SB1244 Engrossed LRB095 04959 HLH 25025 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Fire Protection District Act is amended by
5 changing Section 22 as follows:
 
6     (70 ILCS 705/22)  (from Ch. 127 1/2, par. 38.5)
7     Sec. 22. The Board of Trustees of any fire protection
8 district incorporated under this Act is authorized under the
9 terms and conditions hereinafter set out, to provide emergency
10 ambulance service to or from points within or without the
11 district; to contract with providers of ambulance service; to
12 combine with other units of governments for the purpose of
13 providing ambulance service; to levy a tax for the provision of
14 such service and to adopt rules and regulations relating to
15 ambulance service within their jurisdiction.
16     (a) It is declared as a matter of public policy:
17         (1) That, in order to preserve, protect and promote the
18     public health, safety and general welfare, adequate and
19     continuing emergency ambulance service should be available
20     to every citizen of Illinois;
21         (2) That, insofar as it is economically feasible,
22     emergency ambulance service should be provided by private
23     enterprise; and

 

 

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1         (3) That, in the event adequate and continuing
2     emergency ambulance services do not exist, fire protection
3     districts should be authorized to provide, and shall cause
4     to be provided, ambulance service as a public
5     responsibility.
6     (b) Whenever the Board of Trustees of a fire protection
7 district desires to levy a special tax to provide an ambulance
8 service, it shall certify the question to the proper election
9 officials, who shall submit that question at an election to the
10 voters of the district. The result of such referendum shall be
11 entered upon the records of the district. If a majority of the
12 votes on the proposition are in favor of such proposition, the
13 Board of Trustees may thereafter levy a special tax at a rate
14 not to exceed .30% of the value of all taxable property within
15 the district as equalized or assessed by the Department of
16 Revenue. The proposition shall be in substantially the
17 following form:
18 -------------------------------------------------------------
19     Shall the .... Fire Protection
20  District levy  a special tax at a rate     YES
21  not to exceed .30% of the value of all
22  taxable property within the district as --------------------
23  equalized or assessed by the Department
24  of Revenue for the purpose of providing    NO
25  an ambulance service?
26 -------------------------------------------------------------

 

 

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1     (c) If it appears that a majority of all valid votes cast
2 on the proposition are in favor of levying a special tax to pay
3 for an ambulance, the Board of Trustees may levy and collect an
4 annual tax for the purpose of providing ambulance service under
5 this Act to be extended at a rate not to exceed .30% of the full
6 fair cash value of the taxable property within the governmental
7 unit as assessed or equalized by the Department of Revenue.
8 Such annual tax shall be in addition to the other taxes a fire
9 protection district may levy for its corporate purposes.
10     (d) Any Board of trustees may:
11         1. Provide or operate an emergency ambulance service;
12         2. Contract with a private person, hospital,
13     corporation or another governmental unit for the provision
14     and operation of emergency ambulance service or subsidize
15     the service thereof;
16         3. Limit the number of ambulance services;
17         4. Within its jurisdiction, fix, charge and collect
18     fees for emergency ambulance service within or outside of
19     the fire protection district not exceeding the reasonable
20     cost of the service;
21         5. Establish necessary regulations not inconsistent
22     with the statutes or regulations of the Department of
23     Public Health relating to ambulance service;
24         6. The trustees shall have the power identified in
25     paragraphs 3 and 5 only if the district shall have passed
26     the referendum provided for herein.

 

 

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1     (e) When any Board of Trustees is authorized prior to
2 January 1, 1978 to levy and collect an annual tax, for the
3 purpose of providing ambulance service, at any rate not
4 exceeding .25% of the full fair cash value of the taxable
5 property within the governmental unit as equalized or assessed
6 by the Department of Revenue, such Board of Trustees may by
7 resolution increase its authority to tax for ambulance purposes
8 to a rate not to exceed .30%. Such resolution shall be
9 effective 30 days after its adoption. Notice of such resolution
10 shall be published twice in a newspaper having a general
11 circulation within the district at least 20 days and again at
12 least 10 days prior to the effective date of the resolution.
13 Such notice shall state that the voters of that fire protection
14 district, which district shall be described in the notice, have
15 until 30 days after the adoption of the resolution to file a
16 petition with the Board of Trustees praying that the question
17 of the adoption of the resolution be submitted to a vote of the
18 electors of such territory, and that, if no such petition is
19 filed, the resolution shall become effective 30 days after its
20 adoption. The notice also shall state the specific number of
21 voters required to sign the petition and the date of the
22 prospective referendum. The district secretary shall provide a
23 petition form to any individual requesting one. If such a
24 petition, signed by the voters of the district equal to 10% or
25 more of the registered voters of the district, is so filed with
26 the Board of Trustees, then the question of the adoption of the

 

 

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1 resolution shall be certified to the proper election officials,
2 who shall submit the question to a vote of the electors of the
3 district at an election in accordance with the general election
4 law. If such a petition is filed, the resolution does not take
5 effect unless a majority of the votes cast upon the question of
6 the adoption of the resolution is in favor of adoption.
7 However, if such a petition is determined to be invalid, the
8 resolution shall take effect.
9     The result of the election shall be entered upon the
10 records of the district. If a majority of the voters vote in
11 favor of such resolution, the resolution shall be effective
12 immediately. The proposition shall be in substantially the
13 following form:
14 -------------------------------------------------------------
15     Shall the Board of Trustees of
16 the .... Fire Protection District               YES
17 be authorized to increase the
18 special  tax for ambulance service
19 to a rate  not to exceed .30% of           ------------------
20 the value of all taxable property
21 within the district as equalized or
22 assessed by the Department of Revenue           NO
23 for the purpose of providing such service?
24 -------------------------------------------------------------
25     In this Section, "ambulance service" includes, without
26 limitation, pre-hospital medical services. "Pre-hospital

 

 

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1 medical services" includes emergency services performed by a
2 paramedic or other on-board emergency personnel that are within
3 the scope of the provider's license. This amendatory Act of the
4 95th General Assembly is declarative of existing law.
5 (Source: P.A. 86-1253; 87-767.)