Full Text of HB4418 98th General Assembly
HB4418ham001 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/4/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4418
| 2 | | AMENDMENT NO. ______. Amend House Bill 4418 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | adding 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 owns, operates, or maintains | 9 | | any fire department or departments, that city or village may | 10 | | not cease the operation and maintenance of that fire department | 11 | | or those fire departments unless the proposed cessation is | 12 | | first submitted by referendum to the voters of the city or | 13 | | village as provided by subsection (b) of Section 15 of the Fire | 14 | | Protection District Act. | 15 | | Section 10. The Fire Protection District Act is amended by |
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| 1 | | changing Section 11b and by adding Section 15b as follows:
| 2 | | (70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
| 3 | | Sec. 11b.
In case any fire protection district organized | 4 | | hereunder is
coterminous with or includes within its corporate | 5 | | limits in whole or in
part any city, village or incorporated | 6 | | town authorized to provide
protection from fire and to regulate | 7 | | the prevention and control of fire
within such city, village or | 8 | | incorporated town and to levy taxes for any
such purposes, then | 9 | | such city, village or incorporated town shall not
exercise any | 10 | | such powers as necessarily conflict with the powers to be
| 11 | | exercised by such district in respect to such fire protection | 12 | | and
regulation within the fire protection district from and | 13 | | after the date
that it receives written notice from the State | 14 | | Fire Marshal
to cease or refrain from the operation of any fire
| 15 | | protection facilities and the exercise of such powers, which | 16 | | notice
shall be given only after the State Fire Marshal
has | 17 | | ascertained that the Fire Protection District has placed
its | 18 | | fire protection facilities in operation. Such city, village or
| 19 | | incorporated town shall not thereafter own, operate, maintain, | 20 | | manage,
control or have an interest in any fire protection | 21 | | facilities located
within the corporate limits of the fire | 22 | | protection district, except
water mains and hydrants and except | 23 | | as otherwise provided in this Act. Where any city, village, or
| 24 | | incorporated town is in fact owning, operating, and maintaining | 25 | | a fire department or fire departments located in whole or in |
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| 1 | | part within or adjacent to
the corporate limits of a fire | 2 | | protection district organized under this Act, such city, | 3 | | village,
or incorporated town shall not cease operating and | 4 | | maintaining the fire department or departments unless such | 5 | | proposed cessation of services is first submitted by
referendum | 6 | | to voters, as provided by subsection (b) of Section 15 of this | 7 | | Act. In addition, where any city,
village, or incorporated town | 8 | | is in fact owning, operating, and maintaining a fire department | 9 | | or fire departments located within the corporate limits of a | 10 | | fire protection district organized under
this Act, such city, | 11 | | village, or incorporated town
The State Fire Marshal, upon | 12 | | request of the
Board of Trustees of any Fire Protection | 13 | | District, shall ascertain
whether the District's fire | 14 | | protection facilities are in operation so
that it may supersede | 15 | | the power of any city, village or incorporated
town to operate | 16 | | fire protection facilities within the boundaries of the
| 17 | | District. Where in case any city, village or incorporated town | 18 | | is in
fact owning, operating and maintaining fire protection | 19 | | facilities
located within the corporate limits of a fire | 20 | | protection district
organized under this Act, such city, | 21 | | village or incorporated town shall
be paid and reimbursed for | 22 | | its actual expenditures and for all existing
obligations | 23 | | incurred, including all pension and annuity plans applicable
to | 24 | | the maintenance of fire protection facilities theretofore made | 25 | | in
establishing such facilities and in acquiring, | 26 | | constructing, improving
or developing any such existing |
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| 1 | | facilities in the manner provided for by
this Act. The terms of | 2 | | payment shall provide for reimbursement in full
within not less | 3 | | than 20 years from the date of such agreement.
| 4 | | (Source: P.A. 80-147.)
| 5 | | (70 ILCS 705/15b new) | 6 | | Sec. 15b. Petition to cease operations; referendum. | 7 | | (a) Any local unit of government operating a fire | 8 | | department organized under the provisions of the Municipal Code | 9 | | may cease the operation and maintenance of those fire | 10 | | department or fire departments by submitting a referendum to | 11 | | the voters served by the fire department or departments. The | 12 | | referendum proposing the dissolution of the fire department or | 13 | | departments shall be conducted in a manner that is consistent | 14 | | with the requirements provided by subsection (a) of this | 15 | | Section, except that the ballot for such election shall be in | 16 | | substantially the following form: | 17 | | -------------------------------------------------------------
| 18 | | Shall the (name of fire
| 19 | | department) serving the citizens within YES
| 20 | | (list local unit(s) of government) cease ----------------
| 21 | | to provide emergency services and be NO
| 22 | | dissolved and discontinued?
| 23 | | ------------------------------------------------------------- | 24 | | If a majority of the votes cast on the question are in | 25 | | favor of such dissolution, the court shall enter an order |
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| 1 | | discontinuing the fire department or departments. | 2 | | The rights of the employees of the dissolved fire | 3 | | department or departments provided by the Personnel Code, any | 4 | | applicable collective bargaining agreements, or under any | 5 | | pension, retirement, or annuity plan shall not be affected by | 6 | | this amendatory Act of the 98th General Assembly. | 7 | | (b) A municipality that is a home rule or non-home rule | 8 | | unit may not dissolve a fire department or fire departments in | 9 | | a manner that is inconsistent with this Section. This Section | 10 | | is a limitation under subsection (i) of Section 6 of Article | 11 | | VII of the Illinois Constitution on the concurrent exercise by | 12 | | home rule units of the powers and functions exercised by the | 13 | | State. | 14 | | Section 90. The State Mandates Act is amended by adding | 15 | | Section 8.38 as follows: | 16 | | (30 ILCS 805/8.38 new) | 17 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 | | of this Act, no reimbursement by the State is required for the | 19 | | implementation of any mandate created by this amendatory Act of | 20 | | the 98th General Assembly. ".
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