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| Public Act 102-0773 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Protection District Act is amended by | ||||
changing Section 20 as follows:
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(70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
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(Text of Section before amendment by P.A. 102-574)
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Sec. 20. Disconnection by operation of law.
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(a) Any territory within a fire protection district that | ||||
is or
has been annexed to a city, village or incorporated town | ||||
that provides
fire protection for property within such city, | ||||
village or incorporated
town is, by operation of law, | ||||
disconnected from the fire protection
district as of the | ||||
January first after such territory is annexed to the
city, | ||||
village or incorporated town, or in case any such territory | ||||
has
been so annexed prior to the effective date of this | ||||
amendatory Act of
1965, as of January 1, 1966.
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(b) The disconnection by operation of law does
not occur | ||||
if, within 60 days after such annexation or after the
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effective date of this amendatory Act of 1965, whichever is | ||||
later, the
fire protection district files with the appropriate | ||||
court and with the
County Clerk of each county in which the | ||||
fire protection
district is located, a petition
alleging that | ||||
such disconnection will cause the territory remaining in
the | ||
district to be noncontiguous or that the loss of assessed | ||
valuation
by reason of such disconnection will impair the | ||
ability of the district
to render fully adequate fire | ||
protection service to the territory
remaining with the | ||
district. When such a petition is filed, with the
court and | ||
with the County Clerk of each county in which the fire
| ||
protection district is located, the court
shall set it for | ||
hearing, and further proceedings shall be held, as
provided in | ||
Section 15 of this Act, except that the city, village or | ||
incorporated
town that annexed the territory shall be a | ||
necessary party to the proceedings,
and it shall be served | ||
with summons in the manner for a party defendant
under the | ||
Civil Practice Law. At such hearing, the district has
the | ||
burden of proving the truth of the allegations in its | ||
petition.
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(c) If disconnection
does not occur, then the city, | ||
village or incorporated town in which part
of a fire | ||
protection district's territory is located, is prohibited from
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levying the tax provided for by Section 11-7-1 of the | ||
"Illinois Municipal
Code" in such fire protection district | ||
territory for services provided to
the residents of such | ||
territory by the fire protection district.
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(d) If
there are any general obligation bonds of the fire | ||
protection district
outstanding and unpaid at the time such | ||
territory is disconnected from
the fire protection district by | ||
operation of this Section, such
territory shall remain liable | ||
for its proportionate share of such bonded
indebtedness and | ||
the fire protection district may continue to levy and
extend | ||
taxes upon the taxable property in such territory for the | ||
purpose
of amortizing such bonds until such time as sufficient | ||
funds to retire
such bonds have been collected.
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(e) On and after the effective date of this amendatory Act | ||
of
the 91st General Assembly, when territory is disconnected | ||
from a fire
protection district under this Section, the | ||
annexing municipality shall pay, on
or before December 31 of | ||
each year for a period of 5 years after the effective
date of | ||
the
disconnection, to the fire
protection district from which | ||
the territory was disconnected, an amount as
follows:
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(1) In the first year after the disconnection, an | ||
amount equal to the real
estate tax collected on the | ||
property in the disconnected territory by the fire
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protection district in the tax year immediately preceding | ||
the year in which the
disconnection took effect.
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(2) In the second year after the disconnection, an | ||
amount equal to 80% of
the real estate tax collected on the | ||
property in the disconnected territory by
the
fire | ||
protection district in the tax year immediately preceding | ||
the year in
which the
disconnection took effect.
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(3) In the third year after the disconnection, an | ||
amount equal to 60% of
the
real estate tax collected on the | ||
property in the disconnected territory by the
fire
| ||
protection district in the tax year immediately preceding | ||
the year in which the
disconnection took effect.
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(4) In the fourth year after the disconnection, an | ||
amount equal to 40% of
the real estate tax collected on the | ||
property in the disconnected territory by
the
fire | ||
protection district in the tax year immediately preceding | ||
the year in
which the
disconnection took effect.
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(5) In the fifth year after the disconnection, an | ||
amount equal to 20% of
the
real estate tax collected on the | ||
property in the disconnected territory by the
fire
| ||
protection district in the tax year immediately preceding | ||
the year in which the
disconnection took effect.
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This subsection (e) applies to a fire protection district | ||
only if the
corporate authorities of the district do not file a | ||
petition against the
disconnection under subsection (b).
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(f) A municipality that does not timely make the payment | ||
required in subsection (e) and which refuses to make such | ||
payment within 30 days following a written demand by the fire | ||
protection district entitled to the payment or which causes a | ||
fire protection district to incur an expense in order to | ||
collect the amount to which it is entitled under subsection | ||
(e) shall, in addition to the amount due under subsection (e), | ||
be responsible to reimburse the fire protection district for | ||
all costs incurred by the fire protection district in | ||
collecting the amount due, including, but not limited to, | ||
reasonable legal fees and court costs. | ||
(Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)
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(Text of Section after amendment by P.A. 102-574)
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Sec. 20. Disconnection by operation of law.
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(a) Any territory within a fire protection district that | ||
is or
has been annexed to a municipality that provides
fire | ||
protection for property within such city, village or | ||
incorporated
town is, by operation of law, disconnected from | ||
the fire protection
district as of the January first after | ||
such territory is annexed to the municipality as long as the | ||
municipality has conducted a response-time study that shows, | ||
at a minimum, estimated response times from the fire | ||
protection district to the territory and estimated response | ||
times of the municipal fire department from the territory
or | ||
in case any such territory has
been so annexed prior to the | ||
effective date of this amendatory Act of
1965, as of January 1, | ||
1966.
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(b) The disconnection by operation of law does
not occur | ||
if, within 60 days after such annexation or after the
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effective date of this amendatory Act of 1965, whichever is | ||
later, the
fire protection district files with the appropriate | ||
court and with the
County Clerk of each county in which the | ||
fire protection
district is located, a petition
alleging that | ||
such disconnection will cause the territory remaining in
the | ||
district to be noncontiguous or that the loss of assessed | ||
valuation
by reason of such disconnection will impair the | ||
ability of the district
to render fully adequate fire | ||
protection service to the territory
remaining with the | ||
district. When such a petition is filed, with the
court and | ||
with the County Clerk of each county in which the fire
| ||
protection district is located, the court
shall set it for | ||
hearing, and further proceedings shall be held, as
provided in | ||
Section 15 of this Act, except that the city, village or | ||
incorporated
town that annexed the territory shall be a | ||
necessary party to the proceedings,
and it shall be served | ||
with summons in the manner for a party defendant
under the | ||
Civil Practice Law. At such hearing, the district has
the | ||
burden of proving the truth of the allegations in its | ||
petition.
| ||
(c) If disconnection
does not occur, then the city, | ||
village or incorporated town in which part
of a fire | ||
protection district's territory is located, is prohibited from
| ||
levying the tax provided for by Section 11-7-1 of the | ||
"Illinois Municipal
Code" in such fire protection district | ||
territory for services provided to
the residents of such | ||
territory by the fire protection district.
| ||
(d) If
there are any general obligation bonds of the fire | ||
protection district
outstanding and unpaid at the time such | ||
territory is disconnected from
the fire protection district by | ||
operation of this Section, such
territory shall remain liable | ||
for its proportionate share of such bonded
indebtedness and | ||
the fire protection district may continue to levy and
extend | ||
taxes upon the taxable property in such territory for the | ||
purpose
of amortizing such bonds until such time as sufficient | ||
funds to retire
such bonds have been collected.
| ||
(e) On and after the effective date of this amendatory Act | ||
of
the 91st General Assembly, when territory is disconnected | ||
from a fire
protection district under this Section, the | ||
annexing municipality shall pay, on
or before December 31 of | ||
each year for a period of 5 years after the effective
date of | ||
the
disconnection, to the fire
protection district from which | ||
the territory was disconnected, an amount as
follows:
| ||
(1) In the first year after the disconnection, an | ||
amount equal to the real
estate tax collected on the | ||
property in the disconnected territory by the fire
| ||
protection district in the tax year immediately preceding | ||
the year in which the
disconnection took effect.
| ||
(2) In the second year after the disconnection, an | ||
amount equal to 80% of
the real estate tax collected on the | ||
property in the disconnected territory by
the
fire | ||
protection district in the tax year immediately preceding | ||
the year in
which the
disconnection took effect.
| ||
(3) In the third year after the disconnection, an | ||
amount equal to 60% of
the
real estate tax collected on the | ||
property in the disconnected territory by the
fire
| ||
protection district in the tax year immediately preceding | ||
the year in which the
disconnection took effect.
| ||
(4) In the fourth year after the disconnection, an | ||
amount equal to 40% of
the real estate tax collected on the | ||
property in the disconnected territory by
the
fire | ||
protection district in the tax year immediately preceding | ||
the year in
which the
disconnection took effect.
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(5) In the fifth year after the disconnection, an | ||
amount equal to 20% of
the
real estate tax collected on the | ||
property in the disconnected territory by the
fire
| ||
protection district in the tax year immediately preceding | ||
the year in which the
disconnection took effect.
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This subsection (e) applies to a fire protection district | ||
only if the
corporate authorities of the district do not file a | ||
petition against the
disconnection under subsection (b).
| ||
(f) A municipality that does not timely make the payment | ||
required in subsection (e) and which refuses to make such | ||
payment within 30 days following a written demand by the fire | ||
protection district entitled to the payment or which causes a | ||
fire protection district to incur an expense in order to | ||
collect the amount to which it is entitled under subsection | ||
(e) shall, in addition to the amount due under subsection (e), | ||
be responsible to reimburse the fire protection district for | ||
all costs incurred by the fire protection district in | ||
collecting the amount due, including, but not limited to, | ||
reasonable legal fees and court costs. | ||
(Source: P.A. 102-574, eff. 1-1-22.)
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Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act. | ||