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| Public Act 098-0666 | ||||
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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 Illinois Municipal Code is amended by adding | ||||
Section 10-4-12 as follows: | ||||
(65 ILCS 5/10-4-12 new) | ||||
Sec. 10-4-12. Cessation of existing municipal fire | ||||
departments.
If a city or village with 500 or more residents | ||||
owns, operates, or maintains any fire department or | ||||
departments, that city or village may not cease the operation | ||||
and maintenance of that fire department or those fire | ||||
departments unless the proposed cessation is first submitted by | ||||
referendum to the voters of the city or village as provided by | ||||
Section 15b of the Fire Protection District Act. | ||||
Section 10. The Fire Protection District Act is amended by | ||||
changing Section 11b and by adding Section 15b as follows:
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(70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
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Sec. 11b.
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
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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
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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
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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
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incorporated town with 500 or mre residents is in fact owning, | ||
operating, and maintaining a fire department or fire | ||
departments located in whole or in part within or adjacent to
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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
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this Act, such city, village, or incorporated town
The State | ||
Fire Marshal, upon request of the
Board of Trustees of any Fire | ||
Protection District, shall ascertain
whether the District's | ||
fire protection facilities are in operation so
that it may | ||
supersede the power of any city, village or incorporated
town | ||
to operate fire protection facilities within the boundaries of | ||
the
District. Where in case any city, village or incorporated | ||
town is in
fact owning, operating and maintaining fire | ||
protection facilities
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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(Source: P.A. 80-147.)
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(70 ILCS 705/15b new) | ||
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. | ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.38 as follows: | ||
(30 ILCS 805/8.38 new) | ||
Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 98th General Assembly. | ||