HB0693 102ND GENERAL ASSEMBLY

LRB102 12364 AWJ 17701 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0693

Introduced 2/8/2021, by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

70 ILCS 705/28 new

Amends the Fire Protection District Act. Dissolves the Bensenville Fire Protection District #1 on the effective date of the amendatory Act and transfers all powers, including taxing powers, duties, rights, responsibilities, and territory to the Bensenville Fire Protection District #2. Transfers books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business to Bensenville Fire Protection District #2. Allows the Bensenville Fire Protection District #2 to increase the tax levy of the territory formerly within Bensenville Fire Protection District #1 over a 2 year period. Provides for the election of Bensenville Fire Protection District #2 board of trustees beginning with the 2023 consolidated election.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 adding Section 28 as follows:

(70 ILCS 705/28 new)

Sec. 28. Dissolution of Bensenville Fire Protection District #1 into Bensenville Fire Protection District #2; board of trustee election.

(a) On the effective date of this amendatory Act of the 102nd General Assembly:

(1) The Bensenville Fire Protection District #1 is dissolved and all powers, including, but not limited to, taxing powers, duties, rights, and responsibilities of the Bensenville Fire Protection District #1 are transferred to the Bensenville Fire Protection District #2 and the terms of the members of the board of the Bensenville Fire Protection District #1 are terminated.

(2) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities shall be transferred from the Bensenville Fire Protection District #1 to Bensenville Fire Protection District #2, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software.

(3) All unexpended moneys from tax levies, appropriations, and balances and other funds available for use by the Bensenville Fire Protection District #1 shall be transferred for use by the Bensenville Fire Protection District #2. Unexpended balances so transferred shall be expended only for the purpose for which the tax levies or appropriations were originally made.

(4) The powers, duties, rights, and responsibilities transferred from the Bensenville Fire Protection District #1 by this amendatory Act of the 102nd General Assembly shall be vested in and shall be exercised by the Bensenville Fire Protection District #2.

(5) This amendatory Act of the 102nd General Assembly does not affect any act done, ratified, or canceled or any right occurring or established or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Bensenville Fire Protection District #1 before this amendatory Act of the 102nd General Assembly takes effect; such actions or proceedings may be prosecuted and continued by the Bensenville Fire Protection District #2.

(6) The territory of Bensenville Fire Protection District #1 is transferred to Bensenville Fire Protection District #2. Any intergovernmental agreements to service any portion of Bensenville Fire Protection District #1 are terminated and Bensenville Fire Protection District #2 shall take over services for the territory formerly of Bensenville Fire Protection District #1.

(b) Notwithstanding any other provision of this Act, the board of Bensenville Fire Protection District #2 may increase the tax levy over the former territory of Bensenville Fire Protection District #1 by ordinance, without referendum, to equal the tax levy of Bensenville Fire Protection District #2 in effect on the effective date of this amendatory Act of the 102nd General Assembly. However, such increase must be done incrementally with not more than a 50% increase being imposed during the first year after the effective date of this amendatory Act of the 102nd General Assembly and the remaining increase imposed during the second year after the effective date of this Amendatory Act of the 102nd General Assembly.

After the tax levy over the former territory of Bensenville Fire Protection District #1 has been increased to an amount equal the tax levy of Bensenville Fire Protection District #2 in effect on the effective date of this amendatory Act of the 102nd General Assembly or 2 years after the effective date of this amendatory Act of the 102nd General Assembly, whichever is earlier, any increases to the tax levy over the former territory of Bensenville Fire Protection District #1 shall be only increased as otherwise provided by this Act.

(c) Beginning with the consolidated election of 2023, all members of the Bensenville Fire Protection District #2 board of trustees shall be elected. The terms of the members of the board of trustees of the Bensenville Fire Protection District #2 are terminated when their successors are elected and qualified in the consolidation election of 2023.

At the first meeting of the board of trustees of the Bensenville Fire Protection District #2 after the new members are elected and qualified under this Section, the members shall draw lots to determine which member has a 2-year term, 4-year term, and 6-year term. At the conclusion of each elected member's term thereafter, each member shall be elected for a 6-year term.