Bill Text: IL SB1681 | 2013-2014 | 98th General Assembly | Introduced

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

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Bill Title: Creates the Unified Fire Protection District Act. Provides the purpose of the Act and definitions. Provides that a Unified Fire Protection District may be formed either by referendum or intergovernmental agreement, and sets forth requirements for each method of formation. Provides for a Planning Committee, its formation, powers, and duties with regard to the Plan. Provides guidelines for the Plan that shall design, finance, and develop the new District. Provides for the board of trustees of the Unified Fire Protection District and their duties, powers, and obligations with regard to the District. Further provides for employees, contracts, tax levy, indebtedness, and liabilities of the formerly separate units of local government now consolidated into a Unified Fire Protection District. Provides for the dissolution of the District by referendum. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1095 [SB1681 Detail]

Download: Illinois-2013-SB1681-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1681 Introduced 2/15/2013, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
New Act
Creates the Unified Fire Protection District Act. Provides the purpose of the Act and definitions. Provides that a Unified Fire Protection District may be formed either by referendum or intergovernmental agreement, and sets forth requirements for each method of formation. Provides for a Planning Committee, its formation, powers, and duties with regard to the Plan. Provides guidelines for the Plan that shall design, finance, and develop the new District. Provides for the board of trustees of the Unified Fire Protection District and their duties, powers, and obligations with regard to the District. Further provides for employees, contracts, tax levy, indebtedness, and liabilities of the formerly separate units of local government now consolidated into a Unified Fire Protection District. Provides for the dissolution of the District by referendum. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Unified Fire Protection District.
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 Districts 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 Service Districts 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 Unified Fire Protection District may be

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formed by:
(1) Filing voter-initiated petitions for the purposes
of integrating existing service areas of contiguous units
of local government to achieve the purposes of this Act; or
(2) Entering into intergovernmental agreements made by
and among existing units of local government providing fire
protection services, provided that these agreements are
approved by a voter referendum if a petition for such
referendum is initiated by voters of any affected
individual unit of government in accordance with the
procedures of this Act.
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 Unified Fire
Protection District.
"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.
"Intergovernmental authority" means a Regional Fire
Protection Service Authority implemented pursuant to an
intergovernmental agreement.

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"Plan" means a plan developed by a Planning Committee or
the parties pursuant to a petition to create a district for a
particular geographic area. These plans shall cover the
financing of a District project or projects including, but not
limited to, specific capital projects, maintaining the quality
and level of fire operations and emergency service operations,
and the preservation and maintenance of existing or future
facilities.
"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 Service Authority Plan" or
"Plan" means a plan to develop and finance a Regional Fire
Protection Service Authority project or projects, including,
but not limited to, specific capital projects, fire operations
and emergency service operations, and preservation and
maintenance of existing or future facilities.
"Regional Fire Protection Service Planning Committee" or
"Planning Committee" means the advisory committee created
under Sections 4.01, 4.02 of the Fire Protection District Act
to facilitate the combination of fire protection services and
create "Districts" to achieve the purposes of this Act.
"Special mediator" shall be a member of the bar of the
State of Illinois or member of the faculty of an accredited law
school. A "special mediator" shall have practiced law for at
least 7 years and be knowledgeable about municipal, labor,
employment, and election law. A "special mediator" shall have

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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.
"Unified Fire Protection District" or "District" means a
county, municipal corporation, fire protection district,
township, or unit of local government, as defined under the
meaning of Article VII, Section 1 of the Illinois State
Constitution, that has boundaries that are coextensive with 2
or more adjacent fire protection jurisdictions and has been
created by either a referendum under this Act, or by agreement
under Article VII of Section 10 of the Illinois Constitution,
the Illinois Intergovernmental Cooperation Act, and the
provisions of this Act.
Section 15. Elections and referenda. If a referendum must
be 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 Unified Fire Protection District by referendum
shall be secured by an intergovernmental agreement that
includes terms that meet the standards set forth in Section 25
of this Act.

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Section 20. Notice to the Office of the State Fire Marshal.
Whenever a county clerk or other election authority places upon
a ballot the question of creating or altering a District, or
upon recording of an Agreement creating a District, 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 or has been recorded, as appropriate. The notice
shall be sent to the Office of the State Fire Marshal within 10
working days after the question is certified to the clerk or
other election authority, or the intergovernmental agreement
is recorded.
Section 25. Creation of a District by petition and
referendum.
(a) Petition. A Unified Fire Protection District may be
formed upon petition signed by the lesser of: (i) at least 100
legal voters in each of the units of local government proposed
to be unified; or (ii) 10% of the legal voters in each of the
units of local government to be included in the Unified Fire
Protection District. The petition shall be filed in the circuit
court of county in which the greater part of the land of the
proposed Unified Fire Protection District 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
Unified Fire Protection District, the benefits of

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consolidating the units of local government within a Unified
Fire Protection District, and whether the trustees shall be
elected or appointed. Upon its filing, the petition shall be
presented to the court, and the court shall fix the date and
hour for a hearing.
(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, or the clerk or sheriff upon order of the court,
shall 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
and by posting at least 10 copies of the notice in conspicuous
places within the proposed District. The notice must describe
the units of local 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 District shall be
submitted to the voters of the units of local government in the
proposed District by order of the court.
(c) Hearing and referendum. To certify a question for
referendum, the court must find that: (i) based upon a
preponderance of the evidence, the representatives of each of
the parties to the proposed District has executed an
intergovernmental agreement that includes terms that are in
compliance with the requirement under subsection (d) of this
Section; and (ii) the terms of an agreed-upon intergovernmental

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agreement have been approved by the requisite governing bodies
of each of the units of local government and any collective
bargaining units involved.
At the hearing, the court shall first determine if the
petition is supported by the required number of valid
signatures of legal voters within the contiguous units of local
government.
(d) Joint Committee. 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. The court shall appoint members of the Joint
Committee as follows:
(1) A representative of each unit of local government
included within the proposed service area of the proposed
District.
(2) A representative of each exclusive 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 District.
(3) A representative for the petitioners from each unit
of local government included within the proposed District,
chosen from among the legal voters that signed the
petition.
The Special Mediator shall be selected by the members of
the Joint Committee from a panel of 7 individuals selected by

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the Planning Committee. If the members fail to agree, the court
shall appoint the Special Mediator.
After selection, the Special Mediator shall schedule a
meeting of the Joint Committee and facilitate the members in
negotiating the terms of an intergovernmental 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 (e) of this Section.
An agreement shall be executed by the authorized
representative of each party appointed to the Joint Committee
by the court for each unit of local government included in the
proposed District. If the agreement is executed by
representatives of at least 2 units of local government
included in the original petition, then the petition may
proceed provided that the agreement is executed by at least 2
parties within 2 or more units 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 shall be scheduled
for an evidentiary hearing.
The persons or entities, or their duly authorized

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representatives, that shall have standing to present evidence
at the hearing are the petitioners, the units of local
government that shall be included in the proposed District, and
representatives of each exclusive bargaining unit that is a
party to a collective bargaining unit with a fire protection
jurisdiction within a unit of local government included within
the proposed District.
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 District 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 District.
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 Unified Fire Protection District)?
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 Unified Fire Protection District,

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a majority of the voters voting on the question shall favor the
proposition, then the court shall issue an order stating that
the Unified District has been approved.
(e) 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 District shall result in no
net increase in the cost of fire protection services and
emergency medical services to each unit of local government
due to the reduction or elimination of duplicative
administrative operational services, equipment, or capital
expenditures. A net increase in cost is permissible if the
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
quality of services provided to a participating unit of
local government under the terms of the intergovernmental
agreement.
(2) The formation of the District shall not increase
the average response times in any included unit of local
government.
(3) Districts 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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(4) The District shall apply savings in operating costs
as follows: A minimum of 50% of cost savings shall be
contributed, pro rata, to the Firemen's Pension Fund of
each included unit of local government as applicable. Those
contributions shall be applied as a credit to reduce the
unfunded accrued liability of the Fund, if one exists. If
no unfunded accrued liabilities exist, the savings in
operating costs shall be divided into equal amounts and
applied to reduce the contributions otherwise required by
the unit of government and its firefighter employees under
the Pension Code.
Section 30. Creation of a District by an intergovernmental
authority. The governing bodies of 2 or more adjacent fire
protection jurisdictions may commence and implement action to
adopt a proposed Plan pursuant to Section 10 of Article VII of
the Illinois Constitution and the Illinois Intergovernmental
Cooperation Act and create an Intergovernmental Authority.
(a) Notice. The governing body of a fire protection
jurisdiction seeking to implement and adopt a Plan under
Section 50 of this Act shall publish a written notice regarding
their intention to adopt a plan of and hold a public hearing.
If the fire protection jurisdiction is located entirely in
one county, the notice shall be published in an English
language newspaper of general circulation published in the fire
protection jurisdiction, or, if no such newspaper exists, then

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in an English language newspaper of general circulation
published in the county and having circulation in the fire
protection jurisdiction.
If the fire protection jurisdiction is located primarily in
one county but extends into smaller portions of adjoining
counties, the notice shall be published in a newspaper of
general circulation published in the Fire Protection
Jurisdiction, or, if no such newspaper exists, then in a
newspaper of general circulation published in each county in
which any part of the fire protection jurisdiction is located.
If the fire protection jurisdiction includes all or a large
portion of two or more counties, the notice shall be published
in a newspaper of general circulation published in each county
in which any part of the fire protection jurisdiction is
located.
The notice shall appear not more than 30 and no less than
10 days prior to the date of the public hearing.
(b) All hearings shall be open to the public. The corporate
authority of each participating fire protection jurisdiction
shall explain the reasons for the proposed creation of an
Intergovernmental Authority and provide persons with an
opportunity to present testimony within reasonable time
limits, as determined by the corporate entities of the affected
fire protection jurisdictions.
(c) The Board of an Intergovernmental Authority created
under the provisions of this Section may, on its own initiative

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or upon receiving notice that a petition has been filed under
Section 25 of this Act, convert the Authority into a District
formed by petition, subject to approval by the affected voters
in accordance with the procedures of this Act.
Section 35. Judicial Notice. All courts in this State shall
take judicial notice of the existence of any District organized
under this Act, and every such District shall constitute a body
corporate that may sue or be sued in all courts.
Section 40. Support. Notwithstanding any provision of this
Act, a Unified Fire Protection District, whether created by
petition or intergovernmental agreement, 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 Authority
or as may be deemed necessary or appropriate, and may be
appropriated by that entity to the Authority.
Section 45. Enforcement of an intergovernmental agreement.
In the event of a default, the District shall be authorized to
secure collection of promised contributions from the unit of
local government by intercepting: (1) monies deposited or to be
deposited into any special fund of the defaulting unit of local
government; or (2) grants or other revenues or taxes expected

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to be received by the unit of local government from the State
or Federal government, including taxes imposed by the
governmental unit pursuant to a grant of authority by the
State, such as sales or use taxes or utility taxes.
Any interception authorized under this Section by the
District shall be valid and binding from the time the
interception is made. The revenues, monies, and other funds
intercepted and to be intercepted by the District shall
immediately be subject to the District'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
District.
The State Treasurer, the State Comptroller, the Department
of Revenue, and the Department of Transportation 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 District at
a trust company or bank having trust powers, unless otherwise

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prohibited by law. The ordinance authorizing that disposition
shall, within 10 days after adoption by the governing body of
the District, be filed with the official or entity with custody
of the garnished grants or other revenues or taxes.
Section 50. Planning committee; formation; powers. A
Planning Committee is an advisory entity that is created,
convened, and empowered as provided in this Section.
(a) Creation. Any 2 or more adjacent fire protection
jurisdictions may create a Planning Committee to discuss the
formation of a Regional Fire Protection Service Authority. A
Planning Committee may also be formed following the filing of a
petition that meets the requirements of Section 25 of this Act.
No fire protection jurisdiction may simultaneously participate
in more than one Planning Committee or Authority.
Each governing body of a participating fire protection
jurisdiction under this Section shall appoint two officials or
employees to the Planning Committee. Each exclusive
representative of any collective bargaining unit containing
fire department related employees of each affected fire
protection jurisdiction shall appoint 2 members or officials to
the Planning Committee. In a proposed District formed by
petition, the Planning Committee shall also include a
petitioner representative, a representative of each collective
bargaining unit containing fire department related employees
of each affected fire protection jurisdiction, and a

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representative from each affected fire protection
jurisdiction. Pursuant to subsection (d) of Section 25 of this
Act, any petitioner representative shall be selected from among
the electors signing the petition, as set forth in the
petition. Members of a Planning Committee may be reimbursed for
travel and incidental expenses at the discretion of the
governing body of each respective fire protection
jurisdiction.
(b) Funding. A Planning Committee may receive state
funding, as appropriated by the legislature or from the Office
of the State Fire Marshal or any affected fire protection
jurisdiction for initial funding to pay for salaries, expenses,
overhead, supplies, and similar expenses ordinarily and
necessarily incurred.
(c) A Planning Committee shall conduct its affairs and
formulate a Plan as provided under Section 55 of this Act.
(d) At its first meeting, a Planning Committee may elect
officers and provide for the adoption of rules and other
operating procedures.
(e) Dissolution. A Planning Committee may dissolve itself
at any time by a majority vote of the total membership of the
Planning Committee. Any participating fire protection
jurisdiction may withdraw upon 10 days written notice to all
other fire protection jurisdictions that are members of the
Planning Committee.
(f) Planning Committees are subject to the requirements of

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the Illinois Open Meetings Act.
Section 55. Planning Committee; duties; formulation of
plan.
(a) A Planning Committee shall adopt a Plan providing for
the design, financing, and development of fire protection
services for the territory to comprise the new District. The
Planning Committee may coordinate its activities with
neighboring municipalities, fire protection districts, and
other local governments that engage in fire protection
planning. The Planning Committee may consider land use planning
criteria and the input of local government officials located
within, or partially within, a participating fire protection
jurisdiction.
(b) The Planning Committee shall:
(1) create opportunities for public input in the
development of the Plan; and
(2) adopt a Plan proposing the creation of a District
and recommending design, financing, and development of
fire protection and emergency service facilities and
operations, including maintenance and preservation of
facilities or systems which may include the provision of
ambulance and other fire department related services. The
Plan shall identify the existing levels of fire department
emergency services as measured by nationally acceptable
practices. It shall ensure that, absent an increase in the

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level of services to be provided to the territory of the
proposed District, no net increase in cost of services
shall occur. The Plan shall also provide that the average
emergency services response times in the District shall not
be increased compared with those of each affected fire
protection jurisdiction;
(3) Adopt, as part of the Plan, recommended and
identified resources and assets to be available to the
District from prospective contributing or component fire
protection jurisdictions, or other sources;
(4) Adopt, as part of the Plan, recommended and
identified obligations and liabilities to be assumed by the
District from prospective contributing or component fire
protection jurisdictions, or to be retained by the
prospective contributing or component fire protection
jurisdictions;
(5) Adopt, as part of the Plan, a recommended timeline
for establishing common and uniform operating procedures,
standards, and guidelines, as well as rules and policies,
to be applicable to the District upon approval by the
District or Authority Board subsequent to its activation as
a viable entity;
(6) Recommend sources of revenue authorized by Section
60 of this Act and undertake financial and budgeting
processes to fund selected fire protection service
projects. The Plan shall include amendment, termination,

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and enforcement provisions, specifically to include breach
or default in the payment and funding provisions of the
Plan and the penalties for such a breach, as well as the
means to enforce the provisions of the Plan by the affected
fire protection jurisdictions;
(7) Identify the composition of the Board and the
relative representation of each fire protection
jurisdiction on the Board; and
(8) Determine whether to seek a voter-approved Plan for
any non-elector initiated Authority the decision whether
to seek an elector-approved District in accordance with
Section 25 of this Act or an Intergovernmental Authority in
accordance with Section 30 of this Act.
(9) Once adopted, the Plan must be forwarded to the
participating fire protection jurisdictions' governing
bodies for their approval, and, if approved by all affected
fire protection jurisdictions, to either initiate the
election process of general election law under Section 25
of this Act, or for implementation by intergovernmental
agreement under Section 30 of this Act.
(10) For elector-approved Plans initiated by the fire
protection jurisdictions, if the ballot measure to adopt
the Plan is not approved by the voters, the Planning
Committee may reconvene to redefine the scope and purpose
of the District, its projects, financing plan, and the
ballot measure. The governing bodies of the member fire

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protection jurisdictions may approve a new Plan and ballot
measure, and may then submit the revised proposition to the
voters at a subsequent regular election. Alternatively,
the Plan may be approved and implemented under provisions
creating an Intergovernmental Authority pursuant to
Section 30 of this Act.
Section 60. Unified Fire Protection District; initial
startup.
(a) A District formed by voter petition in accordance with
Section 25, or as otherwise provided in this Act, shall
commence operations no later than 90 days after the date of the
election and shall operate for the purposes set forth in the
Plan. An Intergovernmental Authority comprised of governing
bodies of 2 or more fire protection jurisdictions shall be
considered to be formed upon approval of the governing bodies
of each member fire protection jurisdiction. The
Intergovernmental Authority shall commence operations on the
date identified in the Plan.
(b) Governing board. The District shall be governed by a
Board of 5 trustees. The Board shall elect a Chairperson from
among its members, who shall vote only in the case of a tie.
If a District is wholly contained within a single county,
the trustees for the District shall be appointed by the chief
executive officer of the county board with the advice and
consent of the county board. If the District lies within more

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than one county, the number of trustees who are residents of a
county shall be in proportion, as nearly as practicable, to the
number of residents of the District who reside in that county
in relation to the total population of the District, unless the
District has voted by referendum to elect the trustees.
Thereafter, each trustee shall be succeeded by a resident of
the same county who shall be appointed by the same appointing
authority. The appropriate appointing authorities shall
appoint 5 trustees of the District within 60 days after the
entry of the order establishing the District. The trustees
shall be electors in the District, provided that the Board
shall consist of a trustee representing each unit of local
government included in the District. The trustees shall hold
such terms of offices 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) Powers and duties. The District shall have the power,
duties, and obligations of a fire protection district as
otherwise provided under this Act, except as modified or
limited by the provisions of this Section. The District shall
develop a budget funded at a level sufficient to ensure that
the quality of service provided to the residents of the service

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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) Local fire departments. The establishment of a District
as a separate named unit of local government shall not prevent
the units of local government within it from identifying their
historical fire 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 District].
(e) Single chain of command. Upon the formation of a
District under either Section 25 or 30 of 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
District. Chiefs and subordinate chief officers who are
redundant under the single chain of command, or consolidated
shifts established by the Board, shall be eligible to apply for
vacancies in positions that may be established under the terms
of the intergovernmental agreement entered into by the parties,
provided that the positions shall not be available to any
person who is already retired and receiving benefits under
Article 4 of the Illinois Pension Code. These positions
include, but are not limited to, training officer, EMS
coordinator, fire inspector, or company officer. Any proposed
reduction to a bargaining unit position resulting from the
abolishment of a non-bargaining unit position shall be subject

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to compliance with the bargaining rights of any affected
collective bargaining representative.
Upon taking office, the fire chief of the District shall
command all shifts covering the unified service area of the
units of local government included in the District. 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 otherwise
provided under the provisions of this Act.
(f) Upon the organization of the District, 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 District shall be transferred to
the Board of the District 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 and EMS
personnel lawfully in the employment of any unit of local
government included in the District shall remain members of the
fire departments that they were serving on the effective date
of this amendatory Act of the 98th General Assembly, but shall
be subject to the unified chain of command established under
the Board.
A District 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

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the terms of the intergovernmental agreement agreed to by the
units of local government and the exclusive bargaining agents
representing employees engaged in providing fire protection or
emergency medical services within the service area of the
District provides otherwise.
(h) Contracts in effect between an exclusive bargaining
agent and a 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, any 2 or
more bargaining units may be consolidated into a single
bargaining unit.
(i) Any unit of local government that is included in a
District 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.
A District shall be eligible to receive the distribution of
income tax revenues collected from local taxpayers according to

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the same formula applicable to municipalities.
Section 65. Levy of taxes; limitations; indebtedness.
(a) To carry out the purposes for which a District is
created, a District 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.
(b) The inclusion of any unit of local government into a
District 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.
The inclusion of units of local government shall not
adversely affect proceedings for the collection or enforcement
of any tax. 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, to be used for
the purpose for which the tax was levied or assessed.
All suits pending in any court on behalf of or against any
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 a District under this Act may be

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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 a District shall be collected and
enforced by the District for its benefit unless otherwise
provided in the intergovernmental agreement.
The title to all property of a unit of local government
related to providing fire or emergency medical services in the
District that is transferred to the District under the terms of
the intergovernmental agreement shall remain vested in the unit
of local government to be held for the same purposes and uses,
and subject to the same conditions as before inclusion.
(c) Exclusivity. Any intergovernmental contracts otherwise
authorized by law that relate to the combination of contracts
or the integration of service areas where fire protection or
emergency medical services are performed shall be entered into
exclusively by referendum in accordance with this Section.
Section 70. Petition to dissolve a District; referendum.
The Board of a District may certify and submit the question of
dissolution of the District to the electors of the District.
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 District for their
approval or rejection as a single ballot measure. The
electorate consists of the voters voting within the boundaries

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of the existing District. A simple majority of the registered
voters voting on the single ballot measure is required to
approve dissolution of the petitioned District. The District
shall act in accordance with general election law. The District
seeking dissolution is liable for its proportionate share of
the costs of the election.
The question shall be in substantially the following form: -
---------------------------
For dissolution of the
.........Regional Fire
Protection Service Authority. -
---------------------------
Against dissolution of the
.........Regional Fire
Protection Service Authority. -
---------------------------
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 District shall revert to the component fire protection
jurisdictions comprising or contributing to the District,
proportional to each fire protection jurisdiction's
contribution. All such transfers and reassignments shall be
made in an expeditious and timely manner, and no longer than
120 days after the date upon which the District dissolution
vote was certified by local election authorities.

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Unlike an Intergovernmental Authority, which may convert
to an elector-approved authority as provided in Section 30 of
this Act, an elector-approved District may not convert to an
Intergovernmental Authority, its recourse being dissolution
rather than conversion.
Section 75. Intergovernmental Authority and District;
dissolution.
A District created by an intergovernmental agreement under
Section 30 may be dissolved upon consent of the component fire
protection jurisdictions comprising or contributing to the
District.
The board of the District seeking dissolution shall publish
a written notice of and hold a public hearing on its intention
to dissolve the District. If the District is located entirely
in one county, the notice shall be published in an English
language newspaper of general circulation published in the
District, or, if there is no such newspaper, in an English
language newspaper of general circulation published in the
county and having circulation in the District. If the District
is located primarily in one county but extends into smaller
portions of adjoining counties, the notice shall be published
in a newspaper of general circulation published in the
District, or, if there is no such newspaper, in a newspaper of
general circulation published in each county in which any part
of the District is located. If the District includes all or a

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large portion of two or more counties, the notice shall be
published in a newspaper of general circulation published in
each county in which any part of the District is located. The
notice shall appear not more than 30 and no less than 10 days
prior to the date of the public hearing.
All hearings shall be open to the public. The Board shall
explain the reasons for the proposed dissolution of the
District and shall permit persons an opportunity to present
testimony within reasonable time limits as the Board
determines.
A simple majority of votes the District is required for
dissolution of the District.
Upon approval of dissolution of a District, the assets,
liabilities, obligations, and personnel assigned or belonging
to the District shall revert to the component fire protection
jurisdictions comprising or contributing to the District, in
proportion to each fire protection jurisdiction's
contribution. All such transfers and reassignments shall be
made in an expeditious and timely manner, but no longer than
120 days after the date upon which the District dissolution
vote was affirmed by the District Board.
Section 99. Effective date. This Act takes effect upon
becoming law.