Full Text of SB0542 97th General Assembly
SB0542 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0542 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | |
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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| 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 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. 96-249, eff. 8-11-09.)
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