Full Text of HB4418 98th General Assembly
HB4418eng 98TH 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 Illinois Municipal Code is amended by adding | 5 | | Section 10-4-12 as follows: | 6 | | (65 ILCS 5/10-4-12 new) | 7 | | Sec. 10-4-12. Cessation of existing municipal fire | 8 | | departments.
If a city or village with 500 or more residents | 9 | | owns, operates, or maintains any fire department or | 10 | | departments, that city or village may not cease the operation | 11 | | and maintenance of that fire department or those fire | 12 | | departments unless the proposed cessation is first submitted by | 13 | | referendum to the voters of the city or village as provided by | 14 | | Section 15b of the Fire Protection District Act. | 15 | | Section 10. The Fire Protection District Act is amended by | 16 | | changing Section 11b and by adding Section 15b as follows:
| 17 | | (70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
| 18 | | Sec. 11b.
In case any fire protection district organized | 19 | | hereunder is
coterminous with or includes within its corporate | 20 | | limits in whole or in
part any city, village or incorporated | 21 | | town authorized to provide
protection from fire and to regulate |
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| 1 | | the prevention and control of fire
within such city, village or | 2 | | incorporated town and to levy taxes for any
such purposes, then | 3 | | such city, village or incorporated town shall not
exercise any | 4 | | such powers as necessarily conflict with the powers to be
| 5 | | exercised by such district in respect to such fire protection | 6 | | and
regulation within the fire protection district from and | 7 | | after the date
that it receives written notice from the State | 8 | | Fire Marshal
to cease or refrain from the operation of any fire
| 9 | | protection facilities and the exercise of such powers, which | 10 | | notice
shall be given only after the State Fire Marshal
has | 11 | | ascertained that the Fire Protection District has placed
its | 12 | | fire protection facilities in operation. Such city, village or
| 13 | | incorporated town shall not thereafter own, operate, maintain, | 14 | | manage,
control or have an interest in any fire protection | 15 | | facilities located
within the corporate limits of the fire | 16 | | protection district, except
water mains and hydrants and except | 17 | | as otherwise provided in this Act. Where any city, village, or
| 18 | | incorporated town with 500 or mre residents is in fact owning, | 19 | | operating, and maintaining a fire department or fire | 20 | | departments located in whole or in part within or adjacent to
| 21 | | the corporate limits of a fire protection district organized | 22 | | under this Act, such city, village,
or incorporated town shall | 23 | | not cease operating and maintaining the fire department or | 24 | | departments unless such proposed cessation of services is first | 25 | | submitted by
referendum to voters, as provided by Section 15b | 26 | | of this Act. In addition, where any city,
village, or |
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| 1 | | incorporated town is in fact owning, operating, and maintaining | 2 | | a fire department or fire departments located within the | 3 | | corporate limits of a fire protection district organized under
| 4 | | this Act, such city, village, or incorporated town
The State | 5 | | Fire Marshal, upon request of the
Board of Trustees of any Fire | 6 | | Protection District, shall ascertain
whether the District's | 7 | | fire protection facilities are in operation so
that it may | 8 | | supersede the power of any city, village or incorporated
town | 9 | | to operate fire protection facilities within the boundaries of | 10 | | the
District. Where in case any city, village or incorporated | 11 | | town is in
fact owning, operating and maintaining fire | 12 | | protection facilities
located within the corporate limits of a | 13 | | fire protection district
organized under this Act, such city, | 14 | | village or incorporated town shall
be paid and reimbursed for | 15 | | its actual expenditures and for all existing
obligations | 16 | | incurred, including all pension and annuity plans applicable
to | 17 | | the maintenance of fire protection facilities theretofore made | 18 | | in
establishing such facilities and in acquiring, | 19 | | constructing, improving
or developing any such existing | 20 | | facilities in the manner provided for by
this Act. The terms of | 21 | | payment shall provide for reimbursement in full
within not less | 22 | | than 20 years from the date of such agreement.
| 23 | | (Source: P.A. 80-147.)
| 24 | | (70 ILCS 705/15b new) | 25 | | Sec. 15b. Petition to cease operations; referendum. |
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| 1 | | (a) Any local unit of government serving 500 or more | 2 | | residents operating a fire department organized under the | 3 | | provisions of the Municipal Code may cease the operation and | 4 | | maintenance of the fire department or fire departments by | 5 | | submitting a referendum to the voters served by the fire | 6 | | department or departments. The referendum proposing the | 7 | | dissolution of the fire department or departments shall be | 8 | | conducted in a manner that is consistent with the requirements | 9 | | provided by subsection (a) of this Section, except that the | 10 | | ballot for such election shall be in substantially the | 11 | | following form: | 12 | | ------------------------------------------------------------- | 13 | | Shall the (name of fire | 14 | | department) serving the citizens with YES | 15 | | (list local unit(s) of government) cease ------------------------------------------------------------- | 16 | | to provide emergency services and be NO | 17 | | dissolved and discontinued? | 18 | | ------------------------------------------------------------- | 19 | | If a majority of the votes cast on the question are in | 20 | | favor of such dissolution, the court shall enter an order | 21 | | discontinuing the fire department or departments. | 22 | | The rights of the employees of the dissolved fire | 23 | | department or departments provided by the Personnel Code, any | 24 | | applicable collective bargaining agreements, or under any | 25 | | pension, retirement, or annuity plan shall not be affected by | 26 | | this amendatory Act of the 98th General Assembly. |
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| 1 | | (b) A municipality that is a home rule or non-home rule | 2 | | unit may not dissolve a fire department or fire departments in | 3 | | a manner that is inconsistent with this Section. This Section | 4 | | is a limitation under subsection (i) of Section 6 of Article | 5 | | VII of the Illinois Constitution on the concurrent exercise by | 6 | | home rule units of the powers and functions exercised by the | 7 | | State. | 8 | | Section 90. The State Mandates Act is amended by adding | 9 | | Section 8.38 as follows: | 10 | | (30 ILCS 805/8.38 new) | 11 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | 12 | | of this Act, no reimbursement by the State is required for the | 13 | | implementation of any mandate created by this amendatory Act of | 14 | | the 98th General Assembly. |
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