Illinois General Assembly - Full Text of HB5856
Illinois General Assembly

Previous General Assemblies

Full Text of HB5856  98th General Assembly


Rep. Donald L. Moffitt

Filed: 3/12/2014





09800HB5856ham002LRB098 19102 JLK 56846 a


2    AMENDMENT NO. ______. Amend House Bill 5856 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Fire Protection District Act is amended by
5changing Section 3 as follows:
6    (70 ILCS 705/3)  (from Ch. 127 1/2, par. 23)
7    Sec. 3. Additional contiguous territory having the
8qualifications set forth in Section 1 may be added to any fire
9protection district as provided for in this Act in the manner
11    (a) One percent or more of the legal voters resident within
12the limits of the proposed addition to the fire protection
13district may petition the court of the county in which the
14original petition for the formation of the fire protection
15district was filed, to cause the question to be submitted to
16the legal voters of the proposed additional territory whether



09800HB5856ham002- 2 -LRB098 19102 JLK 56846 a

1the proposed additional territory shall become a part of any
2contiguous fire protection district organized under this Act
3and whether the voters of the additional territory shall assume
4a proportionate share of the bonded indebtedness of the
5district. The petition shall be addressed to the court and
6shall contain a definite description of the boundaries of the
7territory to be embraced in the proposed addition and shall
8allege facts in support of such addition.
9    Upon filing the petition in the office of the circuit clerk
10of the county in which the original petition for the formation
11of the fire protection district was filed, it shall be the duty
12of the court to fix a time and place of a hearing upon the
13subject of the petition.
14    Notice shall be given by the court, or by the circuit clerk
15or sheriff upon order of the court of the county in which the
16petition is filed, of the time and place of a hearing upon the
17petition in the manner as provided in Section 1. The conduct of
18the hearing on the question whether the proposed additional
19territory shall become a part of the fire protection district
20shall be carried out in the manner described in Section 1, as
21nearly as may be. The question shall be in substantially the
22following form:
24    For joining the.... Fire
25Protection District and assuming a
26proportionate share of bonded



09800HB5856ham002- 3 -LRB098 19102 JLK 56846 a

1indebtedness, if any.
3    Against joining the.... Fire
4Protection District and assuming a
5proportionate share of bonded
6indebtedness, if any.
8    If a majority of the votes cast at the election upon the
9question of becoming a part of any contiguous fire protection
10district are in favor of becoming a part of that fire
11protection district and if the trustees of the fire protection
12district accept the proposed additional territory by
13resolution, the proposed additional territory shall be deemed
14an integral part of that fire protection district and shall be
15subject to all the benefits of service and responsibilities of
16the district as set forth in this Act.
17    (a-5) Any fire protection district organized under the
18provisions of this Act may be simultaneously dissolved and
19consolidated into an adjoining fire protection district upon
20like petition, hearing and election as is provided under
21Section 1 of this Act for the organization of such district,
22except that the ballot for such election shall be in
23substantially the following form:
25    Shall the ... Fire Protection District
26dissolve and be consolidated              YES



09800HB5856ham002- 4 -LRB098 19102 JLK 56846 a

1into the ... Fire--------------------------------------------
2Protection District?                       NO
4    If a majority of the votes cast on the question at such
5election are in favor of such dissolution and consolidation,
6and if the board of trustees of the adjoining district agrees
7by resolution to accept the territory comprising the dissolved
8district, the clerk of the circuit court of the county in which
9the petition was filed shall enter an order on the records of
10the court dissolving and consolidating such district. On the
11effective date of the of the simultaneous dissolution and
12consolidation, all the rights, powers, duties, assets,
13property, liabilities, indebtedness, obligations, bonding
14authority, taxing authority, and responsibilities of the
15former district shall vest in and be assumed by the fire
16protection district assuming the territory of the former
18    (b) The owner or owners of any tract or tracts of land,
19contiguous to an existing fire protection district and not
20already included in a fire protection district, may file a
21written petition, addressed to the trustees of the fire
22protection district to which they seek to have their tract or
23tracts of land attached, containing a definite description of
24the boundaries of the territory and a statement that they
25desire that their property become a part of the fire protection
26district to which their petition is addressed, and that they



09800HB5856ham002- 5 -LRB098 19102 JLK 56846 a

1are willing that their property assume a proportionate share of
2the bonded indebtedness, if any, of the fire protection
4    When such a petition is filed with the trustees, they shall
5immediately pass a resolution to accept or reject the territory
6proposed to be attached. If the trustees resolve in favor of
7accepting the territory, they shall file with the court of the
8county where the fire protection district was organized the
9original petition and a certified copy of the resolution, and
10the court shall then enter an order stating that the proposed
11annexed territory shall be deemed an integral part of that fire
12protection district and subject to all of the benefits of
13service and responsibilities of the district. The circuit clerk
14shall transmit a certified copy of the order to the county
15clerk of each county in which any of the territory affected is
16situated and to the State Fire Marshal.
17    (c) Upon the annexation of territory by a district, the
18boundary shall extend to the far side of any adjacent highway
19and shall include all of every highway within the area annexed.
20These highways shall be considered to be annexed even though
21not included in the legal description set forth in the petition
22for annexation.
23(Source: P.A. 85-556; 86-1191.)".