Illinois 100th Regular Session Status: Enacted

SB 2598 — FIRE PROTECT DIST-DISCONNECT

Last action — Public Act . . . . . . . . . 100-1072

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 07, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Fire Protection District Act. Provides that a home rule municipality may file a petition to disconnect fire protection district territory from the district if: the municipality's fire department services at least 80% of the municipality; the disconnection will not cause the territory of the district to be noncontiguous; and the loss of assessed valuation by reason of the disconnection of the territory will not impair the ability of the district to render adequate fire protection service to the territory remaining in the district. Provides that territory disconnected shall remain liable for its proportionate share of any bonded indebtedness outstanding as of the date of disconnection. Provides for petition, hearing, notice, and objection requirements. Further provides that if a court finds that the petition complies with the Section and that the allegations of the petition are true, the court shall order that the territory be disconnected.

Bill Text

What changed in the latest version

60 added · 4 removed

Plain-language change summary

The updated version of Bill SB 2598 now includes new provisions requiring municipalities to conduct an economic impact analysis before disconnecting areas from fire protection districts. This analysis must be submitted to county clerks at least 90 days before any disconnection action and should evaluate projected growth and service costs over the next 10, 20, and 30 years. These changes matter because they aim to ensure that municipalities consider and communicate the potential impacts of such disconnections on both the community and the fire protection services, helping to prevent any unforeseen negative consequences.

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SB2598 Engrossed LRB100 17399 AWJ 32565 b AN ACT concerning local government.
SB2598 Enrolled LRB100 17399 AWJ 32565 b AN ACT concerning local government.
The Fire Protection District Act is amended by adding Section 15c as follows:
The Fire Protection District Act is amended by adding Sections 15c and 15d as follows:
a statement that the detachment and disconnection will not cause the property remaining in the district to be noncontiguous, that the loss of assessed valuation by reason of the disconnection of the described property will not impair the ability of the district to render fully adequate fire protection service to the property remaining with the district, that the property to be SB2598 Engrossed - 2 - LRB100 17399 AWJ 32565 b detached and disconnected will remain liable for its proportionate share of any outstanding bonded indebtedness of the district, and that it is a home rule municipality that provides for its own fire service to at least 80% of the territory within the municipality;
a statement that the detachment and disconnection will not cause the property remaining in the district to be noncontiguous, that the loss of assessed valuation by reason of the disconnection of the described property will not impair the ability of the district to render fully adequate fire protection service to the property remaining with the district, that the property to be SB2598 Enrolled - 2 - LRB100 17399 AWJ 32565 b detached and disconnected will remain liable for its proportionate share of any outstanding bonded indebtedness of the district, and that it is a home rule municipality that provides for its own fire service to at least 80% of the territory within the municipality;
All property owners in such district, the district from which the transfer of property is to be made, and all persons SB2598 Engrossed - 3 - LRB100 17399 AWJ 32565 b interested therein may file objections, and at the hearing may appear and contest the detachment and disconnection of the property from the fire protection district, and both objectors and petitioners may offer any competent evidence in regard thereto.
All property owners in such district, the district from which the transfer of property is to be made, and all persons SB2598 Enrolled - 3 - LRB100 17399 AWJ 32565 b interested therein may file objections, and at the hearing may appear and contest the detachment and disconnection of the property from the fire protection district, and both objectors and petitioners may offer any competent evidence in regard thereto.
(70 ILCS 705/15d new) Sec.
15d.
Disconnection of fire protection district territory by a municipality;
economic impact analysis.
(a) As used in this Section, "economic impact analysis" means a written report concerning the effect of a municipality's disconnection of territory located both within a municipality and a fire protection district.
(b) Notwithstanding any other provision of law, a SB2598 Enrolled - 4 - LRB100 17399 AWJ 32565 b municipality shall file an economic impact analysis with the county clerk of each county in which a fire protection district is located no less than 90 days prior to filing any action to disconnect territory located both within the municipality and the fire protection district.
Each economic impact analysis shall include the following:
(1) a statement of existing and projected residential, nonresidential, and commercial growth in the territory within the fire protection district sought to be disconnected by the municipality for a 10-year period, a 20-year period, and a 30-year period;
(2) a statement of the costs of service incurred by the municipality in providing fire protection or emergency medical services after disconnecting the territory within the fire protection district;
(3) a statement that the loss of assessed valuation by reason of the disconnection of the territory will not impair the ability of the fire protection district to render fully adequate fire protection service to the territory remaining with the district;
(4) a statement of the probable positive or negative economic effect on businesses within the territory sought to be disconnected;
and (5) a statement of the probable positive or negative economic effect on residents within the territory sought to be disconnected.
SB2598 Enrolled - 5 - LRB100 17399 AWJ 32565 b (c) Within 30 days after the filing of an economic impact analysis required by subsection (b), a municipality shall serve a copy of the economic impact analysis on the board of trustees of each impacted fire protection district by certified or registered mail.
An affidavit that service of the economic impact analysis has been had as provided by this subsection must be filed with the clerk of the court in which the disconnection proceedings will be instituted.
Disconnection of territory is not effective unless service is certified by affidavit filed as provided in this subsection.
(d) The territory is disconnected from the Fire Protection District and annexed to the municipality effective on January 1 following the entry of a final court order finding that the petition meets the criteria set forth in this Section.
(e) A municipality, including a home rule municipality, may not disconnect territory from a fire protection district in a manner inconsistent with this Section.
This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 100-1072

  2. Effective Date January 1, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs

  7. House Committee Amendment No. 1 Senate Concurs 056-000-000

  8. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Local Government; 005-000-000

  9. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Local Government

  10. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  11. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Martin A. Sandoval

  12. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2018

  13. Secretary's Desk - Concurrence House Amendment(s) 1

  14. Added Alternate Chief Co-Sponsor Rep. David Harris

  15. Third Reading - Short Debate - Passed 113-000-000

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. Final Action Deadline Extended-9(b) May 31, 2018

  18. Held on Calendar Order of Second Reading - Short Debate

  19. Second Reading - Short Debate

  20. Placed on Calendar 2nd Reading - Short Debate

  21. Do Pass as Amended / Short Debate Fire & Emergency Services Committee; 004-000-000

  22. House Committee Amendment No. 1 Adopted in Fire & Emergency Services Committee; by Voice Vote

  23. Added Alternate Chief Co-Sponsor Rep. Kathleen Willis

  24. Final Action Deadline Extended-9(b) May 25, 2018

  25. House Committee Amendment No. 1 Rules Refers to Fire & Emergency Services Committee

  26. House Committee Amendment No. 1 Referred to Rules Committee

  27. House Committee Amendment No. 1 Filed with Clerk by Rep. Fred Crespo

  28. Assigned to Fire & Emergency Services Committee

  29. Referred to Rules Committee

  30. First Reading

  31. Chief House Sponsor Rep. Fred Crespo

  32. Arrived in House

  33. Third Reading - Passed; 047-000-000

  34. Placed on Calendar Order of 3rd Reading May 10, 2018

  35. Approved for Consideration Assignments

  36. Rule 2-10 Third Reading Deadline Established As May 11, 2018

  37. Rule 3-9(a) / Re-referred to Assignments

  38. Rule 2-10 Third Reading Deadline Established As May 3, 2018

  39. Placed on Calendar Order of 3rd Reading April 25, 2018

  40. Second Reading

  41. Placed on Calendar Order of 2nd Reading April 19, 2018

  42. Do Pass Local Government; 008-000-000

  43. Rule 2-10 Committee Deadline Established As April 27, 2018

  44. Added as Co-Sponsor Sen. John F. Curran

  45. Assigned to Local Government

  46. Referred to Assignments

  47. First Reading

  48. Filed with Secretary by Sen. Martin A. Sandoval

Sponsors

  • Martin A. Sandoval · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Martin A. Sandoval

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Republican 8001
Democrat 15000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Bivins — Not Voting
Mulroe — Yea
Muñoz — Yea
Biss — Yea
Haine — Yea
Manar — Yea
McCann — Yea
Rooney — Yea
McCarter — Yea
McConnaughay — Yea
Silverstein — Yea
Steans — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Brady — Yea
Landek — Yea
Link — Yea
Cullerton, T. — Yea
Cullerton — Not Voting
Bush — Yea
Clayborne — Yea
Connelly — Yea
Hutchinson — Yea
Nybo — Yea
Oberweis — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Not Voting
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 71003
Republican 11001
Democrat 31001
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Batinick — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Bristow — Yea
Butler — Yea
Carroll — Yea
McAuliffe — Yea
Durkin — Yea
Phillips — Yea
Frese — Yea
Greenwood — Yea
Lang — Yea
Long — Yea
Bennett — Yea
Sauer — Yea
McDermed — Yea
McSweeney — Yea
Brady — Yea
Harris, David — Yea
Harris, Gregory — Yea
Stewart — Yea
Hernandez — Yea
Burke, Daniel — Yea
Stratton — Yea
Burke, Kelly — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Jones — Yea
Unes — Yea
Wallace — Yea
Wehrli — Yea
Welter — Yea
Davis — Yea
Wheeler, Barbara — Yea
Cavaletto — Yea
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Hays — Yea
Hurley — Yea
Jesiel — Yea
Wheeler, Keith — Yea
Mitchell, Bill — Yea
Williams — Yea
Mitchell, Christian — Yea
Finnie, Natalie — Yea
Skillicorn — Not Voting
Willis — Yea
Yingling — Yea
Zalewski — Yea
Drury — Yea
Flowers — Yea
Fortner — Yea
Ives — Not Voting
Jimenez — Yea
Olsen — Yea
Parkhurst — Yea
Pritchard — Yea
Reis — Yea
Riley — Yea
Sente — Yea
Sommer — Yea
Soto — Yea
Winger — Yea
Madigan — Not Voting
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Not Voting

Official roll call →

Third Reading

Passed 47 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 26009
Democrat 12003
Republican 9000
Total 470012
% of votes cast 80%0%0%20%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Not Voting
Biss — Not Voting
Bivins — Yea
Bush — Yea
McCann — Not Voting
McConnaughay — Not Voting
Rooney — Yea
Landek — Yea
Link — Yea
McCarter — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Mulroe — Yea
Muñoz — Yea
Brady — Yea
Raoul — Yea
Silverstein — Not Voting
Cullerton — Yea
Cullerton, T. — Yea
Steans — Yea
Clayborne — Not Voting
Connelly — Not Voting
Haine — Not Voting
Hutchinson — Yea
Nybo — Yea
Oberweis — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Van Pelt — Not Voting
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Not Voting
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 2598 do?
Amends the Fire Protection District Act. Provides that a home rule municipality may file a petition to disconnect fire protection district territory from the district if: the municipality's fire department services at least 80% of the municipality; the disconnection will not cause the territory of the district to be noncontiguous; and the loss of assessed valuation by reason of the disconnection of the territory will not impair the ability of the district to render adequate fire protection service to the territory remaining in the district. Provides that territory disconnected shall remain liable for its proportionate share of any bonded indebtedness outstanding as of the date of disconnection. Provides for petition, hearing, notice, and objection requirements. Further provides that if a court finds that the petition complies with the Section and that the allegations of the petition are true, the court shall order that the territory be disconnected.
Who sponsors SB 2598?
SB 2598 is sponsored by Martin A. Sandoval.
What is the current status of SB 2598?
This bill has been enacted into law. Introduced February 07, 2018. Enacted.
Where can I track SB 2598?
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