Public Act 099-0837
 
HB5610 EnrolledLRB099 19378 AWJ 43770 b


  
    AN ACT concerning local government.
  
 
    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 Section 11b as follows:
 


    (70 ILCS 705/11b)  (from Ch. 127 1/2, par. 31b)




    Sec. 11b. 
(a) In case any fire protection district 
organized hereunder is
coterminous with or includes within its 
corporate limits in whole or in
part any city, village or 
incorporated town authorized to provide
protection from fire 
and to regulate the prevention and control of fire
within such 
city, village or incorporated town and to levy taxes for any

such purposes, then such city, village or incorporated town 
shall not
exercise any such powers as necessarily conflict with 
the powers to be
exercised by such district in respect to such 
fire protection and
regulation within the fire protection 
district from and after the date
that it receives written 
notice from the State Fire Marshal
to cease or refrain from the 
operation of any fire
protection facilities and the exercise of 
such powers, which notice
shall be given only after the State 
Fire Marshal
has ascertained that the Fire Protection District 
has placed
its fire protection facilities in operation. Such 
city, village or
incorporated town shall not thereafter own, 
operate, maintain, manage,
control or have an interest in any 
fire protection facilities located
within the corporate limits 
of the fire protection district, except
water mains and 
hydrants and except as otherwise provided in this Act. Where 
any city, village, or
incorporated town with 500 or more 
residents is in fact owning, operating, and maintaining a fire 
department or fire departments located in whole or in part 
within or adjacent to
the corporate limits of a fire protection 
district organized under this Act, such city, village,
or 
incorporated town shall not cease operating and maintaining the  
fire department or departments unless such proposed cessation 
of services is first submitted by
referendum to voters, as 
provided by Section 15b of this Act. In addition, where any 
city,
village, or incorporated town is in fact owning, 
operating, and maintaining a fire department or fire 
departments located within the corporate limits of a fire 
protection district organized under
this Act, such city, 
village, or incorporated town
 shall
be paid and reimbursed for 
its actual expenditures and for all existing
obligations 
incurred, including all pension and annuity plans applicable
to 
the maintenance of fire protection facilities theretofore made 
in
establishing such facilities and in acquiring, 
constructing, improving
or developing any such existing 
facilities in the manner provided for by
this Act. The terms of 
payment shall provide for reimbursement in full
within not less 
than 20 years from the date of such agreement.

    (b) Notwithstanding subsection (a) of this Section, no fire 
protection district adjacent to any city, village, or 
incorporated town will be required to assume responsibility for 
fire protection or other emergency services to such city, 
village, or incorporated town which discontinues its municipal 
fire department under Section 15b of this Act unless the Board 
of Trustees of the adjacent fire protection district has by 
resolution, ordinance, or intergovernmental agreement, agreed 
to provide such services. 
(Source: P.A. 98-666, eff. 1-1-15; 99-78, eff. 7-20-15.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.