Rep. Donald L. Moffitt

Filed: 5/8/2013

 

 


 

 


 
09800SB1456ham002LRB098 07600 OMW 45640 a

1
AMENDMENT TO SENATE BILL 1456

2    AMENDMENT NO. ______. Amend Senate Bill 1456, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, as follows:
 
5on page 1, in line 4, by replacing "Section 5." with the
6following:
 
7    "Section 3. The Illinois Municipal Code is amended by
8adding Section 10-4-12 as follows:
 
9    (65 ILCS 5/10-4-12 new)
10    Sec. 10-4-12. Cessation of existing municipal fire
11protection or advanced life support services operations. If a
12city or village owns, operates, or maintains any fire
13protection or advanced life support services facility, that
14city or village may not cease the operation and maintenance of
15these facilities unless the proposed cessation is first

 

 

09800SB1456ham002- 2 -LRB098 07600 OMW 45640 a

1submitted by referendum to the voters of the city or village as
2provided by subsection (b) of Section 15 of the Fire Protection
3District Act.
 
4    Section 5."; and
 
5on page 1, in line 5, by replacing "Section 16.03" with
6"Sections 11b and 16.03 and by adding Section 15b"; and
 
7on page 1, immediately below line 5, by inserting the
8following:
 
9    "(70 ILCS 705/11b)  (from Ch. 127 1/2, par. 31b)
10    Sec. 11b. In case any fire protection district organized
11hereunder is coterminous with or includes within its corporate
12limits in whole or in part any city, village or incorporated
13town authorized to provide protection from fire and to regulate
14the prevention and control of fire within such city, village or
15incorporated town and to levy taxes for any such purposes, then
16such city, village or incorporated town shall not exercise any
17such powers as necessarily conflict with the powers to be
18exercised by such district in respect to such fire protection
19and regulation within the fire protection district from and
20after the date that it receives written notice from the State
21Fire Marshal to cease or refrain from the operation of any fire
22protection facilities and the exercise of such powers, which

 

 

09800SB1456ham002- 3 -LRB098 07600 OMW 45640 a

1notice shall be given only after the State Fire Marshal has
2ascertained that the Fire Protection District has placed its
3fire protection facilities in operation. Such city, village or
4incorporated town shall not thereafter own, operate, maintain,
5manage, control or have an interest in any fire protection
6facilities located within the corporate limits of the fire
7protection district, except water mains and hydrants and except
8as otherwise provided in this Act. If a city or village owns,
9operates, or maintains any fire protection or advanced life
10support services facility that is located in whole or in part
11within or adjacent to the corporate limits of a fire protection
12district organized under this Act, that city or village shall
13not cease the operation and maintenance of these facilities
14unless the proposed cessation is first submitted by referendum
15to the voters of the city or village as provided by subsection
16(b) of Section 15 of the Fire Protection District Act. If any
17city or village owns, operates, or maintains any fire
18protection facilities located within the corporate limits of a
19fire protection district organized under this Act, that city or
20village The State Fire Marshal, upon request of the Board of
21Trustees of any Fire Protection District, shall ascertain
22whether the District's fire protection facilities are in
23operation so that it may supersede the power of any city,
24village or incorporated town to operate fire protection
25facilities within the boundaries of the District. Where in case
26any city, village or incorporated town is in fact owning,

 

 

09800SB1456ham002- 4 -LRB098 07600 OMW 45640 a

1operating and maintaining fire protection facilities located
2within the corporate limits of a fire protection district
3organized under this Act, such city, village or incorporated
4town shall be paid and reimbursed for its actual expenditures
5and for all existing obligations incurred, including all
6pension and annuity plans applicable to the maintenance of fire
7protection facilities theretofore made in establishing such
8facilities and in acquiring, constructing, improving or
9developing any such existing facilities in the manner provided
10for by this Act. The terms of payment shall provide for
11reimbursement in full within not less than 20 years from the
12date of such agreement.
13(Source: P.A. 80-147.)
 
14    (70 ILCS 705/15b new)
15    Sec. 15b. Petition to cease operations; referendum;
16transfer.
17    (a) Any fire department organized under the provisions of
18the Municipal Code may cease the operation and maintenance of
19fire protection and advanced life support services,
20operations, and facilities by submitting a referendum to the
21voters served by the fire department proposing to either
22consolidate its services, operations, and facilities with an
23existing fire protection district or by organizing a new
24district in accordance with the procedures set forth under this
25Act.

 

 

09800SB1456ham002- 5 -LRB098 07600 OMW 45640 a

1    If the proposition involves consolidation of exiting fire
2protection districts, the question shall be in substantially
3the following form:
4-
5    Shall the services, operations,
6and facilities provided by (name of fire
7department) be discontinued and its               YES
8services, operations, facilities, duties,--------------------
9powers, assets, liabilities, obligations, and      NO
10responsibilities be assumed by (name of Fire
11Protection District)?
12-------------------------------------------------------------
13    If the proposition involves consolidation of exiting fire
14protection districts, the question shall be in substantially
15the following form:
16-
17    Shall the services, operations,
18and facilities provided by (name of             YES
19fire department) be discontinued and-------------------------
20assumed by organizing a new fire                 NO
21protection district named (name of new
22fire protection district)?
23-------------------------------------------------------------
24    If a majority of the votes cast on the question are in
25favor of discontinuance, the court shall enter an order
26discontinuing the fire department. On the date that the court

 

 

09800SB1456ham002- 6 -LRB098 07600 OMW 45640 a

1order is entered discontinuing the fire department, all the
2services, operations, facilities, rights, powers, duties,
3assets, property, liabilities, obligations, and
4responsibilities of the fire department shall be transferred by
5the corporate authorities of the municipality and, by operation
6of law, vest in and be assumed the fire protection district
7designated by the referendum.
8    All employees of the dissolved fire department shall be
9transferred to the fire protection district designated by the
10referendum. The status and rights of such employees under the
11Personnel Code shall not be affected by the transfer. The
12rights of the employees and the State of Illinois and its
13agencies under the Personnel Code and applicable collective
14bargaining agreements or under any pension, retirement, or
15annuity plan shall not be affected by this amendatory Act of
16the 98th General Assembly.
17    All books, records, papers, documents, property (real and
18personal), contracts, causes of action, and pending business
19pertaining to the powers, duties, rights, and responsibilities
20transferred by this amendatory Act of the 98th General
21Assembly, including, but not limited to, material in electronic
22or magnetic format and necessary computer hardware and
23software, shall be transferred to the fire protection district
24designated by the referendum.".