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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 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Unified Fire Protection District. | |||||||||||||||||||
6 | Section 5. Purpose and creation. | |||||||||||||||||||
7 | (a) Purpose. The General Assembly finds the consolidation | |||||||||||||||||||
8 | of fire protection services on a regional basis provided by | |||||||||||||||||||
9 | fire departments throughout the State of Illinois to be an | |||||||||||||||||||
10 | economic benefit. Therefore, this Act establishes procedures | |||||||||||||||||||
11 | for the creation of Districts that encompass wider service | |||||||||||||||||||
12 | areas by combining existing fire departments and extending | |||||||||||||||||||
13 | service areas of these departments into under-served | |||||||||||||||||||
14 | geographic areas. It is the expressed intent of the General | |||||||||||||||||||
15 | Assembly that Regional Fire Protection Service Districts shall | |||||||||||||||||||
16 | achieve a net savings in the cost of providing fire protection | |||||||||||||||||||
17 | services, emergency medical services, and related services in | |||||||||||||||||||
18 | the expanded service area by reducing and eliminating costs | |||||||||||||||||||
19 | including, but not limited to, duplicative or excessive | |||||||||||||||||||
20 | administrative and operational services, equipment, | |||||||||||||||||||
21 | facilities, and capital expenditures, without a reduction in | |||||||||||||||||||
22 | the quality or level of these services. | |||||||||||||||||||
23 | (b) Creation. A Unified Fire Protection District may be |
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1 | formed by: | ||||||
2 | (1) Filing voter-initiated petitions for the purposes | ||||||
3 | of integrating existing service areas of contiguous units | ||||||
4 | of local government to achieve the purposes of this Act; or | ||||||
5 | (2) Entering into intergovernmental agreements made by | ||||||
6 | and among existing units of local government providing fire | ||||||
7 | protection services, provided that these agreements are | ||||||
8 | approved by a voter referendum if a petition for such | ||||||
9 | referendum is initiated by voters of any affected | ||||||
10 | individual unit of government in accordance with the | ||||||
11 | procedures of this Act.
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12 | Section 10. Definitions. The definitions in this Section | ||||||
13 | apply throughout this Act unless the context clearly requires | ||||||
14 | otherwise: | ||||||
15 | "Board" means the governing body of a Unified Fire | ||||||
16 | Protection District. | ||||||
17 | "Fire protection jurisdiction" means a fire protection | ||||||
18 | district, municipal fire department, or service organized | ||||||
19 | under Section 5-1056.1 of the Counties Code, Sections 195 and | ||||||
20 | 200 of the Illinois Township Code, Section 10-2.1 of the | ||||||
21 | Illinois Municipal Code, or the Illinois Fire Protection | ||||||
22 | District Act. | ||||||
23 | "Intergovernmental authority" means a Regional Fire | ||||||
24 | Protection Service Authority implemented pursuant to an | ||||||
25 | intergovernmental agreement. |
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1 | "Plan" means a plan developed by a Planning Committee or | ||||||
2 | the parties pursuant to a petition to create a district for a | ||||||
3 | particular geographic area. These plans shall cover the | ||||||
4 | financing of a District project or projects including, but not | ||||||
5 | limited to, specific capital projects, maintaining the quality | ||||||
6 | and level of fire operations and emergency service operations, | ||||||
7 | and the preservation and maintenance of existing or future | ||||||
8 | facilities. | ||||||
9 | "Property Tax" or "Tax" has the same meaning as the term | ||||||
10 | "Tax", as defined in Section 1-145 of the Property Tax Code. | ||||||
11 | "Regional Fire Protection Service Authority Plan" or | ||||||
12 | "Plan" means a plan to develop and finance a Regional Fire | ||||||
13 | Protection Service Authority project or projects, including, | ||||||
14 | but not limited to, specific capital projects, fire operations | ||||||
15 | and emergency service operations,
and preservation and | ||||||
16 | maintenance of existing or future facilities. | ||||||
17 | "Regional Fire Protection Service Planning Committee" or | ||||||
18 | "Planning Committee" means the advisory committee created | ||||||
19 | under Sections 4.01, 4.02 of the Fire Protection District Act | ||||||
20 | to facilitate the combination of fire protection services and | ||||||
21 | create "Districts" to achieve the purposes of this Act.
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22 | "Special mediator" shall be a member of the bar of the | ||||||
23 | State of Illinois or member of the faculty of an accredited law | ||||||
24 | school. A "special mediator" shall have practiced law for at | ||||||
25 | least 7 years and be knowledgeable about municipal, labor, | ||||||
26 | employment, and election law. A "special mediator" shall have |
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1 | strong mediation skills and the temperament and training to | ||||||
2 | listen well, facilitate communication, and assist with | ||||||
3 | negotiations. Special mediators shall have sufficient | ||||||
4 | experience and familiarity with municipal, labor, employment, | ||||||
5 | and election law to provide a credible evaluation and | ||||||
6 | assessment of relative positions. | ||||||
7 | "Unified Fire Protection District" or "District" means a | ||||||
8 | county, municipal corporation, fire protection district, | ||||||
9 | township, or unit of local government, as defined under the | ||||||
10 | meaning of Article VII, Section 1 of the Illinois State | ||||||
11 | Constitution, that has boundaries that are coextensive with 2 | ||||||
12 | or more adjacent fire protection jurisdictions and has been | ||||||
13 | created by either a referendum under this Act, or by agreement | ||||||
14 | under Article VII of Section 10 of the Illinois Constitution, | ||||||
15 | the Illinois Intergovernmental Cooperation Act, and the | ||||||
16 | provisions of this Act.
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17 | Section 15. Elections and referenda. If a referendum must | ||||||
18 | be submitted under this Act for approval or rejection by the | ||||||
19 | electors, the time and manner of conducting a referendum, | ||||||
20 | including petition signature requirements, shall be in | ||||||
21 | accordance with the general election law of the State. The | ||||||
22 | creation of any Unified Fire Protection District by referendum | ||||||
23 | shall be secured by an intergovernmental agreement that | ||||||
24 | includes terms that meet the standards set forth in Section 25 | ||||||
25 | of this Act. |
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1 | Section 20. Notice to the Office of the State Fire Marshal. | ||||||
2 | Whenever a county clerk or other election authority places upon | ||||||
3 | a ballot the question of creating or altering a District, or | ||||||
4 | upon recording of an Agreement creating a District, the clerk | ||||||
5 | or other election authority shall notify the Office of the | ||||||
6 | State Fire Marshal that the proposition is to be put before the | ||||||
7 | electorate or has been recorded, as appropriate. The notice | ||||||
8 | shall be sent to the Office of the State Fire Marshal within 10 | ||||||
9 | working days after the question is certified to the clerk or | ||||||
10 | other election authority, or the intergovernmental agreement | ||||||
11 | is recorded. | ||||||
12 | Section 25. Creation of a District by petition and | ||||||
13 | referendum.
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14 | (a) Petition. A Unified Fire Protection District may be | ||||||
15 | formed upon petition signed by the lesser of: (i) at least 100 | ||||||
16 | legal voters in each of the units of local government proposed | ||||||
17 | to be unified; or (ii) 10% of the legal voters in each of the | ||||||
18 | units of local government to be included in the Unified Fire | ||||||
19 | Protection District. The petition shall be filed in the circuit | ||||||
20 | court of county in which the greater part of the land of the | ||||||
21 | proposed Unified Fire Protection District shall be situated. | ||||||
22 | The petition shall set forth the names of the units of local | ||||||
23 | government proposed to be included, the name of the proposed | ||||||
24 | Unified Fire Protection District, the benefits of |
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1 | consolidating the units of local government within a Unified | ||||||
2 | Fire Protection District, and whether the trustees shall be | ||||||
3 | elected or appointed. Upon its filing, the petition shall be | ||||||
4 | presented to the court, and the court shall fix the date and | ||||||
5 | hour for a hearing.
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6 | (b) Notice of Hearing. Upon the filing of the petition, the | ||||||
7 | court shall set a hearing date that is at least 4 weeks, but | ||||||
8 | not more than 8 weeks, after the date the petition is filed. | ||||||
9 | The court, or the clerk or sheriff upon order of the court, | ||||||
10 | shall give notice 21 days before the hearing in one or more | ||||||
11 | daily or weekly newspapers of general circulation in each | ||||||
12 | county where an affected unit of local government is organized | ||||||
13 | and by posting at least 10 copies of the notice in conspicuous | ||||||
14 | places within the proposed District. The notice must describe | ||||||
15 | the units of local government to be included and shall state | ||||||
16 | that if the conditions required by this Section are met, then | ||||||
17 | the proposition for the creation of the District shall be | ||||||
18 | submitted to the voters of the units of local government in the | ||||||
19 | proposed District by order of the court. | ||||||
20 | (c) Hearing and referendum. To certify a question for | ||||||
21 | referendum, the court must find that: (i) based upon a | ||||||
22 | preponderance of the evidence, the representatives of each of | ||||||
23 | the parties to the proposed District has executed an | ||||||
24 | intergovernmental agreement that includes terms that are in | ||||||
25 | compliance with the requirement under subsection (d) of this | ||||||
26 | Section; and (ii) the terms of an agreed-upon intergovernmental |
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1 | agreement have been approved by the requisite governing bodies | ||||||
2 | of each of the units of local government and any collective | ||||||
3 | bargaining units involved. | ||||||
4 | At the hearing, the court shall first determine if the | ||||||
5 | petition is supported by the required number of valid | ||||||
6 | signatures of legal voters within the contiguous units of local | ||||||
7 | government. | ||||||
8 | (d) Joint Committee. If the petition is proper, then the | ||||||
9 | court shall remand the matter to a Special Mediator who shall | ||||||
10 | mediate the negotiations regarding the terms of an | ||||||
11 | intergovernmental agreement by the members of the Joint | ||||||
12 | Committee. The court shall appoint members of the Joint | ||||||
13 | Committee as follows:
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14 | (1) A representative of each unit of local government | ||||||
15 | included within the proposed service area of the proposed | ||||||
16 | District.
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17 | (2) A representative of each exclusive bargaining unit | ||||||
18 | that is a party to a collective bargaining agreement with a | ||||||
19 | fire protection jurisdiction within a unit of local | ||||||
20 | government included within the proposed District. | ||||||
21 | (3) A representative for the petitioners from each unit | ||||||
22 | of local government included within the proposed District, | ||||||
23 | chosen from among the legal voters that signed the | ||||||
24 | petition. | ||||||
25 | The Special Mediator shall be selected by the members of | ||||||
26 | the Joint Committee from a panel of 7 individuals selected by |
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1 | the Planning Committee. If the members fail to agree, the court | ||||||
2 | shall appoint the Special Mediator. | ||||||
3 | After selection, the Special Mediator shall schedule a | ||||||
4 | meeting of the Joint Committee and facilitate the members in | ||||||
5 | negotiating the terms of an intergovernmental agreement. | ||||||
6 | Negotiations may continue for a period of 90 days or, if the | ||||||
7 | court determines that additional time will facilitate | ||||||
8 | agreement, longer. | ||||||
9 | If no agreement is reached, the court shall dismiss the | ||||||
10 | petition. If an agreement is reached, the court shall schedule | ||||||
11 | an evidentiary hearing with notice to determine if the terms of | ||||||
12 | the agreement are in compliance with the requirements of | ||||||
13 | subsection (e) of this Section. | ||||||
14 | An agreement shall be executed by the authorized | ||||||
15 | representative of each party appointed to the Joint Committee | ||||||
16 | by the court for each unit of local government included in the | ||||||
17 | proposed District. If the agreement is executed by | ||||||
18 | representatives of at least 2 units of local government | ||||||
19 | included in the original petition, then the petition may | ||||||
20 | proceed provided that the agreement is executed by at least 2 | ||||||
21 | parties within 2 or more units of local government included in | ||||||
22 | the original petition. The units of local government that did | ||||||
23 | not consent to inclusion shall be dismissed, and an amended | ||||||
24 | petition on behalf of the consenting units shall be scheduled | ||||||
25 | for an evidentiary hearing. | ||||||
26 | The persons or entities, or their duly authorized |
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1 | representatives, that shall have standing to present evidence | ||||||
2 | at the hearing are the petitioners, the units of local | ||||||
3 | government that shall be included in the proposed District, and | ||||||
4 | representatives of each exclusive bargaining unit that is a | ||||||
5 | party to a collective bargaining unit with a fire protection | ||||||
6 | jurisdiction within a unit of local government included within | ||||||
7 | the proposed District. | ||||||
8 | If the court finds, by a preponderance of the evidence, | ||||||
9 | that the petition is supported by a proper intergovernmental | ||||||
10 | agreement, the court shall enter an order certifying the | ||||||
11 | proposition to the proper election officials, who shall submit | ||||||
12 | the question of the creation of the proposed District to the | ||||||
13 | legal voters of each included unit of local government at the | ||||||
14 | next election. Notice of the election shall be given and the | ||||||
15 | election conducted in the manner provided by the general | ||||||
16 | election law. The notice shall state the boundaries of the | ||||||
17 | proposed District. | ||||||
18 | The question shall be submitted in substantially the | ||||||
19 | following form: | ||||||
20 | Shall the service areas of (names of existing units of | ||||||
21 | local government to be combined) be combined to create the | ||||||
22 | (name of the Unified Fire Protection District)? | ||||||
23 | Responses shall be recorded as "Yes" or "No". | ||||||
24 | A written statement of the election results shall be filed | ||||||
25 | with the court. If, in each unit of local government included | ||||||
26 | within the boundaries of the Unified Fire Protection District, |
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1 | a majority of the voters voting on the question shall favor the | ||||||
2 | proposition, then the court shall issue an order stating that | ||||||
3 | the Unified District has been approved. | ||||||
4 | (e) Intergovernmental agreement; minimum standards of | ||||||
5 | service. The terms of the intergovernmental agreement shall | ||||||
6 | ensure that all of the following standards of service are met: | ||||||
7 | (1) The formation of the District shall result in no | ||||||
8 | net increase in the cost of fire protection services and | ||||||
9 | emergency medical services to each unit of local government | ||||||
10 | due to the reduction or elimination of
duplicative | ||||||
11 | administrative operational services, equipment, or capital | ||||||
12 | expenditures. A net increase in cost is permissible if the | ||||||
13 | members of the Joint Committee can demonstrate that an | ||||||
14 | increase in the cost to a participating unit of local | ||||||
15 | government is justified by a corresponding increase in the | ||||||
16 | quality of services provided to a participating unit of | ||||||
17 | local government under the terms of the intergovernmental | ||||||
18 | agreement. | ||||||
19 | (2) The formation of the District shall not increase | ||||||
20 | the average response times in any included unit of local | ||||||
21 | government.
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22 | (3) Districts shall have no independent ability to levy | ||||||
23 | taxes and shall rely on the fiscal support and | ||||||
24 | contributions from component fire protection | ||||||
25 | jurisdictions, as required under the terms of the | ||||||
26 | intergovernmental agreement. |
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1 | (4) The District shall apply savings in operating costs | ||||||
2 | as follows: A minimum of 50% of cost savings shall be | ||||||
3 | contributed, pro rata, to the Firemen's Pension Fund of | ||||||
4 | each included unit of local government as applicable. Those | ||||||
5 | contributions shall be applied as a credit to reduce the | ||||||
6 | unfunded accrued liability of the Fund, if one exists. If | ||||||
7 | no unfunded accrued liabilities exist, the savings in | ||||||
8 | operating costs shall be divided into equal amounts and | ||||||
9 | applied to reduce the contributions otherwise required by | ||||||
10 | the unit of government and its firefighter employees under | ||||||
11 | the Pension Code.
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12 | Section 30. Creation of a District by an intergovernmental | ||||||
13 | authority. The governing bodies of 2 or more adjacent fire | ||||||
14 | protection jurisdictions may commence and implement action to | ||||||
15 | adopt a proposed Plan pursuant to Section 10 of Article VII of | ||||||
16 | the Illinois Constitution and the Illinois Intergovernmental | ||||||
17 | Cooperation Act and create an Intergovernmental Authority.
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18 | (a) Notice. The governing body of a fire protection | ||||||
19 | jurisdiction seeking to implement and adopt a Plan under | ||||||
20 | Section 50 of this Act shall publish a written notice regarding | ||||||
21 | their intention to adopt a plan of and hold a public hearing.
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22 | If the fire protection jurisdiction is located entirely in | ||||||
23 | one county, the notice shall be published in an English | ||||||
24 | language newspaper of general circulation published in the fire | ||||||
25 | protection jurisdiction, or, if no such newspaper exists, then |
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1 | in an English language newspaper of general circulation | ||||||
2 | published in the county and having circulation in the fire | ||||||
3 | protection jurisdiction. | ||||||
4 | If the fire protection jurisdiction is located primarily in | ||||||
5 | one county but extends into smaller portions of adjoining | ||||||
6 | counties, the notice shall be published in a newspaper of | ||||||
7 | general circulation published in the Fire Protection | ||||||
8 | Jurisdiction, or, if no such newspaper exists, then in a | ||||||
9 | newspaper of general circulation published in each county in | ||||||
10 | which any part of the fire protection jurisdiction is located. | ||||||
11 | If the fire protection jurisdiction includes all or a large | ||||||
12 | portion of two or more counties, the notice shall be published | ||||||
13 | in a newspaper of general circulation published in each county | ||||||
14 | in which any part of the fire protection jurisdiction is | ||||||
15 | located.
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16 | The notice shall appear not more than 30 and no less than | ||||||
17 | 10 days prior to the date of the public hearing.
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18 | (b) All hearings shall be open to the public. The corporate | ||||||
19 | authority of each participating fire protection jurisdiction | ||||||
20 | shall explain the reasons for the proposed creation of an | ||||||
21 | Intergovernmental Authority and provide persons with an | ||||||
22 | opportunity to present testimony within reasonable time | ||||||
23 | limits, as determined by the corporate entities of the affected | ||||||
24 | fire protection jurisdictions.
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25 | (c) The Board of an Intergovernmental Authority created | ||||||
26 | under the provisions of this Section may, on its own initiative |
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1 | or upon receiving notice that a petition has been filed under | ||||||
2 | Section 25 of this Act, convert the Authority into a District | ||||||
3 | formed by petition, subject to
approval by the affected voters | ||||||
4 | in accordance with the procedures of this Act. | ||||||
5 | Section 35. Judicial Notice. All courts in this State shall | ||||||
6 | take judicial notice of the existence of any District organized | ||||||
7 | under this Act, and every such District shall constitute a body | ||||||
8 | corporate that may sue or be sued in all courts. | ||||||
9 | Section 40. Support. Notwithstanding any provision of this | ||||||
10 | Act, a Unified Fire Protection District, whether created by | ||||||
11 | petition or intergovernmental agreement, may receive | ||||||
12 | supplementary funding, fiscal support, or other revenue or | ||||||
13 | property consideration from the State, including the Office of | ||||||
14 | the State Fire Marshal, a county, or any other unit of local | ||||||
15 | government to defray the expenses of organizing a new Authority | ||||||
16 | or as may be deemed necessary or appropriate, and may be | ||||||
17 | appropriated by that entity to the Authority.
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18 | Section 45. Enforcement of an intergovernmental agreement. | ||||||
19 | In the event of a default, the District shall be authorized to | ||||||
20 | secure collection of promised contributions from the unit of | ||||||
21 | local government by intercepting: (1) monies deposited or to be | ||||||
22 | deposited into any special fund of the defaulting unit of local | ||||||
23 | government; or (2) grants or other revenues or taxes expected |
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1 | to be received by the unit of local government from the State | ||||||
2 | or Federal government, including taxes imposed by the | ||||||
3 | governmental unit pursuant to a grant of authority by the | ||||||
4 | State, such as sales or use taxes or utility taxes. | ||||||
5 | Any interception authorized under this Section by the | ||||||
6 | District shall be valid and binding from the time the | ||||||
7 | interception is made. The revenues, monies, and other funds | ||||||
8 | intercepted and to be intercepted by the District shall | ||||||
9 | immediately be subject to the District's lien. The lien shall | ||||||
10 | be valid and binding against all parties having claims of any | ||||||
11 | kind in tort, contract, or otherwise against the defaulting | ||||||
12 | unit of local government, irrespective of whether such parties | ||||||
13 | have notice. Under any such interception, a defaulting unit of | ||||||
14 | local government may bind itself to impose rates, charges, or | ||||||
15 | taxes to the fullest extent permitted by applicable law. Any | ||||||
16 | ordinance, resolution, trust agreement, or other instrument by | ||||||
17 | which a lien is created shall be filed in the records of the | ||||||
18 | District. | ||||||
19 | The State Treasurer, the State Comptroller, the Department | ||||||
20 | of Revenue, and the Department of Transportation shall deposit | ||||||
21 | or cause to be deposited any amount of grants or other revenues | ||||||
22 | or taxes expected to be received by the defaulting unit of | ||||||
23 | local government from that official or entity that has been | ||||||
24 | pledged to the defaulting unit of local government, directly | ||||||
25 | into a designated escrow account established by the District at | ||||||
26 | a trust company or bank having trust powers, unless otherwise |
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1 | prohibited by law. The ordinance authorizing that disposition | ||||||
2 | shall, within 10 days after adoption by the governing body of | ||||||
3 | the District, be filed with the official or entity with custody | ||||||
4 | of the garnished grants or other revenues or taxes. | ||||||
5 | Section 50. Planning committee; formation; powers. A | ||||||
6 | Planning Committee is an advisory entity that is created, | ||||||
7 | convened, and empowered as provided in this Section. | ||||||
8 | (a) Creation. Any 2 or more adjacent fire protection | ||||||
9 | jurisdictions may create a Planning Committee to discuss the | ||||||
10 | formation of a Regional Fire Protection Service Authority. A | ||||||
11 | Planning Committee may also be formed following the filing of a | ||||||
12 | petition that meets the requirements of Section 25 of this Act. | ||||||
13 | No fire protection jurisdiction may simultaneously participate | ||||||
14 | in more than one Planning Committee or Authority.
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15 | Each governing body of a participating fire protection | ||||||
16 | jurisdiction under this Section shall appoint two officials or | ||||||
17 | employees to the Planning Committee. Each exclusive | ||||||
18 | representative of any collective bargaining unit containing | ||||||
19 | fire department related employees of each affected fire | ||||||
20 | protection jurisdiction shall appoint 2 members or officials to | ||||||
21 | the Planning Committee. In a proposed District formed by | ||||||
22 | petition, the Planning Committee shall also include a | ||||||
23 | petitioner representative, a representative of each collective | ||||||
24 | bargaining unit containing fire department related employees | ||||||
25 | of each affected fire protection jurisdiction, and a |
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1 | representative from each affected fire protection | ||||||
2 | jurisdiction. Pursuant to subsection (d) of Section 25 of this | ||||||
3 | Act, any petitioner representative shall be selected from among | ||||||
4 | the electors signing the petition, as set forth in the | ||||||
5 | petition. Members of a Planning Committee may be reimbursed for | ||||||
6 | travel and incidental expenses at the discretion of the | ||||||
7 | governing body of each respective fire protection | ||||||
8 | jurisdiction.
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9 | (b) Funding. A Planning Committee may receive state | ||||||
10 | funding, as appropriated by the legislature or from the Office | ||||||
11 | of the State Fire Marshal or any affected fire protection | ||||||
12 | jurisdiction for initial funding to pay for salaries, expenses, | ||||||
13 | overhead, supplies, and similar expenses ordinarily and | ||||||
14 | necessarily incurred.
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15 | (c) A Planning Committee shall conduct its affairs and | ||||||
16 | formulate a Plan as provided under Section 55 of this Act.
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17 | (d) At its first meeting, a Planning Committee may elect | ||||||
18 | officers and provide for the adoption of rules and other | ||||||
19 | operating procedures.
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20 | (e) Dissolution. A Planning Committee may dissolve itself | ||||||
21 | at any time by a majority vote of the total membership of the | ||||||
22 | Planning Committee. Any participating fire protection | ||||||
23 | jurisdiction may withdraw upon 10 days written notice to all | ||||||
24 | other fire protection jurisdictions that are members of the | ||||||
25 | Planning Committee.
| ||||||
26 | (f) Planning Committees are subject to the requirements of |
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1 | the Illinois Open Meetings Act.
| ||||||
2 | Section 55. Planning Committee; duties; formulation of | ||||||
3 | plan.
| ||||||
4 | (a) A Planning Committee shall adopt a Plan providing for | ||||||
5 | the design, financing, and development of fire protection | ||||||
6 | services for the territory to comprise the new District. The | ||||||
7 | Planning Committee may coordinate its activities with | ||||||
8 | neighboring municipalities, fire protection districts, and | ||||||
9 | other local governments that engage in fire protection | ||||||
10 | planning. The Planning Committee may consider land use planning | ||||||
11 | criteria and the input of local government officials located | ||||||
12 | within, or partially within, a participating fire protection | ||||||
13 | jurisdiction. | ||||||
14 | (b) The Planning Committee shall:
| ||||||
15 | (1) create opportunities for public input in the | ||||||
16 | development of the Plan; and | ||||||
17 | (2) adopt a Plan proposing the creation of a District | ||||||
18 | and recommending design, financing, and development of | ||||||
19 | fire protection and emergency service facilities and | ||||||
20 | operations, including maintenance and preservation of | ||||||
21 | facilities or systems which may include the provision of | ||||||
22 | ambulance and other fire department related services. The | ||||||
23 | Plan shall identify the existing levels of fire department | ||||||
24 | emergency services as measured by nationally acceptable | ||||||
25 | practices. It shall ensure that, absent an increase in the |
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1 | level of services to be provided to the territory of the | ||||||
2 | proposed District, no net increase in cost of services | ||||||
3 | shall occur. The Plan shall also provide that the average | ||||||
4 | emergency services response times in the District shall not | ||||||
5 | be increased compared with those of each affected fire | ||||||
6 | protection jurisdiction; | ||||||
7 | (3) Adopt, as part of the Plan, recommended and | ||||||
8 | identified resources and assets to be available to the | ||||||
9 | District from prospective contributing or component fire | ||||||
10 | protection jurisdictions, or other sources; | ||||||
11 | (4) Adopt, as part of the Plan, recommended and | ||||||
12 | identified obligations and liabilities to be assumed by the | ||||||
13 | District from prospective contributing or component
fire | ||||||
14 | protection jurisdictions, or to be retained by the | ||||||
15 | prospective contributing or component fire protection | ||||||
16 | jurisdictions; | ||||||
17 | (5) Adopt, as part of the Plan, a recommended timeline | ||||||
18 | for establishing common and uniform operating procedures, | ||||||
19 | standards, and guidelines, as well as rules and policies, | ||||||
20 | to be applicable to the District upon approval by the | ||||||
21 | District or Authority Board subsequent to its activation as | ||||||
22 | a viable entity; | ||||||
23 | (6) Recommend sources of revenue authorized by Section | ||||||
24 | 60 of this Act and undertake financial and budgeting | ||||||
25 | processes to fund selected fire protection service | ||||||
26 | projects. The Plan shall include amendment, termination, |
| |||||||
| |||||||
1 | and enforcement provisions, specifically to include breach | ||||||
2 | or default in the payment and funding provisions of the | ||||||
3 | Plan and the penalties for such a breach, as well as the | ||||||
4 | means to enforce the provisions of the Plan by the affected | ||||||
5 | fire protection jurisdictions; | ||||||
6 | (7) Identify the composition of the Board and the | ||||||
7 | relative representation of each fire protection | ||||||
8 | jurisdiction on the Board; and
| ||||||
9 | (8) Determine whether to seek a voter-approved Plan for | ||||||
10 | any non-elector initiated Authority the decision whether | ||||||
11 | to seek an elector-approved District in accordance with | ||||||
12 | Section 25 of this Act or an Intergovernmental Authority in | ||||||
13 | accordance with Section 30 of this Act.
| ||||||
14 | (9) Once adopted, the Plan must be forwarded to the | ||||||
15 | participating fire protection jurisdictions' governing | ||||||
16 | bodies for their approval, and, if approved by all affected | ||||||
17 | fire protection jurisdictions, to either initiate the | ||||||
18 | election process of general election law under Section 25 | ||||||
19 | of this Act, or for implementation by intergovernmental | ||||||
20 | agreement under Section 30 of this Act.
| ||||||
21 | (10) For elector-approved Plans initiated by the fire | ||||||
22 | protection jurisdictions, if the ballot measure to adopt | ||||||
23 | the Plan is not approved by the voters, the Planning | ||||||
24 | Committee may reconvene to redefine the scope and purpose | ||||||
25 | of the District, its projects, financing plan, and the | ||||||
26 | ballot measure. The governing bodies of the member fire |
| |||||||
| |||||||
1 | protection jurisdictions may approve a new Plan and ballot | ||||||
2 | measure, and may then submit the revised proposition to the | ||||||
3 | voters at a subsequent regular election. Alternatively, | ||||||
4 | the Plan may be approved and implemented under provisions | ||||||
5 | creating an Intergovernmental Authority pursuant to | ||||||
6 | Section 30 of this Act.
| ||||||
7 | Section 60. Unified Fire Protection District; initial | ||||||
8 | startup.
| ||||||
9 | (a) A District formed by voter petition in accordance with | ||||||
10 | Section 25, or as otherwise provided in this Act, shall | ||||||
11 | commence operations no later than 90 days after the date of the | ||||||
12 | election and shall operate for the purposes set forth in the | ||||||
13 | Plan.
An Intergovernmental Authority comprised of governing | ||||||
14 | bodies of 2 or more fire protection jurisdictions shall be | ||||||
15 | considered to be formed upon approval of the governing bodies | ||||||
16 | of each member fire protection jurisdiction. The | ||||||
17 | Intergovernmental Authority shall commence operations on the | ||||||
18 | date identified in the Plan. | ||||||
19 | (b) Governing board. The District shall be governed by a | ||||||
20 | Board of 5 trustees. The Board shall elect a Chairperson from | ||||||
21 | among its members, who shall vote only in the case of a tie. | ||||||
22 | If a District is wholly contained within a single county, | ||||||
23 | the trustees for the District shall be appointed by the chief | ||||||
24 | executive officer of the county board with the advice and | ||||||
25 | consent of the county board. If the District lies within more |
| |||||||
| |||||||
1 | than one county, the number of trustees who are residents of a | ||||||
2 | county shall be in proportion, as nearly as practicable, to the | ||||||
3 | number of residents of the District who reside in that county | ||||||
4 | in relation to the total population of the District, unless the | ||||||
5 | District has voted by referendum to elect the trustees. | ||||||
6 | Thereafter, each trustee shall be succeeded by a resident of | ||||||
7 | the same county who shall be appointed by the same appointing | ||||||
8 | authority. The appropriate appointing authorities shall | ||||||
9 | appoint 5 trustees of the District within 60 days after the | ||||||
10 | entry of the order establishing the District. The trustees | ||||||
11 | shall be electors in the District, provided that the Board | ||||||
12 | shall consist of a trustee representing each unit of local | ||||||
13 | government included in the District. The trustees shall hold | ||||||
14 | such terms of offices and shall have the powers and | ||||||
15 | qualifications that are provided for trustees under Section 4 | ||||||
16 | of the Fire Protection District Act. | ||||||
17 | In the event of a conflict between the terms of the | ||||||
18 | intergovernmental agreement and the powers of the trustees | ||||||
19 | otherwise provided by law, the terms of the intergovernmental | ||||||
20 | agreement shall prevail and supersede. | ||||||
21 | (c) Powers and duties. The District shall have the power, | ||||||
22 | duties, and obligations of a fire protection district as | ||||||
23 | otherwise provided under this Act, except as modified or | ||||||
24 | limited by the provisions of this Section. The District shall | ||||||
25 | develop a budget funded at a level sufficient to ensure that | ||||||
26 | the quality of service provided to the residents of the service |
| |||||||
| |||||||
1 | area within the boundary of the included units of local | ||||||
2 | government continues at a level equal to or greater than those | ||||||
3 | provided prior to the modification. | ||||||
4 | (d) Local fire departments. The establishment of a District | ||||||
5 | as a separate named unit of local government shall not prevent | ||||||
6 | the units of local government within it from identifying their | ||||||
7 | historical fire departments with the names of their localities. | ||||||
8 | In that event, local fire departments shall be described as | ||||||
9 | [local name] Branch of the [name of the District].
| ||||||
10 | (e) Single chain of command. Upon the formation of a | ||||||
11 | District under either Section 25 or 30 of this Act, the fire | ||||||
12 | departments of the participating units of local government | ||||||
13 | shall be operated under a single chain of command under the | ||||||
14 | leadership of one fire chief appointed by the Board of the | ||||||
15 | District. Chiefs and subordinate chief officers who are | ||||||
16 | redundant under the single chain of command, or consolidated | ||||||
17 | shifts established by the Board, shall be eligible to apply for | ||||||
18 | vacancies in positions that may be established under the terms | ||||||
19 | of the intergovernmental agreement entered into by the parties, | ||||||
20 | provided that the positions shall not be available to any | ||||||
21 | person who is already retired and receiving benefits under | ||||||
22 | Article 4 of the Illinois Pension Code. These positions | ||||||
23 | include, but are not limited to, training officer, EMS | ||||||
24 | coordinator, fire inspector, or company officer. Any proposed | ||||||
25 | reduction to a bargaining unit position resulting from the | ||||||
26 | abolishment of a non-bargaining unit position shall be subject |
| |||||||
| |||||||
1 | to compliance with the bargaining rights of any affected | ||||||
2 | collective bargaining representative. | ||||||
3 | Upon taking office, the fire chief of the District shall | ||||||
4 | command all shifts covering the unified service area of the | ||||||
5 | units of local government included in the District. The | ||||||
6 | District shall become a body politic and corporate with all the | ||||||
7 | powers, rights, duties, and obligations vested in it under the | ||||||
8 | terms of the intergovernmental agreement and as otherwise | ||||||
9 | provided under the provisions of this Act.
| ||||||
10 | (f) Upon the organization of the District, the duties of | ||||||
11 | each included unit of local government relating to the | ||||||
12 | operation of a fire department and emergency medical services | ||||||
13 | within the boundaries of the District shall be transferred to | ||||||
14 | the Board of the District to be exercised according to the | ||||||
15 | terms of the intergovernmental agreement and as otherwise | ||||||
16 | provided under the provisions of this Act. | ||||||
17 | (g) Unless otherwise agreed upon, all firefighters and EMS | ||||||
18 | personnel lawfully in the employment of any unit of local | ||||||
19 | government included in the District shall remain members of the | ||||||
20 | fire departments that they were serving on the effective date | ||||||
21 | of this amendatory Act of the 98th General Assembly, but shall | ||||||
22 | be subject to the unified chain of command established under | ||||||
23 | the Board. | ||||||
24 | A District consisting of any fire department that employs | ||||||
25 | full-time officers or members shall be subject to Sections | ||||||
26 | 16.01 through 16.18 of the Fire Protection District Act unless |
| |||||||
| |||||||
1 | the terms of the intergovernmental agreement agreed to by the | ||||||
2 | units of local government and the exclusive bargaining agents | ||||||
3 | representing employees engaged in providing fire protection or | ||||||
4 | emergency medical services within the service area of the | ||||||
5 | District provides otherwise.
| ||||||
6 | (h) Contracts in effect between an exclusive bargaining | ||||||
7 | agent and a unit of local government shall continue according | ||||||
8 | to their terms. Successor contracts shall be negotiated in | ||||||
9 | accordance with the provisions of the Illinois Public Labor | ||||||
10 | Relations Act. Upon agreement of any 2 or more units of local | ||||||
11 | government and corresponding exclusive bargaining | ||||||
12 | representatives, and approval of that agreement by a majority | ||||||
13 | of the members of each respective bargaining unit, any 2 or | ||||||
14 | more bargaining units may be consolidated into a single | ||||||
15 | bargaining unit.
| ||||||
16 | (i) Any unit of local government that is included in a | ||||||
17 | District shall be exempt from any reduction in the formula for | ||||||
18 | distribution
of income tax revenues under Section 901 of the | ||||||
19 | Illinois Income Tax Act and personal property replacement tax | ||||||
20 | revenues under subsection (c) of Section 201 of the Illinois | ||||||
21 | Income Tax Act collected from local taxpayers by State agencies | ||||||
22 | and redistributed to the units of local government based on the | ||||||
23 | formula and laws in effect as of the effective date of this | ||||||
24 | amendatory Act of the 98th General Assembly. | ||||||
25 | A District shall be eligible to receive the distribution of | ||||||
26 | income tax revenues collected from local taxpayers according to |
| |||||||
| |||||||
1 | the same formula applicable to municipalities. | ||||||
2 | Section 65. Levy of taxes; limitations; indebtedness.
| ||||||
3 | (a) To carry out the purposes for which a District is | ||||||
4 | created, a District Board is empowered to take all actions | ||||||
5 | authorized by law and authorized under this Act for the purpose | ||||||
6 | of enforcing payment of any and all contributions and payments | ||||||
7 | required under the terms of an intergovernmental agreement | ||||||
8 | executed under the provisions of this Act. | ||||||
9 | (b) The inclusion of any unit of local government into a | ||||||
10 | District shall not affect the obligation of any contract | ||||||
11 | entered into by the unit of local government unless otherwise | ||||||
12 | agreed upon in the intergovernmental agreement. Such contracts | ||||||
13 | shall remain the obligation of the unit of local government | ||||||
14 | that incurred the obligation.
| ||||||
15 | The inclusion of units of local government shall not | ||||||
16 | adversely affect proceedings for the collection or enforcement | ||||||
17 | of any tax. The proceedings shall continue to finality as if no | ||||||
18 | inclusion had taken place. The proceeds thereof shall be paid | ||||||
19 | to the treasurer of the unit of local government, subject to | ||||||
20 | the terms of the intergovernmental agreement, to be used for | ||||||
21 | the purpose for which the tax was levied or assessed.
| ||||||
22 | All suits pending in any court on behalf of or against any | ||||||
23 | unit of local government relating to the provision of fire or | ||||||
24 | emergency medical services on the date that the unit of local | ||||||
25 | government is joined into a District under this Act may be |
| |||||||
| |||||||
1 | prosecuted or defended in the name of the unit of local | ||||||
2 | government unless otherwise provided in the intergovernmental | ||||||
3 | agreement. All judgments obtained for
any unit of local | ||||||
4 | government joined into a District shall be collected and | ||||||
5 | enforced by the District for its benefit unless otherwise | ||||||
6 | provided in the intergovernmental agreement.
| ||||||
7 | The title to all property of a unit of local government | ||||||
8 | related to providing fire or emergency medical services in the | ||||||
9 | District that is transferred to the District under the terms of | ||||||
10 | the intergovernmental agreement shall remain vested in the unit | ||||||
11 | of local government to be held for the same purposes and uses, | ||||||
12 | and subject to the same conditions as before inclusion.
| ||||||
13 | (c) Exclusivity. Any intergovernmental contracts otherwise | ||||||
14 | authorized by law that relate to the combination of contracts | ||||||
15 | or the integration of service areas where fire protection or | ||||||
16 | emergency medical services are performed shall be entered into | ||||||
17 | exclusively by referendum in accordance with this Section.
| ||||||
18 | Section 70. Petition to dissolve a District; referendum. | ||||||
19 | The Board of a District may certify and submit the question of | ||||||
20 | dissolution of the District to the electors of the District. | ||||||
21 | The Board may draft a ballot title, give notice as required by | ||||||
22 | the general election law, and perform other duties as required | ||||||
23 | to put the question before the voters of the District for their | ||||||
24 | approval or rejection as a single ballot measure. The | ||||||
25 | electorate consists of the voters voting within the boundaries |
| |||||||
| |||||||
1 | of the existing District. A simple majority of the registered | ||||||
2 | voters voting on the single ballot measure is required to | ||||||
3 | approve dissolution of the petitioned District. The District | ||||||
4 | shall act in accordance with general election law. The District | ||||||
5 | seeking dissolution is liable for its proportionate share of | ||||||
6 | the costs of the election.
| ||||||
7 | The question shall be in substantially the following form:
- | ||||||
8 | --------------------------- | ||||||
9 | For dissolution of the | ||||||
10 | .........Regional Fire | ||||||
11 | Protection Service Authority. - | ||||||
12 | --------------------------- | ||||||
13 | Against dissolution of the | ||||||
14 | .........Regional Fire | ||||||
15 | Protection Service Authority. - | ||||||
16 | --------------------------- | ||||||
17 | Votes shall be recorded as "Yes" or "No". If a majority of | ||||||
18 | the votes cast are in favor of the dissolution, the assets, | ||||||
19 | liabilities, obligations, and personnel assigned or belonging | ||||||
20 | to the District shall revert to the component fire protection | ||||||
21 | jurisdictions comprising or contributing to the District, | ||||||
22 | proportional to each fire protection jurisdiction's | ||||||
23 | contribution. All such transfers and reassignments shall be | ||||||
24 | made in an expeditious and timely manner, and no longer than | ||||||
25 | 120 days after the date upon which the District dissolution | ||||||
26 | vote was certified by local election authorities.
|
| |||||||
| |||||||
1 | Unlike an Intergovernmental Authority, which may convert | ||||||
2 | to an elector-approved authority as provided in Section 30 of | ||||||
3 | this Act, an elector-approved District may not convert to an | ||||||
4 | Intergovernmental Authority, its recourse being dissolution | ||||||
5 | rather than conversion.
| ||||||
6 | Section 75. Intergovernmental Authority and District; | ||||||
7 | dissolution.
| ||||||
8 | A District created by an intergovernmental agreement under | ||||||
9 | Section 30 may be dissolved upon consent of the component fire | ||||||
10 | protection jurisdictions comprising or contributing to the | ||||||
11 | District.
| ||||||
12 | The board of the District seeking dissolution shall publish | ||||||
13 | a written notice of and hold a public hearing on its intention | ||||||
14 | to dissolve the District.
If the District is located entirely | ||||||
15 | in one county, the notice shall be published in an English | ||||||
16 | language newspaper of general circulation published in the | ||||||
17 | District, or, if there is no such newspaper, in an English | ||||||
18 | language newspaper of general circulation published in the | ||||||
19 | county and having circulation in the District. If the District | ||||||
20 | is located primarily in one county but extends into smaller | ||||||
21 | portions of adjoining counties, the notice shall be published | ||||||
22 | in a newspaper of general circulation published in the | ||||||
23 | District, or, if there is no such newspaper, in a newspaper of | ||||||
24 | general circulation published in each county in which any part | ||||||
25 | of the District is located. If the District includes all or a |
| |||||||
| |||||||
1 | large portion of two or more counties, the notice shall be | ||||||
2 | published in a newspaper of general circulation published in | ||||||
3 | each county in which any part of the District is located. The | ||||||
4 | notice shall appear not more than 30 and no less than 10 days | ||||||
5 | prior to the date of the public hearing. | ||||||
6 | All hearings shall be open to the public. The Board shall | ||||||
7 | explain the reasons for the proposed dissolution of the | ||||||
8 | District and shall permit persons an opportunity to present | ||||||
9 | testimony within reasonable time limits as the Board | ||||||
10 | determines.
| ||||||
11 | A simple majority of votes the District is required for | ||||||
12 | dissolution of the District.
| ||||||
13 | Upon approval of dissolution of a District, the assets, | ||||||
14 | liabilities, obligations, and personnel assigned or belonging | ||||||
15 | to the District shall revert to the component fire protection | ||||||
16 | jurisdictions comprising or contributing to the District, in | ||||||
17 | proportion to each fire protection jurisdiction's | ||||||
18 | contribution. All such transfers and reassignments shall be | ||||||
19 | made in an expeditious and timely manner, but no longer than | ||||||
20 | 120 days after the date upon which the District dissolution | ||||||
21 | vote was affirmed by the District Board.
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|