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| Public Act 100-1072 | ||||
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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 | ||||
adding Sections 15c and 15d as follows: | ||||
(70 ILCS 705/15c new) | ||||
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, 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. | ||
(70 ILCS 705/15d new) | ||
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 residential, | ||
nonresidential, and commercial growth in the territory | ||
within the fire protection district sought to be | ||
disconnected by the municipality for a 10-year period, a | ||
20-year period, and a 30-year period; | ||
(2) a statement of the costs of service incurred by the | ||
municipality in providing fire protection or emergency | ||
medical services after disconnecting the territory within | ||
the fire protection district; | ||
(3) a statement that the loss of assessed valuation by | ||
reason of the disconnection of the territory will not | ||
impair the ability of the fire protection district to | ||
render fully adequate fire protection service to the | ||
territory remaining with the district; | ||
(4) a statement of the probable positive or negative | ||
economic effect on businesses within the territory sought | ||
to be disconnected; and | ||
(5) a statement of the probable positive or negative | ||
economic effect on residents within the territory sought to | ||
be disconnected. | ||
(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.
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