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| Public Act 098-1095
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| SB1681 Enrolled | LRB098 09096 OMW 39233 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Regional Fire Protection Agency Act.
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Section 5. Purpose and creation. |
(a) Purpose. The General Assembly finds the consolidation |
of fire protection services on a regional basis provided by |
fire departments throughout the State of Illinois to be an |
economic benefit. Therefore, this Act establishes procedures |
for the creation of Regional Fire Protection Agencies that |
encompass wider service areas by combining existing fire |
departments and extending service areas of these departments |
into under-served geographic areas. It is the expressed intent |
of the General Assembly that Regional Fire Protection Agencies |
shall achieve a net savings in the cost of providing fire |
protection services, emergency medical services, and related |
services in the expanded service area by reducing and |
eliminating costs including, but not limited to, duplicative or |
excessive administrative and operational services, equipment, |
facilities, and capital expenditures, without a reduction in |
the quality or level of these services. |
(b) Creation. A Regional Fire Protection Agency may be |
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formed by filing voter-initiated petitions for the purposes of |
integrating existing service areas of contiguous units of local |
government providing fire protection services to achieve the |
purposes of this Act.
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Section 7. Application. |
This Act does not apply to any unit of local government |
that has entered into a consolidation agreement with one or |
more units of local government that includes the consolidation |
of the delivery of fire protection or emergency medical |
services under a single chain of command. Additionally, this |
Act does not apply to any unit of local government that has |
adopted a resolution declaring the intent to consolidate the |
delivery of fire protection or emergency medical services under |
a single chain of command with one or more units of local |
government. The resolution shall exempt the local government |
from the provisions of this Act for one year following its |
passage. The existence of an automatic aid agreement or mutual |
aid agreements does not constitute a consolidation for the |
purposes of this Section.
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Section 10. Definitions. The definitions in this Section |
apply throughout this Act unless the context clearly requires |
otherwise: |
"Board" means the governing body of a Regional Fire |
Protection Agency. |
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"Fire protection jurisdiction" means a fire protection |
district, municipal fire department, or service organized |
under Section 5-1056.1 of the Counties Code, Sections 195 and |
200 of the Illinois Township Code, Section 10-2.1 of the |
Illinois Municipal Code, or the Illinois Fire Protection |
District Act. |
"Joint Committee" means the group consisting of the parties |
appointed by the court in accordance with the procedures of |
this Act after a petition has been filed to create a Regional |
Fire Protection Agency. The Joint Committee meets for the |
limited purpose of negotiating the terms of an |
intergovernmental agreement to create and implement a Regional |
Fire Protection Agency. |
"Property Tax" or "Tax" has the same meaning as the term |
"Tax", as defined in Section 1-145 of the Property Tax Code. |
"Regional Fire Protection Agency" or "Agency" means a fire |
protection organization formed pursuant to this Act that |
combines 2 or more units of local government with a unified |
command and operations
that has boundaries that are coextensive |
with 2
or more adjacent units of local government and has been
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created by a referendum under this Act.
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"Special Mediator" means an individual who possesses the |
qualifications specified in this Act and shall facilitate the |
negotiation of an intergovernmental agreement to create a |
Regional Fire Protection Agency.
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Section 15. Elections and referenda. When a referendum is |
submitted under this Act for approval or rejection by the |
electors, the time and manner of conducting a referendum, |
including petition signature requirements, shall be in |
accordance with the general election law of the State. The |
creation of any Regional Fire Protection Agency by referendum |
shall be secured by an intergovernmental agreement that
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includes terms that meet the standards set forth in Section 25
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of this Act.
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Section 20. Notice to the Office of the State Fire Marshal. |
The Office of the State Fire Marshal shall be served notice |
as to any plans of 2 or more units of local government to |
combine fire protection or emergency medical services, or both, |
as follows: |
(1) Whenever a county clerk or other election authority |
places upon a ballot the question of creating or altering |
an Agency or fire protection jurisdiction, the clerk or |
other election authority shall notify the Office of the |
State Fire Marshal that the proposition is to be put before |
the electorate. The notice shall be sent to the Office of |
the State Fire Marshal within 10 business days after the |
question is certified to the clerk or other election |
authority. |
(2) Whenever the governing bodies of 2 or more adjacent |
fire protection jurisdictions conduct a public hearing to |
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consider a plan to combine 2 or more fire protection |
jurisdiction service areas by intergovernmental agreement, |
the clerk of each unit of local government to be party to |
such an intergovernmental agreement shall notify the |
Office of the State Fire Marshal that the units of local |
government are considering such a plan. The notice shall be |
sent to the Office of the State Fire Marshal within 10 |
business days after notice of the meeting is published. |
(3) Whenever the governing bodies of 2 or more adjacent |
fire protection jurisdictions enter into an agreement to |
combine 2 or more fire protection jurisdiction service |
areas by intergovernmental agreement, the clerk of each |
unit of local government to be party to such an |
intergovernmental agreement shall notify the Office of the |
State Fire Marshal that the units of local government have |
entered into the intergovernmental agreement. The notice |
shall be sent to the Office of the State Fire Marshal |
within 10 business days after notice of the meeting is |
published.
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Section 25. Creation of an Agency by petition and |
referendum.
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(a) Petition. A Regional Fire Protection Agency may |
exclusively be formed upon petition signed by the lesser of: |
(i) at least 8% of the total votes cast for candidates for |
Governor in the preceding gubernatorial election in each of the |
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units of local governments included in the Regional Fire |
Protection Agency; or (ii) at least 500 legal voters in each of |
the units of local government to be included in the Regional |
Fire Protection Agency. The petition shall be filed in the |
circuit court of the county in which the greater part of the |
land of the proposed Regional Fire Protection Agency shall be |
situated. The petition shall set forth the names of the units |
of local government proposed to be included, the name of the |
proposed Regional Fire Protection Agency, the benefits of |
consolidating the units of local government within a Regional |
Fire Protection Agency, the names of the representatives of the |
petitioners from each unit of local government who shall be |
authorized to serve on the Joint Committee, and up to 3 |
alternate representatives from each unit of local government in |
the event a designated representative ceases to be an elector |
of their jurisdiction or resigns from the Joint Committee. Upon |
its filing, the petition shall be presented to the court, and |
the court shall fix the date and hour for a hearing.
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(b) Notice of Hearing. Upon the filing of the petition, the |
court shall set a hearing date that is at least 4 weeks, but |
not more than 8 weeks, after the date the petition is filed. |
The court, clerk, petitioner's counsel, or sheriff shall, upon |
order of the court, give notice 21 days before the hearing in |
one or more daily or weekly newspapers of general circulation |
in each county where an affected unit of local government is |
organized. The notice must describe the units of local |
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government to be included and shall state that if the |
conditions required by this Section are met, then the |
proposition for the creation of the Agency shall be submitted |
to the voters of the units of local government in the proposed |
Agency by order of the court. |
(c) Hearing and referendum. At the hearing, the court shall |
first determine whether the petition is supported by the |
required number of valid signatures of legal voters within the |
contiguous units of local government. If the petition is |
proper, then the court shall remand the matter to a Special |
Mediator who shall mediate the negotiations regarding the terms |
of an intergovernmental agreement by the members of the Joint |
Committee as provided in subsection (d) of this Section. The |
Special Mediator shall be a member of the bar of the State of |
Illinois or a member of the faculty of an accredited law |
school. The Special Mediator shall have practiced law for at |
least 7 years and be knowledgeable about municipal, labor, |
employment, and election law. The Special Mediator shall be |
free of any conflicts of interest. The Special Mediator shall |
have strong mediation skills and the temperament and training |
to listen well, facilitate communication, and assist with |
negotiations. Special Mediators shall have sufficient |
experience and familiarity with municipal, labor, employment, |
and election law to provide a credible evaluation and |
assessment of relative positions. The Special Mediator |
assigned to mediate the Joint Committee's negotiations shall be |
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selected by the members of the Joint Committee from a panel of |
7 individuals provided by the Joint Labor Management Committee, |
as it is defined in Section 50 of the Fire Department Promotion |
Act. The panel shall be randomly selected by the Joint Labor |
Management Committee from a master list maintained by the Joint |
Labor Management Committee consisting of at least 14 qualified |
Special Mediators. If the members fail to agree, the court |
shall appoint the Special Mediator. The Joint Committee may |
elect to conduct negotiations without the assistance of the |
Special Mediator upon a majority vote of the Joint Committee. |
To certify a question for referendum, the court must find that: |
(i) based upon a preponderance of the evidence, at least 2 of |
the 3 Joint Committee representatives appointed by the court |
for each unit of local government included in the proposed |
Agency have executed an intergovernmental agreement that |
includes terms that are in compliance with the requirements |
under subsection (d) of this Section; (ii) the terms of an |
agreed-upon intergovernmental agreement have been approved by |
the requisite governing bodies of each of the units of local |
government; and (iii) should the terms of an agreed-upon |
intergovernmental agreement change the terms of the collective |
bargaining agreement for a bargaining unit of employees of any |
local unit of government of the proposed Regional Fire |
Protection Agency, any affected collective bargaining units |
must also approve all such changes in the terms of the |
collective bargaining agreement. |
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(d) Joint Committee. The court shall allow appointments to |
the Joint Committee as follows:
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(1) A representative of each unit of local government |
included within the proposed service area of the proposed |
Agency.
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(2) A representative of each collective bargaining |
unit that is a party to a collective bargaining agreement |
with a unit of local government to provide fire suppression |
or emergency medical services, or both, included within the |
proposed Agency. |
(3) A representative for the petitioners from each unit |
of local government included within the proposed Agency, as |
designated by the petition, or, if none are designated or |
willing to serve, then chosen by the court from among the |
legal voters that signed the petition. |
(e) Joint Committee Negotiations. After remand, the |
Special Mediator shall schedule a meeting of the Joint |
Committee and facilitate the members in negotiating the terms |
of an intergovernmental agreement. The first order of business |
shall be to establish a financial baseline for the current |
costs of fire and emergency medical services provided by the |
units of local government party to the Joint Committee. To this |
end, each unit of local government party to the Joint Committee |
shall disclose to the Joint Committee the total aggregate |
expenditures it allocates for providing all fire, rescue, and |
emergency medical services. These expenditures shall include, |
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but are not limited to, the following cost factors: (i) all |
expenses from the corporate fund and other operational funds |
related to fire protection services, whether direct or |
indirect, for the current fiscal year; and (ii) all costs, |
whether direct or indirect, paid from other funds, including, |
but not limited to, capital or building funds, pension funds, |
workers' compensation funds, health insurance funds, |
enterprise funds, administrative funds, and all other funds |
from which money is, or may be, paid or transferred to pay for |
the administration and compensation or benefits for employees |
or persons assigned to provide fire or emergency medical |
services or related services, equipment, and buildings and |
their maintenance or operation and debt service for any |
expenditures related to these or related cost factors. |
The Special Mediator or the court, or both if necessary, |
shall facilitate the computation and production of this |
financial baseline unless the Joint Committee elects to conduct |
negotiations without the assistance of the Special Mediator. |
The financial baseline shall serve as the predicate to: (i) the |
annual contributions to be made by each unit of local |
government to the costs of providing fire and emergency medical |
services to the service area established for the proposed |
Regional Fire Protection Agency; and (ii) for the court's |
findings pursuant to subsection (f) of this Section. |
The Joint Committee may take note or give due consideration |
to available resources, studies, and plans that may facilitate |
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the resolution of issues relating to the terms of an agreement. |
Negotiations may continue for a period of 90 days or, if the |
court determines that additional time will facilitate |
agreement, longer. |
If no agreement is reached, the court shall dismiss the |
petition. If an agreement is reached, the court shall schedule |
an evidentiary hearing with notice to determine if the terms of |
the agreement are in compliance with the requirements of |
subsection (f) of this Section. The expenses of the Special |
Mediator shall be apportioned equally among the included units |
of local government unless the parties agree otherwise in the |
intergovernmental agreement. |
If the intergovernmental agreement has been approved by the |
governing bodies of at least 2 units of local government |
included in the original petition, then the petition may |
proceed, provided that the agreement is also executed by at |
least 2 of 3 Joint Committee representatives from each affected |
unit of local government included in the original petition. The |
units of local government that did not consent to inclusion |
shall be dismissed, and an amended petition on behalf of the |
consenting units of local government shall be scheduled for an |
evidentiary hearing. |
The persons or entities, or their duly authorized |
representatives, that shall have standing to present evidence |
at the hearing are the petitioners, the units of local |
government that sought to be included in the proposed Agency, |
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and the representatives of each collective bargaining unit that |
is a party to a collective bargaining agreement with a fire |
protection jurisdiction within a unit of local government |
included within the proposed Agency. |
If the court finds, by a preponderance of the evidence, |
that the petition is supported by a proper intergovernmental |
agreement, the court shall enter an order certifying the |
proposition to the proper election officials, who shall submit |
the question of the creation of the proposed Agency to the |
legal voters of each included unit of local government at the |
next election. Notice of the election shall be given and the |
election conducted in the manner provided by the general |
election law. The notice shall state the boundaries of the |
proposed Agency. |
The question shall be submitted in substantially the |
following form: |
Shall the service areas of (names of existing units of |
local government to be combined) be combined to create the |
(name of the Regional Fire Protection Agency)? |
Responses shall be recorded as "Yes" or "No". |
A written statement of the election results shall be filed |
with the court. If, in each unit of local government included |
within the boundaries of the Regional Fire Protection Agency, a |
majority of the voters voting on the question favor the |
proposition, then the court shall issue an order stating that |
the Agency has been approved. |
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(f) Intergovernmental agreement; minimum standards of |
service. The terms of the intergovernmental agreement shall |
ensure that all of the following standards of service are met: |
(1) The formation of the Agency shall result in no net |
increase in the cost of fire protection services and |
emergency medical services to the units of local government |
in the proposed Agency due to the reduction or elimination |
of
duplicative administrative costs, operational costs, |
equipment costs, or capital expenditures unless members of |
the Joint Committee can demonstrate that an increase in the |
cost to a participating unit of local government is |
justified by a corresponding increase in the level of |
services provided under the terms of the intergovernmental |
agreement. |
(2) The formation of the Agency shall not increase the |
average response times in any included unit of local |
government.
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(3) Agencies shall have no independent ability to levy |
taxes and shall rely on the fiscal support and |
contributions from component fire protection |
jurisdictions, as required under the terms of the |
intergovernmental agreement.
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Section 30. Judicial notice. All courts in this State shall |
take judicial notice of the existence of any Agency organized |
under this Act, and every such Agency shall constitute a body |
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corporate that may sue or be sued in all courts.
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Section 35. Support. Notwithstanding any provision of this |
Act, a Regional Fire Protection Agency may receive |
supplementary funding, fiscal support, or other revenue or |
property consideration from the State, including the Office of |
the State Fire Marshal, a county, or any other unit of local |
government, to defray the expenses of organizing a new Agency |
or as may be deemed necessary or appropriate, and may be |
appropriated by that entity to the Agency.
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Section 40. Enforcement of an intergovernmental agreement. |
In the event of a default of payment, the Agency shall be |
authorized to secure collection of promised contributions from |
the defaulting unit of local government by court order |
authorizing the interception of or turning over of: (1) monies |
deposited or to be deposited into any fund of the defaulting |
unit of local government; or (2) grants or other revenues or |
taxes expected to be received by the unit of local government |
from the State, county, or federal government, including taxes |
imposed by the governmental unit pursuant to a grant of |
authority by the State, such as property, sales or use taxes or |
utility taxes. |
Any interception authorized under this Section by the |
Agency shall be valid and binding from the time the |
interception order is made until the defaulting unit of local |
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government has paid in full its past due obligations to the |
Agency and has been current in its obligations to the Agency |
for a minimum of 12 months. The revenues, monies, and other |
funds intercepted and to be intercepted by the Agency shall |
immediately be subject to the Agency's lien. The lien shall be |
valid and binding against all parties having claims of any kind |
in tort, contract, or otherwise against the defaulting unit of |
local government, irrespective of whether such parties have |
notice. Under any such interception, a defaulting unit of local |
government may bind itself to impose rates, charges, or taxes |
to the fullest extent permitted by applicable law. Any |
ordinance, resolution, trust agreement, or other instrument by |
which a lien is created shall be filed in the records of the |
Agency. |
The State Treasurer, the State Comptroller, the Department |
of Revenue, the Department of Transportation, and any county |
official charged with collecting and disbursing property taxes |
shall deposit or cause to be deposited any amount of grants or |
other revenues or taxes expected to be received by the |
defaulting unit of local government from that official or |
entity that has been pledged to the defaulting unit of local |
government, directly into a designated escrow account |
established by the Agency at a trust company or bank having |
trust powers, unless otherwise prohibited by law. The court |
order authorizing that disposition shall, within 10 days after |
issuance, be filed with the official or entity with custody of |
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the garnished grants or other revenues or taxes.
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Section 45. Initial startup.
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(a) An Agency shall commence operations no later than 90 |
days after the date of the election unless an alternative date |
is agreed to by the terms of the intergovernmental agreement |
and shall operate for the purposes set forth in the |
intergovernmental agreement.
An Agency's governing body shall |
consist of representatives designated by the governing bodies |
of the participating units of local government as set forth in |
this Act, and shall be considered to be formed upon approval of |
the governing body of each member unit of local government |
unless otherwise agreed to by the terms of the |
intergovernmental agreement. |
(b) The Regional Fire Protection Agency shall be governed |
by a 5-member Board of Trustees. Each trustee shall be a |
resident of a unit of local government within the Agency. The |
Board shall elect a Chairperson from among its members. |
The number of trustees from each unit of local government |
shall be in proportion, as nearly as practicable, to the number |
of residents of the Agency who reside in that unit of local |
government in relation to the total population of the Agency. |
Thereafter, each trustee shall be succeeded by a resident of |
the same unit of local government and shall be appointed by the |
same appointing authority. The appropriate appointing |
authorities shall appoint 5 trustees of the Agency within 60 |
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days after the entry of the order establishing the Agency. The |
trustees shall be electors in one of the units of local |
government of the Agency, provided that the Board shall consist |
of at least one trustee from each unit of local government, |
subject to the intergovernmental agreement, within the |
Regional Fire Protection Agency. The trustees shall hold the |
terms of office and shall have the powers and qualifications |
that are provided for trustees under Section 4 of the Fire |
Protection District Act. |
In the event of a conflict between the terms of the |
intergovernmental agreement and the powers of the trustees |
otherwise provided by law, the terms of the intergovernmental |
agreement shall prevail and supersede. |
(c) The Agency shall have the power, duties, and |
obligations of a fire protection district as otherwise provided |
by the Fire Protection District Act, except as modified or |
limited by the provisions of this Act or terms of the |
intergovernmental agreement. The Agency shall develop a budget |
funded at a level sufficient to ensure that the quality of |
services provided to the residents of the service area within |
the boundary of the included units of local government |
continues at a level equal to or greater than those provided |
prior to the modification. |
(d) The establishment of an Agency as a separately named |
unit of local government shall not prevent the units of local |
government within it from identifying their historical fire |
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departments with the names of their localities. In that event, |
local fire departments shall be described as [local name] |
Branch of the [name of the Agency].
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(e) Upon the formation of an Agency under this Act, the |
fire departments of the participating units of local government |
shall be operated under a single chain of command under the |
leadership of one fire chief appointed by the Board of the |
Agency. The manner in which chiefs and subordinate chief |
officers who are redundant under the single chain of command |
and who are eliminated or integrated into the new unified chain |
of command shall be defined within the terms of the |
intergovernmental agreement entered into by the parties. The |
chiefs and other chief officers shall retain any rights they |
may have as established by other applicable law, provided that |
positions shall not be available to any person who is already |
retired and receiving benefits under Article 4 of the Illinois |
Pension Code. Any proposed reduction to a bargaining unit |
position resulting from the abolishment of a non-bargaining |
unit position shall be subject to compliance with the |
bargaining rights of any affected collective bargaining |
representative. |
Upon taking office, the fire chief of the Agency shall |
command all operations of the unified service area of the |
Agency. The District shall become a body politic and corporate |
with all the powers, rights, duties, and obligations vested in |
it under the terms of the intergovernmental agreement and as |
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otherwise provided under the provisions of this Act.
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(f) Upon the organization of the Agency, the duties of each |
included unit of local government relating to the operation of |
a fire department and emergency medical services within the |
boundaries of the Agency shall be transferred to the Board of |
the Agency to be exercised according to the terms of the |
intergovernmental agreement and as otherwise provided under |
the provisions of this Act. |
(g) Unless otherwise agreed upon, all firefighters, |
emergency medical services personnel, and other personnel |
lawfully in the employment of any unit of local government |
included in the Agency shall maintain identity with the fire |
departments that they were serving on prior to the creation of |
the Regional Fire Protection Agency, but shall be subject to |
the unified chain of command established by the Board. |
An Agency consisting of any fire department that employs |
full-time officers or members shall be subject to Sections |
16.01 through 16.18 of the Fire Protection District Act unless |
the terms of the intergovernmental agreement agreed to by the |
included units of local government and included collective |
bargaining unit agents representing employees engaged in |
providing fire protection or emergency medical services, or |
both, within the Agency's service area provide otherwise.
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(h) Contracts in effect between an exclusive bargaining |
agent representing employees engaged in providing fire |
protection or emergency medical services, or both, within the |
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Agency's service area and a participating unit of local |
government shall continue according to their terms. Successor |
contracts shall be negotiated in accordance with the provisions |
of the Illinois Public Labor Relations Act. Upon agreement of |
any 2 or more units of local government and corresponding |
exclusive bargaining representatives, and approval of that |
agreement by a majority of the members of each respective |
bargaining unit who vote on the issue, any 2 or more bargaining |
units may be consolidated into a single bargaining unit.
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(i) Any unit of local government that is included in an |
Agency shall be exempt from any reduction in the formula for |
distribution
of income tax revenues under Section 901 of the |
Illinois Income Tax Act and personal property replacement tax |
revenues under subsection (c) of Section 201 of the Illinois |
Income Tax Act collected from local taxpayers by State agencies |
and redistributed to the units of local government based on the |
formula and laws in effect as of the effective date of this |
amendatory Act of the 98th General Assembly.
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Section 50. Levy of taxes; limitations; indebtedness.
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(a) To carry out the purposes for which an Agency is |
created, the Agency Board is empowered to take all actions |
authorized by law and authorized under this Act for the purpose |
of enforcing payment of any and all contributions and payments |
required under the terms of an intergovernmental agreement |
executed under the provisions of this Act. |
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(b) The inclusion of any unit of local government into an |
Agency shall not affect the obligation of any contract entered |
into by the unit of local government unless otherwise agreed |
upon in the intergovernmental agreement. Such contracts shall |
remain the obligation of the unit of local government that |
incurred the obligation.
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The inclusion of a unit of local government in an Agency |
shall not adversely affect proceedings for the collection or |
enforcement of any tax debt, or other obligation owed to the |
unit of local government. The proceedings shall continue to |
finality as if no inclusion had taken place. The proceeds |
thereof shall be paid to the treasurer of the unit of local |
government, subject to the terms of the intergovernmental |
agreement.
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All suits pending in any court on behalf of or against any |
participating unit of local government relating to the |
provision of fire or emergency medical services on the date |
that the unit of local government is joined into an Agency |
under this Act may be prosecuted or defended in the name of the |
unit of local government unless otherwise provided in the |
intergovernmental agreement. All judgments obtained for
any |
unit of local government joined into an Agency shall be |
collected and enforced by the Agency for its benefit unless |
otherwise provided in the intergovernmental agreement.
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The intergovernmental agreement shall define ownership |
interests and rights of each unit of local government's fire |
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department related assets and liabilities.
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Section 55. Petition to dissolve a District; referendum. |
The Board of an Agency established by referendum may certify |
and submit the question of dissolution of the Agency to the |
electors of the Agency. The Board may draft a ballot title, |
give notice as required by the general election law, and |
perform other duties as required to put the question before the |
voters of the Agency for their approval or rejection as a |
single ballot measure. The electorate consists of the voters |
voting within the boundaries of the existing Agency. A simple |
majority of the registered voters voting on the single ballot |
measure is required to approve dissolution of the Agency. The |
Agency seeking dissolution is liable for its proportionate |
share of the costs of the election.
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The question shall be in substantially the following form:
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Shall the [name of Regional Fire Protection Agency] be |
dissolved? |
Votes shall be recorded as "Yes" or "No". |
If a majority of the votes cast are in favor of the |
dissolution, the assets, liabilities, obligations, and |
personnel assigned or belonging to the Agency shall revert to |
the component units of local government comprising or |
contributing to the Agency, proportional to each unit of local |
government's contribution. All such transfers and |
reassignments shall be made in an expeditious and timely |
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manner, and no longer than 120 days after the date upon which |
the Agency's dissolution vote was certified by local election |
authorities.
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Section 60. Powers; exclusive. The powers provided by this |
Act for the creation of Regional Fire Protection Agencies do |
not prohibit a unit of local government from entering into an |
intergovernmental agreement to merge, consolidate, or |
otherwise cooperate with other units of local government to |
provide fire, rescue, or emergency medical services as |
otherwise provided by Section 10 of Article VII of the Illinois |
Constitution and the Illinois Intergovernmental Cooperation |
Act. However, the powers and benefits provided by this Act for |
the combination of fire protection or emergency medical |
services, or both, of 2 or more units of local government shall |
be limited to Regional Fire Protection Agencies operated |
according to the terms of an intergovernmental agreement that |
has been approved by referendum in accordance with this Act. |
The terms of any intergovernmental agreement of an Agency |
created by referendum shall supersede and control over any and |
all other intergovernmental agreements that may exist that |
relate to the provision of fire protection or emergency medical |
services, or both, in geographic areas incorporated within the |
service areas combined under the terms of a referendum-approved |
intergovernmental agreement.
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Section 65. Home rule. A home rule municipality may not |
administer fire protection services or emergency medical |
services, or both, in geographic areas incorporated within the |
service area of an Agency in a manner that is inconsistent with |
the terms of an intergovernmental agreement approved in |
accordance with this Act. This Section is a limitation under |
subsection (i) of Section 6 of Article VII of the Illinois |
Constitution on the concurrent exercise by home rule units of |
powers and functions exercised by the State.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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