99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1853

 

Introduced 2/20/2015, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Counties Code. Provides that a county with 2 or more adjoining fire protection jurisdictions, or 2 or more adjoining law enforcement jurisdictions (municipal police departments and township enforcement offices), lying wholly within the county's borders may consolidate the adjoining fire protection jurisdictions or the law enforcement jurisdictions by (i) adoption of a resolution by the county board or (ii) filing a petition (subject to the petition requirements of Section 28-3 of the Election Code) with the county board signed by at least 10% of the registered voters of each fire protection or law enforcement jurisdiction. Provides for filing, form, and notice requirements for petitions, resolutions, and referendum. Provides that if a consolidation referendum passes, the fire protection or law enforcement jurisdictions will continue to function as separate entities until a Board of Fire or Police Commissioners are appointed by the county board with the consent of all municipal and township boards. Once the Board of Fire or Police Commissioners is appointed, provides that the new consolidated fire protection or law enforcement jurisdiction shall have all the powers, rights, duties and obligations of the fire protection or law enforcement jurisdictions from which it was consolidated.


LRB099 09287 AWJ 29491 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1853LRB099 09287 AWJ 29491 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 Counties Code is amended by adding Divisions
55-45 and 5-46 as follows:
 
6    (55 ILCS 5/Div. 5-45 new)
7
Division 5-45.
8
Consolidation of Fire Protection Jurisdictions

 
9    (55 ILCS 5/5-45005 new)
10    Sec. 5-45005. Definitions. As used in this Section:
11    "Fire protection jurisdiction" means a fire protection
12district, municipal fire department, or service organized
13under Section 5-1056.1 of this Code, Article 195 or 200 of the
14Township Code, Section 10-2.1 of the Illinois Municipal Code,
15or the Fire Protection District Act.
16    "Consolidated fire protection jurisdiction" means the new
17fire protection district created after a passed referendum
18pursuant to Section 5-45015.
 
19    (55 ILCS 5/5-45010 new)
20    Sec. 5-45010. Consolidation of fire protection
21jurisdictions by referendum. In addition to the means of

 

 

SB1853- 2 -LRB099 09287 AWJ 29491 b

1consolidation provided under the Fire Protection District Act,
2the Regional Fire Protection Agency Act, or any other statute,
3a county with 2 or more adjoining fire protection jurisdictions
4lying wholly within the county's borders may consolidate the
5adjoining fire protection jurisdictions by (i) adoption of a
6resolution by the county board or (ii) filing a petition
7(subject to the petition requirements of Section 28-3 of the
8Election Code) with the county board signed by at least 10% of
9the registered voters of each fire protection jurisdiction.
10Upon adoption of the resolution or filing of the petition, as
11the case may be, the county board shall certify the question to
12the appropriate election officials and the resolution or
13petition shall be filed with the county clerk not less than 79
14days prior to the general election in which the referendum will
15appear.
 
16    (55 ILCS 5/5-45015 new)
17    Sec. 5-45015. Referendum; notification of Office of the
18State Fire Marshal.
19    (a) If a petition or a referendum is filed with the county
20clerk that meets the requirements of Section 5-45010, a
21referendum, subject to the requirements of Section 16-7 of the
22Election Code shall, shall be placed on the ballot at the next
23general election in substantially the following form:
24        Shall (name of fire protection jurisdiction) be
25    consolidated with (name of fire protection jurisdiction)

 

 

SB1853- 3 -LRB099 09287 AWJ 29491 b

1    to organize to become (name of consolidated fire protection
2    jurisdiction)?
3The referendum is approved when a majority of the voters
4approve the referendum.
5    (b) Within 10 days after a petition or referendum is filed
6with the county clerk that meets the requirements of Section
75-45010, the county clerk shall notify the Office of the State
8Fire Marshal that the referendum shall be placed on the ballot
9at the next general election.
 
10    (55 ILCS 5/5-45020 new)
11    Sec. 5-45020. Cessation of fire protection jurisdictions;
12Board of Fire Commissioners; consolidated fire protection
13jurisdiction.
14    (a) After passage of a referendum pursuant to Section
155-45015, the fire protection jurisdictions of the consolidated
16fire protection jurisdiction shall continue to operate as
17separate entities until all members of the Board of Fire
18Commissioners are appointed and qualified pursuant to this
19Section.
20    (b) Within 90 days after passage of a referendum pursuant
21to Section 5-45015, the county board shall appoint 3
22commissioners to a Board of Fire Commissioners of the
23consolidated fire protection jurisdiction. Those commissioners
24shall serve 3-year terms until their successors are appointed
25by the county board and qualified. All appointments to the

 

 

SB1853- 4 -LRB099 09287 AWJ 29491 b

1Board of Fire Commissioners shall have the approval of the
2corporate authorities of each township or municipality in which
3the consolidated fire protection jurisdiction is located, by a
4majority vote of each corporate authority.
5    (c) After the Board of Fire Commissioners has been
6appointed and qualified pursuant to this Section, the fire
7protection jurisdictions shall cease and the consolidated fire
8protection jurisdiction shall have all the powers, rights,
9duties, and obligations of the fire protection jurisdictions
10from which it was consolidated.
 
11    55 ILCS 5/Div. 5-46 new
12
Division 5-46.
13
Consolidation of Law Enforcement Jurisdictions

 
14    (55 ILCS 5/5-46005 new)
15    Sec. 5-46005. Definitions. As used in this Section:
16    "Law enforcement jurisdiction" means municipal police
17departments and township enforcement offices.
18    "Consolidated law enforcement jurisdiction" means the new
19law enforcement jurisdiction created after a passed referendum
20pursuant to Section 5-46015.
 
21    (55 ILCS 5/5-46010 new)
22    Sec. 5-46010. Consolidation of law enforcement
23jurisdictions by referendum. In addition to the means of

 

 

SB1853- 5 -LRB099 09287 AWJ 29491 b

1consolidation of any law enforcement jurisdiction provided
2under any other statute, a county with 2 or more adjoining law
3enforcement jurisdictions lying wholly within the county's
4borders may consolidate the adjoining law enforcement
5jurisdictions by (i) adoption of a resolution by the county
6board or (ii) filing a petition (subject to the petition
7requirements of Section 28-3 of the Election Code) with the
8county board signed by at least 10% of the registered voters of
9each law enforcement jurisdiction. Upon adoption of the
10resolution or filing of the petition, as the case may be, the
11county board shall certify the question to the appropriate
12election officials and the resolution or petition shall be
13filed with the county clerk not less than 79 days prior to the
14general election in which the referendum will appear.
 
15    (55 ILCS 5/5-46015 new)
16    Sec. 5-46015. Referendum. If a petition or a referendum is
17filed with the county clerk that meets the requirements of
18Section 5-46010, a referendum, subject to the requirements of
19Section 16-7 of the Election Code, shall be placed on the
20ballot at the next general election in substantially the
21following form:
22        Shall (name of law enforcement jurisdiction) be
23    consolidated with (name of law enforcement jurisdiction)
24    to organize to become (name of consolidated law enforcement
25    jurisdiction)?

 

 

SB1853- 6 -LRB099 09287 AWJ 29491 b

1The referendum is approved when a majority of the voters
2approve the referendum.
 
3    (55 ILCS 5/5-46020 new)
4    Sec. 5-46020. Cessation of law enforcement jurisdictions;
5Board of Police Commissioners; consolidated law enforcement
6jurisdiction.
7    (a) After passage of a referendum pursuant to Section
85-46015, the law enforcement jurisdictions of the consolidated
9law enforcement jurisdiction shall continue to operate as
10separate entities until all members of the Board of Police
11Commissioners are appointed and qualified pursuant to this
12Section.
13    (b) Within 90 days after passage of a referendum pursuant
14to Section 5-46015, the county board shall appoint 3
15commissioners to a Board of Police Commissioners of the
16consolidated law enforcement jurisdiction. Those Commissioners
17shall serve 3-year terms until their successors are appointed
18by the county board and qualified. All appointments to the
19Board of Police Commissioners shall have the approval of the
20corporate authorities of each municipality or township in which
21the consolidated law enforcement jurisdiction is located, by a
22majority vote of each corporate authority.
23    (c) After the Board of Police Commissioners has been
24appointed and qualified pursuant to this Section, the law
25enforcement jurisdictions shall cease and the consolidated law

 

 

SB1853- 7 -LRB099 09287 AWJ 29491 b

1enforcement jurisdiction shall have all the powers, rights,
2duties, and obligations of the law enforcement jurisdictions
3from which it was consolidated.

 

 

SB1853- 8 -LRB099 09287 AWJ 29491 b

1 INDEX
2 Statutes amended in order of appearance
3    55 ILCS 5/Div. 5-45 new
4    55 ILCS 5/5-45005 new
5    55 ILCS 5/5-45010 new
6    55 ILCS 5/5-45015 new
7    55 ILCS 5/5-45020 new
8    55 ILCS 5/Div. 5-46 new
9    55 ILCS 5/5-46005 new
10    55 ILCS 5/5-46010 new
11    55 ILCS 5/5-46015 new
12    55 ILCS 5/5-46020 new