Full Text of HB1740 103rd General Assembly
HB1740enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Rescue Squad Districts Act is amended by | 5 | | changing Sections 1, 2, 3, 4, 5, 6, 6.5, 7, 8, 11, 11.5, 13, | 6 | | 14, and 15 and by adding Sections 2.5, 11.3, and 11.4 as | 7 | | follows:
| 8 | | (70 ILCS 2005/1) (from Ch. 85, par. 6851)
| 9 | | Sec. 1. This Act may be cited as the Emergency Services | 10 | | Rescue Squad Districts Act . | 11 | | (Source: P.A. 86-916.)
| 12 | | (70 ILCS 2005/2) (from Ch. 85, par. 6852)
| 13 | | Sec. 2.
Any contiguous territory having a population of | 14 | | not less than
300 inhabitants and no part of which is already | 15 | | included in an emergency services a rescue squad
district, and | 16 | | no part of which is located in a fire protection district
that | 17 | | provides rescue services, may be organized as an emergency | 18 | | services a rescue squad district
as provided in this Act. | 19 | | However, an emergency services district may be organized in | 20 | | whole or in part within a fire protection district that | 21 | | provides rescue services if the emergency services district is | 22 | | formed and operated solely to provide ambulance services.
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| 1 | | Any 5% of the legal voters within the limits of the | 2 | | proposed emergency services rescue squad
district may petition | 3 | | the circuit court for the county in
which the territory lies to | 4 | | order the question whether the territory
shall be organized as | 5 | | an emergency services a rescue squad district under this Act | 6 | | to be
submitted to the legal voters of the territory, but every | 7 | | petition
shall be signed by at least 25 legal voters residing | 8 | | within the
territory proposed to be organized as an emergency | 9 | | services a rescue squad district, and
in case the territory | 10 | | includes more than one city, village or
incorporated town, or | 11 | | any portions thereof, or includes one or more
cities, villages | 12 | | or incorporated towns, or any portion thereof, and
territory | 13 | | not a part of any city, village or incorporated town, then
the | 14 | | petition must be signed by at least 5% of the legal voters | 15 | | residing
in each of those cities, villages, or incorporated | 16 | | towns, or portions
thereof, and by at least 5% of the legal | 17 | | voters residing in the
territory not a part of any city, | 18 | | village or incorporated town. The
petition shall contain a | 19 | | definite description of
the boundaries of the territory | 20 | | proposed to be organized as an emergency services a rescue | 21 | | squad
district, and shall set forth the name of the proposed
| 22 | | district, which name shall be The .... Emergency Services | 23 | | Rescue Squad District.
| 24 | | (Source: P.A. 86-916.)
| 25 | | (70 ILCS 2005/2.5 new) |
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| 1 | | Sec. 2.5. Rescue squad district continuance. A rescue | 2 | | squad district organized under this Act before the effective | 3 | | date of this amendatory Act of the 103rd General Assembly may | 4 | | (i) continue to be named a rescue squad district or be renamed | 5 | | an emergency services district by ordinance of the board of | 6 | | trustees of the district, (ii) operate under the provisions of | 7 | | this Act as if they were organized as an emergency services | 8 | | district, and (iii) continue exercising taxing authority | 9 | | granted to it that was approved before the effective date of | 10 | | this amendatory Act of the 103rd General Assembly and the | 11 | | taxes may be used for any purpose allowed under this Act.
| 12 | | (70 ILCS 2005/3) (from Ch. 85, par. 6853)
| 13 | | Sec. 3.
Upon the filing of a petition in the office of the | 14 | | circuit
clerk, the court to whom the petition is addressed | 15 | | shall give notice of the
time and place of a hearing on the | 16 | | question of the necessity for the
organization of an emergency | 17 | | services a rescue squad district and of the boundaries of the
| 18 | | proposed district. The
notice shall be published at least once | 19 | | each week for 2 weeks in one or
more newspapers of general | 20 | | circulation in the proposed district, and a copy
of the notice | 21 | | shall be posted in at least 10 of the most public places in
the | 22 | | proposed district at least 10 days before the hearing. The | 23 | | hearing shall be held
within 20 days after the petition is | 24 | | filed with the circuit clerk.
| 25 | | The court shall preside at the hearing, and all persons |
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| 1 | | resident within
the territory proposed to be organized as an | 2 | | emergency services a rescue squad district
shall be given an | 3 | | opportunity to be heard touching the necessity of the
| 4 | | organization of a district and to make suggestions regarding | 5 | | the
boundaries of the district. After hearing the statements, | 6 | | evidence and
suggestions, if the court determines that | 7 | | considerations of public health
and welfare make the | 8 | | organization of a district necessary, it shall fix
the | 9 | | boundaries of the proposed emergency services rescue squad | 10 | | district and, for that
purpose and to that extent, may alter | 11 | | and amend the petition. In case the
boundaries as fixed by the | 12 | | court include any territory not included in the
boundaries as | 13 | | described in the original petition, the court shall cause a
| 14 | | notice to be inserted at least twice in some newspaper of | 15 | | general
circulation in the additional territory, which notice | 16 | | shall state the time
and place at which a hearing will be held | 17 | | to permit the owners of the land
in the additional territory to | 18 | | appear and be heard on the question of
including the | 19 | | additional territory. The notice shall be published at least
| 20 | | 10 days before the hearing, and the hearing shall be held | 21 | | within 3 weeks
after the court first fixes the boundaries. At | 22 | | the hearing the boundaries
of the proposed district shall be | 23 | | finally fixed by the court.
| 24 | | (Source: P.A. 86-916.)
| 25 | | (70 ILCS 2005/4) (from Ch. 85, par. 6854)
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| 1 | | Sec. 4.
The determination of the court as to the necessity | 2 | | for the
organization of the proposed emergency services rescue | 3 | | squad district, together with
the description of the | 4 | | boundaries of the district as fixed by the
court, shall be | 5 | | entered of record in
the court.
Thereupon the court shall | 6 | | certify the question of the organization of the
territory | 7 | | included within the boundaries fixed by it as an emergency | 8 | | services a rescue squad district
to the proper election | 9 | | officials, who shall submit the
question to the legal voters | 10 | | resident within the territory at
an election to be held in the | 11 | | district. Notice of the referendum
shall be given and the | 12 | | referendum conducted in the manner provided by the
general | 13 | | election law. The notice of the election shall
state the | 14 | | purpose of the referendum, describe the territory proposed to | 15 | | be
organized as an emergency services a rescue squad district, | 16 | | and state the time of the election.
| 17 | | The proposition shall be in substantially the following | 18 | | form:
| 19 | | -------------------------------------------------------------
| 20 | | Shall this territory (describing
| 21 | | it) be organized as The ........... YES
| 22 | | Emergency Services Rescue Squad
| 23 | | District and shall the
| 24 | | District be authorized to levy and ----------------------
| 25 | | collect a property tax not to exceed
| 26 | | .20% on the property situated in the NO
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| 1 | | District?
| 2 | | -------------------------------------------------------------
| 3 | | The court shall cause a statement of the result to
be | 4 | | entered of record in the court.
| 5 | | (Source: P.A. 86-916 .)
| 6 | | (70 ILCS 2005/5) (from Ch. 85, par. 6855)
| 7 | | Sec. 5.
If a majority of the votes cast on the question are | 8 | | in favor of the
organization of the territory as an emergency | 9 | | services a rescue squad district, the
territory shall be an | 10 | | organized emergency services rescue squad
district under this | 11 | | Act. The district shall have the name set
forth in the petition | 12 | | and by such name may transact all corporate business. The name | 13 | | of a rescue squad district may be modified under Section 2.5.
| 14 | | The district shall constitute a body corporate and politic.
| 15 | | All courts of this State shall take judicial
notice of the | 16 | | organization of the emergency services rescue squad district.
| 17 | | (Source: P.A. 86-916.)
| 18 | | (70 ILCS 2005/6) (from Ch. 85, par. 6856)
| 19 | | Sec. 6.
Within 60 days after the organization of an | 20 | | emergency services any rescue squad district
under the | 21 | | provisions of this Act, a board of trustees, consisting of 5
| 22 | | members, for the government and control of the affairs and | 23 | | business of the emergency services
rescue squad district shall | 24 | | be appointed in the following manner:
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| 1 | | (1) If the district lies wholly within a single | 2 | | township, the board of
trustees of that township shall | 3 | | appoint the trustees for the district,
but no township | 4 | | official is eligible for such appointment.
| 5 | | (2) If the district is not contained wholly within a | 6 | | single township,
but is located wholly within a single | 7 | | county, the trustees for
the district shall be appointed | 8 | | by the presiding officer of the
county board, with the | 9 | | advice and consent of the
county board.
| 10 | | (3) If the district lies wholly within a municipality, | 11 | | the governing
body of the municipality shall appoint | 12 | | trustees for the district.
| 13 | | (4) If the district does not conform to any of the | 14 | | foregoing
classifications, the
trustees for the district | 15 | | shall be from each county in the district
in numbers | 16 | | proportionate, as nearly as practicable, to the number
of | 17 | | residents of the district who reside in each county in
| 18 | | relation to the total population of the district. Trustees
| 19 | | shall be appointed by the county board of their respective
| 20 | | counties, or in the case of a home rule county as defined | 21 | | by
Section 6 of Article VII of the Illinois Constitution, | 22 | | by the
chief executive officer of that county, with the | 23 | | advice and consent
of the county board.
| 24 | | Upon the expiration of the term of a trustee who is in | 25 | | office
at the
time of the publication of each decennial | 26 | | federal census of
population, the successor shall be a |
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| 1 | | resident
of whichever county is entitled to the representation | 2 | | in order
to bring about the proportional representation | 3 | | required by this Act, and the
successor shall be appointed by | 4 | | the appointing authority of that
county. Thereafter, each | 5 | | trustee shall be succeeded by a resident
of the same county, | 6 | | who shall be appointed by the same
appointing authority. Of | 7 | | the trustees first appointed, 3 shall hold office until
the | 8 | | second Monday in December after the next succeeding general | 9 | | election
for members of the General Assembly and 2 shall hold | 10 | | office until the
second Monday in December 2 years after the | 11 | | next succeeding general
election for members of the General | 12 | | Assembly, and until their successors
are appointed and | 13 | | qualified. Thereafter, the trustees of the district shall
be | 14 | | appointed in every year in which the term of any of the | 15 | | trustees expires
and shall hold office for 4 years and until | 16 | | their successors are appointed
and qualified. Each trustee | 17 | | shall be a legal voter in the
district. Each trustee shall be | 18 | | compensated at the same rate, which shall
not exceed $750
per | 19 | | fiscal year, as determined by the board of trustees.
| 20 | | Whenever a vacancy occurs in the board of trustees the | 21 | | appropriate
appointing authority shall appoint some person to | 22 | | fill the remainder of the
unexpired term.
| 23 | | (Source: P.A. 86-916.)
| 24 | | (70 ILCS 2005/6.5) | 25 | | Sec. 6.5. Change to elected board of trustees; petition; |
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| 1 | | election; ballot; nomination and election of trustees. An | 2 | | emergency services Any rescue squad district organized under | 3 | | this Act may
have an elected, rather than an appointed, board | 4 | | of trustees if approved by referendum. Upon presentation to | 5 | | the board of trustees of a petition, signed
by not less than | 6 | | 10% of the electors of the district, requesting that a
| 7 | | proposition for the election of trustees be submitted to the | 8 | | electors of the
district, the secretary of the board of | 9 | | trustees shall certify the proposition
to the appropriate | 10 | | election authorities who shall submit the proposition at
a | 11 | | regular election in accordance with the general election law.
| 12 | | The general election law shall apply to and govern such | 13 | | election. The
proposition shall be in substantially the | 14 | | following form: | 15 | | ----------------------------------------------
| 16 | | Shall the trustees of ...... YES
| 17 | | Emergency Services Rescue Squad
| 18 | | District be elected, rather --------------------
| 19 | | than appointed? NO
| 20 | | -------------------------------------------------------------
| 21 | | If a majority of the votes cast on such proposition | 22 | | are in the affirmative,
the trustees of the district shall | 23 | | thereafter be elected as provided by this
Section.
| 24 | | At the next regular election for trustees as provided by | 25 | | the general election
law, a district that has approved by | 26 | | referendum to have its
trustees elected rather than appointed |
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| 1 | | shall elect 5 initial trustees. The initial elected trustees | 2 | | shall be elected as follows: 2 shall be elected for terms of 2
| 3 | | years, 2 for terms of 4 years, and one for a term of 6 years. | 4 | | Except as otherwise provided in Section
2A-54 of the Election | 5 | | Code, the term of each elected trustee shall
commence on the | 6 | | third Monday of the month following the month of his or her | 7 | | election
and until his or her successor is elected and | 8 | | qualified. The length of the terms of
the trustees first | 9 | | elected shall be determined by lot at their first meeting.
| 10 | | Thereafter, except as otherwise provided in Section 2A-54 of | 11 | | the Election Code,
each trustee shall be elected to serve for a | 12 | | term of 4 years
commencing on the third Monday of the month | 13 | | following the month of his or her election
and until his or her | 14 | | successor is elected and qualified.
| 15 | | No party designation shall appear on the ballot for | 16 | | election of trustees.
The provisions of the general election | 17 | | law shall apply to and govern
the nomination and election of | 18 | | trustees.
| 19 | | Nominations for members of the board of trustees shall be | 20 | | made by a petition signed by at least 25 voters or 5% of the | 21 | | voters, whichever is less, residing within the district and | 22 | | shall be filed with the secretary of the board. In addition to | 23 | | the requirements of general election law, the form of the | 24 | | petition shall be as follows: | 25 | | NOMINATING PETITIONS
| 26 | | To the Secretary of the Board of Trustees of (name of |
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| 1 | | emergency services rescue squad district): | 2 | | We, the undersigned, being (number of signatories or 5% or | 3 | | more) of the voters residing within the district, hereby | 4 | | petition that (name of candidate) who resides at (address of | 5 | | candidate) in this district shall be a candidate for the | 6 | | office of (office) of the Board of Trustees (full-term or | 7 | | vacancy) to be voted for at the election to be held (date of | 8 | | election). | 9 | | The secretary of the board shall notify each candidate for | 10 | | whom a petition for nomination has been filed of their | 11 | | obligations under the Campaign Financing Act, as required by | 12 | | the general election law. The notice shall be given on a form | 13 | | prescribed by the State Board of Elections and in accordance | 14 | | with the requirements of the general election law.
| 15 | | The secretary shall, within 7 days of filing or on the
last | 16 | | day for filing, whichever is earlier, acknowledge to the | 17 | | petitioner
in writing his acceptance of the petition.
| 18 | | The provisions of Section 6 relating to eligibility and | 19 | | compensation
of trustees shall apply equally to elected | 20 | | trustees.
| 21 | | Whenever an emergency services a rescue squad district | 22 | | determines to elect trustees as provided
in this Section, the | 23 | | trustees appointed pursuant to Section 6 shall continue
to | 24 | | constitute the board of trustees until the third Monday of the | 25 | | month
following the month of the first election of trustees.
| 26 | | If the term of office of any appointed trustees expires before |
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| 1 | | the first
election of trustees, the authority which appointed | 2 | | that trustee under Section
6 of this Act shall appoint a | 3 | | successor to serve until a successor is
elected and has | 4 | | qualified. The terms of all appointed trustees in such
| 5 | | district shall expire on the third Monday of the month | 6 | | following the
month of the first election of trustees under | 7 | | this Section or when
successors have been elected and have | 8 | | qualified, whichever occurs later.
| 9 | | (Source: P.A. 99-295, eff. 8-6-15.)
| 10 | | (70 ILCS 2005/7) (from Ch. 85, par. 6857)
| 11 | | Sec. 7.
The trustees appointed in accordance with this Act
| 12 | | shall constitute a board of trustees for the emergency | 13 | | services rescue squad district
for which they are appointed, | 14 | | and that board of trustees is declared to be
the corporate | 15 | | authority of the district and shall exercise all of the
powers | 16 | | and control all of the affairs and property of the district. | 17 | | The
board of trustees may provide and adopt a corporate seal. | 18 | | Immediately after
their appointment and at their first meeting | 19 | | in December of each year
thereafter, the board of trustees | 20 | | shall elect one of their number as
president, one as | 21 | | secretary, and one as treasurer, and shall elect such
other | 22 | | officers as may be necessary. The board of trustees shall | 23 | | provide for
the time and place of holding regular meetings and | 24 | | may establish rules
for board proceedings. Special meetings | 25 | | may be called by the president of the
board or by any 3 |
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| 1 | | trustees, but each member of the board shall be given
notice of | 2 | | a special meeting at least 24 hours before the meeting. All of
| 3 | | the meetings of the board, whether regular or special, shall | 4 | | be open to
the public. A majority of the board of trustees | 5 | | shall constitute a quorum,
but a smaller number may adjourn | 6 | | from day to day. The board shall keep a
regular book of records | 7 | | of all of the proceedings of the board, which book
shall be | 8 | | open to the inspection of any person residing in the district | 9 | | at
all reasonable and proper times.
| 10 | | (Source: P.A. 86-916.)
| 11 | | (70 ILCS 2005/8) (from Ch. 85, par. 6858)
| 12 | | Sec. 8.
The board of trustees of the district shall have | 13 | | power to take all
necessary or proper steps to provide rescue | 14 | | services
within the district;
to purchase equipment, supplies , | 15 | | and materials; to recruit , employ, or contract with ambulance, | 16 | | rescue
squad , or both ambulance and rescue squad
personnel, | 17 | | who shall be compensated at a rate determined by the board of
| 18 | | trustees; and
generally to do any and
all things necessary or | 19 | | incident to the powers granted by this Act and to carry
out the | 20 | | objects of this Act.
| 21 | | (Source: P.A. 86-916.)
| 22 | | (70 ILCS 2005/11) (from Ch. 85, par. 6861)
| 23 | | Sec. 11.
An emergency services A rescue squad district | 24 | | organized under
this Act may levy and collect a general tax on |
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| 1 | | the
property situated in the district, but the aggregate | 2 | | amount of taxes
levied for any one year shall not exceed the | 3 | | rate of .20%
of value, as
equalized or assessed by the | 4 | | Department of Revenue. The
board of trustees shall determine | 5 | | and certify the amount to be levied
and shall return the same | 6 | | to the county clerk.
The limitation upon the tax rate may be | 7 | | increased or decreased
under the referendum provisions of the | 8 | | General Revenue Law of Illinois.
| 9 | | In case the district is located in more than one county, | 10 | | the board of
trustees shall determine and certify the amount | 11 | | to be levied upon the
taxable property lying in each county and | 12 | | return the same to the
respective county clerks of the | 13 | | counties in which the amount is to be
levied. In order to | 14 | | determine the amount to be levied upon the taxable
property of | 15 | | that part of the district lying in each county, the board
shall | 16 | | ascertain from the county clerk of the respective counties in
| 17 | | which the district lies the last ascertained equalized value | 18 | | of the
taxable property of the district lying in their | 19 | | respective counties,
then shall ascertain the rate per cent | 20 | | required and shall, accordingly,
apportion the whole amount to | 21 | | be raised between the several parts of the
district so lying in | 22 | | the different counties. The tax provided for in
this Section | 23 | | shall be levied at the same time and in the same manner as
| 24 | | nearly as practicable as taxes are now levied for municipal
| 25 | | purposes under the laws of this State.
| 26 | | All general taxes under this Act, when collected, shall be |
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| 1 | | paid over to the
treasurer of the board of trustees, who is | 2 | | authorized to receive and
receipt for the same.
| 3 | | (Source: P.A. 86-916.)
| 4 | | (70 ILCS 2005/11.3 new) | 5 | | Sec. 11.3. Ambulance service. | 6 | | (a) The board of trustees may provide ambulance service to | 7 | | or from points within or without the district, contract with | 8 | | providers of ambulance service, combine with other units of | 9 | | local government for the purpose of providing ambulance | 10 | | service, and adopt rules and regulations relating to ambulance | 11 | | service within the board's jurisdiction. | 12 | | (b) The board of trustees may: | 13 | | (1) contract with a private person, hospital, | 14 | | corporation, or another governmental unit for the | 15 | | provision and operation of ambulance service or subsidize | 16 | | the ambulance service; | 17 | | (2) limit the number of ambulance services by | 18 | | referendum; | 19 | | (3) within its jurisdiction, fix, charge, and collect | 20 | | fees for ambulance service within or outside of the fire | 21 | | protection district not exceeding the reasonable cost of | 22 | | the service; and | 23 | | (4) establish necessary regulations not inconsistent | 24 | | with the statutes or regulations of the Department of | 25 | | Public Health relating to ambulance service. |
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| 1 | | The board of trustees may limit the number of ambulances | 2 | | under paragraph (2) or establish regulations under paragraph | 3 | | (4) if a referendum under Section 11.5 has been approved. | 4 | | (70 ILCS 2005/11.4 new) | 5 | | Sec. 11.4. Charge for ambulance service. | 6 | | (a) The board of trustees of a district may fix, charge, | 7 | | and collect fees not exceeding the reasonable cost of the | 8 | | service for ambulance services rendered by the district | 9 | | against persons who are not residents of the district and | 10 | | against businesses and other entities that are not located | 11 | | within the district. | 12 | | (b) A fee charged under subsection (a) shall be computed | 13 | | at a rate not to exceed $250 per hour and not to exceed $70 per | 14 | | hour per ambulance worker responding to a call for assistance. | 15 | | An additional fee may be charged to reimburse the district for | 16 | | extraordinary expenses of materials used in rendering | 17 | | ambulance services. No charge shall be made for services for | 18 | | which the total charge would be less than $50. | 19 | | (c) All revenue from the fees charged under this Section | 20 | | shall be deposited to the district's general fund. | 21 | | (70 ILCS 2005/11.5) | 22 | | Sec. 11.5. Ambulance service tax. Whenever the board of | 23 | | trustees of an emergency services a rescue squad district | 24 | | desires
to levy a special tax to provide an ambulance service |
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| 1 | | or support an existing ambulance service, it shall certify the
| 2 | | question to the proper election officials, who shall submit | 3 | | that question
at an election to the voters of the district. The | 4 | | result of the referendum
shall be entered upon the records of | 5 | | the district. If a majority of the
votes on the question are in | 6 | | favor of the question, the board of
trustees may then levy a | 7 | | special tax at a rate not to exceed 0.40% of
the value of all | 8 | | taxable property within the district as equalized or
assessed | 9 | | by the Department of Revenue. The question shall be in
| 10 | | substantially the following form: | 11 | | ----------------------------
| 12 | | Shall the ....
| 13 | | Emergency Services Rescue Squad
| 14 | | District levy a special tax at a rate YES
| 15 | | not to exceed 0.40% of the value of all
| 16 | | taxable property within the district -----------------
| 17 | | as equalized or assessed by the
| 18 | | Department of Revenue for the purpose NO
| 19 | | of providing or supporting an ambulance
| 20 | | service?
| 21 | | -------------------------------------------------------------
| 22 | | A tax levied under Section 11 may be used for ambulance | 23 | | services as well as a tax levied under this Section. | 24 | | (Source: P.A. 100-1120, eff. 1-1-19.)
| 25 | | (70 ILCS 2005/13) (from Ch. 85, par. 6863)
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| 1 | | Sec. 13.
Any territory lying adjacent and contiguous to an | 2 | | emergency services a rescue squad
district, and not part of | 3 | | another emergency services rescue squad district and not part | 4 | | of a
fire protection district that provides rescue services,
| 5 | | may be annexed to the district as provided in this Section.
| 6 | | Upon petition in writing, describing the territory | 7 | | proposed to be
annexed and signed by a majority of the legal | 8 | | voters in that territory
and by the owners of more than half of | 9 | | the taxable property in that
territory as shown by the last | 10 | | ascertained equalized value of the
taxable property in that | 11 | | territory being filed with the trustees of
the district, the | 12 | | trustees may annex the territory
by a resolution which shall | 13 | | be published at least once in a newspaper
having a general | 14 | | circulation in the territory and shall include a notice
of (1) | 15 | | the specific number of voters required to sign a petition | 16 | | requesting
that the question of the adoption of the resolution | 17 | | be submitted to the
electors of the territory, (2) the time in | 18 | | which the petition must be filed,
and (3) the date of the | 19 | | prospective referendum. The county clerk of the
county in | 20 | | which the territory is situated shall provide a petition form
| 21 | | to any individual requesting one. The resolution shall be | 22 | | effective
45 days from the
date of publication and is subject | 23 | | to a referendum, if a
referendum is requested, before the | 24 | | effective date of the
resolution, by the lesser of 1,000 | 25 | | voters or 5% of the voters
in the district. The trustees may | 26 | | also order the
question of the annexation of the territory to |
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| 1 | | be submitted to the legal voters of the
district at a regular | 2 | | election by certifying the question to the
proper election | 3 | | officials. Notice of the election
shall be given and the | 4 | | election
conducted in the manner provided by the general | 5 | | election law. The proposition
shall be stated as follows:
| 6 | | "Shall the territory (describing it) be annexed to The .... | 7 | | Emergency Services Rescue
Squad District?" If the majority of | 8 | | all the votes cast on the
question is in favor of annexation, | 9 | | the board of
trustees shall so certify to the county clerk, and | 10 | | within 10 days of
the election the trustees by an order duly | 11 | | entered upon their records
shall annex the territory to the | 12 | | district and shall file a map of the
annexed territory in the | 13 | | office of the county clerk of the county where
the annexed | 14 | | territory is situated. Thereupon the territory shall be
deemed | 15 | | annexed to and shall be a part of the emergency services rescue | 16 | | squad
district.
| 17 | | (Source: P.A. 86-916.)
| 18 | | (70 ILCS 2005/14) (from Ch. 85, par. 6864)
| 19 | | Sec. 14.
A district organized under
this Act may be | 20 | | dissolved and discontinued upon like petition, hearing and
| 21 | | election as is provided in this Act for the organization of a | 22 | | district.
If a majority of the votes cast on the question at | 23 | | the election are in
favor of dissolution, the court shall | 24 | | enter an order of record in
the court dissolving the district. | 25 | | The trustees of the
district shall immediately proceed to wind |
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| 1 | | up the affairs of the district
and shall have the same powers | 2 | | as before dissolution to levy taxes for the
purpose of paying | 3 | | the debts, obligations and liabilities of the
district | 4 | | outstanding on the date of dissolution and the
necessary | 5 | | expenses of closing up the affairs of the district. All | 6 | | property
of the district shall be sold and, in case any excess | 7 | | remains after all
liabilities of the district are paid, the | 8 | | excess shall be paid to the
various common school districts | 9 | | located in the district
ratably in the proportion that the | 10 | | taxable value of all the property in
each of the school | 11 | | districts bears to the taxable value of all the property
in the | 12 | | emergency services rescue squad district.
| 13 | | (Source: P.A. 86-916.)
| 14 | | (70 ILCS 2005/15) (from Ch. 85, par. 6865)
| 15 | | Sec. 15.
The owner or owners of record of any area of land | 16 | | consisting
of one or more tracts lying within the corporate | 17 | | limits of an emergency services a rescue squad
district may | 18 | | have the area disconnected from the district as provided in | 19 | | this Section.
| 20 | | The owner or owners of record of the tract or tracts of | 21 | | land shall
file a petition in the circuit court of the county | 22 | | in which the district
was organized alleging facts in support | 23 | | of disconnection, including the
following:
| 24 | | (1) That the tract or tracts involved are located upon | 25 | | the border of the
district.
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| 1 | | (2) That disconnection will not result in the | 2 | | isolation of any part of
the district from the remainder | 3 | | of the district.
| 4 | | (3) That disconnection will not destroy or impair the | 5 | | effectiveness of
the district in the performance of its | 6 | | lawful functions.
| 7 | | (4) That disconnection will not jeopardize the | 8 | | financial position of the
district.
| 9 | | (5) That disconnection will not adversely affect the | 10 | | public health
and welfare.
| 11 | | (6) That rescue services are provided by a fire | 12 | | protection district or
other unit of local government.
| 13 | | The district from which disconnection is sought shall
be | 14 | | made a defendant, and it or any taxpayer residing in the | 15 | | district may
appear and defend against the petition.
The court | 16 | | shall set the petition for hearing on a date not less than 30
| 17 | | days after the filing of the petition.
If the court finds that | 18 | | the allegations of the petition are true and
that the area of | 19 | | land is entitled to disconnection, it shall order the
| 20 | | specified land disconnected from the district and
thereupon | 21 | | that land shall cease to be a part of the district. The land
| 22 | | shall not, however, be relieved from any bonded indebtedness | 23 | | of the
district previously created as to that land's | 24 | | proportionate share.
The decision of the court is
appealable | 25 | | as in other civil cases.
| 26 | | (Source: P.A. 86-916.)
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| 1 | | Section 10. The Collective Bargaining Freedom Act is | 2 | | amended by changing Section 10 as follows: | 3 | | (820 ILCS 12/10)
| 4 | | Sec. 10. Definitions. In this Act: | 5 | | "Employer" includes any person acting as an agent of an | 6 | | employer, directly or indirectly, but does not include the | 7 | | United States or any wholly owned government corporation, or | 8 | | any Federal Reserve Bank, or any State or political | 9 | | subdivision thereof, or any person subject to the Railway | 10 | | Labor Act, 45 U.S.C. 151 et seq., as amended from time to time, | 11 | | or any labor organization (other than when acting as an | 12 | | employer), or anyone acting in the capacity of officer or | 13 | | agent of such labor organization. | 14 | | "Interested party" means a person with an interest in | 15 | | compliance with this Act. | 16 | | "Labor organization" means any organization of any kind, | 17 | | or any agency or employee representation committee or plan, in | 18 | | which employees participate and that exists for the purpose, | 19 | | in whole or in part, of dealing with employers concerning | 20 | | grievances, labor disputes, wages, rates of pay, hours of | 21 | | employment, or conditions of work. | 22 | | "Local government" and "political subdivision" include, | 23 | | but are not limited to, any county, city, town, township, | 24 | | village, municipality or subdivision thereof, airport |
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| 1 | | authority, cemetery district, State college or university, | 2 | | community college, conservation district, drainage district, | 3 | | electric agency, exposition and auditorium authority, fire | 4 | | protection district, flood prevention district, forest | 5 | | preserve district, home equity program, hospital district, | 6 | | housing authority, joint action water agency, mass transit | 7 | | district, mosquito abatement district, multi-township | 8 | | assessment district, museum district, natural gas agency, park | 9 | | district, planning agency, port district, public building | 10 | | commission, public health district, public library district, | 11 | | public water district, emergency services rescue squad | 12 | | district, river conservancy district, road and bridge | 13 | | district, road district, sanitary district, school district, | 14 | | soil and water conservation district, solid waste agency, | 15 | | special recreation association, street lighting district, | 16 | | surface water district, transportation authority, water | 17 | | authority, water commission, water reclamation district, water | 18 | | service district, municipal corporation, and any other | 19 | | district, agency, or political subdivision authorized to | 20 | | legislate or enact laws affecting its respective jurisdiction, | 21 | | notwithstanding such local government or political | 22 | | subdivision's authority to exercise any power and perform any | 23 | | function pertaining to its government and affairs granted to | 24 | | it by the Illinois Constitution, a law, or otherwise.
| 25 | | (Source: P.A. 101-3, eff. 4-12-19.)
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