Bill Text: IL HB4418 | 2013-2014 | 98th General Assembly | Amended
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Bill Title: Amends the Illinois Municipal Code. Prohibits a city or village that owns, operates, or maintains any fire protection or advanced life support services facility from ceasing the operation and maintenance of these facilities unless the proposed cessation is first submitted to the voters by referendum. Amends the Fire Protection District Act. Prohibits a city or village that owns, operates, or maintains any fire protection or advanced life support services facility that is located in whole or in part within or adjacent to the corporate limits of a fire protection district from ceasing the operation and maintenance of these facilities unless the proposed cessation is first submitted to the voters by referendum. Sets forth requirements and referendum language for the dissolution. Provides for the transfer of services, operations, facilities, rights, powers, duties, assets, property, liabilities, obligations, employees and responsibilities of the dissolved fire department to the fire protection district designated by the referendum. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2014-06-25 - Public Act . . . . . . . . . 98-0666 [HB4418 Detail]
Download: Illinois-2013-HB4418-Amended.html
Bill Title: Amends the Illinois Municipal Code. Prohibits a city or village that owns, operates, or maintains any fire protection or advanced life support services facility from ceasing the operation and maintenance of these facilities unless the proposed cessation is first submitted to the voters by referendum. Amends the Fire Protection District Act. Prohibits a city or village that owns, operates, or maintains any fire protection or advanced life support services facility that is located in whole or in part within or adjacent to the corporate limits of a fire protection district from ceasing the operation and maintenance of these facilities unless the proposed cessation is first submitted to the voters by referendum. Sets forth requirements and referendum language for the dissolution. Provides for the transfer of services, operations, facilities, rights, powers, duties, assets, property, liabilities, obligations, employees and responsibilities of the dissolved fire department to the fire protection district designated by the referendum. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2014-06-25 - Public Act . . . . . . . . . 98-0666 [HB4418 Detail]
Download: Illinois-2013-HB4418-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4418
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2 | AMENDMENT NO. ______. Amend House Bill 4418 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | adding Section 10-4-12 as follows:
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6 | (65 ILCS 5/10-4-12 new) | ||||||
7 | Sec. 10-4-12. Cessation of existing municipal fire | ||||||
8 | departments.
If a city or village owns, operates, or maintains | ||||||
9 | any fire department or departments, that city or village may | ||||||
10 | not cease the operation and maintenance of that fire department | ||||||
11 | or those fire departments unless the proposed cessation is | ||||||
12 | first submitted by referendum to the voters of the city or | ||||||
13 | village as provided by subsection (b) of Section 15 of the Fire | ||||||
14 | Protection District Act.
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15 | Section 10. The Fire Protection District Act is amended by |
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1 | changing Section 11b and by adding Section 15b as follows:
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2 | (70 ILCS 705/11b) (from Ch. 127 1/2, par. 31b)
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3 | Sec. 11b.
In case any fire protection district organized | ||||||
4 | hereunder is
coterminous with or includes within its corporate | ||||||
5 | limits in whole or in
part any city, village or incorporated | ||||||
6 | town authorized to provide
protection from fire and to regulate | ||||||
7 | the prevention and control of fire
within such city, village or | ||||||
8 | incorporated town and to levy taxes for any
such purposes, then | ||||||
9 | such city, village or incorporated town shall not
exercise any | ||||||
10 | such powers as necessarily conflict with the powers to be
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11 | exercised by such district in respect to such fire protection | ||||||
12 | and
regulation within the fire protection district from and | ||||||
13 | after the date
that it receives written notice from the State | ||||||
14 | Fire Marshal
to cease or refrain from the operation of any fire
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15 | protection facilities and the exercise of such powers, which | ||||||
16 | notice
shall be given only after the State Fire Marshal
has | ||||||
17 | ascertained that the Fire Protection District has placed
its | ||||||
18 | fire protection facilities in operation. Such city, village or
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19 | incorporated town shall not thereafter own, operate, maintain, | ||||||
20 | manage,
control or have an interest in any fire protection | ||||||
21 | facilities located
within the corporate limits of the fire | ||||||
22 | protection district, except
water mains and hydrants and except | ||||||
23 | as otherwise provided in this Act. Where any city, village, or
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24 | incorporated town is in fact owning, operating, and maintaining | ||||||
25 | a fire department or fire departments located in whole or in |
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1 | part within or adjacent to
the corporate limits of a fire | ||||||
2 | protection district organized under this Act, such city, | ||||||
3 | village,
or incorporated town shall not cease operating and | ||||||
4 | maintaining the fire department or departments unless such | ||||||
5 | proposed cessation of services is first submitted by
referendum | ||||||
6 | to voters, as provided by subsection (b) of Section 15 of this | ||||||
7 | Act. In addition, where any city,
village, or incorporated town | ||||||
8 | is in fact owning, operating, and maintaining a fire department | ||||||
9 | or fire departments located within the corporate limits of a | ||||||
10 | fire protection district organized under
this Act, such city, | ||||||
11 | village, or incorporated town
The State Fire Marshal, upon | ||||||
12 | request of the
Board of Trustees of any Fire Protection | ||||||
13 | District, shall ascertain
whether the District's fire | ||||||
14 | protection facilities are in operation so
that it may supersede | ||||||
15 | the power of any city, village or incorporated
town to operate | ||||||
16 | fire protection facilities within the boundaries of the
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17 | District. Where in case any city, village or incorporated town | ||||||
18 | is in
fact owning, operating and maintaining fire protection | ||||||
19 | facilities
located within the corporate limits of a fire | ||||||
20 | protection district
organized under this Act, such city, | ||||||
21 | village or incorporated town shall
be paid and reimbursed for | ||||||
22 | its actual expenditures and for all existing
obligations | ||||||
23 | incurred, including all pension and annuity plans applicable
to | ||||||
24 | the maintenance of fire protection facilities theretofore made | ||||||
25 | in
establishing such facilities and in acquiring, | ||||||
26 | constructing, improving
or developing any such existing |
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1 | facilities in the manner provided for by
this Act. The terms of | ||||||
2 | payment shall provide for reimbursement in full
within not less | ||||||
3 | than 20 years from the date of such agreement.
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4 | (Source: P.A. 80-147.)
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5 | (70 ILCS 705/15b new) | ||||||
6 | Sec. 15b. Petition to cease operations; referendum. | ||||||
7 | (a) Any local unit of government operating a fire | ||||||
8 | department organized under the provisions of the Municipal Code | ||||||
9 | may cease the operation and maintenance of those fire | ||||||
10 | department or fire departments by submitting a referendum to | ||||||
11 | the voters served by the fire department or departments. The | ||||||
12 | referendum proposing the dissolution of the fire department or | ||||||
13 | departments shall be conducted in a manner that is consistent | ||||||
14 | with the requirements provided by subsection (a) of this | ||||||
15 | Section, except that the ballot for such election shall be in | ||||||
16 | substantially the following form: | ||||||
17 | -------------------------------------------------------------
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18 | Shall the (name of fire
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19 | department) serving the citizens within YES
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20 | (list local unit(s) of government) cease ----------------
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21 | to provide emergency services and be NO
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22 | dissolved and discontinued?
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23 | ------------------------------------------------------------- | ||||||
24 | If a majority of the votes cast on the question are in | ||||||
25 | favor of such dissolution, the court shall enter an order |
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1 | discontinuing the fire department or departments. | ||||||
2 | The rights of the employees of the dissolved fire | ||||||
3 | department or departments provided by the Personnel Code, any | ||||||
4 | applicable collective bargaining agreements, or under any | ||||||
5 | pension, retirement, or annuity plan shall not be affected by | ||||||
6 | this amendatory Act of the 98th General Assembly. | ||||||
7 | (b) A municipality that is a home rule or non-home rule | ||||||
8 | unit may not dissolve a fire department or fire departments in | ||||||
9 | a manner that is inconsistent with this Section. This Section | ||||||
10 | is a limitation under subsection (i) of Section 6 of Article | ||||||
11 | VII of the Illinois Constitution on the concurrent exercise by | ||||||
12 | home rule units of the powers and functions exercised by the | ||||||
13 | State.
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14 | Section 90. The State Mandates Act is amended by adding | ||||||
15 | Section 8.38 as follows:
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16 | (30 ILCS 805/8.38 new) | ||||||
17 | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of this Act, no reimbursement by the State is required for the | ||||||
19 | implementation of any mandate created by this amendatory Act of | ||||||
20 | the 98th General Assembly. ".
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