Bill Text: IL SB1410 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Fire Protection District Act. In provisions relating to amounts a municipality must pay to a fire protection district after disconnection of district territory, provides that a municipality which does not timely make the payment required 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 shall, in addition to the amount due, 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-07-16 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1410 Detail]
Download: Illinois-2021-SB1410-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing Section 20 as follows:
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6 | (70 ILCS 705/20) (from Ch. 127 1/2, par. 38.3)
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7 | Sec. 20. Disconnection by operation of law.
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8 | (a) Any territory within a fire protection district that | ||||||
9 | is or
has been annexed to a city, village or incorporated town | ||||||
10 | that provides
fire protection for property within such city, | ||||||
11 | village or incorporated
town is, by operation of law, | ||||||
12 | disconnected from the fire protection
district as of the | ||||||
13 | January first after such territory is annexed to the
city, | ||||||
14 | village or incorporated town, or in case any such territory | ||||||
15 | has
been so annexed prior to the effective date of this | ||||||
16 | amendatory Act of
1965, as of January 1, 1966.
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17 | (b) The disconnection by operation of law does
not occur | ||||||
18 | if, within 60 days after such annexation or after the
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19 | effective date of this amendatory Act of 1965, whichever is | ||||||
20 | later, the
fire protection district files with the appropriate | ||||||
21 | court and with the
County Clerk of each county in which the | ||||||
22 | fire protection
district is located, a petition
alleging that | ||||||
23 | such disconnection will cause the territory remaining in
the |
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1 | district to be noncontiguous or that the loss of assessed | ||||||
2 | valuation
by reason of such disconnection will impair the | ||||||
3 | ability of the district
to render fully adequate fire | ||||||
4 | protection service to the territory
remaining with the | ||||||
5 | district. When such a petition is filed, with the
court and | ||||||
6 | with the County Clerk of each county in which the fire
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7 | protection district is located, the court
shall set it for | ||||||
8 | hearing, and further proceedings shall be held, as
provided in | ||||||
9 | Section 15 of this Act, except that the city, village or | ||||||
10 | incorporated
town that annexed the territory shall be a | ||||||
11 | necessary party to the proceedings,
and it shall be served | ||||||
12 | with summons in the manner for a party defendant
under the | ||||||
13 | Civil Practice Law. At such hearing, the district has
the | ||||||
14 | burden of proving the truth of the allegations in its | ||||||
15 | petition.
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16 | (c) If disconnection
does not occur, then the city, | ||||||
17 | village or incorporated town in which part
of a fire | ||||||
18 | protection district's territory is located, is prohibited from
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19 | levying the tax provided for by Section 11-7-1 of the | ||||||
20 | "Illinois Municipal
Code" in such fire protection district | ||||||
21 | territory for services provided to
the residents of such | ||||||
22 | territory by the fire protection district.
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23 | (d) If
there are any general obligation bonds of the fire | ||||||
24 | protection district
outstanding and unpaid at the time such | ||||||
25 | territory is disconnected from
the fire protection district by | ||||||
26 | operation of this Section, such
territory shall remain liable |
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1 | for its proportionate share of such bonded
indebtedness and | ||||||
2 | the fire protection district may continue to levy and
extend | ||||||
3 | taxes upon the taxable property in such territory for the | ||||||
4 | purpose
of amortizing such bonds until such time as sufficient | ||||||
5 | funds to retire
such bonds have been collected.
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6 | (e) On and after the effective date of this amendatory Act | ||||||
7 | of
the 91st General Assembly, when territory is disconnected | ||||||
8 | from a fire
protection district under this Section, the | ||||||
9 | annexing municipality shall pay, on
or before December 31 of | ||||||
10 | each year for a period of 5 years after the effective
date of | ||||||
11 | the
disconnection, to the fire
protection district from which | ||||||
12 | the territory was disconnected, an amount as
follows:
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13 | (1) In the first year after the disconnection, an | ||||||
14 | amount equal to the real
estate tax collected on the | ||||||
15 | property in the disconnected territory by the fire
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16 | protection district in the tax year immediately preceding | ||||||
17 | the year in which the
disconnection took effect.
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18 | (2) In the second year after the disconnection, an | ||||||
19 | amount equal to 80% of
the real estate tax collected on the | ||||||
20 | property in the disconnected territory by
the
fire | ||||||
21 | protection district in the tax year immediately preceding | ||||||
22 | the year in
which the
disconnection took effect.
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23 | (3) In the third year after the disconnection, an | ||||||
24 | amount equal to 60% of
the
real estate tax collected on the | ||||||
25 | property in the disconnected territory by the
fire
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26 | protection district in the tax year immediately preceding |
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1 | the year in which the
disconnection took effect.
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2 | (4) In the fourth year after the disconnection, an | ||||||
3 | amount equal to 40% of
the real estate tax collected on the | ||||||
4 | property in the disconnected territory by
the
fire | ||||||
5 | protection district in the tax year immediately preceding | ||||||
6 | the year in
which the
disconnection took effect.
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7 | (5) In the fifth year after the disconnection, an | ||||||
8 | amount equal to 20% of
the
real estate tax collected on the | ||||||
9 | property in the disconnected territory by the
fire
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10 | protection district in the tax year immediately preceding | ||||||
11 | the year in which the
disconnection took effect.
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12 | This subsection (e) applies to a fire protection district | ||||||
13 | only if the
corporate authorities of the district do not file a | ||||||
14 | petition against the
disconnection under subsection (b). | ||||||
15 | (f) A municipality which does not timely make the payment | ||||||
16 | required in subsection (e) and which refuses to make such | ||||||
17 | payment within 30 days following a written demand by the fire | ||||||
18 | protection district entitled to the payment or which causes a | ||||||
19 | fire protection district to incur an expense in order to | ||||||
20 | collect the amount to which it is entitled under subsection | ||||||
21 | (e) shall, in addition to the amount due under subsection (e), | ||||||
22 | be responsible to reimburse the fire protection district for | ||||||
23 | all costs incurred by the fire protection district in | ||||||
24 | collecting the amount due, including, but not limited to, | ||||||
25 | reasonable legal fees and court costs.
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26 | (Source: P.A. 91-307, eff. 1-1-00; 91-917, eff. 1-1-01.)
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