103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2569
 
Introduced 4/26/2023, by Sen. Doris Turner
 
SYNOPSIS AS INTRODUCED:



See Index

 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
 


SB2569LRB103 32042 AWJ 60953 b



1 AN ACT concerning local government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Fire Protection District Act is amended by 
5changing Section 10a and 11g and adding Sections 2.5 and 11n as 
6follows:

7 (70 ILCS 705/2.5 new)
8 Sec. 2.5. Recovery of costs. Notwithstanding any provision 
9of this Act, if a party fails to reimburse or make a payment to 
10a fire protection district as required by this Act or the 
11Hazardous Material Emergency Response Reimbursement Act, the 
12fire protection district may institute a civil action to 
13recover costs. If the court determines that any violation of 
14this Act has occurred, the court shall award to the prevailing 
15fire protection district actual damages, reasonable attorney's 
16fees, and court costs. As used in this Section, "prevailing 
17fire protection district" includes any fire protection 
18district: (1) that obtains some of its requested relief 
19through a judicial judgment in its favor; (2) that obtains 
20some of its requested relief through any settlement agreement 
21approved by the court; or (3) whose pursuit of a nonfrivolous 
22claim was a catalyst for a unilateral change in position by the 
23opposing party relative to the relief sought.




 
 
SB2569- 2 -LRB103 32042 AWJ 60953 b


1 (70 ILCS 705/10a) (from Ch. 127 1/2, par. 30a)



2 Sec. 10a. Sale or exchange of property. 

3 (a) The board of trustees of any fire protection district

4incorporated under this Act may sell, lease or exchange 
5personalty and
may sell or lease realty owned by the district 
6and no longer needed for
fire protection purposes. Except as 
7provided in subsection (b), any realty
sold pursuant to this 
8Section shall be
sold to the highest and best bidder either at 
9public auction or on sealed
bids. Notice of the public auction 
10or of the receipt of bids shall be
published at least once in a 
11newspaper having a general circulation in the
district or 
12posted in at least ten public places in the district at least

13ten days before the date of the auction or the receipt of bids.

14 (b) The board of trustees may, by resolution, authorize 
15the sale of
surplus real
estate. The value of the surplus real 
16estate shall be determined by a written
MAI certified

17appraisal or by a written certified appraisal of conducted by 
18a State certified or licensed real estate
appraiser. The

19appraisal must be available for public inspection. The 
20resolution may direct
the sale to be
conducted directly by the 
21board of trustees or by listing with local, licensed
real 
22estate
agencies, in which case the terms of the agent's 
23compensation must be included
in the
resolution. The 
24resolution must also include pertinent information concerning

25the size,
use, and zoning of the real estate and the terms of 
 
 
SB2569- 3 -LRB103 32042 AWJ 60953 b


1the sale. The resolution
must be published at the first 
2opportunity after the adoption of
the
resolution in a 
3newspaper of general circulation published in the district or,

4if no
newspaper is published in the district, a newspaper of 
5general circulation
published in the
county in which the 
6district is located. The board of trustees may accept any

7contract proposal that the board determines
is in the best 
8interest of the district, provided, however, that the sale 
9price
may not be less
than 80% of the appraised value of the 
10real estate.

11 (c) Nothing in this Section prevents a fire
protection 
12district
from
transferring realty to another municipal 
13corporation or political
subdivision pursuant to the Local 
14Government Property Transfer Act.

15(Source: P.A. 91-68, eff. 1-1-00.)





16 (70 ILCS 705/11g) (from Ch. 127 1/2, par. 31g)



17 Sec. 11g. 
The board of trustees of any fire protection 
18district may
provide for the planning and implementation of 
19services necessary to
prevent or respond to emergencies 
20involving hazardous materials or both. The board of trustees 
21may fix, charge, and collect reasonable fees for hazardous 
22material services provided by the district. The total amount 
23collected may not exceed the reasonable cost of providing 
24those hazardous material services. Nothing in this Act 
25prohibits a fire protection district from seeking any remedy 
 
 
SB2569- 4 -LRB103 32042 AWJ 60953 b


1under the Hazardous Material Emergency Response Reimbursement 
2Act , provided
that no fees shall be charged for such planning 
3and implementation.

4(Source: P.A. 85-1285.)


5 (70 ILCS 705/11n new)
6 Sec. 11n. Accumulation of funds. In addition to the 
7purposes described in Section 14, a fire protection district 
8may accumulate funds for other purposes. Notwithstanding any 
9other provision of law, the funds may be accumulated in any 
10fund of the district.


11 Section 10. The Hazardous Material Emergency Response 
12Reimbursement Act is amended by adding Section 5.5 as follows:

13 (430 ILCS 55/5.5 new)
14 Sec. 5.5. Recovery of costs. Notwithstanding any other 
15provision of this Act, an emergency response agency that is a 
16fire protection district or municipality may institute a civil 
17action to recover costs, including labor costs and the costs 
18of equipment and expendables, incurred in responding to an 
19emergency incident. The fire protection district or 
20municipality may recover attorney's fees and costs if the 
21district or municipality is the prevailing party. As used in 
22this Section, "prevailing party" includes any fire protection 
23district or municipality: (1) that obtains some of its 
 
 
SB2569- 5 -LRB103 32042 AWJ 60953 b


1requested relief through a judicial judgment in its favor; (2) 
2that obtains some of its requested relief through any 
3settlement agreement approved by the court; or (3) whose 
4pursuit of a nonfrivolous claim was a catalyst for a 
5unilateral change in position by the opposing party relative 
6to the relief sought.

 
 
SB2569- 6 -LRB103 32042 AWJ 60953 b


1
INDEX

2
Statutes amended in order of appearance