102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0693

 

Introduced 2/8/2021, by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 705/28 new

    Amends the Fire Protection District Act. Dissolves the Bensenville Fire Protection District #1 on the effective date of the amendatory Act and transfers all powers, including taxing powers, duties, rights, responsibilities, and territory to the Bensenville Fire Protection District #2. Transfers books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business to Bensenville Fire Protection District #2. Allows the Bensenville Fire Protection District #2 to increase the tax levy of the territory formerly within Bensenville Fire Protection District #1 over a 2 year period. Provides for the election of Bensenville Fire Protection District #2 board of trustees beginning with the 2023 consolidated election.


LRB102 12364 AWJ 17701 b

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

 

 

A BILL FOR

 

HB0693LRB102 12364 AWJ 17701 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
5adding Section 28 as follows:
 
6    (70 ILCS 705/28 new)
7    Sec. 28. Dissolution of Bensenville Fire Protection
8District #1 into Bensenville Fire Protection District #2;
9board of trustee election.
10    (a) On the effective date of this amendatory Act of the
11102nd General Assembly:
12        (1) The Bensenville Fire Protection District #1 is
13    dissolved and all powers, including, but not limited to,
14    taxing powers, duties, rights, and responsibilities of the
15    Bensenville Fire Protection District #1 are transferred to
16    the Bensenville Fire Protection District #2 and the terms
17    of the members of the board of the Bensenville Fire
18    Protection District #1 are terminated.
19        (2) All books, records, papers, documents, property
20    (real and personal), contracts, causes of action, and
21    pending business pertaining to the powers, duties, rights,
22    and responsibilities shall be transferred from the
23    Bensenville Fire Protection District #1 to Bensenville

 

 

HB0693- 2 -LRB102 12364 AWJ 17701 b

1    Fire Protection District #2, including, but not limited
2    to, material in electronic or magnetic format and
3    necessary computer hardware and software.
4        (3) All unexpended moneys from tax levies,
5    appropriations, and balances and other funds available for
6    use by the Bensenville Fire Protection District #1 shall
7    be transferred for use by the Bensenville Fire Protection
8    District #2. Unexpended balances so transferred shall be
9    expended only for the purpose for which the tax levies or
10    appropriations were originally made.
11        (4) The powers, duties, rights, and responsibilities
12    transferred from the Bensenville Fire Protection District
13    #1 by this amendatory Act of the 102nd General Assembly
14    shall be vested in and shall be exercised by the
15    Bensenville Fire Protection District #2.
16        (5) This amendatory Act of the 102nd General Assembly
17    does not affect any act done, ratified, or canceled or any
18    right occurring or established or any action or proceeding
19    had or commenced in an administrative, civil, or criminal
20    cause by the Bensenville Fire Protection District #1
21    before this amendatory Act of the 102nd General Assembly
22    takes effect; such actions or proceedings may be
23    prosecuted and continued by the Bensenville Fire
24    Protection District #2.
25        (6) The territory of Bensenville Fire Protection
26    District #1 is transferred to Bensenville Fire Protection

 

 

HB0693- 3 -LRB102 12364 AWJ 17701 b

1    District #2. Any intergovernmental agreements to service
2    any portion of Bensenville Fire Protection District #1 are
3    terminated and Bensenville Fire Protection District #2
4    shall take over services for the territory formerly of
5    Bensenville Fire Protection District #1.
6    (b) Notwithstanding any other provision of this Act, the
7board of Bensenville Fire Protection District #2 may increase
8the tax levy over the former territory of Bensenville Fire
9Protection District #1 by ordinance, without referendum, to
10equal the tax levy of Bensenville Fire Protection District #2
11in effect on the effective date of this amendatory Act of the
12102nd General Assembly. However, such increase must be done
13incrementally with not more than a 50% increase being imposed
14during the first year after the effective date of this
15amendatory Act of the 102nd General Assembly and the remaining
16increase imposed during the second year after the effective
17date of this Amendatory Act of the 102nd General Assembly.
18    After the tax levy over the former territory of
19Bensenville Fire Protection District #1 has been increased to
20an amount equal the tax levy of Bensenville Fire Protection
21District #2 in effect on the effective date of this amendatory
22Act of the 102nd General Assembly or 2 years after the
23effective date of this amendatory Act of the 102nd General
24Assembly, whichever is earlier, any increases to the tax levy
25over the former territory of Bensenville Fire Protection
26District #1 shall be only increased as otherwise provided by

 

 

HB0693- 4 -LRB102 12364 AWJ 17701 b

1this Act.
2    (c) Beginning with the consolidated election of 2023, all
3members of the Bensenville Fire Protection District #2 board
4of trustees shall be elected. The terms of the members of the
5board of trustees of the Bensenville Fire Protection District
6#2 are terminated when their successors are elected and
7qualified in the consolidation election of 2023.
8    At the first meeting of the board of trustees of the
9Bensenville Fire Protection District #2 after the new members
10are elected and qualified under this Section, the members
11shall draw lots to determine which member has a 2-year term,
124-year term, and 6-year term. At the conclusion of each
13elected member's term thereafter, each member shall be elected
14for a 6-year term.