HB5166 103RD GENERAL ASSEMBLY

LRB103 39246 AWJ 69398 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5166

Introduced 2/9/2024, by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

70 ILCS 705/15e new

Amends the Fire Protection District Act. Provides that the Elk Grove Rural Fire Protection District shall be dissolved by operation of law on July 31, 2024. Includes procedures relating to winding up the district, including appointment of a trustee-in-dissolution or receiver to take the place of the board of trustees of the District and wind up the district. Provides that, notwithstanding any other provision of law, board of trustee members of the Elk Grove Rural Fire Protection District serving on October 1, 2023 shall continue as trustees until dissolution of the Elk Grove Rural Fire Protection District or termination of their terms by the appointment of a trustee-in-dissolution or receiver. Provides for the reinstatement of the terms of any trustee serving on October 1, 2023 whose term expired or whose term was vacated between October 1, 2023 and the effective date of the amendatory Act. 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 adding Section 15e as follows:

(70 ILCS 705/15e new)

Sec. 15e. Dissolution of Elk Grove Rural Fire Protection District.

(a) The Elk Grove Rural Fire Protection District shall be dissolved by operation of law on July 31, 2024. The Board of Trustees of the Elk Grove Rural Fire Protection District shall close up the business affairs of the Elk Grove Rural Fire Protection District, including by discharging all of the Elk Grove Rural Fire Protection District's liabilities and conveying title of the Elk Grove Rural Fire Protection District's real and personal property in accordance with the agreement entered into between the Elk Grove Rural Fire Protection District, the Village of Mount Prospect, and Elk Grove Township.

After all the debts and obligations of the Elk Grove Rural Fire Protection District have been satisfied, any remaining money of the Elk Grove Rural Fire Protection District shall be transferred to the Village of Mount Prospect on or before July 31, 2024 in accordance with the agreement entered into between the Elk Grove Rural Fire Protection District, the Village of Mount Prospect, and Elk Grove Township.

The Board of Trustees of the Elk Grove Rural Fire Protection District may adopt one or more resolutions delegating its authority and obligations to close up the business affairs of the Elk Grove Rural Fire Protection District to one or more authorized delegees, who, upon adoption of such resolution or resolutions and approval of a court under subsection (c), shall have all the power of the Board of Trustees delegated through such resolution or resolutions, including the power to incur and pay, on behalf of the Elk Grove Rural Fire Protection District and without further action by the Board of Trustees, all costs and expenses reasonably necessary to close up the business affairs of the Elk Grove Rural Fire Protection District. Any such resolution or resolutions adopted by the Board of Trustees of the Elk Grove Rural Fire Protection District before the effective date this amendatory Act of the 103rd General Assembly that are consistent with this Section are ratified and authorized.

(b) Notwithstanding any other provision of law, board of trustee members of the Elk Grove Rural Fire Protection District serving on October 1, 2023 shall continue as trustees, regardless if they would be otherwise ineligible to serve as trustees of the District under this Act, until dissolution of the Elk Grove Rural Fire Protection District or termination of their terms under subsection (c). If, between October 1, 2023 and the effective date of this amendatory Act of the 103rd General Assembly, the term of a trustee serving on October 1, 2023 expired or the trustee vacated the trustee's position by operation of law or voluntarily, that term of the trustee is reinstated on the effective date of this amendatory Act of the 103rd General Assembly.

Notwithstanding any other provision of law, including the Open Meetings Act:

(1) Meetings of the board of trustees of the Elk Grove Rural Fire Protection District may be held in person or by video or audio conference, telephone call, or other means of contemporaneous interactive communication as long as notice of the meetings have been given as provided in the Open Meetings Act. If the meeting will be held by video or audio conference, telephone call, or other means of contemporaneous interactive communication, the notice must provide information on how members of the public may view or listen to the meeting and how public comment will be permitted pursuant to subsection (g) of Section 2.06 of the Open Meetings Act.

(2) The quorum required for a meeting of the board of trustees of the Elk Grove Rural Fire Protection District is 2 trustees, whether attending the meeting remotely or in person. Actions of the board of trustees require approval by 2 trustees of the board.

(c) The Elk Grove Rural Fire Protection District may petition a court to ask for the appointment of one or more trustees-in-dissolution or receivers to act as its authorized delegee under subsection (a). Upon the appointment of one or more trustees-in-dissolution or receivers by a court, the terms of all board members of the Elk Grove Rural Fire Protection District are terminated and the trustees-in-dissolution or receivers have the powers given under subsection (a) to act in place of the board of trustees.

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