Rep. Jay Hoffman

Filed: 3/24/2014

 

 


 

 


 
09800HB4418ham002LRB098 16296 JLK 57315 a

1
AMENDMENT TO HOUSE BILL 4418

2    AMENDMENT NO. ______. Amend House Bill 4418 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5adding Section 10-4-12 as follows:
 
6    (65 ILCS 5/10-4-12 new)
7    Sec. 10-4-12. Cessation of existing municipal fire
8departments. If a city or village owns, operates, or maintains
9any fire department or departments, that city or village may
10not cease the operation and maintenance of that fire department
11or those fire departments unless the proposed cessation is
12first submitted by referendum to the voters of the city or
13village as provided by Section 15b of the Fire Protection
14District Act.
 
15    Section 10. The Fire Protection District Act is amended by

 

 

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1changing Section 11b and by adding Section 15b as follows:
 
2    (70 ILCS 705/11b)  (from Ch. 127 1/2, par. 31b)
3    Sec. 11b. In case any fire protection district organized
4hereunder is coterminous with or includes within its corporate
5limits in whole or in part any city, village or incorporated
6town authorized to provide protection from fire and to regulate
7the prevention and control of fire within such city, village or
8incorporated town and to levy taxes for any such purposes, then
9such city, village or incorporated town shall not exercise any
10such powers as necessarily conflict with the powers to be
11exercised by such district in respect to such fire protection
12and regulation within the fire protection district from and
13after the date that it receives written notice from the State
14Fire Marshal to cease or refrain from the operation of any fire
15protection facilities and the exercise of such powers, which
16notice shall be given only after the State Fire Marshal has
17ascertained that the Fire Protection District has placed its
18fire protection facilities in operation. Such city, village or
19incorporated town shall not thereafter own, operate, maintain,
20manage, control or have an interest in any fire protection
21facilities located within the corporate limits of the fire
22protection district, except water mains and hydrants and except
23as otherwise provided in this Act. Where any city, village, or
24incorporated town is in fact owning, operating, and maintaining
25a fire department or fire departments located in whole or in

 

 

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1part within or adjacent to the corporate limits of a fire
2protection district organized under this Act, such city,
3village, or incorporated town shall not cease operating and
4maintaining the fire department or departments unless such
5proposed cessation of services is first submitted by referendum
6to voters, as provided by Section 15b of this Act. In addition,
7where any city, village, or incorporated town is in fact
8owning, operating, and maintaining a fire department or fire
9departments located within the corporate limits of a fire
10protection district organized under this Act, such city,
11village, or incorporated town The State Fire Marshal, upon
12request of the Board of Trustees of any Fire Protection
13District, shall ascertain whether the District's fire
14protection facilities are in operation so that it may supersede
15the power of any city, village or incorporated town to operate
16fire protection facilities within the boundaries of the
17District. Where in case any city, village or incorporated town
18is in fact owning, operating and maintaining fire protection
19facilities located within the corporate limits of a fire
20protection district organized under this Act, such city,
21village or incorporated town shall be paid and reimbursed for
22its actual expenditures and for all existing obligations
23incurred, including all pension and annuity plans applicable to
24the maintenance of fire protection facilities theretofore made
25in establishing such facilities and in acquiring,
26constructing, improving or developing any such existing

 

 

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1facilities in the manner provided for by this Act. The terms of
2payment shall provide for reimbursement in full within not less
3than 20 years from the date of such agreement.
4(Source: P.A. 80-147.)
 
5    (70 ILCS 705/15b new)
6    Sec. 15b. Petition to cease operations; referendum.
7    (a) Any local unit of government operating a fire
8department organized under the provisions of the Municipal Code
9may cease the operation and maintenance of those fire
10department or fire departments by submitting a referendum to
11the voters served by the fire department or departments. The
12referendum proposing the dissolution of the fire department or
13departments shall be conducted in a manner that is consistent
14with the requirements provided by subsection (a) of this
15Section, except that the ballot for such election shall be in
16substantially the following form:
17-------------------------------------------------------------
18    Shall the (name of fire
19department) serving the citizens within          YES
20(list local unit(s) of government) cease     ----------------
21to provide emergency services and be             NO
22dissolved and discontinued?
23------------------------------------------------------------- 
24    If a majority of the votes cast on the question are in
25favor of such dissolution, the court shall enter an order

 

 

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1discontinuing the fire department or departments.
2    The rights of the employees of the dissolved fire
3department or departments provided by the Personnel Code, any
4applicable collective bargaining agreements, or under any
5pension, retirement, or annuity plan shall not be affected by
6this amendatory Act of the 98th General Assembly.
7    (b) A municipality that is a home rule or non-home rule
8unit may not dissolve a fire department or fire departments in
9a manner that is inconsistent with this Section. This Section
10is a limitation under subsection (i) of Section 6 of Article
11VII of the Illinois Constitution on the concurrent exercise by
12home rule units of the powers and functions exercised by the
13State.
 
14    Section 90. The State Mandates Act is amended by adding
15Section 8.38 as follows:
 
16    (30 ILCS 805/8.38 new)
17    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
18of this Act, no reimbursement by the State is required for the
19implementation of any mandate created by this amendatory Act of
20the 98th General Assembly.".