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Public Act 100-1072


 

Public Act 1072 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1072
 
SB2598 EnrolledLRB100 17399 AWJ 32565 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Fire Protection District Act is amended by
adding Sections 15c and 15d as follows:
 
    (70 ILCS 705/15c new)
    Sec. 15c. Disconnection of fire protection district
territory within a home rule municipality.
    Whenever any property within a fire protection district is
located in a home rule municipality that provides fire service
to at least 80% of the territory within the municipality's
corporate limits, the home rule municipality may detach and
disconnect that property from the fire protection district in
the following manner:
    The municipality may petition the court, setting forth in
the petition the following: a description of the property
sought to be detached and disconnected; a statement that the
detachment and disconnection will not cause the property
remaining in the district to be noncontiguous, that the loss of
assessed valuation by reason of the disconnection of the
described property will not impair the ability of the district
to render fully adequate fire protection service to the
property remaining with the district, that the property to be
detached and disconnected will remain liable for its
proportionate share of any outstanding bonded indebtedness of
the district, and that it is a home rule municipality that
provides for its own fire service to at least 80% of the
territory within the municipality; and asking that the
described property be detached and disconnected from the fire
protection district. The petition shall be signed and sworn to
by the mayor or village president pursuant to a resolution of
the corporate authorities of the municipality authorizing the
filing of the petition.
    For the purpose of meeting the requirement of this Section
that the detachment and disconnection will not cause the
remaining property to be noncontiguous, property shall be
considered to be contiguous if the only separation between
parts of the property is land owned by the United States, the
State, or any agency or instrumentality of either, or any
regional airport authority.
    Upon the filing of the petition, the court shall set the
same for hearing on a day not less than 2 weeks nor more than 4
weeks from the filing thereof and shall give 2 weeks' notice of
such hearing in the manner provided in Section 1 of this Act.
The fire protection district shall be a necessary party to the
proceedings and it shall be served with summons in the manner
prescribed for a party defendant under the Civil Practice Law.
All property owners in such district, the district from which
the transfer of property is to be made, and all persons
interested therein may file objections, and at the hearing may
appear and contest the detachment and disconnection of the
property from the fire protection district, and both objectors
and petitioners may offer any competent evidence in regard
thereto. If the court, upon hearing such petition, finds that
the petition complies with this Section 15c and that the
allegations of the petition are true, the court shall enter an
order detaching and disconnecting the property from the
district, and upon entry of the order the property shall cease
to be a part of the fire protection district and shall be
serviced by the home rule municipality, except that the
property remains liable for its proportionate share of any
outstanding bonded indebtedness of the district. The circuit
clerk shall transmit a certified copy of the order to the
county clerk of each county in which any of the affected
property is situated and to the Office of the State Fire
Marshal.
 
    (70 ILCS 705/15d new)
    Sec. 15d. Disconnection of fire protection district
territory by a municipality; economic impact analysis.
    (a) As used in this Section, "economic impact analysis"
means a written report concerning the effect of a
municipality's disconnection of territory located both within
a municipality and a fire protection district.
    (b) Notwithstanding any other provision of law, a
municipality shall file an economic impact analysis with the
county clerk of each county in which a fire protection district
is located no less than 90 days prior to filing any action to
disconnect territory located both within the municipality and
the fire protection district. Each economic impact analysis
shall include the following:
        (1) a statement of existing and projected residential,
    nonresidential, and commercial growth in the territory
    within the fire protection district sought to be
    disconnected by the municipality for a 10-year period, a
    20-year period, and a 30-year period;
        (2) a statement of the costs of service incurred by the
    municipality in providing fire protection or emergency
    medical services after disconnecting the territory within
    the fire protection district;
        (3) a statement that the loss of assessed valuation by
    reason of the disconnection of the territory will not
    impair the ability of the fire protection district to
    render fully adequate fire protection service to the
    territory remaining with the district;
        (4) a statement of the probable positive or negative
    economic effect on businesses within the territory sought
    to be disconnected; and
        (5) a statement of the probable positive or negative
    economic effect on residents within the territory sought to
    be disconnected.
    (c) Within 30 days after the filing of an economic impact
analysis required by subsection (b), a municipality shall serve
a copy of the economic impact analysis on the board of trustees
of each impacted fire protection district by certified or
registered mail. An affidavit that service of the economic
impact analysis has been had as provided by this subsection
must be filed with the clerk of the court in which the
disconnection proceedings will be instituted. Disconnection of
territory is not effective unless service is certified by
affidavit filed as provided in this subsection.
    (d) The territory is disconnected from the Fire Protection
District and annexed to the municipality effective on January 1
following the entry of a final court order finding that the
petition meets the criteria set forth in this Section.
    (e) A municipality, including a home rule municipality, may
not disconnect territory from a fire protection district in a
manner inconsistent with this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.

Effective Date: 1/1/2019