100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0482

 

Introduced , by Rep. C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
75 ILCS 16/15-15
75 ILCS 16/15-20

    Amends the Public Library District Act. Provides that territory annexed by a public library district included within a municipality or school district shall be approved by ordinance of the board and voter referendum (currently, only by ordinance of the board with the option for a back-door referendum to prevent the annexation). Provides that a petition and referendum for disconnection of annexed territory may occur at any time after the annexation (currently, within 1 year after annexation or 30 days after the date that the first tax bill reflecting the tax levied by the district are sent). Removes a prohibition of more than one petition and referendum for disconnection of the annexed territory. Further provides that any area disconnected by petition and referendum will not be liable for any general obligation bonds of the public library district, or other obligations or liabilities, issued or incurred after a petition for disconnection has been under filed if the referendum for disconnection is approved. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0482LRB100 00026 AWJ 10027 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Library District Act of 1991 is
5amended by changing Sections 15-15 and 15-20 as follows:
 
6    (75 ILCS 16/15-15)
7    Sec. 15-15. Territory included within municipality or
8school district.
9    (a) A district may, by ordinance and referendum, annex
10territory if that territory is:
11        (1) located within the boundaries of a municipality or
12    school district that is included, entirely or partially,
13    within the district;
14        (2) contiguous to the district; and
15        (3) without local, tax-supported public library
16    service.
17An ordinance under this subsection must describe the territory
18to be annexed. Prior to adopting the ordinance, the board of
19trustees of the library district shall send notice of the
20proposed ordinance to the president of the board of trustees of
21each public library located within one mile of the territory to
22be annexed. The library district may, in addition, provide
23notice of a proposed annexation ordinance on a website

 

 

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1maintained by the library district. At any meeting of the board
2of trustees in which an annexation ordinance under this Section
3is considered, the board shall provide a reasonable opportunity
4for any interested person to make public comments on the
5proposed annexation ordinance.
6    (b) Within 15 days of the passage of the annexation
7ordinance, the library district shall send notice of the
8adoption of the ordinance, a copy of the map showing the
9boundaries of the territory to be annexed, and a copy of the
10text of the publication notice required in this Section to the
11president of the board of trustees of each public library with
12territory within one mile of the territory to be annexed.
13Within 15 days after the adoption of the ordinance it shall be
14published as provided in Section 1-30. The board may vacate an
15annexation ordinance before its publication.
16    (c) The publication or posting of the ordinance shall
17include a notice of (i) the specific number of voters required
18to sign a petition requesting that the question of the adoption
19of the ordinance be submitted to the voters of the district or
20the territory to be annexed or both, (ii) the time in which the
21petition must be filed, and (iii) the date of the prospective
22referendum on the proposition of annexation of the territory.
23The district secretary shall provide a petition form to any
24individual requesting one.
25    (d) Before the effective date of this amendatory Act of the
26100th General Assembly, if If no petition is filed with the

 

 

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1library district within 30 days after publication or posting of
2the ordinance, the annexation shall take effect. If, however,
3within the 30 day period, a petition is filed with the Board of
4Trustees of the library district, signed by voters of the
5district or the territory to be annexed, or both, equal in
6number to 10% or more of the total number of registered voters
7in the district, the territory to be annexed or both, asking
8that the question of the annexation of the territory be
9submitted to the voters of the territory, the board of trustees
10may vacate the annexation ordinance or certify the question to
11the proper election authority, who shall submit the question at
12the next regular election. Notice of this election shall be
13given and the election shall be conducted in accordance with
14the Election Code. The proposition shall be submitted to the
15voters in substantially the following form:
16        Shall (description of territory) be annexed to (name of
17    public library district), (location), Illinois?
18    (d-5) On and after the effective date of this amendatory
19Act of the 100th General Assembly, within 7 days after
20publication or posting of the ordinance, the board of trustees
21shall certify the question to the proper election authority,
22who shall submit the question at the next regular election.
23Notice of this election shall be given and the election shall
24be conducted in accordance with the Election Code. The
25proposition shall be submitted to the voters in substantially
26the following form:

 

 

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1        Shall (description of territory) be annexed to (name of
2    public library district), (location), Illinois?
3    (e) If a majority of votes cast upon the proposition in the
4district, and also a majority of votes cast upon the
5proposition in the territory to be annexed, are in favor of the
6proposition, the Board of Trustees of the library district may
7conclude the annexation of the territory.
8    (f) If, before June 22, 2006 (the effective date of Public
9Act 94-899) this amendatory Act of the 94th General Assembly, a
10district has annexed territory under this Section and that
11annexation complies with the requirements set forth in this
12Section, as changed by Public Act 94-899 this amendatory Act of
13the 94th General Assembly, then, for all purposes, that
14annexation is hereby validated, ratified, and declared to be in
15full force and effect from: (i) 30 days after publication or
16posting of the ordinance if no petition was filed with the
17library district under subsection (d); or (ii) if a petition
18was filed, on the date that the district concluded the
19annexation of the territory under subsection (e).
20(Source: P.A. 94-899, eff. 6-22-06; 95-161, eff. 1-1-08.)
 
21    (75 ILCS 16/15-20)
22    Sec. 15-20. Referendum for disconnection of annexed
23territory.
24    (a) A referendum for disconnection may be held whenever
25territory is annexed by ordinance and without the submission of

 

 

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1the question to a referendum as provided in Section 15-15. A
2referendum for disconnection of this annexed territory shall be
3held upon the filing of a petition, signed by voters in the
4annexed territory equal to 10% or more of the total number of
5registered voters residing within the annexed territory. The
6petition shall be addressed to and filed with the secretary of
7the district.
8    (b) (Blank). The referendum must be held within one year
9after the date the territory was annexed. The referendum may
10also be held, however, as set forth in this Section if the
11petition is filed within 30 days after the date that the first
12tax bills reflecting the tax levied by the district are sent to
13the property owners of the annexed territory.
14    (c) Upon the filing of a petition, the district shall
15certify the question to the proper election authority, who
16shall submit the proposition of disconnection to the voters
17residing within the territory to be disconnected at an election
18held in accordance with the Election Code. The proposition
19shall be in substantially the following form:
20        Shall (description of territory) be disconnected from
21    (name of public library district), (location), Illinois?
22    (d) If a majority of the votes cast upon the question are
23in favor of disconnection, the territory shall be disconnected.
24In that event, the district shall file with the circuit court
25of the county in which the majority of the disconnected
26territory lies an appropriate petition and a certificate by the

 

 

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1election authority of the results of the election. The petition
2shall request entry of an order of disconnection and the
3preparation of an appraisal setting forth the value of the
4tangible property of the district, the liabilities of the
5district, and the excess of liabilities over tangible assets.
6Notice of the petition shall be published within the
7disconnected territory.
8    (e) The court shall, after a hearing upon the merits, enter
9its order revising the boundaries of the district and setting
10forth the liability, if any, yet to be retired and paid by the
11property owners of the disconnected territory but only if the
12liability was incurred before the filing of the petition to
13disconnect.
14    (f) If there are any general obligation bonds of the public
15library district (or other obligations incurred instead of
16general obligation bonds under this Act) that are outstanding
17and unpaid at the time the territory is disconnected from the
18public library district by operation of this Section, that
19territory shall remain liable for its proportionate share of
20the bonded indebtedness or other outstanding obligations
21incurred instead of bonded indebtedness, and the public library
22district may continue to levy and extend taxes upon the taxable
23property in that territory for the purpose of amortizing the
24bonds or of satisfying the other outstanding obligations until
25sufficient funds to retire the bonds or to satisfy the other
26outstanding obligations have been collected. However, the

 

 

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1territory shall not be liable for any general obligation bonds
2of the public library district (or other obligations incurred
3instead of general obligation bonds under this Act) issued
4after a petition for disconnection has been under filed under
5subsection (a) if the referendum for disconnection is approved.
6    (g) The district secretary shall record a certified copy of
7the disconnection order with the county recorder and file it
8with the county clerk of each county affected.
9    (h) (Blank). A proposition for disconnection from a
10district may not be submitted to the legal voters of any
11annexed territory more than once.
12    (i) Annexed territory shall not be disconnected under this
13Section if the disconnection would result in the district
14becoming noncontiguous.
15(Source: P.A. 87-1277.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.