SB2598 EnrolledLRB100 17399 AWJ 32565 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5adding Sections 15c and 15d as follows:
 
6    (70 ILCS 705/15c new)
7    Sec. 15c. Disconnection of fire protection district
8territory within a home rule municipality.
9    Whenever any property within a fire protection district is
10located in a home rule municipality that provides fire service
11to at least 80% of the territory within the municipality's
12corporate limits, the home rule municipality may detach and
13disconnect that property from the fire protection district in
14the following manner:
15    The municipality may petition the court, setting forth in
16the petition the following: a description of the property
17sought to be detached and disconnected; a statement that the
18detachment and disconnection will not cause the property
19remaining in the district to be noncontiguous, that the loss of
20assessed valuation by reason of the disconnection of the
21described property will not impair the ability of the district
22to render fully adequate fire protection service to the
23property remaining with the district, that the property to be

 

 

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1detached and disconnected will remain liable for its
2proportionate share of any outstanding bonded indebtedness of
3the district, and that it is a home rule municipality that
4provides for its own fire service to at least 80% of the
5territory within the municipality; and asking that the
6described property be detached and disconnected from the fire
7protection district. The petition shall be signed and sworn to
8by the mayor or village president pursuant to a resolution of
9the corporate authorities of the municipality authorizing the
10filing of the petition.
11    For the purpose of meeting the requirement of this Section
12that the detachment and disconnection will not cause the
13remaining property to be noncontiguous, property shall be
14considered to be contiguous if the only separation between
15parts of the property is land owned by the United States, the
16State, or any agency or instrumentality of either, or any
17regional airport authority.
18    Upon the filing of the petition, the court shall set the
19same for hearing on a day not less than 2 weeks nor more than 4
20weeks from the filing thereof and shall give 2 weeks' notice of
21such hearing in the manner provided in Section 1 of this Act.
22The fire protection district shall be a necessary party to the
23proceedings and it shall be served with summons in the manner
24prescribed for a party defendant under the Civil Practice Law.
25All property owners in such district, the district from which
26the transfer of property is to be made, and all persons

 

 

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1interested therein may file objections, and at the hearing may
2appear and contest the detachment and disconnection of the
3property from the fire protection district, and both objectors
4and petitioners may offer any competent evidence in regard
5thereto. If the court, upon hearing such petition, finds that
6the petition complies with this Section 15c and that the
7allegations of the petition are true, the court shall enter an
8order detaching and disconnecting the property from the
9district, and upon entry of the order the property shall cease
10to be a part of the fire protection district and shall be
11serviced by the home rule municipality, except that the
12property remains liable for its proportionate share of any
13outstanding bonded indebtedness of the district. The circuit
14clerk shall transmit a certified copy of the order to the
15county clerk of each county in which any of the affected
16property is situated and to the Office of the State Fire
17Marshal.
 
18    (70 ILCS 705/15d new)
19    Sec. 15d. Disconnection of fire protection district
20territory by a municipality; economic impact analysis.
21    (a) As used in this Section, "economic impact analysis"
22means a written report concerning the effect of a
23municipality's disconnection of territory located both within
24a municipality and a fire protection district.
25    (b) Notwithstanding any other provision of law, a

 

 

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1municipality shall file an economic impact analysis with the
2county clerk of each county in which a fire protection district
3is located no less than 90 days prior to filing any action to
4disconnect territory located both within the municipality and
5the fire protection district. Each economic impact analysis
6shall include the following:
7        (1) a statement of existing and projected residential,
8    nonresidential, and commercial growth in the territory
9    within the fire protection district sought to be
10    disconnected by the municipality for a 10-year period, a
11    20-year period, and a 30-year period;
12        (2) a statement of the costs of service incurred by the
13    municipality in providing fire protection or emergency
14    medical services after disconnecting the territory within
15    the fire protection district;
16        (3) a statement that the loss of assessed valuation by
17    reason of the disconnection of the territory will not
18    impair the ability of the fire protection district to
19    render fully adequate fire protection service to the
20    territory remaining with the district;
21        (4) a statement of the probable positive or negative
22    economic effect on businesses within the territory sought
23    to be disconnected; and
24        (5) a statement of the probable positive or negative
25    economic effect on residents within the territory sought to
26    be disconnected.

 

 

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1    (c) Within 30 days after the filing of an economic impact
2analysis required by subsection (b), a municipality shall serve
3a copy of the economic impact analysis on the board of trustees
4of each impacted fire protection district by certified or
5registered mail. An affidavit that service of the economic
6impact analysis has been had as provided by this subsection
7must be filed with the clerk of the court in which the
8disconnection proceedings will be instituted. Disconnection of
9territory is not effective unless service is certified by
10affidavit filed as provided in this subsection.
11    (d) The territory is disconnected from the Fire Protection
12District and annexed to the municipality effective on January 1
13following the entry of a final court order finding that the
14petition meets the criteria set forth in this Section.
15    (e) A municipality, including a home rule municipality, may
16not disconnect territory from a fire protection district in a
17manner inconsistent with this Section. This Section is a
18limitation under subsection (i) of Section 6 of Article VII of
19the Illinois Constitution on the concurrent exercise by home
20rule units of powers and functions exercised by the State.