Illinois General Assembly - Full Text of HB3763
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Full Text of HB3763  102nd General Assembly

HB3763enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3763 EnrolledLRB102 13131 AWJ 18474 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 Sections 14.14, 15c, 16d, 20, and 21.1 and by adding
6Section 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
9500,000 and 750,000, territory within the boundaries of a
10non-home rule municipality that receives fire protection
11services from more than a single fire protection district may
12be disconnected from one fire protection district and
13transferred to the district that provides services to the area
14comprising more than 80% of the municipality's assessed
15valuation. To disconnect that territory, the board of trustees
16of one of the affected districts, the corporate authorities of
17the municipality, or 5% of the owners of property within the
18territory to be disconnected may file a petition in the court
19in which the district (from which disconnection is sought) was
20organized, setting forth the following:
21        (1) The description of the territory sought to be
22    transferred.
23        (2) A statement that:

 

 

HB3763 Enrolled- 2 -LRB102 13131 AWJ 18474 b

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
26shall be signed and sworn to by the petitioner or petitioners.

 

 

HB3763 Enrolled- 3 -LRB102 13131 AWJ 18474 b

1Upon the filing of the petition, the court shall set the
2petition for hearing on a day not less than 2 weeks or more
3than 4 weeks from the date of filing the petition. The court
4shall give 2 weeks notice of the hearing in the manner provided
5in Section 1 of this Act. The municipality and affected
6districts shall be necessary parties to the proceedings and
7shall be served with summons in the manner prescribed for a
8party defendant under the Civil Practice Law.
9    (c) Any property owner in the municipality or the affected
10districts may file objections and at the hearing may appear
11and contest the transfer and the matters averred in the
12petition, and both the objectors and petitioners may offer any
13competent evidence in regard to the petition.
14    (d) If the court, upon hearing the petition, finds that
15the allegations contained in the petition are true, then the
16court shall enter an order transferring the property.
17Thereupon, the territory shall cease to be a part of the fire
18protection district in which the territory lies. The circuit
19clerk shall transmit a certified copy of the order to the
20county clerk and to the Office of the State Fire Marshal.
21    (e) The territory to be transferred shall remain liable
22for its proportionate share of outstanding bonded
23indebtedness, if any, of the district from which it is
24transferred as of the date of transfer.
25(Source: P.A. 87-825.)
 

 

 

HB3763 Enrolled- 4 -LRB102 13131 AWJ 18474 b

1    (70 ILCS 705/15c)
2    Sec. 15c. Disconnection of fire protection district
3territory within a home rule municipality. Whenever any
4property within a fire protection district is located in a
5home rule municipality that provides fire service to at least
680% of the territory within the municipality's corporate
7limits, the home rule municipality may detach and disconnect
8that property from the fire protection district in the
9following manner:
10    The municipality may petition the court, setting forth in
11the petition the following: a description of the property
12sought to be detached and disconnected; a statement that the
13detachment and disconnection will not cause the property
14remaining in the district to be noncontiguous, that the loss
15of assessed valuation by reason of the disconnection of the
16described property will not impair the ability of the district
17to render fully adequate fire protection service to the
18property remaining with the district, that the property to be
19detached and disconnected will remain liable for its
20proportionate share of any outstanding bonded indebtedness of
21the district, that a response-time study has been conducted
22and the study is attached to the petition showing, at a
23minimum, estimated response times from the fire protection
24district to the territory and estimated response times of the
25municipal fire department to the territory, and that it is a
26home rule municipality that provides for its own fire service

 

 

HB3763 Enrolled- 5 -LRB102 13131 AWJ 18474 b

1to at least 80% of the territory within the municipality; and
2asking that the described property be detached and
3disconnected from the fire protection district. The petition
4shall be signed and sworn to by the mayor or village president
5pursuant to a resolution of the corporate authorities of the
6municipality authorizing the filing of the petition.
7    For the purpose of meeting the requirement of this Section
8that the detachment and disconnection will not cause the
9remaining property to be noncontiguous, property shall be
10considered to be contiguous if the only separation between
11parts of the property is land owned by the United States, the
12State, or any agency or instrumentality of either, or any
13regional airport authority.
14    Upon the filing of the petition, the court shall set the
15same for hearing on a day not less than 2 weeks nor more than 4
16weeks from the filing thereof and shall give 2 weeks' notice of
17such hearing in the manner provided in Section 1 of this Act.
18The fire protection district shall be a necessary party to the
19proceedings and it shall be served with summons in the manner
20prescribed for a party defendant under the Civil Practice Law.
21All property owners in such district, the district from which
22the transfer of property is to be made, and all persons
23interested therein may file objections, and at the hearing may
24appear and contest the detachment and disconnection of the
25property from the fire protection district, and both objectors
26and petitioners may offer any competent evidence in regard

 

 

HB3763 Enrolled- 6 -LRB102 13131 AWJ 18474 b

1thereto. If the court, upon hearing such petition, finds that
2the petition complies with this Section 15c and that the
3allegations of the petition are true, the court shall enter an
4order detaching and disconnecting the property from the
5district, and upon entry of the order the property shall cease
6to be a part of the fire protection district and shall be
7serviced by the home rule municipality, except that the
8property remains liable for its proportionate share of any
9outstanding bonded indebtedness of the district. The circuit
10clerk shall transmit a certified copy of the order to the
11county clerk of each county in which any of the affected
12property is situated and to the Office of the State Fire
13Marshal.
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
17fire protection district has another fire protection district
18adjoining it and the adjoining district can provide better
19fire protection to an area of land of no more than 60 acres,
20consisting of one or more tracts, that is within the corporate
21limits of the fire protection district, the area may be
22disconnected from the district and annexed to the adjacent
23district when each district adopts an ordinance to accomplish
24the disconnection and annexation.
25    At least 60 days before the property is disconnected from

 

 

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1a district, the disconnecting district must send notice to the
2owner or owners of record of the area of land stating that the
3disconnecting and annexing districts intend to adopt
4ordinances that would disconnect and annex the area under this
5Section. The notice shall name the annexing district and
6include a description of the territory to be disconnected and
7annexed, the reason for doing so, and a map of the territory,
8and shall include a response-time study that has been
9conducted showing, at a minimum, estimated response times from
10the current fire protection district to the property and
11estimated response times of the adjoining district to the
12property. The notice must also set forth the time and place of
13each meeting at which the ordinance will be an agenda item and
14must state that there will be an opportunity for public
15comment at each of those meetings. The notice shall be sent by
16certified mail return receipt requested, but if the name or
17address of an owner is not known, then the district must
18publish the notice once a week for 2 successive weeks. The
19notice shall be published in a newspaper published in the
20county where the area is located. Each district's ordinance
21shall designate the same date for the effective date of the
22disconnection and annexation.
23    No earlier than 60 days after the delivery of the notice to
24the last of the owners involved or 60 days after the date of
25the first publication of the notice, whichever is later, the
26disconnecting and annexing districts may adopt an ordinance

 

 

HB3763 Enrolled- 8 -LRB102 13131 AWJ 18474 b

1accomplishing the disconnection and annexation.
2    After it adopts the ordinance, each fire protection
3district shall send a certified copy of the ordinance to the
4proper county clerk or clerks for filing and to the office of
5the 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
10is or has been annexed to a municipality a city, village or
11incorporated town that provides fire protection for property
12within such city, village or incorporated town is, by
13operation of law, disconnected from the fire protection
14district as of the January first after such territory is
15annexed to the municipality as long as the municipality has
16conducted a response-time study that shows, at a minimum,
17estimated response times from the fire protection district to
18the territory and estimated response times of the municipal
19fire department from the territory city, village or
20incorporated town, or in case any such territory has been so
21annexed prior to the effective date of this amendatory Act of
221965, as of January 1, 1966.
23    (b) The disconnection by operation of law does not occur
24if, within 60 days after such annexation or after the
25effective date of this amendatory Act of 1965, whichever is

 

 

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

 

 

HB3763 Enrolled- 10 -LRB102 13131 AWJ 18474 b

1    (d) If there are any general obligation bonds of the fire
2protection district outstanding and unpaid at the time such
3territory is disconnected from the fire protection district by
4operation of this Section, such territory shall remain liable
5for its proportionate share of such bonded indebtedness and
6the fire protection district may continue to levy and extend
7taxes upon the taxable property in such territory for the
8purpose of amortizing such bonds until such time as sufficient
9funds to retire such bonds have been collected.
10    (e) On and after the effective date of this amendatory Act
11of the 91st General Assembly, when territory is disconnected
12from a fire protection district under this Section, the
13annexing municipality shall pay, on or before December 31 of
14each year for a period of 5 years after the effective date of
15the disconnection, to the fire protection district from which
16the 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.

 

 

HB3763 Enrolled- 11 -LRB102 13131 AWJ 18474 b

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
17only if the corporate authorities of the district do not file a
18petition 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
22protection district which has no legal voters residing therein
23may file a petition to dissolve the fire protection district
24in the circuit court of the county where the district was
25organized.

 

 

HB3763 Enrolled- 12 -LRB102 13131 AWJ 18474 b

1    The petition shall set forth: (a) the description of the
2territory comprising the district sought to be dissolved; (b)
3that no legal voters reside within such district; (c) that
4there is no outstanding bonded indebtedness; and (d) that
5adequate fire protection is reasonably available to all
6affected property without maintaining the district; and (e) a
7response-time study has been conducted that shows, at a
8minimum, estimated response times from the fire protection
9district to the territory and estimated response times to that
10territory after closure of the fire station.
11    Upon filing the petition, the provisions of Section 21
12concerning a hearing, notice thereof and the filing of
13objections shall apply. If the court finds that any of the
14conditions set forth in the petition as required herein do not
15exist, it shall enter an order dismissing the petition. If the
16court finds that all of the conditions set forth in the
17petition as required herein exist, it shall enter an
18appropriate order to dissolve the district.
19    Any assets remaining after settlement of all district
20affairs shall be turned over to the county in which the
21district lies and if the district lies in more than one county
22the share of each shall be in the same proportion as the
23percentage of district land lying in such county, except that
24real estate shall become the property of the county in which it
25is located.
26    The circuit clerk shall transmit a certified copy of each

 

 

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1order dissolving a district to the county clerk of each county
2in which any of the territory is situated, the State Fire
3Marshal 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
7station or district. Before a fire station of a fire
8protection district may close or the district be dissolved, a
9response-time study must be conducted that shows, at a
10minimum, estimated response times to the territory currently
11served by the fire station or district and estimated response
12times to that territory after closure of the fire station or
13district.