Bill Text: IL HB5290 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Fire Protection District Act. Provides that a home rule municipality may file a petition to disconnect fire protection district territory from the district if: the municipality's fire department services at least 80% of the municipality; the disconnection will not cause the territory of the district to be noncontiguous; and the loss of assessed valuation by reason of the disconnection of the territory will not impair the ability of the district to render adequate fire protection service to the territory remaining in the district. Provides that territory disconnected shall remain liable for its proportionate share of any bonded indebtedness outstanding as of the date of disconnection. Provides for petition, hearing, notice, and objection requirements. Further provides that if a court finds that the petition complies with the Section and that the allegations of the petition are true, the court shall order that the territory be disconnected.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5290 Detail]

Download: Illinois-2017-HB5290-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5290 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
70 ILCS 705/15c new
Amends the Fire Protection District Act. Provides that a home rule municipality may file a petition to disconnect fire protection district territory from the district if: the municipality's fire department services at least 80% of the municipality; the disconnection will not cause the territory of the district to be noncontiguous; and the loss of assessed valuation by reason of the disconnection of the territory will not impair the ability of the district to render adequate fire protection service to the territory remaining in the district. Provides that territory disconnected shall remain liable for its proportionate share of any bonded indebtedness outstanding as of the date of disconnection. Provides for petition, hearing, notice, and objection requirements. Further provides that if a court finds that the petition complies with the Section and that the allegations of the petition are true, the court shall order that the territory be disconnected.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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
adding Section 15c as follows:
(70 ILCS 705/15c new)
Sec. 15c. Disconnection of fire protection district
territory within a home rule municipality.
Whenever any property within a fire protection district is
located in a home rule municipality that provides fire service
to at least 80% of the territory within the municipality's
corporate limits, the home rule municipality may detach and
disconnect that property from the fire protection district in
the following manner:
The municipality may petition the court, setting forth in
the petition the following: a description of the property
sought to be detached and disconnected; a statement that the
detachment and disconnection will not cause the property
remaining in the district to be noncontiguous, that the loss of
assessed valuation by reason of the disconnection of the
described property will not impair the ability of the district
to render fully adequate fire protection service to the
property remaining with the district, that the property to be

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detached and disconnected will remain liable for its
proportionate share of any outstanding bonded indebtedness of
the district, and that it is a home rule municipality that
provides for its own fire service to at least 80% of the
territory within the municipality; and asking that the
described property be detached and disconnected from the fire
protection district. The petition shall be signed and sworn to
by the mayor or village president pursuant to a resolution of
the corporate authorities of the municipality authorizing the
filing of the petition.
For the purpose of meeting the requirement of this Section
that the detachment and disconnection will not cause the
remaining property to be noncontiguous, property shall be
considered to be contiguous if the only separation between
parts of the property is land owned by the United States, the
State, or any agency or instrumentality of either, or any
regional airport authority.
Upon the filing of the petition, the court shall set the
same for hearing on a day not less than 2 weeks nor more than 4
weeks from the filing thereof and shall give 2 weeks' notice of
such hearing in the manner provided in Section 1 of this Act.
The fire protection district shall be a necessary party to the
proceedings and it shall be served with summons in the manner
prescribed for a party defendant under the Civil Practice Law.
All property owners in such district, the district from which
the transfer of property is to be made, and all persons

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interested therein may file objections, and at the hearing may
appear and contest the detachment and disconnection of the
property from the fire protection district, and both objectors
and petitioners may offer any competent evidence in regard
thereto. If the court, upon hearing such petition, finds that
the petition complies with this Section 15c and that the
allegations of the petition are true the court shall enter an
order detaching and disconnecting the property from the
district, and upon entry of the order the property shall cease
to be a part of the fire protection district and shall be
serviced by the home rule municipality, except that the
property remains liable for its proportionate share of any
outstanding bonded indebtedness of the district. The circuit
clerk shall transmit a certified copy of the order to the
county clerk of each county in which any of the affected
property is situated and to the Office of the State Fire
Marshal.