Bill Text: IL SB2569 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Fire Protection District Act. Provides that, when selling surplus real estate of a fire protection district, the value of the surplus real estate shall be determined by a written MAI certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser (currently, by only a written MAI certified appraisal conducted by a State certified or licensed real estate appraiser). Provides that, if a party fails to reimburse or make a payment to a fire protection district as required by the Act or the Hazardous Material Emergency Response Reimbursement Act, the fire protection district may institute a civil action to recover costs. Provides that, if the court determines that any violation of the Act has occurred, the court shall award to the prevailing fire protection district actual damages, reasonable attorney's fees, and court costs. Defines "prevailing fire protection district". Provides that the board of trustees of any fire protection district may provide for the planning and implementation of services necessary to prevent or respond to emergencies involving hazardous materials or both (rather than only to prevent or respond to emergencies involving hazardous materials). Provides that the board of trustees may fix, charge, and collect reasonable fees for hazardous material services provided by the district. Provides that the total amount collected may not exceed the reasonable cost of providing those hazardous material services. Provides that nothing in the Act prohibits a fire protection district from seeking any remedy under the Hazardous Material Emergency Response Reimbursement Act. Provides that, in addition to other specified purposes in the Act, a fire protection district may accumulate funds for other purposes. Provides that the funds may be accumulated in any fund of the district. Amends the Hazardous Material Emergency Response Reimbursement Act. Provides that an emergency response agency that is a fire protection district or municipality may institute a civil action to recover costs, including labor costs and the costs of equipment and expendables, incurred in responding to an emergency incident. Provides that the fire protection district or municipality may recover attorney's fees and costs if the district or municipality is the prevailing party. Defines "prevailing party".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-15 - Rule 3-9(a) / Re-referred to Assignments [SB2569 Detail]

Download: Illinois-2023-SB2569-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2569 Introduced 4/26/2023, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
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Amends the Fire Protection District Act. Provides that, when selling surplus real estate of a fire protection district, the value of the surplus real estate shall be determined by a written MAI certified appraisal or by a written certified appraisal of a State certified or licensed real estate appraiser (currently, by only a written MAI certified appraisal conducted by a State certified or licensed real estate appraiser). Provides that, if a party fails to reimburse or make a payment to a fire protection district as required by the Act or the Hazardous Material Emergency Response Reimbursement Act, the fire protection district may institute a civil action to recover costs. Provides that, if the court determines that any violation of the Act has occurred, the court shall award to the prevailing fire protection district actual damages, reasonable attorney's fees, and court costs. Defines "prevailing fire protection district". Provides that the board of trustees of any fire protection district may provide for the planning and implementation of services necessary to prevent or respond to emergencies involving hazardous materials or both (rather than only to prevent or respond to emergencies involving hazardous materials). Provides that the board of trustees may fix, charge, and collect reasonable fees for hazardous material services provided by the district. Provides that the total amount collected may not exceed the reasonable cost of providing those hazardous material services. Provides that nothing in the Act prohibits a fire protection district from seeking any remedy under the Hazardous Material Emergency Response Reimbursement Act. Provides that, in addition to other specified purposes in the Act, a fire protection district may accumulate funds for other purposes. Provides that the funds may be accumulated in any fund of the district. Amends the Hazardous Material Emergency Response Reimbursement Act. Provides that an emergency response agency that is a fire protection district or municipality may institute a civil action to recover costs, including labor costs and the costs of equipment and expendables, incurred in responding to an emergency incident. Provides that the fire protection district or municipality may recover attorney's fees and costs if the district or municipality is the prevailing party. Defines "prevailing party".
LRB103 32042 AWJ 60953 b
A BILL FOR
SB2569 LRB103 32042 AWJ 60953 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
changing Section 10a and 11g and adding Sections 2.5 and 11n as
follows:
(70 ILCS 705/2.5 new)
Sec. 2.5. Recovery of costs. Notwithstanding any provision
of this Act, if a party fails to reimburse or make a payment to
a fire protection district as required by this Act or the
Hazardous Material Emergency Response Reimbursement Act, the
fire protection district may institute a civil action to
recover costs. If the court determines that any violation of
this Act has occurred, the court shall award to the prevailing
fire protection district actual damages, reasonable attorney's
fees, and court costs. As used in this Section, "prevailing
fire protection district" includes any fire protection
district: (1) that obtains some of its requested relief
through a judicial judgment in its favor; (2) that obtains
some of its requested relief through any settlement agreement
approved by the court; or (3) whose pursuit of a nonfrivolous
claim was a catalyst for a unilateral change in position by the
opposing party relative to the relief sought.

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(70 ILCS 705/10a) (from Ch. 127 1/2, par. 30a)
Sec. 10a. Sale or exchange of property.
(a) The board of trustees of any fire protection district
incorporated under this Act may sell, lease or exchange
personalty and may sell or lease realty owned by the district
and no longer needed for fire protection purposes. Except as
provided in subsection (b), any realty sold pursuant to this
Section shall be sold to the highest and best bidder either at
public auction or on sealed bids. Notice of the public auction
or of the receipt of bids shall be published at least once in a
newspaper having a general circulation in the district or
posted in at least ten public places in the district at least
ten days before the date of the auction or the receipt of bids.
(b) The board of trustees may, by resolution, authorize
the sale of surplus real estate. The value of the surplus real
estate shall be determined by a written MAI certified
appraisal or by a written certified appraisal of conducted by
a State certified or licensed real estate appraiser. The
appraisal must be available for public inspection. The
resolution may direct the sale to be conducted directly by the
board of trustees or by listing with local, licensed real
estate agencies, in which case the terms of the agent's
compensation must be included in the resolution. The
resolution must also include pertinent information concerning
the size, use, and zoning of the real estate and the terms of

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the sale. The resolution must be published at the first
opportunity after the adoption of the resolution in a
newspaper of general circulation published in the district or,
if no newspaper is published in the district, a newspaper of
general circulation published in the county in which the
district is located. The board of trustees may accept any
contract proposal that the board determines is in the best
interest of the district, provided, however, that the sale
price may not be less than 80% of the appraised value of the
real estate.
(c) Nothing in this Section prevents a fire protection
district from transferring realty to another municipal
corporation or political subdivision pursuant to the Local
Government Property Transfer Act.
(Source: P.A. 91-68, eff. 1-1-00.)
(70 ILCS 705/11g) (from Ch. 127 1/2, par. 31g)
Sec. 11g. The board of trustees of any fire protection
district may provide for the planning and implementation of
services necessary to prevent or respond to emergencies
involving hazardous materials or both. The board of trustees
may fix, charge, and collect reasonable fees for hazardous
material services provided by the district. The total amount
collected may not exceed the reasonable cost of providing
those hazardous material services. Nothing in this Act
prohibits a fire protection district from seeking any remedy

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under the Hazardous Material Emergency Response Reimbursement
Act , provided that no fees shall be charged for such planning
and implementation.
(Source: P.A. 85-1285.)
(70 ILCS 705/11n new)
Sec. 11n. Accumulation of funds. In addition to the
purposes described in Section 14, a fire protection district
may accumulate funds for other purposes. Notwithstanding any
other provision of law, the funds may be accumulated in any
fund of the district.
Section 10. The Hazardous Material Emergency Response
Reimbursement Act is amended by adding Section 5.5 as follows:
(430 ILCS 55/5.5 new)
Sec. 5.5. Recovery of costs. Notwithstanding any other
provision of this Act, an emergency response agency that is a
fire protection district or municipality may institute a civil
action to recover costs, including labor costs and the costs
of equipment and expendables, incurred in responding to an
emergency incident. The fire protection district or
municipality may recover attorney's fees and costs if the
district or municipality is the prevailing party. As used in
this Section, "prevailing party" includes any fire protection
district or municipality: (1) that obtains some of its

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requested relief through a judicial judgment in its favor; (2)
that obtains some of its requested relief through any
settlement agreement approved by the court; or (3) whose
pursuit of a nonfrivolous claim was a catalyst for a
unilateral change in position by the opposing party relative
to the relief sought.
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INDEX
Statutes amended in order of appearance