HB1740 EngrossedLRB103 27957 AWJ 54335 b HB1740 Engrossed LRB103 27957 AWJ 54335 b HB1740 Engrossed LRB103 27957 AWJ 54335 b 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Rescue Squad Districts Act is amended by 5 changing Sections 1, 2, 3, 4, 5, 6, 6.5, 7, 8, 11, 11.5, 13, 6 14, and 15 and by adding Sections 2.5, 11.3, and 11.4 as 7 follows: 8 (70 ILCS 2005/1) (from Ch. 85, par. 6851) 9 Sec. 1. This Act may be cited as the Emergency Services 10 Rescue Squad Districts Act. 11 (Source: P.A. 86-916.) 12 (70 ILCS 2005/2) (from Ch. 85, par. 6852) 13 Sec. 2. Any contiguous territory having a population of 14 not less than 300 inhabitants and no part of which is already 15 included in an emergency services a rescue squad district, and 16 no part of which is located in a fire protection district that 17 provides rescue services, may be organized as an emergency 18 services a rescue squad district as provided in this Act. 19 However, an emergency services district may be organized in 20 whole or in part within a fire protection district that 21 provides rescue services if the emergency services district is 22 formed and operated solely to provide ambulance services. HB1740 Engrossed LRB103 27957 AWJ 54335 b HB1740 Engrossed- 2 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 2 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 2 - LRB103 27957 AWJ 54335 b 1 Any 5% of the legal voters within the limits of the 2 proposed emergency services rescue squad district may petition 3 the circuit court for the county in which the territory lies to 4 order the question whether the territory shall be organized as 5 an emergency services a rescue squad district under this Act 6 to be submitted to the legal voters of the territory, but every 7 petition shall be signed by at least 25 legal voters residing 8 within the territory proposed to be organized as an emergency 9 services a rescue squad district, and in case the territory 10 includes more than one city, village or incorporated town, or 11 any portions thereof, or includes one or more cities, villages 12 or incorporated towns, or any portion thereof, and territory 13 not a part of any city, village or incorporated town, then the 14 petition must be signed by at least 5% of the legal voters 15 residing in each of those cities, villages, or incorporated 16 towns, or portions thereof, and by at least 5% of the legal 17 voters residing in the territory not a part of any city, 18 village or incorporated town. The petition shall contain a 19 definite description of the boundaries of the territory 20 proposed to be organized as an emergency services a rescue 21 squad district, and shall set forth the name of the proposed 22 district, which name shall be The .... Emergency Services 23 Rescue Squad District. 24 (Source: P.A. 86-916.) 25 (70 ILCS 2005/2.5 new) HB1740 Engrossed - 2 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 3 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 3 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 3 - LRB103 27957 AWJ 54335 b 1 Sec. 2.5. Rescue squad district continuance. A rescue 2 squad district organized under this Act before the effective 3 date of this amendatory Act of the 103rd General Assembly may 4 (i) continue to be named a rescue squad district or be renamed 5 an emergency services district by ordinance of the board of 6 trustees of the district, (ii) operate under the provisions of 7 this Act as if they were organized as an emergency services 8 district, and (iii) continue exercising taxing authority 9 granted to it that was approved before the effective date of 10 this amendatory Act of the 103rd General Assembly and the 11 taxes may be used for any purpose allowed under this Act. 12 (70 ILCS 2005/3) (from Ch. 85, par. 6853) 13 Sec. 3. Upon the filing of a petition in the office of the 14 circuit clerk, the court to whom the petition is addressed 15 shall give notice of the time and place of a hearing on the 16 question of the necessity for the organization of an emergency 17 services a rescue squad district and of the boundaries of the 18 proposed district. The notice shall be published at least once 19 each week for 2 weeks in one or more newspapers of general 20 circulation in the proposed district, and a copy of the notice 21 shall be posted in at least 10 of the most public places in the 22 proposed district at least 10 days before the hearing. The 23 hearing shall be held within 20 days after the petition is 24 filed with the circuit clerk. 25 The court shall preside at the hearing, and all persons HB1740 Engrossed - 3 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 4 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 4 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 4 - LRB103 27957 AWJ 54335 b 1 resident within the territory proposed to be organized as an 2 emergency services a rescue squad district shall be given an 3 opportunity to be heard touching the necessity of the 4 organization of a district and to make suggestions regarding 5 the boundaries of the district. After hearing the statements, 6 evidence and suggestions, if the court determines that 7 considerations of public health and welfare make the 8 organization of a district necessary, it shall fix the 9 boundaries of the proposed emergency services rescue squad 10 district and, for that purpose and to that extent, may alter 11 and amend the petition. In case the boundaries as fixed by the 12 court include any territory not included in the boundaries as 13 described in the original petition, the court shall cause a 14 notice to be inserted at least twice in some newspaper of 15 general circulation in the additional territory, which notice 16 shall state the time and place at which a hearing will be held 17 to permit the owners of the land in the additional territory to 18 appear and be heard on the question of including the 19 additional territory. The notice shall be published at least 20 10 days before the hearing, and the hearing shall be held 21 within 3 weeks after the court first fixes the boundaries. At 22 the hearing the boundaries of the proposed district shall be 23 finally fixed by the court. 24 (Source: P.A. 86-916.) 25 (70 ILCS 2005/4) (from Ch. 85, par. 6854) HB1740 Engrossed - 4 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 5 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 5 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 5 - LRB103 27957 AWJ 54335 b 1 Sec. 4. The determination of the court as to the necessity 2 for the organization of the proposed emergency services rescue 3 squad district, together with the description of the 4 boundaries of the district as fixed by the court, shall be 5 entered of record in the court. Thereupon the court shall 6 certify the question of the organization of the territory 7 included within the boundaries fixed by it as an emergency 8 services a rescue squad district to the proper election 9 officials, who shall submit the question to the legal voters 10 resident within the territory at an election to be held in the 11 district. Notice of the referendum shall be given and the 12 referendum conducted in the manner provided by the general 13 election law. The notice of the election shall state the 14 purpose of the referendum, describe the territory proposed to 15 be organized as an emergency services a rescue squad district, 16 and state the time of the election. 17 The proposition shall be in substantially the following 18 form: 19 ------------------------------------------------------------- 20 Shall this territory (describing 21 it) be organized as The ........... YES 22 Emergency Services Rescue Squad 23 District and shall the 24 District be authorized to levy and ---------------------- 25 collect a property tax not to exceed 26 .20% on the property situated in the NO HB1740 Engrossed - 5 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 6 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 6 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 6 - LRB103 27957 AWJ 54335 b 1 District? 2 ------------------------------------------------------------- 3 The court shall cause a statement of the result to be 4 entered of record in the court. 5 (Source: P.A. 86-916.) 6 (70 ILCS 2005/5) (from Ch. 85, par. 6855) 7 Sec. 5. If a majority of the votes cast on the question are 8 in favor of the organization of the territory as an emergency 9 services a rescue squad district, the territory shall be an 10 organized emergency services rescue squad district under this 11 Act. The district shall have the name set forth in the petition 12 and by such name may transact all corporate business. The name 13 of a rescue squad district may be modified under Section 2.5. 14 The district shall constitute a body corporate and politic. 15 All courts of this State shall take judicial notice of the 16 organization of the emergency services rescue squad district. 17 (Source: P.A. 86-916.) 18 (70 ILCS 2005/6) (from Ch. 85, par. 6856) 19 Sec. 6. Within 60 days after the organization of an 20 emergency services any rescue squad district under the 21 provisions of this Act, a board of trustees, consisting of 5 22 members, for the government and control of the affairs and 23 business of the emergency services rescue squad district shall 24 be appointed in the following manner: HB1740 Engrossed - 6 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 7 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 7 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 7 - LRB103 27957 AWJ 54335 b 1 (1) If the district lies wholly within a single 2 township, the board of trustees of that township shall 3 appoint the trustees for the district, but no township 4 official is eligible for such appointment. 5 (2) If the district is not contained wholly within a 6 single township, but is located wholly within a single 7 county, the trustees for the district shall be appointed 8 by the presiding officer of the county board, with the 9 advice and consent of the county board. 10 (3) If the district lies wholly within a municipality, 11 the governing body of the municipality shall appoint 12 trustees for the district. 13 (4) If the district does not conform to any of the 14 foregoing classifications, the trustees for the district 15 shall be from each county in the district in numbers 16 proportionate, as nearly as practicable, to the number of 17 residents of the district who reside in each county in 18 relation to the total population of the district. Trustees 19 shall be appointed by the county board of their respective 20 counties, or in the case of a home rule county as defined 21 by Section 6 of Article VII of the Illinois Constitution, 22 by the chief executive officer of that county, with the 23 advice and consent of the county board. 24 Upon the expiration of the term of a trustee who is in 25 office at the time of the publication of each decennial 26 federal census of population, the successor shall be a HB1740 Engrossed - 7 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 8 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 8 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 8 - LRB103 27957 AWJ 54335 b 1 resident of whichever county is entitled to the representation 2 in order to bring about the proportional representation 3 required by this Act, and the successor shall be appointed by 4 the appointing authority of that county. Thereafter, each 5 trustee shall be succeeded by a resident of the same county, 6 who shall be appointed by the same appointing authority. Of 7 the trustees first appointed, 3 shall hold office until the 8 second Monday in December after the next succeeding general 9 election for members of the General Assembly and 2 shall hold 10 office until the second Monday in December 2 years after the 11 next succeeding general election for members of the General 12 Assembly, and until their successors are appointed and 13 qualified. Thereafter, the trustees of the district shall be 14 appointed in every year in which the term of any of the 15 trustees expires and shall hold office for 4 years and until 16 their successors are appointed and qualified. Each trustee 17 shall be a legal voter in the district. Each trustee shall be 18 compensated at the same rate, which shall not exceed $750 per 19 fiscal year, as determined by the board of trustees. 20 Whenever a vacancy occurs in the board of trustees the 21 appropriate appointing authority shall appoint some person to 22 fill the remainder of the unexpired term. 23 (Source: P.A. 86-916.) 24 (70 ILCS 2005/6.5) 25 Sec. 6.5. Change to elected board of trustees; petition; HB1740 Engrossed - 8 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 9 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 9 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 9 - LRB103 27957 AWJ 54335 b 1 election; ballot; nomination and election of trustees. An 2 emergency services Any rescue squad district organized under 3 this Act may have an elected, rather than an appointed, board 4 of trustees if approved by referendum. Upon presentation to 5 the board of trustees of a petition, signed by not less than 6 10% of the electors of the district, requesting that a 7 proposition for the election of trustees be submitted to the 8 electors of the district, the secretary of the board of 9 trustees shall certify the proposition to the appropriate 10 election authorities who shall submit the proposition at a 11 regular election in accordance with the general election law. 12 The general election law shall apply to and govern such 13 election. The proposition shall be in substantially the 14 following form: 15 ---------------------------------------------- 16 Shall the trustees of ...... YES 17 Emergency Services Rescue Squad 18 District be elected, rather -------------------- 19 than appointed? NO 20 ------------------------------------------------------------- 21 If a majority of the votes cast on such proposition 22 are in the affirmative, the trustees of the district shall 23 thereafter be elected as provided by this Section. 24 At the next regular election for trustees as provided by 25 the general election law, a district that has approved by 26 referendum to have its trustees elected rather than appointed HB1740 Engrossed - 9 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 10 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 10 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 10 - LRB103 27957 AWJ 54335 b 1 shall elect 5 initial trustees. The initial elected trustees 2 shall be elected as follows: 2 shall be elected for terms of 2 3 years, 2 for terms of 4 years, and one for a term of 6 years. 4 Except as otherwise provided in Section 2A-54 of the Election 5 Code, the term of each elected trustee shall commence on the 6 third Monday of the month following the month of his or her 7 election and until his or her successor is elected and 8 qualified. The length of the terms of the trustees first 9 elected shall be determined by lot at their first meeting. 10 Thereafter, except as otherwise provided in Section 2A-54 of 11 the Election Code, each trustee shall be elected to serve for a 12 term of 4 years commencing on the third Monday of the month 13 following the month of his or her election and until his or her 14 successor is elected and qualified. 15 No party designation shall appear on the ballot for 16 election of trustees. The provisions of the general election 17 law shall apply to and govern the nomination and election of 18 trustees. 19 Nominations for members of the board of trustees shall be 20 made by a petition signed by at least 25 voters or 5% of the 21 voters, whichever is less, residing within the district and 22 shall be filed with the secretary of the board. In addition to 23 the requirements of general election law, the form of the 24 petition shall be as follows: 25 NOMINATING PETITIONS 26 To the Secretary of the Board of Trustees of (name of HB1740 Engrossed - 10 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 11 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 11 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 11 - LRB103 27957 AWJ 54335 b 1 emergency services rescue squad district): 2 We, the undersigned, being (number of signatories or 5% or 3 more) of the voters residing within the district, hereby 4 petition that (name of candidate) who resides at (address of 5 candidate) in this district shall be a candidate for the 6 office of (office) of the Board of Trustees (full-term or 7 vacancy) to be voted for at the election to be held (date of 8 election). 9 The secretary of the board shall notify each candidate for 10 whom a petition for nomination has been filed of their 11 obligations under the Campaign Financing Act, as required by 12 the general election law. The notice shall be given on a form 13 prescribed by the State Board of Elections and in accordance 14 with the requirements of the general election law. 15 The secretary shall, within 7 days of filing or on the last 16 day for filing, whichever is earlier, acknowledge to the 17 petitioner in writing his acceptance of the petition. 18 The provisions of Section 6 relating to eligibility and 19 compensation of trustees shall apply equally to elected 20 trustees. 21 Whenever an emergency services a rescue squad district 22 determines to elect trustees as provided in this Section, the 23 trustees appointed pursuant to Section 6 shall continue to 24 constitute the board of trustees until the third Monday of the 25 month following the month of the first election of trustees. 26 If the term of office of any appointed trustees expires before HB1740 Engrossed - 11 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 12 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 12 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 12 - LRB103 27957 AWJ 54335 b 1 the first election of trustees, the authority which appointed 2 that trustee under Section 6 of this Act shall appoint a 3 successor to serve until a successor is elected and has 4 qualified. The terms of all appointed trustees in such 5 district shall expire on the third Monday of the month 6 following the month of the first election of trustees under 7 this Section or when successors have been elected and have 8 qualified, whichever occurs later. 9 (Source: P.A. 99-295, eff. 8-6-15.) 10 (70 ILCS 2005/7) (from Ch. 85, par. 6857) 11 Sec. 7. The trustees appointed in accordance with this Act 12 shall constitute a board of trustees for the emergency 13 services rescue squad district for which they are appointed, 14 and that board of trustees is declared to be the corporate 15 authority of the district and shall exercise all of the powers 16 and control all of the affairs and property of the district. 17 The board of trustees may provide and adopt a corporate seal. 18 Immediately after their appointment and at their first meeting 19 in December of each year thereafter, the board of trustees 20 shall elect one of their number as president, one as 21 secretary, and one as treasurer, and shall elect such other 22 officers as may be necessary. The board of trustees shall 23 provide for the time and place of holding regular meetings and 24 may establish rules for board proceedings. Special meetings 25 may be called by the president of the board or by any 3 HB1740 Engrossed - 12 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 13 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 13 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 13 - LRB103 27957 AWJ 54335 b 1 trustees, but each member of the board shall be given notice of 2 a special meeting at least 24 hours before the meeting. All of 3 the meetings of the board, whether regular or special, shall 4 be open to the public. A majority of the board of trustees 5 shall constitute a quorum, but a smaller number may adjourn 6 from day to day. The board shall keep a regular book of records 7 of all of the proceedings of the board, which book shall be 8 open to the inspection of any person residing in the district 9 at all reasonable and proper times. 10 (Source: P.A. 86-916.) 11 (70 ILCS 2005/8) (from Ch. 85, par. 6858) 12 Sec. 8. The board of trustees of the district shall have 13 power to take all necessary or proper steps to provide rescue 14 services within the district; to purchase equipment, supplies, 15 and materials; to recruit, employ, or contract with ambulance, 16 rescue squad, or both ambulance and rescue squad personnel, 17 who shall be compensated at a rate determined by the board of 18 trustees; and generally to do any and all things necessary or 19 incident to the powers granted by this Act and to carry out the 20 objects of this Act. 21 (Source: P.A. 86-916.) 22 (70 ILCS 2005/11) (from Ch. 85, par. 6861) 23 Sec. 11. An emergency services A rescue squad district 24 organized under this Act may levy and collect a general tax on HB1740 Engrossed - 13 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 14 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 14 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 14 - LRB103 27957 AWJ 54335 b 1 the property situated in the district, but the aggregate 2 amount of taxes levied for any one year shall not exceed the 3 rate of .20% of value, as equalized or assessed by the 4 Department of Revenue. The board of trustees shall determine 5 and certify the amount to be levied and shall return the same 6 to the county clerk. The limitation upon the tax rate may be 7 increased or decreased under the referendum provisions of the 8 General Revenue Law of Illinois. 9 In case the district is located in more than one county, 10 the board of trustees shall determine and certify the amount 11 to be levied upon the taxable property lying in each county and 12 return the same to the respective county clerks of the 13 counties in which the amount is to be levied. In order to 14 determine the amount to be levied upon the taxable property of 15 that part of the district lying in each county, the board shall 16 ascertain from the county clerk of the respective counties in 17 which the district lies the last ascertained equalized value 18 of the taxable property of the district lying in their 19 respective counties, then shall ascertain the rate per cent 20 required and shall, accordingly, apportion the whole amount to 21 be raised between the several parts of the district so lying in 22 the different counties. The tax provided for in this Section 23 shall be levied at the same time and in the same manner as 24 nearly as practicable as taxes are now levied for municipal 25 purposes under the laws of this State. 26 All general taxes under this Act, when collected, shall be HB1740 Engrossed - 14 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 15 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 15 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 15 - LRB103 27957 AWJ 54335 b 1 paid over to the treasurer of the board of trustees, who is 2 authorized to receive and receipt for the same. 3 (Source: P.A. 86-916.) 4 (70 ILCS 2005/11.3 new) 5 Sec. 11.3. Ambulance service. 6 (a) The board of trustees may provide ambulance service to 7 or from points within or without the district, contract with 8 providers of ambulance service, combine with other units of 9 local government for the purpose of providing ambulance 10 service, and adopt rules and regulations relating to ambulance 11 service within the board's jurisdiction. 12 (b) The board of trustees may: 13 (1) contract with a private person, hospital, 14 corporation, or another governmental unit for the 15 provision and operation of ambulance service or subsidize 16 the ambulance service; 17 (2) limit the number of ambulance services by 18 referendum; 19 (3) within its jurisdiction, fix, charge, and collect 20 fees for ambulance service within or outside of the fire 21 protection district not exceeding the reasonable cost of 22 the service; and 23 (4) establish necessary regulations not inconsistent 24 with the statutes or regulations of the Department of 25 Public Health relating to ambulance service. HB1740 Engrossed - 15 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 16 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 16 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 16 - LRB103 27957 AWJ 54335 b 1 The board of trustees may limit the number of ambulances 2 under paragraph (2) or establish regulations under paragraph 3 (4) if a referendum under Section 11.5 has been approved. 4 (70 ILCS 2005/11.4 new) 5 Sec. 11.4. Charge for ambulance service. 6 (a) The board of trustees of a district may fix, charge, 7 and collect fees not exceeding the reasonable cost of the 8 service for ambulance services rendered by the district 9 against persons who are not residents of the district and 10 against businesses and other entities that are not located 11 within the district. 12 (b) A fee charged under subsection (a) shall be computed 13 at a rate not to exceed $250 per hour and not to exceed $70 per 14 hour per ambulance worker responding to a call for assistance. 15 An additional fee may be charged to reimburse the district for 16 extraordinary expenses of materials used in rendering 17 ambulance services. No charge shall be made for services for 18 which the total charge would be less than $50. 19 (c) All revenue from the fees charged under this Section 20 shall be deposited to the district's general fund. 21 (70 ILCS 2005/11.5) 22 Sec. 11.5. Ambulance service tax. Whenever the board of 23 trustees of an emergency services a rescue squad district 24 desires to levy a special tax to provide an ambulance service HB1740 Engrossed - 16 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 17 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 17 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 17 - LRB103 27957 AWJ 54335 b 1 or support an existing ambulance service, it shall certify the 2 question to the proper election officials, who shall submit 3 that question at an election to the voters of the district. The 4 result of the referendum shall be entered upon the records of 5 the district. If a majority of the votes on the question are in 6 favor of the question, the board of trustees may then levy a 7 special tax at a rate not to exceed 0.40% of the value of all 8 taxable property within the district as equalized or assessed 9 by the Department of Revenue. The question shall be in 10 substantially the following form: 11 ---------------------------- 12 Shall the .... 13 Emergency Services Rescue Squad 14 District levy a special tax at a rate YES 15 not to exceed 0.40% of the value of all 16 taxable property within the district ----------------- 17 as equalized or assessed by the 18 Department of Revenue for the purpose NO 19 of providing or supporting an ambulance 20 service? 21 ------------------------------------------------------------- 22 A tax levied under Section 11 may be used for ambulance 23 services as well as a tax levied under this Section. 24 (Source: P.A. 100-1120, eff. 1-1-19.) 25 (70 ILCS 2005/13) (from Ch. 85, par. 6863) HB1740 Engrossed - 17 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 18 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 18 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 18 - LRB103 27957 AWJ 54335 b 1 Sec. 13. Any territory lying adjacent and contiguous to an 2 emergency services a rescue squad district, and not part of 3 another emergency services rescue squad district and not part 4 of a fire protection district that provides rescue services, 5 may be annexed to the district as provided in this Section. 6 Upon petition in writing, describing the territory 7 proposed to be annexed and signed by a majority of the legal 8 voters in that territory and by the owners of more than half of 9 the taxable property in that territory as shown by the last 10 ascertained equalized value of the taxable property in that 11 territory being filed with the trustees of the district, the 12 trustees may annex the territory by a resolution which shall 13 be published at least once in a newspaper having a general 14 circulation in the territory and shall include a notice of (1) 15 the specific number of voters required to sign a petition 16 requesting that the question of the adoption of the resolution 17 be submitted to the electors of the territory, (2) the time in 18 which the petition must be filed, and (3) the date of the 19 prospective referendum. The county clerk of the county in 20 which the territory is situated shall provide a petition form 21 to any individual requesting one. The resolution shall be 22 effective 45 days from the date of publication and is subject 23 to a referendum, if a referendum is requested, before the 24 effective date of the resolution, by the lesser of 1,000 25 voters or 5% of the voters in the district. The trustees may 26 also order the question of the annexation of the territory to HB1740 Engrossed - 18 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 19 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 19 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 19 - LRB103 27957 AWJ 54335 b 1 be submitted to the legal voters of the district at a regular 2 election by certifying the question to the proper election 3 officials. Notice of the election shall be given and the 4 election conducted in the manner provided by the general 5 election law. The proposition shall be stated as follows: 6 "Shall the territory (describing it) be annexed to The .... 7 Emergency Services Rescue Squad District?" If the majority of 8 all the votes cast on the question is in favor of annexation, 9 the board of trustees shall so certify to the county clerk, and 10 within 10 days of the election the trustees by an order duly 11 entered upon their records shall annex the territory to the 12 district and shall file a map of the annexed territory in the 13 office of the county clerk of the county where the annexed 14 territory is situated. Thereupon the territory shall be deemed 15 annexed to and shall be a part of the emergency services rescue 16 squad district. 17 (Source: P.A. 86-916.) 18 (70 ILCS 2005/14) (from Ch. 85, par. 6864) 19 Sec. 14. A district organized under this Act may be 20 dissolved and discontinued upon like petition, hearing and 21 election as is provided in this Act for the organization of a 22 district. If a majority of the votes cast on the question at 23 the election are in favor of dissolution, the court shall 24 enter an order of record in the court dissolving the district. 25 The trustees of the district shall immediately proceed to wind HB1740 Engrossed - 19 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 20 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 20 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 20 - LRB103 27957 AWJ 54335 b 1 up the affairs of the district and shall have the same powers 2 as before dissolution to levy taxes for the purpose of paying 3 the debts, obligations and liabilities of the district 4 outstanding on the date of dissolution and the necessary 5 expenses of closing up the affairs of the district. All 6 property of the district shall be sold and, in case any excess 7 remains after all liabilities of the district are paid, the 8 excess shall be paid to the various common school districts 9 located in the district ratably in the proportion that the 10 taxable value of all the property in each of the school 11 districts bears to the taxable value of all the property in the 12 emergency services rescue squad district. 13 (Source: P.A. 86-916.) 14 (70 ILCS 2005/15) (from Ch. 85, par. 6865) 15 Sec. 15. The owner or owners of record of any area of land 16 consisting of one or more tracts lying within the corporate 17 limits of an emergency services a rescue squad district may 18 have the area disconnected from the district as provided in 19 this Section. 20 The owner or owners of record of the tract or tracts of 21 land shall file a petition in the circuit court of the county 22 in which the district was organized alleging facts in support 23 of disconnection, including the following: 24 (1) That the tract or tracts involved are located upon 25 the border of the district. HB1740 Engrossed - 20 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 21 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 21 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 21 - LRB103 27957 AWJ 54335 b 1 (2) That disconnection will not result in the 2 isolation of any part of the district from the remainder 3 of the district. 4 (3) That disconnection will not destroy or impair the 5 effectiveness of the district in the performance of its 6 lawful functions. 7 (4) That disconnection will not jeopardize the 8 financial position of the district. 9 (5) That disconnection will not adversely affect the 10 public health and welfare. 11 (6) That rescue services are provided by a fire 12 protection district or other unit of local government. 13 The district from which disconnection is sought shall be 14 made a defendant, and it or any taxpayer residing in the 15 district may appear and defend against the petition. The court 16 shall set the petition for hearing on a date not less than 30 17 days after the filing of the petition. If the court finds that 18 the allegations of the petition are true and that the area of 19 land is entitled to disconnection, it shall order the 20 specified land disconnected from the district and thereupon 21 that land shall cease to be a part of the district. The land 22 shall not, however, be relieved from any bonded indebtedness 23 of the district previously created as to that land's 24 proportionate share. The decision of the court is appealable 25 as in other civil cases. 26 (Source: P.A. 86-916.) HB1740 Engrossed - 21 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 22 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 22 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 22 - LRB103 27957 AWJ 54335 b 1 Section 10. The Collective Bargaining Freedom Act is 2 amended by changing Section 10 as follows: 3 (820 ILCS 12/10) 4 Sec. 10. Definitions. In this Act: 5 "Employer" includes any person acting as an agent of an 6 employer, directly or indirectly, but does not include the 7 United States or any wholly owned government corporation, or 8 any Federal Reserve Bank, or any State or political 9 subdivision thereof, or any person subject to the Railway 10 Labor Act, 45 U.S.C. 151 et seq., as amended from time to time, 11 or any labor organization (other than when acting as an 12 employer), or anyone acting in the capacity of officer or 13 agent of such labor organization. 14 "Interested party" means a person with an interest in 15 compliance with this Act. 16 "Labor organization" means any organization of any kind, 17 or any agency or employee representation committee or plan, in 18 which employees participate and that exists for the purpose, 19 in whole or in part, of dealing with employers concerning 20 grievances, labor disputes, wages, rates of pay, hours of 21 employment, or conditions of work. 22 "Local government" and "political subdivision" include, 23 but are not limited to, any county, city, town, township, 24 village, municipality or subdivision thereof, airport HB1740 Engrossed - 22 - LRB103 27957 AWJ 54335 b HB1740 Engrossed- 23 -LRB103 27957 AWJ 54335 b HB1740 Engrossed - 23 - LRB103 27957 AWJ 54335 b HB1740 Engrossed - 23 - LRB103 27957 AWJ 54335 b 1 authority, cemetery district, State college or university, 2 community college, conservation district, drainage district, 3 electric agency, exposition and auditorium authority, fire 4 protection district, flood prevention district, forest 5 preserve district, home equity program, hospital district, 6 housing authority, joint action water agency, mass transit 7 district, mosquito abatement district, multi-township 8 assessment district, museum district, natural gas agency, park 9 district, planning agency, port district, public building 10 commission, public health district, public library district, 11 public water district, emergency services rescue squad 12 district, river conservancy district, road and bridge 13 district, road district, sanitary district, school district, 14 soil and water conservation district, solid waste agency, 15 special recreation association, street lighting district, 16 surface water district, transportation authority, water 17 authority, water commission, water reclamation district, water 18 service district, municipal corporation, and any other 19 district, agency, or political subdivision authorized to 20 legislate or enact laws affecting its respective jurisdiction, 21 notwithstanding such local government or political 22 subdivision's authority to exercise any power and perform any 23 function pertaining to its government and affairs granted to 24 it by the Illinois Constitution, a law, or otherwise. 25 (Source: P.A. 101-3, eff. 4-12-19.) 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