103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2569

 

Introduced 4/26/2023, by Sen. Doris Turner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Fire Protection District Act. Provides that, when selling surplus real estate of a fire protection district, the value of the surplus real estate shall be determined by a written MAI certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser (currently, by only a written MAI certified appraisal conducted by a State certified or licensed real estate appraiser). Provides that, if a party fails to reimburse or make a payment to a fire protection district as required by the Act or the Hazardous Material Emergency Response Reimbursement Act, the fire protection district may institute a civil action to recover costs. Provides that, if the court determines that any violation of the Act has occurred, the court shall award to the prevailing fire protection district actual damages, reasonable attorney's fees, and court costs. Defines "prevailing fire protection district". Provides that the board of trustees of any fire protection district may provide for the planning and implementation of services necessary to prevent or respond to emergencies involving hazardous materials or both (rather than only to prevent or respond to emergencies involving hazardous materials). Provides that the board of trustees may fix, charge, and collect reasonable fees for hazardous material services provided by the district. Provides that the total amount collected may not exceed the reasonable cost of providing those hazardous material services. Provides that nothing in the Act prohibits a fire protection district from seeking any remedy under the Hazardous Material Emergency Response Reimbursement Act. Provides that, in addition to other specified purposes in the Act, a fire protection district may accumulate funds for other purposes. Provides that the funds may be accumulated in any fund of the district. Amends the Hazardous Material Emergency Response Reimbursement Act. Provides that an emergency response agency that is a fire protection district or municipality may institute a civil action to recover costs, including labor costs and the costs of equipment and expendables, incurred in responding to an emergency incident. Provides that the fire protection district or municipality may recover attorney's fees and costs if the district or municipality is the prevailing party. Defines "prevailing party".


LRB103 32042 AWJ 60953 b

 

 

A BILL FOR

 

SB2569LRB103 32042 AWJ 60953 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5changing Section 10a and 11g and adding Sections 2.5 and 11n as
6follows:
 
7    (70 ILCS 705/2.5 new)
8    Sec. 2.5. Recovery of costs. Notwithstanding any provision
9of this Act, if a party fails to reimburse or make a payment to
10a fire protection district as required by this Act or the
11Hazardous Material Emergency Response Reimbursement Act, the
12fire protection district may institute a civil action to
13recover costs. If the court determines that any violation of
14this Act has occurred, the court shall award to the prevailing
15fire protection district actual damages, reasonable attorney's
16fees, and court costs. As used in this Section, "prevailing
17fire protection district" includes any fire protection
18district: (1) that obtains some of its requested relief
19through a judicial judgment in its favor; (2) that obtains
20some of its requested relief through any settlement agreement
21approved by the court; or (3) whose pursuit of a nonfrivolous
22claim was a catalyst for a unilateral change in position by the
23opposing party relative to the relief sought.
 

 

 

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1    (70 ILCS 705/10a)  (from Ch. 127 1/2, par. 30a)
2    Sec. 10a. Sale or exchange of property.
3    (a) The board of trustees of any fire protection district
4incorporated under this Act may sell, lease or exchange
5personalty and may sell or lease realty owned by the district
6and no longer needed for fire protection purposes. Except as
7provided in subsection (b), any realty sold pursuant to this
8Section shall be sold to the highest and best bidder either at
9public auction or on sealed bids. Notice of the public auction
10or of the receipt of bids shall be published at least once in a
11newspaper having a general circulation in the district or
12posted in at least ten public places in the district at least
13ten days before the date of the auction or the receipt of bids.
14    (b) The board of trustees may, by resolution, authorize
15the sale of surplus real estate. The value of the surplus real
16estate shall be determined by a written MAI certified
17appraisal or by a written certified appraisal of conducted by
18a State certified or licensed real estate appraiser. The
19appraisal must be available for public inspection. The
20resolution may direct the sale to be conducted directly by the
21board of trustees or by listing with local, licensed real
22estate agencies, in which case the terms of the agent's
23compensation must be included in the resolution. The
24resolution must also include pertinent information concerning
25the size, use, and zoning of the real estate and the terms of

 

 

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1the sale. The resolution must be published at the first
2opportunity after the adoption of the resolution in a
3newspaper of general circulation published in the district or,
4if no newspaper is published in the district, a newspaper of
5general circulation published in the county in which the
6district is located. The board of trustees may accept any
7contract proposal that the board determines is in the best
8interest of the district, provided, however, that the sale
9price may not be less than 80% of the appraised value of the
10real estate.
11    (c) Nothing in this Section prevents a fire protection
12district from transferring realty to another municipal
13corporation or political subdivision pursuant to the Local
14Government Property Transfer Act.
15(Source: P.A. 91-68, eff. 1-1-00.)
 
16    (70 ILCS 705/11g)  (from Ch. 127 1/2, par. 31g)
17    Sec. 11g. The board of trustees of any fire protection
18district may provide for the planning and implementation of
19services necessary to prevent or respond to emergencies
20involving hazardous materials or both. The board of trustees
21may fix, charge, and collect reasonable fees for hazardous
22material services provided by the district. The total amount
23collected may not exceed the reasonable cost of providing
24those hazardous material services. Nothing in this Act
25prohibits a fire protection district from seeking any remedy

 

 

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1under the Hazardous Material Emergency Response Reimbursement
2Act , provided that no fees shall be charged for such planning
3and implementation.
4(Source: P.A. 85-1285.)
 
5    (70 ILCS 705/11n new)
6    Sec. 11n. Accumulation of funds. In addition to the
7purposes described in Section 14, a fire protection district
8may accumulate funds for other purposes. Notwithstanding any
9other provision of law, the funds may be accumulated in any
10fund of the district.
 
11    Section 10. The Hazardous Material Emergency Response
12Reimbursement Act is amended by adding Section 5.5 as follows:
 
13    (430 ILCS 55/5.5 new)
14    Sec. 5.5. Recovery of costs. Notwithstanding any other
15provision of this Act, an emergency response agency that is a
16fire protection district or municipality may institute a civil
17action to recover costs, including labor costs and the costs
18of equipment and expendables, incurred in responding to an
19emergency incident. The fire protection district or
20municipality may recover attorney's fees and costs if the
21district or municipality is the prevailing party. As used in
22this Section, "prevailing party" includes any fire protection
23district or municipality: (1) that obtains some of its

 

 

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1requested relief through a judicial judgment in its favor; (2)
2that obtains some of its requested relief through any
3settlement agreement approved by the court; or (3) whose
4pursuit of a nonfrivolous claim was a catalyst for a
5unilateral change in position by the opposing party relative
6to the relief sought.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    70 ILCS 705/2.5 new
4    70 ILCS 705/10afrom Ch. 127 1/2, par. 30a
5    70 ILCS 705/11gfrom Ch. 127 1/2, par. 31g
6    70 ILCS 705/11n new
7    430 ILCS 55/5.5 new