Full Text of SB1015 102nd General Assembly
SB1015 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1015 Introduced 2/25/2021, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: | | |
Amends the Public Library District Act of 1991. Makes a technical change in a
Section concerning the automatic disconnection of territory.
|
| |
| | A BILL FOR |
|
| | | SB1015 | | LRB102 05064 AWJ 15083 b |
|
| 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
| 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 | | (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 | 17 | | thereto, for the development and construction of the proposed | 18 | | Hunter Lake to serve as an additional water supply for the City | 19 | | of 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 | 22 | | Library District is nevertheless deemed contiguous for the | 23 | | purposes of this Act. The remaining territory continues to be |
| | | SB1015 | - 2 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | a part of the Chatham Area Public Library District or any | 2 | | successor thereto.
| 3 | | (b) A disconnection by operation of law under this Section | 4 | | does not
occur if, within 60 days after the annexation, the | 5 | | public library
district files with the appropriate circuit | 6 | | court a petition alleging that the
disconnection will cause | 7 | | the territory remaining in the district to be
noncontiguous or | 8 | | that the loss of assessed valuation by reason of the
| 9 | | disconnection will impair the ability of the district to | 10 | | render fully
adequate library service to the territory | 11 | | remaining in the district.
| 12 | | (c) When a petition is filed under subsection (b), the
| 13 | | court shall set it for hearing. At the hearing, the district | 14 | | has the
burden of proving the truth of the allegations in its | 15 | | petition. In
determining whether to grant the petition, the | 16 | | court may
consider at least the following factors:
| 17 | | (i) whether disconnection will cause the territory
| 18 | | remaining in the district to be noncontiguous;
| 19 | | (ii) whether the loss of assessed valuation by reason | 20 | | of the disconnection
will impair the ability of the | 21 | | district to render fully adequate library
service to the | 22 | | territory remaining in the district;
| 23 | | (iii) the convenience of the residents of the
annexed | 24 | | territory and whether a plan exists enabling the residents | 25 | | of the
annexed territory to use either the public library | 26 | | district facilities or
the library facilities of the city, |
| | | SB1015 | - 3 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | village, or incorporated town to which
the territory has | 2 | | been annexed; and
| 3 | | (iv) whether the city, village, or incorporated town | 4 | | has annexed any other
territory within the district within | 5 | | the preceding 2 years and the cumulative
effect of those | 6 | | annexations on the financial viability of the district.
| 7 | | The Court may consider comments by the Illinois State | 8 | | Library, the annexing
municipality and its public library, and | 9 | | the library system or systems to which
the affected libraries | 10 | | belong. This does not create a right of intervention in
these | 11 | | parties.
| 12 | | (d) After the hearing, the Court may grant the relief it | 13 | | deems
appropriate, including, but not limited to, any of the | 14 | | following: (i)
denial of the disconnection; (ii) disconnection | 15 | | of the territory from the
public library district; (iii) | 16 | | disconnection of the territory from the
public library | 17 | | district in parts over a specific period of time not to exceed
| 18 | | 5 years; (iv) court approval of a voluntary agreement between | 19 | | the parties
that provides for the sharing of real estate tax | 20 | | revenues from the annexed
territory for a limited period of | 21 | | time not to exceed 5 years unless
extended by mutual agreement | 22 | | of the parties; or (v)
submission of the question of | 23 | | disconnection of the territory to the
electors of the annexed | 24 | | territory at a referendum to be held at the next
general | 25 | | election in accordance with the general election law. The
| 26 | | proposition at such a referendum shall be in substantially the |
| | | SB1015 | - 4 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | following form:
| 2 | | Shall (describe annexed territory) be disconnected | 3 | | from (name of public
library district)?
| 4 | | If a referendum is held, the result of the election shall | 5 | | be entered of
record in the Court. If a majority of votes cast | 6 | | upon the question in the
annexed territory are for | 7 | | disconnection of the annexed territory from the
public library | 8 | | district, the territory shall be disconnected from the
public | 9 | | library district.
| 10 | | (e) If there are any general obligation bonds of the | 11 | | public library district
outstanding and unpaid at the time the | 12 | | territory is disconnected from the
public library district by | 13 | | operation of this Section, the disconnected
territory shall | 14 | | remain liable for its proportionate share of that bonded
| 15 | | indebtedness, and the public library district may continue to | 16 | | levy and extend
taxes upon the taxable property in the | 17 | | territory for the purpose of amortizing
the bonds until | 18 | | sufficient funds to retire the bonds have been collected.
| 19 | | (f) The county clerk must extend taxes to pay the | 20 | | principal of and
interest
on any general obligation bonds | 21 | | issued to refund any bond described in
subsection (e), as | 22 | | provided in the bond ordinances on file in the office of the
| 23 | | county clerk, against all taxable property in the district, | 24 | | including taxable
property that was in the district on the | 25 | | date that the bonds being refunded
were issued; provided, | 26 | | however, that (i) the net interest rate on the refunding
bonds |
| | | SB1015 | - 5 - | LRB102 05064 AWJ 15083 b |
|
| 1 | | may not exceed the net interest rate on the refunded
bonds, | 2 | | (ii) the final maturity date of the refunding bonds may not | 3 | | extend
beyond the final maturity date of the refunded bonds, | 4 | | and (iii) the debt
service payable on the refunding bonds in | 5 | | any year may not exceed the debt
service that would have been | 6 | | payable on the refunded bonds in that year. This
subsection is
| 7 | | inoperative after June 30, 2002.
| 8 | | (Source: P.A. 96-249, eff. 8-11-09.)
|
|