(70 ILCS 705/0.01) (from Ch. 127 1/2, par. 20.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Fire Protection District Act.
(Source: P.A. 86-1324.)
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(70 ILCS 705/1) (from Ch. 127 1/2, par. 21)
Sec. 1.
It is hereby declared as a matter of legislative determination
that in order to promote and protect the health, safety, welfare and
convenience of the public, it is necessary in the public interest to provide for the
creation of municipal corporations known as fire protection districts and
to confer upon and vest in the fire protection districts all powers necessary
or appropriate in order that they may engage in the acquisition, establishment,
maintenance and operation of fire stations, facilities, vehicles, apparatus
and equipment for the prevention and control of fire therein and the underwater
recovery of drowning victims, and provide as nearly adequate protection
from fire for lives and property within the districts as possible and regulate
the prevention and control of fire therein; and that the powers herein
conferred upon such fire protection districts are public objects and governmental
functions in the public interest.
Whenever any territory is (1) an area of contiguous territory in a county,
or in more than one but in not more than 5 counties; (2) so situated that
the destruction by fire of the buildings and other property therein is
hazardous to the lives and property of the public; (3) so situated that the acquisition,
establishment, maintenance and operation of a fire station or stations,
facilities, vehicles, apparatus and equipment for the prevention and control
of fire therein will conduce to the promotion and protection of the health,
safety, welfare and convenience of the public; (4) so situated that it does
not divide any city, village or incorporated town, but, in the case of a
city, village or incorporated town situated partly within and partly without
one or more existing fire protection districts, such territory shall not
be considered as dividing the city, village or incorporated town if it includes
all of the city, village or incorporated town situated outside of any existing
fire protection district; (5) so situated that such territory contains no
territory included in any other fire protection district, or if any territory
is disconnected in the manner provided in Section 16c of this Act, the same
may be incorporated as a fire protection district. For the purpose of
meeting the requirement of item (1) that the territory be contiguous,
territory shall be considered to be contiguous if the only separation
between parts of such territory is land owned by the United States, the
State of Illinois, or any agency or instrumentality of either. In the case of territory
disconnected from an existing district pursuant to Section 16c of this Act,
such territory may be incorporated
as provided in that Section; otherwise such districts may be incorporated
under this Act in the manner following:
Fifty or more of the legal voters resident within the limits of the proposed
district, or a majority thereof if less than 100, may petition the circuit
court for the county which contains all or the largest portion of the proposed
district to cause the question to be submitted to the legal voters of the
proposed district, whether the proposed territory shall be organized as
a fire protection district under this Act; the petition shall be addressed
to the court and shall contain a definite description of the boundaries
of the territory to be embraced in the proposed district, and the name of
the proposed district and shall allege facts in support of the organization
and incorporation.
Upon filing a petition in the office of the circuit clerk of the county
in which the petition is made, the court shall fix a time and place for
a hearing upon the subject of the petition.
Notice shall be given by the court to which the petition is addressed,
or by the circuit clerk or sheriff of the county in which the petition is
made at the order and direction of the court, of the time and place of the
hearing upon the subject of the petition at least 20 days prior thereto
by one publication thereof in one or more daily or weekly papers published
within the proposed fire protection district (or if no daily or weekly newspaper
is published within such proposed fire protection district, then either
by one publication thereof in any newspaper of general circulation within
that territory or by posting at least 10 copies of the notice in the district
at least 20 days before the hearing in conspicuous places as far separated
from each other as consistently possible), and by mailing a copy of the
notice to the mayor or president of the board of trustees of all cities,
villages and incorporated towns in whole or in part within the proposed
fire protection district.
At the hearing all persons residing in or owning property situated in the
proposed fire protection district shall have an opportunity to be heard;
and if the court finds that the petition does not comply with the provisions
of this Act or that the allegations of the petition are not true, the court
shall dismiss the petition; but if the court finds that the petition complies
with the provisions of this Act and that the allegations of the petition
are true, the same shall be incorporated in an order which shall be filed
of record in the court. Upon
the entering of such order
the court shall order the submission to the legal voters of the proposed
fire protection district the question of organization and establishment
of the proposed fire protection district at an election. The circuit clerk
shall certify the question and the order to the proper election officials
who shall submit the question at an election in accordance with the general
election law.
The notice of the referendum shall specify the purpose of such election
with a description of the proposed district.
The question shall be in substantially the following form:
For Fire Protection District. Against Fire Protection District.
The court shall cause a written statement of the results of such election
to be filed of record in the court. If
no city or village or incorporated town nor any part thereof is included
in the territory proposed as a district and the majority of the votes cast
at such election upon the question shall be in favor of the incorporation
of the proposed fire protection district, or if a city or village or incorporated
town or any part thereof is included in the territory proposed as a district
and a majority of the votes cast
at such election upon the question, within the limits of each city or village
or incorporated town and also a majority of those cast outside the limits
of each such city or village or incorporated town shall be in favor of the
proposed fire protection district, or if a city or village or
incorporated town is included in the territory proposed
as a district and a majority of the votes cast at such election upon the
question within the limits of such city or village or incorporated town
or in any other city or village or incorporated town
which is included in the proposed territory shall be in
favor of the proposed fire protection district, and even if a majority of
the votes cast outside the limits of such city or cities or village or
villages or incorporated town or towns, are not in favor
of the proposed fire protection district, in each city or village or
incorporated town which casts a majority of votes in
favor of the proposed district, the proposed district or portion
of the proposed district in which a majority of the votes cast at the
election are in favor
of the proposition as provided in this amendatory Act of 1986 shall
thenceforth be deemed
an organized fire protection district under this Act, and the
court shall enter an order accordingly and cause the same to be filed
of record in the court and shall also cause
to be sent to the county
clerk of any and all other counties in which any portion of the district
lies and the Office of the State Fire Marshal a certified copy of the order
organizing the district and a plat of the same indicating what lands of
the district lie in such other county or counties. The circuit clerk shall
also file with the Office of the State Fire Marshal a certified copy of
any other order organizing any other fire protection district which may
have been theretofore organized in the county.
(Source: P.A. 85-1434.)
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(70 ILCS 705/1.01) (from Ch. 127 1/2, par. 21a)
Sec. 1.01.
Where an election has been held to organize any territory as a
Fire Protection District under this Act, at which election a majority of
the votes cast in the territory proposed to be organized was against the
organization of a Fire Protection District, or in case a city, village or
incorporated town is in the territory sought to be organized, then if the
proposition failed to receive a majority of the votes cast either in such
city, village or incorporated town or in the territory outside of such
city, village or incorporated town, then no subsequent election shall be
held to organize such territory, or any part thereof, into a Fire
Protection District for a period of one year after such election.
(Source: P.A. 84-1421.)
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(70 ILCS 705/1.02) (from Ch. 127 1/2, par. 21b)
Sec. 1.02.
When an election is held to organize a fire protection district
and the proposition fails, and the proposed district is wholly included
in, or is coterminous with, a municipality, the cost of conducting the election
shall be paid by the municipality. Where the proposed fire protection district
being voted upon in an election does not fall entirely within one municipality
and the proposition fails, the cost of conducting the election shall be
paid by the county, and where the district includes territory in more than
one county and the proposition fails, such costs shall be apportioned between
or among the counties according to the number of precincts within each county
which lie in the proposed district. Where the proposition prevails, the
fire protection district shall pay the cost of the election. The court
shall assess the cost of conducting the election and shall submit a bill
for payment to such fire protection district, municipality, county, or counties.
(Source: P.A. 80-314.)
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(70 ILCS 705/1.03) (from Ch. 127 1/2, par. 21c)
Sec. 1.03.
Whenever a proposition or public question is required to be
submitted, pursuant to this Act, for approval or rejection by the electors
at an election, the time and manner of conducting such referendum shall
be in accordance with the general election law of the State.
(Source: P.A. 81-1489.)
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(70 ILCS 705/1.04) (from Ch. 127 1/2, par. 21d)
Sec. 1.04.
Whenever a county clerk or other election authority places
upon a ballot the question of creating or altering a fire protection
district, such clerk or other election authority shall notify the Office of the
State Fire Marshal that such a proposition is to be put before the
electorate. Such notice shall be sent to the Office of the State Fire Marshal
within 10 working days after the question is certified to the clerk or
other election authority.
(Source: P.A. 84-1421.)
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(70 ILCS 705/1.05) (from Ch. 127 1/2, par. 21e)
Sec. 1.05.
The Office of the State Fire Marshal may distribute grants
to groups of registered voters to defray the expenses of organizing a new
fire protection district. Such grants shall not exceed $500 to any group
or area. Where an area has obtained such a grant, the area, or any part of
it, shall not be
eligible for another such grant for 2 years. The Office of the State Fire
Marshal shall promulgate rules and regulations to administer such grants.
(Source: P.A. 84-1421.)
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(70 ILCS 705/2) (from Ch. 127 1/2, par. 22)
Sec. 2.
All courts in this State shall take judicial notice of the
existence of all fire protection districts organized under this Act and
every such district shall constitute a body corporate and as such may sue
or be sued in all courts.
(Source: P.A. 83-345.)
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(70 ILCS 705/3) (from Ch. 127 1/2, par. 23)
Sec. 3.
Additional contiguous territory having the qualifications set
forth in Section 1 may be added to any fire protection district as
provided for in this Act in the manner following:
(a) One percent or more of the legal voters resident within the limits of
the proposed addition to the fire protection
district may petition the
court of the county in which the original petition for the formation of
the fire protection district was filed, to cause the question to be
submitted to the legal voters of the proposed additional territory
whether the proposed additional territory shall become a part of any
contiguous fire protection district organized under this Act and whether
the voters of the additional territory shall assume a proportionate
share of the bonded indebtedness of the district. The petition shall
be addressed to the court and shall contain a definite description of
the boundaries of the territory to be embraced in the proposed addition
and shall allege facts in support of such addition.
Upon filing the petition in the office of the circuit clerk of the
county in which the original petition for the formation of the fire
protection district was filed, it shall be the duty of the court to fix
a time and place of a hearing upon the subject of the petition.
Notice shall be given by the court, or by the circuit clerk or
sheriff upon order of the court of the county in which the petition is
filed, of the time and place of a hearing upon the petition in the
manner as provided in Section 1. The conduct of the hearing on the question whether the
proposed additional territory shall become a part of the fire protection
district shall be carried out in the manner described in Section 1, as
nearly as may be. The question shall be in substantially the following form:
For joining the.... FireProtection District and assuming aproportionate share of bondedindebtedness, if any. Against joining the.... FireProtection District and assuming aproportionate share of bondedindebtedness, if any.
If a majority of the votes cast at the election upon the question of
becoming a part of any contiguous fire protection district are in favor
of becoming a part of that fire protection district and if the trustees
of the fire protection district accept the proposed additional
territory by resolution, the proposed additional territory shall be
deemed an integral part of that fire protection district and shall be
subject to all the benefits of service and responsibilities of the
district as set forth in this Act.
(a-5) Any fire protection district organized under the provisions of this Act may be simultaneously dissolved and consolidated into an adjoining fire protection district upon like petition, hearing and election as is provided under Section 1 of this Act for the organization of such district, except that the ballot for such election shall be in substantially the following form: Shall the ... Fire Protection Districtdissolve and be consolidated YES into the ... Fire Protection District? NO If a majority of the votes cast on the question at such election are in favor of such dissolution and consolidation, and if the board of trustees of the adjoining district agrees by resolution to accept the territory comprising the dissolved district, the circuit court of the county in which the petition was filed shall enter an order on the records of the court dissolving and consolidating such district. On the effective date of the simultaneous dissolution and consolidation, all the rights, powers, duties, assets, property, liabilities, indebtedness, obligations, bonding authority, taxing authority, and responsibilities of the former district shall vest in and be assumed by the fire protection district assuming the territory of the former district. (b) The owner or owners of any tract or tracts of land, contiguous to an
existing fire protection district and not already included in a fire
protection district, may file a written petition, addressed to the
trustees of the fire protection district to which they seek to have
their tract or tracts of land attached, containing a definite
description of the boundaries of the territory and a statement that they
desire that their property become a part of the fire protection district
to which their petition is addressed, and that they are willing that
their property assume a proportionate share of the bonded indebtedness,
if any, of the fire protection district.
When such a petition is filed with the trustees, they shall
immediately pass a resolution to accept or reject the territory proposed
to be attached. If the trustees resolve in favor of accepting the
territory, they shall file with the court of the county where the fire
protection district was organized the original petition and a certified
copy of the resolution, and the court shall then enter an order stating
that the proposed annexed territory shall be deemed an integral part of
that fire protection district and subject to all of the benefits of
service and responsibilities of the district. The circuit clerk shall
transmit a certified copy of the order to the county
clerk of each county in which any of the territory affected is situated
and to the State Fire Marshal.
(c) Upon the annexation of territory by a district, the boundary shall
extend to the far side of any adjacent highway and shall include all of
every highway within the area annexed. These highways shall be considered
to be annexed even though not included in the legal description set forth
in the petition for annexation.
(Source: P.A. 98-1003, eff. 1-1-15.)
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(70 ILCS 705/3.1) (from Ch. 127 1/2, par. 23.1)
Sec. 3.1.
Annexation under a comprehensive county fire protection plan.
(a) Additional contiguous territory having the qualifications set forth
in Section 1 and in this Section may be added to a fire protection district
as provided in this Section, but only if the ISO rating of the district
will not be adversely affected by adding the contiguous territory.
(b) If the territory is unincorporated, is not part of a fire protection
district, and does not have available a source of fire protection on a
voluntary or contractual basis, then the territory may be added to a fire
protection district by action of the county board of the county in which
the territory is located as part of a comprehensive county fire protection
plan adopted under subsection (c).
(c) If the county board proposes to adopt a comprehensive county fire
protection plan for the purpose of ensuring that fire protection is
available throughout the unincorporated areas of the county, it shall fix a
time and a place for a hearing on the question. The county board shall give
notice of the time and place of the hearing, the question to be heard, and
a description of the unincorporated territory without fire protection as
follows: (i) to the president of each fire protection district located
within the county by certified U. S. mail deposited for
mailing at least 20 days before the hearing; and (ii) by one publication
at least 14 days before the hearing in one or more newspapers having general
circulation within the county. The plan shall propose that all the
unincorporated territory without fire protection be added to one or more
fire protection districts. At the hearing all persons having an interest
in the matter shall have an opportunity to be heard.
(d) If, after the hearing, the county board proposes to proceed with
adoption of the comprehensive county fire protection plan, it shall notify
the appropriate election officials, who shall submit the question of
approval of the plan to the electors of the entire county
in accordance with the general election law. If a
majority of those voting on the question are in favor of adopting the plan,
it shall be adopted.
(e) If, after the adoption of a comprehensive county fire protection
plan, the county board determines to add any territory to a fire protection
district, it shall do so by ordinance. The ordinance shall describe the
territory and shall specify a date, not more than one year after the
adoption of the ordinance, at which time the territory shall be considered
added to and a part of the fire protection district. A certified copy of
the ordinance shall be transmitted to each of the following: the county
clerk, the secretary of the fire protection district, and the State Fire
Marshal. On the date specified in the ordinance, the territory shall
become an integral part of the fire protection district and subject to all
of the benefits of service and responsibilities of the district.
(Source: P.A. 86-568.)
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(70 ILCS 705/3.2) (from Ch. 127 1/2, par. 23.2)
Sec. 3.2.
Annexation of surrounded unincorporated territory under 60 acres.
(a) Unincorporated territory containing 60 acres or less that is wholly
bounded by (i) one or more fire protection districts, (ii) one or more fire
protection districts and one or more municipalities that provide fire
protection services within those municipalities, or (iii) one or more fire
protection districts, one or more municipalities that provide fire
protection services within those municipalities, and a forest preserve
district, may be annexed by a fire protection district by which the territory
is bounded in whole or in part. The annexation shall be accomplished by
passing an ordinance to that effect after notice is given as provided in
this Section. For purposes of this Section, "municipality" is defined as in
Section 1-1-2 of the Illinois Municipal Code.
(b) The board of trustees of the annexing fire protection district shall
publish notice of the proposed annexation once, at least 10 days before
passing the annexation ordinance, in a newspaper of general circulation
within the territory to be annexed. In addition, if the territory to be
annexed lies wholly or partially within a township other than a township in
which the fire protection district is situated, the fire protection district
shall give written notice of the proposed annexation, at least 10 days before
passing the annexation ordinance, to the supervisor of that township in which
the territory to be annexed lies. The notice published or given under this
subsection shall include a description of the territory to be annexed and the
time and place of the meeting at which the annexation ordinance is to be voted
on by the board of trustees.
(c) The annexation ordinance shall describe the territory to be annexed. A
certified copy of the ordinance, together with an accurate map of the
territory to be annexed, shall be filed with the clerk of the county in which
the territory to be annexed lies and with the State Fire Marshal.
(d) (Blank.)
(e) Nothing in this Section shall be construed as permitting a fire
protection district to annex territory of a forest preserve district in a
county with a population of 3,000,000 or more without obtaining the consent
of the forest preserve district under Section 8.3 of the Cook County Forest
Preserve District Act.
(Source: P.A. 93-364, eff. 1-1-04.)
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(70 ILCS 705/3.3) Sec. 3.3. Annexation of covered areas. A fire protection district may annex into its jurisdiction property for which the district is providing coverage under Section 10.2 of the Emergency Telephone System Act by adoption of an ordinance annexing the property. In addition to the required public notifications prior to an ordinance adoption, the fire protection district shall give notice by U.S. certified mail at least 20 days prior to the hearing to the property owner or owners of the time and place of the hearing and a copy of the proposed ordinance. At the hearing, all persons having an interest in the matter shall have an opportunity to be heard. Following adoption of the annexation ordinance, a certified copy of the annexation ordinance shall be transmitted by the secretary of the district to each of the following: the county clerk of the county in which the property is located; the Office of the State Fire Marshal; and the owner or owners of the property or properties annexed by the ordinance. On the date specified in the annexation ordinance, the property or properties shall become an integral part of the fire protection district and subject to all of the benefits of service and responsibilities of the district.
(Source: P.A. 100-547, eff. 1-1-18.) |
(70 ILCS 705/4) (from Ch. 127 1/2, par. 24)
Sec. 4. Trustees; conflict of interest; violations.
(a) A board of trustees consisting of 3 members for the
government and control of the affairs and business of a fire protection
district incorporated under this Act shall be created in the following
manner:
(1) If the district lies wholly within a single | ||
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(2) If the district is wholly contained within a | ||
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(3) If the district is wholly contained within a | ||
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(4) If the district is located in more than one | ||
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(A) In counties with a population of 3,000,000 or | ||
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(B) In counties with a population of less than | ||
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Upon the expiration of the term of a trustee who is in office on October
1, 1975, the successor shall be a resident of whichever county is entitled
to such representation in order to bring about the proportional
representation required herein, and he shall be appointed by the county
board of that county, or in the case of a home rule county as defined by
Article VII, Section 6 of the Constitution of 1970, the chief executive
officer of that county, with the advice and consent of the county board.
Thereafter, each trustee shall be succeeded by a resident of the same
county who shall be appointed by the same appointing authority; however,
the provisions of the preceding paragraph shall apply to the
appointment of the successor to each trustee who is in office at the
time of the publication of each decennial Federal census of population.
Within 60 days after the adoption of this Act as provided in Section
1, or within 60 days after the adoption of an ordinance pursuant to subsection
(c) of Section 4.01, the appropriate appointing authority shall appoint
3 trustees who are electors in the district, not more than one of whom
shall be from any one city or village or incorporated town in a district
unless such city or village or incorporated town has more than 50% of the
population in the district according to last preceding Federal census.
Such trustees shall hold their offices thenceforward and for one, 2 and 3
years from the first Monday of May next after their appointment and until
their successors have been selected and qualified and thereafter, unless
the district has determined to elect trustees as provided in Section 4a, on
or before the second Monday in April of each year the appointing authority
shall appoint one trustee whose term shall be for 3 years commencing on the
first Monday in May next after they are respectively appointed. The length
of term of the first trustees shall be determined by lot at their first meeting.
Each trustee shall, before entering on the duties of his office,
enter into bond with security to be approved by the appointing authority
in such sum as the authority may determine.
A majority of the board of trustees shall constitute a quorum, but a
smaller number may adjourn from day to day. No trustee or employee of
such district shall be directly or indirectly interested financially in
any contract work or business or the sale of any article, the expense,
price or consideration of which is paid by the district; nor in the
purchase of any real estate or other property, belonging to the
district, or which shall be sold for taxes or assessments or by virtue
of legal process at the suit of the district. Nothing in this Section
prohibits the appointment or selection of any person or trustee or
employee whose only interest in the district is as an owner of real
estate in such fire protection district or of contributing to the
payment of taxes levied by the district. The trustees shall have the
power to provide and adopt a corporate seal for the district.
(b) However, any trustee may provide materials, merchandise, property,
services or labor, if:
A. the contract is with a person, firm, partnership, | ||
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B. such interested trustee publicly discloses the | ||
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C. such interested trustee abstains from voting on | ||
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D. such contract is approved by a majority vote of | ||
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E. the contract is awarded after sealed bids to the | ||
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F. the award of the contract would not cause the | ||
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(c) In addition to the above exemption, any trustee or employee
may provide materials, merchandise,
property, services or labor if:
A. the award of the contract is approved by a | ||
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B. the amount of the contract does not exceed $1000; | ||
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C. the award of the contract would not cause the | ||
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D. such interested member publicly discloses the | ||
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E. such interested member abstains from voting on the | ||
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(d) A contract for the procurement of public utility services by a
district with a public utility company is not barred by this Section
by one or more members of the board of trustees being an officer or
employee of the public utility company or holding an ownership interest
if no more than 7 1/2% in the public utility company, or holding an ownership
interest of any size if the fire protection district has a population of less than
7,500 and the public utility's rates are approved by the Illinois Commerce
Commission. An elected or appointed member of the board of trustees having
such an interest shall be deemed not to have a prohibited interest under this
Section.
(e) Any officer or employee who violates this Section is guilty of a Class 4
felony and in addition thereto any office held by such person so
convicted shall become vacant and shall be so declared as part of the
judgment of the court.
(f) Nothing contained in this Section, including the restrictions
set forth in subsections (b), (c) and (d), shall preclude a contract of
deposit of monies, loans or other financial services by a fire protection
district with a local bank or local savings and loan association, regardless of
whether a member or members of the board of trustees of the fire protection
district are interested in such bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the total
ownership interest. A member or members holding such an interest in
such a contract shall not be deemed to be holding a prohibited interest
for purposes of this Act. Such interested member or members of the
board of trustees must publicly state the nature and extent of their
interest during deliberations concerning the proposed award of such a
contract, but shall not participate in any further deliberations
concerning the proposed award. Such interested member or members shall
not vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this Section may be
considered present for purposes of establishing a quorum. Award of such
a contract shall require approval by a majority vote of those members
presently holding office. Consideration and award of any such contract
in which a member or members are interested may only be made at a
regularly scheduled public meeting of the board of trustees of the
fire protection district.
(g) Beginning on the effective date of this amendatory Act of 1990 and
ending 3 years after the effective date of this amendatory Act of 1990, in
the case of a fire protection district board of trustees in a county with a
population of more than 400,000 but less than 450,000, according to the 1980
general census, created under subsection (a), paragraph (3) of this
Section a petition for the redress of a trustee, charging the trustee with
palpable omission of duty or nonfeasance in office, signed by not less than
5% of the electors of the district may be presented to the township
supervisor or the presiding officer of the county board, as appropriate.
Upon receipt of the petition, the township supervisor or presiding officer
of the county board, as appropriate, shall preside over a hearing on the
matter of the requested redress. The hearing shall be held not less than
14 nor more than 30 days after receipt of the petition. In the case of a
fire protection district trustee appointed by the presiding officer of the
county board, the presiding officer shall appoint at least 4 but not more
than 8 members of the county board, a majority of whom shall reside in a county
board district in which the fire protection district is wholly or partially
located, to serve as the hearing panel. In the case of a fire protection
district trustee appointed by the board of town trustees, the township
supervisor and 2 other town trustees appointed by the supervisor shall
serve as the hearing panel. Within 30 days after the hearing, the panel
shall issue a statement of its findings concerning the charges against the
trustee, based upon the evidence presented at the hearing, and may make to
the fire protection district any recommendations deemed appropriate.
(h) Any elected or appointed trustee of a fire protection district shall be entitled to absent himself or herself from any services or employment in which the trustee is then engaged or employed on the day and time of a meeting of the board of trustees of the fire protection district for the period of time during which the meeting is held and during any necessary time required to travel to and from the meeting. Any trustee availing himself or herself of this provision shall not be penalized in any manner by his or her employer as a result of an absence authorized by this subsection; however, the employer shall not be required to compensate the trustee for the time during which the trustee is absent. No employer shall refuse to grant to a trustee of a fire protection district the privilege granted by this subsection, nor shall any employer penalize or otherwise discriminate against any trustee who avails himself or herself of the provisions of this subsection, except as otherwise provided herein. No employer may directly or indirectly violate the provisions of this subsection. A "meeting" for purposes of this subsection shall have the same meaning as that provided under Section 1.02 of the Open Meetings Act. (i) Under either of the following circumstances, a trustee may hold a position on the board of a not-for-profit corporation that is interested in a contract, work, or business of the fire protection district: (1) If the trustee is appointed by the governing body | ||
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(2) If the trustee is not appointed to the board of a | ||
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(Source: P.A. 95-866, eff. 1-1-09; 96-1039, eff. 7-14-10.)
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(70 ILCS 705/4.01) (from Ch. 127 1/2, par. 24.01)
Sec. 4.01. Five-member boards.
(a) Any appointed board of trustees of a fire protection district may
provide for the establishment of a 5-member board of trustees by adopting
an ordinance to that effect. An appointed board of trustees shall also be
increased to a 5-member board upon the adoption of a proposition to
increase the board as provided in subsection (b) of this Section. When such
an ordinance or proposition has been adopted, the appropriate appointing
authority shall, within 60 days of the date of the adoption of the
ordinance or proposition, appoint 2 additional trustees to the board of
trustees, one to hold office for 2 years and one to hold office for 3 years
from the first Monday of May next after their appointment and until their
successors are appointed and have qualified. The lengths of the terms of
these 2 additional members shall be determined by lot at the first meeting
of the board of trustees held after the 2 additional members take office.
The 3 trustees already holding office in the district shall continue to
hold office for the remainder of their respective terms. Thereafter, on or
before the second Monday in April of each year the appropriate appointing
authority shall appoint one trustee or 2 trustees, as shall be necessary to
maintain a 5-member board of trustees, whose terms shall be for 3 years
commencing the first Monday in May of the year in which they are
respectively appointed.
(b) Upon presentation to an elected or appointed 3-member board
of trustees of a petition, signed by not less than 5% of the electors of
the district governed by the board, requesting that a proposition to
increase the board of trustees to a 5-member board be submitted to the
electors of the district, the secretary of the board of trustees shall
certify the proposition to the appropriate election authorities who shall
submit the proposition at a regular election in accordance with the general
election law. The general election law shall apply to and govern the
election. The proposition shall be in substantially the following form:
"Shall the number of trustees YESof the Fire Protection District be increased from 3 to 5?" NO
If a majority of the votes cast on the proposition are in the
affirmative, the board of trustees of the district shall thereafter be
increased to a 5-member board and the 2 additional trustees shall be
elected or appointed as provided by this Section.
(c) Any appointed board of trustees of a fire protection district
that has established a 5-member board of trustees by ordinance under
subsection (a) may provide for a return to a 3-member board of trustees by
adopting an ordinance to that effect. The terms of the 5 persons serving
on the board at the time of the adoption of the ordinance shall be
terminated upon the adoption of the ordinance, except that they shall
continue to serve until the 3-member board under this subsection (c) has
been selected and qualified. The appropriate appointing authority shall
appoint the 3-member board within 60 days after the adoption of the
ordinance. The appointments shall be made under Section 4. Persons
serving on the 5-member board shall be eligible for appointment to the
3-member board under this subsection (c).
(d) Beginning on August 17, 1990, and ending 3 years after that date, in
the case of a fire protection district board of trustees in a county with a
population of more than 400,000 but less than 450,000, according to the 1980
general census, created under Section 4, subsection (a), paragraph (3) of
this Act that has established a 5-member board of trustees under this
Section a petition for the redress of a trustee, charging the trustee with
palpable omission of duty or nonfeasance in office, signed by not less than
5% of the electors of the district may be presented to the township
supervisor or the presiding officer of the county board, as appropriate.
Upon receipt of the petition, the township supervisor or presiding officer
of the county board, as appropriate, shall preside over a hearing on the
matter of the requested redress. The hearing shall be held not less than
14 nor more than 30 days after receipt of the petition. In the case of a
fire protection district trustee appointed by the presiding officer of the
county board, the presiding officer shall appoint at least 4 but not more
than 8 members of the county board, a majority of whom shall reside in a county
board district in which the fire protection district is wholly or partially
located, to serve as the hearing panel. In the case of a fire protection
district trustee appointed by the board of town trustees, the township
supervisor and 2 other town trustees appointed by the supervisor shall
serve as the hearing panel. Within 30 days after the hearing,
the panel shall issue a statement of its findings concerning the charges
against the trustee, based upon the evidence presented at the hearing, and
may make to the fire protection district any recommendations deemed
appropriate.
(e) In a district governed by an elected or appointed 5-member board, upon presentation of a petition, signed by not less than 5% of the electors of the district governed by the board, requesting that a proposition to decrease the board of trustees to a 3-member board be submitted to the electors of the district, the secretary of the board of trustees shall certify the proposition to the appropriate election authorities who shall submit the proposition at a regular election in accordance with the general election law. The general election law shall apply to and govern the election. The election authority must submit the question in substantially the following form: Shall the number of trustees of the fire protection | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the votes cast on the proposition are in the affirmative, the board of trustees of the district shall be decreased to a 3-member board. The terms of the 5 persons serving on the board at the time of the reduction of the number of members to 3 shall terminate upon certification of the election results, except that they shall continue to serve until the 3-member board is appointed and qualified or elected and qualified. In the case of an appointed board, the appointing authority shall within 60 days after the certification of the election results, appoint 3 trustees to the board with terms starting the first Monday in May next following the election where the decrease in the board's size is approved. The terms of the appointed trustees shall be determined by lot at the first board meeting following the election. One trustee shall have a term of 3 years, one trustee shall have a term of 2 years, and one trustee shall have a term of one year. Thereafter, all terms shall be for 3 years. In the case of an elected board, 3 trustees shall be elected at the next election at which fire protection district trustees are to be elected under the general election law. The terms of the trustees shall be determined by lot at the first board meeting following the election. One elected trustee shall have a term of 6 years, one trustee shall have a term of 4 years, and one trustee shall have a term of 2 years. Thereafter, the terms of all elected trustees shall be 6 years. (Source: P.A. 96-1349, eff. 7-28-10.)
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(70 ILCS 705/4.02) (from Ch. 127 1/2, par. 24.02)
Sec. 4.02.
In a district governed by an elected or appointed 5-member
board, upon presentation of a petition, signed by not less than 5% of the
electors of the district governed by the board, requesting that a
proposition to increase the board of trustees to a 7-member board be
submitted to the electors of the district, the secretary of the board of
trustees shall certify the proposition to the appropriate election
authorities who shall submit the proposition at a regular election in
accordance with the general election law. The general election law shall
apply to and govern such election. The proposition shall be in
substantially the following form:
Shall the number of trustees YES of ..... Fire Protection District be increased from 5 to 7? NO
If a majority of the votes cast on such proposition are in the
affirmative, the board of trustees of the district shall thereafter be
increased to a 7-member board and the 2 additional trustees shall be
appointed as provided by Section 4.01 in a district governed by an
appointed board of trustees.
In a district governed by an elected 5-member board, if a majority of the
votes cast on such proposition are in the affirmative, three trustees shall
be elected at the next consolidated election and shall
serve one for 2
years, one for 4 years and one for 6 years, the length of the term of each
to be determined by lot at the first board meeting following the election.
Thereafter, one trustee or two trustees, as necessary to maintain a
7-member board of trustees, shall be elected at the election provided by
the general election law for a term of 6 years.
Trustees in office on the effective date of this amendatory Act of 1987
shall continue to hold office for the remainder of their terms. The term
of each elected trustee shall commence on the first Monday in the month
following his election and each shall hold office until his term expires
and until a successor
is elected and qualified.
(Source: P.A. 90-358, eff. 1-1-98.)
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(70 ILCS 705/4.03) Sec. 4.03. Elected 5-member board. (a) Any elected board of trustees of a fire protection district may provide for the establishment of a 5-member board of trustees by adopting an ordinance to that effect. If an ordinance is adopted to establish a 5-member board, then 2 trustees shall be elected at the next consolidated election for trustees as provided in the general election law and shall serve one for 2 years and one for 4 years, the length of the term of each to be determined by lot at the first board meeting following the election. Thereafter, one trustee or 2 trustees, as necessary to maintain a 5-member board of trustees, shall be elected at the election provided by the general election law for a term of 6 years.
Trustees in office on the effective date of this amendatory Act of the 96th General Assembly shall continue to hold office for the remainder of their terms. The term of each elected trustee shall commence on the first Monday in the month following his or her election and each shall hold office until his or her term expires and until a successor is elected and qualified. (b) Any elected board of trustees of a fire protection district that has established a 5-member board of trustees by ordinance under subsection (a) may provide for a return to a 3-member board of trustees by adopting an ordinance to that effect. The terms of the 5 persons serving on the board at the time of the adoption of the ordinance shall be terminated upon the adoption of the ordinance, except that they shall continue to serve until the 3-member board under this subsection (b) has been elected and qualified. If an ordinance is adopted to return to a 3-member board, then the 3 trustees shall be elected at the next consolidated election for trustees as provided in the general election law. Persons serving on the 5-member board shall be eligible for election to the 3-member board under this subsection (b).
(Source: P.A. 96-172, eff. 8-10-09.) |
(70 ILCS 705/4.04) Sec. 4.04. Change from a 7-member board to a 5-member or 3-member board. In a district governed by an elected or appointed 7-member board, upon presentation of a petition, signed by not less than 5% of the electors of the district governed by the board, requesting that a proposition to decrease the board of trustees to a 5-member or 3-member board be submitted to the electors of the district, the secretary of the board of trustees shall certify the proposition to the appropriate election authorities who shall submit the proposition at a regular election in accordance with the general election law. The general election law shall apply to and govern the election. The election authority must submit the question in substantially the following form: Shall the number of trustees of the fire protection | ||
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The election authority must record the votes as "Yes" or "No". If a majority of the votes cast on the proposition are in the affirmative, the board of trustees of the district shall be decreased to a 5-member or 3-member board, as applicable. The terms of the 7 persons serving on the board at the time of the reduction of the number of members to 5 or 3 shall terminate upon certification of the election results, except that they shall continue to serve until the 5-member or 3-member board is appointed and qualified or elected and qualified. In the case of an appointed board, the appointing authority shall within 60 days after the certification of the election results, appoint 3 or 5 trustees, as the case may be, to the board of trustees with terms starting the first Monday in May next following the election where the decrease in the board's size is approved. The terms of the appointed trustees shall be determined by lot at the first board meeting following the election. In the case of a 5-member board, 2 trustees shall have a 3-year term, 2 trustees shall have a 2-year term, and one trustee shall have a one-year term. In the case of a 3-member board, one trustee shall have a 3-year term, one trustee shall have a 2-year term, and one trustee shall have a one-year term. Thereafter, all terms shall be for 3 years. In the case of an elected board, 3 or 5 trustees shall be elected at the next election at which fire protection district trustees are to be elected under the general election law. The terms of the trustees shall be determined by lot at the first board meeting following the election. In the case of a 5-member board, 2 elected trustees shall have a 2-year term, 2 trustees shall have a 4-year term, and one trustee shall have a 6-year term. In the case of a 3-member board, one elected trustee shall have a 6-year term, one trustee shall have a 4-year term, and one trustee shall have a 2-year term. Thereafter, the terms of all elected trustees shall be 6 years.
(Source: P.A. 96-1349, eff. 7-28-10.) |
(70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
Sec. 4a. Change to elected board of trustees; petition; election; ballot; nomination and election of trustees.
Any fire protection district organized under this Act may
determine, in either manner provided in the following items (1) and (2) of this
Section, to have an elected, rather than an appointed, board of trustees.
(1) If the district lies wholly within a single | ||
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(2) Upon presentation to the board of trustees of a | ||
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Shall the trustees of...... YES Fire Protection District be elected, rather than appointed? NO
If a majority of the votes cast on such proposition | ||
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At the next regular election for trustees as provided by the general election
law, a district that has approved by ordinance or referendum to have its
trustees elected rather than appointed shall elect 3, 5, or 7 trustees, as
previously determined by the organization of the district or as increased under
Section 4.01, 4.02, or 4.03. The initial elected trustees shall be elected for 2, 4,
and 6 year terms. In a district with 3 trustees, one trustee shall be elected
for a term of 2 years, one for a term of 4 years, and one for a term of 6
years. In a district with 5 trustees, 2 shall be elected for terms of 2
years, 2 for terms of 4 years, and one for a term of 6 years. In a district
with 7 trustees, 3 shall be elected for terms of 2 years, 2 for terms of 4
years, and 2 for terms of 6 years. Except as otherwise provided in Section
2A-54 of the Election Code, the term of each elected trustee shall
commence on the third Monday of the month following the month of his election
and until his successor is elected and qualified. The length of the terms of
the trustees first elected shall be determined by lot at their first meeting.
Except as otherwise provided in Section 2A-54 of the Election Code,
thereafter, each trustee shall be elected to serve for a term of 6 years
commencing on the third Monday of the month following the month of his election
and until his successor is elected and qualified.
No party designation shall appear on the ballot for election of trustees.
The provisions of the general election law shall apply to and govern
the nomination and election of trustees.
Nominations for members of the board of trustees shall be made by a petition signed by at least 25 voters or 5% of the voters, whichever is less, residing within the district and shall be filed with the secretary of the board. In addition to the requirements of general election law, the form of the petition shall be as follows:NOMINATING PETITIONS
To the Secretary of the Board of Trustees of (name of fire protection district): We, the undersigned, being (number of signatories or 5% or more) of the voters residing within the district, hereby petition that (name of candidate) who resides at (address of candidate) in this district shall be a candidate for the office of (office) of the Board of Trustees (full-term or vacancy) to be voted for at the election to be held (date of election). The secretary of the board shall notify each candidate for whom a petition for nomination has been filed of their obligations under the Campaign Financing Act, as required by the general election law. The notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law.
The secretary shall, within 7 days of filing or on the
last day for filing, whichever is earlier, acknowledge to the petitioner
in writing his acceptance of the petition.
The provisions of Section 4 relating to eligibility, powers and disabilities
of trustees shall apply equally to elected trustees.
Whenever a fire protection district determines to elect trustees as provided
in this Section, the trustees appointed pursuant to Section 4 shall continue
to constitute the board of trustees until the third Monday of the month
following the month of the first election of trustees.
If the term of office of any appointed trustees expires before the first
election of trustees, the authority which appointed that trustee under Section
4 of this Act shall appoint a successor to serve until a successor is
elected and has qualified. The terms of all appointed trustees in such
district shall expire on the third Monday of the month following the
month of the first election of trustees under this Section or when
successors have been elected and have qualified, whichever occurs later.
(Source: P.A. 95-331, eff. 8-21-07; 96-172, eff. 8-10-09.)
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(70 ILCS 705/4b) (from Ch. 127 1/2, par. 24.2)
Sec. 4b.
Any fire protection district, that has determined to have an elected
rather than an appointed board of trustees pursuant to Section 4a, may,
in the manner provided in this Section, revert to an appointed board of trustees.
Upon presentation to the board of trustees of a petition, signed by not
less than 10% of the electors of the district, requesting that a proposition
for the appointment of trustees be submitted to the electors of the district,
the board of trustees shall certify the proposition to the proper election
officials, who shall submit
such proposition to the electors of the district at an election in accordance
with the general election law. The proposition shall be in substantially
the following form:
Shall the trustees of.... Fire YES Protection District be appointed, rather than elected? NO
If a majority of the votes cast on such proposition are in the affirmative,
the trustees of the district shall thereafter be appointed as provided in Section 4.
(Source: P.A. 81-1489.)
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(70 ILCS 705/5) (from Ch. 127 1/2, par. 25)
Sec. 5.
Whenever a member of an elected board of trustees of a fire
protection district ceases to be an inhabitant of the district, his or
her office shall become immediately vacant. Whenever a vacancy in the
board of trustees occurs, either by death, resignation, refusal to qualify,
ceasing to be an inhabitant of the district, or for any other reason, the
vacancy shall be filled as follows: (i) if the vacancy is in a 3-member,
5-member, or 7-member appointed board, by the appropriate appointing authority,
and (ii) if the vacancy is in an elected board, by the elected board within 60
days after the vacancy occurs. The person appointed shall qualify for office
as provided in this Act and shall thereupon assume the duties of the office for
the unexpired term to which the person was appointed, except that in a district
in which trustees are elected, the person appointed to fill a vacancy shall
serve only until the first Monday of the month following the month of the next
regular election, and at that election a trustee shall be elected to fill the
vacancy for any balance of the unexpired term and until the elected trustee has
qualified.
(Source: P.A. 87-712; 88-440.)
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(70 ILCS 705/6) (from Ch. 127 1/2, par. 26)
Sec. 6. Board of trustees; powers. (a) The trustees shall constitute a board of trustees for the
district for which they are appointed, which board of trustees is
declared to be the corporate authority of the fire protection district,
and shall exercise all of the powers and control all the affairs and
property of such district.
The board of trustees at their initial
meeting and at their first meeting following the commencement of the
term of any trustee shall elect one of their number as president and one
of their number as secretary and shall elect a treasurer for the
district, who may be one of the trustees or may be any other citizen of
the district and who shall hold office during the pleasure of the board
and who shall give such bond as may be required by the board.
(b) Except as otherwise provided in Sections 16.01 through 16.18, the
board may appoint and enter into a multi-year contract not exceeding 3 years
with a fire chief and may appoint any firemen that may be necessary for the
district, who shall hold office during the pleasure of the board and who
shall give any bond that the board may require. The board may prescribe the
duties and fix the compensation of all the officers and employees of the fire
protection district.
(c) A member of the board of trustees of a
fire protection district may be compensated as follows: in a district
having fewer than 4 full time paid firemen, a sum not to exceed $1,000 per
annum; in a district having more than 3 but less than 10 full time paid
firemen, a sum not to exceed $1,500 per annum; in a district having
either 10 or more full time paid firemen, a sum not to exceed $2,000 per
annum. In addition, fire districts that operate an ambulance service
pursuant to authorization by referendum, as provided in Section 22, may
pay trustees an additional annual compensation not to exceed 50% of the
amount otherwise authorized herein. The additional compensation shall
be an administrative expense of the ambulance service and shall be paid
from revenues raised by the ambulance tax levy. In addition, any trustee of a fire protection district who completes a training program on fire protection district administration approved by the Office of the State Fire Marshal may receive additional compensation above the compensation otherwise provided in this Section. The additional compensation shall be equal to 50% of such other compensation. In order to continue to receive the additional compensation, the trustee must attend annual training approved by the Office of the State Fire Marshal on a continuing basis thereafter.
(d) The trustees also have
the express power to execute a note or notes and to execute a mortgage
or trust deed to secure the payment of such note or notes; such trust
deed or mortgage shall cover real estate, or some part thereof, or personal
property owned by the district and the lien of the mortgage shall apply to
the real estate or personal property so mortgaged by the district, and the
proceeds of the note or notes may be used in the acquisition of personal
property or of real estate or in the erection of improvements on such real
estate.
The trustees have express power to
purchase either real estate or personal property to be used for the
purposes of the fire protection district through contracts which provide
for the consideration for such purchase to be paid through installments
to be made at stated intervals during a certain period of time, but, in
no case, shall such contracts provide for the consideration to be paid
during a period of time in excess of 25 years.
(e) The trustees have
express power to provide for the benefit of its employees, volunteer
firemen and paid firemen, group life, health, accident, hospital and
medical insurance, or any combination thereof; and to pay for all or any
portion of the premiums on such insurance. Such insurance may include
provisions for employees who rely on treatment by spiritual means alone
through prayer for healing in accord with the tenets and practice of a
well recognized religious denomination.
(f) To encourage continued service with the district, the board of
trustees has the express power to award monetary incentives, not to exceed
$240 per year, to volunteer firefighters of the district based on the length
of service. To be eligible for the incentives, the volunteer firefighters
must have at least 5 years of service with the district. The amount of the
incentives may not be greater than 2% of the annual levy amount when all
incentive awards are combined.
(g) The board of trustees has express power to change the corporate
name of the fire protection district by ordinance,
provided that
notification of any change is given to the circuit clerk and the Office
of the State Fire Marshal.
(h) The board of trustees may impose reasonable civil penalties on
individuals who repeatedly cause false fire alarms.
(i) The board of trustees has full power to pass all necessary
ordinances, and rules and regulations for the proper management and conduct
of the business of the board of trustees of the fire protection district for
carrying into effect the objects for which the district was formed.
(Source: P.A. 95-331, eff. 8-21-07; 95-799, eff. 1-1-09; 96-1000, eff. 7-2-10.)
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(70 ILCS 705/6.1) (from Ch. 127 1/2, par. 26.1)
Sec. 6.1.
When an audit is required under the Governmental Account Audit
Act, the trustees of the Fire Protection District created under
this Act shall employ a person licensed to practice public accounting under
the laws of this State to annually audit the district's financial
statements of all accounts, funds, and other moneys in the care, custody,
or control of the trustees. The audit shall be conducted in accordance
with Generally Accepted Auditing Standards and in accordance with the
Governmental Account Audit Act. A fire protection
district receiving revenues of less than $850,000 for the fiscal year shall
prepare the
financial report required by Section 3 of the Governmental Account Audit Act.
In addition to any
other filing requirements, the audit report or financial report shall be
filed with the county
clerk of the county in which the Fire Protection District was organized as
a public record and a copy thereof shall be filed with the secretary of the
district as part of its corporate records.
(Source: P.A. 93-126, eff. 1-1-04.)
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(70 ILCS 705/6.2) (from Ch. 127 1/2, par. 26.2)
Sec. 6.2.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-731.)
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(70 ILCS 705/6.3) (Text of Section from P.A. 103-818) (This Section may contain text from a Public Act with a delayed effective date) Sec. 6.3. Health insurance; joint mental health therapy services. If a fire protection district is a self-insurer for purposes of providing health insurance coverage for officers and members of the fire department, the insurance coverage shall include joint mental health therapy services for any officer or member of the fire department and any spouse or partner of the officer or member who resides with the officer or member. The joint mental health therapy services provided under this Section shall be performed by a physician licensed to practice medicine in all of its branches, a licensed clinical psychologist, a licensed clinical social worker, a licensed clinical professional counselor, a licensed marriage and family therapist, a licensed social worker, or a licensed professional counselor.(Source: P.A. 103-818, eff. 1-1-25.) (Text of Section from P.A. 103-1011) (This Section may contain text from a Public Act with a delayed effective date) Sec. 6.3. Mental health counseling. (a) As used in this Section: "First responders" means firefighters, emergency medical services personnel, as that term is defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, dispatched pursuant to a 9-1-1 call, emergency medical dispatchers, as that term is defined in Section 3.70 of the Emergency Medical Services (EMS) Systems Act, and public safety telecommunicators, as that term is defined in Section 2 of the Emergency Telephone System Act. "Mental health counseling" means counseling therapy sessions provided by a clinical social worker, professional counselor, or licensed psychologist. (b) If a fire protection district is a self-insurer for purposes of providing health insurance coverage for its employees, the insurance coverage shall include, on and after June 1, 2025, mental health counseling for any employee who is a first responder without imposing a deductible, coinsurance, copayment, or any other cost-sharing requirement on the coverage provided, except that this Section does not apply to the extent such coverage would disqualify a high-deductible health plan from eligibility for a health savings account pursuant to Section 223 of the Internal Revenue Code.(Source: P.A. 103-1011, eff. 1-1-25.) |
(70 ILCS 705/7) (from Ch. 127 1/2, par. 27)
Sec. 7.
All ordinances imposing any penalty or making any appropriations
shall, within one month after they are passed, be published at least once
in a newspaper published in said district, or if no such newspaper of
general circulation is published therein, then either by one publication in
any newspaper of general circulation within said territory or by posting
copies of the same in ten public places in the district; and no such
ordinance shall take effect until ten days after it is so published or
posted, and all other ordinances and resolutions shall take effect from and
after their passage unless otherwise provided therein.
(Source: Laws 1955, p. 1206.)
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(70 ILCS 705/8) (from Ch. 127 1/2, par. 28)
Sec. 8.
All ordinances, orders, and resolutions and the date of publication
thereof, may be proven by the certificate of the secretary under the seal
of the corporation and when printed in book or pamphlet form and purporting
to be published by the board of trustees, such book or pamphlet shall be
received as competent evidence of the passage and legal publication of such
ordinances, orders and resolutions as of the dates mentioned in such book
or pamphlet, in all courts and places without further proof.
(Source: Laws 1949, p. 1484.)
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(70 ILCS 705/8.20)
Sec. 8.20. Open burning.
(a) The board of trustees of any fire protection district incorporated under
this Act may, by ordinance,
require that the district be notified of open burning within the district
before it takes
place, but shall not require that a permit for open burning be
obtained from the
district. The district may
not enforce an ordinance adopted under this Section within the corporate limits
of a county with a population of 3,000,000 or more or a municipality
with a population of 1,000,000 or more.
(b) The fire department of a fire protection district may extinguish any
open burn that presents a clear, present, and unreasonable danger to persons or
adjacent property or
that presents an unreasonable risk because of wind, weather, or the types of
combustibles. The
unreasonable risk may include the height of flames, windblown embers, the
creation of hazardous
fumes, or an unattended fire. Fire departments may not unreasonably interfere
with permitted and
legal open burning.
(c) The fire protection district may provide that persons setting open burns
on
any agricultural
land with an area of 50 acres or more may voluntarily comply with the
provisions of an ordinance
adopted under this Section.
(d) The fire chief or any other designated officer of a fire department of any fire protection district incorporated under this Act may, with the authorization of the board of trustees of the fire protection district, prohibit open burning within the district on an emergency basis, for a limited period of time, if (i) the atmospheric conditions or other circumstances create an unreasonable risk of fire because of wind, weather, or the types of combustibles and (ii) the resources of the fire department are not sufficient to control and suppress a fire resulting from one or more of the conditions or circumstances described in clause (i) of this subsection. For the purposes of this subsection, "open burning" includes, but is not limited to, the burning of landscape waste, agricultural waste, household trash, and garbage. (e) The fire chief or any other designated officer of a fire department of any fire protection district incorporated under this Act may fix, charge, and collect fees associated with the fire department extinguishing an open burning that is prohibited under subsection (d) of this Section. The fee may be imposed against any person causing or engaging in the prohibited activity. The total amount collected for compensation of the fire protection district shall be assessed in accordance with both the rates provided in Section 11f(c) of this Act and the fire chief's determination of the cost of personnel and equipment utilized to extinguish the fire. (f) This Section does not authorize the open burning of any waste. The open burning of waste is subject to the restrictions and prohibitions of the Environmental Protection Act and the rules and regulations adopted under its authority. (Source: P.A. 97-488, eff. 1-1-12; 98-279, eff. 8-9-13; 98-756, eff. 7-16-14.)
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(70 ILCS 705/9) (from Ch. 127 1/2, par. 29)
Sec. 9.
In acquiring from any city or village or incorporated town any fire
protection facilities including without limiting the generality of the
foregoing, all obligations under any pension or annuity plan or plans and
all other contractual liabilities applicable to the maintenance of fire
protection facilities, said fire protection district shall compensate said
city or village or incorporated town for the fair and reasonable value of
said works and if said value cannot be mutually agreed upon, then the same
shall be determined by a board of three engineers one appointed by the city
or village or incorporated town, one appointed by the district and the
third appointed by the two engineers selected as above described. A
decision of a majority of said board shall be binding upon both parties and
the cost of the services of said board shall be shared by both parties
equally.
(Source: Laws 1949, p. 1484.)
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(70 ILCS 705/10) (from Ch. 127 1/2, par. 30)
Sec. 10. The Board of Trustees of any fire protection district incorporated
under this Act has the power to acquire private property by gift, grant,
lease, purchase, condemnation or otherwise, within the boundaries of said
district, or within one mile beyond the boundaries of said district, for
the purposes herein specified and to adopt and enforce ordinances for the
necessary protection of sources of the water supply and also has power to
build houses for care of fire protection apparatus. When private property
is condemned under this Act, the compensation shall be determined in the
manner
as provided for the exercise of the right of
eminent domain under the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(70 ILCS 705/10.1) Sec. 10.1. Eligibility requirements for board members. No person is eligible to serve on the board of any fire protection district if that person has been convicted of a felony under the laws of this State or comparable laws of any other state or the United States or is in arrears in the payment of a tax or other indebtedness due to a fire protection district.
(Source: P.A. 96-969, eff. 7-2-10.) |
(70 ILCS 705/10.5) Sec. 10.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 705/10a) (from Ch. 127 1/2, par. 30a)
Sec. 10a. Sale or exchange of property.
(a) The board of trustees of any fire protection district
incorporated under this Act may sell, lease or exchange personalty and
may sell or lease realty owned by the district and no longer needed for
fire protection purposes. Except as provided in subsection (b), any realty
sold pursuant to this Section shall be
sold to the highest and best bidder either at public auction or on sealed
bids. Notice of the public auction or of the receipt of bids shall be
published at least once in a newspaper having a general circulation in the
district or posted in at least ten public places in the district at least
ten days before the date of the auction or the receipt of bids.
(b) The board of trustees may, by resolution, authorize the sale of
surplus real
estate. The value of the surplus real estate shall be determined by a written
MAI certified
appraisal or by a written certified appraisal of a State certified or licensed real estate
appraiser. The
appraisal must be available for public inspection. The resolution may direct
the sale to be
conducted directly by the board of trustees or by listing with local, licensed
real estate
agencies, in which case the terms of the agent's compensation must be included
in the
resolution. The resolution must also include pertinent information concerning
the size,
use, and zoning of the real estate and the terms of the sale. The resolution
must be published at the first opportunity after the adoption of
the
resolution in a newspaper of general circulation published in the district or,
if no
newspaper is published in the district, a newspaper of general circulation
published in the
county in which the district is located. The board of trustees may accept any
contract proposal that the board determines
is in the best interest of the district, provided, however, that the sale price
may not be less
than 80% of the appraised value of the real estate.
(c) Nothing in this Section prevents a fire
protection district
from
transferring realty to another municipal corporation or political
subdivision pursuant to the Local Government Property Transfer Act.
(Source: P.A. 103-131, eff. 1-1-24.)
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(70 ILCS 705/10b) (from Ch. 127 1/2, par. 30b)
Sec. 10b.
Any two or more fire districts or one or more fire protection
districts and one or more cities, villages or incorporated towns may
provide for joint ownership of fire fighting equipment, communication
equipment, rescue and resuscitator equipment and real and personal property
necessary for the care and housing of such equipment. In case of joint
ownership the terms of the agreement shall be fair, just and equitable to
all parties and shall be set forth in a written agreement entered into by
the corporate authorities of each participating unit.
(Source: Laws 1957, p. 623.)
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(70 ILCS 705/10c) Sec. 10c. Asset distribution; contracts. Upon termination of a contract between a fire protection district and a separate fire department entity or upon dissolution of the fire department entity, if the fire department entity has assumed control of assets that were paid for by the fire protection district and if the contract does not provide for the transfer of assets, those assets shall revert back to the fire protection district for use in providing fire protection services. Nothing in this Section impairs any existing contract or prevents a fire department or fire protection district from making other provisions for the distribution of assets in the terms of a future contract.
(Source: P.A. 95-78, eff. 1-1-08.) |
(70 ILCS 705/10d) Sec. 10d. Purchase of tires under joint purchasing authority. (a) As used in this Section: "Vehicle" has the meaning provided in Section 1-146 of the Illinois Vehicle Code. "Volunteer firefighter" means a firefighter who does not receive monetary compensation for his or her services to a fire protection district. (b) If authorized by the fire chief of the fire protection district, any regularly enrolled volunteer firefighter may purchase 4 vehicle tires every 3 years through his or her fire protection district's contract to purchase vehicle tires under Section 2 of the Governmental Joint Purchasing Act. The authorization must be in writing and on the fire protection district's letterhead, and must include the volunteer firefighter's name, the license plate number of the vehicle for the authorized purchase, and must reference the fire protection district's joint purchasing agreement. (c) The fire protection district shall alone be responsible for documenting how many tires each volunteer firefighter purchases during the specified period under this Section. (d) The firefighter shall pay for any tires, and any related taxes, purchased under this Section. (e) Purchase of tires under this Section are not considered tax exempt. (f) This Section applies to contracts first solicited under Section 4 of the Governmental Joint Purchasing Act on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-471, eff. 9-8-17.) |
(70 ILCS 705/11) (from Ch. 127 1/2, par. 31)
Sec. 11.
The board of trustees of any fire protection district
incorporated under this Act has the power and it is its legal duty and
obligation to provide as nearly adequate protection from fire for all
persons and property within the said district as possible and to
prescribe necessary regulations for the prevention and control of fire
therein. The board of trustees may provide
and maintain life saving and rescue equipment, services and facilities,
including an emergency ambulance service.
Except in cities having a population of 500,000 or more inhabitants and
except in municipalities in which fire prevention codes have been
adopted, the board of trustees has the express power to adopt and
enforce fire prevention codes and standards parallel to national
standards.
(Source: P.A. 81-1375.)
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(70 ILCS 705/11a) (from Ch. 127 1/2, par. 31a)
Sec. 11a.
The Board of Trustees of any fire protection district organized
hereunder may contract with any corporation organized to furnish fire
protection service or with any association organized to furnish fire
protection service or with any city, village, incorporated town, or
organized fire protection district lying adjacent to such district for fire
protection service to be furnished by such corporation or such association
or such municipality or fire protection district for the property within
such district or to be furnished by such district for the property within
such municipality. The board of trustees may also contract for the
installation, rental or use of fire hydrants within the fire protection
district and for the furnishing of water to be used within such district
for fire protection purposes, and for mutual aid from and to other fire
protection districts, and for mutual aid from and to corporations and
associations organized to furnish fire protection service and for mutual
aid from and to municipalities.
When the Board of Trustees of a Fire Protection District purchases fire
protection services from an organization (specifically including without
limitation a city, village, incorporated town, or adjacent fire protection
district) that is required to be audited by "An Act in relation to audits
of the accounts of certain governmental units and to repeal an Act therein
named", approved May 10, 1967, or by The Illinois Municipal Auditing Law,
the scope of the audit of the organization providing the fire protection
services shall be expanded to require the licensed public accountant
performing the audit to specifically report on compliance with the terms of
the contract as it relates to financial matters, including but not limited
to the amount charged to the purchasing Fire Protection District. To the
extent possible, the financial statements of the providing organization
shall segregate accounts relating to fire protection service transactions
and present them as a separate fund or as a separate department within a
fund. A copy of the providing organization audit report shall be furnished
to the purchasing Fire Protection District within 6 months after the close
of the fiscal year of the organization providing the fire protection services.
When the Board of Trustees of a Fire Protection District purchases fire
protection services from an organization (specifically including without
limitation a not-for-profit corporation or a for-profit corporation or
association) that is not required to be audited by "An Act in relation to
audits of the accounts of certain governmental units and to repeal an Act
therein named", approved May 10, 1967, or by The Illinois Municipal
Auditing Law, the organization providing the fire protection services shall
employ a person licensed to practice public accounting under the laws of
this State to annually audit the providing organization's financial
statements of all accounts, funds, and other moneys in the care, custody,
or control of the providing organization. Such audit shall be conducted in
accordance with Generally Accepted Auditing Standards and the scope of such
audit shall be expanded to require the licensed public accountant
performing the audit to specifically report on compliance with the terms of
the contract as it relates to financial matters, including but not limited
to the amount charged to the purchasing Fire Protection District. To the
extent possible, the financial statements of the providing organization
shall segregate accounts relating to fire protection service transactions
and present them as a separate fund or as a separate department within a
fund. A copy of the providing organization audit report shall be furnished
to the purchasing Fire Protection District within 6 months after the close
of the fiscal year of the organization providing the fire protection
services. Within 15 days after the first meeting of the board of directors
or trustees of the organization providing the fire protection services that
occurs after receiving the audit report, the organization providing the
fire protection services shall publish excerpts from the audit report that
relate to fire protection service operations in accordance with Section 7
of this Act. When fire protection services are rendered in more than one
geographic area, publication or distribution should be made in each
geographic area served.
(Source: P.A. 86-216; 86-1023.)
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(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
Sec. 11b.
(a) In case any fire protection district organized hereunder is
coterminous with or includes within its corporate limits in whole or in
part any city, village or incorporated town authorized to provide
protection from fire and to regulate the prevention and control of fire
within such city, village or incorporated town and to levy taxes for any
such purposes, then such city, village or incorporated town shall not
exercise any such powers as necessarily conflict with the powers to be
exercised by such district in respect to such fire protection and
regulation within the fire protection district from and after the date
that it receives written notice from the State Fire Marshal
to cease or refrain from the operation of any fire
protection facilities and the exercise of such powers, which notice
shall be given only after the State Fire Marshal
has ascertained that the Fire Protection District has placed
its fire protection facilities in operation. Such city, village or
incorporated town shall not thereafter own, operate, maintain, manage,
control or have an interest in any fire protection facilities located
within the corporate limits of the fire protection district, except
water mains and hydrants and except as otherwise provided in this Act. Where any city, village, or
incorporated town with 500 or more residents is in fact owning, operating, and maintaining a fire department or fire departments located in whole or in part within or adjacent to
the corporate limits of a fire protection district organized under this Act, such city, village,
or incorporated town shall not cease operating and maintaining the fire department or departments unless such proposed cessation of services is first submitted by
referendum to voters, as provided by Section 15b of this Act. In addition, where any city,
village, or incorporated town is in fact owning, operating, and maintaining a fire department or fire departments located within the corporate limits of a fire protection district organized under
this Act, such city, village, or incorporated town
shall
be paid and reimbursed for its actual expenditures and for all existing
obligations incurred, including all pension and annuity plans applicable
to the maintenance of fire protection facilities theretofore made in
establishing such facilities and in acquiring, constructing, improving
or developing any such existing facilities in the manner provided for by
this Act. The terms of payment shall provide for reimbursement in full
within not less than 20 years from the date of such agreement.
(b) Notwithstanding subsection (a) of this Section, no fire protection district adjacent to any city, village, or incorporated town will be required to assume responsibility for fire protection or other emergency services to such city, village, or incorporated town which discontinues its municipal fire department under Section 15b of this Act unless the Board of Trustees of the adjacent fire protection district has by resolution, ordinance, or intergovernmental agreement, agreed to provide such services. (Source: P.A. 98-666, eff. 1-1-15; 99-78, eff. 7-20-15; 99-837, eff. 8-19-16.)
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(70 ILCS 705/11c) (from Ch. 127 1/2, par. 31c)
Sec. 11c.
The board of trustees of any fire protection district organized
hereunder shall provide fire protection service for public school buildings
situated outside the district in accordance with Section 16-10 of "The
School Code".
(Source: P.A. 76-1792.)
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(70 ILCS 705/11d) (from Ch. 127 1/2, par. 31d)
Sec. 11d.
The board of trustees of any fire protection district organized under
this Act may contract with the board of any public community
college district to
reimburse the fire protection district for any additional costs for fire
protection service, including equipment, apparatus or firemen occasioned by
the presence of any public community college building within
the Fire Protection
District.
(Source: P.A. 82-622.)
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(70 ILCS 705/11e) (from Ch. 127 1/2, par. 31e)
Sec. 11e.
The board of trustees of any fire protection district is authorized
to plan, adopt, implement and maintain an addressing system within the district
for the purpose of enabling the district to provide fast delivery of fire
fighting and emergency medical care services. Such addressing system may
include, but shall not be limited to, mapping to identify property locations,
numbering property locations, designation of directional systems for reaching
specific locations quickly and installation of property markers at specific
locations on property within the district.
If any part of a fire protection district is or in the future shall become
situated wholly or partially within a county or municipality and such municipality
or county has or shall in the future create its own numbering system, no
such system created by a fire protection district shall be deemed to supersede
such county or municipal system for any purpose.
All costs incurred by a fire protection district under the authority of
this Section shall be paid from the general funds of the district. However,
the trustees may enter into agreements with other units of local government
to share such costs.
(Source: P.A. 81-869.)
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(70 ILCS 705/11f) (from Ch. 127 1/2, par. 31f)
Sec. 11f. Charge against non-residents.
(a) The board of trustees of a fire protection district may
fix, charge, and collect fees not exceeding the reasonable cost of the
service for all services rendered by the district against persons,
businesses and other entities who are not residents of the fire protection
district.
(b) Such charge may not be assessed against residents of
the fire protection district or
persons who request fire protection coverage for an unprotected area and who
pay to the fire protection district an amount equal to the district's Fire
Protection Tax pursuant to Section 4 of the Fire Protection of Unprotected
Area Act.
(c) The charge for such services shall be computed at a
rate not to exceed $250
per hour and not to exceed $70 per hour per firefighter
responding to a call
for assistance. An additional charge may be levied to reimburse the district
for extraordinary expenses of materials used in rendering such services.
No charge shall be made for services for which the total charge would be
less than $50.
(d) All revenue from the charges assessed pursuant to this Section shall
be deposited to the general fund of the fire protection district.
(Source: P.A. 99-770, eff. 8-12-16.)
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(70 ILCS 705/11g) (from Ch. 127 1/2, par. 31g)
Sec. 11g.
The board of trustees of any fire protection district may
provide for the planning and implementation of services necessary to
prevent or respond to emergencies involving hazardous materials, provided
that no fees shall be charged for such planning and implementation.
(Source: P.A. 85-1285.)
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(70 ILCS 705/11h) Sec. 11h. Fire suppression grant program. The board of trustees of any fire protection district may, by ordinance, establish a program to award grants to the owners of single family residential properties located within the fire protection district who install and maintain approved sprinkler or other fire suppression systems that meet national standards and are certified by the fire protection district. Any such grant award may be conditioned on the sprinkler or fire suppression system being maintained in good operating condition for a specified term and being subject to inspection to verify the condition of the system on an annual basis.
(Source: P.A. 95-800, eff. 8-12-08.) |
(70 ILCS 705/11i)
Sec. 11i. Department foreign fire insurance board. (a) A department foreign fire insurance board shall exist within the fire
department of each fire protection district that has an organized fire department, employs full-time firefighters, and is subject to a collective bargaining agreement. (b) The board shall consist of 7 trustees; the fire chief, who shall hold office by virtue of rank, and 6 members, who shall be elected at large by the sworn members of the department. If there are an insufficient number of candidates to fill all these positions, the number of board members may be reduced, but not to fewer than 3 trustees. All sworn members of the department shall be eligible to vote for and be elected as officers of the board. (c) The members of the board shall annually elect officers. These officers shall be a chairman and a treasurer. (d) The trustees of the board shall make rules with respect to the board and the management of the money to be appropriated to the board. (e) The treasurer of the board shall give a sufficient bond to the board of trustees of the fire protection district, conditioned upon the faithful performance by the treasurer of his or her duties under this Section. This bond must be approved by the board of trustees of the fire protection district. (f) The officers of the department foreign fire insurance board shall develop and maintain a listing of those items that the board feels are appropriate expenditures under this Section. The officers shall make rules concerning the board and the management of the money appropriated to the board. (g) All of the money paid to the secretary of the fire protection district under Section 11-10-1 of the Illinois Municipal Code (65 ILCS 5/11-10-1) shall be set apart and shall be appropriated annually by the board of trustees of the fire protection district to the department foreign fire insurance board. (h) The treasurer of the department foreign fire insurance board shall receive the appropriated money and shall pay out the money upon the order of the board for the maintenance, use, and benefit of the department. As part of the fire protection district's annual audit, these funds shall be audited to verify that the funds have been expended by the board only for the maintenance, use, and benefit of the department.
(Source: P.A. 96-505, eff. 8-14-09.) |
(70 ILCS 705/11j) Sec. 11j. Installation of access or key boxes. The board of trustees of any fire protection district may, by ordinance, require the installation of an access or key box if: (1) a structure is protected by an automatic fire alarm or security system or access to or within the structure or area is unduly difficult because of secured openings; and (2) immediate access is necessary for life-saving purposes. In the case of a health care facility that is secured by an electronic code box that is in good working order, if the owner of the health care facility provides the fire department with a valid access code, then that health care facility is not required to be accessible by an access or key box. For the purposes of this Section, "health care facility" means: a hospital licensed under the Hospital Licensing Act or the University of Illinois Hospital Act; a nursing home or long-term care facility licensed under the Nursing Home Care Act; an assisted living establishment, as defined in the Assisted Living and Shared Housing Act; a mental health facility, as defined in the Mental Health and Developmental Disabilities Code; a supportive living facility certified to participate in the supportive living facilities program under Section 5-5.01a of the Illinois Public Aid Code; or a facility licensed under the Specialized Mental Health Rehabilitation Act of 2013. "Access or key box" means a secure device with a lock operable only by a fire department master key, and containing building entry keys and other keys that may be required for access in an emergency. The access or key box shall be of an approved type listed in accordance with the most recently published version of the standard Underwriters Laboratories 1037 and shall contain keys to gain access as required by the fire chief of the fire protection district, or his or her designee. An ordinance enacted under this Section may specify particular classes or types of structures or occupancies that are required to install an access or key box. However, an ordinance enacted under this Section shall not apply to single family residential structures or to facilities owned or operated by a public utility, as that term is defined under Section 3-105 of the Public Utilities Act.
(Source: P.A. 98-388, eff. 8-16-13; 98-756, eff. 7-16-14.) |
(70 ILCS 705/11k) (Text of Section before amendment by P.A. 103-634) Sec. 11k. Competitive bidding; notice requirements. (a) The board of trustees shall have the power to acquire by gift, legacy, or purchase any personal property necessary for its corporate purposes provided that all contracts for supplies, materials, or work involving an expenditure in excess of $20,000 shall be let to the lowest responsible bidder after advertising as required under subsection (b) of this Section. The board is not required to accept a bid that does not meet the district's established specifications, terms of delivery, quality, and serviceability requirements. Contracts which, by their nature, are not adapted to award by competitive bidding, are not subject to competitive bidding, including, but not limited to: (1) contracts for the services of individuals | ||
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(2) contracts for the printing of finance committee | ||
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(3) contracts for the printing or engraving of bonds, | ||
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(4) contracts for the maintenance or servicing of, or | ||
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(5) purchases and contracts for the use, purchase, | ||
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(6) contracts for duplicating machines and supplies; (7) contracts for utility services such as water, | ||
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(8) contracts for goods or services procured from | ||
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(9) purchases of equipment previously owned by some | ||
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(10) contracts for goods or services which are | ||
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Contracts for emergency expenditures are also exempt from competitive bidding when the emergency expenditure is approved by a vote of 3/4 of the members of the board. (b) Except as otherwise provided in subsection (a) of this Section, all proposals to award contracts involving amounts in excess of $20,000 shall be published at least 10 days, excluding Sundays and legal holidays, in advance of the date announced for the receiving of bids, in a secular English language newspaper of general circulation throughout the district. In addition, a fire protection district that has a website that the full-time staff of the district maintains shall post notice on its website of all proposals to award contracts in excess of $20,000. Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement itself, or by reference to detailed plans and specifications on file at the time of the publication of the first announcement. Such advertisement shall also state the date, time and place assigned for the opening of bids, and no bids shall be received at any time subsequent to the time indicated in the announcement. All competitive bids for contracts involving an expenditure in excess of $20,000 must be sealed by the bidder and must be opened by a member of the board or an employee of the district at a public bid opening at which the contents of the bids must be announced. Each bidder must receive at least 3 days' notice of the time and place of the bid opening.
(c) In addition to contracts entered into under the Governmental Joint Purchasing Act, a board of trustees may enter into contracts for supplies, materials, or work involving an expenditure in excess of $20,000 through participation in a joint governmental or nongovernmental purchasing program that requires as part of its selection procedure a competitive solicitation and procurement process. (d) Subject to the exceptions under subsections (a) and (c), any procurement by a board of trustees involving the acquisition, by direct or beneficial ownership, of improvements to real estate by a fire protection district which results in an expenditure of district funds in excess of $20,000 must be competitively bid in accordance with the procedures of subsection (b). (Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19; 102-138, eff. 1-1-22; 102-558, eff 8-20-21.) (Text of Section after amendment by P.A. 103-634) Sec. 11k. Competitive bidding; notice requirements. (a) The board of trustees shall have the power to acquire by gift, legacy, or purchase any personal property necessary for its corporate purposes provided that all contracts for supplies, materials, or work involving an expenditure in excess of $20,000 shall be let to the lowest responsible bidder after advertising as required under subsection (b) of this Section; except that, if the board of trustees seeks to purchase equipment directly from a dealer or an original manufacturer in excess of $50,000, then the contract for purchase shall be let to the lowest responsible bidder after advertising as required under subsection (b) of this Section. The board is not required to accept a bid that does not meet the district's established specifications, terms of delivery, quality, and serviceability requirements. Contracts which, by their nature, are not adapted to award by competitive bidding, are not subject to competitive bidding, including, but not limited to: (1) contracts for the services of individuals | ||
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(2) contracts for the printing of finance committee | ||
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(3) contracts for the printing or engraving of bonds, | ||
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(4) contracts for the maintenance or servicing of, or | ||
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(5) purchases and contracts for the use, purchase, | ||
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(6) contracts for duplicating machines and supplies; (7) contracts for utility services such as water, | ||
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(8) contracts for goods or services procured from | ||
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(9) purchases of equipment previously owned by some | ||
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(10) contracts for goods or services which are | ||
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Contracts for emergency expenditures are also exempt from competitive bidding when the emergency expenditure is approved by a vote of 3/4 of the members of the board. (b) Except as otherwise provided in subsection (a) of this Section, all proposals to award contracts involving amounts in excess of $20,000 shall be published at least 10 days, excluding Sundays and legal holidays, in advance of the date announced for the receiving of bids, in a secular English language newspaper of general circulation throughout the district. In addition, a fire protection district that has a website that the full-time staff of the district maintains shall post notice on its website of all proposals to award contracts in excess of $20,000. Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement itself, or by reference to detailed plans and specifications on file at the time of the publication of the first announcement. Such advertisement shall also state the date, time and place assigned for the opening of bids, and no bids shall be received at any time subsequent to the time indicated in the announcement. All competitive bids for contracts involving an expenditure in excess of $20,000 must be sealed by the bidder and must be opened by a member of the board or an employee of the district at a public bid opening at which the contents of the bids must be announced. Each bidder must receive at least 3 days' notice of the time and place of the bid opening. (c) In addition to contracts entered into under the Governmental Joint Purchasing Act, a board of trustees may enter into contracts for supplies, materials, or work involving an expenditure in excess of $20,000 through participation in a joint governmental or nongovernmental purchasing program that requires as part of its selection procedure a competitive solicitation and procurement process. (d) Subject to the exceptions under subsections (a) and (c), any procurement by a board of trustees involving the acquisition, by direct or beneficial ownership, of improvements to real estate by a fire protection district which results in an expenditure of district funds in excess of $20,000 must be competitively bid in accordance with the procedures of subsection (b). (Source: P.A. 102-138, eff. 1-1-22; 102-558, eff 8-20-21; 103-634, eff. 1-1-25.) |
(70 ILCS 705/11l) (This Section was renumbered Section 11m by P.A. 100-201) Sec. 11l. (Renumbered).
(Source: P.A. 99-811, eff. 8-15-16. Renumbered by P.A. 100-201, eff. 8-18-17.) |
(70 ILCS 705/11m) Sec. 11m. Enforcement of the Fire Investigation Act. (a) The fire chief has the authority to enforce the provisions of any rules adopted by the State Fire Marshal under the provisions of the Fire Investigation Act or to carry out the duties imposed on local officers under Section 9 of the Fire Investigation Act as provided in this Section. (b) In the event that a fire chief determines that a dangerous condition or fire hazard is found to exist contrary to the rules referred to in Section 9 of the Fire Investigation Act, or if a dangerous condition or fire hazard is found to exist as specified in the first paragraph of Section 9 of the Fire Investigation Act, the fire chief shall order the dangerous condition or fire hazard removed or remedied and shall so notify the owner, occupant, or other interested person in the premises. Service of the notice upon the owner, occupant, or other interested person may be made in person or by registered or certified mail. If the owner, occupant, or other interested person cannot be located by the fire chief, the fire chief may post the order upon the premises where the dangerous condition or fire hazard exists. (c) In the event that a fire chief determines that the dangerous condition or fire hazard which has been found to exist places persons occupying or present in the premises at risk of imminent bodily injury or serious harm, the fire chief may, as part of the order issued under subsection (b), order that the premises where such condition or fire hazard exists be immediately vacated and not be occupied until the fire chief inspects the premises and issues a notice that the dangerous condition or fire hazard is no longer present and that the premises may be occupied. An order under this subsection (c) shall be effective immediately and notice of the order may be given by the fire chief by posting the order at premises where the dangerous condition or fire hazard exists. (d) In the event an owner, occupant, or other interested person fails to comply with an order issued by a fire chief under subsections (b) or (c), the fire chief may refer the order to the State's Attorney. The State's Attorney may apply to the circuit court for enforcement of the order of the fire chief, as issued by the fire chief or as modified by the circuit court, under the provisions of Article XI of the Code of Civil Procedure by temporary restraining order, preliminary injunction or permanent injunction, provided, however, that no bond shall be required by the court under Section 11-103 of the Code of Civil Procedure and no damages may be assessed by the court under Section 11-110 of the Code of Civil Procedure. (e) The provisions of this Section are supplementary to the provisions of the Fire Investigation Act and do not limit the authority of any fire chief or other local officers charged with the responsibility of investigating fires under Section 9 of the Fire Investigation Act or any other law or limit the authority of the State Fire Marshal under the Fire Investigation Act or any other law.
(Source: P.A. 99-811, eff. 8-15-16; 100-201, eff. 8-18-17.) |
(70 ILCS 705/12) (from Ch. 127 1/2, par. 32)
Sec. 12.
Any fire protection district incorporated under this Act may
borrow money for corporate purposes and may issue bonds therefor, but
shall not become indebted in any manner, or for any purpose, to an
amount in the aggregate to exceed 5.75% on the valuation of taxable
property therein to be ascertained by the last assessment for State and
County taxes previous to the incurring of such indebtedness or until
January 1, 1983, if greater, the sum that is produced by multiplying the
district's 1978 equalized assessed valuation by the debt limitation
percentage in effect on January 1, 1979. Whenever the board of trustees
of such district desires to issue bonds hereunder they shall order the
question to be submitted at an election to be held in such district and
shall certify the proposition and their order to the proper election officials
who shall submit the question in accordance with the general election law.
The notice of such referendum shall state the amount of bonds to be issued.
The result of the referendum shall be
entered upon the records of the
district. If it shall appear that a majority of all valid votes cast on
the proposition are in favor of the issue of said bonds, the board of
trustees shall order and direct the execution of the bonds for and on
behalf of said district. All bonds issued hereunder shall mature in not
exceeding 20 annual installments. The proposition shall be in substantially
the following form:
Shall bonds of.... Fire YESProtection District in the amount of.... be issued? NO
(Source: P.A. 81-1489.)
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(70 ILCS 705/13) (from Ch. 127 1/2, par. 33)
Sec. 13.
At the time of or before incurring any indebtedness the board of
trustees shall provide for the collection of a direct annual tax sufficient
to pay the interest on such debt as it falls due, and also to pay and
discharge the principal thereof as the same shall fall due, and at least
within twenty years from the time of contracting same; such tax shall be in
addition to and in excess of all other taxes heretofore or hereafter
authorized to be levied by such district. A certified copy of the ordinance
adopted by the board of trustees authorizing the issuance of such bonds and
levying a tax to pay the same shall be filed in the office of the county
clerk of each of the counties wherein any of the territory of the district
is situated which certified copy shall constitute the authority for the
county clerk or clerks, in each case, to extend the taxes annually
necessary to pay the principal of and interest on such bonds as the same
mature.
(Source: Laws 1949, p. 1484.)
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(70 ILCS 705/14) (from Ch. 127 1/2, par. 34)
Sec. 14.
The Board of Trustees may levy and collect other taxes for all
corporate purposes, including, without limiting the generality of the
foregoing, the payment of all obligations incurred in taking over the fire
protection facilities of any city, village or incorporated town located
within the boundaries of any such district, including all pension or annuity
plans of any such city, village or incorporated town applicable to the
maintenance of fire protection facilities, and further for the purposes of
building, repairing and improving fire houses, of the renting of buildings
and property for corporate purposes, of procuring firehouse land or sites,
fire-fighting apparatus and equipment, and of procuring apparatus and
equipment for emergencies involving hazardous substances and providing
appropriate training for such situations, exclusive of taxes to pay bonded
indebtedness upon all the taxable property within the territorial limits of
such fire protection districts, the aggregate amount of which shall not exceed
0.125% of the value, as equalized or assessed by the Department of Revenue,
except as provided in this Section.
All taxes proposed to be levied by a district shall be levied by ordinance, a
certified copy of which shall be filed with the county clerk of the county in
which the taxes are to be collected not later than the last Tuesday in December
in each year.
The Board of Trustees may accumulate funds for the purposes of building,
repairing and improving firehouses, for the purposes of procuring firehouse
land or sites, fire-fighting apparatus and equipment, and for the purposes
of procuring appropriate apparatus, equipment, and training for emergencies
involving hazardous substances and may annually levy taxes for such
purposes in excess of current requirements for its other purposes but
subject to the tax rate limitations as provided in this Section.
If the Board of Trustees desires to levy such taxes at a rate in excess
of 0.125% and in excess of 0.30% but not in excess of 0.40% of the value of
all taxable property within the district as equalized or assessed by the
Department of Revenue, it shall certify the question to the proper election
officials, who shall submit the question at an election in accordance with
the general election law. The result of such referendum shall be
entered upon the records of the district. If a majority of the voters at
such election vote in favor of the proposition, the Board of Trustees may
levy such taxes at a rate not to exceed 0.40% of the value of all taxable
property within the district as equalized or assessed by the Department of
Revenue. The proposition shall be in substantially the following form:
Shall the maximum allowable tax ratefor the.... Fire Protection District YESbe increased from 0.125% to 0.40% (or from0.30% to 0.40%, as the case may be) of the value of all taxable property withinthe District as equalized or assessed by NOthe Department of Revenue?
The Board of Trustees has power to levy such taxes at a rate in excess of
0.125% but not in excess of 0.30% of the value of all taxable property within
the district, as equalized or assessed by the Department of Revenue, under the
following terms and conditions.
The board of trustees shall proceed in like manner prior to the adoption
of an ordinance providing for the levy of taxes at a rate not in excess
of 0.30% as if the board of trustees had followed the procedures to adopt
an ordinance not in excess of 0.125% of the value of all taxable property
within the district as equalized or assessed by the Department of Revenue.
The board of trustees shall provide by ordinance for the levy and collection
of taxes at a rate not in excess of 0.30% of the value of all taxable property
within the district as equalized or assessed by the Department of Revenue.
A certified copy of such ordinance shall be filed in the office of the county
clerk of each county in which any portion of the territory of such fire
protection district is situated, which certified copy constitutes authority
for the clerk or clerks in each case to extend taxes annually at the rate
so provided against all of the taxable property contained in the fire
protection district.
After such ordinance has been passed, it shall be published once within
30 days after its passage in one or more newspapers published in the fire
protection district or, if no newspaper is published therein, it shall be
published in a newspaper published in the county in which such district
is located and having general circulation within such district. If no newspaper
is published in the county having general circulation in the district,
publication may be made instead by posting copies of such ordinance in 10
public places within the fire protection district. The publication or posting
of the ordinance shall include a notice of (1) the specific number of voters
required to sign a petition requesting that the question of the adoption of
the tax levy be submitted to the voters of the district; (2) the time within
which the petition must be filed; and (3) the date of the prospective
referendum. The district secretary shall provide a petition form to any
individual requesting one. The ordinance shall not become effective until 30
days after its publication or the date of such posting of such copies.
Whenever a petition signed by the electors of the fire protection
district equal in number to 10% or more of the registered voters in the
fire protection district is filed with the Board of Trustees thereof which
has adopted an ordinance providing for such increase in the rate of taxes
and such petition has been filed with the Board of Trustees within 30 days
after the publication or the date of the posting of the copies which
petition seeks the submission of such increase in the rate of taxes to an
election, the Board of Trustees shall certify the question to the proper
election officials who shall submit the question at an election in
accordance with the general election law.
The proposition shall be substantially in the following form:
Shall the maximum allowable taxrate for .... Fire Protection YESDistrict be increased from 0.125%to 0.30% of the value of all taxable property within the Districtas equalized or assessed by the NODepartment of Revenue?
The foregoing limitations upon tax rates may be further increased or
decreased under the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 86-346; 86-1194; 86-1253; 86-1475; 86-1480; 87-712; 87-767;
87-895; 87-1189.)
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(70 ILCS 705/14.01) (from Ch. 127 1/2, par. 34.01)
Sec. 14.01.
Any two or more adjoining fire protection districts may merge
and form a single consolidated district which shall thereafter be subject
to the provisions of this Act. For the purpose of this Section and Sections
14.02 through 14.13, districts
shall be considered as adjoining when any portion of their boundaries are
contiguous or overlap, or when a portion of the boundaries of each of
the districts seeking to merge to form a consolidated district is contiguous
with the same municipality and are served by the same fire department or
fire protection department. When the proposed consolidated district will include
more than two districts, it shall not be necessary for each district to
adjoin each of the other districts, but it shall be sufficient if each
district adjoins one of the other districts or if each district adjoins
the same municipality.
(Source: P.A. 83-1488.)
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(70 ILCS 705/14.02) (from Ch. 127 1/2, par. 34.02)
Sec. 14.02.
A consolidated district may be formed upon petition signed by
50 or more of the legal voters resident within the limits of each of the
districts proposed to be consolidated. The petition shall be filed in the
circuit court for the county in which the greater part of the land in the
proposed consolidated district will be situated. The petition shall set
forth (a) the names proposed to be merged, (b) the name of the proposed
consolidated district and (c) the reasons for the advantages to be derived
from such consolidation. The petition shall conclude with a prayer for the
merger of the districts into a single consolidated district. Upon its
filing, the petition shall be presented to the court which shall fix the
date and hour for hearing.
(Source: Laws 1967, p. 4072.)
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(70 ILCS 705/14.03) (from Ch. 127 1/2, par. 34.03)
Sec. 14.03.
The clerk of the court shall give notice of the hearing
substantially in the form and in the manner and for the length of time
provided hereinafter. Within 5 days after the first publication of the
notice the clerk of the court shall mail a copy thereof by first-class mail
with postage fully prepaid to each trustee of each district. The notice
shall be entitled "Proposed Consolidation of Fire Protection Districts" and
must state: (a) in what court and on what date the petition was filed; (b)
the names of the districts proposed to be consolidated and the name of the
proposed consolidated district; (c) a general description of the matter
proposed to the court; and (d) the place, date and hour the petition will
be heard.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.04) (from Ch. 127 1/2, par. 34.04)
Sec. 14.04.
Notice of the hearing on the petition shall be given by
publishing the notice in a newspaper of general circulation published in
the county in which the districts are situated. The notice shall be
published once each week for two successive weeks. The first publication of
the notice shall be at least three weeks prior to the date fixed for
hearing. When the districts are situated in two or more counties, then such
notice shall be given as aforesaid by publishing the same in a newspaper of
general circulation published in each of said counties. If no newspaper of
general circulation is published in any such county, then publication of
the notice shall be in a newspaper having general circulation in that
county.
The certificate of the clerk of the court affixed to a copy of the
notice shall be sufficient evidence of the mailing of the notices to the
said trustees.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.05) (from Ch. 127 1/2, par. 34.05)
Sec. 14.05.
At the hearing the court shall first determine whether the
districts are adjoining, as described in Section 14.01, and whether
the petition is signed by 50 or more
of the legal voters resident within the limits of each of the districts
proposed to be consolidated. If the districts are not adjoining or if the
petition is not so signed the petition shall be dismissed.
If the districts are adjoining and the petition is so signed, the court
shall then order the question of consolidation and the rate of taxes for
the consolidated district submitted to the legal voters
in each district at an election, and shall certify the question and its
order to the proper election officials who shall submit the question at
an election in accordance with the general election law.
The proposition shall be in substantially the following form:
Shall (name of district inwhich election is being held), beconsolidated with (name of otherdistrict or districts) to organize YES(name of consolidated district)and shall the maximum allowabletax rate for (name of consolidated district) be set at (rate of tax,stated as a percentage) of thevalue of all taxable property within NO(name of consolidated district)as equalized or assessed by theDepartment of Revenue?
The court shall cause a written statement of the results of such election
to be filed of record in the court. If,
in each district, a majority of the voters voting on the question shall
favor consolidation and the stated rate of taxes for the consolidated
district, the court shall order the consolidation of the districts into the
consolidated district.
(Source: P.A. 91-917, eff. 1-1-01.)
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(70 ILCS 705/14.06) (from Ch. 127 1/2, par. 34.06)
Sec. 14.06.
Upon the entry of an order consolidating two or more districts,
the individual districts shall lose their separate existence and be
consolidated into the one consolidated district and the consolidated
district shall thereupon become a body politic and corporate with all the
powers, rights, duties and obligations of other districts organized under
this Act. The consolidated district shall succeed to all the records,
property, funds, rights and duties of the districts consolidated into the
consolidated district.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.07) (from Ch. 127 1/2, par. 34.07)
Sec. 14.07.
Upon the organization of the consolidated district, the duties of
trustees and other officers of each district consolidated therein shall
cease. If a consolidated district is wholly contained within a single
county,
the trustees for the consolidated
district shall be appointed by the
presiding officer of the county board with the advice and consent of the
county board. If the consolidated district lies in more than one county, the
number of trustees who are residents of a county shall be in proportion,
as nearly as practicable, to the number of residents of the district who reside in that
county in relation to the total population of the district.
Upon the expiration of the term of a trustee who is in
office on the effective date of this amendatory Act of 1975, the
successor shall be a resident of whichever county is
entitled to such representation in order to bring about the
proportional representation required herein, and he shall be
appointed by the county board of that county, or in the case
of a home rule county as defined by Article VII, Section 6 of
the Constitution of 1970, the chief executive officer of that
county, with the advice and consent of the county board.
Thereafter, each trustee shall be succeeded by a resident
of the same county who shall be appointed by the same
appointing authority; however, the provisions of the
preceding paragraph shall apply to the appointment of the
successor to each trustee who is in office at the time of the
publication of each decennial Federal census of population.
The appropriate appointing authority shall appoint 3 trustees of the consolidated
district
within 60 days after the entry of the order consolidating the districts.
The trustees shall be electors in the consolidated district,
provided not more than one of them shall be from any city or village or
incorporated town
in the district unless such city or village or incorporated town shall have
more than 50% of the population in the district according to last preceding
Federal Census in which are included two or more cities or villages or
incorporated
towns. The trustees shall hold such terms of offices and shall have
such powers and qualifications as is provided for trustees under
Section 4 of "An Act in relation to fire protection districts".
(Source: P.A. 79-318; 79-855; 79-1454.)
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(70 ILCS 705/14.08) (from Ch. 127 1/2, par. 34.08)
Sec. 14.08.
In case any district consolidated into a consolidated district
has bonds or notes outstanding which are a lien on funds on hand in the
treasury at the time of consolidation, such lien shall be unimpaired by
such consolidation and the lien shall continue in favor of the bond or note
holders. The funds on hand subject to such a lien shall be set apart and
held for the purpose of retiring such secured debt and no such funds shall
be transferred into the general funds of the consolidated district until
all indebtedness of the district consolidated into the consolidated
district has been discharged.
In case any district consolidated into a consolidated district has
unsecured debts outstanding at the time of consolidation, any funds in the
treasury of such district or otherwise available and not committed shall,
to the extent necessary, be applied to the payment of such debts.
All property in the consolidated district, without discrimination
between the territory in the several districts consolidated into the
consolidated district, shall be subject to taxation to pay the debts,
bonds, and obligations of the consolidated district.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.09) (from Ch. 127 1/2, par. 34.09)
Sec. 14.09.
The consolidation of any district into a consolidated district shall not
affect the obligation of any contract entered into by the district
consolidated into the consolidated district. Such contracts shall be taken
over and assumed by the consolidated district.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.10) (from Ch. 127 1/2, par. 34.10)
Sec. 14.10.
Consolidation not to interfere with tax collection.
The consolidation of the districts shall not adversely affect
proceedings for the collection or enforcement of any tax but the said
proceedings shall proceed to a finality as though no consolidation had
taken place. The proceeds thereof shall be paid over to the treasurer of
the consolidated district, to be used, however, for the purpose for which
the tax was levied or assessed. Proceedings to collect and enforce such
taxes may be instituted and carried on in the name of the consolidated
district.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.11) (from Ch. 127 1/2, par. 34.11)
Sec. 14.11.
All suits pending in any court on behalf of or against any
district, when the district is consolidated into a consolidated district,
may be prosecuted or defended in the name of the consolidated district. All
judgments obtained for any district consolidated into a consolidated
district shall be collected and enforced by the consolidated district for
its benefit.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.12) (from Ch. 127 1/2, par. 34.12)
Sec. 14.12.
The title to all property of a district consolidated into a
consolidated district is transferred to the consolidated district and is
vested therein, to be held, however, for the same purposes and uses, and
subject to the same conditions as before consolidation.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.13) (from Ch. 127 1/2, par. 34.13)
Sec. 14.13.
All firemen lawfully in the employment of any district
consolidated into a consolidated district shall become members of the fire
department of the consolidated district.
(Source: Laws 1957, p. 626.)
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(70 ILCS 705/14.14) (from Ch. 127 1/2, par. 34.14)
Sec. 14.14.
(a) In a county having a population of between 500,000 and
750,000, territory within the boundaries of a non-home rule municipality
that receives fire protection services from more than a single fire
protection district may be disconnected from one fire protection district
and transferred to the district that provides services to the area
comprising more than 80% of the municipality's assessed valuation. To
disconnect that territory, the board of trustees of one of the affected
districts, the corporate authorities of the municipality, or 5% of the
owners of property within the territory to be disconnected may file a
petition in the court in which the district (from which disconnection is
sought) was organized, setting forth the following:
(1) The description of the territory sought to be | ||
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(2) A statement that:
(A) more than 80% of the assessed valuation of | ||
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(B) more than 90% of the residents of the | ||
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(C) the territory to be transferred contains less | ||
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(D) the territory to be transferred consists of | ||
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(E) the district to which the territory is to be | ||
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(F) the transfer will not impair the ability of | ||
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(G) the transfer will not cause the territory | ||
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(3) That a response-time study has been conducted and | ||
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(b) The petition praying that the territory be transferred shall be
signed and sworn to by the petitioner or petitioners. Upon the filing of
the petition, the court shall set the petition for hearing on a day not
less than 2 weeks or more than 4 weeks from the date of filing the
petition. The court shall give 2 weeks notice of the hearing in the manner
provided in Section 1 of this Act. The municipality and affected districts
shall be necessary parties to the proceedings and shall be served with
summons in the manner prescribed for a party defendant under the Civil
Practice Law.
(c) Any property owner in the municipality or the affected districts
may file objections and at the hearing may appear and contest the transfer
and the matters averred in the petition, and both the objectors and
petitioners may offer any competent evidence in regard to the petition.
(d) If the court, upon hearing the petition, finds that the allegations
contained in the petition are true, then the court shall enter an order
transferring the property. Thereupon, the territory shall cease to be a
part of the fire protection district in which the territory lies. The
circuit clerk shall transmit a certified copy of the order to the county
clerk and to the Office of the State Fire Marshal.
(e) The territory to be transferred shall remain liable for its
proportionate share of outstanding bonded indebtedness, if any, of the
district from which it is transferred as of the date of transfer.
(Source: P.A. 102-574, eff. 1-1-22.)
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(70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
Sec. 15.
Whenever any property within a fire protection district,
organized under this Act, does not have the territorial qualifications
described in Section 1 of this Act, or is not reasonably protected by
the district from the hazards of fire or would receive greater benefit
of service from another such district or other municipal corporation,
any legal voter within such district or the owner or owners of such
property may detach and disconnect such property from such fire
protection district in the following manner:
The owner or owners of such property within such fire protection
district or any legal voter within such district may file his petition
in the court in which such district was organized setting forth therein
the description of the property sought to be detached and disconnected,
a statement that the detachment and disconnection will not cause the
territory remaining in the district to be noncontiguous; that the
loss of assessed valuation by reason of the disconnection of such
territory will not impair the ability of the district to render fully
adequate fire protection service to the territory remaining with the
district;
that the territory will remain liable for its proportionate share of any
outstanding bonded
indebtedness of the district;
and alleging facts in support of such detachment and
disconnection, and praying that such property be detached and
disconnected from such fire protection district. The petition shall be
signed and sworn to by the petitioner or petitioners.
For the purpose of meeting the requirement of this Section that the
detachment and disconnection will not cause the remaining territory to be
noncontiguous, territory shall be considered to be contiguous if the only
separation between parts of the territory is land owned by the United States,
the State of Illinois, any agency or instrumentality of either, or any regional
airport authority.
Upon the filing
of such petition, the court shall set the same for hearing on a day not
less than 2 weeks nor more than 4 weeks from the filing thereof and
shall give 2 weeks notice of such hearing in the manner provided in
Section 1 of this Act. The fire protection district shall be a necessary
party to the proceedings and it shall be served with summons in the manner
prescribed for a party defendant under the Civil Practice Law.
All property owners in such district, the
district from which such transfer of territory is to be made, and all
persons interested therein may file objections, and at the hearing may
appear and contest the detachment and disconnection of the property from
such fire protection district, and both objectors and petitioners may
offer any competent evidence in regard thereto. If the court, upon
hearing such petition, finds that the petition complies with this Act
and that the allegations of the petition are true the court shall enter
an order detaching and disconnecting such property from such district,
and thereupon such property shall cease to be a part of such fire
protection district, except that the property remains liable for its
proportionate share of any
outstanding
bonded indebtedness of the district.
The circuit clerk shall transmit a certified copy
of the order to the county clerk of each county in which any of
territory affected is situated and to the Office of the State Fire Marshal.
(Source: P.A. 93-304, eff. 7-23-03.)
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(70 ILCS 705/15a) (from Ch. 127 1/2, par. 36)
Sec. 15a.
Any fire protection district organized under the provisions of
this Act may be dissolved and discontinued upon like petition, hearing and
election as is provided in this Act for the organization of such district,
except that the ballot for such election shall be in substantially the following form:
Shall the ..... Fire YESProtection District be dissolved and discontinued? NO
If a majority of the votes cast on the question at such election are in
favor of such dissolution, the court shall enter an order on the records of
the court dissolving such district, effective as soon as it has disposed
of its assets and liabilities. The trustees of such fire protection
district shall immediately proceed to wind up the affairs of such district
and shall have the same powers as before the dissolution order was entered
to levy taxes for the
purpose of paying the debts, obligations and liabilities of such fire protection
district outstanding on the date the dissolution order was entered and the
necessary expenses of closing up the affairs of such district. All property
of such district shall be sold and in case any excess remains after all
liabilities of such district are paid such excess shall be paid to the
county or counties in which such fire protection district
is situated in the proportion that the taxable value the real property in
the fire protection district situated in each county bears to the taxable
value of all the real property
in the fire protection district.
(Source: P.A. 82-892.)
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(70 ILCS 705/15b) Sec. 15b. Petition to cease operations; referendum. (a) Any local unit of government serving 500 or more residents operating a fire department organized under the provisions of the Municipal Code may cease the operation and maintenance of the fire department or fire departments by submitting a referendum to the voters served by the fire department or departments. The referendum proposing the dissolution of the fire department or departments shall be conducted in a manner that is consistent with the requirements provided by subsection (a) of this Section, except that the ballot for such election shall be in substantially the following form: Shall the (name of fire department) serving the citizens with YES (list local unit(s) of government) cease to provide emergency services and be NO dissolved and discontinued? If a majority of the votes cast on the question are in favor of such dissolution, the court shall enter an order discontinuing the fire department or departments. The rights of the employees of the dissolved fire department or departments provided by the Personnel Code, any applicable collective bargaining agreements, or under any pension, retirement, or annuity plan shall not be affected by this amendatory Act of the 98th General Assembly. (b) A municipality that is a home rule or non-home rule unit may not dissolve a fire department or fire departments in a manner that is inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State.
(Source: P.A. 98-666, eff. 1-1-15.) |
(70 ILCS 705/15c) Sec. 15c. Disconnection of fire protection district territory within a home rule municipality. Whenever any property within a fire protection district is located in a home rule municipality that provides fire service to at least 80% of the territory within the municipality's corporate limits, the home rule municipality may detach and disconnect that property from the fire protection district in the following manner: The municipality may petition the court, setting forth in the petition the following: a description of the property sought to be detached and disconnected; a statement that the detachment and disconnection will not cause the property remaining in the district to be noncontiguous, that the loss of assessed valuation by reason of the disconnection of the described property will not impair the ability of the district to render fully adequate fire protection service to the property remaining with the district, that the property to be detached and disconnected will remain liable for its proportionate share of any outstanding bonded indebtedness of the district, that a response-time study has been conducted and the study is attached to the petition showing, at a minimum, estimated response times from the fire protection district to the territory and estimated response times of the municipal fire department to the territory, and that it is a home rule municipality that provides for its own fire service to at least 80% of the territory within the municipality; and asking that the described property be detached and disconnected from the fire protection district. The petition shall be signed and sworn to by the mayor or village president pursuant to a resolution of the corporate authorities of the municipality authorizing the filing of the petition. For the purpose of meeting the requirement of this Section that the detachment and disconnection will not cause the remaining property to be noncontiguous, property shall be considered to be contiguous if the only separation between parts of the property is land owned by the United States, the State, or any agency or instrumentality of either, or any regional airport authority. Upon the filing of the petition, the court shall set the same for hearing on a day not less than 2 weeks nor more than 4 weeks from the filing thereof and shall give 2 weeks' notice of such hearing in the manner provided in Section 1 of this Act. The fire protection district shall be a necessary party to the proceedings and it shall be served with summons in the manner prescribed for a party defendant under the Civil Practice Law. All property owners in such district, the district from which the transfer of property is to be made, and all persons interested therein may file objections, and at the hearing may appear and contest the detachment and disconnection of the property from the fire protection district, and both objectors and petitioners may offer any competent evidence in regard thereto. If the court, upon hearing such petition, finds that the petition complies with this Section 15c and that the allegations of the petition are true, the court shall enter an order detaching and disconnecting the property from the district, and upon entry of the order the property shall cease to be a part of the fire protection district and shall be serviced by the home rule municipality, except that the property remains liable for its proportionate share of any outstanding bonded indebtedness of the district. The circuit clerk shall transmit a certified copy of the order to the county clerk of each county in which any of the affected property is situated and to the Office of the State Fire Marshal.
(Source: P.A. 102-574, eff. 1-1-22.) |
(70 ILCS 705/15d) Sec. 15d. Disconnection of fire protection district territory by a municipality; economic impact analysis. (a) As used in this Section, "economic impact analysis" means a written report concerning the effect of a municipality's disconnection of territory located both within a municipality and a fire protection district. (b) Notwithstanding any other provision of law, a municipality shall file an economic impact analysis with the county clerk of each county in which a fire protection district is located no less than 90 days prior to filing any action to disconnect territory located both within the municipality and the fire protection district. Each economic impact analysis shall include the following: (1) a statement of existing and projected | ||
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(2) a statement of the costs of service incurred | ||
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(3) a statement that the loss of assessed | ||
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(4) a statement of the probable positive or negative | ||
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(5) a statement of the probable positive or negative | ||
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(c) Within 30 days after the filing of an economic impact analysis required by subsection (b), a municipality shall serve a copy of the economic impact analysis on the board of trustees of each impacted fire protection district by certified or registered mail. An affidavit that service of the economic impact analysis has been had as provided by this subsection must be filed with the clerk of the court in which the disconnection proceedings will be instituted. Disconnection of territory is not effective unless service is certified by affidavit filed as provided in this subsection. (d) The territory is disconnected from the Fire Protection District and annexed to the municipality effective on January 1 following the entry of a final court order finding that the petition meets the criteria set forth in this Section. (e) A municipality, including a home rule municipality, may not disconnect territory from a fire protection district in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 100-1072, eff. 1-1-19.) |
(70 ILCS 705/15e) Sec. 15e. Dissolution of Elk Grove Rural Fire Protection District. (a) The Elk Grove Rural Fire Protection District shall be dissolved by operation of law effective immediately upon the occurrence of all the conditions set forth in subsection (c). (b) The president of the board of trustees of the Elk Grove Rural Fire Protection District serving on October 1, 2023 and the mayor of the Village of Mount Prospect are hereby appointed and authorized to close up the business affairs of the Elk Grove Rural Fire Protection District, including by performing, or causing to be performed, all activities necessary to cause the conditions set forth in subsection (c) to be satisfied. The president of the board of trustees of the Elk Grove Rural Fire Protection District serving on October 1, 2023 and the mayor of the Village of Mount Prospect shall unanimously approve all actions taken by them in connection with the closing up of the business affairs of the Elk Grove Rural Fire Protection District. (c) After all the following conditions have been satisfied, the dissolution of the Elk Grove Rural Fire Protection District shall become effective immediately: (1) the payment of all outstanding liabilities of the | ||
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(2) the conveyance of title of all of the Elk Grove | ||
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(3) the submittal to, and approval by resolution | ||
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After the Cook County Board of Commissioners passes a | ||
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Any bank or other financial institution at which the Elk Grove Rural Fire Protection District has accounts is authorized, upon presentment of a certified copy of the resolution passed by the Cook County Board of Commissioners approving the accounting described in paragraph (3), to transfer the funds in the Elk Grove Rural Fire Protection District's accounts to the Village of Mount Prospect. (d) Notwithstanding the requirements of Section 27-5 of the Property Tax Code, the Special Service Area created by the Village of Mount Prospect and approved by Cook County in order to take the place of the Elk Grove Rural Fire Protection District's tax levy after dissolution shall not require geographical contiguity.
(Source: P.A. 103-606, eff. 7-1-24.) |
(70 ILCS 705/16) (from Ch. 127 1/2, par. 37)
Sec. 16. In order to facilitate circumstances in which fire protection may be materially improved by adjustment of jurisdictional boundaries of adjoining fire protection districts without impairing the overall provision of fire protection services in the adjoining districts,
territory included within the limits of any fire protection district
may be disconnected from the district and added to another district to which
the territory is contiguous, in the manner hereinafter set forth; (1) if
the territory would receive equal or greater benefits from the district
to which it seeks to be transferred; (2) if the transfer will not cause
the territory remaining in the district from which the transfer is to be
made, to be noncontiguous; (3) if the transfer will not cause a serious
injury to the district from which the transfer is to be made; and, (4)
if the trustees of the district to which the transfer is sought to be made
do not file a written refusal to accept the territory within the time hereinafter
provided.
Territory disconnected pursuant to this Section shall remain liable for
its proportionate share of the bonded indebtedness outstanding as of the
date of disconnection, if any, of the district from which it was disconnected
and shall assume a proportionate share of the bonded indebtedness, if any,
of the district to which it is transferred.
One per cent or more of the legal voters residing within the limits of
the territory proposed to be transferred may file a petition, in the court
of the county where the district to which it seeks to be transferred is
organized, setting forth: the description of the territory sought to be
transferred; that the territory would receive equal or greater benefits
by the transfer; that the transfer will not cause a serious injury to the
district or districts from which the transfer is proposed to be made; and
the amount of any outstanding bonded indebtedness against the district or
districts in which the territory is then situated which has been incurred
pursuant to this Act; and praying that the question whether the transfer
shall be made, and whether the voters of such territory shall remain liable
for a proportionate share of the bonded indebtedness outstanding as of the
date of disconnection, if any, of the district from which it was disconnected
and also assume a proportionate share of the bonded indebtedness, if any,
of the district to which the transfer is to be made, be submitted to the
voters of the entire district from which the transfer is sought to be made.
Upon the filing of the petition, the court shall set a day for hearing,
not less than 2 weeks nor more than 4 weeks from the filing thereof, and
the court, or the circuit clerk or sheriff upon order of the court, (i) shall
give 2 weeks notice of such hearing in one or more daily or weekly newspapers
of general circulation in the county or in each county wherein the district
or districts from which the territory sought to be transferred is organized
and by posting at least 10 copies of the notice in conspicuous places in
the district or in each of the districts from which the territory is sought
to be transferred, (ii) shall cause a copy of the notice to be personally served upon each trustee of the district from which the transfer is sought to be made, and (iii) in addition shall cause a copy of the notice to be
personally served upon each of the trustees of the district to which the
transfer is sought to be made at least one week before the date set for
the hearing, and in the notice, or in any accompanying notice to be served
upon the Trustees at the same time, a recital shall be made stating that
the Trustees may at any time prior to the date of the hearing, or within
such additional time as may be granted by the court upon request in writing
filed on or before such date, file a written refusal to accept the territory
as a part of their district, provided, that such notification need not be
given to the trustees if they file in the proceeding their written appearances
or written consent to a transfer of the territory to their district. Both the fire protection district from which the territory seeks to be transferred and the fire protection district to which the territory seeks to be transferred are necessary parties in any action to disconnect under this Section.
At any time prior to the date set for the hearing, or within such additional
time as may be granted by the court, the trustees of the district to which
the transfer is sought to be made may file a written refusal to accept the
territory as a part of their district and in case of such refusal the court
shall enter an order dismissing the petition for the transfer. The trustees
may withdraw their refusal at any time prior to the entry of an order dismissing
the petition. In case the trustees fail to file a written refusal within
the time hereinbefore authorized, they shall be deemed to have consented
to a transfer of the territory to their district, and consent once given
may not be withdrawn without leave of court for good cause shown. In case
of such consent, the court shall proceed with the matter as herein provided
but if the court finds that any of the conditions herein required for the
making of a transfer do not exist it shall enter an order dismissing the
petition. In taking any action upon the petition the findings of the court
shall be filed of record in the case.
All property owners in the district from which the transfer is sought and
all persons interested therein, may file objections, and at the hearing
may appear and contest the transfer and the matters averred in the petition,
and both objectors and petitioners may offer any competent evidence in regard
thereto. In addition, all persons residing in or interested in any of the
property situated in the territory sought to be transferred shall have an
opportunity to be heard touching the location and boundary of the territory
to be voted upon for such transfer, and may make suggestions regarding the same. For purposes of this Section, serious injury shall be found to exist in the district from which the transfer is sought when a material impairment of the ability to provide continuing fire protection and related emergency services to the territory remaining in the district after the transfer may occur. The court may consider the following, but not limited to, in its determination as to whether a serious injury may occur: the financial resources, facilities, and equipment which will remain in the district; and the financial obligations, including remaining non-bonded debt of the district, from which the transfer is sought. A loss of annual real estate tax revenues by the district from which the transfer is sought of 25 percent or more by reason of the disconnection and transfer shall constitute serious injury and require dismissal of the petition. However, the court is not precluded from finding serious injury to exist with a lesser tax revenue loss if it is shown by the preponderance of other evidence presented to the court that serious injury would result if the transfer were to occur.
If the court shall, upon hearing the petition, find that the territory
described in the petition would receive equal or greater benefits by being
so transferred and meet the conditions hereinbefore set forth, it shall
certify to the proper election officials the question of whether the territory
shall be transferred,
and its order, and such officials shall submit that question at an election in the entire district from which the transfer is sought to be made
in accordance with the general election law. The proposition
shall be in substantially the following form:
For making the transfer from the ..... Fire Protection District to the ..... Fire Protection District, remaining liable for a proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which disconnection is proposed and also assuming a proportionate share of the bonded indebtedness, if any, of the district to which transfer is proposed. Against making the transfer from the ..... Fire Protection District to the ..... Fire Protection District, remaining liable for a proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which disconnection is proposed and also assuming a proportionate share of the bonded indebtedness, if any, of the district to which transfer is proposed.
If a majority of the votes cast upon the question of making the transfer
shall be in favor of the transfer, the territory shall thenceforth cease
to be a part of the fire protection district or districts to which it has
been attached and shall become an integral part of the fire protection district
to which the transfer shall have been sought and shall be subject to all
the enjoyments and responsibilities of the latter district. In each case
in which a transfer is effected pursuant to the provisions
hereof, the circuit clerk in whose court the transfer proceedings have been conducted,
shall certify copies of all orders entered in effecting such transfer and
file or send them to the proper county clerk or clerks for filing and to
the Office of the State Fire Marshal.
(Source: P.A. 99-715, eff. 8-5-16.)
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(70 ILCS 705/16a) (from Ch. 127 1/2, par. 37a)
Sec. 16a.
The owner or owners of record of any area of land
consisting of one or more tracts, lying within the corporate limits of
any fire protection district, which (1) is located on the border of the
fire protection district; (2) if disconnected will not result in the
isolation of any part of the fire protection district from the remainder
of the district; and (3) is adjacent to another fire protection district
may, with the consent of the boards of trustees of the disconnecting and
annexing district, have such area disconnected from the district and
added to the adjacent district as follows:
The owner or owners of record of any such area of land shall file a
petition in the court in which the fire protection district from which
disconnection is sought was organized, alleging facts showing that such
area meets the requirements of this Section. If the court finds that the
allegations of the petition are true, that the area of land meets the
requirements of this Section, and that the boards of trustees of the
disconnecting and annexing districts consent to the transfer of such
area, the court shall order the specified land disconnected from the one
district and transferred to the other, and such land shall thenceforth
cease to be a part of the fire protection district of which it was a
part and shall become an integral part of the fire protection district
to which transfer was sought and shall be subject to all the enjoyments
and responsibilities of the latter district. In each case in which a
transfer is effected under this Section, the circuit clerk in whose
court the transfer proceedings were conducted shall certify copies of
the transfer order and file or send them to the proper county clerk or
clerks for filing and to the Office of the State Fire Marshal.
(Source: P.A. 85-556.)
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(70 ILCS 705/16b) (from Ch. 127 1/2, par. 37b)
Sec. 16b.
Appeals from final orders and judgments may be taken from the
circuit court as in other civil cases.
(Source: Laws 1965, p. 3748.)
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(70 ILCS 705/16c) (from Ch. 127 1/2, par. 37c)
Sec. 16c.
Territory included within the limits of any fire protection
district may be disconnected from the district and organized in a new fire
protection district in the manner hereinafter set forth (1) if the territory
would receive equal or greater benefits from the district into which it
seeks to be organized; (2) if the disconnection will not cause the territory
remaining in the district from which the territory is to be disconnected,
to be noncontiguous; (3) if the trustees of the district from which the
territory is to be disconnected consent thereto; (4) if the territory to be
disconnected meets the requirements for organization as provided in Section 1
of this Act.
One percent or more of the legal voters residing within the limits of the
territory proposed to be disconnected and organized in a new district may file
a petition in the circuit court of the county where such territory is located
setting forth: (1) the description of the territory sought to be disconnected
and organized in a new district; (2) facts disclosing that the territory
described meets the requirements for organization of a new district as provided
in Section 1 of this Act; (3) that the territory would receive equal or greater
benefits from the district in which it seeks to be organized; (4) that the
disconnection will not cause the territory remaining in the district from which
the territory is to be disconnected, to be noncontiguous nor impair such
district from rendering fire protection service to the territory remaining in
the district; (5) that the trustees of the district from which the territory is
to be disconnected consent thereto (a certified copy of a resolution of the
trustees evidencing their consent to such disconnection and adopted not more
than 90 days prior to the filing of the petition shall be attached to and made
a part of the petition); and (6) the name of the proposed district; and
requesting that the question of whether the territory shall be disconnected
from the district in which it is presently situated and organized in a new
district be submitted to the voters of the territory sought to be disconnected.
Upon the filing of the petition, the court shall set a date for hearing
not less than 2 weeks, nor more than 4 weeks from the filing thereof, and
the court, or the clerk of the court, upon order of the court, shall give
2 weeks' notice of such hearing in one or more newspapers, either daily
or weekly, of general circulation in the district from which the territory
is sought to be disconnected and in the territory sought to be disconnected,
and by posting at least 10 copies of the notice in conspicuous places in
the district, and at least 10 copies of the notice in conspicuous places
in the territory which is sought to be disconnected therefrom, and, in
addition, shall cause a copy of the notice to be personally served upon
each of the trustees of the district from which the territory is sought
to be disconnected.
At any time prior to the date set for the hearing or within such additional
time as may be granted by the court, the trustees of the district from which
disconnection is sought may file a revocation of their consent to the proposed
disconnection and in case of such revocation of consent, the court shall
enter an order dismissing the petition for disconnection. The trustees may
withdraw their revocation or give their new consent to the disconnection
of the territory at any time prior to the entry of an order dismissing the
petition. In case no revocation of consent is filed, the court shall proceed
with the matter as herein provided, but if the court finds that any of the
conditions herein required for the disconnection and organization do not
exist, it shall enter an order dismissing the petition.
At the hearing any person residing in or having an interest in any of the
property sought to be disconnected may appear and be heard and both objectors
and petitioners may offer any competent evidence as to the matters averred
in the petition.
If the court shall, upon hearing the petition, find that the territory
described therein meets all of the conditions hereinbefore set forth and
complies with this Section, it shall certify to the proper election officials
the question of whether the territory shall be disconnected from the district
in which it is presently located and organized in a new fire protection
district, and its order, and such election officials shall submit that question
at an election in such territory in accordance with the general election
law. The proposition shall be in substantially the following form:
For disconnecting from the.... fire protectiondistrict and organizing the.... fire protectiondistrict and retaining aproportionate share of thebonded indebtedness, if any,of the former district. Against disconnecting from the.... fire protectiondistrict and organizing the.... fire protectiondistrict and retaining aproportionate share of thebonded indebtedness, if any,of the former district.
If a majority of the votes cast upon the question of disconnecting the
territory and organizing a new district shall be in favor of the disconnection
and organization, the territory shall thenceforth cease to be a part of
the fire protection district to which it was attached and shall become a
new fire protection district, provided that the disconnected territory shall
remain liable for its proportionate share of the bonded indebtedness
outstanding as of the date of disconnection, if any, of the district from which
it was disconnected. The court shall cause a written statement of the results
of such an election to be filed of record in the court and shall enter an order
accordingly, and shall also cause to be sent to the county clerk of all
counties in which any portion of the new district lies and to the Office of the
State Fire Marshal a certified copy of the order organizing such district and a
plat of the same indicating what lands of the district lie in such county or
counties. The new district shall be organized and the trustees appointed in
the same manner as provided in Section 4, and such district and its trustees
shall have like powers and responsibilities as any new district organized under
this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 705/16d) Sec. 16d. Transfer of property between districts. When a fire protection district has another fire protection district adjoining it and the adjoining district can provide better fire protection to an area of land
of no more than 60 acres, consisting of one or more tracts, that is within the corporate limits of
the fire protection district, the area may be disconnected from the district and
annexed to the adjacent district when each district adopts an ordinance to accomplish the disconnection and annexation. At least 60 days before the property is disconnected from a district, the disconnecting district must send notice to the owner or owners of record of the area of land stating that the disconnecting and annexing districts intend to adopt ordinances that would disconnect and annex the area under this Section. The notice shall name the annexing district and include a description of the territory to be disconnected and annexed, the reason for doing so, a map of the territory, and shall include a response-time study that has been conducted showing, at a minimum, estimated response times from the current fire protection district to the property and estimated response times of the adjoining district to the property. The notice must also set forth the time and place of each meeting at which the ordinance will be an agenda item and must state that there will be an opportunity for public comment at each of those meetings. The notice shall be sent by certified mail return receipt requested, but if the name or address of an owner is not known, then the district must publish the notice once a week for 2 successive weeks. The notice shall be published in a newspaper published in the county where the area is located. Each district's ordinance shall designate the same date for the effective date of the disconnection and annexation. No earlier than 60 days after the delivery of the notice to the last of the owners involved or 60 days after the date of the first publication of the notice, whichever is later, the disconnecting and annexing districts may adopt an ordinance accomplishing the disconnection and annexation. After it adopts the ordinance, each fire protection district shall send a certified copy of the ordinance to the proper county clerk or clerks for filing and to the office of the State Fire Marshal.
(Source: P.A. 102-574, eff. 1-1-22.) |
(70 ILCS 705/16.01) (from Ch. 127 1/2, par. 37.01)
Sec. 16.01.
Every fire protection district having a fire department of which
any officers or members are full time, paid members shall be subject to
Sections 16.01 to 16.18, inclusive. In every such fire protection district the
board of trustees may appoint a board of fire commissioners. This board
shall consist of 3 members, whose terms of office shall be 3 years and
until their respective successors are appointed and have qualified, except
as provided in Section 16.02. No member of a board of trustees of any
fire protection district shall be appointed to any board of fire
commissioners. The Board of Trustees of any fire protection district
having a fire department of which 12 or more are full time, paid members
shall appoint a separate board of fire commissioners pursuant to Section
16.02 for the purpose of administering the provisions of Sections 16.01 to
16.18, inclusive. The board of trustees of any fire protection district
which is subject to Sections 16.01 to 16.18, inclusive, but which does not
have a board of fire commissioners, shall perform the duties and have the
powers of boards of fire commissioners as set forth in those Sections.
The provisions of Sections 16.01 through 16.18, inclusive, shall apply
only to full time, paid members of a fire protection district fire department.
Unless inconsistent with this Act, the provisions of Division 2.1 of
Article 10 of the Illinois Municipal Code shall apply, to the extent that
they may be made applicable, to fire protection districts subject to
Sections 16.01 to 16.18, inclusive.
(Source: P.A. 86-562.)
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(70 ILCS 705/16.02) (from Ch. 127 1/2, par. 37.02)
Sec. 16.02.
Within thirty days after Sections 16.01 to 16.18, inclusive,
become effective in a fire protection district, the Board of Trustees of
a fire protection district having 12 or more full time paid members shall
appoint the first members of the board of fire commissioners. No person
shall be appointed a commissioner who has been convicted of a felony under
the laws of this State or comparable laws of any other state or the United
States. One of the members shall be appointed to serve until the first
Monday in June next following, another to serve until the first Monday of
June of the second year after such appointment, and the third to serve
until the first Monday in June of the third year following such
appointment. Every member shall serve until his successor is appointed and
has qualified. Vacancies on the board of fire commissioners shall be filled
in the same manner as original appointments.
The board shall annually elect a chairman and a secretary to serve during
the district's fiscal year. The members of the board shall be considered
officers of the district and shall file an oath as may be required by the
trustees. A majority of the board shall constitute a quorum for the
purpose of conducting all business.
Once appointed, members of the board of fire commissioners shall not be
subject to removal, except for cause, upon written charges, and after an
opportunity to be heard within 30 days in his or her defense before a
regular meeting of the district trustees. A majority vote of the trustees
shall be required to remove any member of the board from office.
(Source: P.A. 86-562; 87-423.)
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(70 ILCS 705/16.03) (from Ch. 127 1/2, par. 37.03)
Sec. 16.03.
Appointed members of a board of fire commissioners shall possess the qualifications required of other
officers of the fire protection district and by Section 16.02 of this Act, shall take oath, or affirmation,
of office, give bond, and shall be subject to removal from office, in the
same manner as other appointive officers of the fire protection district
and consistent with the provisions of Section 16.02 hereof. No more than 2 members of the board shall belong to the same political party existing in the municipality at the time of the appointments and as defined in Section 10-2 of the Election Code. If only 1 or no political party exists in the municipality at the time of the appointments, then state or national political party affiliation shall be considered in making the appointments. Party affiliation shall be determined by affidavit of the person appointed as a member of the board.
(Source: P.A. 98-565, eff. 8-27-13.)
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(70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
Sec. 16.04a.
The board of fire commissioners shall appoint all
officers and members of the fire departments of the district, except the
Chief of the fire department. The board of trustees shall appoint the Chief
of the fire department, who shall serve at the pleasure of the board, and may
enter into a multi-year contract not exceeding 3 years with the Chief.
If a member of the department is appointed Chief of the fire department
prior to being eligible to retire on pension he shall be considered as on
furlough from the rank he held immediately prior to his appointment as
Chief. If he resigns as Chief or is discharged as Chief prior to attaining
eligibility to retire on pension, he shall revert to and be established in
such prior rank, and thereafter be entitled to all the benefits and
emoluments of such prior rank, without regard as to whether a vacancy then
exists in such rank. In such instances, the Chief shall be deemed to have
continued to accrue seniority in the department during his period of
service as Chief, or time in grade in his former rank to which he shall
revert during his period of service as Chief, except solely for purposes of
any layoff as provided in Section 16.13b hereafter.
All appointments to each department other than that of the lowest rank,
however, shall be from the rank next below that to which the appointment is
made, except that the Chief of the fire department may be appointed from
among members of the fire department, regardless of rank.
The sole authority to issue certificates of appointment shall be vested
in the board of fire commissioners and all certificates of appointments
issued to any officer or member of the fire department shall be signed by
the chairman and secretary respectively of the board of fire commissioners
upon appointment of such officer or member of the fire department by action
of the board of fire commissioners. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the board of fire commissioners.
To the extent that this Section or any other Section in this Act conflicts with Section 16.06b or 16.06c, then Section 16.06b or 16.06c shall control. (Source: P.A. 100-252, eff. 8-22-17.)
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(70 ILCS 705/16.04b) Sec. 16.04b. Appointment of fire chief. Notwithstanding any other provision in this Act, after the effective date of this amendatory Act of the 100th General Assembly, a person shall not be appointed as the chief, the acting chief, the department head, or a position, by whatever title, that is responsible for day-to-day operations of a fire protection district for greater than 180 days unless he or she possesses the following qualifications and certifications: (1) Office of the State Fire Marshal Basic Operations | ||
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(2) a current certification from the International | ||
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(3) qualifications that meet the National Fire | ||
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(4) a minimum of 10 years' experience as a | ||
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This Section applies to fire protection districts that employ firefighters hired under the provisions of this Act.
(Source: P.A. 100-425, eff. 8-25-17; 100-1126, eff. 1-1-19.) |
(70 ILCS 705/16.05) (from Ch. 127 1/2, par. 37.05)
Sec. 16.05.
The board shall make rules (1) to carry out the purpose of
Sections 16.01 to 16.18 inclusive, and (2) for appointments and removals
in accordance with the provisions of such sections. The board, from time to
time, may make changes in these rules.
All these rules and changes therein shall be printed immediately for
distribution. The board shall give notice (1) of the places where the
printed rules may be obtained, and (2) of the date, not less than ten days
subsequent to the time of publication, when the rules or changes therein
shall go into operation. This notice shall be published in one or more
newspapers published in the fire protection district, or, if no newspaper
is published therein, then in one or more newspapers with a general
circulation within the fire protection district.
These rules of the board shall apply only to the conduct of examinations
for original appointments, for promotions, and to the conduct of hearings
on charges brought against a member of the fire department. No
such rule shall be made by the board to govern the operation of the fire
department or the conduct of its members unless the board of trustees
specifically authorizes the board of fire commissioners to make such rules;
however, the board of trustees may also rescind such authorization.
(Source: P.A. 85-603.)
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(70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
Sec. 16.06. Eligibility for positions in fire department;
disqualifications. (a) All applicants for a position in the fire department of the
fire protection district shall be under 35 years of age and shall be
subjected to examination, which shall be public, competitive, and free to
all applicants, subject to reasonable limitations as to health, habits, and
moral character; provided that the foregoing age limitation shall not apply
in the case of any person having previous employment status as a fireman in a
regularly constituted fire department of any fire protection district, and
further provided that each fireman or fire chief who is a member in
good standing in a regularly constituted fire department of any municipality
which shall be or shall have subsequently been included within the boundaries
of any fire protection district now or hereafter organized shall be given
a preference for original appointment in the same class, grade or employment
over all other applicants. The examinations shall be practical in their
character and shall relate to those matters which will fairly test the persons
examined as to their relative capacity to discharge the duties of the positions
to which they seek appointment. The examinations shall include tests of
physical qualifications and health. No applicant, however, shall be examined
concerning his political or religious opinions or affiliations. The
examinations shall be conducted by the board of fire commissioners.
In any fire protection district that employs full-time firefighters and is subject to a collective bargaining agreement, a person who has not qualified for regular appointment under the provisions of this Section shall not be used as a temporary or permanent substitute for certificated members of a fire district's fire department or for regular appointment as a certificated member of a fire district's fire department unless mutually agreed to by the employee's certified bargaining agent. Such agreement shall be considered a permissive subject of bargaining. Fire protection districts covered by the changes made by Public Act 95-490 that are using non-certificated employees as substitutes immediately prior to June 1, 2008 (the effective date of Public Act 95-490) may, by mutual agreement with the certified bargaining agent, continue the existing practice or a modified practice and that agreement shall be considered a permissive subject of bargaining.
(b) No person shall be appointed to the fire department unless he or she is
a person of good character and not a person who has been convicted of a felony
in Illinois or convicted in another jurisdiction for conduct that would be a
felony under Illinois law, or convicted of a crime involving moral turpitude.
No person,
however, shall be disqualified from appointment to the fire department because
of his or her record of misdemeanor convictions, except those under Sections
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Source: P.A. 102-813, eff. 5-13-22.)
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(70 ILCS 705/16.06b) Sec. 16.06b. Original appointments; full-time fire department. (a) Applicability. Unless a commission elects to follow the provisions of Section 16.06c, this Section shall apply to all original appointments to an affected full-time fire department. Existing registers of eligibles shall continue to be valid until their expiration dates, or up to a maximum of 2 years after August 4, 2011 (the effective date of Public Act 97-251). Notwithstanding any statute, ordinance, rule, or other law to the contrary, all original appointments to an affected department to which this Section applies shall be administered in a no less stringent manner than the manner provided for in this Section. Provisions of the Illinois Municipal Code, Fire Protection District Act, fire district ordinances, and rules adopted pursuant to such authority and other laws relating to initial hiring of firefighters in affected departments shall continue to apply to the extent they are compatible with this Section, but in the event of a conflict between this Section and any other law, this Section shall control. A fire protection district that is operating under a court order or consent decree regarding original appointments to a full-time fire department before August 4, 2011 (the effective date of Public Act 97-251) is exempt from the requirements of this Section for the duration of the court order or consent decree. (b) Original appointments. All original appointments made to an affected fire department shall be made from a register of eligibles established in accordance with the processes required by this Section. Only persons who meet or exceed the performance standards required by the Section shall be placed on a register of eligibles for original appointment to an affected fire department. Whenever an appointing authority authorizes action to hire a person to perform the duties of a firefighter or to hire a firefighter-paramedic to fill a position that is a new position or vacancy due to resignation, discharge, promotion, death, the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final eligibility list. If the appointing authority has reason to conclude that the highest ranked person fails to meet the minimum standards for the position or if the appointing authority believes an alternate candidate would better serve the needs of the department, then the appointing authority has the right to pass over the highest ranked person and appoint either: (i) any person who has a ranking in the top 5% of the register of eligibles or (ii) any person who is among the top 5 highest ranked persons on the list of eligibles if the number of people who have a ranking in the top 5% of the register of eligibles is less than 5 people. Any candidate may pass on an appointment once without losing his or her position on the register of eligibles. Any candidate who passes a second time may be removed from the list by the appointing authority provided that such action shall not prejudice a person's opportunities to participate in future examinations, including an examination held during the time a candidate is already on the fire district's register of eligibles. The sole authority to issue certificates of appointment shall be vested in the board of fire commissioners, or board of trustees serving in the capacity of a board of fire commissioners. All certificates of appointment issued to any officer or member of an affected department shall be signed by the chairperson and secretary, respectively, of the commission upon appointment of such officer or member to the affected department by action of the commission. After being selected from the register of eligibles to fill a vacancy in the affected department, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department. Firefighters who were not issued a certificate of appointment when originally appointed shall be provided with a certificate within 10 days after making a written request to the chairperson of the board of fire commissioners, or board of trustees serving in the capacity of a board of fire commissioners. Each person who accepts a certificate of appointment and successfully completes his or her probationary period shall be enrolled as a firefighter and as a regular member of the fire department. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after August 4, 2011 (the effective date of Public Act 97-251) appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (c) Qualification for placement on register of eligibles. The purpose of establishing a register of eligibles is to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department shall be subject to examination and testing which shall be public, competitive, and open to all applicants unless the district shall by ordinance limit applicants to residents of the district, county or counties in which the district is located, State, or nation. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. Districts may establish educational, emergency medical service licensure, and other prerequisites for participation in an examination or for hire as a firefighter. Any fire protection district may charge a fee to cover the costs of the application process. Residency requirements in effect at the time an individual enters the fire service of a district cannot be made more restrictive for that individual during his or her period of service for that district, or be made a condition of promotion, except for the rank or position of fire chief and for no more than 2 positions that rank immediately below that of the chief rank which are appointed positions pursuant to the Fire Department Promotion Act. No person who is 35 years of age or older shall be eligible to take an examination for a position as a firefighter unless the person has had previous employment status as a firefighter in the regularly constituted fire department of the district, except as provided in this Section. The age limitation does not apply to: (1) any person previously employed as a full-time | ||
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(2) any person who has served a fire district as a | ||
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(3) any person who turned 35 while serving as a | ||
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No person who is under 21 years of age shall be eligible for employment as a firefighter. No applicant shall be examined concerning his or her political or religious opinions or affiliations. The examinations shall be conducted by the commissioners of the district or their designees and agents. No district shall require that any firefighter appointed to the lowest rank serve a probationary employment period of longer than one year of actual active employment, which may exclude periods of training, or injury or illness leaves, including duty related leave, in excess of 30 calendar days. Notwithstanding anything to the contrary in this Section, the probationary employment period limitation may be extended for a firefighter who is required, as a condition of employment, to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure. In the event that any applicant who has been found eligible for appointment and whose name has been placed upon the final eligibility register provided for in this Section has not been appointed to a firefighter position within one year after the date of his or her physical ability examination, the commission may cause a second examination to be made of that applicant's physical ability prior to his or her appointment. If, after the second examination, the physical ability of the applicant shall be found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed. The applicant's name may be retained upon the register of candidates eligible for appointment and when next reached for certification and appointment that applicant may be again examined as provided in this Section, and if the physical ability of that applicant is found to be less than the minimum standard fixed by the rules of the commission, the applicant shall not be appointed, and the name of the applicant shall be removed from the register. (d) Notice, examination, and testing components. Notice of the time, place, general scope, merit criteria for any subjective component, and fee of every examination shall be given by the commission, by a publication at least 2 weeks preceding the examination: (i) in one or more newspapers published in the district, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the district, or (ii) on the fire protection district's Internet website. Additional notice of the examination may be given as the commission shall prescribe. The examination and qualifying standards for employment of firefighters shall be based on: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the final register of eligibles. The examination may also include a subjective component based on merit criteria as determined by the commission. Scores from the examination must be made available to the public. (e) Mental aptitude. No person who does not possess at least a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Examination of an applicant's mental aptitude shall be based upon a written examination. The examination shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved. (f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in the following dimensions: (1) Muscular strength to perform tasks and evolutions | ||
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(2) The ability to climb ladders, operate from | ||
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(3) The ability to carry out critical, | ||
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal. Physical ability examinations administered under this Section shall be conducted with a reasonable number of proctors and monitors, open to the public, and subject to reasonable regulations of the commission. (g) Scoring of examination components. Appointing authorities may create a preliminary eligibility register. A person shall be placed on the list based upon his or her passage of the written examination or the passage of the written examination and the physical ability component. Passage of the written examination means attaining the minimum score set by the commission. Minimum scores should be set by the appointing authorities so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the commission shall be supported by appropriate validation evidence and shall comply with all applicable State and federal laws. The appointing authority may conduct the physical ability component and any subjective components subsequent to the posting of the preliminary eligibility register. The examination components for an initial eligibility register shall be graded on a 100-point scale. A person's position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii) the
person's results on any subjective component as described in
subsection (d). In order to qualify for placement on the final eligibility register, an applicant's score on the written examination, before any applicable preference points or subjective points are applied, shall be at or above the minimum score set by the commission. The local appointing authority may prescribe the score to qualify for placement on the final eligibility register, but the score shall not be less than the minimum score set by the commission. The commission shall prepare and keep a register of persons whose total score is not less than the minimum score for passage and who have passed the physical ability examination. These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude, subjective component, and preference components of the test administered in accordance with this Section. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission. The list shall include the final grades of the candidates without reference to priority of the time of examination and subject to claim for preference credit. Commissions may conduct additional examinations, including without limitation a polygraph test, after a final eligibility register is established and before it expires with the candidates ranked by total score without regard to date of examination. No more than 60 days after each examination, an initial eligibility list shall be posted by the commission showing the final grades of the candidates without reference to priority of time of examination and subject to claim for preference credit. (h) Preferences. The following are preferences: (1) Veteran preference. Persons who were engaged in | ||
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(2) Fire cadet preference. Persons who have | ||
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(3) Educational preference. Persons who have | ||
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(4) Paramedic preference. Persons who have obtained a | ||
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(5) Experience preference. All persons employed by a | ||
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Upon request by the commission, the governing body of | ||
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(6) Residency preference. Applicants whose principal | ||
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(7) Additional preferences. Up to 5 additional | ||
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(7.5) Apprentice preferences. A person who has | ||
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(8) Scoring of preferences. The commission shall give | ||
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No person entitled to any preference shall be required to claim the credit before any examination held under the provisions of this Section, but the preference shall be given after the posting or publication of the initial eligibility list or register at the request of a person entitled to a credit before any certification or appointments are made from the eligibility register, upon the furnishing of verifiable evidence and proof of qualifying preference credit. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial eligibility list, or the claim shall be deemed waived. Final eligibility registers shall be established after the awarding of verified preference points. However, apprentice preference credit earned subsequent to the establishment of the final eligibility register may be applied to the applicant's score upon certification by the Joint Apprenticeship Committee to the commission and the rank order of candidates on the final eligibility register shall be adjusted accordingly. All employment shall be subject to the commission's initial hire background review, including, but not limited to, criminal history, employment history, moral character, oral examination, and medical and psychological examinations, all on a pass-fail basis. The medical and psychological examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended. Any person placed on an eligibility list who exceeds the age requirement before being appointed to a fire department shall remain eligible for appointment until the list is abolished, or his or her name has been on the list for a period of 2 years. No person who has attained the age of 35 years shall be inducted into a fire department, except as otherwise provided in this Section. The commission shall strike off the names of candidates for original appointment after the names have been on the list for more than 2 years. (i) Moral character. No person shall be appointed to a fire department unless he or she is a person of good character; not a habitual drunkard, a gambler, or a person who has been convicted of a felony or a crime involving moral turpitude. However, no person shall be disqualified from appointment to the fire department because of the person's record of misdemeanor convictions except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or arrest for any cause without conviction thereon. Any such person who is in the department may be removed on charges brought for violating this subsection and after a trial as hereinafter provided. A classifiable set of the fingerprints of every person who is offered employment as a certificated member of an affected fire department whether with or without compensation, shall be furnished to the Illinois State Police and to the Federal Bureau of Investigation by the commission. Whenever a commission is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law of the Civil Administrative Code of Illinois, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files as is necessary to fulfill the request. (j) Temporary appointments. In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment of the fire department, the commission may make temporary appointments, to remain in force only until regular appointments are made under the provisions of this Section, but never to exceed 60 days. No temporary appointment of any one person shall be made more than twice in any calendar year. (k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(70 ILCS 705/16.06c) Sec. 16.06c. Alternative procedure; original appointment; full-time firefighter. (a) Authority. The Joint Labor and Management Committee (JLMC), as defined in Section 50 of the Fire Department Promotion Act, may establish a community outreach program to market the profession of firefighter and firefighter-paramedic so as to ensure the pool of applicants recruited is of broad diversity and the highest quality. Nothing in this Section requires that the Joint Labor and Management Committee establish or operate the community outreach program or master register of eligibles, or to contract with a testing agency to establish or operate such program or register, unless the Joint Labor and Management Committee chooses to do so. For the purposes of this Section, "firefighter" means any person who has been prior to, on, or after the effective date of this amendatory Act of the 97th General Assembly appointed to a fire department or fire protection district or employed by a State university and sworn or commissioned to perform firefighter duties or paramedic duties, or both, except that the following persons are not included: part-time firefighters; auxiliary, reserve, or voluntary firefighters, including paid-on-call firefighters; clerks and dispatchers or other civilian employees of a fire department or fire protection district who are not routinely expected to perform firefighter duties; and elected officials. (b) Eligibility. Persons eligible for placement on the master register of eligibles shall consist of the following: Persons who have participated in and received a | ||
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Qualified candidates shall be listed on the master | ||
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Any person currently employed as a full-time member | ||
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(c) Qualifications for placement on register of eligibles. The purpose for establishing a master register of eligibles shall be to identify applicants who possess and demonstrate the mental aptitude and physical ability to perform the duties required of members of the fire department in order to provide the highest quality of service to the public. To this end, all applicants for original appointment to an affected fire department through examination conducted by the Joint Labor and Management Committee (JLMC) shall be subject to examination and testing which shall be public, competitive, and open to all applicants. Any examination and testing procedure utilized under subsection (e) of this Section shall be supported by appropriate validation evidence and shall comply with all applicable state and federal laws. Any subjective component of the testing must be administered by certified assessors. All qualifying and disqualifying factors applicable to examination processes for local commissions in this amendatory Act of the 97th General Assembly shall be applicable to persons participating in Joint Labor and Management Committee examinations unless specifically provided otherwise in this Section. Notice of the time, place, general scope, and fee of every JLMC examination shall be given by the JLMC or designated testing agency, as applicable, by a publication at least 30 days preceding the examination, in one or more newspapers published in the region, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the region. The JLMC may publish the notice on the JLMC's Internet website. Additional notice of the examination may be given as the JLMC shall prescribe. (d) Examination and testing components for placement on register of eligibles. The examination and qualifying standards for placement on the master register of eligibles and employment shall be based on the following components: mental aptitude, physical ability, preferences, moral character, and health. The mental aptitude, physical ability, and preference components shall determine an applicant's qualification for and placement on the master register of eligibles. The consideration of an applicant's general moral character and health shall be administered on a pass-fail basis after a conditional offer of employment is made by a local commission. (e) Mental aptitude. Examination of an applicant's mental aptitude shall be based upon written examination and an applicant's prior experience demonstrating an aptitude for and commitment to service as a member of a fire department. Written examinations shall be practical in character and relate to those matters that fairly test the capacity of the persons examined to discharge the duties performed by members of a fire department. Written examinations shall be administered in a manner that ensures the security and accuracy of the scores achieved. Any subjective component of the testing must be administered by certified assessors. No person who does not possess a high school diploma or an equivalent high school education shall be placed on a register of eligibles. Local commissions may establish educational, emergency medical service licensure, and other pre-requisites for hire within their jurisdiction. (f) Physical ability. All candidates shall be required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. For the purposes of this Section, essential functions of the job are functions associated with duties that a firefighter may be called upon to perform in response to emergency calls. The frequency of the occurrence of those duties as part of the fire department's regular routine shall not be a controlling factor in the design of examination criteria or evolutions selected for testing. These physical examinations shall be open, competitive, and based on industry standards designed to test each applicant's physical abilities in each of the following dimensions: (1) Muscular strength to perform tasks and evolutions | ||
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(2) The ability to climb ladders, operate from | ||
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(3) The ability to carry out critical, | ||
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The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests approved by the Joint Labor-Management Committee of the Office of the State Fire Marshal. (g) Scoring of examination components. The examination components shall be graded on a 100-point scale. A person's position on the master register of eligibles shall be determined by the person's score on the written examination, the person successfully passing the physical ability component, and the addition of any applicable preference points. Applicants who have achieved at least the minimum score as set by the JLMC on the written examination, and who successfully pass the physical ability examination shall be placed on the initial eligibility register. Minimum
scores should be set by the JLMC so as to demonstrate a candidate's ability to perform the essential functions of the job. The minimum score set by the JLMC shall be supported by appropriate validation evidence and shall comply with all applicable state and federal laws. Applicable preference points shall be added to the written examination scores for all applicants who qualify for the initial eligibility register. Applicants who score at or above the minimum passing score as set by the JLMC, including any applicable preference points, shall be placed on the master register of eligibles by the JLMC. These persons shall take rank upon the register as candidates in the order of their relative excellence based on the highest to the lowest total points scored on the mental aptitude and physical ability components, plus any applicable preference points requested and verified by the JLMC, or approved testing agency. No more than 60 days after each examination, a revised master register of eligibles shall be posted by the JLMC showing the final grades of the candidates without reference to priority of time of examination. (h) Preferences. The board shall give military, education, and experience preference points to those who qualify for placement on the master register of eligibles, on the same basis as provided for examinations administered by a local commission. No person entitled to preference or credit shall be required to claim the credit before any examination held under the provisions of this Section. The preference shall be given after the posting or publication of the applicant's initial score at the request of the person before finalizing the scores from all applicants taking part in a JLMC examination. Candidates who are eligible for preference credit shall make a claim in writing within 10 days after the posting of the initial scores from any JLMC test or the claim shall be deemed waived. Once preference points are awarded, the candidates shall be certified to the master register in accordance with their final score including preference points. (i) Firefighter apprentice and firefighter-paramedic apprentice. The employment of an applicant to an apprentice position (including a currently employed full-time member of a fire department whose apprenticeship may be reduced or waived) shall be subject to the applicant passing the moral character standards and health examinations of the local commission. In addition, a local commission may require as a condition of employment that the applicant demonstrate current physical ability by either passing the local commission's approved physical ability examination, or by presenting proof of participating in and receiving a passing score on the physical ability component of a JLMC test within a period of up to 12 months before the date of the conditional offer of employment. Applicants shall be subject to the local commission's initial hire background review including criminal history, employment history, moral character, oral examination, and medical examinations which may include polygraph, psychological, and drug screening components, all on a pass-fail basis. The medical examinations must be conducted last, and may only be performed after a conditional offer of employment has been extended. (j) Selection from list. Any municipality or fire protection district that is a party to an intergovernmental agreement under the terms of which persons have been tested for placement on the master register of eligibles shall be entitled to offer employment to any person on the list irrespective of their ranking on the list. The offer of employment shall be to the position of firefighter apprentice or firefighter-paramedic apprentice. Applicants passing these tests may be employed as a firefighter apprentice or a firefighter-paramedic apprentice who shall serve an apprenticeship period of 12 months or less according to the terms and conditions of employment as the employing municipality or district offers, or as provided for under the terms of any collective bargaining agreement then in effect. The apprenticeship period is separate from the probationary period. Service during the apprenticeship period shall be on a probationary basis. During the apprenticeship period, the apprentice's training and performance shall be monitored and evaluated by a Joint Apprenticeship Committee. The Joint Apprenticeship Committee shall consist of 4 members who shall be regular members of the fire department with at least 10 years of full-time work experience as a firefighter or firefighter-paramedic. The fire chief and the president of the exclusive bargaining representative recognized by the employer shall each appoint 2 members to the Joint Apprenticeship Committee. In the absence of an exclusive collective bargaining representative, the chief shall appoint the remaining 2 members who shall be from the ranks of company officer and firefighter with at least 10 years of work experience as a firefighter or firefighter-paramedic. In the absence of a sufficient number of qualified firefighters, the Joint Apprenticeship Committee members shall have the amount of experience and the type of qualifications as is reasonable given the circumstances of the fire department. In the absence of a full-time member in a rank between chief and the highest rank in a bargaining unit, the Joint Apprenticeship Committee shall be reduced to 2 members, one to be appointed by the chief and one by the union president, if any. If there is no exclusive bargaining representative, the chief shall appoint the second member of the Joint Apprenticeship Committee from among qualified members in the ranks of company officer and below. Before the conclusion of the apprenticeship period, the Joint Apprenticeship Committee shall meet to consider the apprentice's progress and performance and vote to retain the apprentice as a member of the fire department or to terminate the apprenticeship. If 3 of the 4 members of the Joint Apprenticeship Committee affirmatively vote to retain the apprentice (if a 2 member Joint Apprenticeship Committee exists, then both members must affirmatively vote to retain the apprentice), the local commission shall issue the apprentice a certificate of original appointment to the fire department. (k) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Section, commits a violation of this Section and may be subject to charges for official misconduct. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the examination or discharged from the position to which he or she was appointed, as applicable, and otherwise subjected to disciplinary actions.
(Source: P.A. 102-188, eff. 1-1-22.) |
(70 ILCS 705/16.07) (from Ch. 127 1/2, par. 37.07)
Sec. 16.07.
Additional credit or points.
(a) All persons who, when this amendatory Act takes effect, are, or
have been, full-time paid officers or members of the fire department of
such fire protection district or of a regularly constituted full-time paid
fire department of any municipality which shall be or shall have
subsequently been included within the boundaries of any fire protection
district now or hereafter organized shall be given an additional credit in
the examination provided for in Section 16.06 of two per cent (2%) (on
basis of 100%) for each twelve months or fraction thereof of such service
in the department for which said person is being examined.
(b) All persons who, on or after the effective date of this amendatory
Act of 1993, have been paid-on-call certified firefighters II, paramedics,
or any combination of the foregoing, of the fire protection district or
municipality shall be awarded one-half point for each year of successful
service in one or more of those capacities, up to a maximum of 5 points at the
time of initial hire. Certified firefighters III shall be awarded one point per
year to a maximum of 5 points. Applicants from outside the fire protection
district or municipality who were employed as full-time firefighters by another
fire protection district or municipality for at least 2 years shall have the
same preference as paid-on-call personnel. These additional points presuppose a
rating scale totalling 100 points available for initial hire. If more or fewer
points are used in the rating scale for initial hire, the points awarded under
this subsection shall be revised so that the points awarded for each year of
successful paid-on-call service shall be equal to 0.01 times the total points
available.
No person entitled to additional points for paid-on-call service under this
subsection shall be required to claim that preference or credit before an
examination is held. The preference shall be given after the posting or
publication of the eligibility list or at the written request of a person
before any certification or appointments are made from the eligibility
register. To qualify for the preference, applicants who are eligible for
paid-on-call credit under this subsection shall make a claim for that credit,
in writing, within 10 days after the posting of the eligibility list, or the
claim shall be deemed waived. Upon request by the board of fire commissioners,
the board of trustees shall certify to the board of fire commissioners, within
10 days of the request, the number of years of successful paid-on-call service
of any person. A candidate may not receive preference points for a certificate
if the amount of points awarded would place the candidate before a veteran on
the eligibility list.
(Source: P.A. 88-440.)
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(70 ILCS 705/16.08a) (from Ch. 127 1/2, par. 37.08a)
Sec. 16.08a.
(a) Persons who were engaged in the military or naval
service of the United States for a period of at least one year and who were
honorably discharged therefrom, or who are now or may hereafter be on
inactive or reserve duty in such military or naval service shall be
preferred for appointments to offices, positions, and places of employment
in a fire department of a district subject to Sections 16.01 through 16.18.
(b) The board of fire commissioners shall give preference for original
appointment to persons designated in subsection (a) whose names appear on
any register of eligibles resulting from an examination for original
entrance in the classified service of the fire department of any such
district by adding to the final grade average which they receive or will
receive as the result of any examination held for original entrance, 5
points. The numerical result thus attained shall be applied by the board
of fire commissioners in determining the position of such persons on any
eligibility list which has been created as the result
of any examination for original entrance for purposes of preference in
certification and appointment from such eligibility list.
(c) Every member of the classified service of the fire department of any
such district who was engaged in military or naval service of the United
States at any time for a period of at least one year and who was honorably
discharged therefrom, who is now or who may hereafter be on inactive or
reserve duty in such military or naval service, not including, however,
persons who were convicted by court-martial of disobedience of orders where
such disobedience consisted in the refusal to perform military service on
the ground of alleged religious or conscientious objections against war,
and whose name appears on existing promotional eligibility registers or any
promotional eligibility register that may hereafter be created as provided
by this Act, shall be preferred for promotional appointments of the fire
department of any such district.
(d) No person entitled to preference or credit for military or naval
service under this Section shall be required to claim such preference or
credit before an examination is held. Such preference shall be given after
the posting or publication of the eligibility list or register at the
written request of such person before any certification or appointments are
made from the eligibility register. To qualify for such preference,
applicants who are eligible for military credit shall make a claim in
writing within 10 days after the posting of the eligibility list or such
claims shall be deemed waived. Applicants shall also furnish evidence of
an honorable discharge and proof of such service.
(Source: P.A. 86-562.)
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(70 ILCS 705/16.08b) Sec. 16.08b. Emergency medical technician licensure; training. (a) The board of trustees of a fire protection district may require that all firefighters hired on or after January 1, 2005 (the effective date of Public Act 93-952) by any fire department within the district to be licensed as an EMT, EMT-I, A-EMT, or paramedic under the Emergency Medical Services (EMS) Systems Act.
(b) The board of trustees of a fire protection district must, subject to appropriation by the General Assembly, reimburse the mandatory training expenses of an EMT, EMT-I, A-EMT, or paramedic employed by or under contract with the fire protection district, including the training expenses of a firefighter required to be licensed as an EMT, EMT-I, A-EMT, or paramedic under subsection (a). (Source: P.A. 103-226, eff. 1-1-24.) |
(70 ILCS 705/16.09) (from Ch. 127 1/2, par. 37.09)
Sec. 16.09.
Notice of the time and place of every eligibility examination shall be
given by the board by a publication at least two weeks preceding the
examination in a newspaper of general circulation within the fire protection district.
(Source: P.A. 101-41, eff. 7-12-19.)
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(70 ILCS 705/16.10) (from Ch. 127 1/2, par. 37.10)
Sec. 16.10.
The board of fire commissioners shall prepare and keep a
register of persons whose general average standing, upon examination, is
not less than the minimum fixed by the rules of the board, and who are
otherwise eligible. These persons shall take rank upon the register as
candidates in the order of their relative excellence as determined by
examination. Appointments to the lowest rank in the department from the
register shall be subject to final physical examination. The board shall
strike off the names of candidates after such names have been on the list
for more than 2 years. If a person is placed on the eligibility list for
the lowest rank in the department and becomes overage before he is
appointed to the fire department, he remains eligible for appointment until
the list is abolished pursuant to this Section.
(Source: P.A. 86-562.)
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(70 ILCS 705/16.11) (from Ch. 127 1/2, par. 37.11)
Sec. 16.11.
The board, by its rules, shall provide for promotion in the
fire department on the basis of ascertained merit and seniority in service
and examination, and shall provide in all cases, where it is practicable,
that vacancies shall be filled by promotion. All examinations for promotion
shall be competitive among such members of the next lower rank as desire to
submit themselves to examination. All promotions shall be made from the
3 having the highest rating and where there are less than 3
names on the promotional eligible register, as originally posted, or
remaining thereon after appointments have been made therefrom, appointments
to fill existing vacancies shall be made from those names or name remaining
on the promotional register. The method of examination and the rules
governing examinations for promotion shall be the same as provided for
applicants for original appointment.
The board shall strike off the names of candidates for promotional
appointment after they have remained thereon for more than 3 years,
provided there is no vacancy existing which can be filled from the promotional register.
(Source: P.A. 85-603.)
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(70 ILCS 705/16.11a) (from Ch. 127 1/2, par. 37.11a)
Sec. 16.11a.
Subject to the exemptions enumerated in Section 16.11b, no
person employed in the fire department of any fire protection district
organized under this Act shall be required to remain on duty in his
employment for periods of time which, in the aggregate in any month, amount
to more than 56 hours for each week in that month.
(Source: Laws 1967, p. 2568.)
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(70 ILCS 705/16.11b) (from Ch. 127 1/2, par. 37.11b)
Sec. 16.11b.
The provisions of Section 16.11a do not apply:
(1) To the person in command of a fire protection district fire
department;
(2) To employees of a fire protection district fire department who are
employed subject to call; or
(3) To the members or employees of a fire protection district fire
department, when required to remain on duty by the marshal or chief officer
or any of his aides on account of a serious emergency caused by
conflagration, riot, or other causes.
(Source: Laws 1967, p. 2568.)
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(70 ILCS 705/16.12) (from Ch. 127 1/2, par. 37.12)
Sec. 16.12.
In order to prevent a stoppage of public business, to meet
extraordinary exigencies, or to prevent material impairment of the fire
department, the board may make temporary appointments, to remain in force
until regular appointments may be made under the provisions of this Act,
but never to exceed sixty days.
No temporary appointment of any person shall be made more than twice in
any calendar year.
(Source: P.A. 85-603.)
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(70 ILCS 705/16.13a) (from Ch. 127 1/2, par. 37.13a)
Sec. 16.13a.
When the force of the Fire Department is reduced, and
positions displaced or abolished, seniority shall prevail, and the officers
and members so reduced in rank or removed from the service of the Fire
Department shall be considered furloughed without pay.
Such reductions and removals shall be in strict compliance with
seniority and in no event shall any officer or member be reduced more than
one rank in a reduction of force. Officers and members with the least
seniority in the position to be reduced shall be reduced to the next lower
rated position. For purposes of determining which officers and members
will be reduced in rank, seniority shall be determined by adding the time
spent at the rank or position from which the officer or member is to be
reduced and the time spent at any higher rank or position in the
Department. For purposes of determining which officers or members in the
lowest rank or position shall be removed from the Department in the event
of a layoff, length of service in the Department shall be the basis for
determining seniority, with the least senior such officer or member being
the first so removed and laid off. Such officers or members laid off shall
have their names placed on an appropriate reemployment list in the reverse
order of dates of layoff.
If any positions which have been vacated because of reduction in forces
or displacement and abolition of positions are reinstated, such members
and officers of the Fire Department as are furloughed from the position
shall be notified by the board by registered mail of such reinstatement
of positions and shall have prior right to such positions if otherwise
qualified, and in all cases seniority shall prevail. Written application
for such reinstated position must be made by the furloughed person within
30 days after notification as above provided and such person may be
required to submit to examination by physicians of the board of fire
commissioners to determine his physical fitness.
(Source: P.A. 86-562.)
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(70 ILCS 705/16.13b) (from Ch. 127 1/2, par. 37.13b)
Sec. 16.13b. Unless the employer and a labor organization have agreed
to a contract provision providing for final and binding arbitration of
disputes concerning the existence of just cause for disciplinary action,
no officer or member of the fire department of any protection district who
has held that position for one year shall be removed or discharged
except for just cause, upon written charges specifying the
complainant and the basis for the charges, and after a hearing on those
charges before the board of fire commissioners, affording the officer or
member an opportunity to be heard in his own defense. In such case the
appointing authority shall file with the board of trustees the reasons for
such removal or discharge, which removal or discharge shall not become
effective unless confirmed by a majority vote of the board of trustees.
If written charges are brought against an officer or member,
the board of fire commissioners shall conduct a fair and impartial hearing
of the charges, to be commenced within 30 days of the filing thereof, which
hearing may be continued from time to time. The Chief of the department
shall bear the burden of proving the guilt of the officer or member by a
preponderance of the evidence. In case an officer or member is found
guilty, the board may discharge him, or may suspend him not exceeding 30
calendar days without pay. The board may suspend any officer or member
pending the hearing with or without pay, but in no event shall the
suspension pending hearing and the ultimate suspension imposed on the
officer or member, if any, exceed 30 calendar days without pay in the
aggregate. If the board of fire commissioners determines that the charges
are not sustained, the officer or member shall be reimbursed for all wages
withheld or lost, if any. In the conduct of this hearing, each member of
the board shall have power to secure by its subpoena both the attendance
and testimony of witnesses and the production of books and papers relevant
to the hearing.
Notwithstanding any other provision of this Section, a probationary employment period may be extended beyond one year for a firefighter who is required as a condition of employment to be a licensed paramedic, during which time the sole reason that a firefighter may be discharged without a hearing is for failing to meet the requirements for paramedic licensure.
The age for mandatory retirement of firemen in the service of any
department of such district is 65 years, unless the board of trustees shall
by ordinance provide for an earlier mandatory retirement age of not less
than 60 years.
The provisions of the Administrative Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto, shall apply
to and govern all proceedings for the judicial review of final
administrative decisions of the board of fire commissioners hereunder. The
term "administrative decision" is defined as in Section 3-101 of the Code
of Civil Procedure.
Nothing in this Section shall be construed to prevent the Chief of the
fire department from suspending without pay a member of his department for
a period of not more than 5 consecutive calendar days, but he shall
notify the board in writing of such suspension. Any fireman so suspended
may appeal to the board of fire commissioners for a review of the
suspension within 5 calendar days after such suspension. Upon such appeal,
the Chief of the department shall bear the burden of proof in establishing
the guilt of the officer or member by a preponderance of the evidence. The
board may sustain the action of the Chief of the department, may reduce the
suspension to a lesser penalty, or may reverse it with instructions that
the officer or member receive his pay and other benefits withheld for the
period involved, or may suspend the officer for an additional period of not
more than 30 days, or discharge him, depending upon the facts presented.
(Source: P.A. 98-973, eff. 8-15-14.)
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(70 ILCS 705/16.13c) (from Ch. 127 1/2, par. 37.13c)
Sec. 16.13c.
When the force of the fire department is reduced, and
positions displaced or abolished, seniority shall prevail and the officers
and members so reduced in rank, or removed from the service of the fire
department shall be considered furloughed without pay.
If any positions which have been vacated because of a reduction in forces
or displacement and abolition of positions are reinstated, such members
and officers of the fire department as are furloughed from the positions
shall be notified by the board by registered mail of such reinstatement of
positions and shall have prior right to such positions if otherwise
qualified, and in all cases seniority shall prevail. Written application
for such reinstated position must be made by the furloughed person within
30 days after notification as above provided and such person may be
required to submit to examination by physicians of the board of fire
commissioners to determine his physical fitness.
(Source: P.A. 85-1209.)
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(70 ILCS 705/16.13d) (from Ch. 127 1/2, par. 37.13d)
Sec. 16.13d.
(a) A firefighter who is an elected state officer of a
statewide labor organization that is a representative of fire protection
district firefighters in Illinois shall be granted leave by the district,
without loss of pay or benefits and without being required to make up for
lost time, for work hours devoted to performing the firefighter's
responsibilities as an elected state officer of the statewide labor
organization; provided that the elected officer has arranged for a
firefighter from the same district who is qualified to perform the absent
firefighter's duties to work for those hours.
(b) The statewide labor organization shall, by May 1 of each year:
(1) designate 4 elected state officers, whose right | ||
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(2) notify each fire protection district that is the | ||
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(c) For the purposes of this Section:
"Statewide labor organization" means an organization representing
firefighters employed by at least 85 municipalities in this State, that is
affiliated with the Illinois State Federation of Labor.
"Elected state officer" means a full-time firefighter who is one of the
9 top elected officers of the statewide labor organization.
(Source: P.A. 86-1395.)
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(70 ILCS 705/16.14) (from Ch. 127 1/2, par. 37.14)
Sec. 16.14.
Annually, at any time the corporate authorities may provide,
the board of fire commissioners shall submit to the board of trustees a
report of its activities, and of the rules in force and the practical
effect thereof. In this report the board of fire commissioners may make
suggestions which it believes would result in greater efficiency or safety
in the fire department. The board of trustees shall respond in writing to
any such suggestions within 60 days of receipt, setting forth their
acceptance or rejection of such suggestions, with the specific reasons
for either.
The board shall also submit an annual budget request to the trustees of
the district prior to the end of the fiscal year or as may be requested by
the trustees. The trustees shall provide adequate funding in the annual
appropriation ordinance for the operation of the board.
(Source: P.A. 86-562.)
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(70 ILCS 705/16.15) (from Ch. 127 1/2, par. 37.15)
Sec. 16.15.
The board may employ a secretary, or may designate one of its
own members to act as secretary. The secretary (1) shall keep the minutes
of the board's proceedings, (2) shall be the custodian of all papers
pertaining to the business of the board, (3) shall keep a record of all
examinations held, and (4) shall perform all other duties the board
prescribes.
(Source: Laws 1951, p. 1782.)
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(70 ILCS 705/16.16) (from Ch. 127 1/2, par. 37.16)
Sec. 16.16.
No person holding a lucrative office under the United
States, this State, or a municipality or fire protection districts shall be
a member of the board of fire commissioners, and the acceptance of any such
lucrative office by a member of the board shall be treated as a resignation
of his office as a member of the board. No more than two members of the
board shall belong to the same political party.
(Source: P.A. 86-562.)
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(70 ILCS 705/16.16a) (from Ch. 127 1/2, par. 37.16a)
Sec. 16.16a.
(a) No fire protection district may make or enforce any rule
or ordinance which will in any way inhibit or prohibit any employee from
exercising his full political rights to engage in political activities,
including the right to petition, make speeches, campaign door to door, and
to run for public office, so long as the employee does not use his official
position to coerce or influence others and does not engage in these
activities while he is at work on duty.
(b) A person who is a member or officer of a fire department who is
injured or becomes ill while in the performance of his duties and because
of such injury is temporarily unable to continue to perform his duties or
who enters the military or naval service of the United States because of
war in which the United States is a party or as required by an Act of
Congress, shall upon written application, be granted a disability or
military leave as the case may be.
(c) A person who is on disability leave or military leave granted by the
board and who wishes to return to active duty in his position, if otherwise
qualified, shall be reinstated to his position at the rank or grade held at
the start of the leave, not more than 60 days after his written request for
reinstatement is filed with the board. Such request shall be filed not
more than 30 days after termination of the disability or military or naval
service. If the leave was for an injury or illness incurred in the
performance of duty or because of military or naval service, the person
shall be credited with seniority in the department and in his rank or grade
for the period of such leave.
If a fire department is at full strength, the procedure would be to place
the last person hired on furlough and reinstate the returning serviceman
or woman.
(Source: P.A. 86-562.)
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(70 ILCS 705/16.17) (from Ch. 127 1/2, par. 37.17)
Sec. 16.17.
The board of trustees shall provide suitable rooms for the
board of fire commissioners, and shall allow reasonable use of public
buildings for holding examinations by the board.
(Source: Laws 1951, p. 1782.)
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(70 ILCS 705/16.18) (from Ch. 127 1/2, par. 37.18)
Sec. 16.18.
The secretary shall be paid a reasonable compensation for his
services, to be fixed by the board of trustees. The board of trustees shall
also fix the compensation to be paid to the members of the board of fire
commissioners, but until the board of trustees makes provision therefor,
the members of the board of fire commissioners shall serve without
compensation.
(Source: Laws 1951, p. 1782.)
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(70 ILCS 705/17) (from Ch. 127 1/2, par. 38)
Sec. 17.
If any section, paragraph, clause or provision of this Act is
held invalid, the invalidity of such section, paragraph, clause or
provision shall not affect any of the other sections, paragraphs, clauses
or provisions of this Act.
(Source: Laws 1949, p. 1484.)
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(70 ILCS 705/18) (from Ch. 127 1/2, par. 38.1)
Sec. 18.
In any case where a fire protection district does not own or
operate any fire fighting equipment and there are no bonds of such
district outstanding and part of its territory shall be annexed to a
city, village or incorporated town, which municipality was at the time
of such annexation obligated by contract to furnish fire protection to
the district, and where the board of trustees of such district consents,
such annexed territory shall be disconnected from the district as
follows: Certified copy of resolution giving such consent and containing
a description of the boundaries of the area so annexed, together with a
certified copy of the annexation ordinance or other proof of annexation,
shall be filed with the court of the county where the fire protection
district was organized. The court shall then enter a disconnection order
stating that the territory shall be disconnected from the fire
protection district. The circuit clerk shall transmit a certified copy
of the order to the county clerk of each county in which any of the
disconnected territory is situated and to the Office of the State Fire Marshal.
This Section shall not affect the right to proceed under any other
Section of this Act for the disconnection of territory from a fire
protection district.
(Source: P.A. 85-556.)
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(70 ILCS 705/19) (from Ch. 127 1/2, par. 38.2)
Sec. 19.
Territory may be disconnected from a fire protection district
in the manner provided by this section but only (1) when the territory
comprised of property of a majority of the property owners of the fire
protection
district has been annexed to a city, village or incorporated town, (2) when
such annexing city, village or incorporated town has, prior to the filing
of a petition to disconnect, agreed by ordinance to assume all the bonded
indebtedness and other debts of the fire protection district and to provide
fire protection service to the unannexed portion of the district, which
service shall be at least the equivalent of the service being rendered by
the fire protection district and has agreed to take over all property, assets
and equipment of the fire protection district, and (3) at least one per
cent of the electors of the fire protection district petition for disconnection
in the court in which such district originally petitioned for formation.
The petition shall set forth (1) the description of the fire protection
district sought to be disconnected, (2) that the territory comprised of
a majority of the property owners of the district has been annexed to a
city, village or incorporated town, (3) that the annexing city, village
or incorporated town has, prior to the filing of the petition, agreed by
ordinance to assume all the bonded indebtedness and other debts of the district
and to provide fire protection service to the unannexed portion of the
district, which service shall be at least the equivalent of the service being
rendered
by the fire protection district and has agreed to take over all property,
assets and equipment of the district, and (4) that at least one per cent
of the electors of the district have signed the petition.
Upon the filing of the petition, the court shall set a day for hearing,
not less than 2 weeks nor more than 4 weeks from the filing thereof, and
the court, or the circuit clerk or sheriff upon order of the court, shall
give a ten days notice of such hearing in one or more daily or weekly
newspapers
of general circulation in the county, or in each county wherein the district
is organized and by posting at least 10 copies of the notice in conspicuous
places in the district.
If the court finds that any of the conditions herein required for the
disconnection do not exist it shall enter an order dismissing the petition.
In taking any action upon the petition the findings of the court shall be filed
of record in the court. All property owners
in the district and all persons interested therein, may file objections,
and at the hearing may appear and contest the requested disconnection and
the matters averred in the petition, and both objectors and petitioners
may offer any competent evidence in regard thereto.
If the court finds, upon hearing the petition, that the petition meets
the conditions hereinbefore set forth, it shall certify to the proper election
officials its order and the question of whether the territory shall be
disconnected
and such election officials shall submit that question at an election in
such district in accordance with the general election law. The proposition
shall be in substantially the following form:
Shall the territory described as YES ......... be disconnected from the ......... Fire Protection District. NO
If a majority of the vote cast upon the question shall be in favor of
disconnection, the annexed territory shall be disconnected from the fire
protection district
and all debts and liabilities and property of the fire protection district
shall be taken over by the annexing city, village or incorporated town.
The annexing city, village or incorporated town shall enter into a written
agreement with the fire protection district that said city, village or
incorporated
town shall provide fire protection service to the remaining portion of the
fire protection district, which service shall be at least the equivalent
of the service rendered by the
said fire protection district. The fire protection district shall continue
in existence and continue to levy and extend taxes upon the remaining portion
of the district at the same rate as levied and extended in the year prior
to the disconnection, excluding, however, the amount of taxes levied in
the prior year for payment of a bonded indebtedness, which tax moneys, after
deducting the necessary operating expenses of the fire protection district,
shall be paid to the annexing municipalities as a consideration for the
providing of the fire protection service. Elections under this section shall
not be held more often than once every 2 years.
If the entire territory served by a fire protection district is annexed
to a city, village or incorporated town providing fire protection as a
municipal function, the said fire protection district shall cease to operate
and be
dissolved if the annexing municipality adopts an ordinance providing that
it will provide fire protection service to the entire area of the fire
protection district, which service would be at least the equivalent of the
service
rendered by the fire protection district and would assume, take over and
pay all outstanding bonded indebtedness and legal obligations of the fire
protection district. In the event of the filing of such an ordinance the
fire protection district shall then pass an ordinance dissolving the district
and turn over to the annexing municipality at no cost all of the real and
personal property owned by the fire protection district. The trustees of
the fire protection district shall do and perform all acts necessary to
transfer all of the property of the fire protection district to the
municipality and the governing body of the municipality
shall do and perform all acts necessary to assume and pay all of the bonded
indebtedness and other obligations of the fire protection district.
(Source: P.A. 83-343.)
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(70 ILCS 705/19a) (from Ch. 127 1/2, par. 38.2a)
Sec. 19a.
(a) In any county having a population of
more than 600,000 but less than 1,000,000, territory located within the
corporate limits of any municipality and which
is included within the limits of any fire protection district may be disconnected
from the district and transferred to another district providing fire protection
service within such municipality and to which the territory is contiguous,
in the manner hereinafter set forth, if: (1) the municipality does not provide
fire protection service; (2) the territory comprises all of that portion
of a fire protection district located within such municipality; (3) the
territory would receive equal or greater benefits from the district to which
it seeks to be transferred; (4) the district to which the transfer is sought
to be made provides fire protection service to more than 70% of the territory
of the municipality; and (5) the trustees of the district to which the transfer
is sought to be made do not file a written refusal to accept the territory
within the time hereinafter specified.
(b) Territory disconnected pursuant to this Section shall remain liable
for its proportionate share of the bonded indebtedness outstanding as of the
date of disconnection, if any, of the district from which it was disconnected,
and shall assume a proportionate share of the bonded indebtedness, if any,
of the district to which it is transferred.
(c) Five percent or more of the legal voters residing within the limits
of the territory proposed to be transferred may file a petition, in the
court of the county where the district to which it seeks to be transferred
is organized, setting forth: the description of the territory sought to
be transferred; that the territory is located within the corporate limits
of a municipality; that the district to which the transfer is sought provides
fire protection service within such municipality; that the territory is
contiguous to the district to which the transfer is sought to be made; that
such municipality does not provide fire protection service; that the territory
comprises all of that portion of a fire protection district located within
such municipality; that the territory will receive equal or greater benefits
from the district to which it seeks the transfer; that the district to which
the transfer is sought to be made provides fire protection service to more
than 70% of the territory of such municipality; and the amount of any outstanding
bonded indebtedness against the district or districts in which the territory
is then situated which has been incurred pursuant to this Act; and praying
that the question whether the transfer shall be made, and whether the voters
of such territory shall remain liable for a proportionate share of the bonded
indebtedness outstanding as of the date of the transfer, if any, of the
district from which it was transferred and also assume a proportionate share
of the bonded indebtedness, if any, of the district to which the transfer
is to be made, be submitted to the voters of the territory sought to be transferred.
(d) Upon the filing of the petition, the court shall set a day for hearing,
not less than 2 weeks nor more than 4 weeks from the filing thereof, and
the court, or the circuit clerk or sheriff upon order of the court, shall
give 2 weeks notice of such hearing in one or more daily or weekly newspapers
of general circulation in the county or in each county wherein the district
or districts from which the territory sought to be transferred is organized,
and by posting at least 10 copies of the notice in conspicuous places in
the district or in each of the districts from which the territory is sought
to be transferred, and in addition shall cause a copy of the notice to be
personally served upon each of the trustees of the district to which the
transfer is sought to be made at least one week before the date set for
the hearing. In such notice, or in any accompanying notice to be served
upon the trustees at the same time, a recital shall be made stating that
the trustees may at any time prior to the date of the hearing, or within
such additional time as may be granted by the court upon request in writing
filed on or before such date, file a written refusal to accept the territory
as part of their district. However, such notification need not be given
to the trustees if they file in the proceeding their written appearances
or written consent to a transfer of the territory to their district.
(e) At any time prior to the date set for the hearing, or within such additional
time as may be granted by the court, the trustees of the district to which
the transfer is sought to be made may file a written refusal to accept the
territory as part of their district and in case of such refusal the court
shall enter an order dismissing the petition for the transfer. The trustees
may withdraw their refusal at any time prior to the entry of an order dismissing
the petition. In case the trustees fail to file a written refusal within
the time hereinbefore authorized, they shall be deemed to have consented
to a transfer of the territory to their district, and consent once given
may not be withdrawn without leave of court for good cause shown. In case
of such consent, the court shall proceed with the matter as herein provided,
but if the court finds that any of the conditions herein required for the
making of a transfer do not exist it shall enter an order dismissing the
petition. In taking any action upon the petition, the findings of the court
shall become a part of the court record in the case.
(f) All property owners in the district from which the transfer is sought,
and all persons interested therein, may file objections, and at the hearing
may appear and contest the transfer and the matters averred in the petition, and
objectors and petitioners may offer any competent evidence in regard thereto.
In addition, all persons residing in or interested in any of the property
situated in the territory sought to be transferred shall have an opportunity
to be heard regarding the location and boundary of the territory to be voted
upon for such transfer, and may make suggestions about such matters.
(g) If the court shall, upon hearing the petition, find that the territory
described in the petition would receive equal or greater benefits by being
so transferred and meet the conditions hereinbefore set forth, it shall
certify to the proper election officials the question of whether the territory
shall be transferred, and its order, and such officials shall submit that
question at an election in such territory in accordance with the general
election law. The proposition shall be in substantially the following form:
For making the transfer from the.......... Fire ProtectionDistrict to the .......... FireProtection District, remaining liablefor a proportionate share of the bondedindebtedness outstanding as of the dateof disconnection, if any, of the districtfrom which disconnection is proposed,and also assuming a proportionateshare of the bonded indebtedness, ifany, of the district to which transferis proposed.
Against making the transfer fromthe .......... Fire ProtectionDistrict to the ..........Fire Protection District, remainingliable for a proportionate share ofthe bonded indebtedness outstandingas of the date of disconnection, ifany, of the district from whichdisconnection is proposed, and alsoassuming a proportionate share of thebonded indebtedness, if any, of thedistrict to which the transfer is proposed.
(h) If a majority of the votes cast upon the question of making the transfer
shall be in favor of the transfer, the territory shall thenceforth cease
to be a part of the fire protection district or districts to which it has
been attached and shall become an integral part of the fire protection district
to which the transfer shall have been sought and shall be subject to all
the enjoyments and responsibilities of the latter district. In each case
in which a transfer is
effected pursuant to the provisions hereof, the circuit clerk in whose court
the transfer proceedings have been conducted shall certify copies of all
orders entered in effecting such transfer and file or send them to the proper
county clerk or clerks for filing and to the Office of the
State Fire Marshal.
(Source: P.A. 85-556.)
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(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3) Sec. 20. Disconnection by operation of law. (a) Any territory within a fire protection district that is or has been annexed to a municipality that provides fire protection for property within such city, village or incorporated town is, by operation of law, disconnected from the fire protection district as of the January first after such territory is annexed to the municipality as long as the municipality has conducted a response-time study that shows, at a minimum, estimated response times from the fire protection district to the territory and estimated response times of the municipal fire department from the territory or in case any such territory has been so annexed prior to the effective date of this amendatory Act of 1965, as of January 1, 1966. (b) The disconnection by operation of law does not occur if, within 60 days after such annexation or after the effective date of this amendatory Act of 1965, whichever is later, the fire protection district files with the appropriate court and with the County Clerk of each county in which the fire protection district is located, a petition alleging that such disconnection will cause the territory remaining in the district to be noncontiguous or that the loss of assessed valuation by reason of such disconnection will impair the ability of the district to render fully adequate fire protection service to the territory remaining with the district. When such a petition is filed, with the court and with the County Clerk of each county in which the fire protection district is located, the court shall set it for hearing, and further proceedings shall be held, as provided in Section 15 of this Act, except that the city, village or incorporated town that annexed the territory shall be a necessary party to the proceedings, and it shall be served with summons in the manner for a party defendant under the Civil Practice Law. At such hearing, the district has the burden of proving the truth of the allegations in its petition. (c) If disconnection does not occur, then the city, village or incorporated town in which part of a fire protection district's territory is located, is prohibited from levying the tax provided for by Section 11-7-1 of the Illinois Municipal Code in such fire protection district territory for services provided to the residents of such territory by the fire protection district. (d) If there are any general obligation bonds of the fire protection district outstanding and unpaid at the time such territory is disconnected from the fire protection district by operation of this Section, such territory shall remain liable for its proportionate share of such bonded indebtedness and the fire protection district may continue to levy and extend taxes upon the taxable property in such territory for the purpose of amortizing such bonds until such time as sufficient funds to retire such bonds have been collected. (e) On and after January 1, 2000 (the effective date of Public Act 91-307), when territory is disconnected from a fire protection district under this Section, the annexing municipality shall pay, on or before December 31 of each year for a period of 5 years after the effective date of the disconnection, to the fire protection district from which the territory was disconnected, an amount as follows: (1) In the first year after the disconnection, an | ||
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(2) In the second year after the disconnection, an | ||
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(3) In the third year after the disconnection, an | ||
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(4) In the fourth year after the disconnection, an | ||
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(5) In the fifth year after the disconnection, an | ||
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This subsection (e) applies to a fire protection district only if the corporate authorities of the district do not file a petition against the disconnection under subsection (b). (f) A municipality that does not timely make the payment required in subsection (e) and which refuses to make such payment within 30 days following a written demand by the fire protection district entitled to the payment or which causes a fire protection district to incur an expense in order to collect the amount to which it is entitled under subsection (e) shall, in addition to the amount due under subsection (e), be responsible to reimburse the fire protection district for all costs incurred by the fire protection district in collecting the amount due, including, but not limited to, reasonable legal fees and court costs. (Source: P.A. 102-574, eff. 1-1-22; 102-773, eff. 1-1-23; 103-605, eff. 7-1-24.) |
(70 ILCS 705/20a) (from Ch. 127 1/2, par. 38.3a)
Sec. 20a.
(a) Territory not exceeding 100 acres included within the
limits of any fire protection district and
a home rule municipality that
provides fire protection services or within the limits of any fire protection
district and wholly surrounded by a home rule municipality having between
50,000 and 55,000 inhabitants that provides fire
protection services, in any county having a population of
1,000,000 or more, may be disconnected from the district and receive fire
protection services from the municipality, regardless of whether the
transfer will cause the territory remaining in the district to be
noncontiguous, with the boundaries of the noncontiguous sections not to be
separated by a distance of more than 2,000 feet, in the manner set forth in
this Section and under the following conditions:
(1) if the fire stations of the municipality are | ||
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(2) if the territory being disconnected is all of the | ||
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(3) if the corporate authorities of the municipality | ||
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(b) Territory disconnected under this Section shall remain liable for
its proportionate share of the bonded indebtedness outstanding as of the
date of disconnection, if any, of the district from which it was disconnected.
(c) Five per cent or more of the legal voters residing within the limits
of the territory proposed to be transferred may file a petition, in the
court of the county where the municipality to which it seeks to be transferred
is located, setting forth the following: the description of the territory
sought to be transferred and the amount of any outstanding bonded
indebtedness against the district in which the territory is then situated
that has been incurred under this Act; and praying that the question
whether the transfer shall be made, and whether the voters of such
territory shall remain liable for a proportionate share of the bonded
indebtedness outstanding as of the date of disconnection, if any, of the
district from which it was disconnected, be submitted to the voters of the
territory sought to be transferred.
(d) Upon the filing of the petition, the court shall set a day for
hearing, not less than 2 weeks nor more than 4 weeks from the filing of the
petition, and the court, or the circuit clerk or sheriff upon order of the
court, shall give 2 weeks notice of the hearing in one or more daily or
weekly newspapers of general circulation in the county or in each county
where the district from which the territory sought to be transferred is
organized, and by posting at least 10 copies of the notice in conspicuous
places in the district from which the territory is sought to be
transferred. In addition, the court shall cause a copy of the notice to be
personally served upon the corporate authorities of the municipality to which
the transfer is sought at least one week before the date set for the hearing,
and in the notice, or in any accompanying notice to be served upon the
corporate authorities at the same time, a recital shall be made stating
that the corporate authorities may at any time before the date of the
hearing, or within such additional time as may be granted by the court upon
request in writing filed on or before that date, file a written refusal to
accept the territory as a part of their municipality. The notification
need not be given to the corporate authorities if they file in the
proceeding their written appearances or written consent to the transfer.
(e) At any time before the date set for the hearing, or within such
additional time as may be granted by the court, the corporate authorities
of the municipality to which the transfer is sought to be made may file a
written refusal to accept the transfer, and in case of their refusal the
court shall enter an order dismissing the petition for the transfer. The
corporate authorities may withdraw their refusal at any time before the
entry of an order dismissing the petition. In case the corporate
authorities fail to file a written refusal within the time required under
this Section, they shall be deemed to have consented to the transfer, and
that consent once given may not be withdrawn without leave of court for
good cause shown. In case of such consent, the court shall proceed with the
matter as provided in this Section, but if the court finds that any of the
conditions required under this Section for the making of a transfer do not
exist, it shall enter an order dismissing the petition. In taking any
action upon the petition, the findings of the court shall become a part of
the court record in the case.
(f) All property owners in the district from which the transfer is sought,
and all persons interested therein, may file objections, at the hearing
they may appear and contest the transfer and the matters averred in the
petition, and both objectors and petitioners may offer any competent
evidence in regard to those matters. In addition, all persons residing in or
interested in any of the property situated in the territory sought to be
transferred shall have an opportunity to be heard concerning the location
and boundary of the territory to be voted upon for transfer, and they may
make suggestions regarding those matters.
(g) If the court shall, upon hearing the petition, find that the petition
meets the conditions imposed under this Section, it shall certify to the
proper election officials the question of whether the territory shall be
transferred, and those officials shall submit that question at an election
in the territory in accordance with the general election law. The
proposition shall be in substantially the following form:
For making the transfer for fire protection purposes from the Fire Protection District to the Village (City) of , remaining liable for a proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which disconnection is proposed.
Against making the transfer for fire protection purposes from the Fire Protection District to the Village (City) of , remaining liable for a proportionate share of the bonded indebtedness outstanding as of the date of disconnection, if any, of the district from which disconnection is proposed.
If a majority of the votes cast upon the question of making the transfer
shall be in favor of the transfer, the territory shall then cease
to be a part of the fire protection district or districts to which it has
been attached and shall receive fire protection services from the municipality
of which it is a part. In each case in which a transfer is effected under
this Section, the circuit clerk in whose court the transfer proceedings
have been conducted shall certify copies of all orders entered in effecting
the transfer and file or send them to the proper county clerk or clerks for
filing and to the Office of the State Fire Marshal.
(h) If no legal voters reside in the territory being disconnected and
proposed to be transferred, a majority of all owners, whether corporate or
individual, of real property in the territory being disconnected and proposed
to be transferred may file a petition in the circuit court of the county in
which is located the
municipality to which the district is proposed to be transferred.
The petition shall set forth the description of the territory
sought to be transferred and the amount of any outstanding bonded indebtedness
against the district in which the territory is then situated that has been
incurred under this Act. The petition shall request that the court order the
disconnection and transfer.
Upon the filing of the petition the court shall
set a date for a hearing not less than 2 weeks nor more than 4 weeks after the
date the petition is filed. The court, or the circuit clerk or sheriff upon
order of the court, shall give 2 weeks notice of the hearing by publishing the
notice in one or more daily or weekly newspapers of general circulation in the
county or in each county where the district from which the territory is sought
to
be transferred is organized and by posting
at least 10 copies of the notice in conspicuous places in the district from
which the territory is sought to be transferred. In addition, the court shall
cause a copy of the notice to be personally served on the corporate authorities
of the municipality to which the transfer is sought at least one week before
the date set for the hearing. In that notice or in any accompanying notice to
be served upon the corporate authorities at the same time, a recital shall be
made stating that the corporate authorities, at any time before the date of the
hearing or within additional time granted by the court upon written request
filed on or before that date, may file a written refusal to accept the
territory
as a part of the municipality. The notification need not be given to the
corporate authorities if they file in the proceeding their written appearances
or written consent to the transfer.
If the court finds that the petition is
filed by a majority of all owners, whether corporate or individual, of real
property within the district and that the provisions of subsection (a) have
been met, the court shall order the disconnection, and the territory shall
cease to be a part of the fire protection district or districts to which it has
been attached and shall receive fire
protection services from the municipality of which it is a part.
In each case
in which a transfer is effected under this subsection, the circuit court in
which the transfer proceedings have been conducted shall certify copies
of all orders entered in effecting the transfer and shall file them with or
send them to the proper county clerk or clerks for filing. The court also
shall send them
to the Office of the State Fire Marshal.
This subsection (h) applies only to petitions to disconnect where the
territory being disconnected is a portion of a fire protection district
and the territory being disconnected is within an unincorporated area
wholly surrounded by the municipality having between 50,000 and 55,000
inhabitants.
(Source: P.A. 89-509, eff. 7-5-96.)
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(70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
Sec. 21.
The territory of a fire protection district within the limits of
any city, village or incorporated town may be disconnected from the
district in the manner hereinafter provided; (1) if more than 50% of the
total territory of the fire protection district is within the limits of the
same city, village or incorporated town filing the petition for
disconnection; (2) if such municipality, prior to the filing of a petition
to disconnect, assumes by ordinance all the bonded indebtedness and other
debts of the fire protection district; and, (3) if such municipality, prior
to the filing of such petition, assumes by ordinance the obligation of
providing fire protection service to the remaining territory of the fire
protection district equivalent to the service being rendered by such
district.
The municipality containing more than 50% of the fire protection
district's territory may file a petition for disconnection in the circuit
court of the county where the district was organized, setting forth: the
description of the territory sought to be disconnected; that such territory
consists of more than 50% of the total territory of the fire protection
district; and that the necessary municipal ordinances have been passed to
assume the indebtedness of the fire protection district and the obligation
of furnishing equivalent fire protection service for the remaining
territory of such district.
Upon the filing of the petition, the court shall set a day for hearing,
not less than 4 weeks nor more than 8 weeks from the date
of filing
thereof, and the court, or the clerk or sheriff upon order of the court,
shall give a 21 day notice of the hearing in one or
more daily or
weekly
newspapers of general circulation in the county, or in each county, wherein
the district is organized and by posting at least 10 copies of the notice
in conspicuous places in the district.
The notice must describe the proposed disconnection and must state that the
disconnection will occur if the conditions required by this Section are met
unless a
petition signed by no fewer than 1% of the registered voters in the district is
filed
requesting that the question of disconnection be submitted to the voters of the
district is
filed with the court at or before the hearing. The clerk of the court must
provide a petition
form to any individual requesting one.
All property owners in the district
and all persons interested therein, may file objections, and at the hearing
may appear and contest the requested disconnection and the matters averred
in the petition, and both objectors and petitioners may offer any competent
evidence in regard thereto. If the court, upon hearing the petition,
finds that any of the conditions in this Section
required for the
disconnection do
not exist, it shall enter an order dismissing the petition. If the
petition satisfies the conditions and no petition requesting a
referendum is filed with the court, the court shall enter the
appropriate
order
for disconnection.
If, however, at or before the hearing a petition is filed with the court,
signed by no fewer
than 1% of the registered voters in the district, asking that the question of
disconnection
be submitted to the voters of the district, the court shall certify the
question to the proper
election authority, which shall submit the question at an election in
accordance with the
Election Code.
The question shall be submitted in substantially the following form:
Shall the territory of the (name of district) located | ||
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The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote in the affirmative,
the court
shall enter an order of disconnection. If a majority of the voters voting on
the question
vote in the negative, the court shall dismiss the petition and no petition
seeking
disconnection may be filed for a period of 3 years after the court enters its
order dismissing the petition.
The provisions of this amendatory Act of the 91st General Assembly do not
apply to any proceeding
for
a disconnection for which the court has entered an order of disconnection on or
before
the effective date of this amendatory Act of the 91st General Assembly.
The fire protection district shall continue in existence and continue to
levy and extend taxes upon the remaining portion of the district at the
same rate as levied and extended in the year prior to the disconnection,
excluding, however, the amount of taxes levied in the prior year for
payment of a bonded indebtedness, which tax moneys, after deducting the
necessary operating expenses of the fire protection district, shall be paid
to the municipality obligated to provide the fire protection service as a
consideration for the providing of such service. The title to all property,
assets and equipment of the district is transferred to such municipality
and is vested therein, to be held, however, for the same purposes and uses,
and subject to the same conditions as before the transfer.
(Source: P.A. 91-944, eff. 2-9-01.)
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(70 ILCS 705/21.1) (from Ch. 127 1/2, par. 38.4-1)
Sec. 21.1.
Any resident of a county containing a fire protection
district which has no legal voters residing therein may file a petition
to dissolve the fire protection
district in the circuit court of the county where the district was
organized.
The petition shall set forth: (a) the description of the territory
comprising the district sought to be dissolved; (b) that no legal voters
reside within such district; (c) that there is no outstanding bonded
indebtedness; (d) that
adequate fire protection is reasonably available to all affected
property without maintaining the district; and (e) a response-time study has been conducted that shows, at a minimum, estimated response times from the fire protection district to the territory and estimated response times to that territory after closure of the fire station.
Upon filing the petition, the provisions of Section 21 concerning a
hearing, notice thereof and the filing of objections shall apply. If the
court finds that any of the conditions set forth in the petition as
required herein do not exist, it shall enter an order dismissing the
petition. If the court finds that all of the conditions set forth in the
petition as required herein exist, it shall enter an appropriate order
to dissolve the district.
Any assets remaining after settlement of all district affairs shall
be turned over to the county in which the district lies and if the
district lies in more than one county the share of each shall be in the
same proportion as the percentage of district land lying in such county,
except that real estate shall become the property of the county in which
it is located.
The circuit clerk shall transmit a certified copy of each order
dissolving a district to the county clerk of each county in which any
of the territory is situated, the State Fire Marshal
and the
Department of Revenue.
(Source: P.A. 102-574, eff. 1-1-22.)
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(70 ILCS 705/22) (from Ch. 127 1/2, par. 38.5) (Text of Section before amendment by P.A. 103-672) Sec. 22. The Board of Trustees of any fire protection district incorporated under this Act is authorized under the terms and conditions hereinafter set out, to provide emergency ambulance service to or from points within or without the district; to contract with providers of ambulance service; to combine with other units of governments for the purpose of providing ambulance service; to levy a tax for the provision of such service and to adopt rules and regulations relating to ambulance service within their jurisdiction. (a) It is declared as a matter of public policy: (1) That, in order to preserve, protect and promote | ||
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(2) That, insofar as it is economically feasible, | ||
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(3) That, in the event adequate and continuing | ||
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(b) Whenever the Board of Trustees of a fire protection district desires to levy a special tax to provide an ambulance service, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district. The result of such referendum shall be entered upon the records of the district. If a majority of the votes on the proposition are in favor of such proposition, the Board of Trustees may thereafter levy a special tax at a rate not to exceed .30% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The proposition shall be in substantially the following form: Shall the .... Fire Protection District levy a special tax at a rate YES not to exceed .30% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for the purpose of providing NO an ambulance service? (b-5) On and after the effective date of this amendatory Act of the 98th General Assembly, whenever the Board of Trustees of a fire protection district desires to levy a special tax to provide an ambulance service, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district. The result of such referendum shall be entered upon the records of the district. If a majority of the votes on the proposition are in favor of such proposition, the Board of Trustees may thereafter levy a special tax at a rate not to exceed .40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The proposition shall be in substantially the following form: Shall the .... Fire Protection District levy a special tax at a rate YES not to exceed .40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for the purpose of providing NO an ambulance service? (c) If it appears that a majority of all valid votes cast on the proposition are in favor of levying a special tax to pay for an ambulance, the Board of Trustees may levy and collect an annual tax for the purpose of providing ambulance service under this Act to be extended at a rate not to exceed .40% of the full fair cash value of the taxable property within the governmental unit as assessed or equalized by the Department of Revenue. Such annual tax shall be in addition to the other taxes a fire protection district may levy for its corporate purposes. (d) Any Board of trustees may: 1. Provide or operate an emergency ambulance service; 2. Contract with a private person, hospital, | ||
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3. Limit the number of ambulance services; 4. Within its jurisdiction, fix, charge and collect | ||
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5. Establish necessary regulations not inconsistent | ||
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6. The trustees shall have the power identified in | ||
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(e) When any Board of Trustees is authorized prior to January 1, 1978 to levy and collect an annual tax, for the purpose of providing ambulance service, at any rate not exceeding .25% of the full fair cash value of the taxable property within the governmental unit as equalized or assessed by the Department of Revenue, such Board of Trustees may by resolution increase its authority to tax for ambulance purposes to a rate not to exceed .30%. Such resolution shall be effective 30 days after its adoption. Notice of such resolution shall be published twice in a newspaper having a general circulation within the district at least 20 days and again at least 10 days prior to the effective date of the resolution. Such notice shall state that the voters of that fire protection district, which district shall be described in the notice, have until 30 days after the adoption of the resolution to file a petition with the Board of Trustees praying that the question of the adoption of the resolution be submitted to a vote of the electors of such territory, and that, if no such petition is filed, the resolution shall become effective 30 days after its adoption. The notice also shall state the specific number of voters required to sign the petition and the date of the prospective referendum. The district secretary shall provide a petition form to any individual requesting one. If such a petition, signed by the voters of the district equal to 10% or more of the registered voters of the district, is so filed with the Board of Trustees, then the question of the adoption of the resolution shall be certified to the proper election officials, who shall submit the question to a vote of the electors of the district at an election in accordance with the general election law. If such a petition is filed, the resolution does not take effect unless a majority of the votes cast upon the question of the adoption of the resolution is in favor of adoption. However, if such a petition is determined to be invalid, the resolution shall take effect. The result of the election shall be entered upon the records of the district. If a majority of the voters vote in favor of such resolution, the resolution shall be effective immediately. The proposition shall be in substantially the following form: Shall the Board of Trustees of the .... Fire Protection District YES be authorized to increase the special tax for ambulance service to a rate not to exceed .30% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue NO for the purpose of providing such service? In this Section, "ambulance service" includes, without limitation, pre-hospital medical services. "Pre-hospital medical services" includes emergency services performed by a paramedic or other on-board emergency personnel that are within the scope of the provider's license. This amendatory Act of the 95th General Assembly is declarative of existing law. (Source: P.A. 98-319, eff. 8-12-13.) (Text of Section after amendment by P.A. 103-672) Sec. 22. The Board of Trustees of any fire protection district incorporated under this Act is authorized under the terms and conditions hereinafter set out, to provide emergency ambulance service to or from points within or without the district; to contract with providers of ambulance service; to combine with other units of governments for the purpose of providing ambulance service; to levy a tax for the provision of such service and to adopt rules and regulations relating to ambulance service within their jurisdiction. (a) It is declared as a matter of public policy: (1) That, in order to preserve, protect and promote | ||
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(2) That, insofar as it is economically feasible, | ||
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(3) That, in the event adequate and continuing | ||
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(b) Whenever the Board of Trustees of a fire protection district desires to levy a special tax to provide an ambulance service, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district. The result of such referendum shall be entered upon the records of the district. If a majority of the votes on the proposition are in favor of such proposition, the Board of Trustees may thereafter levy a special tax at a rate not to exceed .30% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The proposition shall be in substantially the following form: Shall the .... Fire Protection District levy a special tax at a rate YES not to exceed .30% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for the purpose of providing NO an ambulance service? (b-5) On and after the effective date of this amendatory Act of the 98th General Assembly, whenever the Board of Trustees of a fire protection district desires to levy a special tax to provide an ambulance service, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district. The result of such referendum shall be entered upon the records of the district. If a majority of the votes on the proposition are in favor of such proposition, the Board of Trustees may thereafter levy a special tax at a rate not to exceed .40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The proposition shall be in substantially the following form: Shall the .... Fire Protection District levy a special tax at a rate YES not to exceed .40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for the purpose of providing NO an ambulance service? (c) If it appears that a majority of all valid votes cast on the proposition are in favor of levying a special tax to pay for an ambulance, the Board of Trustees may levy and collect an annual tax for the purpose of providing ambulance service under this Act to be extended at a rate not to exceed .40% of the full fair cash value of the taxable property within the governmental unit as assessed or equalized by the Department of Revenue. Such annual tax shall be in addition to the other taxes a fire protection district may levy for its corporate purposes. (d) Any Board of trustees may: 1. Provide or operate an emergency ambulance service; 2. Contract with a private person, hospital, | ||
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3. Limit the number of ambulance services; 4. Within its jurisdiction, fix, charge and collect | ||
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5. Establish necessary regulations not inconsistent | ||
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6. The trustees shall have the power identified in | ||
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(e) When any Board of Trustees is authorized prior to January 1, 1978 to levy and collect an annual tax, for the purpose of providing ambulance service, at any rate not exceeding .25% of the full fair cash value of the taxable property within the governmental unit as equalized or assessed by the Department of Revenue, such Board of Trustees may by resolution increase its authority to tax for ambulance purposes to a rate not to exceed .30%. Such resolution shall be effective 30 days after its adoption. Notice of such resolution shall be published twice in a newspaper having a general circulation within the district at least 20 days and again at least 10 days prior to the effective date of the resolution. Such notice shall state that the voters of that fire protection district, which district shall be described in the notice, have until 30 days after the adoption of the resolution to file a petition with the Board of Trustees praying that the question of the adoption of the resolution be submitted to a vote of the electors of such territory, and that, if no such petition is filed, the resolution shall become effective 30 days after its adoption. The notice also shall state the specific number of voters required to sign the petition and the date of the prospective referendum. The district secretary shall provide a petition form to any individual requesting one. If such a petition, signed by the voters of the district equal to 10% or more of the registered voters of the district, is so filed with the Board of Trustees, then the question of the adoption of the resolution shall be certified to the proper election officials, who shall submit the question to a vote of the electors of the district at an election in accordance with the general election law. If such a petition is filed, the resolution does not take effect unless a majority of the votes cast upon the question of the adoption of the resolution is in favor of adoption. However, if such a petition is determined to be invalid, the resolution shall take effect. The result of the election shall be entered upon the records of the district. If a majority of the voters vote in favor of such resolution, the resolution shall be effective immediately. The proposition shall be in substantially the following form: Shall the Board of Trustees of the .... Fire Protection District YES be authorized to increase the special tax for ambulance service to a rate not to exceed .30% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue NO for the purpose of providing such service? (f) The Board of Trustees may accumulate funds in its ambulance fund for the purposes of acquiring, building, or maintaining real property, procuring emergency medical service vehicles or equipment, or training to provide essential emergency medical services to the community. (g) In this Section, "ambulance service" includes, without limitation, pre-hospital medical services. "Pre-hospital medical services" includes emergency services performed by a paramedic or other on-board emergency personnel that are within the scope of the provider's license. This amendatory Act of the 95th General Assembly is declarative of existing law. (Source: P.A. 103-672, eff. 1-1-25.) |
(70 ILCS 705/22.1) Sec. 22.1. Emergency ambulance service. Notwithstanding any other provision of law, the board of trustees of a fire protection district may, by majority vote of the board of trustees, adopt a resolution to discontinue the district's emergency ambulance service and to discontinue the district's tax upon certification as provided by this Section if a county that is already providing emergency ambulance service through an intergovernmental agreement levies a tax for emergency ambulance service under Section 5-1028 of the Counties Code and the county has, by ordinance, agreed to assume the emergency ambulance service at the expiration of the intergovernmental agreement between the district and county. A resolution adopted under this Section must include an end date of services. Upon certification to the county clerk by both the county and the district that all criteria have been met under this Section and Section 5-1028.2 of the Counties Code, the district may not levy a tax for emergency ambulance service under Section 22 unless the county repeals the ordinance adopted under Section 5-1028.2 and the county's tax adopted under Section 5-1028. If the district elects to no longer provide emergency ambulance service under this Section, the election shall not be construed as affecting the district's authority to levy a tax and provide fire protection service under this Act.
(Source: P.A. 103-987, eff. 8-9-24.) |
(70 ILCS 705/23) (from Ch. 127 1/2, par. 38.6)
Sec. 23.
The board of trustees of a fire protection district which:
(1) lies within a single county which has a population between 400,000 and
575,000; or (2) lies within 2 counties with respective
populations of
between 400,000 and 575,000 and between
900,000 and 1,000,000, may by
ordinance levy an annual tax at a rate not exceeding .095% of the value, as
equalized and assessed by the Department of Revenue, of all taxable
property therein, for the purpose of providing ambulance services pursuant
to an intergovernmental cooperation agreement with any other unit of local
government. However, no tax may be levied pursuant to this Section with
respect to any property which is subject to any other tax levied for the
purpose of providing ambulance services.
(Source: P.A. 92-662, eff. 7-16-02.)
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(70 ILCS 705/24) (from Ch. 127 1/2, par. 38.7) (Text of Section before amendment by P.A. 103-672)
Sec. 24.
(a) In addition to any other tax authorized by law, the board of
trustees of a fire protection district may, subject to the requirements of
subsections (b) and (c), by ordinance levy a special annual tax at a rate not exceeding 0.10%
of the value, as equalized or assessed by the Department of Revenue,
of all taxable property within the district, for the purpose of obtaining
funds to pay for the costs of emergency and rescue crews and equipment.
(b) Whenever the board of trustees of a fire protection district desires
to levy a special tax under this Section, it shall certify the question
to the proper election officials, who shall submit that question at an election
to the voters of the district in accordance with the general election law.
The result of such referendum shall be entered upon the records of the
district. If a majority of the votes on the proposition are in favor of
such proposition, the board of trustees may thereafter levy a special tax
under this Section at a rate not to exceed 0.05% of the value
of all taxable property within the district as equalized or assessed by the
Department of Revenue. The proposition shall be in substantially the following form:
Shall the ....... Fire ProtectionDistrict levy a special tax at a ratenot to exceed 0.05% of the value of YESall taxable property within thedistrict as equalized or assessed by the Department of Revenue forthe purpose of providing funds NOto pay for the costs of emergencyand rescue crews and equipment?
(c) Whenever the board of trustees of a fire protection district desires to levy a special tax under this Section at a rate not to exceed 0.10% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district in accordance with the general election law. The result of such referendum shall be entered upon the records of the district. If a majority of the votes on the proposition are in favor of
such proposition, the board of trustees may thereafter levy a special tax
under this Section at a rate not to exceed 0.10% of the value
of all taxable property within the district as equalized or assessed by the
Department of Revenue. The proposition shall be in substantially the following form: Shall the ......... FireProtection District levy a YESspecial tax at a rate not toexceed 0.10% of the value ofall taxable property within the district as equalized or assessedby the Department of Revenuefor the purpose of providing funds NOto pay for the costs of emergencyand rescue crews and equipment?(Source: P.A. 99-4, eff. 5-31-15; 100-348, eff. 1-1-18.)
(Text of Section after amendment by P.A. 103-672) Sec. 24. (a) In addition to any other tax authorized by law, the board of trustees of a fire protection district may, subject to the requirements of subsections (b) and (c), by ordinance levy a special annual tax at a rate not exceeding 0.10% of the value, as equalized or assessed by the Department of Revenue, of all taxable property within the district, for the purpose of obtaining funds to pay for the costs of emergency and rescue crews and equipment. (b) Whenever the board of trustees of a fire protection district desires to levy a special tax under this Section, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district in accordance with the general election law. The result of such referendum shall be entered upon the records of the district. If a majority of the votes on the proposition are in favor of such proposition, the board of trustees may thereafter levy a special tax under this Section at a rate not to exceed 0.05% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The proposition shall be in substantially the following form: Shall the ....... Fire Protection District levy a special tax at a rate not to exceed 0.05% of the value of YES all taxable property within the district as equalized or assessed by the Department of Revenue for the purpose of providing funds NO to pay for the costs of emergency and rescue crews and equipment? (c) Whenever the board of trustees of a fire protection district desires to levy a special tax under this Section at a rate not to exceed 0.10% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district in accordance with the general election law. The result of such referendum shall be entered upon the records of the district. If a majority of the votes on the proposition are in favor of such proposition, the board of trustees may thereafter levy a special tax under this Section at a rate not to exceed 0.10% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The proposition shall be in substantially the following form: Shall the ......... Fire Protection District levy a YES special tax at a rate not to exceed 0.10% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for the purpose of providing funds NO to pay for the costs of emergency and rescue crews and equipment? (d) The board of trustees may accumulate funds in its emergency and rescue fund for the purposes of acquiring, building, or maintaining real property for emergency and rescue purposes, procuring emergency rescue crews and equipment, or training to provide essential rescue, specialized rescue, and technical rescue services to the community. (Source: P.A. 103-672, eff. 1-1-25.) |
(70 ILCS 705/25) Sec. 25. Reimbursement for specialized rescue services. A fire protection district may fix, charge, and collect reasonable fees for specialized rescue services provided by the district. The total amount collected may not exceed the reasonable cost of providing those specialized rescue services and may not, in any event, exceed $125
per hour per vehicle and $35 per hour per firefighter. The fee may be charged to any of the following parties, but only after there has been a finding of fault against that party by the Occupational Safety and Health Administration or the Illinois Department of Labor: (a) the owner of the property on which the | ||
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(b) any person involved in an activity that caused or | ||
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(c) an individual who is rescued during the emergency | ||
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(d) in cases involving the recovery of property, any | ||
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For the purposes of this Section, the term "specialized rescue services" includes, but is not limited to, structural collapse, tactical rescue, high angle rescue, underwater rescue and recovery, confined space rescue, below grade rescue, and trench rescue.
(Source: P.A. 95-497, eff. 1-1-08.) |
(70 ILCS 705/26) Sec. 26. Technical rescue services. A fire protection district may fix, charge, and collect reasonable fees for technical rescue services provided by the district. The total amount collected may not exceed the reasonable cost of providing the technical rescue services and may include charges for personnel and equipment costs.
(Source: P.A. 95-867, eff. 1-1-09.) |
(70 ILCS 705/27) Sec. 27. Notification of sale of or changes to private or semi-private water systems. (a) For purposes of this Section, "private water system" and "semi-private water system" shall have the meanings ascribed to them in subsection (a) of Section 9 of the Illinois Groundwater Protection Act. (b) A fire protection district shall receive notice of the sale of a private water system or semi-private water system from the individuals or entities selling and purchasing the water system. The notice to the fire protection district shall include the status and capacity of the water system and the ability of the water system to be used for fire protection. (c) A fire protection district shall also receive notice from the owner of a private water system or semi-private water system if there are any changes to the water system that would affect fire protection services to areas served by the water system.
(Source: P.A. 99-487, eff. 11-20-15.) |
(70 ILCS 705/28) Sec. 28. Response-time study before closure of fire station or district. Before a fire station of a fire protection district may close or the district be dissolved, a response-time study must be conducted that shows, at a minimum, estimated response times to the territory currently served by the fire station or district and estimated response times to that territory after closure of the fire station or district.
(Source: P.A. 102-574, eff. 1-1-22.) |