Rep. Kathleen Willis

Filed: 3/28/2018

 

 


 

 


 
10000HB5290ham001LRB100 17398 AWJ 37190 a

1
AMENDMENT TO HOUSE BILL 5290

2    AMENDMENT NO. ______. Amend House Bill 5290 on page 1, line
35, by replacing "Section 15c" with "Sections 15c and 15d"; and
 
4on page 3, immediately below line 17, by inserting the
5following:
 
6    "(70 ILCS 705/15d new)
7    Sec. 15d. Disconnection of fire protection district
8territory by a municipality; economic impact analysis.
9    (a) As used in this Section, "economic impact analysis"
10means a written report concerning the effect of a
11municipality's disconnection of territory located both within
12a municipality and a fire protection district.
13    (b) Notwithstanding any other provision of law, a
14municipality shall file an economic impact analysis with the
15county clerk of each county in which a fire protection district
16is located no less than 90 days prior to filing any action to

 

 

10000HB5290ham001- 2 -LRB100 17398 AWJ 37190 a

1disconnect territory located both within the municipality and
2the fire protection district. Each economic impact analysis
3shall include the following:
4        (1) a statement of existing and projected residential,
5    nonresidential, and commercial growth in the territory
6    within the fire protection district sought to be
7    disconnected by the municipality for a 10-year period, a
8    20-year period, and a 30-year period;
9        (2) a statement of the costs of service incurred by the
10    municipality in providing fire protection or emergency
11    medical services after disconnecting the territory within
12    the fire protection district;
13        (3) a statement that the loss of assessed valuation by
14    reason of the disconnection of the territory will not
15    impair the ability of the fire protection district to
16    render fully adequate fire protection service to the
17    territory remaining with the district;
18        (4) a statement of the probable positive or negative
19    economic effect on businesses within the territory sought
20    to be disconnected; and
21        (5) a statement of the probable positive or negative
22    economic effect on residents within the territory sought to
23    be disconnected.
24    (c) Within 30 days after the filing of an economic impact
25analysis required by subsection (b), a municipality shall serve
26a copy of the economic impact analysis on the board of trustees

 

 

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1of each impacted fire protection district by certified or
2registered mail. An affidavit that service of the economic
3impact analysis has been had as provided by this subsection
4must be filed with the clerk of the court in which the
5disconnection proceedings will be instituted. Disconnection of
6territory is not effective unless service is certified by
7affidavit filed as provided in this subsection.
8    (d) Notwithstanding any other provision of law, a
9municipality shall not disconnect any territory within its
10corporate limits from a fire protection district if the
11disconnection of the territory would result in increased
12property taxes to owners of the impacted territory.
13    (e) A municipality, including a home rule municipality, may
14not disconnect territory from a fire protection district in a
15manner inconsistent with this Section. This Section is a
16limitation under subsection (i) of Section 6 of Article VII of
17the Illinois Constitution on the concurrent exercise by home
18rule units of powers and functions exercised by the State.".