103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3163

 

Introduced 2/6/2024, by Sen. Mary Edly-Allen

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 705/14  from Ch. 127 1/2, par. 34

    Amends the Fire Protection District Act. Provides that specified accumulation of funds by a board of trustees of a fire protection district may occur in the district's corporate fund or other district fund. Provides that the board of trustees of a fire protection district may accumulate funds for the purposes of emergency medical services, technical rescue, and other services performed by the fire district and for the purposes of providing employees other post-employment benefits.


LRB103 35353 AWJ 65417 b

 

 

A BILL FOR

 

SB3163LRB103 35353 AWJ 65417 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5changing Section 14 as follows:
 
6    (70 ILCS 705/14)  (from Ch. 127 1/2, par. 34)
7    Sec. 14. The Board of Trustees may levy and collect other
8taxes for all corporate purposes, including, without limiting
9the generality of the foregoing, the payment of all
10obligations incurred in taking over the fire protection
11facilities of any city, village or incorporated town located
12within the boundaries of any such district, including all
13pension or annuity plans of any such city, village or
14incorporated town applicable to the maintenance of fire
15protection facilities, and further for the purposes of
16building, repairing and improving fire houses, of the renting
17of buildings and property for corporate purposes, of procuring
18firehouse land or sites, fire-fighting apparatus and
19equipment, and of procuring apparatus and equipment for
20emergencies involving hazardous substances and providing
21appropriate training for such situations, exclusive of taxes
22to pay bonded indebtedness upon all the taxable property
23within the territorial limits of such fire protection

 

 

SB3163- 2 -LRB103 35353 AWJ 65417 b

1districts, the aggregate amount of which shall not exceed
20.125% of the value, as equalized or assessed by the
3Department of Revenue, except as provided in this Section.
4    All taxes proposed to be levied by a district shall be
5levied by ordinance, a certified copy of which shall be filed
6with the county clerk of the county in which the taxes are to
7be collected not later than the last Tuesday in December in
8each year.
9    The Board of Trustees may accumulate funds in its
10corporate fund or other district fund for the purposes of
11building, repairing and improving firehouses, for the purposes
12of procuring firehouse land or sites and , fire-fighting
13apparatus and equipment, and for the purposes of procuring
14appropriate apparatus, equipment, and training for emergencies
15involving hazardous substances, for the purposes of emergency
16medical services, technical rescue, and other services
17performed by the fire district, and for the purposes of
18providing employees other post-employment benefits and may
19annually levy taxes for such purposes in excess of current
20requirements for its other purposes but subject to the tax
21rate limitations as provided in this Section.
22    If the Board of Trustees desires to levy such taxes at a
23rate in excess of 0.125% and in excess of 0.30% but not in
24excess of 0.40% of the value of all taxable property within the
25district as equalized or assessed by the Department of
26Revenue, it shall certify the question to the proper election

 

 

SB3163- 3 -LRB103 35353 AWJ 65417 b

1officials, who shall submit the question at an election in
2accordance with the general election law. The result of such
3referendum shall be entered upon the records of the district.
4If a majority of the voters at such election vote in favor of
5the proposition, the Board of Trustees may levy such taxes at a
6rate not to exceed 0.40% of the value of all taxable property
7within the district as equalized or assessed by the Department
8of Revenue. The proposition shall be in substantially the
9following form:
10----------------------------------------------
11    Shall the maximum allowable tax rate
12for the.... Fire Protection District            YES
13be increased from 0.125% to 0.40% (or from
140.30% to 0.40%, as the case may be)           ---------------
15of the value of all taxable property within
16the District as equalized or assessed by        NO
17the Department of Revenue?
18-------------------------------------------------------------
19    The Board of Trustees has power to levy such taxes at a
20rate in excess of 0.125% but not in excess of 0.30% of the
21value of all taxable property within the district, as
22equalized or assessed by the Department of Revenue, under the
23following terms and conditions.
24    The board of trustees shall proceed in like manner prior
25to the adoption of an ordinance providing for the levy of taxes
26at a rate not in excess of 0.30% as if the board of trustees

 

 

SB3163- 4 -LRB103 35353 AWJ 65417 b

1had followed the procedures to adopt an ordinance not in
2excess of 0.125% of the value of all taxable property within
3the district as equalized or assessed by the Department of
4Revenue.
5    The board of trustees shall provide by ordinance for the
6levy and collection of taxes at a rate not in excess of 0.30%
7of the value of all taxable property within the district as
8equalized or assessed by the Department of Revenue. A
9certified copy of such ordinance shall be filed in the office
10of the county clerk of each county in which any portion of the
11territory of such fire protection district is situated, which
12certified copy constitutes authority for the clerk or clerks
13in each case to extend taxes annually at the rate so provided
14against all of the taxable property contained in the fire
15protection district.
16    After such ordinance has been passed, it shall be
17published once within 30 days after its passage in one or more
18newspapers published in the fire protection district or, if no
19newspaper is published therein, it shall be published in a
20newspaper published in the county in which such district is
21located and having general circulation within such district.
22If no newspaper is published in the county having general
23circulation in the district, publication may be made instead
24by posting copies of such ordinance in 10 public places within
25the fire protection district. The publication or posting of
26the ordinance shall include a notice of (1) the specific

 

 

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1number of voters required to sign a petition requesting that
2the question of the adoption of the tax levy be submitted to
3the voters of the district; (2) the time within which the
4petition must be filed; and (3) the date of the prospective
5referendum. The district secretary shall provide a petition
6form to any individual requesting one. The ordinance shall not
7become effective until 30 days after its publication or the
8date of such posting of such copies.
9    Whenever a petition signed by the electors of the fire
10protection district equal in number to 10% or more of the
11registered voters in the fire protection district is filed
12with the Board of Trustees thereof which has adopted an
13ordinance providing for such increase in the rate of taxes and
14such petition has been filed with the Board of Trustees within
1530 days after the publication or the date of the posting of the
16copies which petition seeks the submission of such increase in
17the rate of taxes to an election, the Board of Trustees shall
18certify the question to the proper election officials who
19shall submit the question at an election in accordance with
20the general election law.
21    The proposition shall be substantially in the following
22form:
23--------------------------------------------------------
24    Shall the maximum allowable tax
25rate for .... Fire Protection             YES
26District be increased from 0.125%

 

 

SB3163- 6 -LRB103 35353 AWJ 65417 b

1to 0.30% of the value of all taxable  -----------------------
2property within the District
3as equalized or assessed by the           NO
4Department of Revenue?
5-------------------------------------------------------------
6    The foregoing limitations upon tax rates may be further
7increased or decreased under the referendum provisions of the
8General Revenue Law of Illinois.
9(Source: P.A. 86-346; 86-1194; 86-1253; 86-1475; 86-1480;
1087-712; 87-767; 87-895; 87-1189.)