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Public Act 099-0837
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| HB5610 Enrolled | LRB099 19378 AWJ 43770 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Protection District Act is amended by |
changing Section 11b as follows:
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(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
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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
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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, |
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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.
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(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.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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