HB4395 102ND GENERAL ASSEMBLY

LRB102 22772 AWJ 31920 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4395

Introduced 1/21/2022, by Rep. Lawrence Walsh, Jr.

SYNOPSIS AS INTRODUCED:

55 ILCS 5/Div. 5-5 heading
55 ILCS 5/5-5002 new
60 ILCS 1/200-20 new
65 ILCS 5/11-6-12 new
70 ILCS 705/11a-5 new

Amends the Counties Code, the Township Code, the Illinois Municipal Code, and the Fire Protection District Act. Provides that a nongovernmental entity with which a county, township, municipality, or fire protection district contracts to furnish fire protection services that displays a logo of the unit of local government on the entity's vehicles or uniform shall conspicuously display on all vehicles and uniforms a disclosure with specified information. Defines "vehicle". Provides that a violation is a business offense with a $1,000 fine per occurrence. Limits home rule powers. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing the heading of Division 5-5 and by adding Section 5-5002 as follows:

(55 ILCS 5/Div. 5-5 heading)

Division 5-5. Contracts for Police Protection

and Fire Protection

(55 ILCS 5/5-5002 new)

Sec. 5-5002. Identification of nongovernmental contracted fire protection services.

(a) As used in this Section:

"Conspicuously display" means to display a disclosure that is at least the same size as and located close to the largest logo referring to the county.

"Logo" means a symbol, graphic, seal, emblem, insignia, trade name, brand name, picture, or text identifying a person, firm, corporation, association, or county.

"Occurrence" means each vehicle or uniform in violation of this Section that could be viewed by members of the public that fails to display the required disclosure consistent with the provisions of this Section.

"Vehicle" means any publicly or privately owned means of transportation that is specifically designed, constructed, or modified and equipped for the primary purpose of responding to fire emergencies, and is intended to be used for and is maintained or operated for the primary purpose of responding to fire emergencies.

(b) Any nongovernmental entities that the county board contracts with to furnish fire protection services that display a logo of the county on the entity's vehicle or uniform shall also conspicuously display on all vehicles and uniforms the following disclosure:

(1) a statement indicating that the entity is the service provider, contractor, or other appropriate descriptor, with substantially similar language of "SERVICE PROVIDED BY:" or "CONTRACTED BY:";

(2) the name of the contracting person, firm, corporation, or association that is providing the labor or services for the county;

(3) the state or federal tax designation of the contracting person, firm, corporation, or association; and

(4) the entity's principal place of business as disclosed in the entity's records with the Secretary of State or other similar agency outside of Illinois. If a vehicle or uniform displays more than one logo referring to the county, then the required disclosure shall be placed near the largest logo referring to the county.

(c) A person or entity that violates this Section is guilty of a business offense and shall be fined $1,000 per occurrence. The circuit court in the county where a violation occurs shall have jurisdiction to enforce the provisions of this Section.

(d) A home rule unit may not regulate the display of logos in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 10. The Township Code is amended by adding Section 200-20 as follows:

(60 ILCS 1/200-20 new)

Sec. 200-20. Identification of nongovernmental contracted fire protection services.

(a) As used in this Section:

"Conspicuously display" means to display a disclosure that is at least the same size as and located close to the largest logo referring to the township.

"Logo" means a symbol, graphic, seal, emblem, insignia, trade name, brand name, picture, or text identifying a person, firm, corporation, association, or township.

"Occurrence" means each vehicle or uniform in violation of this Section that could be viewed by members of the public that fails to display the required disclosure consistent with the provisions of this Section.

"Vehicle" means any publicly or privately owned means of transportation that is specifically designed, constructed, or modified and equipped for the primary purpose of responding to fire emergencies, and is intended to be used for and is maintained or operated for the primary purpose of responding to fire emergencies.

(b) Any nongovernmental entities that the governing body of a township contracts with to furnish fire protection services that display a logo of a township on the entity's vehicle or uniform shall also conspicuously display on all vehicles and uniforms the following disclosure:

(1) a statement indicating that the entity is the service provider, contractor, or other appropriate descriptor, with substantially similar language of "SERVICE PROVIDED BY:" or "CONTRACTED BY:";

(2) the name of the contracting person, firm, corporation, or association that is providing the labor or services for the township;

(3) the state or federal tax designation of the contracting person, firm, corporation, or association; and

(4) the entity's principal place of business as disclosed in the entity's records with the Secretary of State or other similar agency outside of Illinois. If a vehicle or uniform displays more than one logo referring to the township, then the required disclosure shall be placed near the largest logo referring to the township.

(c) A person or entity that violates this Section is guilty of a business offense and shall be fined $1,000 per occurrence. The circuit court in the county where a violation occurs shall have jurisdiction to enforce the provisions of this Section.

Section 15. The Illinois Municipal Code is amended by adding Section 11-6-12 as follows:

(65 ILCS 5/11-6-12 new)

Sec. 11-6-12. Identification of nongovernmental contracted fire protection services.

(a) As used in this Section:

"Conspicuously display" means to display a disclosure that is at least the same size as and located close to the largest logo referring to the municipality.

"Logo" means a symbol, graphic, seal, emblem, insignia, trade name, brand name, picture, or text identifying a person, firm, corporation, association, or municipality.

"Occurrence" means each vehicle or uniform in violation of this Section that could be viewed by members of the public that fails to display the required disclosure consistent with the provisions of this Section.

"Vehicle" means any publicly or privately owned means of transportation that is specifically designed, constructed, or modified and equipped for the primary purpose of responding to fire emergencies, and is intended to be used for and is maintained or operated for the primary purpose of responding to fire emergencies.

(b) Any nongovernmental entities that the corporate authorities of any municipality contracts with to furnish fire protection services that display a logo of a municipality on the entity's vehicle or uniform shall also conspicuously display on all vehicles and uniforms the following disclosure:

(1) a statement indicating that the entity is the service provider, contractor, or other appropriate descriptor, with substantially similar language of "SERVICE PROVIDED BY:" or "CONTRACTED BY:";

(2) the name of the contracting person, firm, corporation, or association that is providing the labor or services for the municipality;

(3) the state or federal tax designation of the contracting person, firm, corporation, or association; and

(4) the entity's principal place of business as disclosed in the entity's records with the Secretary of State or other similar agency outside of Illinois. If a vehicle or uniform displays more than one logo referring to the municipality, then the required disclosure shall be placed near the largest logo referring to the municipality.

(c) A person or entity that violates this Section is guilty of a business offense and shall be fined $1,000 per occurrence. The circuit court in the county where a violation occurs shall have jurisdiction to enforce the provisions of this Section.

(d) A home rule unit may not regulate the display of logos in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 20. The Fire Protection District Act is amended by adding Section 11a-5 as follows:

(70 ILCS 705/11a-5 new)

Sec. 11a-5. Identification of nongovernmental contracted fire protection services.

(a) As used in this Section:

"Conspicuously display" means to display a disclosure that is at least the same size as and located close to the largest logo referring to the district.

"Logo" means a symbol, graphic, seal, emblem, insignia, trade name, brand name, picture, or text identifying a person, firm, corporation, association, or district.

"Occurrence" means each vehicle or uniform in violation of this Section that could be viewed by members of the public that fails to display the required disclosure consistent with the provisions of this Section.

"Vehicle" means any publicly or privately owned means of transportation that is specifically designed, constructed, or modified and equipped for the primary purpose of responding to fire emergencies, and is intended to be used for and is maintained or operated for the primary purpose of responding to fire emergencies.

(b) Any nongovernmental entities that the board of trustees contracts with to furnish fire protection services pursuant to Section 11a that display a logo of a district on the entity's vehicle or uniform shall also conspicuously display on all vehicles and uniforms the following disclosure:

(1) a statement indicating that the entity is the service provider, contractor, or other appropriate descriptor, with substantially similar language of "SERVICE PROVIDED BY:" or "CONTRACTED BY:";

(2) the name of the contracting person, firm, corporation, or association that is providing the labor or services for the district;

(3) the state or federal tax designation of the contracting person, firm, corporation, or association; and

(4) the entity's principal place of business as disclosed in the entity's records with the Secretary of State or other similar agency outside of Illinois. If a vehicle or uniform displays more than one logo referring to the district, then the required disclosure shall be placed near the largest logo referring to the district.

(c) A person or entity that violates this Section is guilty of a business offense and shall be fined $1,000 per occurrence. The circuit court in the county where a violation occurs shall have jurisdiction to enforce the provisions of this Section.

Section 99. Effective date. This Act takes effect upon becoming law.