Bill Text: IL SB3097 | 2023-2024 | 103rd General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-03 - Rule 3-9(a) / Re-referred to Assignments [SB3097 Detail]

Download: Illinois-2023-SB3097-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3097

Introduced 2/2/2024, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:
70 ILCS 705/15e new

Amends the Fire Protection District Act. Provides that the Elk Grove Rural Fire Protection District shall be dissolved by operation of law on July 31, 2024. Includes procedures relating to winding up the district, including appointment of a trustee-in-dissolution or receiver to take the place of the board of trustees of the District and wind up the district. Provides that, notwithstanding any other provision of law, board of trustee members of the Elk Grove Rural Fire Protection District serving on October 1, 2023 shall continue as trustees until dissolution of the Elk Grove Rural Fire Protection District or termination of their terms by the appointment of a trustee-in-dissolution or receiver. Provides for the reinstatement of the terms of any trustee serving on October 1, 2023 whose term expired or whose term was vacated between October 1, 2023 and the effective date of the amendatory Act. Effective immediately.
LRB103 37711 AWJ 67838 b

A BILL FOR

SB3097LRB103 37711 AWJ 67838 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
5adding Section 15e as follows:
6 (70 ILCS 705/15e new)
7 Sec. 15e. Dissolution of Elk Grove Rural Fire Protection
8District.
9 (a) The Elk Grove Rural Fire Protection District shall be
10dissolved by operation of law on July 31, 2024. The Board of
11Trustees of the Elk Grove Rural Fire Protection District shall
12close up the business affairs of the Elk Grove Rural Fire
13Protection District, including by discharging all of the Elk
14Grove Rural Fire Protection District's liabilities and
15conveying title of the Elk Grove Rural Fire Protection
16District's real and personal property in accordance with the
17agreement entered into between the Elk Grove Rural Fire
18Protection District, the Village of Mount Prospect, and Elk
19Grove Township.
20 After all the debts and obligations of the Elk Grove Rural
21Fire Protection District have been satisfied, any remaining
22money of the Elk Grove Rural Fire Protection District shall be
23transferred to the Village of Mount Prospect on or before July

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131, 2024 in accordance with the agreement entered into between
2the Elk Grove Rural Fire Protection District, the Village of
3Mount Prospect, and Elk Grove Township.
4 The Board of Trustees of the Elk Grove Rural Fire
5Protection District may adopt one or more resolutions
6delegating its authority and obligations to close up the
7business affairs of the Elk Grove Rural Fire Protection
8District to one or more authorized delegees, who, upon
9adoption of such resolution or resolutions and approval of a
10court under subsection (c), shall have all the power of the
11Board of Trustees delegated through such resolution or
12resolutions, including the power to incur and pay, on behalf
13of the Elk Grove Rural Fire Protection District and without
14further action by the Board of Trustees, all costs and
15expenses reasonably necessary to close up the business affairs
16of the Elk Grove Rural Fire Protection District. Any such
17resolution or resolutions adopted by the Board of Trustees of
18the Elk Grove Rural Fire Protection District before the
19effective date this amendatory Act of the 103rd General
20Assembly that are consistent with this Section are ratified
21and authorized.
22 (b) Notwithstanding any other provision of law, board of
23trustee members of the Elk Grove Rural Fire Protection
24District serving on October 1, 2023 shall continue as
25trustees, regardless if they would be otherwise ineligible to
26serve as trustees of the District under this Act, until

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1dissolution of the Elk Grove Rural Fire Protection District or
2termination of their terms under subsection (c). If, between
3October 1, 2023 and the effective date of this amendatory Act
4of the 103rd General Assembly, the term of a trustee serving on
5October 1, 2023 expired or the trustee vacated the trustee's
6position by operation of law or voluntarily, that term of the
7trustee is reinstated on the effective date of this amendatory
8Act of the 103rd General Assembly.
9 Notwithstanding any other provision of law, including the
10Open Meetings Act:
11 (1) Meetings of the board of trustees of the Elk Grove
12 Rural Fire Protection District may be held in person or by
13 video or audio conference, telephone call, or other means
14 of contemporaneous interactive communication as long as
15 notice of the meetings have been given as provided in the
16 Open Meetings Act. If the meeting will be held by video or
17 audio conference, telephone call, or other means of
18 contemporaneous interactive communication, the notice must
19 provide information on how members of the public may view
20 or listen to the meeting and how public comment will be
21 permitted pursuant to subsection (g) of Section 2.06 of
22 the Open Meetings Act.
23 (2) The quorum required for a meeting of the board of
24 trustees of the Elk Grove Rural Fire Protection District
25 is 2 trustees, whether attending the meeting remotely or
26 in person. Actions of the board of trustees require

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1 approval by 2 trustees of the board.
2 (c) The Elk Grove Rural Fire Protection District may
3petition a court to ask for the appointment of one or more
4trustees-in-dissolution or receivers to act as its authorized
5delegee under subsection (a). Upon the appointment of one or
6more trustees-in-dissolution or receivers by a court, the
7terms of all board members of the Elk Grove Rural Fire
8Protection District are terminated and the
9trustees-in-dissolution or receivers have the powers given
10under subsection (a) to act in place of the board of trustees.
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