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91_SB1377ham001
LRB9110779SMdvam01
1 AMENDMENT TO SENATE BILL 1377
2 AMENDMENT NO. . Amend Senate Bill 1377 on page 1,
3 line 2, by replacing "Section 14.05" with "Sections 14.05 and
4 20"; and
5 on page 1, line 6, by replacing "Section 14.05" with
6 "Sections 14.05 and 20"; and
7 on page 2, immediately below line 14, by inserting the
8 following:
9 "(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
10 Sec. 20. Disconnection by operation of law.
11 (a) Any territory within a fire protection district that
12 is or has been annexed to a city, village or incorporated
13 town that provides fire protection for property within such
14 city, village or incorporated town is, by operation of law,
15 disconnected from the fire protection district as of the
16 January first after such territory is annexed to the city,
17 village or incorporated town, or in case any such territory
18 has been so annexed prior to the effective date of this
19 amendatory Act of 1965, as of January 1, 1966.
20 (b) The disconnection by operation of law does not occur
21 if, within 60 days after such annexation or after the
22 effective date of this amendatory Act of 1965, whichever is
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1 later, the fire protection district files with the
2 appropriate court and with the County Clerk of each county in
3 which the fire protection district is located, a petition
4 alleging that such disconnection will cause the territory
5 remaining in the district to be noncontiguous or that the
6 loss of assessed valuation by reason of such disconnection
7 will impair the ability of the district to render fully
8 adequate fire protection service to the territory remaining
9 with the district. When such a petition is filed, with the
10 court and with the County Clerk of each county in which the
11 fire protection district is located, the court shall set it
12 for hearing, and further proceedings shall be held, as
13 provided in Section 15 of this Act, except that the city,
14 village or incorporated town that annexed the territory shall
15 be a necessary party to the proceedings, and it shall be
16 served with summons in the manner for a party defendant under
17 the Civil Practice Law. At such hearing, the district has the
18 burden of proving the truth of the allegations in its
19 petition.
20 (c) If disconnection does not occur, then the city,
21 village or incorporated town in which part of a fire
22 protection district's territory is located, is prohibited
23 from levying the tax provided for by Section 11-7-1 of the
24 "Illinois Municipal Code" in such fire protection district
25 territory for services provided to the residents of such
26 territory by the fire protection district.
27 (d) If there are any general obligation bonds of the
28 fire protection district outstanding and unpaid at the time
29 such territory is disconnected from the fire protection
30 district by operation of this Section, such territory shall
31 remain liable for its proportionate share of such bonded
32 indebtedness and the fire protection district may continue to
33 levy and extend taxes upon the taxable property in such
34 territory for the purpose of amortizing such bonds until such
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1 time as sufficient funds to retire such bonds have been
2 collected.
3 (e) On and after the effective date of this amendatory
4 Act of the 91st General Assembly, when territory is
5 disconnected from a fire protection district under this
6 Section, the annexing municipality shall pay, on or before
7 December 31 of each year for a period of 5 years after the
8 effective date of the disconnection, to the fire protection
9 district from which the territory was disconnected, an amount
10 as follows:
11 (1) In the first year after the disconnection, an
12 amount equal to the real estate tax collected on the
13 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 (2) In the second year after the disconnection, an
17 amount equal to 80% 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 (3) In the third year after the disconnection, an
22 amount equal to 60% 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 (4) In the fourth year after the disconnection, an
27 amount equal to 40% 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.
31 (5) In the fifth year after the disconnection, an
32 amount equal to 20% of the real estate tax collected on
33 the property in the disconnected territory by the fire
34 protection district in the tax year immediately preceding
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1 the year in which the disconnection took effect.
2 This subsection (e) applies to a fire protection district
3 only if the corporate authorities of the district do not file
4 a petition against the disconnection under subsection (b).
5 (Source: P.A. 91-307, eff. 1-1-00.)".