Full Text of SB1456 98th General Assembly
SB1456ham002 98TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 5/8/2013
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| 1 | | AMENDMENT TO SENATE BILL 1456
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1456, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 1, as follows: | 5 | | on page 1, in line 4, by replacing "Section 5." with the | 6 | | following:
| 7 | | "Section 3. The Illinois Municipal Code is amended by | 8 | | adding Section 10-4-12 as follows: | 9 | | (65 ILCS 5/10-4-12 new) | 10 | | Sec. 10-4-12. Cessation of existing municipal fire | 11 | | protection or advanced life support services operations.
If a | 12 | | city or village owns, operates, or maintains any fire | 13 | | protection or advanced life support services facility, that | 14 | | city or village may not cease the operation and maintenance of | 15 | | these facilities unless the proposed cessation is first |
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| 1 | | submitted by referendum to the voters of the city or village as | 2 | | provided by subsection (b) of Section 15 of the Fire Protection | 3 | | District Act. | 4 | | Section 5."; and | 5 | | on page 1, in line 5, by replacing "Section 16.03" with | 6 | | "Sections 11b and 16.03 and by adding Section 15b"; and | 7 | | on page 1, immediately below line 5, by inserting the | 8 | | following:
| 9 | | "(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
| 10 | | Sec. 11b.
In case any fire protection district organized | 11 | | hereunder is
coterminous with or includes within its corporate | 12 | | limits in whole or in
part any city, village or incorporated | 13 | | town authorized to provide
protection from fire and to regulate | 14 | | the prevention and control of fire
within such city, village or | 15 | | incorporated town and to levy taxes for any
such purposes, then | 16 | | such city, village or incorporated town shall not
exercise any | 17 | | such powers as necessarily conflict with the powers to be
| 18 | | exercised by such district in respect to such fire protection | 19 | | and
regulation within the fire protection district from and | 20 | | after the date
that it receives written notice from the State | 21 | | Fire Marshal
to cease or refrain from the operation of any fire
| 22 | | protection facilities and the exercise of such powers, which |
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| 1 | | notice
shall be given only after the State Fire Marshal
has | 2 | | ascertained that the Fire Protection District has placed
its | 3 | | fire protection facilities in operation. Such city, village or
| 4 | | incorporated town shall not thereafter own, operate, maintain, | 5 | | manage,
control or have an interest in any fire protection | 6 | | facilities located
within the corporate limits of the fire | 7 | | protection district, except
water mains and hydrants and except | 8 | | as otherwise provided in this Act. If a city or village owns, | 9 | | operates, or maintains any fire protection or advanced life | 10 | | support services facility that is located in whole or in part | 11 | | within or adjacent to the corporate limits of a fire protection | 12 | | district organized under this Act, that city or village shall | 13 | | not cease the operation and maintenance of these facilities | 14 | | unless the proposed cessation is first submitted by referendum | 15 | | to the voters of the city or village as provided by subsection | 16 | | (b) of Section 15 of the Fire Protection District Act. If any | 17 | | city or village owns, operates, or maintains any fire | 18 | | protection facilities located within the corporate limits of a | 19 | | fire protection district organized under this Act, that city or | 20 | | village
The State Fire Marshal, upon request of the
Board of | 21 | | Trustees of any Fire Protection District, shall ascertain
| 22 | | whether the District's fire protection facilities are in | 23 | | operation so
that it may supersede the power of any city, | 24 | | village or incorporated
town to operate fire protection | 25 | | facilities within the boundaries of the
District. Where in case | 26 | | any city, village or incorporated town is in
fact owning, |
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| 1 | | operating and maintaining fire protection facilities
located | 2 | | within the corporate limits of a fire protection district
| 3 | | organized under this Act, such city, village or incorporated | 4 | | town shall
be paid and reimbursed for its actual expenditures | 5 | | and for all existing
obligations incurred, including all | 6 | | pension and annuity plans applicable
to the maintenance of fire | 7 | | protection facilities theretofore made in
establishing such | 8 | | facilities and in acquiring, constructing, improving
or | 9 | | developing any such existing facilities in the manner provided | 10 | | for by
this Act. The terms of payment shall provide for | 11 | | reimbursement in full
within not less than 20 years from the | 12 | | date of such agreement.
| 13 | | (Source: P.A. 80-147.)
| 14 | | (70 ILCS 705/15b new) | 15 | | Sec. 15b. Petition to cease operations; referendum; | 16 | | transfer. | 17 | | (a) Any fire department organized under the provisions of | 18 | | the Municipal Code may cease the operation and maintenance of | 19 | | fire protection and advanced life support services, | 20 | | operations, and facilities by submitting a referendum to the | 21 | | voters served by the fire department proposing to either | 22 | | consolidate its services, operations, and facilities with an | 23 | | existing fire protection district or by organizing a new | 24 | | district in accordance with the procedures set forth under this | 25 | | Act. |
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| 1 | | If the proposition involves consolidation of exiting fire | 2 | | protection districts, the question shall be in substantially | 3 | | the following form: | 4 | | -
| 5 | | Shall the services, operations,
| 6 | | and facilities provided by (name of fire
| 7 | | department) be discontinued and its YES
| 8 | | services, operations, facilities, duties, --------------------
| 9 | | powers, assets, liabilities, obligations, and NO
| 10 | | responsibilities be assumed by (name of Fire
| 11 | | Protection District)?
| 12 | | ------------------------------------------------------------- | 13 | | If the proposition involves consolidation of exiting fire | 14 | | protection districts, the question shall be in substantially | 15 | | the following form: | 16 | | -
| 17 | | Shall the services, operations,
| 18 | | and facilities provided by (name of YES
| 19 | | fire department) be discontinued and -------------------------
| 20 | | assumed by organizing a new fire NO
| 21 | | protection district named (name of new
| 22 | | fire protection district)?
| 23 | | ------------------------------------------------------------- | 24 | | If a majority of the votes cast on the question are in | 25 | | favor of discontinuance, the court shall enter an order | 26 | | discontinuing the fire department. On the date that the court |
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| 1 | | order is entered discontinuing the fire department, all the | 2 | | services, operations, facilities, rights, powers, duties,
| 3 | | assets, property, liabilities, obligations, and
| 4 | | responsibilities of the fire department shall be transferred by | 5 | | the corporate authorities of the municipality and, by operation | 6 | | of law, vest
in and be assumed the fire protection district | 7 | | designated by the referendum. | 8 | | All employees of the dissolved fire department shall be | 9 | | transferred to the fire protection district designated by the | 10 | | referendum. The status and rights of such employees under the | 11 | | Personnel Code shall not be affected by the transfer. The | 12 | | rights of the employees and the State of Illinois and its | 13 | | agencies under the Personnel Code and applicable collective | 14 | | bargaining agreements or under any pension, retirement, or | 15 | | annuity plan shall not be affected by this amendatory Act of | 16 | | the 98th General Assembly. | 17 | | All books, records, papers, documents, property (real and | 18 | | personal), contracts, causes of action, and pending business | 19 | | pertaining to the powers, duties, rights, and responsibilities | 20 | | transferred by this amendatory Act of the 98th General | 21 | | Assembly, including, but not limited to, material in electronic | 22 | | or magnetic format and necessary computer hardware and | 23 | | software, shall be transferred to the fire protection district | 24 | | designated by the referendum. ".
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