HB6041 99TH GENERAL ASSEMBLY

LRB099 18398 AWJ 42774 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6041

Introduced 2/11/2016, by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

70 ILCS 705/16

from Ch. 127 1/2, par. 37

Amends the Fire Protection District Act. Provides that a petition to disconnect territory from a fire protection district that would cause serious injury to a fire protection district shall be dismissed. Defines serious injury. Effective immediately.

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 changing Section 16 as follows:

(70 ILCS 705/16) (from Ch. 127 1/2, par. 37)

Sec. 16. In order to facilitate circumstances in which fire protection may be materially improved by adjustment of jurisdictional boundaries of adjoining fire protection districts without impairing the overall provision of fire protection services in the adjoining districts, territory Territory included within the limits of any fire protection district may be disconnected from the district and added to another district to which the territory is contiguous, in the manner hereinafter set forth; (1) if the territory would receive equal or greater benefits from the district to which it seeks to be transferred; (2) if the transfer will not cause the territory remaining in the district from which the transfer is to be made, to be noncontiguous; (3) if the transfer will not cause a serious injury to the district from which the transfer is to be made; and, (4) if the trustees of the district to which the transfer is sought to be made do not file a written refusal to accept the territory within the time hereinafter provided.

Territory disconnected pursuant to this Section shall remain liable for its proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which it was disconnected and shall assume a proportionate share of the bonded indebtedness, if any, of the district to which it is transferred.

Five One per cent or more of the legal voters residing within the limits of the territory proposed to be transferred may file a petition, in the court of the county where the district to which it seeks to be transferred is organized, setting forth: the description of the territory sought to be transferred; that the territory would receive equal or greater benefits by the transfer; that the transfer will not cause a serious injury to the district or districts from which the transfer is proposed to be made; and the amount of any outstanding bonded indebtedness against the district or districts in which the territory is then situated which has been incurred pursuant to this Act; and praying that the question whether the transfer shall be made, and whether the voters of such territory shall remain liable for a proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which it was disconnected and also assume a proportionate share of the bonded indebtedness, if any, of the district to which the transfer is to be made, be submitted to the voters of the entire district from which the transfer is sought to be made territory sought to be transferred.

Upon the filing of the petition, the court shall set a day for hearing, not less than 2 weeks nor more than 4 weeks from the filing thereof, and the court, or the circuit clerk or sheriff upon order of the court, (i) shall give 2 weeks notice of such hearing in one or more daily or weekly newspapers of general circulation in the county or in each county wherein the district or districts from which the territory sought to be transferred is organized and by posting at least 10 copies of the notice in conspicuous places in the district or in each of the districts from which the territory is sought to be transferred, (ii) shall cause a copy of the notice to be personally served upon each trustee of the district from which the transfer is sought to be made, and (iii) in addition shall cause a copy of the notice to be personally served upon each of the trustees of the district to which the transfer is sought to be made at least one week before the date set for the hearing, and in the notice, or in any accompanying notice to be served upon the Trustees at the same time, a recital shall be made stating that the Trustees may at any time prior to the date of the hearing, or within such additional time as may be granted by the court upon request in writing filed on or before such date, file a written refusal to accept the territory as a part of their district, provided, that such notification need not be given to the trustees if they file in the proceeding their written appearances or written consent to a transfer of the territory to their district. Both the fire protection district from which the territory seeks to be transferred and the fire protection district to which the territory seeks to be transferred are necessary parties in any action to disconnect under this Section.

At any time prior to the date set for the hearing, or within such additional time as may be granted by the court, the trustees of the district to which the transfer is sought to be made may file a written refusal to accept the territory as a part of their district and in case of such refusal the court shall enter an order dismissing the petition for the transfer. The trustees may withdraw their refusal at any time prior to the entry of an order dismissing the petition. In case the trustees fail to file a written refusal within the time hereinbefore authorized, they shall be deemed to have consented to a transfer of the territory to their district, and consent once given may not be withdrawn without leave of court for good cause shown. In case of such consent, the court shall proceed with the matter as herein provided but if the court finds that any of the conditions herein required for the making of a transfer do not exist it shall enter an order dismissing the petition. In taking any action upon the petition the findings of the court shall be filed of record in the case.

All property owners in the district from which the transfer is sought and all persons interested therein, may file objections, and at the hearing may appear and contest the transfer and the matters averred in the petition, and both objectors and petitioners may offer any competent evidence in regard thereto. In addition, all persons residing in or interested in any of the property situated in the territory sought to be transferred shall have an opportunity to be heard touching the location and boundary of the territory to be voted upon for such transfer, and may make suggestions regarding the same. For purposes of this Section, serious injury shall be found to exist in the district from which the transfer is sought when a material impairment of the ability to provide continuing fire protection and related emergency services to the territory remaining in the district after the transfer may occur. The court may consider the following, but not limited to, in its determination as to whether a serious injury may occur: the financial resources, facilities, and equipment which will remain in the district; and the financial obligations, including remaining non-bonded debt of the district, from which the transfer is sought. A loss of annual real estate tax revenues by the district from which the transfer is sought of 15 percent or more by reason of the disconnection and transfer shall constitute serious injury and require dismissal of the petition. However, the court is not precluded from finding serious injury to exist with a lesser tax revenue loss if it shown by the preponderance of other evidence presented to the court that serious injury would result if the transfer were to occur.

If the court shall, upon hearing the petition, find that the territory described in the petition would receive equal or greater benefits by being so transferred and meet the conditions hereinbefore set forth, it shall certify to the proper election officials the question of whether the territory shall be transferred, and its order, and such officials shall submit that question at an election in the entire district from which the transfer is sought to be made in such territory in accordance with the general election law. The proposition shall be in substantially the following form:

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For making the transfer from the ..... Fire Protection District to the ..... Fire Protection District, remaining liable for a proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which disconnection is proposed and also assuming a proportionate share of the bonded indebtedness, if any, of the district to which transfer is proposed.

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Against making the transfer from the ..... Fire Protection District to the ..... Fire Protection District, remaining liable for a proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which disconnection is proposed and also assuming a proportionate share of the bonded indebtedness, if any, of the district to which transfer is proposed.

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If a majority of the votes cast upon the question of making the transfer shall be in favor of the transfer, the territory shall thenceforth cease to be a part of the fire protection district or districts to which it has been attached and shall become an integral part of the fire protection district to which the transfer shall have been sought and shall be subject to all the enjoyments and responsibilities of the latter district. In each case in which a transfer is effected pursuant to the provisions hereof, the circuit clerk in whose court the transfer proceedings have been conducted, shall certify copies of all orders entered in effecting such transfer and file or send them to the proper county clerk or clerks for filing and to the Office of the State Fire Marshal.

(Source: P.A. 94-806, eff. 1-1-07.)

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