|
Public Act 096-1177
|
| SB3722 Enrolled | LRB096 20662 RLJ 36379 b |
|
|
AN ACT concerning local government.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Fire Protection of Unprotected Area Act is |
amended by changing Sections 1, 2, 3, 4, 5, 6, and 7 as |
follows:
|
(70 ILCS 715/1) (from Ch. 127 1/2, par. 301)
|
Sec. 1. Definitions. As used in this Act: As used in this |
Act:
|
"Unprotected area" means any part of an unincorporated area |
of a county
of less than 500,000 inhabitants, which is not part |
of a fire protection
jurisdiction district, or which does not |
have available on voluntary or contractual
basis a source of |
fire protection coverage.
|
"Fire Marshal" means the State Fire Marshal.
|
"Fire Protection Jurisdiction District" includes fire |
departments of any unit units of
local government.
|
"Fire Protection Coverage" means the availability of fire |
protection on
a voluntary, or contractual basis, from a |
municipal fire department or fire protection
district, or |
eligibility to receive services from a unit of local
government |
that provides fire protection.
|
(Source: P.A. 79-1054.)
|
|
(70 ILCS 715/2) (from Ch. 127 1/2, par. 302)
|
Sec. 2. Fire protection. After December 31, 1975, all |
unprotected areas of unincorporated
portions of counties of |
less than 500,000 inhabitants shall be eligible
for
assignment |
by the Fire Marshal of fire protection coverage from a fire
|
protection jurisdiction district. Incorporated areas and |
municipal fire
departments shall
be exempt from the provisions |
of this Act.
|
(Source: P.A. 91-357, eff. 7-29-99.)
|
(70 ILCS 715/3) (from Ch. 127 1/2, par. 303)
|
Sec. 3. Request for coverage. Upon written request to the |
Fire Marshal, from
registered voters or property owners of an |
unprotected area,
the Fire Marshal is authorized to contact |
with all
practicable speed fire protection jurisdictions |
districts near such unprotected
area, to seek to arrange for |
fire protection coverage from a fire
protection jurisdiction |
district under a voluntary, negotiated fee basis.
|
(Source: P.A. 83-392.)
|
(70 ILCS 715/4) (from Ch. 127 1/2, par. 304)
|
Sec. 4. Assignment of coverage; payment. |
(a) If unable to arrange or negotiate successfully for fire
|
protection coverage on a fee basis to the unprotected area |
within a reasonable
period of time, the Fire Marshal may assign |
|
a source of fire protection
coverage to the unprotected
area |
from a nearby fire protection jurisdiction district.
|
(b) Whenever fire protection coverage services are |
provided to an unprotected
area by a fire protection district, |
the persons requesting
such services after the effective date |
of this amendatory Act of 1983
shall pay to the fire protection |
district providing the services an amount
equal to the Fire |
Protection Tax levied by the fire protection district
providing |
fire protection services.
Such amount shall be paid annually on |
the anniversary date of the assignment.
|
(b-5) If fire protection coverage services are provided to |
an unprotected area by a municipal fire department, then the |
persons requesting the services shall pay to the municipality |
for providing fire protection an amount assigned by the |
municipality. The amount shall be paid annually on the |
anniversary date of the assignment by the Fire Marshal. |
(c) The fire protection jurisdiction district that |
provides fire protection coverage
services shall request |
payment each year as required by paragraph (b)
from the persons |
requesting such
services. Such request shall be sent by first |
class mail. If no payment
is received within 30 days, a second |
request shall be sent. If no payment
is received within 15 days |
after the second request is sent, a third request
for payment |
shall be sent by certified mail.
|
If no payment is received within 15 days after the mailing |
of the third
notice, the fire protection jurisdiction district |
|
shall certify to the Fire
Marshal that the above notices were |
sent and that payment was not received.
Upon receipt of the |
certification of nonpayment, the Fire Marshal shall
terminate |
the assignment to such person's property.
|
(Source: P.A. 83-392.)
|
(70 ILCS 715/5) (from Ch. 127 1/2, par. 305)
|
Sec. 5. Term of coverage. Except as otherwise provided in |
this Section, an assignment
under this Act shall be in force |
for 2 years.
After such time no part of the area shall be |
eligible for another assignment.
A person that has been |
assigned fire protection
coverage services pursuant to this Act |
may petition the corporate
authorities of the fire protection |
jurisdiction district providing such coverage for a
continued |
assignment of coverage under this Act. If the corporate
|
authorities agree to such continued assignment, they shall |
notify the Fire
Marshal of such agreement and shall continue to |
provide for fire protection
coverage to the property so long as |
payments to the jurisdiction district for such
coverage as |
provided in this Act are made.
|
(Source: P.A. 85-1434.)
|
(70 ILCS 715/6) (from Ch. 127 1/2, par. 306)
|
Sec. 6. Priorities of assigned fire protection |
jurisdiction. The provisions of this statute, as provided in |
Section 4, shall in no
way supersede the responsibility of the |
|
assigned fire protection jurisdiction district
to respond to |
calls for fire protection coverage within their own
|
jurisdiction district, or under prior contractual agreements, |
on a priority basis. The
assignment authority of the Fire |
Marshal, as provided herein,
shall require a fire protection |
jurisdiction district to provide fire protection
coverage, to |
the best of their ability, subject to above priority |
considerations.
|
(Source: P.A. 79-1054.)
|
(70 ILCS 715/7) (from Ch. 127 1/2, par. 307)
|
Sec. 7. Exemptions from provisions of this Act. |
(a) Where a designated or assigned fire protection |
jurisdiction district can show
cause, to the satisfaction of |
the Fire Marshal, that assignment to
provide fire protection |
coverage to an unprotected area would raise the
Insurance |
Service Office fire rating classification of the jurisdiction |
district to a higher category or
classification than that |
presently held, it shall, upon presentation
of such sufficient |
evidence to the State Fire Marshal, be exempt from
assignment |
by provisions of this statute to a designated area.
|
(b) Territory formerly included in a fire protection |
district which has
been dissolved pursuant to Section 15a of |
"An Act in relation to fire protection
districts", approved |
July 8, 1927, as amended, shall be exempt from assignment
and |
negotiation under the provisions of this Act
for a period of 24 |