Full Text of HB3763 102nd General Assembly
HB3763enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Protection District Act is amended by | 5 | | changing Sections 14.14, 15c, 16d, 20, and 21.1 and by adding | 6 | | Section 28 as follows:
| 7 | | (70 ILCS 705/14.14) (from Ch. 127 1/2, par. 34.14)
| 8 | | Sec. 14.14.
(a) In a county having a population of between | 9 | | 500,000 and
750,000, territory within the boundaries of a | 10 | | non-home rule municipality
that receives fire protection | 11 | | services from more than a single fire
protection district may | 12 | | be disconnected from one fire protection district
and | 13 | | transferred to the district that provides services to the area
| 14 | | comprising more than 80% of the municipality's assessed | 15 | | valuation. To
disconnect that territory, the board of trustees | 16 | | of one of the affected
districts, the corporate authorities of | 17 | | the municipality, or 5% of the
owners of property within the | 18 | | territory to be disconnected may file a
petition in the court | 19 | | in which the district (from which disconnection is
sought) was | 20 | | organized, setting forth the following:
| 21 | | (1) The description of the territory sought to be | 22 | | transferred.
| 23 | | (2) A statement that:
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| 1 | | (A) more than 80% of the assessed valuation of the | 2 | | municipality lies
within one district;
| 3 | | (B) more than 90% of the residents of the | 4 | | municipality reside within
that same district;
| 5 | | (C) the territory to be transferred contains less | 6 | | than 10% of the
total assessed valuation and total | 7 | | number of residents of the affected
district;
| 8 | | (D) the territory to be transferred consists of | 9 | | all the territory
within the municipality serviced by | 10 | | the district from which disconnection
is sought;
| 11 | | (E) the district to which the territory is to be | 12 | | transferred agrees
to the transfer, as evidenced by | 13 | | passage of a resolution by its board of
trustees;
| 14 | | (F) the transfer will not impair the ability of | 15 | | the affected
districts to render fully adequate fire | 16 | | protection services to their
residents; and
| 17 | | (G) the transfer will not cause the territory | 18 | | within the affected
districts to be noncontiguous.
| 19 | | (3) That a response-time study has been conducted and | 20 | | the study is attached to the petition. The study must, at a | 21 | | minimum, provide estimated response times from the current | 22 | | fire protection district to the territory and estimated | 23 | | response times of the other fire protection district to | 24 | | the territory. | 25 | | (b) The petition praying that the territory be transferred | 26 | | shall be
signed and sworn to by the petitioner or petitioners. |
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| 1 | | Upon the filing of
the petition, the court shall set the | 2 | | petition for hearing on a day not
less than 2 weeks or more | 3 | | than 4 weeks from the date of filing the
petition. The court | 4 | | shall give 2 weeks notice of the hearing in the manner
provided | 5 | | in Section 1 of this Act. The municipality and affected | 6 | | districts
shall be necessary parties to the proceedings and | 7 | | shall be served with
summons in the manner prescribed for a | 8 | | party defendant under the Civil
Practice Law.
| 9 | | (c) Any property owner in the municipality or the affected | 10 | | districts
may file objections and at the hearing may appear | 11 | | and contest the transfer
and the matters averred in the | 12 | | petition, and both the objectors and
petitioners may offer any | 13 | | competent evidence in regard to the petition.
| 14 | | (d) If the court, upon hearing the petition, finds that | 15 | | the allegations
contained in the petition are true, then the | 16 | | court shall enter an order
transferring the property. | 17 | | Thereupon, the territory shall cease to be a
part of the fire | 18 | | protection district in which the territory lies. The
circuit | 19 | | clerk shall transmit a certified copy of the order to the | 20 | | county
clerk and to the Office of the State Fire Marshal.
| 21 | | (e) The territory to be transferred shall remain liable | 22 | | for its
proportionate share of outstanding bonded | 23 | | indebtedness, if any, of the
district from which it is | 24 | | transferred as of the date of transfer.
| 25 | | (Source: P.A. 87-825.)
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| 1 | | (70 ILCS 705/15c) | 2 | | Sec. 15c. Disconnection of fire protection district | 3 | | territory within a home rule municipality. Whenever any | 4 | | property within a fire protection district is located in a | 5 | | home rule municipality that provides fire service to at least | 6 | | 80% of the territory within the municipality's corporate | 7 | | limits, the home rule municipality may detach and disconnect | 8 | | that property from the fire protection district in the | 9 | | following manner: | 10 | | The municipality may petition the court, setting forth in | 11 | | the petition the following: a description of the property | 12 | | sought to be detached and disconnected; a statement that the | 13 | | detachment and disconnection will not cause the property | 14 | | remaining in the district to be noncontiguous, that the loss | 15 | | of assessed valuation by reason of the disconnection of the | 16 | | described property will not impair the ability of the district | 17 | | to render fully adequate fire protection service to the | 18 | | property remaining with the district, that the property to be | 19 | | detached and disconnected will remain liable for its | 20 | | proportionate share of any outstanding bonded indebtedness of | 21 | | the district, that a response-time study has been conducted | 22 | | and the study is attached to the petition showing, at a | 23 | | minimum, estimated response times from the fire protection | 24 | | district to the territory and estimated response times of the | 25 | | municipal fire department to the territory, and that it is a | 26 | | home rule municipality that provides for its own fire service |
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| 1 | | to at least 80% of the territory within the municipality; and | 2 | | asking that the described property be detached and | 3 | | disconnected from the fire protection district. The petition | 4 | | shall be signed and sworn to by the mayor or village president | 5 | | pursuant to a resolution of the corporate authorities of the | 6 | | municipality authorizing the filing of the petition. | 7 | | For the purpose of meeting the requirement of this Section | 8 | | that the detachment and disconnection will not cause the | 9 | | remaining property to be noncontiguous, property shall be | 10 | | considered to be contiguous if the only separation between | 11 | | parts of the property is land owned by the United States, the | 12 | | State, or any agency or instrumentality of either, or any | 13 | | regional airport authority. | 14 | | Upon the filing of the petition, the court shall set the | 15 | | same for hearing on a day not less than 2 weeks nor more than 4 | 16 | | weeks from the filing thereof and shall give 2 weeks' notice of | 17 | | such hearing in the manner provided in Section 1 of this Act. | 18 | | The fire protection district shall be a necessary party to the | 19 | | proceedings and it shall be served with summons in the manner | 20 | | prescribed for a party defendant under the Civil Practice Law. | 21 | | All property owners in such district, the district from which | 22 | | the transfer of property is to be made, and all persons | 23 | | interested therein may file objections, and at the hearing may | 24 | | appear and contest the detachment and disconnection of the | 25 | | property from the fire protection district, and both objectors | 26 | | and petitioners may offer any competent evidence in regard |
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| 1 | | thereto. If the court, upon hearing such petition, finds that | 2 | | the petition complies with this Section 15c and that the | 3 | | allegations of the petition are true, the court shall enter an | 4 | | order detaching and disconnecting the property from the | 5 | | district, and upon entry of the order the property shall cease | 6 | | to be a part of the fire protection district and shall be | 7 | | serviced by the home rule municipality, except that the | 8 | | property remains liable for its proportionate share of any | 9 | | outstanding bonded indebtedness of the district. The circuit | 10 | | clerk shall transmit a certified copy of the order to the | 11 | | county clerk of each county in which any of the affected | 12 | | property is situated and to the Office of the State Fire | 13 | | Marshal.
| 14 | | (Source: P.A. 100-1072, eff. 1-1-19 .) | 15 | | (70 ILCS 705/16d)
| 16 | | Sec. 16d. Transfer of property between districts. When a | 17 | | fire protection district has another fire protection district | 18 | | adjoining it and the adjoining district can provide better | 19 | | fire protection to an area of land
of no more than 60 acres, | 20 | | consisting of one or more tracts, that is within the corporate | 21 | | limits of
the fire protection district, the area may be | 22 | | disconnected from the district and
annexed to the adjacent | 23 | | district when each district adopts an ordinance to accomplish | 24 | | the disconnection and annexation. | 25 | | At least 60 days before the property is disconnected from |
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| 1 | | a district, the disconnecting district must send notice to the | 2 | | owner or owners of record of the area of land stating that the | 3 | | disconnecting and annexing districts intend to adopt | 4 | | ordinances that would disconnect and annex the area under this | 5 | | Section. The notice shall name the annexing district and | 6 | | include a description of the territory to be disconnected and | 7 | | annexed, the reason for doing so, and a map of the territory , | 8 | | and shall include a response-time study that has been | 9 | | conducted showing, at a minimum, estimated response times from | 10 | | the current fire protection district to the property and | 11 | | estimated response times of the adjoining district to the | 12 | | property . The notice must also set forth the time and place of | 13 | | each meeting at which the ordinance will be an agenda item and | 14 | | must state that there will be an opportunity for public | 15 | | comment at each of those meetings. The notice shall be sent by | 16 | | certified mail return receipt requested, but if the name or | 17 | | address of an owner is not known, then the district must | 18 | | publish the notice once a week for 2 successive weeks. The | 19 | | notice shall be published in a newspaper published in the | 20 | | county where the area is located. Each district's ordinance | 21 | | shall designate the same date for the effective date of the | 22 | | disconnection and annexation. | 23 | | No earlier than 60 days after the delivery of the notice to | 24 | | the last of the owners involved or 60 days after the date of | 25 | | the first publication of the notice, whichever is later, the | 26 | | disconnecting and annexing districts may adopt an ordinance |
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| 1 | | accomplishing the disconnection and annexation. | 2 | | After it adopts the ordinance, each fire protection | 3 | | district shall send a certified copy of the ordinance to the | 4 | | proper county clerk or clerks for filing and to the office of | 5 | | the State Fire Marshal.
| 6 | | (Source: P.A. 94-337, eff. 1-1-06.)
| 7 | | (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
| 8 | | Sec. 20. Disconnection by operation of law.
| 9 | | (a) Any territory within a fire protection district that | 10 | | is or
has been annexed to a municipality a city, village or | 11 | | incorporated town that provides
fire protection for property | 12 | | within such city, village or incorporated
town is, by | 13 | | operation of law, disconnected from the fire protection
| 14 | | district as of the January first after such territory is | 15 | | annexed to the municipality as long as the municipality has | 16 | | conducted a response-time study that shows, at a minimum, | 17 | | estimated response times from the fire protection district to | 18 | | the territory and estimated response times of the municipal | 19 | | fire department from the territory
city, village or | 20 | | incorporated town, or in case any such territory has
been so | 21 | | annexed prior to the effective date of this amendatory Act of
| 22 | | 1965, as of January 1, 1966.
| 23 | | (b) The disconnection by operation of law does
not occur | 24 | | if, within 60 days after such annexation or after the
| 25 | | effective date of this amendatory Act of 1965, whichever is |
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| 1 | | later, the
fire protection district files with the appropriate | 2 | | court and with the
County Clerk of each county in which the | 3 | | fire protection
district is located, a petition
alleging that | 4 | | such disconnection will cause the territory remaining in
the | 5 | | district to be noncontiguous or that the loss of assessed | 6 | | valuation
by reason of such disconnection will impair the | 7 | | ability of the district
to render fully adequate fire | 8 | | protection service to the territory
remaining with the | 9 | | district. When such a petition is filed, with the
court and | 10 | | with the County Clerk of each county in which the fire
| 11 | | protection district is located, the court
shall set it for | 12 | | hearing, and further proceedings shall be held, as
provided in | 13 | | Section 15 of this Act, except that the city, village or | 14 | | incorporated
town that annexed the territory shall be a | 15 | | necessary party to the proceedings,
and it shall be served | 16 | | with summons in the manner for a party defendant
under the | 17 | | Civil Practice Law. At such hearing, the district has
the | 18 | | burden of proving the truth of the allegations in its | 19 | | petition.
| 20 | | (c) If disconnection
does not occur, then the city, | 21 | | village or incorporated town in which part
of a fire | 22 | | protection district's territory is located, is prohibited from
| 23 | | levying the tax provided for by Section 11-7-1 of the | 24 | | "Illinois Municipal
Code" in such fire protection district | 25 | | territory for services provided to
the residents of such | 26 | | territory by the fire protection district.
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| 1 | | (d) If
there are any general obligation bonds of the fire | 2 | | protection district
outstanding and unpaid at the time such | 3 | | territory is disconnected from
the fire protection district by | 4 | | operation of this Section, such
territory shall remain liable | 5 | | for its proportionate share of such bonded
indebtedness and | 6 | | the fire protection district may continue to levy and
extend | 7 | | taxes upon the taxable property in such territory for the | 8 | | purpose
of amortizing such bonds until such time as sufficient | 9 | | funds to retire
such bonds have been collected.
| 10 | | (e) On and after the effective date of this amendatory Act | 11 | | of
the 91st General Assembly, when territory is disconnected | 12 | | from a fire
protection district under this Section, the | 13 | | annexing municipality shall pay, on
or before December 31 of | 14 | | each year for a period of 5 years after the effective
date of | 15 | | the
disconnection, to the fire
protection district from which | 16 | | the territory was disconnected, an amount as
follows:
| 17 | | (1) In the first year after the disconnection, an | 18 | | amount equal to the real
estate tax collected on the | 19 | | property in the disconnected territory by the fire
| 20 | | protection district in the tax year immediately preceding | 21 | | the year in which the
disconnection took effect.
| 22 | | (2) In the second year after the disconnection, an | 23 | | amount equal to 80% of
the real estate tax collected on the | 24 | | property in the disconnected territory by
the
fire | 25 | | protection district in the tax year immediately preceding | 26 | | the year in
which the
disconnection took effect.
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| 1 | | (3) In the third year after the disconnection, an | 2 | | amount equal to 60% of
the
real estate tax collected on the | 3 | | property in the disconnected territory by the
fire
| 4 | | protection district in the tax year immediately preceding | 5 | | the year in which the
disconnection took effect.
| 6 | | (4) In the fourth year after the disconnection, an | 7 | | amount equal to 40% of
the real estate tax collected on the | 8 | | property in the disconnected territory by
the
fire | 9 | | protection district in the tax year immediately preceding | 10 | | the year in
which the
disconnection took effect.
| 11 | | (5) In the fifth year after the disconnection, an | 12 | | amount equal to 20% of
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 | | This subsection (e) applies to a fire protection district | 17 | | only if the
corporate authorities of the district do not file a | 18 | | petition against the
disconnection under subsection (b).
| 19 | | (Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)
| 20 | | (70 ILCS 705/21.1) (from Ch. 127 1/2, par. 38.4-1)
| 21 | | Sec. 21.1.
Any resident of a county containing a fire | 22 | | protection
district which has no legal voters residing therein | 23 | | may file a petition
to dissolve the fire protection
district | 24 | | in the circuit court of the county where the district was
| 25 | | organized.
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| 1 | | The petition shall set forth: (a) the description of the | 2 | | territory
comprising the district sought to be dissolved; (b) | 3 | | that no legal voters
reside within such district; (c) that | 4 | | there is no outstanding bonded
indebtedness; and (d) that
| 5 | | adequate fire protection is reasonably available to all | 6 | | affected
property without maintaining the district ; and (e) a | 7 | | response-time study has been conducted that shows, at a | 8 | | minimum, estimated response times from the fire protection | 9 | | district to the territory and estimated response times to that | 10 | | territory after closure of the fire station .
| 11 | | Upon filing the petition, the provisions of Section 21 | 12 | | concerning a
hearing, notice thereof and the filing of | 13 | | objections shall apply. If the
court finds that any of the | 14 | | conditions set forth in the petition as
required herein do not | 15 | | exist, it shall enter an order dismissing the
petition. If the | 16 | | court finds that all of the conditions set forth in the
| 17 | | petition as required herein exist, it shall enter an | 18 | | appropriate order
to dissolve the district.
| 19 | | Any assets remaining after settlement of all district | 20 | | affairs shall
be turned over to the county in which the | 21 | | district lies and if the
district lies in more than one county | 22 | | the share of each shall be in the
same proportion as the | 23 | | percentage of district land lying in such county,
except that | 24 | | real estate shall become the property of the county in which
it | 25 | | is located.
| 26 | | The circuit clerk shall transmit a certified copy of each |
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| 1 | | order
dissolving a district to the county clerk of each county | 2 | | in which any
of the territory is situated, the State Fire | 3 | | Marshal
and the
Department of Revenue.
| 4 | | (Source: P.A. 85-556.)
| 5 | | (70 ILCS 705/28 new) | 6 | | Sec. 28. Response-time study before closure of fire | 7 | | station or district. Before a fire station of a fire | 8 | | protection district may close or the district be dissolved, a | 9 | | response-time study must be conducted that shows, at a | 10 | | minimum, estimated response times to the territory currently | 11 | | served by the fire station or district and estimated response | 12 | | times to that territory after closure of the fire station or | 13 | | district.
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