State of Illinois
91st General Assembly
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Public Act 91-0917

SB1377 Enrolled                                LRB9110779SMdv

    AN ACT to amend  the  Fire  Protection  District  Act  by
changing Sections 14.05 and 20.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Fire Protection District Act  is  amended
by changing Sections 14.05 and 20 as follows:

    (70 ILCS 705/14.05) (from Ch. 127 1/2, par. 34.05)
    Sec.  14.05.   At  the  hearing  the  court  shall  first
determine  whether  the districts are adjoining, as described
in Section 14.01, and whether the petition is signed by 50 or
more of the legal voters resident within the limits  of  each
of   the  districts  proposed  to  be  consolidated.  If  the
districts are not adjoining or if  the  petition  is  not  so
signed the petition shall be dismissed.
    If  the  districts  are  adjoining and the petition is so
signed,  the  court  shall  then  order   the   question   of
consolidation  and  the  rate  of  taxes for the consolidated
district submitted to the legal voters in each district at an
election, and shall certify the question and its order to the
proper election officials who shall submit the question at an
election in accordance with the  general  election  law.  The
proposition shall be in substantially the following form:
-------------------------------------------------------------
    Shall (name of district in which
election is being held), be
consolidated with (name of other
district or districts) to organize         YES
(name of consolidated district)
and shall the maximum allowable
tax rate for (name of consolidated   ------------------------
district) be set at (rate of tax,
stated as a percentage) of the
value of all taxable property within       NO
(name of consolidated district)
as equalized or assessed by the
Department of Revenue?
-------------------------------------------------------------
The  court  shall cause a written statement of the results of
such election to be filed of record in the court. If, in each
district, a majority of the voters  voting  on  the  question
shall  favor  consolidation  and the stated rate of taxes for
the  consolidated  district,  the  court  shall   order   the
consolidation   of   the   districts  into  the  consolidated
district.
(Source: P.A. 83-1488.)

    (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
    Sec. 20.  Disconnection by operation of law.
    (a)  Any territory within a fire protection district that
is or has been annexed to a  city,  village  or  incorporated
town  that  provides fire protection for property within such
city, village or incorporated town is, by operation  of  law,
disconnected  from  the  fire  protection  district as of the
January first after such territory is annexed  to  the  city,
village  or  incorporated town, or in case any such territory
has been so annexed prior  to  the  effective  date  of  this
amendatory Act of 1965, as of January 1, 1966.
    (b)  The disconnection by operation of law does not occur
if,  within  60  days  after  such  annexation  or  after the
effective date of this amendatory Act of 1965,  whichever  is
later,   the   fire   protection   district  files  with  the
appropriate court and with the County Clerk of each county in
which the fire protection district  is  located,  a  petition
alleging  that  such  disconnection  will cause the territory
remaining in the district to be  noncontiguous  or  that  the
loss  of  assessed  valuation by reason of such disconnection
will impair the ability  of  the  district  to  render  fully
adequate  fire  protection service to the territory remaining
with the district. When such a petition is  filed,  with  the
court  and  with the County Clerk of each county in which the
fire protection district is located, the court shall  set  it
for  hearing,  and  further  proceedings  shall  be  held, as
provided in Section 15 of this Act,  except  that  the  city,
village or incorporated town that annexed the territory shall
be  a  necessary  party  to  the proceedings, and it shall be
served with summons in the manner for a party defendant under
the Civil Practice Law. At such hearing, the district has the
burden of  proving  the  truth  of  the  allegations  in  its
petition.
    (c)  If  disconnection  does  not  occur,  then the city,
village  or  incorporated  town  in  which  part  of  a  fire
protection district's territory  is  located,  is  prohibited
from  levying  the  tax provided for by Section 11-7-1 of the
"Illinois Municipal Code" in such  fire  protection  district
territory  for  services  provided  to  the residents of such
territory by the fire protection district.
    (d)  If there are any general  obligation  bonds  of  the
fire  protection  district outstanding and unpaid at the time
such territory  is  disconnected  from  the  fire  protection
district  by  operation of this Section, such territory shall
remain liable for its  proportionate  share  of  such  bonded
indebtedness and the fire protection district may continue to
levy  and  extend  taxes  upon  the  taxable property in such
territory for the purpose of amortizing such bonds until such
time as sufficient funds  to  retire  such  bonds  have  been
collected.
    (e)  On  and  after the effective date of this amendatory
Act  of  the  91st  General  Assembly,  when   territory   is
disconnected  from  a  fire  protection  district  under this
Section, the annexing municipality shall pay,  on  or  before
December  31  of  each year for a period of 5 years after the
effective date of the disconnection, to the  fire  protection
district from which the territory was disconnected, an amount
as follows:
         (1)  In  the  first year after the disconnection, an
    amount equal to the real  estate  tax  collected  on  the
    property  in  the  disconnected  territory  by  the  fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
         (2)  In  the second year after the disconnection, an
    amount equal to 80% of the real estate tax  collected  on
    the  property  in  the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
         (3)  In the third year after the  disconnection,  an
    amount  equal  to 60% of the real estate tax collected on
    the property in the disconnected territory  by  the  fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
         (4)  In  the fourth year after the disconnection, an
    amount equal to 40% of the real estate tax  collected  on
    the  property  in  the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
         (5)  In the fifth year after the  disconnection,  an
    amount  equal  to 20% of the real estate tax collected on
    the property in the disconnected territory  by  the  fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
    This subsection (e) applies to a fire protection district
only if the corporate authorities of the district do not file
a petition against the disconnection under subsection (b).
(Source: P.A. 91-307, eff. 1-1-00.)

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