HB5166ham001 103RD GENERAL ASSEMBLY

Rep. Martin J. Moylan

Filed: 4/15/2024

10300HB5166ham001 LRB103 39246 AWJ 72268 a

AMENDMENT TO HOUSE BILL 5166

AMENDMENT NO. ______. Amend House Bill 5166 by replacing everything after the enacting clause with the following:

"Section 5. The Fire Protection District Act is amended by adding Section 15e as follows:

(70 ILCS 705/15e new)

Sec. 15e. Dissolution of Elk Grove Rural Fire Protection District.

(a) The Elk Grove Rural Fire Protection District shall be dissolved by operation of law effective immediately upon the occurrence of all the conditions set forth in subsection (c).

(b) The president of the board of trustees of the Elk Grove Rural Fire Protection District serving on October 1, 2023 and the mayor of the Village of Mount Prospect are hereby appointed and authorized to close up the business affairs of the Elk Grove Rural Fire Protection District, including by performing, or causing to be performed, all activities necessary to cause the conditions set forth in subsection (c) to be satisfied. The president of the board of trustees of the Elk Grove Rural Fire Protection District serving on October 1, 2023 and the mayor of the Village of Mount Prospect shall unanimously approve all actions taken by them in connection with the closing up of the business affairs of the Elk Grove Rural Fire Protection District.

(c) After all the following conditions have been satisfied, the dissolution of the Elk Grove Rural Fire Protection District shall become effective immediately:

(1) the payment of all outstanding liabilities of the Elk Grove Rural Fire Protection District;

(2) the conveyance of title of all of the Elk Grove Rural Fire Protection District's remaining real and personal property to the Village of Mount Prospect in accordance with the agreement entered into between the Elk Grove Rural Fire Protection District, the Village of Mount Prospect, and Elk Grove Township; and

(3) the submittal to, and approval by resolution adopted by, the Cook County Board of Commissioners of an accounting showing that all known outstanding liabilities of the Elk Grove Fire Protection District have been paid and title of all of the Elk Grove Rural Fire Protection District's known real and personal property has been conveyed to the Village of Mount Prospect.

After the Cook County Board of Commissioners passes a resolution approving the accounting described in this paragraph (3), title of any remaining money of the Elk Grove Rural Fire Protection District shall, by operation of law, be transferred to the Village of Mount Prospect in accordance with the agreement entered into between the Elk Grove Rural Fire Protection District, the Village of Mount Prospect, and Elk Grove Township.

Any bank or other financial institution at which the Elk Grove Rural Fire Protection District has accounts is authorized, upon presentment of a certified copy of the resolution passed by the Cook County Board of Commissioners approving the accounting described in paragraph (3), to transfer the funds in the Elk Grove Rural Fire Protection District's accounts to the Village of Mount Prospect.

(d) Notwithstanding the requirements of Section 27-5 of the Property Tax Code, the Special Service Area created by the Village of Mount Prospect and approved by Cook County in order to take the place of the Elk Grove Rural Fire Protection District's tax levy after dissolution shall not require geographical contiguity.

Section 99. Effective date. This Act takes effect upon becoming law.".