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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 | | Regional Fire Protection Agency Act. |
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 Regional Fire Protection Agencies that |
12 | | encompass wider service areas by combining existing fire |
13 | | departments and extending service areas of these departments |
14 | | into under-served geographic areas. It is the expressed intent |
15 | | of the General Assembly that Regional Fire Protection Agencies |
16 | | shall achieve a net savings in the cost of providing fire |
17 | | protection services, emergency medical services, and related |
18 | | services in the expanded service area by reducing and |
19 | | eliminating costs including, but not limited to, duplicative or |
20 | | excessive 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 Regional Fire Protection Agency may be |
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1 | | formed by filing voter-initiated petitions for the purposes of |
2 | | integrating existing service areas of contiguous units of local |
3 | | government providing fire protection services to achieve the |
4 | | purposes of this Act. |
5 | | Section 7. Application. |
6 | | This Act does not apply to any unit of local government |
7 | | that has entered into a consolidation agreement with one or |
8 | | more units of local government that includes the consolidation |
9 | | of the delivery of fire protection or emergency medical |
10 | | services under a single chain of command. Additionally, this |
11 | | Act does not apply to any unit of local government that has |
12 | | adopted a resolution declaring the intent to consolidate the |
13 | | delivery of fire protection or emergency medical services under |
14 | | a single chain of command with one or more units of local |
15 | | government. The resolution shall exempt the local government |
16 | | from the provisions of this Act for one year following its |
17 | | passage. The existence of an automatic aid agreement or mutual |
18 | | aid agreements does not constitute a consolidation for the |
19 | | purposes of this Section. |
20 | | Section 10. Definitions. The definitions in this Section |
21 | | apply throughout this Act unless the context clearly requires |
22 | | otherwise: |
23 | | "Board" means the governing body of a Regional Fire |
24 | | Protection Agency. |
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1 | | "Fire protection jurisdiction" means a fire protection |
2 | | district, municipal fire department, or service organized |
3 | | under Section 5-1056.1 of the Counties Code, Sections 195 and |
4 | | 200 of the Illinois Township Code, Section 10-2.1 of the |
5 | | Illinois Municipal Code, or the Illinois Fire Protection |
6 | | District Act. |
7 | | "Joint Committee" means the group consisting of the parties |
8 | | appointed by the court in accordance with the procedures of |
9 | | this Act after a petition has been filed to create a Regional |
10 | | Fire Protection Agency. The Joint Committee meets for the |
11 | | limited purpose of negotiating the terms of an |
12 | | intergovernmental agreement to create and implement a Regional |
13 | | Fire Protection Agency. |
14 | | "Property Tax" or "Tax" has the same meaning as the term |
15 | | "Tax", as defined in Section 1-145 of the Property Tax Code. |
16 | | "Regional Fire Protection Agency" or "Agency" means a fire |
17 | | protection organization formed pursuant to this Act that |
18 | | combines 2 or more units of local government with a unified |
19 | | command and operations
that has boundaries that are coextensive |
20 | | with 2
or more adjacent units of local government and has been
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21 | | created by a referendum under this Act.
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22 | | "Special Mediator" means an individual who possesses the |
23 | | qualifications specified in this Act and shall facilitate the |
24 | | negotiation of an intergovernmental agreement to create a |
25 | | Regional Fire Protection Agency.
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1 | | Section 15. Elections and referenda. When a referendum is |
2 | | submitted under this Act for approval or rejection by the |
3 | | electors, the time and manner of conducting a referendum, |
4 | | including petition signature requirements, shall be in |
5 | | accordance with the general election law of the State. The |
6 | | creation of any Regional Fire Protection Agency by referendum |
7 | | shall be secured by an intergovernmental agreement that
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8 | | includes terms that meet the standards set forth in Section 25
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9 | | of this Act.
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10 | | Section 20. Notice to the Office of the State Fire Marshal. |
11 | | The Office of the State Fire Marshal shall be served notice |
12 | | as to any plans of 2 or more units of local government to |
13 | | combine fire protection or emergency medical services, or both, |
14 | | as follows: |
15 | | (1) Whenever a county clerk or other election authority |
16 | | places upon a ballot the question of creating or altering |
17 | | an Agency or fire protection jurisdiction, the clerk or |
18 | | other election authority shall notify the Office of the |
19 | | State Fire Marshal that the proposition is to be put before |
20 | | the electorate. The notice shall be sent to the Office of |
21 | | the State Fire Marshal within 10 business days after the |
22 | | question is certified to the clerk or other election |
23 | | authority. |
24 | | (2) Whenever the governing bodies of 2 or more adjacent |
25 | | fire protection jurisdictions conduct a public hearing to |
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1 | | consider a plan to combine 2 or more fire protection |
2 | | jurisdiction service areas by intergovernmental agreement, |
3 | | the clerk of each unit of local government to be party to |
4 | | such an intergovernmental agreement shall notify the |
5 | | Office of the State Fire Marshal that the units of local |
6 | | government are considering such a plan. The notice shall be |
7 | | sent to the Office of the State Fire Marshal within 10 |
8 | | business days after notice of the meeting is published. |
9 | | (3) Whenever the governing bodies of 2 or more adjacent |
10 | | fire protection jurisdictions enter into an agreement to |
11 | | combine 2 or more fire protection jurisdiction service |
12 | | areas by intergovernmental agreement, the clerk of each |
13 | | unit of local government to be party to such an |
14 | | intergovernmental agreement shall notify the Office of the |
15 | | State Fire Marshal that the units of local government have |
16 | | entered into the intergovernmental agreement. The notice |
17 | | shall be sent to the Office of the State Fire Marshal |
18 | | within 10 business days after notice of the meeting is |
19 | | published. |
20 | | Section 25. Creation of an Agency by petition and |
21 | | referendum.
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22 | | (a) Petition. A Regional Fire Protection Agency may |
23 | | exclusively be formed upon petition signed by the lesser of: |
24 | | (i) at least 8% of the total votes cast for candidates for |
25 | | Governor in the preceding gubernatorial election in each of the |
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1 | | units of local governments included in the Regional Fire |
2 | | Protection Agency; or (ii) at least 500 legal voters in each of |
3 | | the units of local government to be included in the Regional |
4 | | Fire Protection Agency. The petition shall be filed in the |
5 | | circuit court of the county in which the greater part of the |
6 | | land of the proposed Regional Fire Protection Agency shall be |
7 | | situated. The petition shall set forth the names of the units |
8 | | of local government proposed to be included, the name of the |
9 | | proposed Regional Fire Protection Agency, the benefits of |
10 | | consolidating the units of local government within a Regional |
11 | | Fire Protection Agency, the names of the representatives of the |
12 | | petitioners from each unit of local government who shall be |
13 | | authorized to serve on the Joint Committee, and up to 3 |
14 | | alternate representatives from each unit of local government in |
15 | | the event a designated representative ceases to be an elector |
16 | | of their jurisdiction or resigns from the Joint Committee. Upon |
17 | | its filing, the petition shall be presented to the court, and |
18 | | the court shall fix the date and hour for a hearing.
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19 | | (b) Notice of Hearing. Upon the filing of the petition, the |
20 | | court shall set a hearing date that is at least 4 weeks, but |
21 | | not more than 8 weeks, after the date the petition is filed. |
22 | | The court, clerk, petitioner's counsel, or sheriff shall, upon |
23 | | order of the court, give notice 21 days before the hearing in |
24 | | one or more daily or weekly newspapers of general circulation |
25 | | in each county where an affected unit of local government is |
26 | | organized. The notice must describe the units of local |
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1 | | government to be included and shall state that if the |
2 | | conditions required by this Section are met, then the |
3 | | proposition for the creation of the Agency shall be submitted |
4 | | to the voters of the units of local government in the proposed |
5 | | Agency by order of the court. |
6 | | (c) Hearing and referendum. At the hearing, the court shall |
7 | | first determine whether the petition is supported by the |
8 | | required number of valid signatures of legal voters within the |
9 | | contiguous units of local government. If the petition is |
10 | | proper, then the court shall remand the matter to a Special |
11 | | Mediator who shall mediate the negotiations regarding the terms |
12 | | of an intergovernmental agreement by the members of the Joint |
13 | | Committee as provided in subsection (d) of this Section. The |
14 | | Special Mediator shall be a member of the bar of the State of |
15 | | Illinois or a member of the faculty of an accredited law |
16 | | school. The Special Mediator shall have practiced law for at |
17 | | least 7 years and be knowledgeable about municipal, labor, |
18 | | employment, and election law. The Special Mediator shall be |
19 | | free of any conflicts of interest. The Special Mediator shall |
20 | | have strong mediation skills and the temperament and training |
21 | | to listen well, facilitate communication, and assist with |
22 | | negotiations. Special Mediators shall have sufficient |
23 | | experience and familiarity with municipal, labor, employment, |
24 | | and election law to provide a credible evaluation and |
25 | | assessment of relative positions. The Special Mediator |
26 | | assigned to mediate the Joint Committee's negotiations shall be |
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1 | | selected by the members of the Joint Committee from a panel of |
2 | | 7 individuals provided by the Joint Labor Management Committee, |
3 | | as it is defined in Section 50 of the Fire Department Promotion |
4 | | Act. The panel shall be randomly selected by the Joint Labor |
5 | | Management Committee from a master list maintained by the Joint |
6 | | Labor Management Committee consisting of at least 14 qualified |
7 | | Special Mediators. If the members fail to agree, the court |
8 | | shall appoint the Special Mediator. The Joint Committee may |
9 | | elect to conduct negotiations without the assistance of the |
10 | | Special Mediator upon a majority vote of the Joint Committee. |
11 | | To certify a question for referendum, the court must find that: |
12 | | (i) based upon a preponderance of the evidence, at least 2 of |
13 | | the 3 Joint Committee representatives appointed by the court |
14 | | for each unit of local government included in the proposed |
15 | | Agency have executed an intergovernmental agreement that |
16 | | includes terms that are in compliance with the requirements |
17 | | under subsection (d) of this Section; (ii) the terms of an |
18 | | agreed-upon intergovernmental agreement have been approved by |
19 | | the requisite governing bodies of each of the units of local |
20 | | government; and (iii) should the terms of an agreed-upon |
21 | | intergovernmental agreement change the terms of the collective |
22 | | bargaining agreement for a bargaining unit of employees of any |
23 | | local unit of government of the proposed Regional Fire |
24 | | Protection Agency, any affected collective bargaining units |
25 | | must also approve all such changes in the terms of the |
26 | | collective bargaining agreement. |
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1 | | (d) Joint Committee. The court shall allow appointments to |
2 | | the Joint Committee as follows:
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3 | | (1) A representative of each unit of local government |
4 | | included within the proposed service area of the proposed |
5 | | Agency.
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6 | | (2) A representative of each collective bargaining |
7 | | unit that is a party to a collective bargaining agreement |
8 | | with a unit of local government to provide fire suppression |
9 | | or emergency medical services, or both, included within the |
10 | | proposed Agency. |
11 | | (3) A representative for the petitioners from each unit |
12 | | of local government included within the proposed Agency, as |
13 | | designated by the petition, or, if none are designated or |
14 | | willing to serve, then chosen by the court from among the |
15 | | legal voters that signed the petition. |
16 | | (e) Joint Committee Negotiations. After remand, the |
17 | | Special Mediator shall schedule a meeting of the Joint |
18 | | Committee and facilitate the members in negotiating the terms |
19 | | of an intergovernmental agreement. The first order of business |
20 | | shall be to establish a financial baseline for the current |
21 | | costs of fire and emergency medical services provided by the |
22 | | units of local government party to the Joint Committee. To this |
23 | | end, each unit of local government party to the Joint Committee |
24 | | shall disclose to the Joint Committee the total aggregate |
25 | | expenditures it allocates for providing all fire, rescue, and |
26 | | emergency medical services. These expenditures shall include, |
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1 | | but are not limited to, the following cost factors: (i) all |
2 | | expenses from the corporate fund and other operational funds |
3 | | related to fire protection services, whether direct or |
4 | | indirect, for the current fiscal year; and (ii) all costs, |
5 | | whether direct or indirect, paid from other funds, including, |
6 | | but not limited to, capital or building funds, pension funds, |
7 | | workers' compensation funds, health insurance funds, |
8 | | enterprise funds, administrative funds, and all other funds |
9 | | from which money is, or may be, paid or transferred to pay for |
10 | | the administration and compensation or benefits for employees |
11 | | or persons assigned to provide fire or emergency medical |
12 | | services or related services, equipment, and buildings and |
13 | | their maintenance or operation and debt service for any |
14 | | expenditures related to these or related cost factors. |
15 | | The Special Mediator or the court, or both if necessary, |
16 | | shall facilitate the computation and production of this |
17 | | financial baseline unless the Joint Committee elects to conduct |
18 | | negotiations without the assistance of the Special Mediator. |
19 | | The financial baseline shall serve as the predicate to: (i) the |
20 | | annual contributions to be made by each unit of local |
21 | | government to the costs of providing fire and emergency medical |
22 | | services to the service area established for the proposed |
23 | | Regional Fire Protection Agency; and (ii) for the court's |
24 | | findings pursuant to subsection (f) of this Section. |
25 | | The Joint Committee may take note or give due consideration |
26 | | to available resources, studies, and plans that may facilitate |
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1 | | the resolution of issues relating to the terms of an agreement. |
2 | | Negotiations may continue for a period of 90 days or, if the |
3 | | court determines that additional time will facilitate |
4 | | agreement, longer. |
5 | | If no agreement is reached, the court shall dismiss the |
6 | | petition. If an agreement is reached, the court shall schedule |
7 | | an evidentiary hearing with notice to determine if the terms of |
8 | | the agreement are in compliance with the requirements of |
9 | | subsection (f) of this Section. The expenses of the Special |
10 | | Mediator shall be apportioned equally among the included units |
11 | | of local government unless the parties agree otherwise in the |
12 | | intergovernmental agreement. |
13 | | If the intergovernmental agreement has been approved by the |
14 | | governing bodies of at least 2 units of local government |
15 | | included in the original petition, then the petition may |
16 | | proceed, provided that the agreement is also executed by at |
17 | | least 2 of 3 Joint Committee representatives from each affected |
18 | | unit of local government included in the original petition. The |
19 | | units of local government that did not consent to inclusion |
20 | | shall be dismissed, and an amended petition on behalf of the |
21 | | consenting units of local government shall be scheduled for an |
22 | | evidentiary hearing. |
23 | | The persons or entities, or their duly authorized |
24 | | representatives, that shall have standing to present evidence |
25 | | at the hearing are the petitioners, the units of local |
26 | | government that sought to be included in the proposed Agency, |
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1 | | and the representatives of each collective bargaining unit that |
2 | | is a party to a collective bargaining agreement with a fire |
3 | | protection jurisdiction within a unit of local government |
4 | | included within the proposed Agency. |
5 | | If the court finds, by a preponderance of the evidence, |
6 | | that the petition is supported by a proper intergovernmental |
7 | | agreement, the court shall enter an order certifying the |
8 | | proposition to the proper election officials, who shall submit |
9 | | the question of the creation of the proposed Agency to the |
10 | | legal voters of each included unit of local government at the |
11 | | next election. Notice of the election shall be given and the |
12 | | election conducted in the manner provided by the general |
13 | | election law. The notice shall state the boundaries of the |
14 | | proposed Agency. |
15 | | The question shall be submitted in substantially the |
16 | | following form: |
17 | | Shall the service areas of (names of existing units of |
18 | | local government to be combined) be combined to create the |
19 | | (name of the Regional Fire Protection Agency)? |
20 | | Responses shall be recorded as "Yes" or "No". |
21 | | A written statement of the election results shall be filed |
22 | | with the court. If, in each unit of local government included |
23 | | within the boundaries of the Regional Fire Protection Agency, a |
24 | | majority of the voters voting on the question favor the |
25 | | proposition, then the court shall issue an order stating that |
26 | | the Agency has been approved. |
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1 | | (f) Intergovernmental agreement; minimum standards of |
2 | | service. The terms of the intergovernmental agreement shall |
3 | | ensure that all of the following standards of service are met: |
4 | | (1) The formation of the Agency shall result in no net |
5 | | increase in the cost of fire protection services and |
6 | | emergency medical services to the units of local government |
7 | | in the proposed Agency due to the reduction or elimination |
8 | | of
duplicative administrative costs, operational costs, |
9 | | equipment costs, or capital expenditures unless members of |
10 | | the Joint Committee can demonstrate that an increase in the |
11 | | cost to a participating unit of local government is |
12 | | justified by a corresponding increase in the level of |
13 | | services provided under the terms of the intergovernmental |
14 | | agreement. |
15 | | (2) The formation of the Agency shall not increase the |
16 | | average response times in any included unit of local |
17 | | government.
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18 | | (3) Agencies shall have no independent ability to levy |
19 | | taxes and shall rely on the fiscal support and |
20 | | contributions from component fire protection |
21 | | jurisdictions, as required under the terms of the |
22 | | intergovernmental agreement.
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23 | | Section 30. Judicial notice. All courts in this State shall |
24 | | take judicial notice of the existence of any Agency organized |
25 | | under this Act, and every such Agency shall constitute a body |
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1 | | corporate that may sue or be sued in all courts. |
2 | | Section 35. Support. Notwithstanding any provision of this |
3 | | Act, a Regional Fire Protection Agency may receive |
4 | | supplementary funding, fiscal support, or other revenue or |
5 | | property consideration from the State, including the Office of |
6 | | the State Fire Marshal, a county, or any other unit of local |
7 | | government, to defray the expenses of organizing a new Agency |
8 | | or as may be deemed necessary or appropriate, and may be |
9 | | appropriated by that entity to the Agency.
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10 | | Section 40. Enforcement of an intergovernmental agreement. |
11 | | In the event of a default of payment, the Agency shall be |
12 | | authorized to secure collection of promised contributions from |
13 | | the defaulting unit of local government by court order |
14 | | authorizing the interception of or turning over of: (1) monies |
15 | | deposited or to be deposited into any fund of the defaulting |
16 | | unit of local government; or (2) grants or other revenues or |
17 | | taxes expected to be received by the unit of local government |
18 | | from the State, county, or federal government, including taxes |
19 | | imposed by the governmental unit pursuant to a grant of |
20 | | authority by the State, such as property, sales or use taxes or |
21 | | utility taxes. |
22 | | Any interception authorized under this Section by the |
23 | | Agency shall be valid and binding from the time the |
24 | | interception order is made until the defaulting unit of local |
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1 | | government has paid in full its past due obligations to the |
2 | | Agency and has been current in its obligations to the Agency |
3 | | for a minimum of 12 months. The revenues, monies, and other |
4 | | funds intercepted and to be intercepted by the Agency shall |
5 | | immediately be subject to the Agency's lien. The lien shall be |
6 | | valid and binding against all parties having claims of any kind |
7 | | in tort, contract, or otherwise against the defaulting unit of |
8 | | local government, irrespective of whether such parties have |
9 | | notice. Under any such interception, a defaulting unit of local |
10 | | government may bind itself to impose rates, charges, or taxes |
11 | | to the fullest extent permitted by applicable law. Any |
12 | | ordinance, resolution, trust agreement, or other instrument by |
13 | | which a lien is created shall be filed in the records of the |
14 | | Agency. |
15 | | The State Treasurer, the State Comptroller, the Department |
16 | | of Revenue, the Department of Transportation, and any county |
17 | | official charged with collecting and disbursing property taxes |
18 | | shall deposit or cause to be deposited any amount of grants or |
19 | | other revenues or taxes expected to be received by the |
20 | | defaulting unit of local government from that official or |
21 | | entity that has been pledged to the defaulting unit of local |
22 | | government, directly into a designated escrow account |
23 | | established by the Agency at a trust company or bank having |
24 | | trust powers, unless otherwise prohibited by law. The court |
25 | | order authorizing that disposition shall, within 10 days after |
26 | | issuance, be filed with the official or entity with custody of |
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1 | | the garnished grants or other revenues or taxes.
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2 | | Section 45. Initial startup.
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3 | | (a) An Agency shall commence operations no later than 90 |
4 | | days after the date of the election unless an alternative date |
5 | | is agreed to by the terms of the intergovernmental agreement |
6 | | and shall operate for the purposes set forth in the |
7 | | intergovernmental agreement.
An Agency's governing body shall |
8 | | consist of representatives designated by the governing bodies |
9 | | of the participating units of local government as set forth in |
10 | | this Act, and shall be considered to be formed upon approval of |
11 | | the governing body of each member unit of local government |
12 | | unless otherwise agreed to by the terms of the |
13 | | intergovernmental agreement. |
14 | | (b) The Regional Fire Protection Agency shall be governed |
15 | | by a 5-member Board of Trustees. Each trustee shall be a |
16 | | resident of a unit of local government within the Agency. The |
17 | | Board shall elect a Chairperson from among its members. |
18 | | The number of trustees from each unit of local government |
19 | | shall be in proportion, as nearly as practicable, to the number |
20 | | of residents of the Agency who reside in that unit of local |
21 | | government in relation to the total population of the Agency. |
22 | | Thereafter, each trustee shall be succeeded by a resident of |
23 | | the same unit of local government and shall be appointed by the |
24 | | same appointing authority. The appropriate appointing |
25 | | authorities shall appoint 5 trustees of the Agency within 60 |
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1 | | days after the entry of the order establishing the Agency. The |
2 | | trustees shall be electors in one of the units of local |
3 | | government of the Agency, provided that the Board shall consist |
4 | | of at least one trustee from each unit of local government, |
5 | | subject to the intergovernmental agreement, within the |
6 | | Regional Fire Protection Agency. The trustees shall hold the |
7 | | terms of office and shall have the powers and qualifications |
8 | | that are provided for trustees under Section 4 of the Fire |
9 | | Protection District Act. |
10 | | In the event of a conflict between the terms of the |
11 | | intergovernmental agreement and the powers of the trustees |
12 | | otherwise provided by law, the terms of the intergovernmental |
13 | | agreement shall prevail and supersede. |
14 | | (c) The Agency shall have the power, duties, and |
15 | | obligations of a fire protection district as otherwise provided |
16 | | by the Fire Protection District Act, except as modified or |
17 | | limited by the provisions of this Act or terms of the |
18 | | intergovernmental agreement. The Agency shall develop a budget |
19 | | funded at a level sufficient to ensure that the quality of |
20 | | services provided to the residents of the service area within |
21 | | the boundary of the included units of local government |
22 | | continues at a level equal to or greater than those provided |
23 | | prior to the modification. |
24 | | (d) The establishment of an Agency as a separately named |
25 | | unit of local government shall not prevent the units of local |
26 | | government within it from identifying their historical fire |
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1 | | departments with the names of their localities. In that event, |
2 | | local fire departments shall be described as [local name] |
3 | | Branch of the [name of the Agency].
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4 | | (e) Upon the formation of an Agency under this Act, the |
5 | | fire departments of the participating units of local government |
6 | | shall be operated under a single chain of command under the |
7 | | leadership of one fire chief appointed by the Board of the |
8 | | Agency. The manner in which chiefs and subordinate chief |
9 | | officers who are redundant under the single chain of command |
10 | | and who are eliminated or integrated into the new unified chain |
11 | | of command shall be defined within the terms of the |
12 | | intergovernmental agreement entered into by the parties. The |
13 | | chiefs and other chief officers shall retain any rights they |
14 | | may have as established by other applicable law, provided that |
15 | | positions shall not be available to any person who is already |
16 | | retired and receiving benefits under Article 4 of the Illinois |
17 | | Pension Code. Any proposed reduction to a bargaining unit |
18 | | position resulting from the abolishment of a non-bargaining |
19 | | unit position shall be subject to compliance with the |
20 | | bargaining rights of any affected collective bargaining |
21 | | representative. |
22 | | Upon taking office, the fire chief of the Agency shall |
23 | | command all operations of the unified service area of the |
24 | | Agency. The District shall become a body politic and corporate |
25 | | with all the powers, rights, duties, and obligations vested in |
26 | | it under the terms of the intergovernmental agreement and as |
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1 | | otherwise provided under the provisions of this Act.
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2 | | (f) Upon the organization of the Agency, the duties of each |
3 | | included unit of local government relating to the operation of |
4 | | a fire department and emergency medical services within the |
5 | | boundaries of the Agency shall be transferred to the Board of |
6 | | the Agency to be exercised according to the terms of the |
7 | | intergovernmental agreement and as otherwise provided under |
8 | | the provisions of this Act. |
9 | | (g) Unless otherwise agreed upon, all firefighters, |
10 | | emergency medical services personnel, and other personnel |
11 | | lawfully in the employment of any unit of local government |
12 | | included in the Agency shall maintain identity with the fire |
13 | | departments that they were serving on prior to the creation of |
14 | | the Regional Fire Protection Agency, but shall be subject to |
15 | | the unified chain of command established by the Board. |
16 | | An Agency consisting of any fire department that employs |
17 | | full-time officers or members shall be subject to Sections |
18 | | 16.01 through 16.18 of the Fire Protection District Act unless |
19 | | the terms of the intergovernmental agreement agreed to by the |
20 | | included units of local government and included collective |
21 | | bargaining unit agents representing employees engaged in |
22 | | providing fire protection or emergency medical services, or |
23 | | both, within the Agency's service area provide otherwise.
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24 | | (h) Contracts in effect between an exclusive bargaining |
25 | | agent representing employees engaged in providing fire |
26 | | protection or emergency medical services, or both, within the |
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1 | | Agency's service area and a participating unit of local |
2 | | government shall continue according to their terms. Successor |
3 | | contracts shall be negotiated in accordance with the provisions |
4 | | of the Illinois Public Labor Relations Act. Upon agreement of |
5 | | any 2 or more units of local government and corresponding |
6 | | exclusive bargaining representatives, and approval of that |
7 | | agreement by a majority of the members of each respective |
8 | | bargaining unit who vote on the issue, any 2 or more bargaining |
9 | | units may be consolidated into a single bargaining unit.
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10 | | (i) Any unit of local government that is included in an |
11 | | Agency shall be exempt from any reduction in the formula for |
12 | | distribution
of income tax revenues under Section 901 of the |
13 | | Illinois Income Tax Act and personal property replacement tax |
14 | | revenues under subsection (c) of Section 201 of the Illinois |
15 | | Income Tax Act collected from local taxpayers by State agencies |
16 | | and redistributed to the units of local government based on the |
17 | | formula and laws in effect as of the effective date of this |
18 | | amendatory Act of the 98th General Assembly. |
19 | | Section 50. Levy of taxes; limitations; indebtedness.
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20 | | (a) To carry out the purposes for which an Agency is |
21 | | created, the Agency Board is empowered to take all actions |
22 | | authorized by law and authorized under this Act for the purpose |
23 | | of enforcing payment of any and all contributions and payments |
24 | | required under the terms of an intergovernmental agreement |
25 | | executed under the provisions of this Act. |
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1 | | (b) The inclusion of any unit of local government into an |
2 | | Agency shall not affect the obligation of any contract entered |
3 | | into by the unit of local government unless otherwise agreed |
4 | | upon in the intergovernmental agreement. Such contracts shall |
5 | | remain the obligation of the unit of local government that |
6 | | incurred the obligation.
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7 | | The inclusion of a unit of local government in an Agency |
8 | | shall not adversely affect proceedings for the collection or |
9 | | enforcement of any tax debt, or other obligation owed to the |
10 | | unit of local government. The proceedings shall continue to |
11 | | finality as if no inclusion had taken place. The proceeds |
12 | | thereof shall be paid to the treasurer of the unit of local |
13 | | government, subject to the terms of the intergovernmental |
14 | | agreement.
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15 | | All suits pending in any court on behalf of or against any |
16 | | participating unit of local government relating to the |
17 | | provision of fire or emergency medical services on the date |
18 | | that the unit of local government is joined into an Agency |
19 | | under this Act may be prosecuted or defended in the name of the |
20 | | unit of local government unless otherwise provided in the |
21 | | intergovernmental agreement. All judgments obtained for
any |
22 | | unit of local government joined into an Agency shall be |
23 | | collected and enforced by the Agency for its benefit unless |
24 | | otherwise provided in the intergovernmental agreement.
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25 | | The intergovernmental agreement shall define ownership |
26 | | interests and rights of each unit of local government's fire |
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1 | | department related assets and liabilities. |
2 | | Section 55. Petition to dissolve a District; referendum. |
3 | | The Board of an Agency established by referendum may certify |
4 | | and submit the question of dissolution of the Agency to the |
5 | | electors of the Agency. The Board may draft a ballot title, |
6 | | give notice as required by the general election law, and |
7 | | perform other duties as required to put the question before the |
8 | | voters of the Agency for their approval or rejection as a |
9 | | single ballot measure. The electorate consists of the voters |
10 | | voting within the boundaries of the existing Agency. A simple |
11 | | majority of the registered voters voting on the single ballot |
12 | | measure is required to approve dissolution of the Agency. The |
13 | | Agency seeking dissolution is liable for its proportionate |
14 | | share of the costs of the election.
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15 | | The question shall be in substantially the following form:
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16 | | Shall the [name of Regional Fire Protection Agency] be |
17 | | dissolved? |
18 | | Votes shall be recorded as "Yes" or "No". |
19 | | If a majority of the votes cast are in favor of the |
20 | | dissolution, the assets, liabilities, obligations, and |
21 | | personnel assigned or belonging to the Agency shall revert to |
22 | | the component units of local government comprising or |
23 | | contributing to the Agency, proportional to each unit of local |
24 | | government's contribution. All such transfers and |
25 | | reassignments shall be made in an expeditious and timely |
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1 | | manner, and no longer than 120 days after the date upon which |
2 | | the Agency's dissolution vote was certified by local election |
3 | | authorities.
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4 | | Section 60. Powers; exclusive. The powers provided by this |
5 | | Act for the creation of Regional Fire Protection Agencies do |
6 | | not prohibit a unit of local government from entering into an |
7 | | intergovernmental agreement to merge, consolidate, or |
8 | | otherwise cooperate with other units of local government to |
9 | | provide fire, rescue, or emergency medical services as |
10 | | otherwise provided by Section 10 of Article VII of the Illinois |
11 | | Constitution and the Illinois Intergovernmental Cooperation |
12 | | Act. However, the powers and benefits provided by this Act for |
13 | | the combination of fire protection or emergency medical |
14 | | services, or both, of 2 or more units of local government shall |
15 | | be limited to Regional Fire Protection Agencies operated |
16 | | according to the terms of an intergovernmental agreement that |
17 | | has been approved by referendum in accordance with this Act. |
18 | | The terms of any intergovernmental agreement of an Agency |
19 | | created by referendum shall supersede and control over any and |
20 | | all other intergovernmental agreements that may exist that |
21 | | relate to the provision of fire protection or emergency medical |
22 | | services, or both, in geographic areas incorporated within the |
23 | | service areas combined under the terms of a referendum-approved |
24 | | intergovernmental agreement. |
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1 | | Section 65. Home rule. A home rule municipality may not |
2 | | administer fire protection services or emergency medical |
3 | | services, or both, in geographic areas incorporated within the |
4 | | service area of an Agency in a manner that is inconsistent with |
5 | | the terms of an intergovernmental agreement approved in |
6 | | accordance with this Act. This Section is a limitation under |
7 | | subsection (i) of Section 6 of Article VII of the Illinois |
8 | | Constitution on the concurrent exercise by home rule units of |
9 | | powers and functions exercised by the State.
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10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law.
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