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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing Section 20 as follows:
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6 | (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
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7 | (Text of Section before amendment by P.A. 102-574 )
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8 | Sec. 20. Disconnection by operation of law.
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9 | (a) Any territory within a fire protection district that | ||||||
10 | is or
has been annexed to a city, village or incorporated town | ||||||
11 | that provides
fire protection for property within such city, | ||||||
12 | village or incorporated
town is, by operation of law, | ||||||
13 | disconnected from the fire protection
district as of the | ||||||
14 | January first after such territory is annexed to the
city, | ||||||
15 | village or incorporated town, or in case any such territory | ||||||
16 | has
been so annexed prior to the effective date of this | ||||||
17 | amendatory Act of
1965, as of January 1, 1966.
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18 | (b) The disconnection by operation of law does
not occur | ||||||
19 | if, within 60 days after such annexation or after the
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20 | effective date of this amendatory Act of 1965, whichever is | ||||||
21 | later, the
fire protection district files with the appropriate | ||||||
22 | court and with the
County Clerk of each county in which the | ||||||
23 | fire protection
district is located, a petition
alleging that |
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1 | such disconnection will cause the territory remaining in
the | ||||||
2 | district to be noncontiguous or that the loss of assessed | ||||||
3 | valuation
by reason of such disconnection will impair the | ||||||
4 | ability of the district
to render fully adequate fire | ||||||
5 | protection service to the territory
remaining with the | ||||||
6 | district. When such a petition is filed, with the
court and | ||||||
7 | with the County Clerk of each county in which the fire
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8 | protection district is located, the court
shall set it for | ||||||
9 | hearing, and further proceedings shall be held, as
provided in | ||||||
10 | Section 15 of this Act, except that the city, village or | ||||||
11 | incorporated
town that annexed the territory shall be a | ||||||
12 | necessary party to the proceedings,
and it shall be served | ||||||
13 | with summons in the manner for a party defendant
under the | ||||||
14 | Civil Practice Law. At such hearing, the district has
the | ||||||
15 | burden of proving the truth of the allegations in its | ||||||
16 | petition.
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17 | (c) If disconnection
does not occur, then the city, | ||||||
18 | village or incorporated town in which part
of a fire | ||||||
19 | protection district's territory is located, is prohibited from
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20 | levying the tax provided for by Section 11-7-1 of the | ||||||
21 | "Illinois Municipal
Code" in such fire protection district | ||||||
22 | territory for services provided to
the residents of such | ||||||
23 | territory by the fire protection district.
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24 | (d) If
there are any general obligation bonds of the fire | ||||||
25 | protection district
outstanding and unpaid at the time such | ||||||
26 | territory is disconnected from
the fire protection district by |
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1 | operation of this Section, such
territory shall remain liable | ||||||
2 | for its proportionate share of such bonded
indebtedness and | ||||||
3 | the fire protection district may continue to levy and
extend | ||||||
4 | taxes upon the taxable property in such territory for the | ||||||
5 | purpose
of amortizing such bonds until such time as sufficient | ||||||
6 | funds to retire
such bonds have been collected.
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7 | (e) On and after the effective date of this amendatory Act | ||||||
8 | of
the 91st General Assembly, when territory is disconnected | ||||||
9 | from a fire
protection district under this Section, the | ||||||
10 | annexing municipality shall pay, on
or before December 31 of | ||||||
11 | each year for a period of 5 years after the effective
date of | ||||||
12 | the
disconnection, to the fire
protection district from which | ||||||
13 | the territory was disconnected, an amount as
follows:
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14 | (1) In the first year after the disconnection, an | ||||||
15 | amount equal to the real
estate tax collected on the | ||||||
16 | property in the disconnected territory by the fire
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17 | protection district in the tax year immediately preceding | ||||||
18 | the year in which the
disconnection took effect.
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19 | (2) In the second year after the disconnection, an | ||||||
20 | amount equal to 80% of
the real estate tax collected on the | ||||||
21 | property in the disconnected territory by
the
fire | ||||||
22 | protection district in the tax year immediately preceding | ||||||
23 | the year in
which the
disconnection took effect.
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24 | (3) In the third year after the disconnection, an | ||||||
25 | amount equal to 60% of
the
real estate tax collected on the | ||||||
26 | property in the disconnected territory by the
fire
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1 | protection district in the tax year immediately preceding | ||||||
2 | the year in which the
disconnection took effect.
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3 | (4) In the fourth year after the disconnection, an | ||||||
4 | amount equal to 40% of
the real estate tax collected on the | ||||||
5 | property in the disconnected territory by
the
fire | ||||||
6 | protection district in the tax year immediately preceding | ||||||
7 | the year in
which the
disconnection took effect.
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8 | (5) In the fifth year after the disconnection, an | ||||||
9 | amount equal to 20% of
the
real estate tax collected on the | ||||||
10 | property in the disconnected territory by the
fire
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11 | protection district in the tax year immediately preceding | ||||||
12 | the year in which the
disconnection took effect.
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13 | This subsection (e) applies to a fire protection district | ||||||
14 | only if the
corporate authorities of the district do not file a | ||||||
15 | petition against the
disconnection under subsection (b).
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16 | (f) A municipality that does not timely make the payment | ||||||
17 | required in subsection (e) and which refuses to make such | ||||||
18 | payment within 30 days following a written demand by the fire | ||||||
19 | protection district entitled to the payment or which causes a | ||||||
20 | fire protection district to incur an expense in order to | ||||||
21 | collect the amount to which it is entitled under subsection | ||||||
22 | (e) shall, in addition to the amount due under subsection (e), | ||||||
23 | be responsible to reimburse the fire protection district for | ||||||
24 | all costs incurred by the fire protection district in | ||||||
25 | collecting the amount due, including, but not limited to, | ||||||
26 | reasonable legal fees and court costs. |
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1 | (Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)
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2 | (Text of Section after amendment by P.A. 102-574 )
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3 | Sec. 20. Disconnection by operation of law.
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4 | (a) Any territory within a fire protection district that | ||||||
5 | is or
has been annexed to a municipality that provides
fire | ||||||
6 | protection for property within such city, village or | ||||||
7 | incorporated
town is, by operation of law, disconnected from | ||||||
8 | the fire protection
district as of the January first after | ||||||
9 | such territory is annexed to the municipality as long as the | ||||||
10 | municipality has conducted a response-time study that shows, | ||||||
11 | at a minimum, estimated response times from the fire | ||||||
12 | protection district to the territory and estimated response | ||||||
13 | times of the municipal fire department from the territory
or | ||||||
14 | in case any such territory has
been so annexed prior to the | ||||||
15 | effective date of this amendatory Act of
1965, as of January 1, | ||||||
16 | 1966.
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17 | (b) The disconnection by operation of law does
not occur | ||||||
18 | if, within 60 days after such annexation or after the
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19 | effective date of this amendatory Act of 1965, whichever is | ||||||
20 | later, the
fire protection district files with the appropriate | ||||||
21 | court and with the
County Clerk of each county in which the | ||||||
22 | fire protection
district is located, a petition
alleging that | ||||||
23 | such disconnection will cause the territory remaining in
the | ||||||
24 | district to be noncontiguous or that the loss of assessed | ||||||
25 | valuation
by reason of such disconnection will impair the |
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| |||||||
1 | ability of the district
to render fully adequate fire | ||||||
2 | protection service to the territory
remaining with the | ||||||
3 | district. When such a petition is filed, with the
court and | ||||||
4 | with the County Clerk of each county in which the fire
| ||||||
5 | protection district is located, the court
shall set it for | ||||||
6 | hearing, and further proceedings shall be held, as
provided in | ||||||
7 | Section 15 of this Act, except that the city, village or | ||||||
8 | incorporated
town that annexed the territory shall be a | ||||||
9 | necessary party to the proceedings,
and it shall be served | ||||||
10 | with summons in the manner for a party defendant
under the | ||||||
11 | Civil Practice Law. At such hearing, the district has
the | ||||||
12 | burden of proving the truth of the allegations in its | ||||||
13 | petition.
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14 | (c) If disconnection
does not occur, then the city, | ||||||
15 | village or incorporated town in which part
of a fire | ||||||
16 | protection district's territory is located, is prohibited from
| ||||||
17 | levying the tax provided for by Section 11-7-1 of the | ||||||
18 | "Illinois Municipal
Code" in such fire protection district | ||||||
19 | territory for services provided to
the residents of such | ||||||
20 | territory by the fire protection district.
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21 | (d) If
there are any general obligation bonds of the fire | ||||||
22 | protection district
outstanding and unpaid at the time such | ||||||
23 | territory is disconnected from
the fire protection district by | ||||||
24 | operation of this Section, such
territory shall remain liable | ||||||
25 | for its proportionate share of such bonded
indebtedness and | ||||||
26 | the fire protection district may continue to levy and
extend |
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| |||||||
1 | taxes upon the taxable property in such territory for the | ||||||
2 | purpose
of amortizing such bonds until such time as sufficient | ||||||
3 | funds to retire
such bonds have been collected.
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4 | (e) On and after the effective date of this amendatory Act | ||||||
5 | of
the 91st General Assembly, when territory is disconnected | ||||||
6 | from a fire
protection district under this Section, the | ||||||
7 | annexing municipality shall pay, on
or before December 31 of | ||||||
8 | each year for a period of 5 years after the effective
date of | ||||||
9 | the
disconnection, to the fire
protection district from which | ||||||
10 | the territory was disconnected, an amount as
follows:
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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.
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16 | (2) In the second year after the disconnection, an | ||||||
17 | amount equal to 80% of
the real estate tax collected on the | ||||||
18 | 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.
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21 | (3) In the third year after the disconnection, an | ||||||
22 | amount equal to 60% of
the
real estate tax collected on the | ||||||
23 | property in the disconnected territory by the
fire
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24 | protection district in the tax year immediately preceding | ||||||
25 | the year in which the
disconnection took effect.
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26 | (4) In the fourth year after the disconnection, an |
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1 | amount equal to 40% of
the real estate tax collected on the | ||||||
2 | property in the disconnected territory by
the
fire | ||||||
3 | protection district in the tax year immediately preceding | ||||||
4 | the year in
which the
disconnection took effect.
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5 | (5) In the fifth year after the disconnection, an | ||||||
6 | amount equal to 20% of
the
real estate tax collected on the | ||||||
7 | property in the disconnected territory by the
fire
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8 | protection district in the tax year immediately preceding | ||||||
9 | the year in which the
disconnection took effect.
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10 | This subsection (e) applies to a fire protection district | ||||||
11 | only if the
corporate authorities of the district do not file a | ||||||
12 | petition against the
disconnection under subsection (b).
| ||||||
13 | (f) A municipality that does not timely make the payment | ||||||
14 | required in subsection (e) and which refuses to make such | ||||||
15 | payment within 30 days following a written demand by the fire | ||||||
16 | protection district entitled to the payment or which causes a | ||||||
17 | fire protection district to incur an expense in order to | ||||||
18 | collect the amount to which it is entitled under subsection | ||||||
19 | (e) shall, in addition to the amount due under subsection (e), | ||||||
20 | be responsible to reimburse the fire protection district for | ||||||
21 | all costs incurred by the fire protection district in | ||||||
22 | collecting the amount due, including, but not limited to, | ||||||
23 | reasonable legal fees and court costs. | ||||||
24 | (Source: P.A. 102-574, eff. 1-1-22.)
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25 | Section 95. No acceleration or delay. Where this Act makes |
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1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act. |