99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6041

 

Introduced 2/11/2016, by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 705/16  from Ch. 127 1/2, par. 37

    Amends the Fire Protection District Act. Provides that a petition to disconnect territory from a fire protection district that would cause serious injury to a fire protection district shall be dismissed. Defines serious injury. Effective immediately.


LRB099 18398 AWJ 42774 b

 

 

A BILL FOR

 

HB6041LRB099 18398 AWJ 42774 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 16 as follows:
 
6    (70 ILCS 705/16)  (from Ch. 127 1/2, par. 37)
7    Sec. 16. In order to facilitate circumstances in which fire
8protection may be materially improved by adjustment of
9jurisdictional boundaries of adjoining fire protection
10districts without impairing the overall provision of fire
11protection services in the adjoining districts, territory
12Territory included within the limits of any fire protection
13district may be disconnected from the district and added to
14another district to which the territory is contiguous, in the
15manner hereinafter set forth; (1) if the territory would
16receive equal or greater benefits from the district to which it
17seeks to be transferred; (2) if the transfer will not cause the
18territory remaining in the district from which the transfer is
19to be made, to be noncontiguous; (3) if the transfer will not
20cause a serious injury to the district from which the transfer
21is to be made; and, (4) if the trustees of the district to
22which the transfer is sought to be made do not file a written
23refusal to accept the territory within the time hereinafter

 

 

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1provided.
2    Territory disconnected pursuant to this Section shall
3remain liable for its proportionate share of the bonded
4indebtedness outstanding as of the date of disconnection, if
5any, of the district from which it was disconnected and shall
6assume a proportionate share of the bonded indebtedness, if
7any, of the district to which it is transferred.
8    Five One per cent or more of the legal voters residing
9within the limits of the territory proposed to be transferred
10may file a petition, in the court of the county where the
11district to which it seeks to be transferred is organized,
12setting forth: the description of the territory sought to be
13transferred; that the territory would receive equal or greater
14benefits by the transfer; that the transfer will not cause a
15serious injury to the district or districts from which the
16transfer is proposed to be made; and the amount of any
17outstanding bonded indebtedness against the district or
18districts in which the territory is then situated which has
19been incurred pursuant to this Act; and praying that the
20question whether the transfer shall be made, and whether the
21voters of such territory shall remain liable for a
22proportionate share of the bonded indebtedness outstanding as
23of the date of disconnection, if any, of the district from
24which it was disconnected and also assume a proportionate share
25of the bonded indebtedness, if any, of the district to which
26the transfer is to be made, be submitted to the voters of the

 

 

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1entire district from which the transfer is sought to be made
2territory sought to be transferred.
3    Upon the filing of the petition, the court shall set a day
4for hearing, not less than 2 weeks nor more than 4 weeks from
5the filing thereof, and the court, or the circuit clerk or
6sheriff upon order of the court, (i) shall give 2 weeks notice
7of such hearing in one or more daily or weekly newspapers of
8general circulation in the county or in each county wherein the
9district or districts from which the territory sought to be
10transferred is organized and by posting at least 10 copies of
11the notice in conspicuous places in the district or in each of
12the districts from which the territory is sought to be
13transferred, (ii) shall cause a copy of the notice to be
14personally served upon each trustee of the district from which
15the transfer is sought to be made, and (iii) in addition shall
16cause a copy of the notice to be personally served upon each of
17the trustees of the district to which the transfer is sought to
18be made at least one week before the date set for the hearing,
19and in the notice, or in any accompanying notice to be served
20upon the Trustees at the same time, a recital shall be made
21stating that the Trustees may at any time prior to the date of
22the hearing, or within such additional time as may be granted
23by the court upon request in writing filed on or before such
24date, file a written refusal to accept the territory as a part
25of their district, provided, that such notification need not be
26given to the trustees if they file in the proceeding their

 

 

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1written appearances or written consent to a transfer of the
2territory to their district. Both the fire protection district
3from which the territory seeks to be transferred and the fire
4protection district to which the territory seeks to be
5transferred are necessary parties in any action to disconnect
6under this Section.
7    At any time prior to the date set for the hearing, or
8within such additional time as may be granted by the court, the
9trustees of the district to which the transfer is sought to be
10made may file a written refusal to accept the territory as a
11part of their district and in case of such refusal the court
12shall enter an order dismissing the petition for the transfer.
13The trustees may withdraw their refusal at any time prior to
14the entry of an order dismissing the petition. In case the
15trustees fail to file a written refusal within the time
16hereinbefore authorized, they shall be deemed to have consented
17to a transfer of the territory to their district, and consent
18once given may not be withdrawn without leave of court for good
19cause shown. In case of such consent, the court shall proceed
20with the matter as herein provided but if the court finds that
21any of the conditions herein required for the making of a
22transfer do not exist it shall enter an order dismissing the
23petition. In taking any action upon the petition the findings
24of the court shall be filed of record in the case.
25    All property owners in the district from which the transfer
26is sought and all persons interested therein, may file

 

 

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1objections, and at the hearing may appear and contest the
2transfer and the matters averred in the petition, and both
3objectors and petitioners may offer any competent evidence in
4regard thereto. In addition, all persons residing in or
5interested in any of the property situated in the territory
6sought to be transferred shall have an opportunity to be heard
7touching the location and boundary of the territory to be voted
8upon for such transfer, and may make suggestions regarding the
9same. For purposes of this Section, serious injury shall be
10found to exist in the district from which the transfer is
11sought when a material impairment of the ability to provide
12continuing fire protection and related emergency services to
13the territory remaining in the district after the transfer may
14occur. The court may consider the following, but not limited
15to, in its determination as to whether a serious injury may
16occur: the financial resources, facilities, and equipment
17which will remain in the district; and the financial
18obligations, including remaining non-bonded debt of the
19district, from which the transfer is sought. A loss of annual
20real estate tax revenues by the district from which the
21transfer is sought of 15 percent or more by reason of the
22disconnection and transfer shall constitute serious injury and
23require dismissal of the petition. However, the court is not
24precluded from finding serious injury to exist with a lesser
25tax revenue loss if it shown by the preponderance of other
26evidence presented to the court that serious injury would

 

 

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1result if the transfer were to occur.
2    If the court shall, upon hearing the petition, find that
3the territory described in the petition would receive equal or
4greater benefits by being so transferred and meet the
5conditions hereinbefore set forth, it shall certify to the
6proper election officials the question of whether the territory
7shall be transferred, and its order, and such officials shall
8submit that question at an election in the entire district from
9which the transfer is sought to be made in such territory in
10accordance with the general election law. The proposition shall
11be in substantially the following form:
12-------------------------------------------------------------
13   For making the transfer from the
14 ..... Fire Protection District to the
15 ..... Fire Protection District, remaining
16 liable for a proportionate share of the
17 bonded indebtedness outstanding as of the
18 date of disconnection, if any, of the district
19 from which disconnection is proposed and also
20 assuming a proportionate share of the bonded
21 indebtedness, if any, of the district
22 to which transfer is proposed.
23-------------------------------------------------------------
24   Against making the transfer from the
25 ..... Fire Protection District to the
26 ..... Fire Protection District, remaining

 

 

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1 liable for a proportionate share of the
2 bonded indebtedness outstanding as of the
3 date of disconnection, if any, of the district
4 from which disconnection is proposed and also
5 assuming a proportionate share of the bonded
6 indebtedness, if any, of  the district
7 to which transfer is proposed.
8-------------------------------------------------------------
9    If a majority of the votes cast upon the question of making
10the transfer shall be in favor of the transfer, the territory
11shall thenceforth cease to be a part of the fire protection
12district or districts to which it has been attached and shall
13become an integral part of the fire protection district to
14which the transfer shall have been sought and shall be subject
15to all the enjoyments and responsibilities of the latter
16district. In each case in which a transfer is effected pursuant
17to the provisions hereof, the circuit clerk in whose court the
18transfer proceedings have been conducted, shall certify copies
19of all orders entered in effecting such transfer and file or
20send them to the proper county clerk or clerks for filing and
21to the Office of the State Fire Marshal.
22(Source: P.A. 94-806, eff. 1-1-07.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.