Full Text of HB4461 102nd General Assembly
HB4461enr 102ND 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 Fire Protection District Act is amended by | 5 | | changing Section 20 as follows:
| 6 | | (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
| 7 | | (Text of Section before amendment by P.A. 102-574 )
| 8 | | Sec. 20. Disconnection by operation of law.
| 9 | | (a) Any territory within a fire protection district that | 10 | | is or
has been annexed to a city, village or incorporated town | 11 | | that provides
fire protection for property within such city, | 12 | | village or incorporated
town is, by operation of law, | 13 | | disconnected from the fire protection
district as of the | 14 | | January first after such territory is annexed to the
city, | 15 | | village or incorporated town, or in case any such territory | 16 | | has
been so annexed prior to the effective date of this | 17 | | amendatory Act of
1965, as of January 1, 1966.
| 18 | | (b) The disconnection by operation of law does
not occur | 19 | | if, within 60 days after such annexation or after the
| 20 | | effective date of this amendatory Act of 1965, whichever is | 21 | | later, the
fire protection district files with the appropriate | 22 | | court and with the
County Clerk of each county in which the | 23 | | fire protection
district is located, a petition
alleging that |
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| 1 | | such disconnection will cause the territory remaining in
the | 2 | | district to be noncontiguous or that the loss of assessed | 3 | | valuation
by reason of such disconnection will impair the | 4 | | ability of the district
to render fully adequate fire | 5 | | protection service to the territory
remaining with the | 6 | | district. When such a petition is filed, with the
court and | 7 | | with the County Clerk of each county in which the fire
| 8 | | protection district is located, the court
shall set it for | 9 | | hearing, and further proceedings shall be held, as
provided in | 10 | | Section 15 of this Act, except that the city, village or | 11 | | incorporated
town that annexed the territory shall be a | 12 | | necessary party to the proceedings,
and it shall be served | 13 | | with summons in the manner for a party defendant
under the | 14 | | Civil Practice Law. At such hearing, the district has
the | 15 | | burden of proving the truth of the allegations in its | 16 | | petition.
| 17 | | (c) If disconnection
does not occur, then the city, | 18 | | village or incorporated town in which part
of a fire | 19 | | protection district's territory is located, is prohibited from
| 20 | | levying the tax provided for by Section 11-7-1 of the | 21 | | "Illinois Municipal
Code" in such fire protection district | 22 | | territory for services provided to
the residents of such | 23 | | territory by the fire protection district.
| 24 | | (d) If
there are any general obligation bonds of the fire | 25 | | protection district
outstanding and unpaid at the time such | 26 | | territory is disconnected from
the fire protection district by |
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| 1 | | operation of this Section, such
territory shall remain liable | 2 | | for its proportionate share of such bonded
indebtedness and | 3 | | the fire protection district may continue to levy and
extend | 4 | | taxes upon the taxable property in such territory for the | 5 | | purpose
of amortizing such bonds until such time as sufficient | 6 | | funds to retire
such bonds have been collected.
| 7 | | (e) On and after the effective date of this amendatory Act | 8 | | of
the 91st General Assembly, when territory is disconnected | 9 | | from a fire
protection district under this Section, the | 10 | | annexing municipality shall pay, on
or before December 31 of | 11 | | each year for a period of 5 years after the effective
date of | 12 | | the
disconnection, to the fire
protection district from which | 13 | | the territory was disconnected, an amount as
follows:
| 14 | | (1) In the first year after the disconnection, an | 15 | | amount equal to the real
estate tax collected on the | 16 | | property in the disconnected territory by the fire
| 17 | | protection district in the tax year immediately preceding | 18 | | the year in which the
disconnection took effect.
| 19 | | (2) In the second year after the disconnection, an | 20 | | amount equal to 80% of
the real estate tax collected on the | 21 | | property in the disconnected territory by
the
fire | 22 | | protection district in the tax year immediately preceding | 23 | | the year in
which the
disconnection took effect.
| 24 | | (3) In the third year after the disconnection, an | 25 | | amount equal to 60% of
the
real estate tax collected on the | 26 | | property in the disconnected territory by the
fire
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| 1 | | protection district in the tax year immediately preceding | 2 | | the year in which the
disconnection took effect.
| 3 | | (4) In the fourth year after the disconnection, an | 4 | | amount equal to 40% of
the real estate tax collected on the | 5 | | property in the disconnected territory by
the
fire | 6 | | protection district in the tax year immediately preceding | 7 | | the year in
which the
disconnection took effect.
| 8 | | (5) In the fifth year after the disconnection, an | 9 | | amount equal to 20% of
the
real estate tax collected on the | 10 | | property in the disconnected territory by the
fire
| 11 | | protection district in the tax year immediately preceding | 12 | | the year in which the
disconnection took effect.
| 13 | | This subsection (e) applies to a fire protection district | 14 | | only if the
corporate authorities of the district do not file a | 15 | | petition against the
disconnection under subsection (b).
| 16 | | (f) A municipality that does not timely make the payment | 17 | | required in subsection (e) and which refuses to make such | 18 | | payment within 30 days following a written demand by the fire | 19 | | protection district entitled to the payment or which causes a | 20 | | fire protection district to incur an expense in order to | 21 | | collect the amount to which it is entitled under subsection | 22 | | (e) shall, in addition to the amount due under subsection (e), | 23 | | be responsible to reimburse the fire protection district for | 24 | | all costs incurred by the fire protection district in | 25 | | collecting the amount due, including, but not limited to, | 26 | | reasonable legal fees and court costs. |
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| 1 | | (Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)
| 2 | | (Text of Section after amendment by P.A. 102-574 )
| 3 | | Sec. 20. Disconnection by operation of law.
| 4 | | (a) Any territory within a fire protection district that | 5 | | is or
has been annexed to a municipality that provides
fire | 6 | | protection for property within such city, village or | 7 | | incorporated
town is, by operation of law, disconnected from | 8 | | the fire protection
district as of the January first after | 9 | | such territory is annexed to the municipality as long as the | 10 | | municipality has conducted a response-time study that shows, | 11 | | at a minimum, estimated response times from the fire | 12 | | protection district to the territory and estimated response | 13 | | times of the municipal fire department from the territory
or | 14 | | in case any such territory has
been so annexed prior to the | 15 | | effective date of this amendatory Act of
1965, as of January 1, | 16 | | 1966.
| 17 | | (b) The disconnection by operation of law does
not occur | 18 | | if, within 60 days after such annexation or after the
| 19 | | effective date of this amendatory Act of 1965, whichever is | 20 | | later, the
fire protection district files with the appropriate | 21 | | court and with the
County Clerk of each county in which the | 22 | | fire protection
district is located, a petition
alleging that | 23 | | such disconnection will cause the territory remaining in
the | 24 | | district to be noncontiguous or that the loss of assessed | 25 | | valuation
by reason of such disconnection will impair the |
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| 1 | | ability of the district
to render fully adequate fire | 2 | | protection service to the territory
remaining with the | 3 | | district. When such a petition is filed, with the
court and | 4 | | with the County Clerk of each county in which the fire
| 5 | | protection district is located, the court
shall set it for | 6 | | hearing, and further proceedings shall be held, as
provided in | 7 | | Section 15 of this Act, except that the city, village or | 8 | | incorporated
town that annexed the territory shall be a | 9 | | necessary party to the proceedings,
and it shall be served | 10 | | with summons in the manner for a party defendant
under the | 11 | | Civil Practice Law. At such hearing, the district has
the | 12 | | burden of proving the truth of the allegations in its | 13 | | petition.
| 14 | | (c) If disconnection
does not occur, then the city, | 15 | | village or incorporated town in which part
of a fire | 16 | | protection district's territory is located, is prohibited from
| 17 | | levying the tax provided for by Section 11-7-1 of the | 18 | | "Illinois Municipal
Code" in such fire protection district | 19 | | territory for services provided to
the residents of such | 20 | | territory by the fire protection district.
| 21 | | (d) If
there are any general obligation bonds of the fire | 22 | | protection district
outstanding and unpaid at the time such | 23 | | territory is disconnected from
the fire protection district by | 24 | | operation of this Section, such
territory shall remain liable | 25 | | for its proportionate share of such bonded
indebtedness and | 26 | | the fire protection district may continue to levy and
extend |
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| 1 | | taxes upon the taxable property in such territory for the | 2 | | purpose
of amortizing such bonds until such time as sufficient | 3 | | funds to retire
such bonds have been collected.
| 4 | | (e) On and after the effective date of this amendatory Act | 5 | | of
the 91st General Assembly, when territory is disconnected | 6 | | from a fire
protection district under this Section, the | 7 | | annexing municipality shall pay, on
or before December 31 of | 8 | | each year for a period of 5 years after the effective
date of | 9 | | the
disconnection, to the fire
protection district from which | 10 | | the territory was disconnected, an amount as
follows:
| 11 | | (1) In the first year after the disconnection, an | 12 | | amount equal to the real
estate tax collected on the | 13 | | property in the disconnected territory by the fire
| 14 | | protection district in the tax year immediately preceding | 15 | | the year in which the
disconnection took effect.
| 16 | | (2) In the second year after the disconnection, an | 17 | | amount equal to 80% of
the real estate tax collected on the | 18 | | property in the disconnected territory by
the
fire | 19 | | protection district in the tax year immediately preceding | 20 | | the year in
which the
disconnection took effect.
| 21 | | (3) In the third year after the disconnection, an | 22 | | amount equal to 60% of
the
real estate tax collected on the | 23 | | property in the disconnected territory by the
fire
| 24 | | protection district in the tax year immediately preceding | 25 | | the year in which the
disconnection took effect.
| 26 | | (4) In the fourth year after the disconnection, an |
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| 1 | | amount equal to 40% of
the real estate tax collected on the | 2 | | property in the disconnected territory by
the
fire | 3 | | protection district in the tax year immediately preceding | 4 | | the year in
which the
disconnection took effect.
| 5 | | (5) In the fifth year after the disconnection, an | 6 | | amount equal to 20% of
the
real estate tax collected on the | 7 | | property in the disconnected territory by the
fire
| 8 | | protection district in the tax year immediately preceding | 9 | | the year in which the
disconnection took effect.
| 10 | | This subsection (e) applies to a fire protection district | 11 | | only if the
corporate authorities of the district do not file a | 12 | | petition against the
disconnection under subsection (b).
| 13 | | (f) A municipality that does not timely make the payment | 14 | | required in subsection (e) and which refuses to make such | 15 | | payment within 30 days following a written demand by the fire | 16 | | protection district entitled to the payment or which causes a | 17 | | fire protection district to incur an expense in order to | 18 | | collect the amount to which it is entitled under subsection | 19 | | (e) shall, in addition to the amount due under subsection (e), | 20 | | be responsible to reimburse the fire protection district for | 21 | | all costs incurred by the fire protection district in | 22 | | collecting the amount due, including, but not limited to, | 23 | | reasonable legal fees and court costs. | 24 | | (Source: P.A. 102-574, eff. 1-1-22.)
| 25 | | Section 95. No acceleration or delay. Where this Act makes |
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| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act. |
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