Full Text of HB4960 94th General Assembly
HB4960enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fire Protection District Act is amended by | 5 |
| changing Section 16 as follows:
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| (70 ILCS 705/16) (from Ch. 127 1/2, par. 37)
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| Sec. 16. Territory included within the limits of any fire | 8 |
| protection district
may be disconnected from the district and | 9 |
| added to another district to which
the territory is contiguous, | 10 |
| in the manner hereinafter set forth; (1) if
the territory would | 11 |
| receive equal or greater benefits from the district
to which it | 12 |
| seeks to be transferred; (2) if the transfer will not cause
the | 13 |
| territory remaining in the district from which the transfer is | 14 |
| to be
made, to be noncontiguous; (3) if the transfer will not | 15 |
| cause a serious
injury to the district from which the transfer | 16 |
| is to be made; and, (4)
if the trustees of the district to | 17 |
| which the transfer is sought to be made
do not file a written | 18 |
| refusal to accept the territory within the time hereinafter
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| provided.
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| Territory disconnected pursuant to this Section shall | 21 |
| remain liable for
its proportionate share of the bonded | 22 |
| indebtedness outstanding as of the
date of disconnection, if | 23 |
| any, of the district from which it was disconnected
and shall | 24 |
| assume a proportionate share of the bonded indebtedness, if | 25 |
| any,
of the district to which it is transferred.
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| One per cent or more of the legal voters residing within | 27 |
| the limits of
the territory proposed to be transferred may file | 28 |
| a petition, in the court
of the county where the district to | 29 |
| which it seeks to be transferred is
organized, setting forth: | 30 |
| the description of the territory sought to be
transferred; that | 31 |
| the territory would receive equal or greater benefits
by the | 32 |
| transfer; that the transfer will not cause a serious injury to |
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| the
district or districts from which the transfer is proposed | 2 |
| to be made; and
the amount of any outstanding bonded | 3 |
| indebtedness against the district or
districts in which the | 4 |
| territory is then situated which has been incurred
pursuant to | 5 |
| this Act; and praying that the question whether the transfer
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| shall be made, and whether the voters of such territory shall | 7 |
| remain liable
for a proportionate share of the bonded | 8 |
| indebtedness outstanding as of the
date of disconnection, if | 9 |
| any, of the district from which it was disconnected
and also | 10 |
| assume a proportionate share of the bonded indebtedness, if | 11 |
| any,
of the district to which the transfer is to be made, be | 12 |
| submitted to the
voters of the territory sought to be | 13 |
| transferred.
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| Upon the filing of the petition, the court shall set a day | 15 |
| for hearing,
not less than 2 weeks nor more than 4 weeks from | 16 |
| the filing thereof, and
the court, or the circuit clerk or | 17 |
| sheriff upon order of the court, (i) shall
give 2 weeks notice | 18 |
| of such hearing in one or more daily or weekly newspapers
of | 19 |
| general circulation in the county or in each county wherein the | 20 |
| district
or districts from which the territory sought to be | 21 |
| transferred is organized
and by posting at least 10 copies of | 22 |
| the notice in conspicuous places in
the district or in each of | 23 |
| the districts from which the territory is sought
to be | 24 |
| transferred, (ii) shall cause a copy of the notice to be | 25 |
| personally served upon each trustee of the district from which | 26 |
| the transfer is sought to be made, and (iii) in addition shall | 27 |
| cause a copy of the notice to be
personally served upon each of | 28 |
| the trustees of the district to which the
transfer is sought to | 29 |
| be made at least one week before the date set for
the hearing, | 30 |
| and in the notice, or in any accompanying notice to be served
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| upon the Trustees at the same time, a recital shall be made | 32 |
| stating that
the Trustees may at any time prior to the date of | 33 |
| the hearing, or within
such additional time as may be granted | 34 |
| by the court upon request in writing
filed on or before such | 35 |
| date, file a written refusal to accept the territory
as a part | 36 |
| of their district, provided, that such notification need not be
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| given to the trustees if they file in the proceeding their | 2 |
| written appearances
or written consent to a transfer of the | 3 |
| territory to their district. Both the fire protection district | 4 |
| from which the territory seeks to be transferred and the fire | 5 |
| protection district to which the territory seeks to be | 6 |
| transferred are necessary parties in any action to disconnect | 7 |
| under this Section.
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| At any time prior to the date set for the hearing, or | 9 |
| within such additional
time as may be granted by the court, the | 10 |
| trustees of the district to which
the transfer is sought to be | 11 |
| made may file a written refusal to accept the
territory as a | 12 |
| part of their district and in case of such refusal the court
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| shall enter an order dismissing the petition for the transfer. | 14 |
| The trustees
may withdraw their refusal at any time prior to | 15 |
| the entry of an order dismissing
the petition. In case the | 16 |
| trustees fail to file a written refusal within
the time | 17 |
| hereinbefore authorized, they shall be deemed to have consented
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| to a transfer of the territory to their district, and consent | 19 |
| once given
may not be withdrawn without leave of court for good | 20 |
| cause shown. In case
of such consent, the court shall proceed | 21 |
| with the matter as herein provided
but if the court finds that | 22 |
| any of the conditions herein required for the
making of a | 23 |
| transfer do not exist it shall enter an order dismissing the
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| petition. In taking any action upon the petition the findings | 25 |
| of the court
shall be filed of record in the case.
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| All property owners in the district from which the transfer | 27 |
| is sought and
all persons interested therein, may file | 28 |
| objections, and at the hearing
may appear and contest the | 29 |
| transfer and the matters averred in the petition,
and both | 30 |
| objectors and petitioners may offer any competent evidence in | 31 |
| regard
thereto. In addition, all persons residing in or | 32 |
| interested in any of the
property situated in the territory | 33 |
| sought to be transferred shall have an
opportunity to be heard | 34 |
| touching the location and boundary of the territory
to be voted | 35 |
| upon for such transfer, and may make suggestions regarding the | 36 |
| same.
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| If the court shall, upon hearing the petition, find that | 2 |
| the territory
described in the petition would receive equal or | 3 |
| greater benefits by being
so transferred and meet the | 4 |
| conditions hereinbefore set forth, it shall
certify to the | 5 |
| proper election officials the question of whether the territory
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| shall be transferred,
and its order, and such officials shall | 7 |
| submit that question at an election
in such territory in | 8 |
| accordance with the general election law. The proposition
shall | 9 |
| be in substantially the following form:
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| For making the transfer from the
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| ..... Fire Protection District to the
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| ..... Fire Protection District, remaining
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| liable for a proportionate share of the
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| bonded indebtedness outstanding as of the
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| date of disconnection, if any, of the district
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| from which disconnection is proposed and also
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| assuming a proportionate share of the bonded
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| indebtedness, if any, of the district
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| to which transfer is proposed.
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| -------------------------------------------------------------
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| Against making the transfer from the
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| ..... Fire Protection District to the
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| ..... Fire Protection District, remaining
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| liable for a proportionate share of the
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| bonded indebtedness outstanding as of the
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| date of disconnection, if any, of the district
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| from which disconnection is proposed and also
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| assuming a proportionate share of the bonded
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| indebtedness, if any, of the district
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| to which transfer is proposed.
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| -------------------------------------------------------------
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| If a majority of the votes cast upon the question of making | 34 |
| the transfer
shall be in favor of the transfer, the territory | 35 |
| shall thenceforth cease
to be a part of the fire protection | 36 |
| district or districts to which it has
been attached and shall |
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| become an integral part of the fire protection district
to | 2 |
| which the transfer shall have been sought and shall be subject | 3 |
| to all
the enjoyments and responsibilities of the latter | 4 |
| district. In each case
in which a transfer is effected pursuant | 5 |
| to the provisions
hereof, the circuit clerk in whose court the | 6 |
| transfer proceedings have been conducted,
shall certify copies | 7 |
| of all orders entered in effecting such transfer and
file or | 8 |
| send them to the proper county clerk or clerks for filing and | 9 |
| to
the Office of the State Fire Marshal.
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| (Source: P.A. 85-556 .)
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| Section 90. The State Mandates Act is amended by adding | 12 |
| Section 8.30 as
follows:
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| (30 ILCS 805/8.30 new)
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| Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 | 15 |
| of this
Act, no reimbursement by the State is required for the | 16 |
| implementation of
any mandate created by this amendatory Act of | 17 |
| the 94th General Assembly.
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