Full Text of SB1538 101st General Assembly
SB1538sam002 101ST GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/8/2019
| | 10100SB1538sam002 | | LRB101 08871 AWJ 59452 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1538
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1538, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Municipal Code is amended by | 6 | | adding Sections 11-1-14 and 11-6-11 as follows: | 7 | | (65 ILCS 5/11-1-14 new) | 8 | | Sec. 11-1-14. Discontinuance of police department in Lake | 9 | | County; pilot program. | 10 | | (a) A municipality's police department may be discontinued | 11 | | after referendum of the electors of the municipality after: (1) | 12 | | the city council passes an ordinance for a referendum to | 13 | | discontinue the police department; or (2) after a petition for | 14 | | a referendum signed by not less than 5% of the total number of | 15 | | registered voters of municipality is filed with the city | 16 | | council. The ordinance or petition shall include the date of |
| | | 10100SB1538sam002 | - 2 - | LRB101 08871 AWJ 59452 a |
|
| 1 | | discontinuance of the police department, which shall not be | 2 | | earlier than 60 days following the date of the referendum. | 3 | | (b) Upon the adoption of an ordinance or the filing of a | 4 | | petition under subsection (a), a referendum, subject to the | 5 | | requirements of Section 16-7 of the Election Code, shall be | 6 | | placed on the ballot for all electors residing in the | 7 | | municipality at the next general election in substantially the | 8 | | following form: | 9 | | Shall the ........ police department be discontinued | 10 | | with the sheriff's department acquiring primary | 11 | | jurisdiction over police protection in the municipality | 12 | | and the county acquiring the ability to levy any applicable | 13 | | municipal taxes to provide police protection in the | 14 | | municipality? | 15 | | The votes shall be recorded as "Yes" or "No". | 16 | | (c) If a majority of the electors in the municipality vote | 17 | | in favor of the referendum, then the police department shall be | 18 | | discontinued on the date indicated in the ordinance or petition | 19 | | and, on that date, the sheriff's department acquires primary | 20 | | jurisdiction over police protection of the municipality and the | 21 | | county acquires the authority to levy any tax the municipality | 22 | | levied or could have levied to support the policing of the | 23 | | municipality. The county may levy a tax under this subsection | 24 | | regardless of whether it uses the money directly for the | 25 | | support of policing of the municipality. | 26 | | (d) This Section only applies to police departments in |
| | | 10100SB1538sam002 | - 3 - | LRB101 08871 AWJ 59452 a |
|
| 1 | | municipalities wholly within Lake County. | 2 | | (e) Subsections (a) and (b) of this Section are inoperative | 3 | | on and after January 1, 2030. | 4 | | (f) A home rule municipality in Lake County may not | 5 | | discontinue its police department in a manner inconsistent with | 6 | | this Section. This Section is a limitation under subsection (i) | 7 | | of Section 6 of Article VII of the Illinois Constitution on the | 8 | | concurrent exercise by home rule units of powers and functions | 9 | | exercised by the State. | 10 | | (65 ILCS 5/11-6-11 new) | 11 | | Sec. 11-6-11. Discontinuance of fire department in Lake | 12 | | County; pilot program. | 13 | | (a) A municipality's fire department may be discontinued | 14 | | after referendum of the electors of the municipality after: (1) | 15 | | the city council passes an ordinance for a referendum to | 16 | | discontinue the fire department; or (2) after a petition for a | 17 | | referendum signed by not less than 5% of the total number of | 18 | | registered voters of municipality is filed with the city | 19 | | council. The ordinance or petition shall include the date of | 20 | | discontinuance of the fire department, which shall not be | 21 | | earlier than 60 days following the date of the referendum, and | 22 | | a copy of an ordinance or resolution of the governing body of | 23 | | another adjacent municipality or fire protection district | 24 | | which has agreed to take on the fire protection | 25 | | responsibilities of the municipality discontinuing its fire |
| | | 10100SB1538sam002 | - 4 - | LRB101 08871 AWJ 59452 a |
|
| 1 | | department. | 2 | | (b) Only adjacent municipalities or fire protection | 3 | | districts that hire firefighters under Sections 10-2.1-4 or | 4 | | 10-1-7.3 of the Illinois Municipal Code or Section 16.06b of | 5 | | the Fire Protection District Act shall be eligible to adopt an | 6 | | ordinance or resolution to assume fire protection | 7 | | responsibilities or emergency medical services, or both, of a | 8 | | municipality discontinuing its fire department. | 9 | | An ordinance or resolution adopted by a governing body of | 10 | | another municipality or fire protection district that has | 11 | | agreed to take on the fire protection responsibilities or | 12 | | emergency medical services, or both, of the municipality | 13 | | discontinuing its fire department shall include an analysis of | 14 | | average response times for any unit of local government | 15 | | included in the proposed fire protection service area. The | 16 | | analysis shall include average response times prior to and | 17 | | subsequent to the proposed fire department discontinuation. | 18 | | (c) Upon the adoption of an ordinance or the filing of a | 19 | | petition under subsection (a), a referendum, subject to the | 20 | | requirements of Section 16-7 of the Election Code, shall be | 21 | | placed on the ballot for all electors residing in the | 22 | | municipality at the next general election in substantially the | 23 | | following form: | 24 | | Shall the ........ fire department be discontinued | 25 | | with the (name of other fire department or fire protection | 26 | | district, as applicable) acquiring primary jurisdiction |
| | | 10100SB1538sam002 | - 5 - | LRB101 08871 AWJ 59452 a |
|
| 1 | | over fire protection in the municipality and the (name of | 2 | | municipality operating the other fire department or the | 3 | | fire protection district, as applicable) acquiring the | 4 | | ability to levy any applicable municipal taxes to provide | 5 | | fire protection in the municipality? | 6 | | The votes shall be recorded as "Yes" or "No". | 7 | | (d) If a majority of the electors in the municipality vote | 8 | | in favor of the referendum, then the fire department shall be | 9 | | discontinued on the date indicated in the ordinance or petition | 10 | | and, on that date, the other fire department or fire protection | 11 | | district, as applicable, acquires primary jurisdiction over | 12 | | fire protection of the municipality and the municipality | 13 | | operating the other fire department or the fire protection | 14 | | district, as applicable, acquires the authority to levy any tax | 15 | | the municipality levied or could have levied to support the | 16 | | fire protection of the municipality. The municipality | 17 | | operating the other fire department or the fire protection | 18 | | district, as applicable, may levy a tax under this subsection | 19 | | regardless of whether it uses the money directly for the | 20 | | support of fire protection services or emergency medical | 21 | | services of the municipality. | 22 | | (e) Contracts in effect between an exclusive bargaining | 23 | | agent representing employees engaged in providing fire | 24 | | protection or emergency medical services, or both, of the | 25 | | discontinued fire department and the municipality that | 26 | | discontinued the fire department shall continue according to |
| | | 10100SB1538sam002 | - 6 - | LRB101 08871 AWJ 59452 a |
|
| 1 | | their terms with the municipality or fire protection district | 2 | | assuming fire protection services or emergency medical | 3 | | services, or both. Successor contracts shall be negotiated in | 4 | | accordance with the provisions of the Illinois Public Labor | 5 | | Relations Act. | 6 | | (f) This Section only applies to discontinuance of fire | 7 | | departments in municipalities wholly within Lake County. | 8 | | (g) Subsections (a), (b), and (c) of this Section are | 9 | | inoperative on and after January 1, 2030. | 10 | | (h) A home rule municipality in Lake County may not | 11 | | discontinue its fire department in a manner inconsistent with | 12 | | this Section. This Section is a limitation under subsection (i) | 13 | | of Section 6 of Article VII of the Illinois Constitution on the | 14 | | concurrent exercise by home rule units of powers and functions | 15 | | exercised by the State. ".
|
|