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Public Act 098-0319
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| HB3233 Enrolled | LRB098 11019 OMW 41698 b |
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AN ACT concerning local 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 Fire Protection District Act is amended by |
changing Section 22 as follows:
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(70 ILCS 705/22) (from Ch. 127 1/2, par. 38.5)
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Sec. 22. The Board of Trustees of any fire protection |
district incorporated
under this Act is authorized under the |
terms and conditions hereinafter
set out, to provide emergency |
ambulance service to or from points within
or without the |
district; to contract with providers of ambulance service;
to |
combine with other units of governments for the purpose of |
providing
ambulance service; to levy a tax for the provision of |
such service and to
adopt rules and regulations relating to |
ambulance service within their
jurisdiction.
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(a) It is declared as a matter of public policy:
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(1) That, in order to preserve, protect and promote the |
public health,
safety and general welfare, adequate and |
continuing emergency ambulance
service should be available |
to every citizen of Illinois;
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(2) That, insofar as it is economically feasible, |
emergency ambulance
service should be provided by private |
enterprise; and
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(3) That, in the event adequate and continuing |
emergency ambulance
services do not exist, fire protection |
districts should be authorized to
provide, and shall cause |
to be provided, ambulance service as a public |
responsibility.
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(b) Whenever the Board of Trustees of a fire protection |
district desires
to levy a special tax to provide an ambulance |
service, it shall certify the
question to the proper election |
officials, who shall submit that question
at an election to the |
voters of the district. The result of such referendum
shall be |
entered upon the records of the district. If a majority of the
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votes on the proposition are in favor of such proposition, the |
Board of
Trustees may thereafter levy a special tax at a rate |
not to exceed .30% of
the value of all taxable property within |
the district as equalized or
assessed by the Department of |
Revenue. The proposition shall be in
substantially the |
following form:
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-------------------------------------------------------------
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Shall the .... Fire Protection
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District levy a special tax at a rate YES
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not to exceed .30% of the value of all
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taxable property within the district as --------------------
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equalized or assessed by the Department
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of Revenue for the purpose of providing NO
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an ambulance service?
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-------------------------------------------------------------
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(b-5) On and after the effective date of this amendatory |
Act of the 98th General Assembly, whenever the Board of |
Trustees of a fire protection district desires
to levy a |
special tax to provide an ambulance service, it shall certify |
the
question to the proper election officials, who shall submit |
that question
at an election to the voters of the district. The |
result of such referendum
shall be entered upon the records of |
the district. If a majority of the
votes on the proposition are |
in favor of such proposition, the Board of
Trustees may |
thereafter levy a special tax at a rate not to exceed .40% of
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the value of all taxable property within the district as |
equalized or
assessed by the Department of Revenue. The |
proposition shall be in
substantially the following form: |
-
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Shall the .... Fire Protection
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District levy a special tax at a rate YES
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not to exceed .40% of the value of all
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taxable property within the district as ---------------------
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equalized or assessed by the Department
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of Revenue for the purpose of providing NO
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an ambulance service?
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------------------------------------------------------------- |
(c) If it appears that a majority of all valid votes cast |
on the
proposition are in favor of levying a special tax to pay |
for an ambulance,
the Board of Trustees may levy and collect an |
annual tax for the purpose of
providing ambulance service under |
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this Act to be extended at a rate not to
exceed .40% .30% of the |
full fair cash value of the taxable property within the
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governmental unit as assessed or equalized by the Department of |
Revenue.
Such annual tax shall be in addition to the other |
taxes a fire protection
district may levy for its corporate |
purposes.
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(d) Any Board of trustees may:
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1. Provide or operate an emergency ambulance service;
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2. Contract with a private person, hospital, |
corporation or another
governmental unit for the provision |
and operation of emergency ambulance
service or subsidize |
the service thereof;
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3. Limit the number of ambulance services;
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4. Within its jurisdiction, fix, charge and collect |
fees for emergency
ambulance service within or outside of |
the fire protection district not
exceeding the reasonable |
cost of the service;
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5. Establish necessary regulations not inconsistent |
with the statutes
or regulations of the Department of |
Public Health relating to ambulance
service;
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6. The trustees shall have the power identified in |
paragraphs 3 and 5
only if the district shall have passed |
the referendum provided for herein.
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(e) When any Board of Trustees is authorized prior to |
January 1, 1978
to levy and collect an annual tax, for the |
purpose of providing ambulance
service, at any rate not |
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exceeding .25% of the full fair cash value of the
taxable |
property within the governmental unit as equalized or assessed |
by
the Department of Revenue, such Board of Trustees may by
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resolution increase its authority to tax for ambulance purposes |
to a rate
not to exceed .30%. Such resolution shall be |
effective 30 days after its
adoption. Notice of such resolution |
shall be published twice in a newspaper
having a general |
circulation within the district at least 20 days and again
at |
least 10 days prior to the effective date of the resolution. |
Such notice
shall state that the voters of that fire protection |
district, which district
shall be described in the notice, have |
until 30 days after the adoption
of the resolution to file a |
petition with the Board of Trustees praying
that the question |
of the adoption of the resolution be submitted to a vote
of the |
electors of such territory, and that, if no such petition is |
filed,
the resolution shall become effective 30 days after its |
adoption. The
notice also shall state the specific number of |
voters required to sign the
petition and the date of the |
prospective referendum. The district secretary
shall provide a |
petition form to any individual requesting one. If such a
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petition, signed by the voters of the district equal to 10% or |
more of the
registered voters of the district, is so filed with |
the Board of Trustees,
then the question of the adoption of the |
resolution shall be certified to
the proper election officials, |
who shall submit the question to a vote of
the electors of the |
district at an election in accordance with the general
election |
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law. If such a petition is filed, the resolution does not take
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effect unless a majority of the votes cast upon the question of |
the
adoption of the resolution is in favor of adoption. |
However, if such a
petition is determined to be invalid, the |
resolution shall take effect.
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The result of the election shall be entered upon the |
records of the
district. If a majority of the voters vote in |
favor of such resolution,
the resolution shall be effective |
immediately. The proposition shall be
in substantially the |
following form:
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-------------------------------------------------------------
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Shall the Board of Trustees of
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the .... Fire Protection District YES
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be authorized to increase the
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special tax for ambulance service
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to a rate not to exceed .30% of ------------------
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the value of all taxable property
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within the district as equalized or
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assessed by the Department of Revenue NO
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for the purpose of providing such service?
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In this Section, "ambulance service" includes, without |
limitation, pre-hospital medical services. "Pre-hospital |
medical services" includes emergency services performed by a |
paramedic or other on-board emergency personnel that are within |
the scope of the provider's license. This amendatory Act of the |