HB4179 103RD GENERAL ASSEMBLY

LRB103 34777 AWJ 64627 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4179

Introduced 10/25/2023, by Rep. Charles Meier

SYNOPSIS AS INTRODUCED:

70 ILCS 2005/2.5
70 ILCS 2005/4	from Ch. 85, par. 6854
70 ILCS 2005/11
70 ILCS 2005/11.3
70 ILCS 2005/11.4
70 ILCS 2005/11.5

Amends the Rescue Squad Districts Act, which is becoming the Emergency Services District Act on January 1, 2024. Increases the amount of the levy that a district may initially levy upon formation of the district from .20% to .40%. Provides that districts organized before January 1, 2024 may, by ordinance or resolution, increase the tax rate authorized by their organizational proposition by up to .20% (but no more than a .40% tax rate in the aggregate, including the amount levied under the organization proposition). Provides that the aggregate amount of all district tax levies may not exceed .80% (with no more than .40% authorized by the organizational referendum and .40% authorized by an ambulance service tax referendum). Provides that the board of trustees of a district may fix, charge, and collect fees not exceeding the reasonable cost of the service for ambulance services rendered by the district within or outside of the district (rather than fix, charge, and collect fees against persons who are not residents of the district and against businesses and other entities that are not located within the district). Removes a provision setting fee amounts at a rate not to exceed $250 per hour and not to exceed $70 per hour per ambulance worker responding to a call for assistance. Provides that the fee that may be charged to reimburse the district for extraordinary expenses of materials used in rendering ambulance services may be up to the reasonable cost of the materials. 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 Rescue Squad Districts Act is amended by changing Sections 2.5, 4, 11, 11.3, 11.4, and 11.5 as follows:

(70 ILCS 2005/2.5)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2.5. Rescue squad district continuance. A rescue squad district organized under this Act before January 1, 2024 (the effective date of Public Act 103-134) this amendatory Act of the 103rd General Assembly may (i) continue to be named a rescue squad district or be renamed an emergency services district by ordinance of the board of trustees of the district, (ii) operate under the provisions of this Act as if it was they were organized as an emergency services district, and (iii) continue exercising taxing authority granted to it that was approved before the effective date of this amendatory Act of the 103rd General Assembly, and (iv) increase, by ordinance or resolution, the tax rate authorized by its organizational proposition under Section 4 by up to an additional .20%. However, the aggregate tax authorized to be levied for any one year under Section 4, including the amount levied under the organizational proposition, shall not exceed .40% of value, as equalized or assessed by the Department of Revenue and the taxes may be used for any purpose allowed under this Act. The taxes authorized under this Section may be used for any purpose allowed under this Act, including, but not limited to, ambulance service.

(Source: P.A. 103-134, eff. 1-1-24.)

(70 ILCS 2005/4) (from Ch. 85, par. 6854)

(Text of Section before amendment by P.A. 103-134)

Sec. 4. The determination of the court as to the necessity for the organization of the proposed rescue squad district, together with the description of the boundaries of the district as fixed by the court, shall be entered of record in the court. Thereupon the court shall certify the question of the organization of the territory included within the boundaries fixed by it as a rescue squad district to the proper election officials, who shall submit the question to the legal voters resident within the territory at an election to be held in the district. Notice of the referendum shall be given and the referendum conducted in the manner provided by the general election law. The notice of the election shall state the purpose of the referendum, describe the territory proposed to be organized as a rescue squad district, and state the time of the election.

The proposition shall be in substantially the following form:

--------------------------------------------------------

Shall this territory (describing it) be organized as The ........... YES Rescue Squad District and shall the District be authorized to levy and ----------------------

collect a property tax not to exceed .40% .20% on the property situated in the NO District? -------------------------------------------------------------

The court shall cause a statement of the result to be entered of record in the court.

(Source: P.A. 86-916.)

(Text of Section after amendment by P.A. 103-134)

Sec. 4. The determination of the court as to the necessity for the organization of the proposed emergency services district, together with the description of the boundaries of the district as fixed by the court, shall be entered of record in the court. Thereupon the court shall certify the question of the organization of the territory included within the boundaries fixed by it as an emergency services district to the proper election officials, who shall submit the question to the legal voters resident within the territory at an election to be held in the district. Notice of the referendum shall be given and the referendum conducted in the manner provided by the general election law. The notice of the election shall state the purpose of the referendum, describe the territory proposed to be organized as an emergency services district, and state the time of the election.

The proposition shall be in substantially the following form:

--------------------------------------------------------

Shall this territory (describing it) be organized as The ........... YES Emergency Services District and shall the District be authorized to levy and ----------------------

collect a property tax not to exceed .40% .20% on the property situated in the NO District? -------------------------------------------------------------

The court shall cause a statement of the result to be entered of record in the court.

(Source: P.A. 103-134, eff. 1-1-24.)

(70 ILCS 2005/11)

(Text of Section before amendment by P.A. 103-134)

Sec. 11. Property tax; fees.

(a) A rescue squad district organized under this Act may levy and collect a general tax on the property situated in the district, but the aggregate amount of taxes levied for any one year shall not exceed the rate of .80% .20% of value, as equalized or assessed by the Department of Revenue, with no more than half of the rate (.40%) authorized under paragraph (iv) of Section 2.5, Section 4, or both and half of the rate (.40%) under Section 11.5. The board of trustees shall determine and certify the amount to be levied and shall return the same to the county clerk. The limitation upon the tax rate may be increased or decreased under the referendum provisions of the General Revenue Law of Illinois.

In case the district is located in more than one county, the board of trustees shall determine and certify the amount to be levied upon the taxable property lying in each county and return the same to the respective county clerks of the counties in which the amount is to be levied. In order to determine the amount to be levied upon the taxable property of that part of the district lying in each county, the board shall ascertain from the county clerk of the respective counties in which the district lies the last ascertained equalized value of the taxable property of the district lying in their respective counties, then shall ascertain the rate per cent required and shall, accordingly, apportion the whole amount to be raised between the several parts of the district so lying in the different counties. The tax provided for in this Section shall be levied at the same time and in the same manner as nearly as practicable as taxes are now levied for municipal purposes under the laws of this State.

All general taxes under this Act, when collected, shall be paid over to the treasurer of the board of trustees, who is authorized to receive and receipt for the same.

(b) A rescue squad district organized under this Act may fix, charge, and collect fees for rescue squad services and ambulance services within or outside of the rescue squad district not exceeding the reasonable cost of the service.

(Source: P.A. 103-174, eff. 6-30-23.)

(Text of Section after amendment by P.A. 103-134)

Sec. 11. Property tax; fees.

(a) An emergency services district organized under this Act may levy and collect a general tax on the property situated in the district, but the aggregate amount of taxes levied for any one year under this Act shall not exceed the rate of .80% .20% of value, as equalized or assessed by the Department of Revenue, with no more than half of the rate (.40%) authorized under paragraph (iv) of Section 2.5, Section 4, or both and half of the rate (.40%) authorized under Section 11.5. The board of trustees shall determine and certify the amount to be levied and shall return the same to the county clerk. The limitation upon the tax rate may be increased or decreased under the referendum provisions of the General Revenue Law of Illinois.

In case the district is located in more than one county, the board of trustees shall determine and certify the amount to be levied upon the taxable property lying in each county and return the same to the respective county clerks of the counties in which the amount is to be levied. In order to determine the amount to be levied upon the taxable property of that part of the district lying in each county, the board shall ascertain from the county clerk of the respective counties in which the district lies the last ascertained equalized value of the taxable property of the district lying in their respective counties, then shall ascertain the rate per cent required and shall, accordingly, apportion the whole amount to be raised between the several parts of the district so lying in the different counties. The tax provided for in this Section shall be levied at the same time and in the same manner as nearly as practicable as taxes are now levied for municipal purposes under the laws of this State.

All general taxes under this Act, when collected, shall be paid over to the treasurer of the board of trustees, who is authorized to receive and receipt for the same.

(b) An emergency services A rescue squad district organized under this Act may fix, charge, and collect fees for district rescue squad services and ambulance services within or outside of the rescue squad district not exceeding the reasonable cost of the service.

(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23; revised 9-5-23.)

(70 ILCS 2005/11.3)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 11.3. Ambulance service.

(a) The board of trustees may provide ambulance service to or from points within or without the district, contract with providers of ambulance service, combine with other units of local government for the purpose of providing ambulance service, and adopt rules and regulations relating to ambulance service within the board's jurisdiction.

(b) The board of trustees may:

(1) contract with a private person, hospital, corporation, or another governmental unit for the provision and operation of ambulance service or subsidize the ambulance service;

(2) limit the number of ambulance services by referendum;

(3) within its jurisdiction, fix, charge, and collect fees for ambulance service within or outside of the fire protection district not exceeding the reasonable cost of the service; and

(4) establish necessary regulations not inconsistent with the statutes or regulations of the Department of Public Health relating to ambulance service.

The board of trustees may limit the number of ambulances under paragraph (2) or establish regulations under paragraph (4) if a referendum under Section 11.5 has been approved.

(Source: P.A. 103-134, eff. 1-1-24.)

(70 ILCS 2005/11.4)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 11.4. Charge for ambulance service.

(a) The board of trustees of a district may fix, charge, and collect fees not exceeding the reasonable cost of the service for ambulance services rendered by the district within or outside of the district against persons who are not residents of the district and against businesses and other entities that are not located within the district.

(b) A fee charged under subsection (a) shall be computed at a rate not to exceed $250 per hour and not to exceed $70 per hour per ambulance worker responding to a call for assistance. An additional fee may be charged to reimburse the district for extraordinary expenses of materials used in rendering ambulance services up to the reasonable cost of the materials. No charge shall be made for services for which the total charge would be less than $50.

(c) All revenue from the fees charged under this Section shall be deposited to the district's general fund.

(Source: P.A. 103-134, eff. 1-1-24.)

(70 ILCS 2005/11.5)

(Text of Section before amendment by P.A. 103-134)

Sec. 11.5. Ambulance service tax. Whenever the board of trustees of a rescue squad district desires to levy a special tax to provide an ambulance service or support an existing 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 the referendum shall be entered upon the records of the district. If a majority of the votes on the question are in favor of the question, the board of trustees may then levy a special tax at a rate not to exceed 0.40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The question shall be in substantially the following form:

----------------------------------------------

Shall the .... Rescue Squad District levy a special tax at a rate YES not to exceed 0.40% of the value of all taxable property within the district ---------------

as equalized or assessed by the Department of Revenue for the purpose NO of providing or supporting an ambulance service? -------------------------------------------------------------

The aggregate percentage of all tax levies that a district may levy under this Act may not exceed the aggregate percentage limitation under Section 11.

(Source: P.A. 100-1120, eff. 1-1-19.)

(Text of Section after amendment by P.A. 103-134)

Sec. 11.5. Ambulance service tax. Whenever the board of trustees of an emergency services district desires to levy a special tax to provide an ambulance service or support an existing 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 the referendum shall be entered upon the records of the district. If a majority of the votes on the question are in favor of the question, the board of trustees may then levy a special tax at a rate not to exceed 0.40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The question shall be in substantially the following form:

----------------------------------------------

Shall the .... Emergency Services District levy a special tax at a rate YES not to exceed 0.40% of the value of all taxable property within the district -----------------

as equalized or assessed by the Department of Revenue for the purpose NO of providing or supporting an ambulance service? -------------------------------------------------------------

The A tax levied under Section 4 11 may be used for ambulance services as well as a tax levied under this Section. The aggregate percentage of all tax levies that a district may levy under this Act may not exceed the aggregate percentage limitation under Section 11.

(Source: P.A. 103-134, eff. 1-1-24.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

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