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Public Act 097-0901
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| SB3373 Enrolled | LRB097 18408 PJG 63634 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Fire Marshal Act is amended by |
changing Section 2.7 as follows:
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(20 ILCS 2905/2.7) |
Sec. 2.7. Small Fire-fighting and Ambulance Service |
Equipment Grant Program. |
(a) The Office shall establish and administer a Small |
Fire-fighting and Ambulance Service Equipment Grant Program to |
award grants to fire departments, fire protection districts, |
and volunteer, non-profit, stand alone ambulance services for |
the purchase of small fire-fighting and ambulance equipment. |
(b) (Blank). The Fire Service and Small Equipment Fund is |
created as a special fund in the State treasury. From |
appropriations, the Office may expend moneys from the Fund for |
the grant program under subsection (a) of this Section. Moneys |
received for the purposes of this Section, including, without |
limitation, proceeds deposited under the Fire Investigation |
Act and gifts, grants, and awards from any public or private |
entity must be deposited into the Fund. Any interest earned on |
moneys in the Fund must be deposited into the Fund. |
(b-1) The Fire Service and Small Equipment Fund is |
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dissolved. Any moneys remaining in the Fund on the effective |
date of this amendatory Act of the 97th General Assembly shall |
be transferred to the Fire Prevention Fund. |
(c) As used in this Section, "small fire-fighting and |
ambulance equipment" includes, without limitation, turnout |
gear, air packs, thermal imaging cameras, jaws of life, |
defibrillators, communications equipment, including but not |
limited to pagers and radios, and other fire-fighting or life |
saving equipment, as determined by the State Fire Marshal. |
(d) The Office shall adopt any rules necessary for the |
implementation and administration of this Section.
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(Source: P.A. 95-717, eff. 4-8-08; 96-386, eff. 8-13-09.)
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Section 10. The Illinois Finance Authority Act is amended |
by changing Sections 825-80, 825-81, and 825-85 and by adding |
Section 825-87 as follows:
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(20 ILCS 3501/825-80) |
Sec. 825-80. Fire truck revolving loan program. |
(a) This Section is a continuation and re-enactment of the |
fire truck revolving loan program enacted as Section 3-27 of |
the Rural Bond Bank Act by Public Act 93-35, effective June 24, |
2003, and repealed by Public Act 93-205, effective January 1, |
2004. Under the Rural Bond Bank Act, the program was |
administered by the Rural Bond Bank and the State Fire Marshal. |
(b) The Authority and the State Fire Marshal may shall |
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jointly administer a fire truck revolving loan program. The |
program shall, in instances where sufficient loan funds exist |
to permit applications to be accepted, provide zero-interest |
and low-interest loans for the purchase of fire trucks by a |
fire department, a fire protection district, or a township fire |
department. The Authority shall make loans based on need, as |
determined by the State Fire Marshal. |
(c) The loan funds, subject to appropriation, shall be paid |
out of the Fire Truck Revolving Loan Fund, a special fund in |
the State Treasury. The Fund shall consist of any moneys |
transferred or appropriated into the Fund, as well as all |
repayments of loans made under the program and any balance |
existing in the Fund on the effective date of this Section. The |
Fund shall be used for loans to fire departments and fire |
protection districts to purchase fire trucks and for no other |
purpose. All interest earned on moneys in the Fund shall be |
deposited into the Fund. As soon as practical after the |
effective date of this amendatory Act of the 97th General |
Assembly, all moneys in the Fire Truck Revolving Loan Fund |
shall be paid by the State Fire Marshal to the Authority, and, |
on and after the effective date of this amendatory Act of the |
97th General Assembly, all future moneys deposited into the |
Fire Truck Revolving Loan Fund under this Section shall be paid |
by the State Fire Marshal to the Authority under the continuing |
appropriation provision of subsection (c-1) of this Section; |
provided that the Authority and the State Fire Marshal enter |
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into an intergovernmental agreement to use the moneys |
transferred to the Authority from the Fund solely for the |
purposes for which the moneys would otherwise be used under |
this Section and to set forth procedures to otherwise |
administer the use of the moneys. |
(c-1) There is hereby appropriated, on a continuing annual |
basis in each fiscal year, from the Fire Truck Revolving Loan |
Fund, the amount, if any, of funds received into the Fire Truck |
Revolving Loan Fund to the State Fire Marshal for payment to |
the Authority for the purposes for which the moneys would |
otherwise be used under this Section. |
(d) A loan for the purchase of fire trucks may not exceed |
$250,000 to any fire department or fire protection district. |
The repayment period for the loan may not exceed 20 years. The |
fire department or fire protection district shall repay each |
year at least 5% of the principal amount borrowed or the |
remaining balance of the loan, whichever is less. All |
repayments of loans shall be deposited into the Fire Truck |
Revolving Loan Fund. |
(e) The Authority and the State Fire Marshal may shall |
adopt rules in accordance with the Illinois Administrative |
Procedure Act to administer the program.
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(f) Notwithstanding the repeal of Section 3-27 of the Rural |
Bond Bank Act, all otherwise lawful actions taken on or after |
January 1, 2004 and before the effective date of this Section |
by any person under the authority originally granted by that |
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Section 3-27, including without limitation the granting, |
acceptance, and repayment of loans for the purchase of fire |
trucks, are hereby validated, and the rights and obligations of |
all parties to any such loan are hereby acknowledged and |
confirmed.
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(Source: P.A. 94-221, eff. 7-14-05.)
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(20 ILCS 3501/825-81) |
Sec. 825-81. Fire station revolving loan program. |
(a) The Authority and the State Fire Marshal may jointly |
administer a fire station revolving loan program. The program |
shall, in instances where sufficient loan funds exist to permit |
applications to be accepted, may provide zero-interest and |
low-interest loans for the construction, rehabilitation, |
remodeling, or expansion of a fire station or the acquisition |
of land for the construction or expansion of a fire station by |
a fire department, a fire protection district, or a township |
fire department. Once the program receives funding, the |
Authority shall make loans based on need, as determined by the |
State Fire Marshal. |
(b) The loan funds, subject to appropriation, may be paid |
out of the Fire Station Revolving Loan Fund, a special fund in |
the State treasury. The Fund may consist of any moneys |
transferred or appropriated into the Fund, as well as all |
repayments of loans made under the program. Once the program |
receives funding, the Fund may be used for loans to fire |
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departments and fire protection districts to construct, |
rehabilitate, remodel, or expand fire stations or acquire land |
for the construction or expansion of fire stations and for no |
other purpose. All interest earned on moneys in the Fund shall |
be deposited into the Fund. As soon as practical after the |
effective date of this amendatory Act of the 97th General |
Assembly, all moneys in the Fire Station Revolving Loan Fund |
shall be paid by the State Fire Marshal to the Authority, and, |
on and after the effective date of this amendatory Act of the |
97th General Assembly, all future moneys deposited into the |
Fire Station Revolving Loan Fund under this Section shall be |
paid by the State Fire Marshal to the Authority under the |
continuing appropriation provision of subsection (b-1) of this |
Section; provided that the Authority and the State Fire Marshal |
enter into an intergovernmental agreement to use the moneys |
paid by the State Fire Marshal to the Authority from the Fund |
solely for the purposes for which the moneys would otherwise be |
used under this Section and to set forth procedures to |
otherwise administer the use of the moneys. |
(b-1) There is hereby appropriated, on a continuing annual |
basis in each fiscal year, from the Fire Station Revolving Loan |
Fund, the amount, if any, of funds received into the Fire |
Station Revolving Loan Fund to the State Fire Marshal for |
payment to the Authority for the purposes for which the moneys |
would otherwise be used under this Section. |
(c) A loan under the program may not exceed $2,000,000 to |
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any fire department or fire protection district. The repayment |
period for the loan may not exceed 25 years. The fire |
department or fire protection district shall repay each year at |
least 4% of the principal amount borrowed or the remaining |
balance of the loan, whichever is less. All repayments of loans |
shall be deposited into the Fire Station Revolving Loan Fund. |
(d) The Authority and the State Fire Marshal may adopt |
rules in accordance with the Illinois Administrative Procedure |
Act to administer the program.
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(Source: P.A. 96-135, eff. 8-7-09; 96-1172, eff. 7-22-10.)
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(20 ILCS 3501/825-85) |
Sec. 825-85. Ambulance revolving loan program. |
(a) The Authority and the State Fire Marshal may shall |
jointly administer an ambulance revolving loan program. The |
program shall, in instances where sufficient loan funds exist |
to permit applications to be accepted, provide zero-interest |
and low-interest loans for the purchase of ambulances by a fire |
department, a fire protection district, a township fire |
department, or a non-profit ambulance service. The Authority |
shall make loans based on need, as determined by the State Fire |
Marshal. |
(b) The loan funds, subject to appropriation, shall be paid |
out of the Ambulance Revolving Loan Fund, a special fund in the |
State treasury. The Fund shall consist of any moneys |
transferred or appropriated into the Fund, as well as all |
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repayments of loans made under the program. The Fund shall be |
used for loans to fire departments, fire protection districts, |
and non-profit ambulance services to purchase ambulances and |
for no other purpose. All interest earned on moneys in the Fund |
shall be deposited into the Fund. As soon as practical after |
the effective date of this amendatory Act of the 97th General |
Assembly, all moneys in the Ambulance Revolving Loan Fund shall |
be paid by the State Fire Marshal to the Authority, and, on and |
after the effective date of this amendatory Act of the 97th |
General Assembly, all future moneys deposited into the |
Ambulance Revolving Loan Fund under this Section shall be paid |
by the State Fire Marshal to the Authority under the continuing |
appropriation provision of subsection (b-1) of this Section; |
provided that the Authority and the State Fire Marshal enter |
into an intergovernmental agreement to use the moneys |
transferred to the Authority from the Fund solely for the |
purposes for which the moneys would otherwise be used under |
this Section and to set forth procedures to otherwise |
administer the use of the moneys. |
(b-1) There is hereby appropriated, on a continuing annual |
basis in each fiscal year, from the Ambulance Revolving Loan |
Fund, the amount, if any, of funds received into the Ambulance |
Revolving Loan Fund to the State Fire Marshal for payment to |
the Authority for the purposes for which the moneys would |
otherwise be used under this Section. |
(c) A loan for the purchase of ambulances may not exceed |
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$100,000 to any fire department, fire protection district, or |
non-profit ambulance service. The repayment period for the loan |
may not exceed 10 years. The fire department, fire protection |
district, or non-profit ambulance service` shall repay each |
year at least 5% of the principal amount borrowed or the |
remaining balance of the loan, whichever is less. All |
repayments of loans shall be deposited into the Ambulance |
Revolving Loan Fund. |
(d) The Authority and the State Fire Marshal may shall |
adopt rules in accordance with the Illinois Administrative |
Procedure Act to administer the program.
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(Source: P.A. 94-829, eff. 6-5-06.)
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(20 ILCS 3501/825-87 new) |
Sec. 825-87. Public life safety capital investment finance |
program. |
(a) In addition to the powers set forth in Sections 825-80, |
825-81, and 825-85 of this Act and in furtherance of the |
purposes and programs set forth in those Sections, the |
Authority may use loans as authorized in this Act to maximize |
the number of participants in the programs and to maximize the |
efficient use of taxpayer appropriated funds. The moneys |
identified in Sections 825-80, 825-81, and 825-85 of this Act |
shall be used by the Authority only for the express purposes |
described in those Sections. |
(b) The Authority, after consulting with the State Fire |
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Marshal, may determine the financial structure, including but |
not limited to the terms, conditions, collateral, maturity, and |
interest rate, of loans authorized by the programs under |
Sections 825-80, 825-81, and 825-85 of this Act. |
(c) The Authority and the State Fire Marshal may access the |
moneys referenced in Sections 825-80, 825-81, and 825-85 of |
this Act and may fix, determine, charge, and collect fees, in |
connection with the programs under Sections 825-80, 825-81 and |
825-85 of this Act and in furtherance of the purposes set forth |
in this Section. |
(d) The Authority and the State Fire Marshal may adopt |
rules in accordance with the Illinois Administrative Procedure |
Act to administer the programs under this Section.
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(30 ILCS 105/5.712 rep.) |
Section 15. The State Finance Act is amended by repealing |
Section 5.712.
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Section 20. The Fire Investigation Act is amended by |
changing Section 13.1 as follows:
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(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
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Sec. 13.1. Fire Prevention Fund. |
(a) There shall be a special fund in the State Treasury
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known as the Fire Prevention Fund.
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(b) The following moneys shall be deposited into the Fund:
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(1) Moneys received by the Department of Insurance |
under Section 12 of this Act.
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(2) All fees and reimbursements received by the Office |
of the State Fire Marshal.
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(3) All receipts from boiler and pressure vessel |
certification, as
provided in Section 13 of the Boiler and |
Pressure Vessel Safety Act.
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(4) Such other moneys as may be provided by law.
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(c) The moneys in the Fire Prevention Fund shall be used, |
subject to
appropriation, for the following purposes:
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(1) Of the moneys deposited into the fund under Section |
12 of this Act,
12.5% shall be available for the |
maintenance of the Illinois Fire Service
Institute and the |
expenses, facilities, and structures incident thereto,
and |
for making transfers into the General Obligation Bond |
Retirement and
Interest Fund for debt service requirements |
on bonds issued by the State of
Illinois after January 1, |
1986 for the purpose of constructing a training
facility |
for use by the Institute. An additional 2.5% of the moneys |
deposited into the Fire Prevention Fund shall be available |
to the Illinois Fire Service Institute for support of the |
Cornerstone Training Program.
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(2) Of the moneys deposited into the Fund under Section |
12 of this Act,
10% shall be available for the maintenance |
of the Chicago Fire Department
Training Program and the |
expenses, facilities and structures incident
thereto, in |
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addition to any moneys payable from the Fund to the City of
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Chicago pursuant to the Illinois Fire Protection Training |
Act.
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(3) For making payments to local governmental agencies |
and individuals
pursuant to Section 10 of the Illinois Fire |
Protection Training Act.
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(4) For the maintenance and operation of the Office of |
the State Fire
Marshal, and the expenses incident thereto.
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(4.5) For the maintenance, operation, and capital |
expenses of the Mutual Aid Box Alarm System (MABAS). |
(4.6) For grants awarded by the Small Fire-fighting and |
Ambulance Service Equipment Grant Program established by |
Section 2.7 of the State Fire Marshal Act. |
(5) For any other purpose authorized by law.
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(c-5) As soon as possible after the effective date of this |
amendatory Act of the 95th General Assembly, the Comptroller |
shall order the transfer and the Treasurer shall transfer |
$2,000,000 from the Fire Prevention Fund to the Fire Service |
and Small Equipment Fund, $9,000,000 from the Fire Prevention |
Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from |
the Fire Prevention Fund to the Ambulance Revolving Loan Fund. |
Beginning on July 1, 2008, each month, or as soon as practical |
thereafter, an amount equal to $2 from each fine received shall |
be transferred from the Fire Prevention Fund to the Fire |
Service and Small Equipment Fund, an amount equal to $1.50 from |
each fine received shall be transferred from the Fire |
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Prevention Fund to the Fire Truck Revolving Loan Fund, and an |
amount equal to $4 from each fine received shall be transferred |
from the Fire Prevention Fund to the Ambulance Revolving Loan |
Fund. These moneys shall be transferred from the moneys |
deposited into the Fire Prevention Fund pursuant to Public Act |
95-154, together with not more than 25% of any unspent |
appropriations from the prior fiscal year. These moneys may be |
allocated to the Fire Truck Revolving Loan Fund, Ambulance |
Revolving Loan Fund, and Fire Service and Small Equipment Fund |
at the discretion of the Office of the State Fire Marshal for |
the purpose of implementation of this Act.
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(d) Any portion of the Fire Prevention Fund remaining |
unexpended at the
end of any fiscal year which is not needed |
for the maintenance and expenses of the
Office of the State |
Fire Marshal or the maintenance and expenses of the
Illinois |
Fire Service Institute, shall remain in the Fire Prevention |
Fund for the exclusive and restricted uses provided in |
subsections
(c) and (c-5) of this Section.
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(e) The Office of the State Fire Marshal shall keep on file |
an itemized
statement of all expenses incurred which are |
payable from the Fund, other
than expenses incurred by the |
Illinois Fire Service Institute, and shall
approve all vouchers |
issued therefor before they are submitted to the State
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Comptroller for payment. Such vouchers shall be allowed and |
paid in the
same manner as other claims against the State.
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(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10; |
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97-114, eff. 1-1-12.)
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Section 25. The Unified Code of Corrections is amended by |
changing Section 5-9-1.12 as follows:
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(730 ILCS 5/5-9-1.12)
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Sec. 5-9-1.12. Arson fines.
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(a) In addition to any other penalty imposed, a fine of |
$500 shall be
imposed upon a person convicted of the offense of |
arson, residential arson,
or aggravated arson.
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(b) The additional fine shall be assessed by the court |
imposing
sentence and shall be collected by the Circuit Clerk |
in addition to the
fine, if any, and costs in the case. Each |
such additional fine shall
be remitted by the Circuit Clerk |
within one month after receipt to the
State Treasurer for |
deposit into the Fire Prevention Service and Small Equipment |
Fund. The Circuit
Clerk shall retain 10% of such fine to cover |
the costs incurred in
administering and enforcing this Section. |
The additional fine may not be
considered a part of the fine |
for purposes of any reduction in the fine for
time served |
either before or after sentencing. Arson fines that were |
previously deposited into the Fire Prevention Fund prior to the |
adoption of Public Act 96-400 shall be used according to the |
purposes established in Section 13.1 of the Fire Investigation |
Act.
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(c) (Blank) The moneys in the Fire Service and Small |