093_HB1267enr

 
HB1267 Enrolled                      LRB093 06466 BDD 06589 b

 1        AN ACT concerning fire protection.

 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
 5    by changing Section 3.2 as follows:

 6        (70 ILCS 705/3.2) (from Ch. 127 1/2, par. 23.2)
 7        Sec.   3.2.  Annexation   of   surrounded  unincorporated
 8    territory under 60 acres.
 9        (a)  Unincorporated territory containing 60 acres or less
10    that is wholly bounded by (i) one  or  more  fire  protection
11    districts, (ii) one or more fire protection districts and one
12    or  more municipalities that provide fire protection services
13    within those  municipalities,  or  (iii)  one  or  more  fire
14    protection districts, one or more municipalities that provide
15    fire  protection  services within those municipalities, and a
16    forest preserve district, may be annexed by a fire protection
17    district by which the territory is bounded  in  whole  or  in
18    part.   The  annexation  shall be accomplished by passing  an
19    ordinance to that effect after notice is given as provided in
20    this Section.  For purposes of this  Section,  "municipality"
21    is  defined  as  in  Section  1-1-2 of the Illinois Municipal
22    Code.
23        (b)  The  board  of  trustees  of   the   annexing   fire
24    protection  district  shall  publish  notice  of the proposed
25    annexation  once,  at  least  10  days  before  passing   the
26    annexation  ordinance,  in a newspaper of general circulation
27    within the territory to be  annexed.   In  addition,  if  the
28    territory  to  be  annexed  lies wholly or partially within a
29    township other than a township in which the  fire  protection
30    district is situated, the fire protection district shall give
31    written  notice  of the proposed annexation, at least 10 days
 
HB1267 Enrolled             -2-      LRB093 06466 BDD 06589 b
 1    before passing the annexation ordinance, to the supervisor of
 2    that township in which the territory to be annexed lies.  The
 3    notice published or given under this subsection shall include
 4    a description of the territory to be annexed and the time and
 5    place of the meeting at which the annexation ordinance is  to
 6    be voted on by the board of trustees.
 7        (c)  The   annexation   ordinance   shall   describe  the
 8    territory to be annexed.  A certified copy of the  ordinance,
 9    together with an accurate map of the territory to be annexed,
10    shall  be  filed  with  the  clerk of the county in which the
11    territory to be annexed lies and with the State Fire Marshal.
12        (d)  (Blank.) No annexation under this Section shall take
13    effect unless the annexation has been  first  approved  by  a
14    majority  of  the  electors  residing  in the territory to be
15    annexed and voting on the question at a referendum  conducted
16    in accordance with the Election Code.
17        (e)  Nothing  in  this  Section  shall  be  construed  as
18    permitting a fire protection district to annex territory of a
19    forest  preserve  district  in  a county with a population of
20    3,000,000 or more without obtaining the consent of the forest
21    preserve district under Section 8.3 of the Cook County Forest
22    Preserve District Act.
23    (Source: P.A. 87-1253.)