HB3233 EnrolledLRB098 11019 OMW 41698 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Fire Protection District Act is amended  by 
5changing 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 
8district incorporated
under this Act is authorized under the 
9terms and conditions hereinafter
set out, to provide emergency 
10ambulance service to or from points within
or without the 
11district; to contract with providers of ambulance service;
to 
12combine with other units of governments for the purpose of 
13providing
ambulance service; to levy a tax for the provision of 
14such service and to
adopt rules and regulations relating to 
15ambulance 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 
7district desires
to levy a special tax to provide an ambulance 
8service, it shall certify the
question to the proper election 
9officials, who shall submit that question
at an election to the 
10voters of the district. The result of such referendum
shall be 
11entered upon the records of the district. If a majority of the

12votes on the proposition are in favor of such proposition, the 
13Board of
Trustees may thereafter levy a special tax at a rate 
14not to exceed .30% of
the value of all taxable property within 
15the district as equalized or
assessed by the Department of 
16Revenue. The proposition shall be in
substantially the 
17following 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    (b-5) On and after the effective date of this amendatory 
2Act of the 98th General Assembly, whenever the Board of 
3Trustees of a fire protection district desires
to levy a 
4special tax to provide an ambulance service, it shall certify 
5the
question to the proper election officials, who shall submit 
6that question
at an election to the voters of the district. The 
7result of such referendum
shall be entered upon the records of 
8the district. If a majority of the
votes on the proposition are 
9in favor of such proposition, the Board of
Trustees may 
10thereafter levy a special tax at a rate not to exceed .40% of

11the value of all taxable property within the district as 
12equalized or
assessed by the Department of Revenue. The 
13proposition shall be in
substantially the following form:
14-

15    Shall the .... Fire Protection

16District levy  a special tax at a rate     YES

17not to exceed .40% of the value of all

18taxable property within the district as ---------------------

19equalized or assessed by the Department

20of Revenue for the purpose of providing    NO

21an ambulance service?

22------------------------------------------------------------- 
23    (c) If it appears that a majority of all valid votes cast 
24on the
proposition are in favor of levying a special tax to pay 
25for an ambulance,
the Board of Trustees may levy and collect an 
26annual tax for the purpose of
providing ambulance service under 
 
 
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1this Act to be extended at a rate not to
exceed .40% .30% of the 
2full fair cash value of the taxable property within the

3governmental unit as assessed or equalized by the Department of 
4Revenue.
Such annual tax shall be in addition to the other 
5taxes a fire protection
district may levy for its corporate 
6purposes.

7    (d) Any Board of trustees may:


8        1. Provide or operate an emergency ambulance service;


9        2. Contract with a private person, hospital, 
10    corporation or another
governmental unit for the provision 
11    and operation of emergency ambulance
service or subsidize 
12    the service thereof;


13        3. Limit the number of ambulance services;


14        4. Within its jurisdiction, fix, charge and collect 
15    fees for emergency
ambulance service within or outside of 
16    the fire protection district not
exceeding the reasonable 
17    cost of the service;


18        5. Establish necessary regulations not inconsistent 
19    with the statutes
or regulations of the Department of 
20    Public Health relating to ambulance
service;


21        6. The trustees shall have the power identified in 
22    paragraphs 3 and 5
only if the district shall have passed 
23    the referendum provided for herein.

24    (e) When any Board of Trustees is authorized prior to 
25January 1, 1978
to levy and collect an annual tax, for the 
26purpose of providing ambulance
service, at any rate not 
 
 
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1exceeding .25% of the full fair cash value of the
taxable 
2property within the governmental unit as equalized or assessed 
3by
the Department of Revenue, such Board of Trustees may by

4resolution increase its authority to tax for ambulance purposes 
5to a rate
not to exceed .30%. Such resolution shall be 
6effective 30 days after its
adoption. Notice of such resolution 
7shall be published twice in a  newspaper
having a general 
8circulation within the district at least 20 days and again
at 
9least 10 days prior to the effective date of the resolution.  
10Such notice
shall state that the voters of that fire protection 
11district, which district
shall be described in the notice, have 
12until 30 days after the adoption
of the resolution to file a 
13petition with the Board of Trustees praying
that the question 
14of the adoption of the resolution be submitted to a vote
of the 
15electors of such territory, and that, if no such petition is 
16filed,
the resolution shall become effective 30 days after its 
17adoption. The
notice also shall state the specific number of 
18voters required to sign the
petition and the date of the 
19prospective referendum. The district secretary
shall provide a 
20petition form to any individual requesting one. If such a

21petition, signed by the voters of the district equal to 10% or 
22more of the
registered voters of the district, is so filed with 
23the Board of Trustees,
then the question of the adoption of the 
24resolution shall be certified to
the proper election officials, 
25who shall submit the question to a vote of
the electors of the 
26district at an election in accordance with the general
election 
 
 
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1law. If such a petition is filed, the resolution does not take

2effect unless a majority of the votes cast upon the question of 
3the
adoption of the resolution is in favor of adoption. 
4However, if such a
petition is determined to be invalid, the 
5resolution shall take effect.

6    The result of the election shall be entered upon the 
7records of the
district.  If a majority of the voters vote in 
8favor of such resolution,
the resolution shall be effective  
9immediately. The proposition shall be
in substantially the 
10following form:

11-------------------------------------------------------------

12    Shall the Board of Trustees of

13the .... Fire Protection District               YES

14be authorized to increase the

15special  tax for ambulance service

16to a rate  not to exceed .30% of           ------------------

17the value of all taxable property

18within the district as equalized or

19assessed by the Department of Revenue           NO

20for the purpose of providing such service?

21-------------------------------------------------------------

22    In this Section, "ambulance service" includes, without 
23limitation, pre-hospital medical services. "Pre-hospital 
24medical services" includes emergency services  performed by a 
25paramedic or other on-board emergency personnel that are within 
26the scope of the provider's license.  This amendatory Act of the 
 
 
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195th General Assembly is declarative of existing law.

2(Source: P.A. 95-497, eff. 1-1-08.)

 
 
3    Section 99. Effective date. This Act takes effect upon 
4becoming law.