093_HB0120eng

HB0120 Engrossed                     LRB093 03770 MKM 03805 b

 1        AN ACT in relation to fire protection.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 2. The Township Code is amended by adding Section
 5    30-166 as follows:

 6        (60 ILCS 1/30-166 new)
 7        Sec. 30-166.  Charge against non-residents.
 8        (a)  The township board of each township may fix, charge,
 9    and collect fees not exceeding the  reasonable  cost  of  the
10    service  for  all  services  rendered by the township against
11    persons, businesses, and other entities who are not residents
12    of the township.
13        (b)  The charge may not be assessed against residents  of
14    the  township or persons who request fire protection coverage
15    for an unprotected area and who pay to the township an amount
16    equal to the township's fire protection tax under Article 200
17    of this Code.
18        (c)  The charge for such services shall be computed at  a
19    rate  not  to  exceed  $125  per  hour per vehicle and not to
20    exceed $35 per hour per firefighter responding to a call  for
21    assistance.   An additional charge may be levied to reimburse
22    the township for extraordinary expenses of materials used  in
23    rendering such services. No charge shall be made for services
24    for which the total charge would be less than $50.
25        (d)  All  revenue  from  the charges assessed pursuant to
26    this Section shall be deposited into the general fund of  the
27    township.

28        Section  5.  The  Illinois  Municipal  Code is amended by
29    adding Section 11-6-1.1 as follows:
 
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 1        (65 ILCS 5/11-6-1.1 new)
 2        Sec. 11-6-1.1.  Firefighting services  outside  corporate
 3    limits.  A  municipality  may  choose to provide firefighting
 4    services  to  property  outside  its  corporate  limits.  The
 5    corporate authorities of each municipality may  fix,  charge,
 6    and  collect  firefighting  service  fees  not  exceeding the
 7    actual cost of the  service  for  all  firefighting  services
 8    rendered by the municipality against persons, businesses, and
 9    other entities that are not residents of the municipality. An
10    additional charge may be levied to reimburse the municipality
11    for extraordinary expenses of materials used in rendering the
12    services.  Nothing in this Section shall impact any agreement
13    entered into by a municipality and persons,  businesses,  and
14    other  entities  that  are not residents of the municipality.
15    Nothing in this  Section  shall  require  a  municipality  to
16    supply  any firefighting services to property located outside
17    the corporate limits of the municipality.

18        Section 10. The Fire Protection District Act  is  amended
19    by changing Section 15 as follows:

20        (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
21        Sec.  15.  Whenever any property within a fire protection
22    district,  organized  under  this  Act,  does  not  have  the
23    territorial qualifications described in  Section  1  of  this
24    Act,  or is not reasonably protected by the district from the
25    hazards of fire or would receive greater benefit  of  service
26    from  another  such  district or other municipal corporation,
27    any legal voter within such district or the owner  or  owners
28    of such property may detach and disconnect such property from
29    such fire protection district in the following manner:
30        The  owner  or  owners  of such property within such fire
31    protection district or any legal voter within  such  district
32    may file his petition in the court in which such district was
 
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 1    organized  setting  forth  therein  the  description  of  the
 2    property  sought to be detached and disconnected, a statement
 3    that the detachment and  disconnection  will  not  cause  the
 4    territory remaining in the district to be noncontiguous; that
 5    the loss of assessed valuation by reason of the disconnection
 6    of such territory will not impair the ability of the district
 7    to  render  fully  adequate  fire  protection  service to the
 8    territory remaining with the  district;  that  the  territory
 9    will  remain  liable  for  its  proportionate  share  of  any
10    outstanding   bonded    indebtedness  of  the  district;  and
11    alleging  facts   in   support   of   such   detachment   and
12    disconnection, and praying that such property be detached and
13    disconnected   from   such  fire  protection  district.   The
14    petition shall be signed and sworn to by  the  petitioner  or
15    petitioners.  For  the  purpose of meeting the requirement of
16    this Section that the detachment and disconnection  will  not
17    cause  the remaining territory to be noncontiguous, territory
18    shall be considered to be contiguous if the  only  separation
19    between  parts  of  the territory is land owned by the United
20    States, the State of Illinois, any agency or  instrumentality
21    of  either,  or  any  regional  airport  authority.  Upon the
22    filing of such petition, the court shall  set  the  same  for
23    hearing  on a day not less than 2 weeks nor more than 4 weeks
24    from the filing thereof and shall give 2 weeks notice of such
25    hearing in the manner provided in Section 1 of this Act.  The
26    fire protection district shall be a necessary  party  to  the
27    proceedings and it shall be served with summons in the manner
28    prescribed  for  a  party  defendant under the Civil Practice
29    Law.  All property owners in such district, the district from
30    which such transfer of territory  is  to  be  made,  and  all
31    persons  interested  therein  may file objections, and at the
32    hearing  may  appear   and   contest   the   detachment   and
33    disconnection  of  the  property  from  such  fire protection
34    district, and both objectors and petitioners  may  offer  any
 
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 1    competent  evidence  in  regard  thereto.  If the court, upon
 2    hearing such petition, finds that the petition complies  with
 3    this  Act  and  that the allegations of the petition are true
 4    the court shall enter an order  detaching  and  disconnecting
 5    such property from such district, and thereupon such property
 6    shall  cease  to  be a part of such fire protection district,
 7    except that the property remains liable for its proportionate
 8    share  of  any  outstanding    bonded  indebtedness  of   the
 9    district.  The  circuit clerk shall transmit a certified copy
10    of the order to the county clerk of each county in which  any
11    of  territory  affected  is situated and to the Office of the
12    State Fire Marshal.
13    (Source: P.A. 91-323, eff. 1-1-00.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.