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91_HB1362eng HB1362 Engrossed LRB9103226MWtm 1 AN ACT to amend the Fire Protection District Act by 2 changing Section 20. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Fire Protection District Act is amended 6 by changing Section 20 as follows: 7 (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3) 8 Sec. 20. Disconnection by operation of law. 9 (a) Any territory within a fire protection district that 10 is or has been annexed to a city, village or incorporated 11 town that provides fire protection for property within such 12 city, village or incorporated town is, by operation of law, 13 disconnected from the fire protection district as of the 14 January first after such territory is annexed to the city, 15 village or incorporated town, or in case any such territory 16 has been so annexed prior to the effective date of this 17 amendatory Act of 1965, as of January 1, 1966. 18 (b) TheSuchdisconnection by operation of law does not 19 occur if, within 60 days after such annexation or after the 20 effective date of this amendatory Act of 1965, whichever is 21 later, the fire protection district files with the 22 appropriate court and with the County Clerk of each county in 23 which the fire protection district is located, a petition 24 alleging that such disconnection will cause the territory 25 remaining in the district to be noncontiguous or that the 26 loss of assessed valuation by reason of such disconnection 27 will impair the ability of the district to render fully 28 adequate fire protection service to the territory remaining 29 with the district. When such a petition is filed, with the 30 court and with the County Clerk of each county in which the 31 fire protection district is located, the court shall set it HB1362 Engrossed -2- LRB9103226MWtm 1 for hearing, and further proceedings shall be held, as 2 provided in Section 15 of this Act, except that the city, 3 village or incorporated town that annexed the territory shall 4 be a necessary party to the proceedings, and it shall be 5 served with summons in the manner for a party defendant under 6 the Civil Practice Law. At such hearing, the district has the 7 burden of proving the truth of the allegations in its 8 petition. 9 (c) If disconnection does not occur, then the city, 10 village or incorporated town in which part of a fire 11 protection district's territory is located, is prohibited 12 from levying the tax provided for by Section 11-7-1 of the 13 "Illinois Municipal Code" in such fire protection district 14 territory for services provided to the residents of such 15 territory by the fire protection district. 16 (d) If there are any general obligation bonds of the 17 fire protection district outstanding and unpaid at the time 18 such territory is disconnected from the fire protection 19 district by operation of this Section, such territory shall 20 remain liable for its proportionate share of such bonded 21 indebtedness and the fire protection district may continue to 22 levy and extend taxes upon the taxable property in such 23 territory for the purpose of amortizing such bonds until such 24 time as sufficient funds to retire such bonds have been 25 collected. 26 (e) On and after the effective date of this amendatory 27 Act of the 91st General Assembly, when territory is 28 disconnected from a fire protection district under this 29 Section, the annexing municipality shall pay, on or before 30 December 31 of each year for a period of 5 years after the 31 effective date of the disconnection, to the fire protection 32 district from which the territory was disconnected, an amount 33 as follows: 34 (1) In the first year after the disconnection, an HB1362 Engrossed -3- LRB9103226MWtm 1 amount equal to the real estate tax collected on the 2 property in the disconnected territory by the fire 3 protection district in the tax year immediately preceding 4 the year in which the disconnection took effect. 5 (2) In the second year after the disconnection, an 6 amount equal to 80% of the real estate tax collected on 7 the property in the disconnected territory by the fire 8 protection district in the tax year immediately preceding 9 the year in which the disconnection took effect. 10 (3) In the third year after the disconnection, an 11 amount equal to 60% of the real estate tax collected on 12 the property in the disconnected territory by the fire 13 protection district in the tax year immediately preceding 14 the year in which the disconnection took effect. 15 (4) In the fourth year after the disconnection, an 16 amount equal to 40% of the real estate tax collected on 17 the property in the disconnected territory by the fire 18 protection district in the tax year immediately preceding 19 the year in which the disconnection took effect. 20 (5) In the fifth year after the disconnection, an 21 amount equal to 20% of the real estate tax collected on 22 the property in the disconnected territory by the fire 23 protection district in the tax year immediately preceding 24 the year in which the disconnection took effect. 25 (Source: P.A. 84-1421.)