Illinois-2015-SB1853-Introduced

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1853

Introduced 2/20/2015, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

See Index

Amends the Counties Code. Provides that a county with 2 or more adjoining fire protection jurisdictions, or 2 or more adjoining law enforcement jurisdictions (municipal police departments and township enforcement offices), lying wholly within the county's borders may consolidate the adjoining fire protection jurisdictions or the law

enforcement jurisdictions by (i) adoption of a
resolution by the county

board or (ii) filing a petition (subject to the petition requirements of

Section 28-3 of the Election Code) with the county
board signed by at least

10% of the registered voters of each fire protection or law enforcement jurisdiction. Provides for filing, form, and notice requirements for petitions, resolutions, and referendum. Provides that if a consolidation referendum passes, the fire protection or law enforcement jurisdictions will continue to function as separate entities until a Board of Fire or Police Commissioners are appointed by the county board with the consent of all municipal and township boards. Once the Board of Fire or Police Commissioners is appointed, provides that the new consolidated fire protection or law enforcement jurisdiction shall have all the powers, rights, duties and obligations of the fire protection or law enforcement

jurisdictions from which it was consolidated.

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FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning local government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Counties Code is amended by adding Divisions

5 5-45 and 5-46 as follows:

6 (55 ILCS 5/Div. 5-45 new)

7 Division 5-45.

8 Consolidation of Fire Protection Jurisdictions

9 (55 ILCS 5/5-45005 new)

10 Sec. 5-45005. Definitions. As used in this Section:

11 "Fire protection jurisdiction" means a fire protection

12 district, municipal fire department, or service organized

13 under Section 5-1056.1 of this Code, Article 195 or 200 of the

14 Township Code, Section 10-2.1 of the Illinois Municipal Code,

15 or the Fire Protection District Act.

16 "Consolidated fire protection jurisdiction" means the new

17 fire protection district created after a passed referendum

18 pursuant to Section 5-45015.

19 (55 ILCS 5/5-45010 new)

20 Sec. 5-45010. Consolidation of fire protection

21 jurisdictions by referendum. In addition to the means of

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1 consolidation provided under the Fire Protection District Act,

2 the Regional Fire Protection Agency Act, or any other statute,

3 a county with 2 or more adjoining fire protection jurisdictions

4 lying wholly within the county's borders may consolidate the

5 adjoining fire protection jurisdictions by (i) adoption of a

6 resolution by the county board or (ii) filing a petition

7 (subject to the petition requirements of Section 28-3 of the

8 Election Code) with the county board signed by at least 10% of

9 the registered voters of each fire protection jurisdiction.

10 Upon adoption of the resolution or filing of the petition, as

11 the case may be, the county board shall certify the question to

12 the appropriate election officials and the resolution or

13 petition shall be filed with the county clerk not less than 79

14 days prior to the general election in which the referendum will

15 appear.

16 (55 ILCS 5/5-45015 new)

17 Sec. 5-45015. Referendum; notification of Office of the

18 State Fire Marshal.

19 (a) If a petition or a referendum is filed with the county

20 clerk that meets the requirements of Section 5-45010, a

21 referendum, subject to the requirements of Section 16-7 of the

22 Election Code shall, shall be placed on the ballot at the next

23 general election in substantially the following form:

24 Shall (name of fire protection jurisdiction) be

25 consolidated with (name of fire protection jurisdiction)

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1 to organize to become (name of consolidated fire protection

2 jurisdiction)?

3 The referendum is approved when a majority of the voters

4 approve the referendum.

5 (b) Within 10 days after a petition or referendum is filed

6 with the county clerk that meets the requirements of Section

7 5-45010, the county clerk shall notify the Office of the State

8 Fire Marshal that the referendum shall be placed on the ballot

9 at the next general election.

10 (55 ILCS 5/5-45020 new)

11 Sec. 5-45020. Cessation of fire protection jurisdictions;

12 Board of Fire Commissioners; consolidated fire protection

13 jurisdiction.

14 (a) After passage of a referendum pursuant to Section

15 5-45015, the fire protection jurisdictions of the consolidated

16 fire protection jurisdiction shall continue to operate as

17 separate entities until all members of the Board of Fire

18 Commissioners are appointed and qualified pursuant to this

19 Section.

20 (b) Within 90 days after passage of a referendum pursuant

21 to Section 5-45015, the county board shall appoint 3

22 commissioners to a Board of Fire Commissioners of the

23 consolidated fire protection jurisdiction. Those commissioners

24 shall serve 3-year terms until their successors are appointed

25 by the county board and qualified. All appointments to the

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1 Board of Fire Commissioners shall have the approval of the

2 corporate authorities of each township or municipality in which

3 the consolidated fire protection jurisdiction is located, by a

4 majority vote of each corporate authority.

5 (c) After the Board of Fire Commissioners has been

6 appointed and qualified pursuant to this Section, the fire

7 protection jurisdictions shall cease and the consolidated fire

8 protection jurisdiction shall have all the powers, rights,

9 duties, and obligations of the fire protection jurisdictions

10 from which it was consolidated.

11 55 ILCS 5/Div. 5-46 new

12 Division 5-46.

13 Consolidation of Law Enforcement Jurisdictions

14 (55 ILCS 5/5-46005 new)

15 Sec. 5-46005. Definitions. As used in this Section:

16 "Law enforcement jurisdiction" means municipal police

17 departments and township enforcement offices.

18 "Consolidated law enforcement jurisdiction" means the new

19 law enforcement jurisdiction created after a passed referendum

20 pursuant to Section 5-46015.

21 (55 ILCS 5/5-46010 new)

22 Sec. 5-46010. Consolidation of law enforcement

23 jurisdictions by referendum. In addition to the means of

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1 consolidation of any law enforcement jurisdiction provided

2 under any other statute, a county with 2 or more adjoining law

3 enforcement jurisdictions lying wholly within the county's

4 borders may consolidate the adjoining law enforcement

5 jurisdictions by (i) adoption of a resolution by the county

6 board or (ii) filing a petition (subject to the petition

7 requirements of Section 28-3 of the Election Code) with the

8 county board signed by at least 10% of the registered voters of

9 each law enforcement jurisdiction. Upon adoption of the

10 resolution or filing of the petition, as the case may be, the

11 county board shall certify the question to the appropriate

12 election officials and the resolution or petition shall be

13 filed with the county clerk not less than 79 days prior to the

14 general election in which the referendum will appear.

15 (55 ILCS 5/5-46015 new)

16 Sec. 5-46015. Referendum. If a petition or a referendum is

17 filed with the county clerk that meets the requirements of

18 Section 5-46010, a referendum, subject to the requirements of

19 Section 16-7 of the Election Code, shall be placed on the

20 ballot at the next general election in substantially the

21 following form:

22 Shall (name of law enforcement jurisdiction) be

23 consolidated with (name of law enforcement jurisdiction)

24 to organize to become (name of consolidated law enforcement

25 jurisdiction)?

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1 The referendum is approved when a majority of the voters

2 approve the referendum.

3 (55 ILCS 5/5-46020 new)

4 Sec. 5-46020. Cessation of law enforcement jurisdictions;

5 Board of Police Commissioners; consolidated law enforcement

6 jurisdiction.

7 (a) After passage of a referendum pursuant to Section

8 5-46015, the law enforcement jurisdictions of the consolidated

9 law enforcement jurisdiction shall continue to operate as

10 separate entities until all members of the Board of Police

11 Commissioners are appointed and qualified pursuant to this

12 Section.

13 (b) Within 90 days after passage of a referendum pursuant

14 to Section 5-46015, the county board shall appoint 3

15 commissioners to a Board of Police Commissioners of the

16 consolidated law enforcement jurisdiction. Those Commissioners

17 shall serve 3-year terms until their successors are appointed

18 by the county board and qualified. All appointments to the

19 Board of Police Commissioners shall have the approval of the

20 corporate authorities of each municipality or township in which

21 the consolidated law enforcement jurisdiction is located, by a

22 majority vote of each corporate authority.

23 (c) After the Board of Police Commissioners has been

24 appointed and qualified pursuant to this Section, the law

25 enforcement jurisdictions shall cease and the consolidated law

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1 enforcement jurisdiction shall have all the powers, rights,

2 duties, and obligations of the law enforcement jurisdictions

3 from which it was consolidated.

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INDEX

Statutes amended in order of appearance