Full Text of HB0693 102nd General Assembly
HB0693ham001 102ND GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 3/22/2021
| | 10200HB0693ham001 | | LRB102 12364 AWJ 23973 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 693
| 2 | | AMENDMENT NO. ______. Amend House Bill 693 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fire Protection District Act is amended by | 5 | | adding Section 28 as follows: | 6 | | (70 ILCS 705/28 new) | 7 | | Sec. 28. Dissolution of Bensenville Fire Protection | 8 | | District #1 into Bensenville Fire Protection District #2; | 9 | | board of trustee composition. | 10 | | (a) Thirty days after the effective date of this | 11 | | amendatory Act of the 102nd General Assembly: | 12 | | (1) Bensenville Fire Protection District #1 is | 13 | | dissolved and all powers, including, but not limited to, | 14 | | taxing powers, duties, rights, and responsibilities of the | 15 | | Bensenville Fire Protection District #1 are transferred to | 16 | | the Bensenville Fire Protection District #2. |
| | | 10200HB0693ham001 | - 2 - | LRB102 12364 AWJ 23973 a |
|
| 1 | | (2) All books, records, papers, documents, property | 2 | | (real and personal), contracts, causes of action, and | 3 | | pending business pertaining to the powers, duties, rights, | 4 | | and responsibilities shall be transferred from Bensenville | 5 | | Fire Protection District #1 to Bensenville Fire Protection | 6 | | District #2, including, but not limited to, material in | 7 | | electronic or magnetic format and necessary computer | 8 | | hardware and software. | 9 | | (3) All unexpended moneys from tax levies, | 10 | | appropriations, and balances and other funds available for | 11 | | use by Bensenville Fire Protection District #1 shall be | 12 | | transferred for use by Bensenville Fire Protection | 13 | | District #2. Unexpended balances so transferred shall be | 14 | | expended only for the purpose for which the tax levies or | 15 | | appropriations were originally made. | 16 | | (4) The powers, duties, rights, and responsibilities | 17 | | transferred from Bensenville Fire Protection District #1 | 18 | | by this amendatory Act of the 102nd General Assembly shall | 19 | | be vested in and shall be exercised by Bensenville Fire | 20 | | Protection District #2. | 21 | | (5) This amendatory Act of the 102nd General Assembly | 22 | | does not affect any act done, ratified, or canceled or any | 23 | | right occurring or established or any action or proceeding | 24 | | had or commenced in an administrative, civil, or criminal | 25 | | cause by Bensenville Fire Protection District #1 before | 26 | | this amendatory Act of the 102nd General Assembly takes |
| | | 10200HB0693ham001 | - 3 - | LRB102 12364 AWJ 23973 a |
|
| 1 | | effect; such actions or proceedings may be prosecuted and | 2 | | continued by Bensenville Fire Protection District #2. | 3 | | (6) The territory of Bensenville Fire Protection | 4 | | District #1 is transferred to Bensenville Fire Protection | 5 | | District #2. Any intergovernmental agreements to service | 6 | | any portion of Bensenville Fire Protection District #1 are | 7 | | terminated and Bensenville Fire Protection District #2 | 8 | | shall assume all services for the territory formerly of | 9 | | Bensenville Fire Protection District #1. | 10 | | (b) Beginning on the effective date of this amendatory Act | 11 | | of the 102nd General Assembly and notwithstanding any other | 12 | | provision of law, the board of trustees of Bensenville Fire | 13 | | Protection District #2 shall abide by the following procedures | 14 | | in determining the levy for all properties within Bensenville | 15 | | Fire Protection District #2, including those formerly within | 16 | | Bensenville Fire Protection District #1: | 17 | | (1) Bensenville Fire Protection District #2 will | 18 | | retain all rights and responsibilities to the 2021 levy | 19 | | levied by Bensenville Fire Protection District #2. | 20 | | Additionally, Bensenville Fire Protection District #2 | 21 | | shall assume all rights and responsibilities for the 2021 | 22 | | levy levied by the Bensenville Fire Protection District | 23 | | #1. | 24 | | (2) For the 2022 tax year, the equalized assessed | 25 | | valuation of all property in the former Bensenville Fire | 26 | | Protection District #1 shall be added to the existing |
| | | 10200HB0693ham001 | - 4 - | LRB102 12364 AWJ 23973 a |
|
| 1 | | valuation of the property in Bensenville Fire Protection | 2 | | District #2 and be considered new property in every way. | 3 | | (3) Beginning with the 2022 levy, Bensenville Fire | 4 | | Protection District #2 shall submit one levy for the | 5 | | entirety of Bensenville Fire Protection District #2, | 6 | | including those properties received from Bensenville Fire | 7 | | Protection District #1, as follows: | 8 | | (i) For the 2022 levy year, property within | 9 | | Bensenville Fire Protection District #2 shall be | 10 | | levied in accordance with the Property Tax Code. For | 11 | | this same tax year, property within Bensenville Fire | 12 | | Protection District #1 will be levied at the same tax | 13 | | rate as Bensenville Fire Protection District #2; | 14 | | however, the effective tax rate applied to properties | 15 | | within Bensenville Fire Protection District #1 shall | 16 | | not increase more than 50% over the tax rate | 17 | | previously levied by Bensenville Fire Protection | 18 | | District #1 in levy year 2021. | 19 | | (ii) For the 2023 levy year, all property within | 20 | | Bensenville Fire Protection District will be levied at | 21 | | the same tax rate, including properties formerly | 22 | | considered part of Bensenville Fire Protection | 23 | | District #1 and Bensenville Fire Protection District | 24 | | #2 and the tax rate for the all properties will be | 25 | | equal. | 26 | | (iii) Beginning with the 2024 levy year and for |
| | | 10200HB0693ham001 | - 5 - | LRB102 12364 AWJ 23973 a |
|
| 1 | | all future years, all properties within or formerly | 2 | | within Bensenville Fire Protection District, | 3 | | Bensenville Fire Protection District #1, and | 4 | | Bensenville Fire Protection District #2 shall be | 5 | | levied in accordance with the Property Tax Code. | 6 | | (c) Notwithstanding any other provision of law: | 7 | | (1) On the effective date of this amendatory Act of | 8 | | the 102nd General Assembly: (i) the board of trustees for | 9 | | Bensenville Fire Protection District #1 is dissolved, and | 10 | | (ii) the board of trustees of Bensenville Fire Protection | 11 | | District #2 is expanded to 5 members, with the current | 12 | | trustees of the Bensenville Fire Protection District #2 | 13 | | maintaining 3 of these 5 positions and the 2 other trustee | 14 | | positions appointed as provided in paragraph (2). | 15 | | (2) The remaining 2 positions on the 5-person board of | 16 | | trustees will be filled by appointment of by the elected | 17 | | mayor of the Village of Bensenville. The mayor shall | 18 | | designate one appointee with a term to expire the first | 19 | | Monday of May 2023 and a second appointee with a term to | 20 | | expire the first Monday of May 2025. The mayor will | 21 | | provide subsequent appointments to these 2 positions for | 22 | | 4-year terms expiring on the first Monday in May. | 23 | | (3) Beginning with the consolidated election of 2023, | 24 | | 3 members of the Bensenville Fire Protection District | 25 | | board of trustees shall be elected. The terms of the 3 | 26 | | members of the board of trustees of the Bensenville Fire |
| | | 10200HB0693ham001 | - 6 - | LRB102 12364 AWJ 23973 a |
|
| 1 | | Protection District not appointed by the mayor of the | 2 | | Village of Bensenville are terminated when their | 3 | | successors are elected and qualified in the consolidated | 4 | | election of 2023. | 5 | | (4) At the first meeting of the board of trustees of | 6 | | the Bensenville Fire Protection District after the new | 7 | | members are elected in 2023 and qualified under paragraph | 8 | | (3), the 3 elected board members shall draw lots to | 9 | | determine one member having a 2-year term, one member | 10 | | having 4-year term, and one member having a 6-year term. | 11 | | At the conclusion of each elected member's term | 12 | | thereafter, each member shall be elected for a 6-year | 13 | | term, in accordance with this Act. | 14 | | (d) Beginning January 1, 2023, Bensenville Fire Protection | 15 | | District #2 is renamed the Bensenville Fire Protection | 16 | | District and shall include all properties located within | 17 | | Bensenville Fire Protection District #2 and those previously | 18 | | within Bensenville Fire Protection District #1. This change | 19 | | shall have the effect of only changing the name of the District | 20 | | and shall not conflict with any other actions within this | 21 | | Section. ".
|
|