HB4461 EnrolledLRB102 22736 AWJ 31882 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 20 as follows:
 
6    (70 ILCS 705/20)  (from Ch. 127 1/2, par. 38.3)
7    (Text of Section before amendment by P.A. 102-574)
8    Sec. 20. Disconnection by operation of law.
9    (a) Any territory within a fire protection district that
10is or has been annexed to a city, village or incorporated town
11that provides fire protection for property within such city,
12village or incorporated town is, by operation of law,
13disconnected from the fire protection district as of the
14January first after such territory is annexed to the city,
15village or incorporated town, or in case any such territory
16has been so annexed prior to the effective date of this
17amendatory Act of 1965, as of January 1, 1966.
18    (b) The disconnection by operation of law does not occur
19if, within 60 days after such annexation or after the
20effective date of this amendatory Act of 1965, whichever is
21later, the fire protection district files with the appropriate
22court and with the County Clerk of each county in which the
23fire protection district is located, a petition alleging that

 

 

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1such disconnection will cause the territory remaining in the
2district to be noncontiguous or that the loss of assessed
3valuation by reason of such disconnection will impair the
4ability of the district to render fully adequate fire
5protection service to the territory remaining with the
6district. When such a petition is filed, with the court and
7with the County Clerk of each county in which the fire
8protection district is located, the court shall set it for
9hearing, and further proceedings shall be held, as provided in
10Section 15 of this Act, except that the city, village or
11incorporated town that annexed the territory shall be a
12necessary party to the proceedings, and it shall be served
13with summons in the manner for a party defendant under the
14Civil Practice Law. At such hearing, the district has the
15burden of proving the truth of the allegations in its
16petition.
17    (c) If disconnection does not occur, then the city,
18village or incorporated town in which part of a fire
19protection district's territory is located, is prohibited from
20levying the tax provided for by Section 11-7-1 of the
21"Illinois Municipal Code" in such fire protection district
22territory for services provided to the residents of such
23territory by the fire protection district.
24    (d) If there are any general obligation bonds of the fire
25protection district outstanding and unpaid at the time such
26territory is disconnected from the fire protection district by

 

 

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1operation of this Section, such territory shall remain liable
2for its proportionate share of such bonded indebtedness and
3the fire protection district may continue to levy and extend
4taxes upon the taxable property in such territory for the
5purpose of amortizing such bonds until such time as sufficient
6funds to retire such bonds have been collected.
7    (e) On and after the effective date of this amendatory Act
8of the 91st General Assembly, when territory is disconnected
9from a fire protection district under this Section, the
10annexing municipality shall pay, on or before December 31 of
11each year for a period of 5 years after the effective date of
12the disconnection, to the fire protection district from which
13the territory was disconnected, an amount as follows:
14        (1) In the first year after the disconnection, an
15    amount equal to the real estate tax collected on the
16    property in the disconnected territory by the fire
17    protection district in the tax year immediately preceding
18    the year in which the disconnection took effect.
19        (2) In the second year after the disconnection, an
20    amount equal to 80% of the real estate tax collected on the
21    property in the disconnected territory by the fire
22    protection district in the tax year immediately preceding
23    the year in which the disconnection took effect.
24        (3) In the third year after the disconnection, an
25    amount equal to 60% of the real estate tax collected on the
26    property in the disconnected territory by the fire

 

 

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1    protection district in the tax year immediately preceding
2    the year in which the disconnection took effect.
3        (4) In the fourth year after the disconnection, an
4    amount equal to 40% of the real estate tax collected on the
5    property in the disconnected territory by the fire
6    protection district in the tax year immediately preceding
7    the year in which the disconnection took effect.
8        (5) In the fifth year after the disconnection, an
9    amount equal to 20% of the real estate tax collected on the
10    property in the disconnected territory by the fire
11    protection district in the tax year immediately preceding
12    the year in which the disconnection took effect.
13    This subsection (e) applies to a fire protection district
14only if the corporate authorities of the district do not file a
15petition against the disconnection under subsection (b).
16    (f) A municipality that does not timely make the payment
17required in subsection (e) and which refuses to make such
18payment within 30 days following a written demand by the fire
19protection district entitled to the payment or which causes a
20fire protection district to incur an expense in order to
21collect the amount to which it is entitled under subsection
22(e) shall, in addition to the amount due under subsection (e),
23be responsible to reimburse the fire protection district for
24all costs incurred by the fire protection district in
25collecting the amount due, including, but not limited to,
26reasonable legal fees and court costs.

 

 

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1(Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)
 
2    (Text of Section after amendment by P.A. 102-574)
3    Sec. 20. Disconnection by operation of law.
4    (a) Any territory within a fire protection district that
5is or has been annexed to a municipality that provides fire
6protection for property within such city, village or
7incorporated town is, by operation of law, disconnected from
8the fire protection district as of the January first after
9such territory is annexed to the municipality as long as the
10municipality has conducted a response-time study that shows,
11at a minimum, estimated response times from the fire
12protection district to the territory and estimated response
13times of the municipal fire department from the territory or
14in case any such territory has been so annexed prior to the
15effective date of this amendatory Act of 1965, as of January 1,
161966.
17    (b) The disconnection by operation of law does not occur
18if, within 60 days after such annexation or after the
19effective date of this amendatory Act of 1965, whichever is
20later, the fire protection district files with the appropriate
21court and with the County Clerk of each county in which the
22fire protection district is located, a petition alleging that
23such disconnection will cause the territory remaining in the
24district to be noncontiguous or that the loss of assessed
25valuation by reason of such disconnection will impair the

 

 

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1ability of the district to render fully adequate fire
2protection service to the territory remaining with the
3district. When such a petition is filed, with the court and
4with the County Clerk of each county in which the fire
5protection district is located, the court shall set it for
6hearing, and further proceedings shall be held, as provided in
7Section 15 of this Act, except that the city, village or
8incorporated town that annexed the territory shall be a
9necessary party to the proceedings, and it shall be served
10with summons in the manner for a party defendant under the
11Civil Practice Law. At such hearing, the district has the
12burden of proving the truth of the allegations in its
13petition.
14    (c) If disconnection does not occur, then the city,
15village or incorporated town in which part of a fire
16protection district's territory is located, is prohibited from
17levying the tax provided for by Section 11-7-1 of the
18"Illinois Municipal Code" in such fire protection district
19territory for services provided to the residents of such
20territory by the fire protection district.
21    (d) If there are any general obligation bonds of the fire
22protection district outstanding and unpaid at the time such
23territory is disconnected from the fire protection district by
24operation of this Section, such territory shall remain liable
25for its proportionate share of such bonded indebtedness and
26the fire protection district may continue to levy and extend

 

 

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1taxes upon the taxable property in such territory for the
2purpose of amortizing such bonds until such time as sufficient
3funds to retire such bonds have been collected.
4    (e) On and after the effective date of this amendatory Act
5of the 91st General Assembly, when territory is disconnected
6from a fire protection district under this Section, the
7annexing municipality shall pay, on or before December 31 of
8each year for a period of 5 years after the effective date of
9the disconnection, to the fire protection district from which
10the territory was disconnected, an amount as follows:
11        (1) In the first year after the disconnection, an
12    amount equal to the real estate tax collected on the
13    property in the disconnected territory by the fire
14    protection district in the tax year immediately preceding
15    the year in which the disconnection took effect.
16        (2) In the second year after the disconnection, an
17    amount equal to 80% of the real estate tax collected on the
18    property in the disconnected territory by the fire
19    protection district in the tax year immediately preceding
20    the year in which the disconnection took effect.
21        (3) In the third year after the disconnection, an
22    amount equal to 60% of the real estate tax collected on the
23    property in the disconnected territory by the fire
24    protection district in the tax year immediately preceding
25    the year in which the disconnection took effect.
26        (4) In the fourth year after the disconnection, an

 

 

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1    amount equal to 40% of the real estate tax collected on the
2    property in the disconnected territory by the fire
3    protection district in the tax year immediately preceding
4    the year in which the disconnection took effect.
5        (5) In the fifth year after the disconnection, an
6    amount equal to 20% of the real estate tax collected on the
7    property in the disconnected territory by the fire
8    protection district in the tax year immediately preceding
9    the year in which the disconnection took effect.
10    This subsection (e) applies to a fire protection district
11only if the corporate authorities of the district do not file a
12petition against the disconnection under subsection (b).
13    (f) A municipality that does not timely make the payment
14required in subsection (e) and which refuses to make such
15payment within 30 days following a written demand by the fire
16protection district entitled to the payment or which causes a
17fire protection district to incur an expense in order to
18collect the amount to which it is entitled under subsection
19(e) shall, in addition to the amount due under subsection (e),
20be responsible to reimburse the fire protection district for
21all costs incurred by the fire protection district in
22collecting the amount due, including, but not limited to,
23reasonable legal fees and court costs.
24(Source: P.A. 102-574, eff. 1-1-22.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.