HB5610 EngrossedLRB099 19378 AWJ 43770 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5changing Section 11b as follows:
 
6    (70 ILCS 705/11b)  (from Ch. 127 1/2, par. 31b)
7    Sec. 11b. (a) In case any fire protection district
8organized hereunder is coterminous with or includes within its
9corporate limits in whole or in part any city, village or
10incorporated town authorized to provide protection from fire
11and to regulate the prevention and control of fire within such
12city, village or incorporated town and to levy taxes for any
13such purposes, then such city, village or incorporated town
14shall not exercise any such powers as necessarily conflict with
15the powers to be exercised by such district in respect to such
16fire protection and regulation within the fire protection
17district from and after the date that it receives written
18notice from the State Fire Marshal to cease or refrain from the
19operation of any fire protection facilities and the exercise of
20such powers, which notice shall be given only after the State
21Fire Marshal has ascertained that the Fire Protection District
22has placed its fire protection facilities in operation. Such
23city, village or incorporated town shall not thereafter own,

 

 

HB5610 Engrossed- 2 -LRB099 19378 AWJ 43770 b

1operate, maintain, manage, control or have an interest in any
2fire protection facilities located within the corporate limits
3of the fire protection district, except water mains and
4hydrants and except as otherwise provided in this Act. Where
5any city, village, or incorporated town with 500 or more
6residents is in fact owning, operating, and maintaining a fire
7department or fire departments located in whole or in part
8within or adjacent to the corporate limits of a fire protection
9district organized under this Act, such city, village, or
10incorporated town shall not cease operating and maintaining the
11fire department or departments unless such proposed cessation
12of services is first submitted by referendum to voters, as
13provided by Section 15b of this Act. In addition, where any
14city, village, or incorporated town is in fact owning,
15operating, and maintaining a fire department or fire
16departments located within the corporate limits of a fire
17protection district organized under this Act, such city,
18village, or incorporated town shall be paid and reimbursed for
19its actual expenditures and for all existing obligations
20incurred, including all pension and annuity plans applicable to
21the maintenance of fire protection facilities theretofore made
22in establishing such facilities and in acquiring,
23constructing, improving or developing any such existing
24facilities in the manner provided for by this Act. The terms of
25payment shall provide for reimbursement in full within not less
26than 20 years from the date of such agreement.

 

 

HB5610 Engrossed- 3 -LRB099 19378 AWJ 43770 b

1    (b) Notwithstanding subsection (a) of this Section, no fire
2protection district adjacent to any city, village, or
3incorporated town will be required to assume responsibility for
4fire protection or other emergency services to such city,
5village, or incorporated town which discontinues its municipal
6fire department under Section 15b of this Act unless the Board
7of Trustees of the adjacent fire protection district has by
8resolution, ordinance, or intergovernmental agreement, agreed
9to provide such services.
10(Source: P.A. 98-666, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.