HB0693ham001 102ND GENERAL ASSEMBLY

Rep. Kathleen Willis

Filed: 3/22/2021

10200HB0693ham001 LRB102 12364 AWJ 23973 a

AMENDMENT TO HOUSE BILL 693

AMENDMENT NO. ______. Amend House Bill 693 by replacing everything after the enacting clause with the following:

"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 composition.

(a) Thirty days after the effective date of this amendatory Act of the 102nd General Assembly:

(1) 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.

(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 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 Bensenville Fire Protection District #1 shall be transferred for use by 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balances so transferred shall be expended only for the purpose for which the tax levies or appropriations were originally made.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 Bensenville Fire Protection District #1 by this amendatory Act of the 102nd General Assembly shall be vested in and shall be exercised by 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 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 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 assume all services for the territory formerly of Bensenville Fire Protection District #1.

(b) Beginning on the effective date of this amendatory Act of the 102nd General Assembly and notwithstanding any other provision of law, the board of trustees of Bensenville Fire Protection District #2 shall abide by the following procedures in determining the levy for all properties within Bensenville Fire Protection District #2, including those formerly within Bensenville Fire Protection District #1:

(1) Bensenville Fire Protection District #2 will retain all rights and responsibilities to the 2021 levy levied by Bensenville Fire Protection District #2. Additionally, Bensenville Fire Protection District #2 shall assume all rights and responsibilities for the 2021 levy levied by the Bensenville Fire Protection District #1.

(2) For the 2022 tax year, the equalized assessed valuation of all property in the former Bensenville Fire Protection District #1 shall be added to the existing valuation of the property in Bensenville Fire Protection District #2 and be considered new property in every way.

(3) Beginning with the 2022 levy, Bensenville Fire Protection District #2 shall submit one levy for the entirety of Bensenville Fire Protection District #2, including those properties received from Bensenville Fire Protection District #1, as follows:

(i) For the 2022 levy year, property within Bensenville Fire Protection District #2 shall be levied in accordance with the Property Tax Code. For this same tax year, property within Bensenville Fire Protection District #1 will be levied at the same tax rate as Bensenville Fire Protection District #2; however, the effective tax rate applied to properties within Bensenville Fire Protection District #1 shall not increase more than 50% over the tax rate previously levied by Bensenville Fire Protection District #1 in levy year 2021.

(ii) For the 2023 levy year, all property within Bensenville Fire Protection District will be levied at the same tax rate, including properties formerly considered part of Bensenville Fire Protection District #1 and Bensenville Fire Protection District #2 and the tax rate for the all properties will be equal.

(iii) Beginning with the 2024 levy year and for all future years, all properties within or formerly within Bensenville Fire Protection District, Bensenville Fire Protection District #1, and Bensenville Fire Protection District #2 shall be levied in accordance with the Property Tax Code.

(c) Notwithstanding any other provision of law:

(1) On the effective date of this amendatory Act of the 102nd General Assembly: (i) the board of trustees for Bensenville Fire Protection District #1 is dissolved, and (ii) the board of trustees of Bensenville Fire Protection District #2 is expanded to 5 members, with the current trustees of the Bensenville Fire Protection District #2 maintaining 3 of these 5 positions and the 2 other trustee positions appointed as provided in paragraph (2).

(2) The remaining 2 positions on the 5-person board of trustees will be filled by appointment of by the elected mayor of the Village of Bensenville. The mayor shall designate one appointee with a term to expire the first Monday of May 2023 and a second appointee with a term to expire the first Monday of May 2025. The mayor will provide subsequent appointments to these 2 positions for 4-year terms expiring on the first Monday in May.

(3) Beginning with the consolidated election of 2023, 3 members of the Bensenville Fire Protection District board of trustees shall be elected. The terms of the 3 members of the board of trustees of the Bensenville Fire Protection District not appointed by the mayor of the Village of Bensenville are terminated when their successors are elected and qualified in the consolidated election of 2023.

(4) At the first meeting of the board of trustees of the Bensenville Fire Protection District after the new members are elected in 2023 and qualified under paragraph (3), the 3 elected board members shall draw lots to determine one member having a 2-year term, one member having 4-year term, and one member having a 6-year term. At the conclusion of each elected member's term thereafter, each member shall be elected for a 6-year term, in accordance with this Act.

(d) Beginning January 1, 2023, Bensenville Fire Protection District #2 is renamed the Bensenville Fire Protection District and shall include all properties located within Bensenville Fire Protection District #2 and those previously within Bensenville Fire Protection District #1. This change shall have the effect of only changing the name of the District and shall not conflict with any other actions within this Section.".