Public Act 099-0837
 
HB5610 EnrolledLRB099 19378 AWJ 43770 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 Fire Protection District Act is amended by
changing Section 11b as follows:
 
    (70 ILCS 705/11b)  (from Ch. 127 1/2, par. 31b)
    Sec. 11b. (a) 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 more
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 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.
    (b) Notwithstanding subsection (a) of this Section, no fire
protection district adjacent to any city, village, or
incorporated town will be required to assume responsibility for
fire protection or other emergency services to such city,
village, or incorporated town which discontinues its municipal
fire department under Section 15b of this Act unless the Board
of Trustees of the adjacent fire protection district has by
resolution, ordinance, or intergovernmental agreement, agreed
to provide such services.
(Source: P.A. 98-666, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2016