Illinois General Assembly - Full Text of Public Act 098-0666
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Public Act 098-0666


 

Public Act 0666 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0666
 
HB4418 EnrolledLRB098 16296 JLK 51356 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by adding
Section 10-4-12 as follows:
 
    (65 ILCS 5/10-4-12 new)
    Sec. 10-4-12. Cessation of existing municipal fire
departments. If a city or village with 500 or more residents
owns, operates, or maintains any fire department or
departments, that city or village may not cease the operation
and maintenance of that fire department or those fire
departments unless the proposed cessation is first submitted by
referendum to the voters of the city or village as provided by
Section 15b of the Fire Protection District Act.
 
    Section 10. The Fire Protection District Act is amended by
changing Section 11b and by adding Section 15b as follows:
 
    (70 ILCS 705/11b)  (from Ch. 127 1/2, par. 31b)
    Sec. 11b. In case any fire protection district organized
hereunder is coterminous with or includes within its corporate
limits in whole or in part any city, village or incorporated
town authorized to provide protection from fire and to regulate
the prevention and control of fire within such city, village or
incorporated town and to levy taxes for any such purposes, then
such city, village or incorporated town shall not exercise any
such powers as necessarily conflict with the powers to be
exercised by such district in respect to such fire protection
and regulation within the fire protection district from and
after the date that it receives written notice from the State
Fire Marshal to cease or refrain from the operation of any fire
protection facilities and the exercise of such powers, which
notice shall be given only after the State Fire Marshal has
ascertained that the Fire Protection District has placed its
fire protection facilities in operation. Such city, village or
incorporated town shall not thereafter own, operate, maintain,
manage, control or have an interest in any fire protection
facilities located within the corporate limits of the fire
protection district, except water mains and hydrants and except
as otherwise provided in this Act. Where any city, village, or
incorporated town with 500 or mre residents is in fact owning,
operating, and maintaining a fire department or fire
departments located in whole or in part within or adjacent to
the corporate limits of a fire protection district organized
under this Act, such city, village, or incorporated town shall
not cease operating and maintaining the fire department or
departments unless such proposed cessation of services is first
submitted by referendum to voters, as provided by Section 15b
of this Act. In addition, where any city, village, or
incorporated town is in fact owning, operating, and maintaining
a fire department or fire departments located within the
corporate limits of a fire protection district organized under
this Act, such city, village, or incorporated town The State
Fire Marshal, upon request of the Board of Trustees of any Fire
Protection District, shall ascertain whether the District's
fire protection facilities are in operation so that it may
supersede the power of any city, village or incorporated town
to operate fire protection facilities within the boundaries of
the District. Where in case any city, village or incorporated
town is in fact owning, operating and maintaining fire
protection facilities located within the corporate limits of a
fire protection district organized under this Act, such city,
village or incorporated town shall be paid and reimbursed for
its actual expenditures and for all existing obligations
incurred, including all pension and annuity plans applicable to
the maintenance of fire protection facilities theretofore made
in establishing such facilities and in acquiring,
constructing, improving or developing any such existing
facilities in the manner provided for by this Act. The terms of
payment shall provide for reimbursement in full within not less
than 20 years from the date of such agreement.
(Source: P.A. 80-147.)
 
    (70 ILCS 705/15b new)
    Sec. 15b. Petition to cease operations; referendum.
    (a) Any local unit of government serving 500 or more
residents operating a fire department organized under the
provisions of the Municipal Code may cease the operation and
maintenance of the fire department or fire departments by
submitting a referendum to the voters served by the fire
department or departments. The referendum proposing the
dissolution of the fire department or departments shall be
conducted in a manner that is consistent with the requirements
provided by subsection (a) of this Section, except that the
ballot for such election shall be in substantially the
following form:
------------------------------------------------------------- 
    Shall the (name of fire 
department) serving the citizens with         YES 
(list local unit(s) of government) cease    ------------------------------------------------------------- 
to provide emergency services and be          NO 
dissolved and discontinued? 
------------------------------------------------------------- 
    If a majority of the votes cast on the question are in
favor of such dissolution, the court shall enter an order
discontinuing the fire department or departments.
    The rights of the employees of the dissolved fire
department or departments provided by the Personnel Code, any
applicable collective bargaining agreements, or under any
pension, retirement, or annuity plan shall not be affected by
this amendatory Act of the 98th General Assembly.
    (b) A municipality that is a home rule or non-home rule
unit may not dissolve a fire department or fire departments in
a manner that is inconsistent with this Section. This Section
is a limitation under subsection (i) of Section 6 of Article
VII of the Illinois Constitution on the concurrent exercise by
home rule units of the powers and functions exercised by the
State.
 
    Section 90. The State Mandates Act is amended by adding
Section 8.38 as follows:
 
    (30 ILCS 805/8.38 new)
    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 98th General Assembly.

Effective Date: 1/1/2015