Bill Text: IL HB5166 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that the Elk Grove Rural Fire Protection District is dissolved by operation of law effective immediately upon the occurrence of specified conditions (rather than on July 31, 2024). Appoints the president of the board of trustees of the Elk Grove Rural Fire Protection District serving on October 1, 2023 and the mayor of the Village of Mount Prospect to close up the business affairs of the Elk Grove Rural Fire Protection District, needing unanimous agreement to approve actions. After the District is dissolved, allows any bank or other financial institution at which the District has accounts to transfer, upon presentment of a certified copy of the resolution passed by the Cook County Board of Commissioners approving the accounting, the funds in the District's accounts to the Village of Mount Prospect. Provides that, notwithstanding the Special Service Area Tax Law, the special service area created by the Village of Mount Prospect and approved by Cook County in order to take the place of the Elk Grove Rural Fire Protection District's tax levy after dissolution shall not require geographical contiguity. Removes provisions about the District delegating its authority and obligations to one or more authorized delegees and other provisions about winding up the affairs of the District after dissolution. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2024-07-01 - Effective Date July 1, 2024 [HB5166 Detail]

Download: Illinois-2023-HB5166-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5166 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
70 ILCS 705/15e new
Amends the Fire Protection District Act. Provides that the Elk Grove Rural Fire Protection District shall be dissolved by operation of law on July 31, 2024. Includes procedures relating to winding up the district, including appointment of a trustee-in-dissolution or receiver to take the place of the board of trustees of the District and wind up the district. Provides that, notwithstanding any other provision of law, board of trustee members of the Elk Grove Rural Fire Protection District serving on October 1, 2023 shall continue as trustees until dissolution of the Elk Grove Rural Fire Protection District or termination of their terms by the appointment of a trustee-in-dissolution or receiver. Provides for the reinstatement of the terms of any trustee serving on October 1, 2023 whose term expired or whose term was vacated between October 1, 2023 and the effective date of the amendatory Act. Effective immediately.
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A BILL FOR
HB5166 LRB103 39246 AWJ 69398 b
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 15e as follows:
(70 ILCS 705/15e new)
Sec. 15e. Dissolution of Elk Grove Rural Fire Protection
District.
(a) The Elk Grove Rural Fire Protection District shall be
dissolved by operation of law on July 31, 2024. The Board of
Trustees of the Elk Grove Rural Fire Protection District shall
close up the business affairs of the Elk Grove Rural Fire
Protection District, including by discharging all of the Elk
Grove Rural Fire Protection District's liabilities and
conveying title of the Elk Grove Rural Fire Protection
District's real and personal property in accordance with the
agreement entered into between the Elk Grove Rural Fire
Protection District, the Village of Mount Prospect, and Elk
Grove Township.
After all the debts and obligations of the Elk Grove Rural
Fire Protection District have been satisfied, any remaining
money of the Elk Grove Rural Fire Protection District shall be
transferred to the Village of Mount Prospect on or before July

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31, 2024 in accordance with the agreement entered into between
the Elk Grove Rural Fire Protection District, the Village of
Mount Prospect, and Elk Grove Township.
The Board of Trustees of the Elk Grove Rural Fire
Protection District may adopt one or more resolutions
delegating its authority and obligations to close up the
business affairs of the Elk Grove Rural Fire Protection
District to one or more authorized delegees, who, upon
adoption of such resolution or resolutions and approval of a
court under subsection (c), shall have all the power of the
Board of Trustees delegated through such resolution or
resolutions, including the power to incur and pay, on behalf
of the Elk Grove Rural Fire Protection District and without
further action by the Board of Trustees, all costs and
expenses reasonably necessary to close up the business affairs
of the Elk Grove Rural Fire Protection District. Any such
resolution or resolutions adopted by the Board of Trustees of
the Elk Grove Rural Fire Protection District before the
effective date this amendatory Act of the 103rd General
Assembly that are consistent with this Section are ratified
and authorized.
(b) Notwithstanding any other provision of law, board of
trustee members of the Elk Grove Rural Fire Protection
District serving on October 1, 2023 shall continue as
trustees, regardless if they would be otherwise ineligible to
serve as trustees of the District under this Act, until

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dissolution of the Elk Grove Rural Fire Protection District or
termination of their terms under subsection (c). If, between
October 1, 2023 and the effective date of this amendatory Act
of the 103rd General Assembly, the term of a trustee serving on
October 1, 2023 expired or the trustee vacated the trustee's
position by operation of law or voluntarily, that term of the
trustee is reinstated on the effective date of this amendatory
Act of the 103rd General Assembly.
Notwithstanding any other provision of law, including the
Open Meetings Act:
(1) Meetings of the board of trustees of the Elk Grove
Rural Fire Protection District may be held in person or by
video or audio conference, telephone call, or other means
of contemporaneous interactive communication as long as
notice of the meetings have been given as provided in the
Open Meetings Act. If the meeting will be held by video or
audio conference, telephone call, or other means of
contemporaneous interactive communication, the notice must
provide information on how members of the public may view
or listen to the meeting and how public comment will be
permitted pursuant to subsection (g) of Section 2.06 of
the Open Meetings Act.
(2) The quorum required for a meeting of the board of
trustees of the Elk Grove Rural Fire Protection District
is 2 trustees, whether attending the meeting remotely or
in person. Actions of the board of trustees require

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approval by 2 trustees of the board.
(c) The Elk Grove Rural Fire Protection District may
petition a court to ask for the appointment of one or more
trustees-in-dissolution or receivers to act as its authorized
delegee under subsection (a). Upon the appointment of one or
more trustees-in-dissolution or receivers by a court, the
terms of all board members of the Elk Grove Rural Fire
Protection District are terminated and the
trustees-in-dissolution or receivers have the powers given
under subsection (a) to act in place of the board of trustees.