Rep. Kathleen Willis
Filed: 3/28/2018
 
 

 

 

 
10000HB5624ham001LRB100 20276 AWJ 37192 a



1
AMENDMENT TO HOUSE BILL 5624




2    AMENDMENT NO. ______. Amend House Bill 5624 on page 1, line 
35, by replacing "Section 16e" with "Sections 15c and 16e"; and


 
4on page 1, immediately below line 5, by inserting the 
5following:
 
6    "(70 ILCS 705/15c new)
7    Sec. 15c. Disconnection of fire protection district 
8territory by a municipality; economic impact analysis.
9    (a) As used in  this  Section,  "economic  impact  analysis"  
10means a written report concerning the effect of a 
11municipality's   disconnection of territory located both within 
12a municipality and a fire protection district.
13    (b) Notwithstanding any other provision of law, a 
14municipality shall file an economic impact analysis with the 
15county clerk of each county in which a fire protection district 
16is located no less than 90  days  prior  to   filing any action to 
 
 
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1disconnect territory located both within the municipality and 
2the fire protection district. Each economic impact analysis 
3shall include the following:
4        (1) a statement of existing and  projected  residential,   
5    nonresidential, and commercial growth in the territory 
6    within the fire protection  district sought to be 
7    disconnected  by the municipality for a 10-year period, a 
8    20-year period, and a 30-year period;
9        (2) a statement of the costs  of  service  incurred  by  the  
10    municipality in   providing   fire   protection   or   emergency   
11    medical    services  after disconnecting the territory within 
12    the fire protection district;
13        (3) a  statement  that  the  loss  of  assessed  valuation  by  
14    reason   of the disconnection of the territory will not 
15    impair the ability of the fire protection district to 
16    render fully adequate fire protection service to the 
17    territory remaining with the district;
18        (4) a statement of the probable positive or negative 
19    economic effect on businesses within the territory sought 
20    to be disconnected; and
21        (5) a statement of the probable positive or negative 
22    economic effect on residents within the territory sought to 
23    be disconnected.
24    (c) Within 30 days after the filing of an economic impact 
25analysis required by subsection (b), a municipality shall serve 
26a copy of the economic impact analysis on the board of trustees 
 
 
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1of each impacted fire protection district by certified   or 
2registered mail. An affidavit that service of the economic 
3impact analysis has been had as provided by this subsection 
4must be filed with the clerk of the court in which the 
5disconnection proceedings will be instituted. Disconnection of 
6territory is not effective unless service is certified by 
7affidavit filed as provided in this subsection.
8    (d) Notwithstanding any other provision of law, a 
9municipality shall not disconnect any territory within its 
10corporate limits from a fire protection  district  if  the  
11disconnection  of  the  territory  would  result  in   increased 
12property taxes to owners of the impacted territory.
13    (e) A municipality, including a home rule municipality, may 
14not disconnect territory from a fire protection district in a 
15manner inconsistent with this Section. This Section is a 
16limitation under subsection (i) of Section 6 of Article VII of 
17the Illinois Constitution on the concurrent exercise by home 
18rule units of powers  and functions exercised by the State.".