Full Text of SB1681 98th General Assembly
SB1681sam002 98TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1681
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1681, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Unified Fire Protection District Act. | 7 | | Section 5. Purpose and creation. | 8 | | (a) Purpose. The General Assembly finds the consolidation | 9 | | of fire protection services on a regional basis provided by | 10 | | fire departments throughout the State of Illinois to be an | 11 | | economic benefit. Therefore, this Act establishes procedures | 12 | | for the creation of Unified Fire Protection Districts that | 13 | | encompass wider service areas by combining existing fire | 14 | | departments and extending service areas of these departments | 15 | | into under-served geographic areas. It is the expressed intent | 16 | | of the General Assembly that Unified Fire Protection Districts |
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| 1 | | shall achieve a net savings in the cost of providing fire | 2 | | protection services, emergency medical services, and related | 3 | | services in the expanded service area by reducing and | 4 | | eliminating costs including, but not limited to, duplicative or | 5 | | excessive administrative and operational services, equipment, | 6 | | facilities, and capital expenditures, without a reduction in | 7 | | the quality or level of these services. | 8 | | (b) Creation. A Unified Fire Protection District may be | 9 | | formed by: | 10 | | (1) filing voter-initiated petitions for the purposes | 11 | | of integrating existing service areas of contiguous units | 12 | | of local government to achieve the purposes of this Act; or | 13 | | (2) entering into intergovernmental agreements made by | 14 | | and among existing units of local government providing fire | 15 | | protection services, if these agreements are approved by a | 16 | | voter referendum should a petition for such referendum be | 17 | | initiated by voters of any affected individual unit of | 18 | | government in accordance with the procedures of this Act.
| 19 | | Section 10. Definitions. The definitions in this Section | 20 | | apply throughout this Act unless the context clearly requires | 21 | | otherwise: | 22 | | "Board" means the governing body of a Unified Fire | 23 | | Protection District. | 24 | | "Fire protection jurisdiction" means a fire protection | 25 | | district, municipal fire department, or service organized |
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| 1 | | under Section 5-1056.1 of the Counties Code, Sections 195 and | 2 | | 200 of the Illinois Township Code, Section 10-2.1 of the | 3 | | Illinois Municipal Code, or the Illinois Fire Protection | 4 | | District Act. | 5 | | "Intergovernmental Authority" means the governing bodies | 6 | | of 2 or more adjacent fire protection jurisdictions that meet | 7 | | for the limited purpose of creating a Unified Fire Protection | 8 | | District without referendum approval in accordance with the | 9 | | provisions of this Act. | 10 | | "Joint Committee" means the group consisting of the parties | 11 | | appointed by the Court in accordance with the procedures of | 12 | | this Act after a petition has been filed to create a Unified | 13 | | Fire Protection District. The Joint Committee meets for the | 14 | | limited purpose of negotiating the terms of an | 15 | | intergovernmental agreement to create a Unified Fire | 16 | | Protection District. | 17 | | "Plan" means a plan developed by a Planning Committee or | 18 | | the parties pursuant to a petition to create a Unified Fire | 19 | | Protection District for a particular geographic area. These | 20 | | plans shall cover the financing of a District project or | 21 | | projects including, but not limited to, specific capital | 22 | | projects, maintaining the quality and level of fire operations | 23 | | and emergency service operations, and the preservation and | 24 | | maintenance of existing or future facilities. | 25 | | "Property Tax" or "Tax" has the same meaning as the term | 26 | | "Tax", as defined in Section 1-145 of the Property Tax Code. |
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| 1 | | "Planning Committee" means the advisory committee created | 2 | | under Sections 4.01 and 4.02 of the Fire Protection District | 3 | | Act to facilitate the combination of fire protection services | 4 | | and create Unified Fire Protection Districts to achieve the | 5 | | purposes of this Act.
| 6 | | "Special Mediator" means an individual who possesses the | 7 | | qualifications specified in this Act and shall facilitate the | 8 | | negotiation of an intergovernmental agreement to create a | 9 | | Unified Fire Protection District. | 10 | | "Unified Fire Protection District" or "District" means a | 11 | | county, municipal corporation, fire protection district, | 12 | | township, or unit of local government, as defined under the | 13 | | meaning of Article VII, Section 1 of the Illinois State | 14 | | Constitution, that has boundaries that are coextensive with 2 | 15 | | or more adjacent fire protection jurisdictions and has been | 16 | | created by either a referendum under this Act, or by agreement | 17 | | under Article VII of Section 10 of the Illinois Constitution, | 18 | | the Illinois Intergovernmental Cooperation Act, and the | 19 | | provisions of this Act.
| 20 | | Section 15. Elections and referenda. If a referendum must | 21 | | be submitted under this Act for approval or rejection by the | 22 | | electors, the time and manner of conducting a referendum, | 23 | | including petition signature requirements, shall be in | 24 | | accordance with the general election law of the State. The | 25 | | creation of any Unified Fire Protection District by referendum |
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| 1 | | shall be secured by an intergovernmental agreement that | 2 | | includes terms that meet the standards set forth in Section 25 | 3 | | of this Act. | 4 | | Section 20. Notice to the Office of the State Fire Marshal. | 5 | | Whenever a county clerk or other election authority places upon | 6 | | a ballot the question of creating or altering a District, or | 7 | | upon recording of an intergovernmental agreement creating a | 8 | | District, the clerk or other election authority shall notify | 9 | | the Office of the State Fire Marshal that the proposition is to | 10 | | be put before the electorate or has been recorded, as | 11 | | appropriate. The notice shall be sent to the Office of the | 12 | | State Fire Marshal within 10 business days after the question | 13 | | is certified to the clerk or other election authority, or the | 14 | | intergovernmental agreement is recorded. | 15 | | Section 25. Creation of a District by petition and | 16 | | referendum.
| 17 | | (a) Petition. A Unified Fire Protection District may be | 18 | | formed upon petition signed by the lesser of: (i) at least 100 | 19 | | legal voters in each of the units of local government proposed | 20 | | to be unified; or (ii) 10% of the legal voters in each of the | 21 | | units of local government to be included in the Unified Fire | 22 | | Protection District. The petition shall be filed in the circuit | 23 | | court of the county in which the greater part of the land of | 24 | | the proposed Unified Fire Protection District shall be |
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| 1 | | situated. The petition shall set forth the names of the units | 2 | | of local government proposed to be included, the name of the | 3 | | proposed Unified Fire Protection District, the benefits of | 4 | | consolidating the units of local government within a Unified | 5 | | Fire Protection District, and whether the trustees shall be | 6 | | elected or appointed. Upon its filing, the petition shall be | 7 | | presented to the court, and the court shall fix the date and | 8 | | hour for a hearing.
| 9 | | (b) Notice of Hearing. Upon the filing of the petition, the | 10 | | court shall set a hearing date that is at least 4 weeks, but | 11 | | not more than 8 weeks, after the date the petition is filed. | 12 | | The court, or the clerk or sheriff upon order of the court, | 13 | | shall give notice 21 days before the hearing in one or more | 14 | | daily or weekly newspapers of general circulation in each | 15 | | county where an affected unit of local government is organized | 16 | | and by posting at least 10 copies of the notice in conspicuous | 17 | | places within the proposed District. The notice must describe | 18 | | the units of local government to be included and shall state | 19 | | that if the conditions required by this Section are met, then | 20 | | the proposition for the creation of the District shall be | 21 | | submitted to the voters of the units of local government in the | 22 | | proposed District by order of the court. | 23 | | (c) Hearing and referendum. To certify a question for | 24 | | referendum, the court must find that: (i) based upon a | 25 | | preponderance of the evidence, the representatives of each of | 26 | | the parties to the proposed District have executed an |
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| 1 | | intergovernmental agreement that includes terms that are in | 2 | | compliance with the requirement under subsection (d) of this | 3 | | Section; (ii) the terms of an agreed-upon intergovernmental | 4 | | agreement have been approved by the requisite governing bodies | 5 | | of each of the units of local government; and (iii) should the | 6 | | terms of an agreed-upon intergovernmental agreement change the | 7 | | terms of the collective bargaining agreement for a bargaining | 8 | | unit encompassed within the jurisdiction of the proposed | 9 | | Unified Fire Protection District, any affected collective | 10 | | bargaining units must also approve all such changes in the | 11 | | terms of the collective bargaining agreement. | 12 | | At the hearing, the court shall first determine whether the | 13 | | petition is supported by the required number of valid | 14 | | signatures of legal voters within the contiguous units of local | 15 | | government. | 16 | | (d) Joint Committee. If the petition is proper, then the | 17 | | court shall remand the matter to a Special Mediator who shall | 18 | | mediate the negotiations regarding the terms of an | 19 | | intergovernmental agreement by the members of the Joint | 20 | | Committee. The Special Mediator shall be a member of the bar of | 21 | | the State of Illinois or a member of the faculty of an | 22 | | accredited law school. The Special Mediator shall have | 23 | | practiced law for at least 7 years and be knowledgeable about | 24 | | municipal, labor, employment, and election law. The Special | 25 | | Mediator shall be free of any conflicts of interest. The | 26 | | Special Mediator shall have strong mediation skills and the |
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| 1 | | temperament and training to listen well, facilitate | 2 | | communication, and assist with negotiations. Special Mediators | 3 | | shall have sufficient experience and familiarity with | 4 | | municipal, labor, employment, and election law to provide a | 5 | | credible evaluation and assessment of relative positions. | 6 | | The Special Mediator assigned to mediate the Joint | 7 | | Committee's negotiations shall be selected by the members of | 8 | | the Joint Committee from a panel of 7 individuals provided by | 9 | | the Joint Labor Management Committee, as it is defined in | 10 | | Section 50 of the Fire Department Promotion Act. The panel | 11 | | shall be randomly selected by the Joint Labor Management | 12 | | Committee from a master list maintained by the Joint Labor | 13 | | Management Committee consisting of at least 14 qualified | 14 | | Special Mediators. If the members fail to agree, the court | 15 | | shall appoint the Special Mediator. | 16 | | The court shall allow appointments to the Joint Committee | 17 | | as follows:
| 18 | | (1) A representative of each unit of local government | 19 | | included within the proposed service area of the proposed | 20 | | District.
| 21 | | (2) A representative of each exclusive bargaining unit | 22 | | that is a party to a collective bargaining agreement with a | 23 | | fire protection jurisdiction within a unit of local | 24 | | government included within the proposed District. | 25 | | (3) A representative for the petitioners from each unit | 26 | | of local government included within the proposed District, |
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| 1 | | chosen from among the legal voters that signed the | 2 | | petition. | 3 | | (e) Joint Committee Negotiations. After remand, the | 4 | | Special Mediator shall schedule a meeting of the Joint | 5 | | Committee and facilitate the members in negotiating the terms | 6 | | of an intergovernmental agreement. The first order of business | 7 | | shall be to establish a financial baseline for the current | 8 | | costs of fire and emergency medical services provided by the | 9 | | units of local government party to the Joint Committee. To this | 10 | | end, each unit of local government party to the Joint Committee | 11 | | shall disclose to the Joint Committee the total aggregate | 12 | | expenditures it allocates for providing fire and emergency | 13 | | medical services. These expenditures shall include, but shall | 14 | | not be limited to, the following cost factors: (i) all expenses | 15 | | from the annual fund for the current fiscal year; and (ii) all | 16 | | costs, whether direct or indirect, paid from other funds, | 17 | | including, but not limited to, capital or building funds, | 18 | | pension funds, workers' compensation funds, health insurance | 19 | | funds, enterprise funds, and all other funds from which money | 20 | | is, or may be, paid or transferred to pay for the compensation | 21 | | or benefits for employees or persons assigned to provide fire | 22 | | or emergency medical services or related services, equipment, | 23 | | and buildings and their maintenance or operation and debt | 24 | | service for any expenditures related to these or related cost | 25 | | factors. | 26 | | The Special Mediator or the court, or both if necessary, |
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| 1 | | shall facilitate the computation and production of this | 2 | | financial baseline. The financial baseline shall serve as the | 3 | | predicate to: (i) the annual contributions to be made by each | 4 | | unit of local government to the costs of providing fire and | 5 | | emergency medical services to the service area established for | 6 | | the Unified Fire Protection District created by the | 7 | | Intergovernmental Agreement; and (ii) for the court's findings | 8 | | pursuant to items (1) and (4) of subsection (f) of this | 9 | | Section. | 10 | | The Joint Committee may take note or give due consideration | 11 | | to available resources, studies, and plans that may facilitate | 12 | | the resolution of issues relating to the terms of an agreement. | 13 | | Negotiations may continue for a period of 90 days or, if the | 14 | | court determines that additional time will facilitate | 15 | | agreement, longer. | 16 | | If no agreement is reached, the court shall dismiss the | 17 | | petition. If an agreement is reached, the court shall schedule | 18 | | an evidentiary hearing with notice to determine if the terms of | 19 | | the agreement are in compliance with the requirements of | 20 | | subsection (f) of this Section. | 21 | | An agreement shall be executed by at least 2 of the 3 Joint | 22 | | Committee representatives appointed by the court for each unit | 23 | | of local government included in the proposed District. If the | 24 | | agreement is executed by representatives of at least 2 units of | 25 | | local government included in the original petition, then the | 26 | | petition may proceed, provided that the agreement is executed |
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| 1 | | by at least 2 of 3 Joint Committee representatives within 2 or | 2 | | more units of local government included in the original | 3 | | petition. The units of local government that did not consent to | 4 | | inclusion shall be dismissed, and an amended petition on behalf | 5 | | of the consenting units shall be scheduled for an evidentiary | 6 | | hearing. | 7 | | The persons or entities, or their duly authorized | 8 | | representatives, that shall have standing to present evidence | 9 | | at the hearing are the petitioners, the units of local | 10 | | government that shall be included in the proposed District, and | 11 | | representatives of each exclusive bargaining unit that is a | 12 | | party to a collective bargaining agreement with a fire | 13 | | protection jurisdiction within a unit of local government | 14 | | included within the proposed District. | 15 | | If the court finds, by a preponderance of the evidence, | 16 | | that the petition is supported by a proper intergovernmental | 17 | | agreement, the court shall enter an order certifying the | 18 | | proposition to the proper election officials, who shall submit | 19 | | the question of the creation of the proposed District to the | 20 | | legal voters of each included unit of local government at the | 21 | | next election. Notice of the election shall be given and the | 22 | | election conducted in the manner provided by the general | 23 | | election law. The notice shall state the boundaries of the | 24 | | proposed District. | 25 | | The question shall be submitted in substantially the | 26 | | following form: |
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| 1 | | Shall the service areas of (names of existing units of | 2 | | local government to be combined) be combined to create the | 3 | | (name of the Unified Fire Protection District)? | 4 | | Responses shall be recorded as "Yes" or "No". | 5 | | A written statement of the election results shall be filed | 6 | | with the court. If, in each unit of local government included | 7 | | within the boundaries of the Unified Fire Protection District, | 8 | | a majority of the voters voting on the question favor the | 9 | | proposition, then the court shall issue an order stating that | 10 | | the Unified District has been approved. | 11 | | (f) Intergovernmental agreement; minimum standards of | 12 | | service. The terms of the intergovernmental agreement shall | 13 | | ensure that all of the following standards of service are met: | 14 | | (1) The formation of the District shall result in no | 15 | | net increase in the cost of fire protection services and | 16 | | emergency medical services to each unit of local government | 17 | | due to the reduction or elimination of
duplicative | 18 | | administrative costs, operational costs, equipment costs, | 19 | | or capital expenditures unless members of the Joint | 20 | | Committee can demonstrate that an increase in the cost to a | 21 | | participating unit of local government is justified by a | 22 | | corresponding increase in the level of services provided to | 23 | | a participating unit of local government under the terms of | 24 | | the intergovernmental agreement. | 25 | | (2) The formation of the District shall not increase | 26 | | the average response times in any included unit of local |
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| 1 | | government.
| 2 | | (3) Districts shall have no independent ability to levy | 3 | | taxes and shall rely on the fiscal support and | 4 | | contributions from component fire protection | 5 | | jurisdictions, as required under the terms of the | 6 | | intergovernmental agreement. | 7 | | (4) The District shall apply savings in operating costs | 8 | | as follows: A minimum of 50% of cost savings shall be | 9 | | contributed, pro rata, to the Firemen's Pension Fund of | 10 | | each included unit of local government as applicable. Those | 11 | | contributions shall be applied as a credit to reduce the | 12 | | unfunded accrued liability of the Fund, if one exists. If | 13 | | no unfunded accrued liabilities exist, the savings in | 14 | | operating costs shall be divided into equal amounts and | 15 | | applied to reduce the contributions otherwise required by | 16 | | the unit of local government and its firefighter employees | 17 | | under the Pension Code.
| 18 | | Section 30. Creation of a District by an Intergovernmental | 19 | | Authority. The governing bodies of 2 or more adjacent fire | 20 | | protection jurisdictions may commence and implement action to | 21 | | adopt a proposed Plan pursuant to Section 10 of Article VII of | 22 | | the Illinois Constitution and the Illinois Intergovernmental | 23 | | Cooperation Act and create a Unified Fire Protection District.
| 24 | | (a) The governing body of a fire protection jurisdiction | 25 | | seeking to implement and adopt a Plan under Section 50 of this |
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| 1 | | Act through an Intergovernmental Authority shall publish a | 2 | | written notice regarding their intentions and hold a public | 3 | | hearing.
| 4 | | If the fire protection jurisdiction is located entirely in | 5 | | one county, the notice shall be published in an English | 6 | | language newspaper of general circulation published in the fire | 7 | | protection jurisdiction, or, if no such newspaper exists, then | 8 | | in an English language newspaper of general circulation | 9 | | published in the county and having circulation in the fire | 10 | | protection jurisdiction. | 11 | | If the fire protection jurisdiction is located primarily in | 12 | | one county but extends into smaller portions of adjoining | 13 | | counties, the notice shall be published in a newspaper of | 14 | | general circulation published in the fire protection | 15 | | jurisdiction, or, if no such newspaper exists, then in a | 16 | | newspaper of general circulation published in each county in | 17 | | which any part of the fire protection jurisdiction is located. | 18 | | If the fire protection jurisdiction includes all or a large | 19 | | portion of two or more counties, the notice shall be published | 20 | | in a newspaper of general circulation published in each county | 21 | | in which any part of the fire protection jurisdiction is | 22 | | located.
| 23 | | The notice shall appear not more than 30 and no less than | 24 | | 10 days prior to the date of the public hearing.
| 25 | | (b) All hearings shall be open to the public. The corporate | 26 | | authorities of each participating fire protection jurisdiction |
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| 1 | | to an Intergovernmental Authority shall explain the reasons for | 2 | | the proposed creation of an Unified Fire Protection District | 3 | | and provide persons with an opportunity to present testimony | 4 | | within reasonable time limits, as determined by the corporate | 5 | | authorities of the affected fire protection jurisdictions.
| 6 | | (c) An Intergovernmental Authority, under the provisions | 7 | | of this Section, may on its own initiative, or shall upon | 8 | | receiving notice that a petition has been filed under Section | 9 | | 25 of this Act, convert the proposed District into a District | 10 | | formed by petition, subject to
approval by the affected voters | 11 | | in accordance with the procedures of this Act. | 12 | | (d) An Intergovernmental Authority, following each | 13 | | participating fire protection jurisdiction's approval and open | 14 | | hearing, shall adopt a Plan as set forth in Section 50 of this | 15 | | Act.
| 16 | | (e) Any participating fire protection
jurisdiction to an | 17 | | Intergovernmental Authority may withdraw upon 10 days written | 18 | | notice to all other fire protection jurisdictions that are | 19 | | members of the Intergovernmental Authority. An | 20 | | Intergovernmental Authority shall dissolve within 120 days of | 21 | | its first meeting should it not adopt a Unified Fire Protection | 22 | | District Plan. | 23 | | Section 35. Judicial notice. All courts in this State shall | 24 | | take judicial notice of the existence of any District organized | 25 | | under this Act, and every such District shall constitute a body |
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| 1 | | corporate that may sue or be sued in all courts. | 2 | | Section 40. Support. Notwithstanding any provision of this | 3 | | Act, a Unified Fire Protection District, whether created by | 4 | | referendum or an Intergovernmental Authority, may receive | 5 | | supplementary funding, fiscal support, or other revenue or | 6 | | property consideration from the State, including the Office of | 7 | | the State Fire Marshal, a county, or any other unit of local | 8 | | government to defray the expenses of organizing a new District | 9 | | or as may be deemed necessary or appropriate, and may be | 10 | | appropriated by that entity to the Authority.
| 11 | | Section 45. Enforcement of an intergovernmental agreement. | 12 | | In the event of a default, the District shall be authorized to | 13 | | secure collection of promised contributions from the unit of | 14 | | local government by intercepting: (1) monies deposited or to be | 15 | | deposited into any special fund of the defaulting unit of local | 16 | | government; or (2) grants or other revenues or taxes expected | 17 | | to be received by the unit of local government from the State | 18 | | or federal government, including taxes imposed by the | 19 | | governmental unit pursuant to a grant of authority by the | 20 | | State, such as sales or use taxes or utility taxes. | 21 | | Any interception authorized under this Section by the | 22 | | District shall be valid and binding from the time the | 23 | | interception is made. The revenues, monies, and other funds | 24 | | intercepted and to be intercepted by the District shall |
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| 1 | | immediately be subject to the District's lien. The lien shall | 2 | | be valid and binding against all parties having claims of any | 3 | | kind in tort, contract, or otherwise against the defaulting | 4 | | unit of local government, irrespective of whether such parties | 5 | | have notice. Under any such interception, a defaulting unit of | 6 | | local government may bind itself to impose rates, charges, or | 7 | | taxes to the fullest extent permitted by applicable law. Any | 8 | | ordinance, resolution, trust agreement, or other instrument by | 9 | | which a lien is created shall be filed in the records of the | 10 | | District. | 11 | | The State Treasurer, the State Comptroller, the Department | 12 | | of Revenue, and the Department of Transportation shall deposit | 13 | | or cause to be deposited any amount of grants or other revenues | 14 | | or taxes expected to be received by the defaulting unit of | 15 | | local government from that official or entity that has been | 16 | | pledged to the defaulting unit of local government, directly | 17 | | into a designated escrow account established by the District at | 18 | | a trust company or bank having trust powers, unless otherwise | 19 | | prohibited by law. The ordinance authorizing that disposition | 20 | | shall, within 10 days after adoption by the governing body of | 21 | | the District, be filed with the official or entity with custody | 22 | | of the garnished grants or other revenues or taxes. | 23 | | Section 50. Planning Committee; formation; powers. A | 24 | | Planning Committee is an advisory entity that is created, | 25 | | convened, and empowered as provided in this Section. |
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| 1 | | (a) An Intergovernmental Authority may create a Planning | 2 | | Committee to discuss the formation of a Unified Fire Protection | 3 | | District. | 4 | | Each governing body of a participating fire protection | 5 | | jurisdiction under this Section shall appoint two officials or | 6 | | employees to the Planning Committee. Each exclusive | 7 | | representative of any collective bargaining unit containing | 8 | | fire department-related employees of each affected fire | 9 | | protection jurisdiction shall appoint 2 members or officials to | 10 | | the Planning Committee. Members of a Planning Committee may be | 11 | | reimbursed for travel and incidental expenses at the discretion | 12 | | of the governing body of each respective fire protection | 13 | | jurisdiction.
| 14 | | (b) A Planning Committee may receive state funding, as | 15 | | appropriated by the legislature or from the Office of the State | 16 | | Fire Marshal or any affected fire protection jurisdiction for | 17 | | initial funding to pay for salaries, expenses, overhead, | 18 | | supplies, and similar expenses ordinarily and necessarily | 19 | | incurred.
| 20 | | (c) A Planning Committee shall conduct its affairs and | 21 | | formulate a Plan as provided under Section 55 of this Act.
| 22 | | (d) At its first meeting, a Planning Committee may elect | 23 | | officers and provide for the adoption of rules and other | 24 | | operating procedures.
| 25 | | (e) A Planning Committee may dissolve itself at any time by | 26 | | a majority vote of the total membership of the Planning |
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| 1 | | Committee. Any participating fire protection jurisdiction may | 2 | | withdraw upon 10 days' written notice to all other fire | 3 | | protection jurisdictions that are members of the Planning | 4 | | Committee.
| 5 | | (f) Planning Committees are subject to the requirements of | 6 | | the Illinois Open Meetings Act.
| 7 | | Section 55. Planning Committee; duties; formulation of | 8 | | Plan.
| 9 | | (a) A Planning Committee shall adopt a Plan providing for | 10 | | the design, financing, and development of fire protection | 11 | | services for the territory that shall comprise the new | 12 | | District. The Planning Committee may coordinate its activities | 13 | | with neighboring municipalities, fire protection districts, | 14 | | and other local governments that engage in fire protection | 15 | | planning. The Planning Committee may consider land use planning | 16 | | criteria and the input of local government officials located | 17 | | within, or partially within, a participating fire protection | 18 | | jurisdiction. | 19 | | (b) The Planning Committee shall:
| 20 | | (1) create opportunities for public input in the | 21 | | development of the Plan; | 22 | | (2) adopt a Plan proposing the creation of a District | 23 | | and recommending design, financing, and development of | 24 | | fire protection and emergency service facilities and | 25 | | operations, including maintenance and preservation of |
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| 1 | | facilities or systems which may include the provision of | 2 | | ambulance and other fire department-related services. The | 3 | | Plan shall identify the existing levels of fire department | 4 | | emergency services as measured by nationally acceptable | 5 | | practices. It shall ensure that, absent an increase in the | 6 | | level of services to be provided to the territory of the | 7 | | proposed District, no net increase in cost of services | 8 | | shall occur. The Plan shall also provide that the average | 9 | | emergency services response times in the District shall not | 10 | | be increased compared with those of each affected fire | 11 | | protection jurisdiction; | 12 | | (3) adopt, as part of the Plan, recommended and | 13 | | identified resources and assets to be available to the | 14 | | District from prospective contributing or component fire | 15 | | protection jurisdictions, or other sources; | 16 | | (4) adopt, as part of the Plan, recommended and | 17 | | identified obligations and liabilities to be assumed by the | 18 | | District from prospective contributing or component
fire | 19 | | protection jurisdictions, or to be retained by the | 20 | | prospective contributing or component fire protection | 21 | | jurisdictions; | 22 | | (5) adopt, as part of the Plan, a recommended timeline | 23 | | for establishing common and uniform operating procedures, | 24 | | standards, and guidelines, as well as rules and policies, | 25 | | to be applicable to the District upon approval by the | 26 | | District subsequent to its activation as a viable entity; |
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| 1 | | (6) recommend sources of revenue authorized by Section | 2 | | 60 of this Act and undertake financial and budgeting | 3 | | processes to fund selected fire protection service | 4 | | projects. The Plan shall include amendment, termination, | 5 | | and enforcement provisions, specifically to include breach | 6 | | or default in the payment and funding provisions of the | 7 | | Plan and the penalties for such a breach, as well as the | 8 | | means to enforce the provisions of the Plan by the affected | 9 | | fire protection jurisdictions; | 10 | | (7) identify the composition of the Board and the | 11 | | relative representation of each fire protection | 12 | | jurisdiction on the Board; and
| 13 | | (8) determine whether to seek a voter-approved Plan for | 14 | | any non-elector initiated Unified Fire Protection | 15 | | District.
| 16 | | (c) Once adopted, the Plan shall be forwarded to the | 17 | | participating fire protection jurisdictions' governing bodies | 18 | | for their approval. If approved by all affected fire protection | 19 | | jurisdictions, the Plan shall be used either to initiate the | 20 | | petition process under Section 25 of this Act or for | 21 | | implementation by intergovernmental agreement under Section 30 | 22 | | of this Act.
| 23 | | (d) For elector-approved Plans initiated by the fire | 24 | | protection jurisdictions, if the ballot measure to adopt the | 25 | | Plan is not approved by the voters, the Planning Committee may | 26 | | reconvene to redefine the scope and purpose of the District, |
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| 1 | | its projects, the financing plan, and the ballot measure. The | 2 | | governing bodies of the member fire protection jurisdictions | 3 | | may approve a new Plan and ballot measure, and may then submit | 4 | | the revised proposition to the voters at a subsequent regular | 5 | | election. Alternatively, the Plan may be approved and | 6 | | implemented under provisions creating an Intergovernmental | 7 | | Authority pursuant to Section 30 of this Act.
| 8 | | Section 60. Unified Fire Protection District; initial | 9 | | startup.
| 10 | | (a) A District formed by voter petition in accordance with | 11 | | Section 25, or as otherwise provided in this Act, shall | 12 | | commence operations no later than 90 days after the date of the | 13 | | election and shall operate for the purposes set forth in the | 14 | | Plan.
An Intergovernmental Authority comprised of governing | 15 | | bodies of 2 or more fire protection jurisdictions shall be | 16 | | considered to be formed upon approval of the governing bodies | 17 | | of each member fire protection jurisdiction. The | 18 | | Intergovernmental Authority shall commence operations on the | 19 | | date identified in the Plan. | 20 | | (b) The Unified Fire Protection District shall be governed | 21 | | by a Board of 5 trustees. The Board shall elect a Chairperson | 22 | | from among its members, who shall vote only in the case of a | 23 | | tie. | 24 | | If a District is wholly contained within a single county, | 25 | | the trustees for the District shall be appointed by the chief |
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| 1 | | executive officer of the county board with the advice and | 2 | | consent of the county board. If the District lies within more | 3 | | than one county, the number of trustees who are residents of a | 4 | | county shall be in proportion, as nearly as practicable, to the | 5 | | number of residents of the District who reside in that county | 6 | | in relation to the total population of the District, unless the | 7 | | District has voted by referendum to elect the trustees. | 8 | | Thereafter, each trustee shall be succeeded by a resident of | 9 | | the same county who shall be appointed by the same appointing | 10 | | authority. The appropriate appointing authorities shall | 11 | | appoint 5 trustees of the District within 60 days after the | 12 | | entry of the order establishing the District. The trustees | 13 | | shall be electors in the District, provided that the Board | 14 | | shall consist of a trustee representing each unit of local | 15 | | government, subject to the intergovernmental agreement, within | 16 | | the Unified Fire Protection District. The trustees shall hold | 17 | | the terms of office and shall have the powers and | 18 | | qualifications that are provided for trustees under Section 4 | 19 | | of the Fire Protection District Act. | 20 | | In the event of a conflict between the terms of the | 21 | | intergovernmental agreement and the powers of the trustees | 22 | | otherwise provided by law, the terms of the intergovernmental | 23 | | agreement shall prevail and supersede. | 24 | | (c) The District shall have the power, duties, and | 25 | | obligations of a fire protection district as otherwise provided | 26 | | under this Act, except as modified or limited by the provisions |
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| 1 | | of this Section. The District shall develop a budget funded at | 2 | | a level sufficient to ensure that the quality of service | 3 | | provided to the residents of the service area within the | 4 | | boundary of the included units of local government continues at | 5 | | a level equal to or greater than those provided prior to the | 6 | | modification. | 7 | | (d) The establishment of a District as a separately-named | 8 | | unit of local government shall not prevent the units of local | 9 | | government within it from identifying their historical fire | 10 | | departments with the names of their localities. In that event, | 11 | | local fire departments shall be described as [local name] | 12 | | Branch of the [name of the District].
| 13 | | (e) Upon the formation of a District under either Section | 14 | | 25 or 30 of this Act, the fire departments of the participating | 15 | | units of local government shall be operated under a single | 16 | | chain of command under the leadership of one fire chief | 17 | | appointed by the Board of the District. Chiefs and subordinate | 18 | | chief officers who are redundant under the single chain of | 19 | | command, or consolidated shifts established by the Board, shall | 20 | | be eligible to apply for vacancies in positions that may be | 21 | | established under the terms of the intergovernmental agreement | 22 | | entered into by the parties, provided that the positions shall | 23 | | not be available to any person who is already retired and | 24 | | receiving benefits under Article 4 of the Illinois Pension | 25 | | Code. These positions may include, but are not limited to, | 26 | | training officer, emergency medical services coordinator, fire |
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| 1 | | inspector, and company officer. Any proposed reduction to a | 2 | | bargaining unit position resulting from the abolishment of a | 3 | | non-bargaining unit position shall be subject to compliance | 4 | | with the bargaining rights of any affected collective | 5 | | bargaining representative. | 6 | | Upon taking office, the fire chief of the District shall | 7 | | command all shifts covering the unified service area of the | 8 | | units of local government included in the District. The | 9 | | District shall become a body politic and corporate with all the | 10 | | powers, rights, duties, and obligations vested in it under the | 11 | | terms of the intergovernmental agreement and as otherwise | 12 | | provided under the provisions of this Act.
| 13 | | (f) Upon the organization of the District, the duties of | 14 | | each included unit of local government relating to the | 15 | | operation of a fire department and emergency medical services | 16 | | within the boundaries of the District shall be transferred to | 17 | | the Board of the District to be exercised according to the | 18 | | terms of the intergovernmental agreement and as otherwise | 19 | | provided under the provisions of this Act. | 20 | | (g) Unless otherwise agreed upon, all firefighters and | 21 | | emergency medical services personnel lawfully in the | 22 | | employment of any unit of local government included in the | 23 | | District shall maintain identity with the fire departments that | 24 | | they were serving on prior to the intergovernmental agreement | 25 | | creating the Unified Fire Protection District, but shall be | 26 | | subject to the unified chain of command established by the |
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| 1 | | Board. | 2 | | A District consisting of any fire department that employs | 3 | | full-time officers or members shall be subject to Sections | 4 | | 16.01 through 16.18 of the Fire Protection District Act unless | 5 | | the terms of the intergovernmental agreement agreed to by the | 6 | | units of local government and the exclusive bargaining agents | 7 | | representing employees engaged in providing fire protection or | 8 | | emergency medical services within the service area of the | 9 | | District provides otherwise.
| 10 | | (h) Contracts in effect between an exclusive bargaining | 11 | | agent and a unit of local government shall continue according | 12 | | to their terms. Successor contracts shall be negotiated in | 13 | | accordance with the provisions of the Illinois Public Labor | 14 | | Relations Act. Upon agreement of any 2 or more units of local | 15 | | government and corresponding exclusive bargaining | 16 | | representatives, and approval of that agreement by a majority | 17 | | of the members of each respective bargaining unit, any 2 or | 18 | | more bargaining units may be consolidated into a single | 19 | | bargaining unit.
| 20 | | (i) Any unit of local government that is included in a | 21 | | District shall be exempt from any reduction in the formula for | 22 | | distribution
of income tax revenues under Section 901 of the | 23 | | Illinois Income Tax Act and personal property replacement tax | 24 | | revenues under subsection (c) of Section 201 of the Illinois | 25 | | Income Tax Act collected from local taxpayers by State agencies | 26 | | and redistributed to the units of local government based on the |
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| 1 | | formula and laws in effect as of the effective date of this | 2 | | amendatory Act of the 98th General Assembly. | 3 | | A District shall be eligible to receive the distribution of | 4 | | income tax revenues collected from local taxpayers according to | 5 | | the same formula applicable to municipalities. | 6 | | Section 65. Levy of taxes; limitations; indebtedness.
| 7 | | (a) To carry out the purposes for which a District is | 8 | | created, a District Board is empowered to take all actions | 9 | | authorized by law and authorized under this Act for the purpose | 10 | | of enforcing payment of any and all contributions and payments | 11 | | required under the terms of an intergovernmental agreement | 12 | | executed under the provisions of this Act. | 13 | | (b) The inclusion of any unit of local government into a | 14 | | District shall not affect the obligation of any contract | 15 | | entered into by the unit of local government unless otherwise | 16 | | agreed upon in the intergovernmental agreement. Such contracts | 17 | | shall remain the obligation of the unit of local government | 18 | | that incurred the obligation.
| 19 | | The inclusion of units of local government shall not | 20 | | adversely affect proceedings for the collection or enforcement | 21 | | of any tax. The proceedings shall continue to finality as if no | 22 | | inclusion had taken place. The proceeds thereof shall be paid | 23 | | to the treasurer of the unit of local government, subject to | 24 | | the terms of the intergovernmental agreement, to be used for | 25 | | the purpose for which the tax was levied or assessed.
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| 1 | | All suits pending in any court on behalf of or against any | 2 | | unit of local government relating to the provision of fire or | 3 | | emergency medical services on the date that the unit of local | 4 | | government is joined into a District under this Act may be | 5 | | prosecuted or defended in the name of the unit of local | 6 | | government unless otherwise provided in the intergovernmental | 7 | | agreement. All judgments obtained for
any unit of local | 8 | | government joined into a District shall be collected and | 9 | | enforced by the District for its benefit unless otherwise | 10 | | provided in the intergovernmental agreement.
| 11 | | The title to all property of a unit of local government | 12 | | related to providing fire or emergency medical services in the | 13 | | District that is transferred to the District under the terms of | 14 | | the intergovernmental agreement shall remain vested in the unit | 15 | | of local government to be held for the same purposes and uses, | 16 | | and subject to the same conditions as before inclusion.
| 17 | | (c) Any intergovernmental contracts otherwise authorized | 18 | | by law that relate to the combination of contracts or the | 19 | | integration of service areas where fire protection or emergency | 20 | | medical services are performed shall be entered into pursuant | 21 | | to Section 25 or Section 30 of this Act. | 22 | | Section 70. Petition to dissolve a District; referendum. | 23 | | The Board of a District may certify and submit the question of | 24 | | dissolution of the District to the electors of the District. | 25 | | The Board may draft a ballot title, give notice as required by |
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| 1 | | the general election law, and perform other duties as required | 2 | | to put the question before the voters of the District for their | 3 | | approval or rejection as a single ballot measure. The | 4 | | electorate consists of the voters voting within the boundaries | 5 | | of the existing District. A simple majority of the registered | 6 | | voters voting on the single ballot measure is required to | 7 | | approve dissolution of the petitioned District. The District | 8 | | shall act in accordance with general election law. The District | 9 | | seeking dissolution is liable for its proportionate share of | 10 | | the costs of the election.
| 11 | | The question shall be in substantially the following form:
- | 12 | | --------------------------- | 13 | | For dissolution of the | 14 | | .........Unified Fire | 15 | | Protection District. - | 16 | | --------------------------- | 17 | | Against dissolution of the | 18 | | .........Unified Fire | 19 | | Protection District. - | 20 | | --------------------------- | 21 | | Votes shall be recorded as "Yes" or "No". If a majority of | 22 | | the votes cast are in favor of the dissolution, the assets, | 23 | | liabilities, obligations, and personnel assigned or belonging | 24 | | to the District shall revert to the component fire protection | 25 | | jurisdictions comprising or contributing to the District, | 26 | | proportional to each fire protection jurisdiction's |
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| 1 | | contribution. All such transfers and reassignments shall be | 2 | | made in an expeditious and timely manner, and no longer than | 3 | | 120 days after the date upon which the District dissolution | 4 | | vote was certified by local election authorities.
| 5 | | Section 75. Intergovernmental Authority and District; | 6 | | dissolution.
| 7 | | A District created by an intergovernmental agreement under | 8 | | Section 30 may be dissolved upon consent of the component fire | 9 | | protection jurisdictions comprising or contributing to the | 10 | | District.
| 11 | | The Board of the District seeking dissolution shall publish | 12 | | a written notice of and hold a public hearing on its intention | 13 | | to dissolve the District.
If the District is located entirely | 14 | | in one county, the notice shall be published in an English | 15 | | language newspaper of general circulation published in the | 16 | | District or, if there is no such newspaper, in an English | 17 | | language newspaper of general circulation published in the | 18 | | county and having circulation in the District. If the District | 19 | | is located primarily in one county but extends into smaller | 20 | | portions of adjoining counties, the notice shall be published | 21 | | in a newspaper of general circulation published in the District | 22 | | or, if there is no such newspaper, in a newspaper of general | 23 | | circulation published in each county in which any part of the | 24 | | District is located. If the District includes all or a large | 25 | | portion of two or more counties, the notice shall be published |
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| 1 | | in a newspaper of general circulation published in each county | 2 | | in which any part of the District is located. The notice shall | 3 | | appear not more than 30 and no less than 10 days prior to the | 4 | | date of the public hearing. | 5 | | All hearings shall be open to the public. The Board shall | 6 | | explain the reasons for the proposed dissolution of the | 7 | | District and shall permit persons an opportunity to present | 8 | | testimony within reasonable time limits as the Board | 9 | | determines.
| 10 | | A simple majority of votes within the District is required | 11 | | for dissolution of the District.
| 12 | | Upon approval of dissolution of a District, the assets, | 13 | | liabilities, obligations, and personnel assigned or belonging | 14 | | to the District shall revert to the component fire protection | 15 | | jurisdictions comprising or contributing to the District, in | 16 | | proportion to each fire protection jurisdiction's | 17 | | contribution. All transfers and reassignments shall be made in | 18 | | an expeditious and timely manner, but no longer than 120 days | 19 | | after the date upon which the District dissolution vote was | 20 | | affirmed by the District Board.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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