State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]

91_SB1377enr

 
SB1377 Enrolled                                LRB9110779SMdv

 1        AN ACT to amend  the  Fire  Protection  District  Act  by
 2    changing Sections 14.05 and 20.

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

 5        Section 5.  The Fire Protection District Act  is  amended
 6    by changing Sections 14.05 and 20 as follows:

 7        (70 ILCS 705/14.05) (from Ch. 127 1/2, par. 34.05)
 8        Sec.  14.05.   At  the  hearing  the  court  shall  first
 9    determine  whether  the districts are adjoining, as described
10    in Section 14.01, and whether the petition is signed by 50 or
11    more of the legal voters resident within the limits  of  each
12    of   the  districts  proposed  to  be  consolidated.  If  the
13    districts are not adjoining or if  the  petition  is  not  so
14    signed the petition shall be dismissed.
15        If  the  districts  are  adjoining and the petition is so
16    signed,  the  court  shall  then  order   the   question   of
17    consolidation  and  the  rate  of  taxes for the consolidated
18    district submitted to the legal voters in each district at an
19    election, and shall certify the question and its order to the
20    proper election officials who shall submit the question at an
21    election in accordance with the  general  election  law.  The
22    proposition shall be in substantially the following form:
23    -------------------------------------------------------------
24        Shall (name of district in which
25    election is being held), be
26    consolidated with (name of other
27    district or districts) to organize         YES
28    (name of consolidated district)
29    and shall the maximum allowable
30    tax rate for (name of consolidated   ------------------------
31    district) be set at (rate of tax,
 
SB1377 Enrolled            -2-                 LRB9110779SMdv
 1    stated as a percentage) of the
 2    value of all taxable property within       NO
 3    (name of consolidated district)
 4    as equalized or assessed by the
 5    Department of Revenue?
 6    -------------------------------------------------------------
 7    The  court  shall cause a written statement of the results of
 8    such election to be filed of record in the court. If, in each
 9    district, a majority of the voters  voting  on  the  question
10    shall  favor  consolidation  and the stated rate of taxes for
11    the  consolidated  district,  the  court  shall   order   the
12    consolidation   of   the   districts  into  the  consolidated
13    district.
14    (Source: P.A. 83-1488.)

15        (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
16        Sec. 20.  Disconnection by operation of law.
17        (a)  Any territory within a fire protection district that
18    is or has been annexed to a  city,  village  or  incorporated
19    town  that  provides fire protection for property within such
20    city, village or incorporated town is, by operation  of  law,
21    disconnected  from  the  fire  protection  district as of the
22    January first after such territory is annexed  to  the  city,
23    village  or  incorporated town, or in case any such territory
24    has been so annexed prior  to  the  effective  date  of  this
25    amendatory Act of 1965, as of January 1, 1966.
26        (b)  The disconnection by operation of law does not occur
27    if,  within  60  days  after  such  annexation  or  after the
28    effective date of this amendatory Act of 1965,  whichever  is
29    later,   the   fire   protection   district  files  with  the
30    appropriate court and with the County Clerk of each county in
31    which the fire protection district  is  located,  a  petition
32    alleging  that  such  disconnection  will cause the territory
33    remaining in the district to be  noncontiguous  or  that  the
 
SB1377 Enrolled            -3-                 LRB9110779SMdv
 1    loss  of  assessed  valuation by reason of such disconnection
 2    will impair the ability  of  the  district  to  render  fully
 3    adequate  fire  protection service to the territory remaining
 4    with the district. When such a petition is  filed,  with  the
 5    court  and  with the County Clerk of each county in which the
 6    fire protection district is located, the court shall  set  it
 7    for  hearing,  and  further  proceedings  shall  be  held, as
 8    provided in Section 15 of this Act,  except  that  the  city,
 9    village or incorporated town that annexed the territory shall
10    be  a  necessary  party  to  the proceedings, and it shall be
11    served with summons in the manner for a party defendant under
12    the Civil Practice Law. At such hearing, the district has the
13    burden of  proving  the  truth  of  the  allegations  in  its
14    petition.
15        (c)  If  disconnection  does  not  occur,  then the city,
16    village  or  incorporated  town  in  which  part  of  a  fire
17    protection district's territory  is  located,  is  prohibited
18    from  levying  the  tax provided for by Section 11-7-1 of the
19    "Illinois Municipal Code" in such  fire  protection  district
20    territory  for  services  provided  to  the residents of such
21    territory by the fire protection district.
22        (d)  If there are any general  obligation  bonds  of  the
23    fire  protection  district outstanding and unpaid at the time
24    such territory  is  disconnected  from  the  fire  protection
25    district  by  operation of this Section, such territory shall
26    remain liable for its  proportionate  share  of  such  bonded
27    indebtedness and the fire protection district may continue to
28    levy  and  extend  taxes  upon  the  taxable property in such
29    territory for the purpose of amortizing such bonds until such
30    time as sufficient funds  to  retire  such  bonds  have  been
31    collected.
32        (e)  On  and  after the effective date of this amendatory
33    Act  of  the  91st  General  Assembly,  when   territory   is
34    disconnected  from  a  fire  protection  district  under this
 
SB1377 Enrolled            -4-                 LRB9110779SMdv
 1    Section, the annexing municipality shall pay,  on  or  before
 2    December  31  of  each year for a period of 5 years after the
 3    effective date of the disconnection, to the  fire  protection
 4    district from which the territory was disconnected, an amount
 5    as follows:
 6             (1)  In  the  first year after the disconnection, an
 7        amount equal to the real  estate  tax  collected  on  the
 8        property  in  the  disconnected  territory  by  the  fire
 9        protection district in the tax year immediately preceding
10        the year in which the disconnection took effect.
11             (2)  In  the second year after the disconnection, an
12        amount equal to 80% of the real estate tax  collected  on
13        the  property  in  the disconnected territory by the fire
14        protection district in the tax year immediately preceding
15        the year in which the disconnection took effect.
16             (3)  In the third year after the  disconnection,  an
17        amount  equal  to 60% of the real estate tax collected on
18        the property in the disconnected territory  by  the  fire
19        protection district in the tax year immediately preceding
20        the year in which the disconnection took effect.
21             (4)  In  the fourth year after the disconnection, an
22        amount equal to 40% of the real estate tax  collected  on
23        the  property  in  the disconnected territory by the fire
24        protection district in the tax year immediately preceding
25        the year in which the disconnection took effect.
26             (5)  In the fifth year after the  disconnection,  an
27        amount  equal  to 20% of the real estate tax collected on
28        the property in the disconnected territory  by  the  fire
29        protection district in the tax year immediately preceding
30        the year in which the disconnection took effect.
 
SB1377 Enrolled            -5-                 LRB9110779SMdv
 1        This subsection (e) applies to a fire protection district
 2    only if the corporate authorities of the district do not file
 3    a petition against the disconnection under subsection (b).
 4    (Source: P.A. 91-307, eff. 1-1-00.)

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