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| [ House Amendment 001 ] |
91_HB2130sam001
LRB9100757MWgcam01
1 AMENDMENT TO HOUSE BILL 2130
2 AMENDMENT NO. . Amend House Bill 2130 by replacing
3 the title with the following:
4 "AN ACT concerning fire protection districts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Fire Protection District Act is amended
8 by changing Section 21 as follows:
9 (70 ILCS 705/21) (from Ch. 127 1/2, par. 38.4)
10 Sec. 21. The territory of a fire protection district
11 within the limits of any city, village or incorporated town
12 may be disconnected from the district in the manner
13 hereinafter provided; (1) if more than 50% of the total
14 territory of the fire protection district is within the
15 limits of the same city, village or incorporated town filing
16 the petition for disconnection; (2) if such municipality,
17 prior to the filing of a petition to disconnect, assumes by
18 ordinance all the bonded indebtedness and other debts of the
19 fire protection district; and, (3) if such municipality,
20 prior to the filing of such petition, assumes by ordinance
21 the obligation of providing fire protection service to the
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1 remaining territory of the fire protection district
2 equivalent to the service being rendered by such district.
3 The municipality containing more than 50% of the fire
4 protection district's territory may file a petition for
5 disconnection in the circuit court of the county where the
6 district was organized, setting forth: the description of the
7 territory sought to be disconnected; that such territory
8 consists of more than 50% of the total territory of the fire
9 protection district; and that the necessary municipal
10 ordinances have been passed to assume the indebtedness of the
11 fire protection district and the obligation of furnishing
12 equivalent fire protection service for the remaining
13 territory of such district.
14 Upon the filing of the petition, the court shall set a
15 day for hearing, not less than 4 2 weeks nor more than 8 4
16 weeks from the date of filing thereof, and the court, or the
17 clerk or sheriff upon order of the court, shall give a 21 10
18 day notice of the such hearing in one or more daily or weekly
19 newspapers of general circulation in the county, or in each
20 county, wherein the district is organized and by posting at
21 least 10 copies of the notice in conspicuous places in the
22 district. The notice must describe the proposed disconnection
23 and must state that the disconnection will occur if the
24 conditions required by this Section are met unless a petition
25 signed by no fewer than 1% of the registered voters in the
26 district is filed requesting that the question of
27 disconnection be submitted to the voters of the district is
28 filed with the court at or before the hearing. The clerk of
29 the court must provide a petition form to any individual
30 requesting one. All property owners in the district and all
31 persons interested therein, may file objections, and at the
32 hearing may appear and contest the requested disconnection
33 and the matters averred in the petition, and both objectors
34 and petitioners may offer any competent evidence in regard
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1 thereto. If the court shall, upon hearing the petition, finds
2 find that any of the conditions in this Section herein
3 required for the disconnection do not exist, it shall enter
4 an order dismissing the petition. , but If the petition
5 satisfies the such conditions and no petition requesting a
6 referendum to filed with the court, the court it shall enter
7 the appropriate order for disconnection. If, however, at or
8 before the hearing a petition is filed with the court, signed
9 by no fewer than 1% of the registered voters in the district,
10 asking that the question of disconnection be submitted to the
11 voters of the district, the court shall certify the question
12 to the proper election authority, which shall submit the
13 question at an election in accordance with the Election Code.
14 The question shall be submitted in substantially the
15 following form:
16 Shall the territory of the (name of district)
17 located in (name of municipality) be disconnected from
18 the district and the responsibility for fire protection
19 in the entire district be transferred to (name of
20 municipality)?
21 The votes shall be recorded as "Yes" or "No".
22 If a majority of the voters voting on the question vote
23 in the affirmative, the court shall enter an order of
24 disconnection. If a majority of the voters voting on the
25 question vote in the negative, the court shall dismiss the
26 petition and no petition seeking disconnection may be filed
27 for a period of 3 years after the court enters its order
28 dismissing the petition.
29 The provisions of this amendatory Act of the 91st General
30 Assembly do not apply to any proceeding for a disconnection
31 for which the court has entered an order of disconnection on
32 or before the effective date of this amendatory Act of the
33 91st General Assembly. In taking any action upon the petition
34 the findings of the court shall be filed of record in the
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1 court.
2 The fire protection district shall continue in existence
3 and continue to levy and extend taxes upon the remaining
4 portion of the district at the same rate as levied and
5 extended in the year prior to the disconnection, excluding,
6 however, the amount of taxes levied in the prior year for
7 payment of a bonded indebtedness, which tax moneys, after
8 deducting the necessary operating expenses of the fire
9 protection district, shall be paid to the municipality
10 obligated to provide the fire protection service as a
11 consideration for the providing of such service. The title to
12 all property, assets and equipment of the district is
13 transferred to such municipality and is vested therein, to be
14 held, however, for the same purposes and uses, and subject to
15 the same conditions as before the transfer.
16 (Source: P.A. 83-343.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.".