State of Illinois
91^st General Assembly
Legislation

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91_HB2130enr

 
HB2130 Enrolled                                LRB9100757MWgc

 1        AN ACT concerning fire protection districts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Fire Protection District Act is amended
 5    by changing Section 21 as follows:

 6        (70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
 7        Sec. 21.  The territory of  a  fire  protection  district
 8    within  the  limits of any city, village or incorporated town
 9    may  be  disconnected  from  the  district  in   the   manner
10    hereinafter  provided;  (1)  if  more  than  50% of the total
11    territory of the  fire  protection  district  is  within  the
12    limits  of the same city, village or incorporated town filing
13    the petition for disconnection;  (2)  if  such  municipality,
14    prior  to  the filing of a petition to disconnect, assumes by
15    ordinance all the bonded indebtedness and other debts of  the
16    fire  protection  district;  and,  (3)  if such municipality,
17    prior to the filing of such petition,  assumes  by  ordinance
18    the  obligation  of  providing fire protection service to the
19    remaining  territory  of   the   fire   protection   district
20    equivalent to the service being rendered by such district.
21        The  municipality  containing  more  than 50% of the fire
22    protection district's  territory  may  file  a  petition  for
23    disconnection  in  the  circuit court of the county where the
24    district was organized, setting forth: the description of the
25    territory sought to  be  disconnected;  that  such  territory
26    consists  of more than 50% of the total territory of the fire
27    protection  district;  and  that  the   necessary   municipal
28    ordinances have been passed to assume the indebtedness of the
29    fire  protection  district  and  the obligation of furnishing
30    equivalent  fire  protection  service   for   the   remaining
31    territory of such district.
 
HB2130 Enrolled             -2-                LRB9100757MWgc
 1        Upon  the  filing  of the petition, the court shall set a
 2    day for hearing, not less than 4 2 weeks nor more  than  8  4
 3    weeks  from the date of filing thereof, and the court, or the
 4    clerk or sheriff upon order of the court, shall give a 21  10
 5    day notice of the such hearing in one or more daily or weekly
 6    newspapers  of  general circulation in the county, or in each
 7    county, wherein the district is organized and by  posting  at
 8    least  10  copies  of the notice in conspicuous places in the
 9    district. The notice must describe the proposed disconnection
10    and must state that  the  disconnection  will  occur  if  the
11    conditions required by this Section are met unless a petition
12    signed  by  no  fewer than 1% of the registered voters in the
13    district  is  filed   requesting   that   the   question   of
14    disconnection  be  submitted to the voters of the district is
15    filed with the court at or before the hearing. The  clerk  of
16    the  court  must  provide  a  petition form to any individual
17    requesting one. All property owners in the district  and  all
18    persons  interested  therein, may file objections, and at the
19    hearing may appear and contest  the  requested  disconnection
20    and  the  matters averred in the petition, and both objectors
21    and petitioners may offer any competent  evidence  in  regard
22    thereto. If the court shall, upon hearing the petition, finds
23    find  that  any  of  the  conditions  in  this Section herein
24    required for the disconnection do not exist, it  shall  enter
25    an  order  dismissing  the  petition.,  but  If  the petition
26    satisfies the such conditions and no  petition  requesting  a
27    referendum  is filed with the court, the court it shall enter
28    the appropriate order for disconnection. If, however,  at  or
29    before the hearing a petition is filed with the court, signed
30    by no fewer than 1% of the registered voters in the district,
31    asking that the question of disconnection be submitted to the
32    voters  of the district, the court shall certify the question
33    to the proper election  authority,  which  shall  submit  the
34    question at an election in accordance with the Election Code.
 
HB2130 Enrolled             -3-                LRB9100757MWgc
 1        The  question  shall  be  submitted  in substantially the
 2    following form:
 3             Shall  the  territory  of  the  (name  of  district)
 4        located in (name of municipality)  be  disconnected  from
 5        the  district  and the responsibility for fire protection
 6        in  the  entire  district  be  transferred  to  (name  of
 7        municipality)?
 8    The votes shall be recorded as "Yes" or "No".
 9        If a majority of the voters voting on the  question  vote
10    in  the  affirmative,  the  court  shall  enter  an  order of
11    disconnection.  If a majority of the  voters  voting  on  the
12    question  vote  in  the negative, the court shall dismiss the
13    petition and no petition seeking disconnection may  be  filed
14    for  a  period  of  3  years after the court enters its order
15    dismissing the petition.
16        The provisions of this amendatory Act of the 91st General
17    Assembly do not apply to any proceeding for  a  disconnection
18    for  which the court has entered an order of disconnection on
19    or before the effective date of this amendatory  Act  of  the
20    91st General Assembly. In taking any action upon the petition
21    the  findings  of  the  court shall be filed of record in the
22    court.
23        The fire protection district shall continue in  existence
24    and  continue  to  levy  and  extend taxes upon the remaining
25    portion of the district  at  the  same  rate  as  levied  and
26    extended  in  the year prior to the disconnection, excluding,
27    however, the amount of taxes levied in  the  prior  year  for
28    payment  of  a  bonded  indebtedness, which tax moneys, after
29    deducting  the  necessary  operating  expenses  of  the  fire
30    protection  district,  shall  be  paid  to  the  municipality
31    obligated  to  provide  the  fire  protection  service  as  a
32    consideration for the providing of such service. The title to
33    all  property,  assets  and  equipment  of  the  district  is
34    transferred to such municipality and is vested therein, to be
 
HB2130 Enrolled             -4-                LRB9100757MWgc
 1    held, however, for the same purposes and uses, and subject to
 2    the same conditions as before the transfer.
 3    (Source: P.A. 83-343.)

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.

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