Public Act 93-0364

HB1267 Enrolled                      LRB093 06466 BDD 06589 b

    AN ACT concerning fire protection.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Fire Protection District Act is amended
by changing Section 3.2 as follows:

    (70 ILCS 705/3.2) (from Ch. 127 1/2, par. 23.2)
    Sec.  3.2.  Annexation   of   surrounded   unincorporated
territory under 60 acres.
    (a)  Unincorporated territory containing 60 acres or less
that  is  wholly  bounded  by (i) one or more fire protection
districts, (ii) one or more fire protection districts and one
or more municipalities that provide fire protection  services
within  those  municipalities,  or  (iii)  one  or  more fire
protection districts, one or more municipalities that provide
fire protection services within those municipalities,  and  a
forest preserve district, may be annexed by a fire protection
district  by  which  the  territory is bounded in whole or in
part.  The annexation shall be accomplished  by  passing   an
ordinance to that effect after notice is given as provided in
this  Section.   For purposes of this Section, "municipality"
is defined as in Section  1-1-2  of  the  Illinois  Municipal
Code.
    (b)  The   board   of   trustees  of  the  annexing  fire
protection district shall  publish  notice  of  the  proposed
annexation   once,  at  least  10  days  before  passing  the
annexation ordinance, in a newspaper of  general  circulation
within  the  territory  to  be  annexed.  In addition, if the
territory to be annexed lies wholly  or  partially  within  a
township  other  than a township in which the fire protection
district is situated, the fire protection district shall give
written notice of the proposed annexation, at least  10  days
before passing the annexation ordinance, to the supervisor of
that township in which the territory to be annexed lies.  The
notice published or given under this subsection shall include
a description of the territory to be annexed and the time and
place  of the meeting at which the annexation ordinance is to
be voted on by the board of trustees.
    (c)  The  annexation   ordinance   shall   describe   the
territory  to be annexed.  A certified copy of the ordinance,
together with an accurate map of the territory to be annexed,
shall be filed with the clerk of  the  county  in  which  the
territory to be annexed lies and with the State Fire Marshal.
    (d)  (Blank.) No annexation under this Section shall take
effect  unless  the  annexation  has been first approved by a
majority of the electors residing  in  the  territory  to  be
annexed  and voting on the question at a referendum conducted
in accordance with the Election Code.
    (e)  Nothing  in  this  Section  shall  be  construed  as
permitting a fire protection district to annex territory of a
forest preserve district in a county  with  a  population  of
3,000,000 or more without obtaining the consent of the forest
preserve district under Section 8.3 of the Cook County Forest
Preserve District Act.
(Source: P.A. 87-1253.)