Sen. Terry Link

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1681

2    AMENDMENT NO. ______. Amend Senate Bill 1681, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Unified Fire Protection District Act.
 
7    Section 5. Purpose and creation.
8    (a) Purpose. The General Assembly finds the consolidation
9of fire protection services on a regional basis provided by
10fire departments throughout the State of Illinois to be an
11economic benefit. Therefore, this Act establishes procedures
12for the creation of Unified Fire Protection Districts that
13encompass wider service areas by combining existing fire
14departments and extending service areas of these departments
15into under-served geographic areas. It is the expressed intent
16of the General Assembly that Unified Fire Protection Districts

 

 

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1shall achieve a net savings in the cost of providing fire
2protection services, emergency medical services, and related
3services in the expanded service area by reducing and
4eliminating costs including, but not limited to, duplicative or
5excessive administrative and operational services, equipment,
6facilities, and capital expenditures, without a reduction in
7the quality or level of these services.
8    (b) Creation. A Unified Fire Protection District may be
9formed by:
10        (1) filing voter-initiated petitions for the purposes
11    of integrating existing service areas of contiguous units
12    of local government to achieve the purposes of this Act; or
13        (2) entering into intergovernmental agreements made by
14    and among existing units of local government providing fire
15    protection services, if these agreements are approved by a
16    voter referendum should a petition for such referendum be
17    initiated by voters of any affected individual unit of
18    government in accordance with the procedures of this Act.
 
19    Section 10. Definitions. The definitions in this Section
20apply throughout this Act unless the context clearly requires
21otherwise:
22    "Board" means the governing body of a Unified Fire
23Protection District.
24    "Fire protection jurisdiction" means a fire protection
25district, municipal fire department, or service organized

 

 

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1under Section 5-1056.1 of the Counties Code, Sections 195 and
2200 of the Illinois Township Code, Section 10-2.1 of the
3Illinois Municipal Code, or the Illinois Fire Protection
4District Act.
5    "Intergovernmental Authority" means the governing bodies
6of 2 or more adjacent fire protection jurisdictions that meet
7for the limited purpose of creating a Unified Fire Protection
8District without referendum approval in accordance with the
9provisions of this Act.
10    "Joint Committee" means the group consisting of the parties
11appointed by the Court in accordance with the procedures of
12this Act after a petition has been filed to create a Unified
13Fire Protection District. The Joint Committee meets for the
14limited purpose of negotiating the terms of an
15intergovernmental agreement to create a Unified Fire
16Protection District.
17    "Plan" means a plan developed by a Planning Committee or
18the parties pursuant to a petition to create a Unified Fire
19Protection District for a particular geographic area. These
20plans shall cover the financing of a District project or
21projects including, but not limited to, specific capital
22projects, maintaining the quality and level of fire operations
23and emergency service operations, and the preservation and
24maintenance of existing or future facilities.
25    "Property Tax" or "Tax" has the same meaning as the term
26"Tax", as defined in Section 1-145 of the Property Tax Code.

 

 

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1    "Planning Committee" means the advisory committee created
2under Sections 4.01 and 4.02 of the Fire Protection District
3Act to facilitate the combination of fire protection services
4and create Unified Fire Protection Districts to achieve the
5purposes of this Act.
6    "Special Mediator" means an individual who possesses the
7qualifications specified in this Act and shall facilitate the
8negotiation of an intergovernmental agreement to create a
9Unified Fire Protection District.
10    "Unified Fire Protection District" or "District" means a
11county, municipal corporation, fire protection district,
12township, or unit of local government, as defined under the
13meaning of Article VII, Section 1 of the Illinois State
14Constitution, that has boundaries that are coextensive with 2
15or more adjacent fire protection jurisdictions and has been
16created by either a referendum under this Act, or by agreement
17under Article VII of Section 10 of the Illinois Constitution,
18the Illinois Intergovernmental Cooperation Act, and the
19provisions of this Act.
 
20    Section 15. Elections and referenda. If a referendum must
21be submitted under this Act for approval or rejection by the
22electors, the time and manner of conducting a referendum,
23including petition signature requirements, shall be in
24accordance with the general election law of the State. The
25creation of any Unified Fire Protection District by referendum

 

 

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1shall be secured by an intergovernmental agreement that
2includes terms that meet the standards set forth in Section 25
3of this Act.
 
4    Section 20. Notice to the Office of the State Fire Marshal.
5Whenever a county clerk or other election authority places upon
6a ballot the question of creating or altering a District, or
7upon recording of an intergovernmental agreement creating a
8District, the clerk or other election authority shall notify
9the Office of the State Fire Marshal that the proposition is to
10be put before the electorate or has been recorded, as
11appropriate. The notice shall be sent to the Office of the
12State Fire Marshal within 10 business days after the question
13is certified to the clerk or other election authority, or the
14intergovernmental agreement is recorded.
 
15    Section 25. Creation of a District by petition and
16referendum.
17    (a) Petition. A Unified Fire Protection District may be
18formed upon petition signed by the lesser of: (i) at least 100
19legal voters in each of the units of local government proposed
20to be unified; or (ii) 10% of the legal voters in each of the
21units of local government to be included in the Unified Fire
22Protection District. The petition shall be filed in the circuit
23court of the county in which the greater part of the land of
24the proposed Unified Fire Protection District shall be

 

 

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1situated. The petition shall set forth the names of the units
2of local government proposed to be included, the name of the
3proposed Unified Fire Protection District, the benefits of
4consolidating the units of local government within a Unified
5Fire Protection District, and whether the trustees shall be
6elected or appointed. Upon its filing, the petition shall be
7presented to the court, and the court shall fix the date and
8hour for a hearing.
9    (b) Notice of Hearing. Upon the filing of the petition, the
10court shall set a hearing date that is at least 4 weeks, but
11not more than 8 weeks, after the date the petition is filed.
12The court, or the clerk or sheriff upon order of the court,
13shall give notice 21 days before the hearing in one or more
14daily or weekly newspapers of general circulation in each
15county where an affected unit of local government is organized
16and by posting at least 10 copies of the notice in conspicuous
17places within the proposed District. The notice must describe
18the units of local government to be included and shall state
19that if the conditions required by this Section are met, then
20the proposition for the creation of the District shall be
21submitted to the voters of the units of local government in the
22proposed District by order of the court.
23    (c) Hearing and referendum. To certify a question for
24referendum, the court must find that: (i) based upon a
25preponderance of the evidence, the representatives of each of
26the parties to the proposed District have executed an

 

 

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1intergovernmental agreement that includes terms that are in
2compliance with the requirement under subsection (d) of this
3Section; (ii) the terms of an agreed-upon intergovernmental
4agreement have been approved by the requisite governing bodies
5of each of the units of local government; and (iii) should the
6terms of an agreed-upon intergovernmental agreement change the
7terms of the collective bargaining agreement for a bargaining
8unit encompassed within the jurisdiction of the proposed
9Unified Fire Protection District, any affected collective
10bargaining units must also approve all such changes in the
11terms of the collective bargaining agreement.
12    At the hearing, the court shall first determine whether the
13petition is supported by the required number of valid
14signatures of legal voters within the contiguous units of local
15government.
16    (d) Joint Committee. If the petition is proper, then the
17court shall remand the matter to a Special Mediator who shall
18mediate the negotiations regarding the terms of an
19intergovernmental agreement by the members of the Joint
20Committee. The Special Mediator shall be a member of the bar of
21the State of Illinois or a member of the faculty of an
22accredited law school. The Special Mediator shall have
23practiced law for at least 7 years and be knowledgeable about
24municipal, labor, employment, and election law. The Special
25Mediator shall be free of any conflicts of interest. The
26Special Mediator shall have strong mediation skills and the

 

 

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1temperament and training to listen well, facilitate
2communication, and assist with negotiations. Special Mediators
3shall have sufficient experience and familiarity with
4municipal, labor, employment, and election law to provide a
5credible evaluation and assessment of relative positions.
6    The Special Mediator assigned to mediate the Joint
7Committee's negotiations shall be selected by the members of
8the Joint Committee from a panel of 7 individuals provided by
9the Joint Labor Management Committee, as it is defined in
10Section 50 of the Fire Department Promotion Act. The panel
11shall be randomly selected by the Joint Labor Management
12Committee from a master list maintained by the Joint Labor
13Management Committee consisting of at least 14 qualified
14Special Mediators. If the members fail to agree, the court
15shall appoint the Special Mediator.
16    The court shall allow appointments to the Joint Committee
17as follows:
18        (1) A representative of each unit of local government
19    included within the proposed service area of the proposed
20    District.
21        (2) A representative of each exclusive bargaining unit
22    that is a party to a collective bargaining agreement with a
23    fire protection jurisdiction within a unit of local
24    government included within the proposed District.
25        (3) A representative for the petitioners from each unit
26    of local government included within the proposed District,

 

 

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1    chosen from among the legal voters that signed the
2    petition.
3    (e) Joint Committee Negotiations. After remand, the
4Special Mediator shall schedule a meeting of the Joint
5Committee and facilitate the members in negotiating the terms
6of an intergovernmental agreement. The first order of business
7shall be to establish a financial baseline for the current
8costs of fire and emergency medical services provided by the
9units of local government party to the Joint Committee. To this
10end, each unit of local government party to the Joint Committee
11shall disclose to the Joint Committee the total aggregate
12expenditures it allocates for providing fire and emergency
13medical services. These expenditures shall include, but shall
14not be limited to, the following cost factors: (i) all expenses
15from the annual fund for the current fiscal year; and (ii) all
16costs, whether direct or indirect, paid from other funds,
17including, but not limited to, capital or building funds,
18pension funds, workers' compensation funds, health insurance
19funds, enterprise funds, and all other funds from which money
20is, or may be, paid or transferred to pay for the compensation
21or benefits for employees or persons assigned to provide fire
22or emergency medical services or related services, equipment,
23and buildings and their maintenance or operation and debt
24service for any expenditures related to these or related cost
25factors.
26    The Special Mediator or the court, or both if necessary,

 

 

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1shall facilitate the computation and production of this
2financial baseline. The financial baseline shall serve as the
3predicate to: (i) the annual contributions to be made by each
4unit of local government to the costs of providing fire and
5emergency medical services to the service area established for
6the Unified Fire Protection District created by the
7Intergovernmental Agreement; and (ii) for the court's findings
8pursuant to items (1) and (4) of subsection (f) of this
9Section.
10    The Joint Committee may take note or give due consideration
11to available resources, studies, and plans that may facilitate
12the resolution of issues relating to the terms of an agreement.
13Negotiations may continue for a period of 90 days or, if the
14court determines that additional time will facilitate
15agreement, longer.
16    If no agreement is reached, the court shall dismiss the
17petition. If an agreement is reached, the court shall schedule
18an evidentiary hearing with notice to determine if the terms of
19the agreement are in compliance with the requirements of
20subsection (f) of this Section.
21    An agreement shall be executed by at least 2 of the 3 Joint
22Committee representatives appointed by the court for each unit
23of local government included in the proposed District. If the
24agreement is executed by representatives of at least 2 units of
25local government included in the original petition, then the
26petition may proceed, provided that the agreement is executed

 

 

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1by at least 2 of 3 Joint Committee representatives within 2 or
2more units of local government included in the original
3petition. The units of local government that did not consent to
4inclusion shall be dismissed, and an amended petition on behalf
5of the consenting units shall be scheduled for an evidentiary
6hearing.
7    The persons or entities, or their duly authorized
8representatives, that shall have standing to present evidence
9at the hearing are the petitioners, the units of local
10government that shall be included in the proposed District, and
11representatives of each exclusive bargaining unit that is a
12party to a collective bargaining agreement with a fire
13protection jurisdiction within a unit of local government
14included within the proposed District.
15    If the court finds, by a preponderance of the evidence,
16that the petition is supported by a proper intergovernmental
17agreement, the court shall enter an order certifying the
18proposition to the proper election officials, who shall submit
19the question of the creation of the proposed District to the
20legal voters of each included unit of local government at the
21next election. Notice of the election shall be given and the
22election conducted in the manner provided by the general
23election law. The notice shall state the boundaries of the
24proposed District.
25    The question shall be submitted in substantially the
26following form:

 

 

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1        Shall the service areas of (names of existing units of
2    local government to be combined) be combined to create the
3    (name of the Unified Fire Protection District)?
4    Responses shall be recorded as "Yes" or "No".
5    A written statement of the election results shall be filed
6with the court. If, in each unit of local government included
7within the boundaries of the Unified Fire Protection District,
8a majority of the voters voting on the question favor the
9proposition, then the court shall issue an order stating that
10the Unified District has been approved.
11    (f) Intergovernmental agreement; minimum standards of
12service. The terms of the intergovernmental agreement shall
13ensure that all of the following standards of service are met:
14        (1) The formation of the District shall result in no
15    net increase in the cost of fire protection services and
16    emergency medical services to each unit of local government
17    due to the reduction or elimination of duplicative
18    administrative costs, operational costs, equipment costs,
19    or capital expenditures unless members of the Joint
20    Committee can demonstrate that an increase in the cost to a
21    participating unit of local government is justified by a
22    corresponding increase in the level of services provided to
23    a participating unit of local government under the terms of
24    the intergovernmental agreement.
25        (2) The formation of the District shall not increase
26    the average response times in any included unit of local

 

 

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1    government.
2        (3) Districts shall have no independent ability to levy
3    taxes and shall rely on the fiscal support and
4    contributions from component fire protection
5    jurisdictions, as required under the terms of the
6    intergovernmental agreement.
7        (4) The District shall apply savings in operating costs
8    as follows: A minimum of 50% of cost savings shall be
9    contributed, pro rata, to the Firemen's Pension Fund of
10    each included unit of local government as applicable. Those
11    contributions shall be applied as a credit to reduce the
12    unfunded accrued liability of the Fund, if one exists. If
13    no unfunded accrued liabilities exist, the savings in
14    operating costs shall be divided into equal amounts and
15    applied to reduce the contributions otherwise required by
16    the unit of local government and its firefighter employees
17    under the Pension Code.
 
18    Section 30. Creation of a District by an Intergovernmental
19Authority. The governing bodies of 2 or more adjacent fire
20protection jurisdictions may commence and implement action to
21adopt a proposed Plan pursuant to Section 10 of Article VII of
22the Illinois Constitution and the Illinois Intergovernmental
23Cooperation Act and create a Unified Fire Protection District.
24    (a) The governing body of a fire protection jurisdiction
25seeking to implement and adopt a Plan under Section 50 of this

 

 

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1Act through an Intergovernmental Authority shall publish a
2written notice regarding their intentions and hold a public
3hearing.
4    If the fire protection jurisdiction is located entirely in
5one county, the notice shall be published in an English
6language newspaper of general circulation published in the fire
7protection jurisdiction, or, if no such newspaper exists, then
8in an English language newspaper of general circulation
9published in the county and having circulation in the fire
10protection jurisdiction.
11    If the fire protection jurisdiction is located primarily in
12one county but extends into smaller portions of adjoining
13counties, the notice shall be published in a newspaper of
14general circulation published in the fire protection
15jurisdiction, or, if no such newspaper exists, then in a
16newspaper of general circulation published in each county in
17which any part of the fire protection jurisdiction is located.
18    If the fire protection jurisdiction includes all or a large
19portion of two or more counties, the notice shall be published
20in a newspaper of general circulation published in each county
21in which any part of the fire protection jurisdiction is
22located.
23    The notice shall appear not more than 30 and no less than
2410 days prior to the date of the public hearing.
25    (b) All hearings shall be open to the public. The corporate
26authorities of each participating fire protection jurisdiction

 

 

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1to an Intergovernmental Authority shall explain the reasons for
2the proposed creation of an Unified Fire Protection District
3and provide persons with an opportunity to present testimony
4within reasonable time limits, as determined by the corporate
5authorities of the affected fire protection jurisdictions.
6    (c) An Intergovernmental Authority, under the provisions
7of this Section, may on its own initiative, or shall upon
8receiving notice that a petition has been filed under Section
925 of this Act, convert the proposed District into a District
10formed by petition, subject to approval by the affected voters
11in accordance with the procedures of this Act.
12    (d) An Intergovernmental Authority, following each
13participating fire protection jurisdiction's approval and open
14hearing, shall adopt a Plan as set forth in Section 50 of this
15Act.
16    (e) Any participating fire protection jurisdiction to an
17Intergovernmental Authority may withdraw upon 10 days written
18notice to all other fire protection jurisdictions that are
19members of the Intergovernmental Authority. An
20Intergovernmental Authority shall dissolve within 120 days of
21its first meeting should it not adopt a Unified Fire Protection
22District Plan.
 
23    Section 35. Judicial notice. All courts in this State shall
24take judicial notice of the existence of any District organized
25under this Act, and every such District shall constitute a body

 

 

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1corporate that may sue or be sued in all courts.
 
2    Section 40. Support. Notwithstanding any provision of this
3Act, a Unified Fire Protection District, whether created by
4referendum or an Intergovernmental Authority, may receive
5supplementary funding, fiscal support, or other revenue or
6property consideration from the State, including the Office of
7the State Fire Marshal, a county, or any other unit of local
8government to defray the expenses of organizing a new District
9or as may be deemed necessary or appropriate, and may be
10appropriated by that entity to the Authority.
 
11    Section 45. Enforcement of an intergovernmental agreement.
12In the event of a default, the District shall be authorized to
13secure collection of promised contributions from the unit of
14local government by intercepting: (1) monies deposited or to be
15deposited into any special fund of the defaulting unit of local
16government; or (2) grants or other revenues or taxes expected
17to be received by the unit of local government from the State
18or federal government, including taxes imposed by the
19governmental unit pursuant to a grant of authority by the
20State, such as sales or use taxes or utility taxes.
21    Any interception authorized under this Section by the
22District shall be valid and binding from the time the
23interception is made. The revenues, monies, and other funds
24intercepted and to be intercepted by the District shall

 

 

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1immediately be subject to the District's lien. The lien shall
2be valid and binding against all parties having claims of any
3kind in tort, contract, or otherwise against the defaulting
4unit of local government, irrespective of whether such parties
5have notice. Under any such interception, a defaulting unit of
6local government may bind itself to impose rates, charges, or
7taxes to the fullest extent permitted by applicable law. Any
8ordinance, resolution, trust agreement, or other instrument by
9which a lien is created shall be filed in the records of the
10District.
11    The State Treasurer, the State Comptroller, the Department
12of Revenue, and the Department of Transportation shall deposit
13or cause to be deposited any amount of grants or other revenues
14or taxes expected to be received by the defaulting unit of
15local government from that official or entity that has been
16pledged to the defaulting unit of local government, directly
17into a designated escrow account established by the District at
18a trust company or bank having trust powers, unless otherwise
19prohibited by law. The ordinance authorizing that disposition
20shall, within 10 days after adoption by the governing body of
21the District, be filed with the official or entity with custody
22of the garnished grants or other revenues or taxes.
 
23    Section 50. Planning Committee; formation; powers. A
24Planning Committee is an advisory entity that is created,
25convened, and empowered as provided in this Section.

 

 

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1    (a) An Intergovernmental Authority may create a Planning
2Committee to discuss the formation of a Unified Fire Protection
3District.
4    Each governing body of a participating fire protection
5jurisdiction under this Section shall appoint two officials or
6employees to the Planning Committee. Each exclusive
7representative of any collective bargaining unit containing
8fire department-related employees of each affected fire
9protection jurisdiction shall appoint 2 members or officials to
10the Planning Committee. Members of a Planning Committee may be
11reimbursed for travel and incidental expenses at the discretion
12of the governing body of each respective fire protection
13jurisdiction.
14    (b) A Planning Committee may receive state funding, as
15appropriated by the legislature or from the Office of the State
16Fire Marshal or any affected fire protection jurisdiction for
17initial funding to pay for salaries, expenses, overhead,
18supplies, and similar expenses ordinarily and necessarily
19incurred.
20    (c) A Planning Committee shall conduct its affairs and
21formulate a Plan as provided under Section 55 of this Act.
22    (d) At its first meeting, a Planning Committee may elect
23officers and provide for the adoption of rules and other
24operating procedures.
25    (e) A Planning Committee may dissolve itself at any time by
26a majority vote of the total membership of the Planning

 

 

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1Committee. Any participating fire protection jurisdiction may
2withdraw upon 10 days' written notice to all other fire
3protection jurisdictions that are members of the Planning
4Committee.
5    (f) Planning Committees are subject to the requirements of
6the Illinois Open Meetings Act.
 
7    Section 55. Planning Committee; duties; formulation of
8Plan.
9    (a) A Planning Committee shall adopt a Plan providing for
10the design, financing, and development of fire protection
11services for the territory that shall comprise the new
12District. The Planning Committee may coordinate its activities
13with neighboring municipalities, fire protection districts,
14and other local governments that engage in fire protection
15planning. The Planning Committee may consider land use planning
16criteria and the input of local government officials located
17within, or partially within, a participating fire protection
18jurisdiction.
19    (b) The Planning Committee shall:
20        (1) create opportunities for public input in the
21    development of the Plan;
22        (2) adopt a Plan proposing the creation of a District
23    and recommending design, financing, and development of
24    fire protection and emergency service facilities and
25    operations, including maintenance and preservation of

 

 

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1    facilities or systems which may include the provision of
2    ambulance and other fire department-related services. The
3    Plan shall identify the existing levels of fire department
4    emergency services as measured by nationally acceptable
5    practices. It shall ensure that, absent an increase in the
6    level of services to be provided to the territory of the
7    proposed District, no net increase in cost of services
8    shall occur. The Plan shall also provide that the average
9    emergency services response times in the District shall not
10    be increased compared with those of each affected fire
11    protection jurisdiction;
12        (3) adopt, as part of the Plan, recommended and
13    identified resources and assets to be available to the
14    District from prospective contributing or component fire
15    protection jurisdictions, or other sources;
16        (4) adopt, as part of the Plan, recommended and
17    identified obligations and liabilities to be assumed by the
18    District from prospective contributing or component fire
19    protection jurisdictions, or to be retained by the
20    prospective contributing or component fire protection
21    jurisdictions;
22        (5) adopt, as part of the Plan, a recommended timeline
23    for establishing common and uniform operating procedures,
24    standards, and guidelines, as well as rules and policies,
25    to be applicable to the District upon approval by the
26    District subsequent to its activation as a viable entity;

 

 

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1        (6) recommend sources of revenue authorized by Section
2    60 of this Act and undertake financial and budgeting
3    processes to fund selected fire protection service
4    projects. The Plan shall include amendment, termination,
5    and enforcement provisions, specifically to include breach
6    or default in the payment and funding provisions of the
7    Plan and the penalties for such a breach, as well as the
8    means to enforce the provisions of the Plan by the affected
9    fire protection jurisdictions;
10        (7) identify the composition of the Board and the
11    relative representation of each fire protection
12    jurisdiction on the Board; and
13        (8) determine whether to seek a voter-approved Plan for
14    any non-elector initiated Unified Fire Protection
15    District.
16    (c) Once adopted, the Plan shall be forwarded to the
17participating fire protection jurisdictions' governing bodies
18for their approval. If approved by all affected fire protection
19jurisdictions, the Plan shall be used either to initiate the
20petition process under Section 25 of this Act or for
21implementation by intergovernmental agreement under Section 30
22of this Act.
23    (d) For elector-approved Plans initiated by the fire
24protection jurisdictions, if the ballot measure to adopt the
25Plan is not approved by the voters, the Planning Committee may
26reconvene to redefine the scope and purpose of the District,

 

 

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1its projects, the financing plan, and the ballot measure. The
2governing bodies of the member fire protection jurisdictions
3may approve a new Plan and ballot measure, and may then submit
4the revised proposition to the voters at a subsequent regular
5election. Alternatively, the Plan may be approved and
6implemented under provisions creating an Intergovernmental
7Authority pursuant to Section 30 of this Act.
 
8    Section 60. Unified Fire Protection District; initial
9startup.
10    (a) A District formed by voter petition in accordance with
11Section 25, or as otherwise provided in this Act, shall
12commence operations no later than 90 days after the date of the
13election and shall operate for the purposes set forth in the
14Plan. An Intergovernmental Authority comprised of governing
15bodies of 2 or more fire protection jurisdictions shall be
16considered to be formed upon approval of the governing bodies
17of each member fire protection jurisdiction. The
18Intergovernmental Authority shall commence operations on the
19date identified in the Plan.
20    (b) The Unified Fire Protection District shall be governed
21by a Board of 5 trustees. The Board shall elect a Chairperson
22from among its members, who shall vote only in the case of a
23tie.
24    If a District is wholly contained within a single county,
25the trustees for the District shall be appointed by the chief

 

 

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1executive officer of the county board with the advice and
2consent of the county board. If the District lies within more
3than one county, the number of trustees who are residents of a
4county shall be in proportion, as nearly as practicable, to the
5number of residents of the District who reside in that county
6in relation to the total population of the District, unless the
7District has voted by referendum to elect the trustees.
8Thereafter, each trustee shall be succeeded by a resident of
9the same county who shall be appointed by the same appointing
10authority. The appropriate appointing authorities shall
11appoint 5 trustees of the District within 60 days after the
12entry of the order establishing the District. The trustees
13shall be electors in the District, provided that the Board
14shall consist of a trustee representing each unit of local
15government, subject to the intergovernmental agreement, within
16the Unified Fire Protection District. The trustees shall hold
17the terms of office and shall have the powers and
18qualifications that are provided for trustees under Section 4
19of the Fire Protection District Act.
20    In the event of a conflict between the terms of the
21intergovernmental agreement and the powers of the trustees
22otherwise provided by law, the terms of the intergovernmental
23agreement shall prevail and supersede.
24    (c) The District shall have the power, duties, and
25obligations of a fire protection district as otherwise provided
26under this Act, except as modified or limited by the provisions

 

 

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1of this Section. The District shall develop a budget funded at
2a level sufficient to ensure that the quality of service
3provided to the residents of the service area within the
4boundary of the included units of local government continues at
5a level equal to or greater than those provided prior to the
6modification.
7    (d) The establishment of a District as a separately-named
8unit of local government shall not prevent the units of local
9government within it from identifying their historical fire
10departments with the names of their localities. In that event,
11local fire departments shall be described as [local name]
12Branch of the [name of the District].
13    (e) Upon the formation of a District under either Section
1425 or 30 of this Act, the fire departments of the participating
15units of local government shall be operated under a single
16chain of command under the leadership of one fire chief
17appointed by the Board of the District. Chiefs and subordinate
18chief officers who are redundant under the single chain of
19command, or consolidated shifts established by the Board, shall
20be eligible to apply for vacancies in positions that may be
21established under the terms of the intergovernmental agreement
22entered into by the parties, provided that the positions shall
23not be available to any person who is already retired and
24receiving benefits under Article 4 of the Illinois Pension
25Code. These positions may include, but are not limited to,
26training officer, emergency medical services coordinator, fire

 

 

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1inspector, and company officer. Any proposed reduction to a
2bargaining unit position resulting from the abolishment of a
3non-bargaining unit position shall be subject to compliance
4with the bargaining rights of any affected collective
5bargaining representative.
6    Upon taking office, the fire chief of the District shall
7command all shifts covering the unified service area of the
8units of local government included in the District. The
9District shall become a body politic and corporate with all the
10powers, rights, duties, and obligations vested in it under the
11terms of the intergovernmental agreement and as otherwise
12provided under the provisions of this Act.
13    (f) Upon the organization of the District, the duties of
14each included unit of local government relating to the
15operation of a fire department and emergency medical services
16within the boundaries of the District shall be transferred to
17the Board of the District to be exercised according to the
18terms of the intergovernmental agreement and as otherwise
19provided under the provisions of this Act.
20    (g) Unless otherwise agreed upon, all firefighters and
21emergency medical services personnel lawfully in the
22employment of any unit of local government included in the
23District shall maintain identity with the fire departments that
24they were serving on prior to the intergovernmental agreement
25creating the Unified Fire Protection District, but shall be
26subject to the unified chain of command established by the

 

 

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1Board.
2    A District consisting of any fire department that employs
3full-time officers or members shall be subject to Sections
416.01 through 16.18 of the Fire Protection District Act unless
5the terms of the intergovernmental agreement agreed to by the
6units of local government and the exclusive bargaining agents
7representing employees engaged in providing fire protection or
8emergency medical services within the service area of the
9District provides otherwise.
10    (h) Contracts in effect between an exclusive bargaining
11agent and a unit of local government shall continue according
12to their terms. Successor contracts shall be negotiated in
13accordance with the provisions of the Illinois Public Labor
14Relations Act. Upon agreement of any 2 or more units of local
15government and corresponding exclusive bargaining
16representatives, and approval of that agreement by a majority
17of the members of each respective bargaining unit, any 2 or
18more bargaining units may be consolidated into a single
19bargaining unit.
20    (i) Any unit of local government that is included in a
21District shall be exempt from any reduction in the formula for
22distribution of income tax revenues under Section 901 of the
23Illinois Income Tax Act and personal property replacement tax
24revenues under subsection (c) of Section 201 of the Illinois
25Income Tax Act collected from local taxpayers by State agencies
26and redistributed to the units of local government based on the

 

 

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1formula and laws in effect as of the effective date of this
2amendatory Act of the 98th General Assembly.
3    A District shall be eligible to receive the distribution of
4income tax revenues collected from local taxpayers according to
5the same formula applicable to municipalities.
 
6    Section 65. Levy of taxes; limitations; indebtedness.
7    (a) To carry out the purposes for which a District is
8created, a District Board is empowered to take all actions
9authorized by law and authorized under this Act for the purpose
10of enforcing payment of any and all contributions and payments
11required under the terms of an intergovernmental agreement
12executed under the provisions of this Act.
13    (b) The inclusion of any unit of local government into a
14District shall not affect the obligation of any contract
15entered into by the unit of local government unless otherwise
16agreed upon in the intergovernmental agreement. Such contracts
17shall remain the obligation of the unit of local government
18that incurred the obligation.
19    The inclusion of units of local government shall not
20adversely affect proceedings for the collection or enforcement
21of any tax. The proceedings shall continue to finality as if no
22inclusion had taken place. The proceeds thereof shall be paid
23to the treasurer of the unit of local government, subject to
24the terms of the intergovernmental agreement, to be used for
25the purpose for which the tax was levied or assessed.

 

 

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1    All suits pending in any court on behalf of or against any
2unit of local government relating to the provision of fire or
3emergency medical services on the date that the unit of local
4government is joined into a District under this Act may be
5prosecuted or defended in the name of the unit of local
6government unless otherwise provided in the intergovernmental
7agreement. All judgments obtained for any unit of local
8government joined into a District shall be collected and
9enforced by the District for its benefit unless otherwise
10provided in the intergovernmental agreement.
11    The title to all property of a unit of local government
12related to providing fire or emergency medical services in the
13District that is transferred to the District under the terms of
14the intergovernmental agreement shall remain vested in the unit
15of local government to be held for the same purposes and uses,
16and subject to the same conditions as before inclusion.
17    (c) Any intergovernmental contracts otherwise authorized
18by law that relate to the combination of contracts or the
19integration of service areas where fire protection or emergency
20medical services are performed shall be entered into pursuant
21to Section 25 or Section 30 of this Act.
 
22    Section 70. Petition to dissolve a District; referendum.
23The Board of a District may certify and submit the question of
24dissolution of the District to the electors of the District.
25The Board may draft a ballot title, give notice as required by

 

 

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1the general election law, and perform other duties as required
2to put the question before the voters of the District for their
3approval or rejection as a single ballot measure. The
4electorate consists of the voters voting within the boundaries
5of the existing District. A simple majority of the registered
6voters voting on the single ballot measure is required to
7approve dissolution of the petitioned District. The District
8shall act in accordance with general election law. The District
9seeking dissolution is liable for its proportionate share of
10the costs of the election.
11    The question shall be in substantially the following form: -
12
---------------------------
13
For dissolution of the
14
.........Unified Fire
15
Protection District.
-
16
---------------------------
17
Against dissolution of the
18
.........Unified Fire
19
Protection District.
-
20
---------------------------
21    Votes shall be recorded as "Yes" or "No". If a majority of
22the votes cast are in favor of the dissolution, the assets,
23liabilities, obligations, and personnel assigned or belonging
24to the District shall revert to the component fire protection
25jurisdictions comprising or contributing to the District,
26proportional to each fire protection jurisdiction's

 

 

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1contribution. All such transfers and reassignments shall be
2made in an expeditious and timely manner, and no longer than
3120 days after the date upon which the District dissolution
4vote was certified by local election authorities.
 
5    Section 75. Intergovernmental Authority and District;
6dissolution.
7    A District created by an intergovernmental agreement under
8Section 30 may be dissolved upon consent of the component fire
9protection jurisdictions comprising or contributing to the
10District.
11    The Board of the District seeking dissolution shall publish
12a written notice of and hold a public hearing on its intention
13to dissolve the District. If the District is located entirely
14in one county, the notice shall be published in an English
15language newspaper of general circulation published in the
16District or, if there is no such newspaper, in an English
17language newspaper of general circulation published in the
18county and having circulation in the District. If the District
19is located primarily in one county but extends into smaller
20portions of adjoining counties, the notice shall be published
21in a newspaper of general circulation published in the District
22or, if there is no such newspaper, in a newspaper of general
23circulation published in each county in which any part of the
24District is located. If the District includes all or a large
25portion of two or more counties, the notice shall be published

 

 

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1in a newspaper of general circulation published in each county
2in which any part of the District is located. The notice shall
3appear not more than 30 and no less than 10 days prior to the
4date of the public hearing.
5    All hearings shall be open to the public. The Board shall
6explain the reasons for the proposed dissolution of the
7District and shall permit persons an opportunity to present
8testimony within reasonable time limits as the Board
9determines.
10    A simple majority of votes within the District is required
11for dissolution of the District.
12    Upon approval of dissolution of a District, the assets,
13liabilities, obligations, and personnel assigned or belonging
14to the District shall revert to the component fire protection
15jurisdictions comprising or contributing to the District, in
16proportion to each fire protection jurisdiction's
17contribution. All transfers and reassignments shall be made in
18an expeditious and timely manner, but no longer than 120 days
19after the date upon which the District dissolution vote was
20affirmed by the District Board.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".