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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_SB1377enr SB1377 Enrolled LRB9110779SMdv 1 AN ACT to amend the Fire Protection District Act by 2 changing Sections 14.05 and 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 Sections 14.05 and 20 as follows: 7 (70 ILCS 705/14.05) (from Ch. 127 1/2, par. 34.05) 8 Sec. 14.05. At the hearing the court shall first 9 determine whether the districts are adjoining, as described 10 in Section 14.01, and whether the petition is signed by 50 or 11 more of the legal voters resident within the limits of each 12 of the districts proposed to be consolidated. If the 13 districts are not adjoining or if the petition is not so 14 signed the petition shall be dismissed. 15 If the districts are adjoining and the petition is so 16 signed, the court shall then order the question of 17 consolidation and the rate of taxes for the consolidated 18 district submitted to the legal voters in each district at an 19 election, and shall certify the question and its order to the 20 proper election officials who shall submit the question at an 21 election in accordance with the general election law. The 22 proposition shall be in substantially the following form: 23 ------------------------------------------------------------- 24 Shall (name of district in which 25 election is being held), be 26 consolidated with (name of other 27 district or districts) to organize YES 28 (name of consolidated district) 29 and shall the maximum allowable 30 tax rate for (name of consolidated ------------------------ 31 district) be set at (rate of tax, SB1377 Enrolled -2- LRB9110779SMdv 1 stated as a percentage) of the 2 value of all taxable property within NO 3 (name of consolidated district) 4 as equalized or assessed by the 5 Department of Revenue? 6 ------------------------------------------------------------- 7 The court shall cause a written statement of the results of 8 such election to be filed of record in the court. If, in each 9 district, a majority of the voters voting on the question 10 shall favor consolidation and the stated rate of taxes for 11 the consolidated district, the court shall order the 12 consolidation of the districts into the consolidated 13 district. 14 (Source: P.A. 83-1488.) 15 (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3) 16 Sec. 20. Disconnection by operation of law. 17 (a) Any territory within a fire protection district that 18 is or has been annexed to a city, village or incorporated 19 town that provides fire protection for property within such 20 city, village or incorporated town is, by operation of law, 21 disconnected from the fire protection district as of the 22 January first after such territory is annexed to the city, 23 village or incorporated town, or in case any such territory 24 has been so annexed prior to the effective date of this 25 amendatory Act of 1965, as of January 1, 1966. 26 (b) The disconnection by operation of law does not occur 27 if, within 60 days after such annexation or after the 28 effective date of this amendatory Act of 1965, whichever is 29 later, the fire protection district files with the 30 appropriate court and with the County Clerk of each county in 31 which the fire protection district is located, a petition 32 alleging that such disconnection will cause the territory 33 remaining in the district to be noncontiguous or that the SB1377 Enrolled -3- LRB9110779SMdv 1 loss of assessed valuation by reason of such disconnection 2 will impair the ability of the district to render fully 3 adequate fire protection service to the territory remaining 4 with the district. When such a petition is filed, with the 5 court and with the County Clerk of each county in which the 6 fire protection district is located, the court shall set it 7 for hearing, and further proceedings shall be held, as 8 provided in Section 15 of this Act, except that the city, 9 village or incorporated town that annexed the territory shall 10 be a necessary party to the proceedings, and it shall be 11 served with summons in the manner for a party defendant under 12 the Civil Practice Law. At such hearing, the district has the 13 burden of proving the truth of the allegations in its 14 petition. 15 (c) If disconnection does not occur, then the city, 16 village or incorporated town in which part of a fire 17 protection district's territory is located, is prohibited 18 from levying the tax provided for by Section 11-7-1 of the 19 "Illinois Municipal Code" in such fire protection district 20 territory for services provided to the residents of such 21 territory by the fire protection district. 22 (d) If there are any general obligation bonds of the 23 fire protection district outstanding and unpaid at the time 24 such territory is disconnected from the fire protection 25 district by operation of this Section, such territory shall 26 remain liable for its proportionate share of such bonded 27 indebtedness and the fire protection district may continue to 28 levy and extend taxes upon the taxable property in such 29 territory for the purpose of amortizing such bonds until such 30 time as sufficient funds to retire such bonds have been 31 collected. 32 (e) On and after the effective date of this amendatory 33 Act of the 91st General Assembly, when territory is 34 disconnected from a fire protection district under this SB1377 Enrolled -4- LRB9110779SMdv 1 Section, the annexing municipality shall pay, on or before 2 December 31 of each year for a period of 5 years after the 3 effective date of the disconnection, to the fire protection 4 district from which the territory was disconnected, an amount 5 as follows: 6 (1) In the first year after the disconnection, an 7 amount equal to the real estate tax collected on the 8 property in the disconnected territory by the fire 9 protection district in the tax year immediately preceding 10 the year in which the disconnection took effect. 11 (2) In the second year after the disconnection, an 12 amount equal to 80% of the real estate tax collected on 13 the property in the disconnected territory by the fire 14 protection district in the tax year immediately preceding 15 the year in which the disconnection took effect. 16 (3) In the third year after the disconnection, an 17 amount equal to 60% of the real estate tax collected on 18 the property in the disconnected territory by the fire 19 protection district in the tax year immediately preceding 20 the year in which the disconnection took effect. 21 (4) In the fourth year after the disconnection, an 22 amount equal to 40% of the real estate tax collected on 23 the property in the disconnected territory by the fire 24 protection district in the tax year immediately preceding 25 the year in which the disconnection took effect. 26 (5) In the fifth year after the disconnection, an 27 amount equal to 20% of the real estate tax collected on 28 the property in the disconnected territory by the fire 29 protection district in the tax year immediately preceding 30 the year in which the disconnection took effect. SB1377 Enrolled -5- LRB9110779SMdv 1 This subsection (e) applies to a fire protection district 2 only if the corporate authorities of the district do not file 3 a petition against the disconnection under subsection (b). 4 (Source: P.A. 91-307, eff. 1-1-00.)