[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0307
HB1362 Enrolled LRB9103226MWtm
AN ACT to amend the Fire Protection District Act by
changing Section 20.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Protection District Act is amended
by changing Section 20 as follows:
(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
Sec. 20. Disconnection by operation of law.
(a) Any territory within a fire protection district that
is or has been annexed to a city, village or incorporated
town that provides fire protection for property within such
city, village or incorporated town is, by operation of law,
disconnected from the fire protection district as of the
January first after such territory is annexed to the city,
village or incorporated town, or in case any such territory
has been so annexed prior to the effective date of this
amendatory Act of 1965, as of January 1, 1966.
(b) The Such disconnection by operation of law does not
occur if, within 60 days after such annexation or after the
effective date of this amendatory Act of 1965, whichever is
later, the fire protection district files with the
appropriate court and with the County Clerk of each county in
which the fire protection district is located, a petition
alleging that such disconnection will cause the territory
remaining in the district to be noncontiguous or that the
loss of assessed valuation by reason of such disconnection
will impair the ability of the district to render fully
adequate fire protection service to the territory remaining
with the district. When such a petition is filed, with the
court and with the County Clerk of each county in which the
fire protection district is located, the court shall set it
for hearing, and further proceedings shall be held, as
provided in Section 15 of this Act, except that the city,
village or incorporated town that annexed the territory shall
be a necessary party to the proceedings, and it shall be
served with summons in the manner for a party defendant under
the Civil Practice Law. At such hearing, the district has the
burden of proving the truth of the allegations in its
petition.
(c) If disconnection does not occur, then the city,
village or incorporated town in which part of a fire
protection district's territory is located, is prohibited
from levying the tax provided for by Section 11-7-1 of the
"Illinois Municipal Code" in such fire protection district
territory for services provided to the residents of such
territory by the fire protection district.
(d) If there are any general obligation bonds of the
fire protection district outstanding and unpaid at the time
such territory is disconnected from the fire protection
district by operation of this Section, such territory shall
remain liable for its proportionate share of such bonded
indebtedness and the fire protection district may continue to
levy and extend taxes upon the taxable property in such
territory for the purpose of amortizing such bonds until such
time as sufficient funds to retire such bonds have been
collected.
(e) On and after the effective date of this amendatory
Act of the 91st General Assembly, when territory is
disconnected from a fire protection district under this
Section, the annexing municipality shall pay, on or before
December 31 of each year for a period of 5 years after the
effective date of the disconnection, to the fire protection
district from which the territory was disconnected, an amount
as follows:
(1) In the first year after the disconnection, an
amount equal to the real estate tax collected on the
property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(2) In the second year after the disconnection, an
amount equal to 80% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(3) In the third year after the disconnection, an
amount equal to 60% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(4) In the fourth year after the disconnection, an
amount equal to 40% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(5) In the fifth year after the disconnection, an
amount equal to 20% of the real estate tax collected on
the property in the disconnected territory by the fire
protection district in the tax year immediately preceding
the year in which the disconnection took effect.
(Source: P.A. 84-1421.)
[ Top ]