96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4814


 
Introduced 1/12/2010, by Rep. Paul D. Froehlich
 
SYNOPSIS AS INTRODUCED:
 		





 








70 ILCS 705/14
  from Ch. 127 1/2, par. 34








     Amends the Fire Protection District Act. Provides that the board of trustees of a fire protection district may accumulate funds for the purpose of providing a reserve for operating expenses of the fire protection district in an amount not exceeding 3 times the average annual operating expenses of the fire protection district and may annually levy taxes for such purposes in excess of current requirements for its operating expenses but
subject to specified tax rate limitations. Effective immediately.
  















LRB096 16802 RLJ 32109 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB4814

LRB096 16802 RLJ 32109 b





  
1
    AN ACT concerning local government.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Fire Protection District Act is amended  by 
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changing Section 14 as follows:
 



6
    (70 ILCS 705/14)  (from Ch. 127 1/2, par. 34)



7
    Sec. 14. Taxes for corporate purposes. The Board of 
8
Trustees may levy and collect other taxes for all
corporate 
9
purposes, including, without limiting the generality of the

10
foregoing, the payment of all obligations incurred in taking 
11
over the fire
protection facilities of any city, village or 
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incorporated town located
within the boundaries of any such 
13
district, including all pension or annuity
plans of any such 
14
city, village or incorporated town applicable to the

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maintenance of fire protection facilities, and further for the 
16
purposes of
building, repairing and improving fire houses, of 
17
the renting of buildings
and property for corporate purposes, 
18
of procuring firehouse land or sites,
fire-fighting apparatus 
19
and equipment, and of procuring apparatus and
equipment for 
20
emergencies involving hazardous substances and providing

21
appropriate training for such situations, exclusive of taxes to 
22
pay bonded
indebtedness upon all the taxable property within 
23
the territorial limits of
such fire protection districts, the 
 


 






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aggregate amount of which shall not exceed
0.125% of the value, 
2
as equalized or assessed by the Department of Revenue,
except 
3
as provided in this Section.

4
    All taxes proposed to be levied by a district shall be 
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levied by ordinance, a
certified copy of which shall be filed 
6
with the county clerk of the county in
which the taxes are to 
7
be collected not later than the last Tuesday in December
in 
8
each year.

9
    The Board of Trustees may accumulate funds for the purposes 
10
of building,
repairing and improving firehouses, for the 
11
purposes of procuring firehouse
land or sites, fire-fighting 
12
apparatus and equipment, and for the purposes
of procuring 
13
appropriate apparatus, equipment, and training for emergencies

14
involving hazardous substances and may annually levy taxes for 
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such
purposes in excess of current requirements for its other 
16
purposes but
subject to the tax rate limitations as provided in 
17
this Section. The Board of Trustees may accumulate funds for 
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the purpose of providing a reserve for operating expenses of 
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the district in an amount not exceeding 3 times the average 
20
annual operating expenses of the district and may annually levy 
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taxes for such purposes in excess of current requirements for 
22
its operating expenses but
subject to the tax rate limitations 
23
as provided in this Section. 

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    If the Board of Trustees desires to levy such taxes at a 
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rate in excess
of 0.125% and in excess of 0.30% but not in 
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excess of 0.40% of the value of
all taxable property within the 
 


 






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1
district as equalized or assessed by the
Department of Revenue, 
2
it shall certify the question to the proper election
officials, 
3
who shall submit the question at an election in accordance with

4
the general election law.  The result of such referendum shall 
5
be
entered upon the records of the district. If a majority of 
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the voters at
such election vote in favor of the proposition, 
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the Board of Trustees may
levy such taxes at a rate not to 
8
exceed 0.40% of the value of all taxable
property within the 
9
district as equalized or assessed by the Department of
Revenue. 
10
The proposition shall be in substantially the following form:

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-------------------------------------------------------------

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    Shall the maximum allowable tax rate

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for the.... Fire Protection District            YES

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be increased from 0.125% to 0.40% (or from

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0.30% to 0.40%, as the case may be)           ---------------

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of the value of all taxable property within

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the District as equalized or assessed by        NO

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the Department of Revenue?

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-------------------------------------------------------------

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    The Board of Trustees has power to levy such taxes at a 
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rate in excess of
0.125% but not in excess of 0.30% of the 
22
value of all taxable property within
the district, as equalized 
23
or assessed by the Department of Revenue, under the
following 
24
terms and conditions.

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    The board of trustees shall proceed in like manner prior to 
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the adoption
of an ordinance providing for the levy of taxes at 
 


 






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a rate not in excess
of 0.30% as if the board of trustees had 
2
followed the procedures to adopt
an ordinance not in excess of 
3
0.125% of the value of all taxable property
within the district 
4
as equalized or assessed by the Department of Revenue.

5
    The board of trustees shall provide by ordinance for the 
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levy and collection
of taxes at a rate not in excess of 0.30% 
7
of the value of all taxable property
within the district as 
8
equalized or assessed by the Department of Revenue.
A certified 
9
copy of such ordinance shall be filed in the office of the 
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county
clerk of each county in which any portion of the 
11
territory of such fire
protection district is situated, which 
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certified copy constitutes authority
for the clerk or clerks in 
13
each case to extend taxes annually at the rate
so provided 
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against all of the taxable property contained in the fire

15
protection district.

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    After such ordinance has been passed, it shall be published 
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once within
30 days after its passage in one or more newspapers 
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published in the fire
protection district or, if no newspaper 
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is published therein, it shall be
published in a newspaper 
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published in the county in which such district
is located and 
21
having general circulation within such district. If no 
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newspaper
is published in the county having general circulation 
23
in the district,
publication may be made instead by posting 
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copies of such ordinance in 10
public places within the fire 
25
protection district. The publication or posting
of the 
26
ordinance shall include a notice of (1) the specific number of 
 


 






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1
voters
required to sign a petition requesting that the question 
2
of the adoption of
the tax levy be submitted to the voters of 
3
the district; (2) the time within
which the petition must be 
4
filed; and (3) the date of the prospective
referendum. The 
5
district secretary shall provide a petition form to any

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individual requesting one. The ordinance shall not become 
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effective until 30
days after its publication or the date of 
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such posting of such copies.

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    Whenever a petition signed by the electors of the fire 
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protection
district equal in number to 10% or more of the 
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registered voters in the
fire protection district is filed with 
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the Board of Trustees thereof which
has adopted an ordinance 
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providing for such increase in the rate of taxes
and such 
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petition has been filed with the Board of Trustees within 30 
15
days
after the publication or the date of the posting of the 
16
copies which
petition seeks the submission of such increase in 
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the rate of taxes to an
election, the Board of Trustees shall 
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certify the question to the proper
election officials who shall 
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submit the question at an election in
accordance with the 
20
general election law.

21
    The proposition shall be substantially in the following 
22
form:

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-------------------------------------------------------------

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    Shall the maximum allowable tax

25
rate for .... Fire Protection             YES

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District be increased from 0.125%

 


 






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to 0.30% of the value of all taxable  -----------------------

2
property within the District

3
as equalized or assessed by the           NO

4
Department of Revenue?

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-------------------------------------------------------------

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    The foregoing limitations upon tax rates may be further 
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increased or
decreased under the referendum provisions of the 
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General Revenue Law of
Illinois.

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(Source: P.A. 86-346; 86-1194; 86-1253; 86-1475; 86-1480; 
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87-712; 87-767;
87-895; 87-1189.)

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