Illinois General Assembly - Full Text of SB0650
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Full Text of SB0650  99th General Assembly

SB0650enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB0650 EnrolledLRB099 06056 AWJ 26110 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 3. The Illinois Municipal Code is amended by adding
5Section 11-6-10 as follows:
 
6    (65 ILCS 5/11-6-10 new)
7    Sec. 11-6-10. Reimbursement of volunteer fire protection
8assistance.
9    (a) Municipalities may fix, charge, and collect fees not
10exceeding the reasonable cost of the service for all services
11rendered by a volunteer municipal fire department or a
12volunteer firefighter of any municipal fire department for
13persons, businesses, and other entities who are not residents
14of the municipality.
15    (b) The charge for any fees under subsection (a) shall be
16computed at a rate not to exceed $250 per hour per vehicle and
17not to exceed $70 per hour per firefighter responding to a call
18for assistance. An additional charge may be levied to reimburse
19the district for extraordinary expenses of materials used in
20rendering such services. No charge shall be made for services
21for which the total amount would be less than $50.
22    (c) All revenue from the fees assessed pursuant to this
23Section shall be deposited to the general fund of the

 

 

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1municipality.
2    (d) Nothing in this Section shall allow a fee to be fixed,
3charged, or collected that is not allowed under any contract
4that a fire department has entered into with another entity,
5including, but not limited to, a fire protection district.
 
6    Section 5. The Fire Protection District Act is amended by
7changing Section 16 as follows:
 
8    (70 ILCS 705/16)  (from Ch. 127 1/2, par. 37)
9    Sec. 16. Territory included within the limits of any fire
10protection district may be disconnected from the district and
11added to another district to which the territory is contiguous,
12in the manner hereinafter set forth; (1) if the territory would
13receive equal or greater benefits from the district to which it
14seeks to be transferred; (2) if the transfer will not cause the
15territory remaining in the district from which the transfer is
16to be made, to be noncontiguous; (3) if the transfer will not
17cause a serious injury to the district from which the transfer
18is to be made; and, (4) if the trustees of the district to
19which the transfer is sought to be made do not file a written
20refusal to accept the territory within the time hereinafter
21provided. For purposes of this Section, "serious injury"
22includes, but is not limited to, a loss of real estate tax
23revenues by the district from which the transfer is sought of
2410% or more by reason of the disconnection. If a court should

 

 

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

 

 

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

 

 

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

 

 

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1is sought and all persons interested therein, may file
2objections, and at the hearing may appear and contest the
3transfer and the matters averred in the petition, and both
4objectors and petitioners may offer any competent evidence in
5regard thereto. In addition, all persons residing in or
6interested in any of the property situated in the territory
7sought to be transferred shall have an opportunity to be heard
8touching the location and boundary of the territory to be voted
9upon for such transfer, and may make suggestions regarding the
10same.
11    If the court shall, upon hearing the petition, find that
12the territory described in the petition would receive equal or
13greater benefits by being so transferred and meet the
14conditions hereinbefore set forth, it shall certify to the
15proper election officials the question of whether the territory
16shall be transferred, and its order, and such officials shall
17submit that question at an election in such territory in
18accordance with the general election law. The proposition shall
19be in substantially the following form:
20-------------------------------------------------------------
21   For making the transfer from the
22 ..... Fire Protection District to the
23 ..... Fire Protection District, remaining
24 liable for a proportionate share of the
25 bonded indebtedness outstanding as of the
26 date of disconnection, if any, of the district

 

 

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1 from which disconnection is proposed and also
2 assuming a proportionate share of the bonded
3 indebtedness, if any, of the district
4 to which transfer is proposed.
5-------------------------------------------------------------
6   Against making the transfer from the
7 ..... Fire Protection District to the
8 ..... Fire Protection District, remaining
9 liable for a proportionate share of the
10 bonded indebtedness outstanding as of the
11 date of disconnection, if any, of the district
12 from which disconnection is proposed and also
13 assuming a proportionate share of the bonded
14 indebtedness, if any, of  the district
15 to which transfer is proposed.
16-------------------------------------------------------------
17    If a majority of the votes cast upon the question of making
18the transfer shall be in favor of the transfer, the territory
19shall thenceforth cease to be a part of the fire protection
20district or districts to which it has been attached and shall
21become an integral part of the fire protection district to
22which the transfer shall have been sought and shall be subject
23to all the enjoyments and responsibilities of the latter
24district. In each case in which a transfer is effected pursuant
25to the provisions hereof, the circuit clerk in whose court the
26transfer proceedings have been conducted, shall certify copies

 

 

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1of all orders entered in effecting such transfer and file or
2send them to the proper county clerk or clerks for filing and
3to the Office of the State Fire Marshal.
4(Source: P.A. 94-806, eff. 1-1-07.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.