98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3257

 

Introduced , by Rep. Bill Mitchell

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-4-12 new
70 ILCS 705/11b  from Ch. 127 1/2, par. 31b
70 ILCS 705/15b new

    Amends the Illinois Municipal Code. Prohibits a city or village that owns, operates, or maintains any fire protection or advanced life support services facility from ceasing the operation and maintenance of these facilities unless the proposed cessation is first submitted to the voters by referendum. Amends the Fire Protection District Act. Prohibits a city or village that owns, operates, or maintains any fire protection or advanced life support services facility that is located in whole or in part within or adjacent to the corporate limits of a fire protection district from ceasing the operation and maintenance of these facilities unless the proposed cessation is first submitted to the voters by referendum. Sets forth requirements and referendum language for the dissolution. Provides for the transfer of services, operations, facilities, rights, powers, duties, assets, property, liabilities, obligations, employees and responsibilities of the dissolved fire department to the fire protection district designated by the referendum. Effective immediately.


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A BILL FOR

 

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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 Illinois Municipal Code is amended by adding
5Section 10-4-12 as follows:
 
6    (65 ILCS 5/10-4-12 new)
7    Sec. 10-4-12. Cessation of existing municipal fire
8protection or advanced life support services operations. If a
9city or village owns, operates, or maintains any fire
10protection or advanced life support services facility, that
11city or village may not cease the operation and maintenance of
12these facilities unless the proposed cessation is first
13submitted by referendum to the voters of the city or village as
14provided by subsection (b) of Section 15 of the Fire Protection
15District Act.
 
16    Section 10. The Fire Protection District Act is amended by
17changing Section 11b and by adding Section 15b as follows:
 
18    (70 ILCS 705/11b)  (from Ch. 127 1/2, par. 31b)
19    Sec. 11b. In case any fire protection district organized
20hereunder is coterminous with or includes within its corporate
21limits in whole or in part any city, village or incorporated

 

 

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1town authorized to provide protection from fire and to regulate
2the prevention and control of fire within such city, village or
3incorporated town and to levy taxes for any such purposes, then
4such city, village or incorporated town shall not exercise any
5such powers as necessarily conflict with the powers to be
6exercised by such district in respect to such fire protection
7and regulation within the fire protection district from and
8after the date that it receives written notice from the State
9Fire Marshal to cease or refrain from the operation of any fire
10protection facilities and the exercise of such powers, which
11notice shall be given only after the State Fire Marshal has
12ascertained that the Fire Protection District has placed its
13fire protection facilities in operation. Such city, village or
14incorporated town shall not thereafter own, operate, maintain,
15manage, control or have an interest in any fire protection
16facilities located within the corporate limits of the fire
17protection district, except water mains and hydrants and except
18as otherwise provided in this Act. If a city or village owns,
19operates, or maintains any fire protection or advanced life
20support services facility that is located in whole or in part
21within or adjacent to the corporate limits of a fire protection
22district organized under this Act, that city or village shall
23not cease the operation and maintenance of these facilities
24unless the proposed cessation is first submitted by referendum
25to the voters of the city or village as provided by subsection
26(b) of Section 15 of the Fire Protection District Act. If any

 

 

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1city or village owns, operates, or maintains any fire
2protection facilities located within the corporate limits of a
3fire protection district organized under this Act, that city or
4village The State Fire Marshal, upon request of the Board of
5Trustees of any Fire Protection District, shall ascertain
6whether the District's fire protection facilities are in
7operation so that it may supersede the power of any city,
8village or incorporated town to operate fire protection
9facilities within the boundaries of the District. Where in case
10any city, village or incorporated town is in fact owning,
11operating and maintaining fire protection facilities located
12within the corporate limits of a fire protection district
13organized under this Act, such city, village or incorporated
14town shall be paid and reimbursed for its actual expenditures
15and for all existing obligations incurred, including all
16pension and annuity plans applicable to the maintenance of fire
17protection facilities theretofore made in establishing such
18facilities and in acquiring, constructing, improving or
19developing any such existing facilities in the manner provided
20for by this Act. The terms of payment shall provide for
21reimbursement in full within not less than 20 years from the
22date of such agreement.
23(Source: P.A. 80-147.)
 
24    (70 ILCS 705/15b new)
25    Sec. 15b. Petition to cease operations; referendum;

 

 

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1transfer.
2    (a) Any fire department organized under the provisions of
3the Municipal Code may cease the operation and maintenance of
4fire protection and advanced life support services,
5operations, and facilities by submitting a referendum to the
6voters served by the fire department proposing to either
7consolidate its services, operations, and facilities with an
8existing fire protection district or by organizing a new
9district in accordance with the procedures set forth under this
10Act.
11    If the proposition involves consolidation of exiting fire
12protection districts, the question shall be in substantially
13the following form:
14-
15    Shall the services, operations,
16and facilities provided by (name of fire
17department) be discontinued and its               YES
18services, operations, facilities, duties,--------------------
19powers, assets, liabilities, obligations, and      NO
20responsibilities be assumed by (name of Fire
21Protection District)?
22-------------------------------------------------------------
23    If the proposition involves consolidation of exiting fire
24protection districts, the question shall be in substantially
25the following form:
26-

 

 

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1    Shall the services, operations,
2and facilities provided by (name of             YES
3fire department) be discontinued and-------------------------
4assumed by organizing a new fire                 NO
5protection district named (name of new
6fire protection district)?
7-------------------------------------------------------------
8    If a majority of the votes cast on the question are in
9favor of discontinuance, the court shall enter an order
10discontinuing the fire department. On the date that the court
11order is entered discontinuing the fire department, all the
12services, operations, facilities, rights, powers, duties,
13assets, property, liabilities, obligations, and
14responsibilities of the fire department shall be transferred by
15the corporate authorities of the municipality and, by operation
16of law, vest in and be assumed the fire protection district
17designated by the referendum.
18    All employees of the dissolved fire department shall be
19transferred to the fire protection district designated by the
20referendum. The status and rights of such employees under the
21Personnel Code shall not be affected by the transfer. The
22rights of the employees and the State of Illinois and its
23agencies under the Personnel Code and applicable collective
24bargaining agreements or under any pension, retirement, or
25annuity plan shall not be affected by this amendatory Act of
26the 98th General Assembly.

 

 

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1    All books, records, papers, documents, property (real and
2personal), contracts, causes of action, and pending business
3pertaining to the powers, duties, rights, and responsibilities
4transferred by this amendatory Act of the 98th General
5Assembly, including, but not limited to, material in electronic
6or magnetic format and necessary computer hardware and
7software, shall be transferred to the fire protection district
8designated by the referendum.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.