SB1538sam002 101ST GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/8/2019

10100SB1538sam002 LRB101 08871 AWJ 59452 a

AMENDMENT TO SENATE BILL 1538

AMENDMENT NO. ______. Amend Senate Bill 1538, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by adding Sections 11-1-14 and 11-6-11 as follows:

(65 ILCS 5/11-1-14 new)

Sec. 11-1-14. Discontinuance of police department in Lake County; pilot program.

(a) A municipality's police department may be discontinued after referendum of the electors of the municipality after: (1) the city council passes an ordinance for a referendum to discontinue the police department; or (2) after a petition for a referendum signed by not less than 5% of the total number of registered voters of municipality is filed with the city council. The ordinance or petition shall include the date of discontinuance of the police department, which shall not be earlier than 60 days following the date of the referendum.

(b) Upon the adoption of an ordinance or the filing of a petition under subsection (a), a referendum, subject to the requirements of Section 16-7 of the Election Code, shall be placed on the ballot for all electors residing in the municipality at the next general election in substantially the following form:

Shall the ........ police department be discontinued with the sheriff's department acquiring primary jurisdiction over police protection in the municipality and the county acquiring the ability to levy any applicable municipal taxes to provide police protection in the municipality?

The votes shall be recorded as "Yes" or "No".

(c) If a majority of the electors in the municipality vote in favor of the referendum, then the police department shall be discontinued on the date indicated in the ordinance or petition and, on that date, the sheriff's department acquires primary jurisdiction over police protection of the municipality and the county acquires the authority to levy any tax the municipality levied or could have levied to support the policing of the municipality. The county may levy a tax under this subsection regardless of whether it uses the money directly for the support of policing of the municipality.

(d) This Section only applies to police departments in municipalities wholly within Lake County.

(e) Subsections (a) and (b) of this Section are inoperative on and after January 1, 2030.

(f) A home rule municipality in Lake County may not discontinue its police department in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(65 ILCS 5/11-6-11 new)

Sec. 11-6-11. Discontinuance of fire department in Lake County; pilot program.

(a) A municipality's fire department may be discontinued after referendum of the electors of the municipality after: (1) the city council passes an ordinance for a referendum to discontinue the fire department; or (2) after a petition for a referendum signed by not less than 5% of the total number of registered voters of municipality is filed with the city council. The ordinance or petition shall include the date of discontinuance of the fire department, which shall not be earlier than 60 days following the date of the referendum, and a copy of an ordinance or resolution of the governing body of another adjacent municipality or fire protection district which has agreed to take on the fire protection responsibilities of the municipality discontinuing its fire department.

(b) Only adjacent municipalities or fire protection districts that hire firefighters under Sections 10-2.1-4 or 10-1-7.3 of the Illinois Municipal Code or Section 16.06b of the Fire Protection District Act shall be eligible to adopt an ordinance or resolution to assume fire protection responsibilities or emergency medical services, or both, of a municipality discontinuing its fire department.

An ordinance or resolution adopted by a governing body of another municipality or fire protection district that has agreed to take on the fire protection responsibilities or emergency medical services, or both, of the municipality discontinuing its fire department shall include an analysis of average response times for any unit of local government included in the proposed fire protection service area. The analysis shall include average response times prior to and subsequent to the proposed fire department discontinuation.

(c) Upon the adoption of an ordinance or the filing of a petition under subsection (a), a referendum, subject to the requirements of Section 16-7 of the Election Code, shall be placed on the ballot for all electors residing in the municipality at the next general election in substantially the following form:

Shall the ........ fire department be discontinued with the (name of other fire department or fire protection district, as applicable) acquiring primary jurisdiction over fire protection in the municipality and the (name of municipality operating the other fire department or the fire protection district, as applicable) acquiring the ability to levy any applicable municipal taxes to provide fire protection in the municipality?

The votes shall be recorded as "Yes" or "No".

(d) If a majority of the electors in the municipality vote in favor of the referendum, then the fire department shall be discontinued on the date indicated in the ordinance or petition and, on that date, the other fire department or fire protection district, as applicable, acquires primary jurisdiction over fire protection of the municipality and the municipality operating the other fire department or the fire protection district, as applicable, acquires the authority to levy any tax the municipality levied or could have levied to support the fire protection of the municipality. The municipality operating the other fire department or the fire protection district, as applicable, may levy a tax under this subsection regardless of whether it uses the money directly for the support of fire protection services or emergency medical services of the municipality.

(e) Contracts in effect between an exclusive bargaining agent representing employees engaged in providing fire protection or emergency medical services, or both, of the discontinued fire department and the municipality that discontinued the fire department shall continue according to their terms with the municipality or fire protection district assuming fire protection services or emergency medical services, or both. Successor contracts shall be negotiated in accordance with the provisions of the Illinois Public Labor Relations Act.

(f) This Section only applies to discontinuance of fire departments in municipalities wholly within Lake County.

(g) Subsections (a), (b), and (c) of this Section are inoperative on and after January 1, 2030.

(h) A home rule municipality in Lake County may not discontinue its fire department in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.".