093_HB1275

 
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 1        AN ACT concerning libraries.

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