payable on the refunded bonds in that year. This subsection is
inoperative after June 30, 2002.
(Source: P.A. 96-249, eff. 8-11-09.)