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Public Act 102-0773


 

Public Act 0773 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0773
 
HB4461 EnrolledLRB102 22736 AWJ 31882 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Fire Protection District Act is amended by
changing Section 20 as follows:
 
    (70 ILCS 705/20)  (from Ch. 127 1/2, par. 38.3)
    (Text of Section before amendment by P.A. 102-574)
    Sec. 20. Disconnection by operation of law.
    (a) Any territory within a fire protection district that
is or has been annexed to a city, village or incorporated town
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 city,
village or incorporated town, 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 the effective date of this amendatory Act
of the 91st General Assembly, 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
    amount equal to the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (2) In the second year after the disconnection, an
    amount equal to 80% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (3) In the third year after the disconnection, an
    amount equal to 60% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (4) In the fourth year after the disconnection, an
    amount equal to 40% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (5) In the fifth year after the disconnection, an
    amount equal to 20% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
    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. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)
 
    (Text of Section after amendment by P.A. 102-574)
    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 the effective date of this amendatory Act
of the 91st General Assembly, 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
    amount equal to the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (2) In the second year after the disconnection, an
    amount equal to 80% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (3) In the third year after the disconnection, an
    amount equal to 60% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (4) In the fourth year after the disconnection, an
    amount equal to 40% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
        (5) In the fifth year after the disconnection, an
    amount equal to 20% of the real estate tax collected on the
    property in the disconnected territory by the fire
    protection district in the tax year immediately preceding
    the year in which the disconnection took effect.
    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.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

Effective Date: 1/1/2023