98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2483

 

Introduced , by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 705/22  from Ch. 127 1/2, par. 38.5

    Amends the Fire Protection District Act. Provides that taxes levied under this Section may also be used for the general operations of a fire protection district, including, but not limited to, emergency services, fire suppression and rescue services. Effective immediately.


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A BILL FOR

 

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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 22 as follows:
 
6    (70 ILCS 705/22)  (from Ch. 127 1/2, par. 38.5)
7    Sec. 22. The Board of Trustees of any fire protection
8district incorporated under this Act is authorized under the
9terms and conditions hereinafter set out, to provide emergency
10ambulance service to or from points within or without the
11district; to contract with providers of ambulance service; to
12combine with other units of governments for the purpose of
13providing ambulance service; to levy a tax for the provision of
14such service and to adopt rules and regulations relating to
15ambulance service within their jurisdiction.
16    (a) It is declared as a matter of public policy:
17        (1) That, in order to preserve, protect and promote the
18    public health, safety and general welfare, adequate and
19    continuing emergency ambulance service should be available
20    to every citizen of Illinois;
21        (2) That, insofar as it is economically feasible,
22    emergency ambulance service should be provided by private
23    enterprise; and

 

 

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1        (3) That, in the event adequate and continuing
2    emergency ambulance services do not exist, fire protection
3    districts should be authorized to provide, and shall cause
4    to be provided, ambulance service as a public
5    responsibility.
6    (b) Whenever the Board of Trustees of a fire protection
7district desires to levy a special tax to provide an ambulance
8service, it shall certify the question to the proper election
9officials, who shall submit that question at an election to the
10voters of the district. The result of such referendum shall be
11entered upon the records of the district. If a majority of the
12votes on the proposition are in favor of such proposition, the
13Board of Trustees may thereafter levy a special tax at a rate
14not to exceed .30% of the value of all taxable property within
15the district as equalized or assessed by the Department of
16Revenue. The proposition shall be in substantially the
17following form:
18-------------------------------------------------------------
19    Shall the .... Fire Protection
20 District levy  a special tax at a rate     YES
21 not to exceed .30% of the value of all
22 taxable property within the district as --------------------
23 equalized or assessed by the Department
24 of Revenue for the purpose of providing    NO
25 an ambulance service?
26-------------------------------------------------------------

 

 

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1    (c) If it appears that a majority of all valid votes cast
2on the proposition are in favor of levying a special tax to pay
3for an ambulance, the Board of Trustees may levy and collect an
4annual tax for the purpose of providing ambulance service under
5this Act to be extended at a rate not to exceed .30% of the full
6fair cash value of the taxable property within the governmental
7unit as assessed or equalized by the Department of Revenue.
8Such annual tax shall be in addition to the other taxes a fire
9protection district may levy for its corporate purposes.
10    (d) Any Board of trustees may:
11        1. Provide or operate an emergency ambulance service;
12        2. Contract with a private person, hospital,
13    corporation or another governmental unit for the provision
14    and operation of emergency ambulance service or subsidize
15    the service thereof;
16        3. Limit the number of ambulance services;
17        4. Within its jurisdiction, fix, charge and collect
18    fees for emergency ambulance service within or outside of
19    the fire protection district not exceeding the reasonable
20    cost of the service;
21        5. Establish necessary regulations not inconsistent
22    with the statutes or regulations of the Department of
23    Public Health relating to ambulance service;
24        6. The trustees shall have the power identified in
25    paragraphs 3 and 5 only if the district shall have passed
26    the referendum provided for herein.

 

 

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1    (e) When any Board of Trustees is authorized prior to
2January 1, 1978 to levy and collect an annual tax, for the
3purpose of providing ambulance service, at any rate not
4exceeding .25% of the full fair cash value of the taxable
5property within the governmental unit as equalized or assessed
6by the Department of Revenue, such Board of Trustees may by
7resolution increase its authority to tax for ambulance purposes
8to a rate not to exceed .30%. Such resolution shall be
9effective 30 days after its adoption. Notice of such resolution
10shall be published twice in a newspaper having a general
11circulation within the district at least 20 days and again at
12least 10 days prior to the effective date of the resolution.
13Such notice shall state that the voters of that fire protection
14district, which district shall be described in the notice, have
15until 30 days after the adoption of the resolution to file a
16petition with the Board of Trustees praying that the question
17of the adoption of the resolution be submitted to a vote of the
18electors of such territory, and that, if no such petition is
19filed, the resolution shall become effective 30 days after its
20adoption. The notice also shall state the specific number of
21voters required to sign the petition and the date of the
22prospective referendum. The district secretary shall provide a
23petition form to any individual requesting one. If such a
24petition, signed by the voters of the district equal to 10% or
25more of the registered voters of the district, is so filed with
26the Board of Trustees, then the question of the adoption of the

 

 

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1resolution shall be certified to the proper election officials,
2who shall submit the question to a vote of the electors of the
3district at an election in accordance with the general election
4law. If such a petition is filed, the resolution does not take
5effect unless a majority of the votes cast upon the question of
6the adoption of the resolution is in favor of adoption.
7However, if such a petition is determined to be invalid, the
8resolution shall take effect.
9    The result of the election shall be entered upon the
10records of the district. If a majority of the voters vote in
11favor of such resolution, the resolution shall be effective
12immediately. The proposition shall be in substantially the
13following form:
14-------------------------------------------------------------
15    Shall the Board of Trustees of
16the .... Fire Protection District               YES
17be authorized to increase the
18special  tax for ambulance service
19to a rate  not to exceed .30% of           ------------------
20the value of all taxable property
21within the district as equalized or
22assessed by the Department of Revenue           NO
23for the purpose of providing such service?
24-------------------------------------------------------------
25    In this Section, "ambulance service" includes, without
26limitation, pre-hospital medical services. "Pre-hospital

 

 

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1medical services" includes emergency services performed by a
2paramedic or other on-board emergency personnel that are within
3the scope of the provider's license. This amendatory Act of the
495th General Assembly is declarative of existing law.
5    (f) Taxes levied under this Section may also be used for
6the general operations of a fire protection district,
7including, but not limited to, emergency services, fire
8suppression and rescue services.
9(Source: P.A. 95-497, eff. 1-1-08.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.