Governor Vetoes Non-Referendum Annexation Power for Fire Protection Districts

In years past the Village of Lakewood was provided fire protection services by the Woodstock Fire Protection District.

At that time, if Lakewood residents passed a referendum, its properties could have been annexed to the Woodstock FPD.

Woodstock Fire Protection District fire engine.

This past legislative session, a bill passed that would allow Fire Protection Districts to annex areas, such as Lakewood used to be, without referendum.

Governor Bruce Rauner has vetoed the bill, sponsored by Chicago Democrats. The message of which is below:

Veto Message for HB 2778

To the Honorable Members of The Illinois House of Representatives,

100th General Assembly:

Today, I veto House Bill 2778, which amends the Fire Protection District Act to allow a fire protection district to annex into its jurisdiction any property for which that district provides coverage under the Emergency Telephone System Act.

Fire protection districts play a critical role in the State of Illinois, but we must weigh the authority of such districts against our residents’ property rights.

This bill affords fire protection districts too much discretion to not only annex properties, but also to subject annexed-property owners to fire protection district fees thereafter.

Our state’s residents already feel the overwhelming weight of one of the heaviest property tax burdens in the country.

This bill, however, would add to the property tax burden for those properties annexed by fire protection districts.

As a State, we should pass legislation to relieve such financial pressures of our residents, not to add to them.

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 2278, entitled “AN ACT concerning regulation,” with the foregoing objections, vetoed in its entirety.

Sincerely,

Bruce Rauner, GOVERNOR

= = = = =
Representatives Steve Andersson, David McSweeney, Allen Skillicorn and Barbara Wheeler and State Senator Dan McConchie voted against the bill. State Senators Pam Althoff and Karen McConnaughay voted for it. Roll calls and other details can be found here.


Comments

Governor Vetoes Non-Referendum Annexation Power for Fire Protection Districts — 1 Comment

  1. The State House overrode Republican Governor Bruce Rauner’s veto on October 25, 2017.

    The State Senate overrode the Governor’s veto on November 8, 2017.

    As a result, HB 2778 became Public Act 100-0547 (PA 100-0547), with an effective date of January 1, 2018.

    McHenry County state legislator votes to override the veto:

    Pam Althoff, 32nd State Senate District (McHenry office), yes

    Karen McConnaughay, 33rd State Senate District (West Dundee office), yes

    Dan McConchie, 26th State Senate District (Lake Zurich office), yes

    Steve Andersson, 65th State Rep District (Geneva office), yes

    Dave McSweeney, 52nd State Rep District (Cary office), no

    State Reick, 63rd State Rep District (Woodstock office), no

    Allen Skillicorn, 66th State Rep District (Crystal Lake office), no

    Barb Wheeler, 64th State Rep District (Crystal Lake office), yes

    ilga.gov > Public Acts > Public Acts / Leg. From Previous General Assemblies > 100 (2017 – 2018): Go > Public Acts: Listing > Public Acts 100-0501 thru 100-0600 > Public Act 100-0547 HB 2778 INS CD – Proof of Fire Coverage > Bill Status

    +++++++++

    The Public Act reads as follows:

    “70 ILCS 705/3.3 new

    Sec 3.3

    Annexation of covered areas.

    A fire protection district may annex into its jurisdiction property for which the district is providing coverage under Section 10.2 of the Emergency Telephone System Act by adoption of an ordinance annexing the property.

    In addition to the required public notifications prior to an ordinance adoption, the fire protection district shall give notice by U.S. certified mail at least 20 days prior to the hearing to the property owner or owners of the time and place of the hearing and a copy of the proposed ordinance.

    At the hearing, all persons having an interest in the matter shall have an opportunity to be heard.

    Following adoption of the annexation ordinance, a certified copy of the annexation ordinance shall be transmitted by the secretary of the district to each of the following: the county clerk of the county in which the property is located;

    the Office of the State Fire Marshal; and the owner or owners of the property or properties annexed by the ordinance.

    On the date specified in the annexation ordinance, the property or properties shall become an integral part of the fire protection district and subject to all of the benefits of service and responsibilities of the district.”

Leave a Reply

Your email address will not be published.