SB1853 99TH GENERAL ASSEMBLY

LRB099 09287 AWJ 29491 b

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.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

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 Counties Code is amended by adding Divisions 5-45 and 5-46 as follows:

(55 ILCS 5/Div. 5-45 new)

Division 5-45.

Consolidation of Fire Protection Jurisdictions

(55 ILCS 5/5-45005 new)

Sec. 5-45005. Definitions. As used in this Section:

"Fire protection jurisdiction" means a fire protection district, municipal fire department, or service organized under Section 5-1056.1 of this Code, Article 195 or 200 of the Township Code, Section 10-2.1 of the Illinois Municipal Code, or the Fire Protection District Act.

"Consolidated fire protection jurisdiction" means the new fire protection district created after a passed referendum pursuant to Section 5-45015.

(55 ILCS 5/5-45010 new)

Sec. 5-45010. Consolidation of fire protection jurisdictions by referendum. In addition to the means of consolidation provided under the Fire Protection District Act, the Regional Fire Protection Agency Act, or any other statute, a county with 2 or more adjoining fire protection jurisdictions lying wholly within the county's borders may consolidate the adjoining fire protection 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 jurisdiction. Upon adoption of the resolution or filing of the petition, as the case may be, the county board shall certify the question to the appropriate election officials and the resolution or petition shall be filed with the county clerk not less than 79 days prior to the general election in which the referendum will appear.

(55 ILCS 5/5-45015 new)

Sec. 5-45015. Referendum; notification of Office of the State Fire Marshal.

(a) If a petition or a referendum is filed with the county clerk that meets the requirements of Section 5-45010, a referendum, subject to the requirements of Section 16-7 of the Election Code shall, shall be placed on the ballot at the next general election in substantially the following form:

Shall (name of fire protection jurisdiction) be consolidated with (name of fire protection jurisdiction) to organize to become (name of consolidated fire protection jurisdiction)? The referendum is approved when a majority of the voters approve the referendum.

(b) Within 10 days after a petition or referendum is filed with the county clerk that meets the requirements of Section 5-45010, the county clerk shall notify the Office of the State Fire Marshal that the referendum shall be placed on the ballot at the next general election.

(55 ILCS 5/5-45020 new)

Sec. 5-45020. Cessation of fire protection jurisdictions; Board of Fire Commissioners; consolidated fire protection jurisdiction.

(a) After passage of a referendum pursuant to Section 5-45015, the fire protection jurisdictions of the consolidated fire protection jurisdiction shall continue to operate as separate entities until all members of the Board of Fire Commissioners are appointed and qualified pursuant to this Section.

(b) Within 90 days after passage of a referendum pursuant to Section 5-45015, the county board shall appoint 3 commissioners to a Board of Fire Commissioners of the consolidated fire protection jurisdiction. Those commissioners shall serve 3-year terms until their successors are appointed by the county board and qualified. All appointments to the Board of Fire Commissioners shall have the approval of the corporate authorities of each township or municipality in which the consolidated fire protection jurisdiction is located, by a majority vote of each corporate authority.

(c) After the Board of Fire Commissioners has been appointed and qualified pursuant to this Section, the fire protection jurisdictions shall cease and the consolidated fire protection jurisdiction shall have all the powers, rights, duties, and obligations of the fire protection jurisdictions from which it was consolidated.

55 ILCS 5/Div. 5-46 new

Division 5-46.

Consolidation of Law Enforcement Jurisdictions

(55 ILCS 5/5-46005 new)

Sec. 5-46005. Definitions. As used in this Section:

"Law enforcement jurisdiction" means municipal police departments and township enforcement offices.

"Consolidated law enforcement jurisdiction" means the new law enforcement jurisdiction created after a passed referendum pursuant to Section 5-46015.

(55 ILCS 5/5-46010 new)

Sec. 5-46010. Consolidation of law enforcement jurisdictions by referendum. In addition to the means of consolidation of any law enforcement jurisdiction provided under any other statute, a county with 2 or more adjoining law enforcement jurisdictions lying wholly within the county's borders may consolidate the adjoining 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 law enforcement jurisdiction. Upon adoption of the resolution or filing of the petition, as the case may be, the county board shall certify the question to the appropriate election officials and the resolution or petition shall be filed with the county clerk not less than 79 days prior to the general election in which the referendum will appear.

(55 ILCS 5/5-46015 new)

Sec. 5-46015. Referendum. If a petition or a referendum is filed with the county clerk that meets the requirements of Section 5-46010, a referendum, subject to the requirements of Section 16-7 of the Election Code, shall be placed on the ballot at the next general election in substantially the following form:

Shall (name of law enforcement jurisdiction) be consolidated with (name of law enforcement jurisdiction) to organize to become (name of consolidated law enforcement jurisdiction)? The referendum is approved when a majority of the voters approve the referendum.

(55 ILCS 5/5-46020 new)

Sec. 5-46020. Cessation of law enforcement jurisdictions; Board of Police Commissioners; consolidated law enforcement jurisdiction.

(a) After passage of a referendum pursuant to Section 5-46015, the law enforcement jurisdictions of the consolidated law enforcement jurisdiction shall continue to operate as separate entities until all members of the Board of Police Commissioners are appointed and qualified pursuant to this Section.

(b) Within 90 days after passage of a referendum pursuant to Section 5-46015, the county board shall appoint 3 commissioners to a Board of Police Commissioners of the consolidated law enforcement jurisdiction. Those Commissioners shall serve 3-year terms until their successors are appointed by the county board and qualified. All appointments to the Board of Police Commissioners shall have the approval of the corporate authorities of each municipality or township in which the consolidated law enforcement jurisdiction is located, by a majority vote of each corporate authority.

(c) After the Board of Police Commissioners has been appointed and qualified pursuant to this Section, the law enforcement jurisdictions shall cease and the consolidated law enforcement jurisdiction shall have all the powers, rights, duties, and obligations of the law enforcement jurisdictions from which it was consolidated.