Full Text of HB5610 99th General Assembly
HB5610enr 99TH GENERAL ASSEMBLY |
| | HB5610 Enrolled | | LRB099 19378 AWJ 43770 b |
|
| 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 11b as follows:
| 6 | | (70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
| 7 | | Sec. 11b.
(a) In case any fire protection district | 8 | | organized hereunder is
coterminous with or includes within its | 9 | | corporate limits in whole or in
part any city, village or | 10 | | incorporated town authorized to provide
protection from fire | 11 | | and to regulate the prevention and control of fire
within such | 12 | | city, village or incorporated town and to levy taxes for any
| 13 | | such purposes, then such city, village or incorporated town | 14 | | shall not
exercise any such powers as necessarily conflict with | 15 | | the powers to be
exercised by such district in respect to such | 16 | | fire protection and
regulation within the fire protection | 17 | | district from and after the date
that it receives written | 18 | | notice from the State Fire Marshal
to cease or refrain from the | 19 | | operation of any fire
protection facilities and the exercise of | 20 | | such powers, which notice
shall be given only after the State | 21 | | Fire Marshal
has ascertained that the Fire Protection District | 22 | | has placed
its fire protection facilities in operation. Such | 23 | | city, village or
incorporated town shall not thereafter own, |
| | | HB5610 Enrolled | - 2 - | LRB099 19378 AWJ 43770 b |
|
| 1 | | operate, maintain, manage,
control or have an interest in any | 2 | | fire protection facilities located
within the corporate limits | 3 | | of the fire protection district, except
water mains and | 4 | | hydrants and except as otherwise provided in this Act. Where | 5 | | any city, village, or
incorporated town with 500 or more | 6 | | residents is in fact owning, operating, and maintaining a fire | 7 | | department or fire departments located in whole or in part | 8 | | within or adjacent to
the corporate limits of a fire protection | 9 | | district organized under this Act, such city, village,
or | 10 | | incorporated town shall not cease operating and maintaining the | 11 | | fire department or departments unless such proposed cessation | 12 | | of services is first submitted by
referendum to voters, as | 13 | | provided by Section 15b of this Act. In addition, where any | 14 | | city,
village, or incorporated town is in fact owning, | 15 | | operating, and maintaining a fire department or fire | 16 | | departments located within the corporate limits of a fire | 17 | | protection district organized under
this Act, such city, | 18 | | village, or incorporated town
shall
be paid and reimbursed for | 19 | | its actual expenditures and for all existing
obligations | 20 | | incurred, including all pension and annuity plans applicable
to | 21 | | the maintenance of fire protection facilities theretofore made | 22 | | in
establishing such facilities and in acquiring, | 23 | | constructing, improving
or developing any such existing | 24 | | facilities in the manner provided for by
this Act. The terms of | 25 | | payment shall provide for reimbursement in full
within not less | 26 | | than 20 years from the date of such agreement.
|
| | | HB5610 Enrolled | - 3 - | LRB099 19378 AWJ 43770 b |
|
| 1 | | (b) Notwithstanding subsection (a) of this Section, no fire | 2 | | protection district adjacent to any city, village, or | 3 | | incorporated town will be required to assume responsibility for | 4 | | fire protection or other emergency services to such city, | 5 | | village, or incorporated town which discontinues its municipal | 6 | | fire department under Section 15b of this Act unless the Board | 7 | | of Trustees of the adjacent fire protection district has by | 8 | | resolution, ordinance, or intergovernmental agreement, agreed | 9 | | to provide such services. | 10 | | (Source: P.A. 98-666, eff. 1-1-15; 99-78, eff. 7-20-15.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
|
|