Illinois General Assembly - Full Text of SB2598
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Full Text of SB2598  100th General Assembly


Rep. Fred Crespo

Filed: 5/15/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2598 by replacing
3everything after the enacting clause with the following:
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



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1sought to be detached and disconnected; a statement that the
2detachment and disconnection will not cause the property
3remaining in the district to be noncontiguous, that the loss of
4assessed valuation by reason of the disconnection of the
5described property will not impair the ability of the district
6to render fully adequate fire protection service to the
7property remaining with the district, that the property to be
8detached and disconnected will remain liable for its
9proportionate share of any outstanding bonded indebtedness of
10the district, and that it is a home rule municipality that
11provides for its own fire service to at least 80% of the
12territory within the municipality; and asking that the
13described property be detached and disconnected from the fire
14protection district. The petition shall be signed and sworn to
15by the mayor or village president pursuant to a resolution of
16the corporate authorities of the municipality authorizing the
17filing of the petition.
18    For the purpose of meeting the requirement of this Section
19that the detachment and disconnection will not cause the
20remaining property to be noncontiguous, property shall be
21considered to be contiguous if the only separation between
22parts of the property is land owned by the United States, the
23State, or any agency or instrumentality of either, or any
24regional airport authority.
25    Upon the filing of the petition, the court shall set the
26same for hearing on a day not less than 2 weeks nor more than 4



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1weeks from the filing thereof and shall give 2 weeks' notice of
2such hearing in the manner provided in Section 1 of this Act.
3The fire protection district shall be a necessary party to the
4proceedings and it shall be served with summons in the manner
5prescribed for a party defendant under the Civil Practice Law.
6All property owners in such district, the district from which
7the transfer of property is to be made, and all persons
8interested therein may file objections, and at the hearing may
9appear and contest the detachment and disconnection of the
10property from the fire protection district, and both objectors
11and petitioners may offer any competent evidence in regard
12thereto. If the court, upon hearing such petition, finds that
13the petition complies with this Section 15c and that the
14allegations of the petition are true, the court shall enter an
15order detaching and disconnecting the property from the
16district, and upon entry of the order the property shall cease
17to be a part of the fire protection district and shall be
18serviced by the home rule municipality, except that the
19property remains liable for its proportionate share of any
20outstanding bonded indebtedness of the district. The circuit
21clerk shall transmit a certified copy of the order to the
22county clerk of each county in which any of the affected
23property is situated and to the Office of the State Fire
25    (70 ILCS 705/15d new)



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



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1    territory remaining with the district;
2        (4) a statement of the probable positive or negative
3    economic effect on businesses within the territory sought
4    to be disconnected; and
5        (5) a statement of the probable positive or negative
6    economic effect on residents within the territory sought to
7    be disconnected.
8    (c) Within 30 days after the filing of an economic impact
9analysis required by subsection (b), a municipality shall serve
10a copy of the economic impact analysis on the board of trustees
11of each impacted fire protection district by certified or
12registered mail. An affidavit that service of the economic
13impact analysis has been had as provided by this subsection
14must be filed with the clerk of the court in which the
15disconnection proceedings will be instituted. Disconnection of
16territory is not effective unless service is certified by
17affidavit filed as provided in this subsection.
18    (d) The territory is disconnected from the Fire Protection
19District and annexed to the municipality effective on January 1
20following the entry of a final court order finding that the
21petition meets the criteria set forth in this Section.
22    (e) A municipality, including a home rule municipality, may
23not disconnect territory from a fire protection district in a
24manner inconsistent with this Section. This Section is a
25limitation under subsection (i) of Section 6 of Article VII of
26the Illinois Constitution on the concurrent exercise by home



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1rule units of powers and functions exercised by the State.".