Full Text of HB0693 102nd General Assembly
HB0693 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0693 Introduced 2/8/2021, by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED: |
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Amends the Fire Protection District Act. Dissolves the Bensenville Fire Protection District #1 on the effective date of the amendatory Act and transfers all powers, including taxing powers, duties, rights, responsibilities, and territory to the Bensenville Fire Protection District #2. Transfers books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business to Bensenville Fire Protection District #2. Allows the Bensenville Fire Protection District #2 to increase the tax levy of the territory formerly within Bensenville Fire Protection District #1 over a 2 year period. Provides for the election of Bensenville Fire Protection District #2 board of trustees beginning with the 2023 consolidated election.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB0693 | | LRB102 12364 AWJ 17701 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 election. | 10 | | (a) On the effective date of this amendatory Act of the | 11 | | 102nd General Assembly: | 12 | | (1) The 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 and the terms | 17 | | of the members of the board of the Bensenville Fire | 18 | | Protection District #1 are terminated. | 19 | | (2) All books, records, papers, documents, property | 20 | | (real and personal), contracts, causes of action, and | 21 | | pending business pertaining to the powers, duties, rights, | 22 | | and responsibilities shall be transferred from the | 23 | | Bensenville Fire Protection District #1 to Bensenville |
| | | HB0693 | - 2 - | LRB102 12364 AWJ 17701 b |
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| 1 | | Fire Protection District #2, including, but not limited | 2 | | to, material in electronic or magnetic format and | 3 | | necessary computer hardware and software. | 4 | | (3) All unexpended moneys from tax levies, | 5 | | appropriations, and balances and other funds available for | 6 | | use by the Bensenville Fire Protection District #1 shall | 7 | | be transferred for use by the Bensenville Fire Protection | 8 | | District #2. Unexpended balances so transferred shall be | 9 | | expended only for the purpose for which the tax levies or | 10 | | appropriations were originally made. | 11 | | (4) The powers, duties, rights, and responsibilities | 12 | | transferred from the Bensenville Fire Protection District | 13 | | #1 by this amendatory Act of the 102nd General Assembly | 14 | | shall be vested in and shall be exercised by the | 15 | | Bensenville Fire Protection District #2. | 16 | | (5) This amendatory Act of the 102nd General Assembly | 17 | | does not affect any act done, ratified, or canceled or any | 18 | | right occurring or established or any action or proceeding | 19 | | had or commenced in an administrative, civil, or criminal | 20 | | cause by the Bensenville Fire Protection District #1 | 21 | | before this amendatory Act of the 102nd General Assembly | 22 | | takes effect; such actions or proceedings may be | 23 | | prosecuted and continued by the Bensenville Fire | 24 | | Protection District #2. | 25 | | (6) The territory of Bensenville Fire Protection | 26 | | District #1 is transferred to Bensenville Fire Protection |
| | | HB0693 | - 3 - | LRB102 12364 AWJ 17701 b |
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| 1 | | District #2. Any intergovernmental agreements to service | 2 | | any portion of Bensenville Fire Protection District #1 are | 3 | | terminated and Bensenville Fire Protection District #2 | 4 | | shall take over services for the territory formerly of | 5 | | Bensenville Fire Protection District #1. | 6 | | (b) Notwithstanding any other provision of this Act, the | 7 | | board of Bensenville Fire Protection District #2 may increase | 8 | | the tax levy over the former territory of Bensenville Fire | 9 | | Protection District #1 by ordinance, without referendum, to | 10 | | equal the tax levy of Bensenville Fire Protection District #2 | 11 | | in effect on the effective date of this amendatory Act of the | 12 | | 102nd General Assembly. However, such increase must be done | 13 | | incrementally with not more than a 50% increase being imposed | 14 | | during the first year after the effective date of this | 15 | | amendatory Act of the 102nd General Assembly and the remaining | 16 | | increase imposed during the second year after the effective | 17 | | date of this Amendatory Act of the 102nd General Assembly. | 18 | | After the tax levy over the former territory of | 19 | | Bensenville Fire Protection District #1 has been increased to | 20 | | an amount equal the tax levy of Bensenville Fire Protection | 21 | | District #2 in effect on the effective date of this amendatory | 22 | | Act of the 102nd General Assembly or 2 years after the | 23 | | effective date of this amendatory Act of the 102nd General | 24 | | Assembly, whichever is earlier, any increases to the tax levy | 25 | | over the former territory of Bensenville Fire Protection | 26 | | District #1 shall be only increased as otherwise provided by |
| | | HB0693 | - 4 - | LRB102 12364 AWJ 17701 b |
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| 1 | | this Act. | 2 | | (c) Beginning with the consolidated election of 2023, all | 3 | | members of the Bensenville Fire Protection District #2 board | 4 | | of trustees shall be elected. The terms of the members of the | 5 | | board of trustees of the Bensenville Fire Protection District | 6 | | #2 are terminated when their successors are elected and | 7 | | qualified in the consolidation election of 2023. | 8 | | At the first meeting of the board of trustees of the | 9 | | Bensenville Fire Protection District #2 after the new members | 10 | | are elected and qualified under this Section, the members | 11 | | shall draw lots to determine which member has a 2-year term, | 12 | | 4-year term, and 6-year term. At the conclusion of each | 13 | | elected member's term thereafter, each member shall be elected | 14 | | for a 6-year term.
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