Illinois General Assembly - Full Text of HB0175
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Full Text of HB0175  102nd General Assembly



State of Illinois
2021 and 2022


Introduced 1/22/2021, by Rep. Lawrence Walsh, Jr.


70 ILCS 705/3  from Ch. 127 1/2, par. 23

    Amends the Fire Protection District Act. Makes a technical change in a Section concerning annexation of territory.

LRB102 04318 AWJ 14336 b





HB0175LRB102 04318 AWJ 14336 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Fire Protection District Act is amended by
5changing Section 3 as follows:
6    (70 ILCS 705/3)  (from Ch. 127 1/2, par. 23)
7    Sec. 3. Additional contiguous territory having the the
8qualifications set forth in Section 1 may be added to any fire
9protection district as provided for in this Act in the manner
11    (a) One percent or more of the legal voters resident
12within the limits of the proposed addition to the fire
13protection district may petition the court of the county in
14which the original petition for the formation of the fire
15protection district was filed, to cause the question to be
16submitted to the legal voters of the proposed additional
17territory whether the proposed additional territory shall
18become a part of any contiguous fire protection district
19organized under this Act and whether the voters of the
20additional territory shall assume a proportionate share of the
21bonded indebtedness of the district. The petition shall be
22addressed to the court and shall contain a definite
23description of the boundaries of the territory to be embraced



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1in the proposed addition and shall allege facts in support of
2such addition.
3    Upon filing the petition in the office of the circuit
4clerk of the county in which the original petition for the
5formation of the fire protection district was filed, it shall
6be the duty of the court to fix a time and place of a hearing
7upon the subject of the petition.
8    Notice shall be given by the court, or by the circuit clerk
9or sheriff upon order of the court of the county in which the
10petition is filed, of the time and place of a hearing upon the
11petition in the manner as provided in Section 1. The conduct of
12the hearing on the question whether the proposed additional
13territory shall become a part of the fire protection district
14shall be carried out in the manner described in Section 1, as
15nearly as may be. The question shall be in substantially the
16following form:
18    For joining the.... Fire
19Protection District and assuming a
20proportionate share of bonded
21indebtedness, if any.
23    Against joining the.... Fire
24Protection District and assuming a
25proportionate share of bonded
26indebtedness, if any.



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2    If a majority of the votes cast at the election upon the
3question of becoming a part of any contiguous fire protection
4district are in favor of becoming a part of that fire
5protection district and if the trustees of the fire protection
6district accept the proposed additional territory by
7resolution, the proposed additional territory shall be deemed
8an integral part of that fire protection district and shall be
9subject to all the benefits of service and responsibilities of
10the district as set forth in this Act.
11    (a-5) Any fire protection district organized under the
12provisions of this Act may be simultaneously dissolved and
13consolidated into an adjoining fire protection district upon
14like petition, hearing and election as is provided under
15Section 1 of this Act for the organization of such district,
16except that the ballot for such election shall be in
17substantially the following form:
19    Shall the ... Fire Protection District
20dissolve and be consolidated        YES 
21into the ... Fire    
24Protection District?                NO 



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1    If a majority of the votes cast on the question at such
2election are in favor of such dissolution and consolidation,
3and if the board of trustees of the adjoining district agrees
4by resolution to accept the territory comprising the dissolved
5district, the circuit court of the county in which the
6petition was filed shall enter an order on the records of the
7court dissolving and consolidating such district. On the
8effective date of the simultaneous dissolution and
9consolidation, all the rights, powers, duties, assets,
10property, liabilities, indebtedness, obligations, bonding
11authority, taxing authority, and responsibilities of the
12former district shall vest in and be assumed by the fire
13protection district assuming the territory of the former
15    (b) The owner or owners of any tract or tracts of land,
16contiguous to an existing fire protection district and not
17already included in a fire protection district, may file a
18written petition, addressed to the trustees of the fire
19protection district to which they seek to have their tract or
20tracts of land attached, containing a definite description of
21the boundaries of the territory and a statement that they
22desire that their property become a part of the fire
23protection district to which their petition is addressed, and
24that they are willing that their property assume a
25proportionate share of the bonded indebtedness, if any, of the
26fire protection district.



HB0175- 5 -LRB102 04318 AWJ 14336 b

1    When such a petition is filed with the trustees, they
2shall immediately pass a resolution to accept or reject the
3territory proposed to be attached. If the trustees resolve in
4favor of accepting the territory, they shall file with the
5court of the county where the fire protection district was
6organized the original petition and a certified copy of the
7resolution, and the court shall then enter an order stating
8that the proposed annexed territory shall be deemed an
9integral part of that fire protection district and subject to
10all of the benefits of service and responsibilities of the
11district. The circuit clerk shall transmit a certified copy of
12the order to the county clerk of each county in which any of
13the territory affected is situated and to the State Fire
15    (c) Upon the annexation of territory by a district, the
16boundary shall extend to the far side of any adjacent highway
17and shall include all of every highway within the area
18annexed. These highways shall be considered to be annexed even
19though not included in the legal description set forth in the
20petition for annexation.
21(Source: P.A. 98-1003, eff. 1-1-15.)