Illinois General Assembly - Full Text of SB1410
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Full Text of SB1410  102nd General Assembly

SB1410eng 102ND GENERAL ASSEMBLY



 


 
SB1410 EngrossedLRB102 11187 AWJ 16519 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
5changing Section 20 as follows:
 
6    (70 ILCS 705/20)  (from Ch. 127 1/2, par. 38.3)
7    Sec. 20. Disconnection by operation of law.
8    (a) Any territory within a fire protection district that
9is or has been annexed to a city, village or incorporated town
10that provides fire protection for property within such city,
11village or incorporated town is, by operation of law,
12disconnected from the fire protection district as of the
13January first after such territory is annexed to the city,
14village or incorporated town, or in case any such territory
15has been so annexed prior to the effective date of this
16amendatory Act of 1965, as of January 1, 1966.
17    (b) The disconnection by operation of law does not occur
18if, within 60 days after such annexation or after the
19effective date of this amendatory Act of 1965, whichever is
20later, the fire protection district files with the appropriate
21court and with the County Clerk of each county in which the
22fire protection district is located, a petition alleging that
23such disconnection will cause the territory remaining in the

 

 

SB1410 Engrossed- 2 -LRB102 11187 AWJ 16519 b

1district to be noncontiguous or that the loss of assessed
2valuation by reason of such disconnection will impair the
3ability of the district to render fully adequate fire
4protection service to the territory remaining with the
5district. When such a petition is filed, with the court and
6with the County Clerk of each county in which the fire
7protection district is located, the court shall set it for
8hearing, and further proceedings shall be held, as provided in
9Section 15 of this Act, except that the city, village or
10incorporated town that annexed the territory shall be a
11necessary party to the proceedings, and it shall be served
12with summons in the manner for a party defendant under the
13Civil Practice Law. At such hearing, the district has the
14burden of proving the truth of the allegations in its
15petition.
16    (c) If disconnection does not occur, then the city,
17village or incorporated town in which part of a fire
18protection district's territory is located, is prohibited from
19levying the tax provided for by Section 11-7-1 of the
20"Illinois Municipal Code" in such fire protection district
21territory for services provided to the residents of such
22territory by the fire protection district.
23    (d) If there are any general obligation bonds of the fire
24protection district outstanding and unpaid at the time such
25territory is disconnected from the fire protection district by
26operation of this Section, such territory shall remain liable

 

 

SB1410 Engrossed- 3 -LRB102 11187 AWJ 16519 b

1for its proportionate share of such bonded indebtedness and
2the fire protection district may continue to levy and extend
3taxes upon the taxable property in such territory for the
4purpose of amortizing such bonds until such time as sufficient
5funds to retire such bonds have been collected.
6    (e) On and after the effective date of this amendatory Act
7of the 91st General Assembly, when territory is disconnected
8from a fire protection district under this Section, the
9annexing municipality shall pay, on or before December 31 of
10each year for a period of 5 years after the effective date of
11the disconnection, to the fire protection district from which
12the territory was disconnected, an amount as follows:
13        (1) In the first year after the disconnection, an
14    amount equal to the real estate tax collected on the
15    property in the disconnected territory by the fire
16    protection district in the tax year immediately preceding
17    the year in which the disconnection took effect.
18        (2) In the second year after the disconnection, an
19    amount equal to 80% of the real estate tax collected on the
20    property in the disconnected territory by the fire
21    protection district in the tax year immediately preceding
22    the year in which the disconnection took effect.
23        (3) In the third year after the disconnection, an
24    amount equal to 60% of the real estate tax collected on the
25    property in the disconnected territory by the fire
26    protection district in the tax year immediately preceding

 

 

SB1410 Engrossed- 4 -LRB102 11187 AWJ 16519 b

1    the year in which the disconnection took effect.
2        (4) In the fourth year after the disconnection, an
3    amount equal to 40% of the real estate tax collected on the
4    property in the disconnected territory by the fire
5    protection district in the tax year immediately preceding
6    the year in which the disconnection took effect.
7        (5) In the fifth year after the disconnection, an
8    amount equal to 20% of the real estate tax collected on the
9    property in the disconnected territory by the fire
10    protection district in the tax year immediately preceding
11    the year in which the disconnection took effect.
12    This subsection (e) applies to a fire protection district
13only if the corporate authorities of the district do not file a
14petition against the disconnection under subsection (b).
15    (f) A municipality which does not timely make the payment
16required in subsection (e) and which refuses to make such
17payment within 30 days following a written demand by the fire
18protection district entitled to the payment or which causes a
19fire protection district to incur an expense in order to
20collect the amount to which it is entitled under subsection
21(e) shall, in addition to the amount due under subsection (e),
22be responsible to reimburse the fire protection district for
23all costs incurred by the fire protection district in
24collecting the amount due, including, but not limited to,
25reasonable legal fees and court costs.
26(Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)