Full Text of HB0771 96th General Assembly
HB0771enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Library District Act of 1991 is | 5 |
| amended by changing Section 15-85 as follows:
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| (75 ILCS 16/15-85)
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| Sec. 15-85. Automatic disconnection from district.
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| (a) Any territory within a public library district that is | 9 |
| or
has been annexed to a municipality (where that municipality | 10 |
| maintains a
public library) is, by operation of law, | 11 |
| disconnected from the public
library district as of the January | 12 |
| 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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| Chatham Area Public Library District or any successor thereto.
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| (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
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| adequate library service to the territory remaining in the | 10 |
| district.
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| (c) When a petition is filed under subsection (b), the
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| 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:
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| (i) whether disconnection will cause the territory
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| remaining in the district to be noncontiguous;
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| (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;
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| (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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| been annexed; and
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| (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.
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| 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.
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| (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
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| proposition at such a referendum shall be in substantially the | 26 |
| following form:
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| Shall (describe annexed territory) be disconnected | 2 |
| from (name of public
library district)?
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| 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.
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| (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
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| 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.
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| (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
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| 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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| 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.
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| (Source: P.A. 92-368, eff. 8-15-01.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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