Full Text of HB4359 103rd General Assembly
HB4359enr 103RD GENERAL ASSEMBLY | | | HB4359 Enrolled | | LRB103 35352 AWJ 65416 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 Sections 22 and 24 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 | 14 | | of 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 | 18 | | the public health, safety and general welfare, adequate | 19 | | and continuing emergency ambulance service should be | 20 | | available 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 |
| | | HB4359 Enrolled | - 2 - | LRB103 35352 AWJ 65416 b |
|
| 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 | 10 | | the voters of the district. The result of such referendum | 11 | | shall be entered upon the records of the district. If a | 12 | | majority of the votes on the proposition are in favor of such | 13 | | proposition, the Board of Trustees may thereafter levy a | 14 | | special tax at a rate not to exceed .30% of the value of all | 15 | | taxable property within the district as equalized or assessed | 16 | | by the Department of Revenue. The proposition shall be in | 17 | | substantially the 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 | | ------------------------------------------------------------- |
| | | HB4359 Enrolled | - 3 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | (b-5) On and after the effective date of this amendatory | 2 | | Act of the 98th General Assembly, whenever the Board of | 3 | | Trustees of a fire protection district desires to levy a | 4 | | special tax to provide an ambulance service, it shall certify | 5 | | the question to the proper election officials, who shall | 6 | | submit that question at an election to the voters of the | 7 | | district. The result of such referendum shall be entered upon | 8 | | the records of the district. If a majority of the votes on the | 9 | | proposition are in favor of such proposition, the Board of | 10 | | Trustees may thereafter levy a special tax at a rate not to | 11 | | exceed .40% of the value of all taxable property within the | 12 | | district as equalized or assessed by the Department of | 13 | | Revenue. The proposition shall be in substantially the | 14 | | following form: | 15 | | ----------------------------------------------
| 16 | | Shall the .... Fire Protection
| 17 | | District levy a special tax at a rate YES
| 18 | | not to exceed .40% of the value of all
| 19 | | taxable property within the district as ---------------------
| 20 | | equalized or assessed by the Department
| 21 | | of Revenue for the purpose of providing NO
| 22 | | an ambulance service?
| 23 | | ------------------------------------------------------------- | 24 | | (c) If it appears that a majority of all valid votes cast | 25 | | on the proposition are in favor of levying a special tax to pay | 26 | | for an ambulance, the Board of Trustees may levy and collect an |
| | | HB4359 Enrolled | - 4 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | annual tax for the purpose of providing ambulance service | 2 | | under this Act to be extended at a rate not to exceed .40% of | 3 | | the full fair cash value of the taxable property within the | 4 | | governmental unit as assessed or equalized by the Department | 5 | | of Revenue. Such annual tax shall be in addition to the other | 6 | | taxes a fire protection district may levy for its corporate | 7 | | purposes. | 8 | | (d) Any Board of trustees may: | 9 | | 1. Provide or operate an emergency ambulance service; | 10 | | 2. Contract with a private person, hospital, | 11 | | corporation or another governmental unit for the provision | 12 | | and operation of emergency ambulance service or subsidize | 13 | | the service thereof; | 14 | | 3. Limit the number of ambulance services; | 15 | | 4. Within its jurisdiction, fix, charge and collect | 16 | | fees for emergency ambulance service within or outside of | 17 | | the fire protection district not exceeding the reasonable | 18 | | cost of the service; | 19 | | 5. Establish necessary regulations not inconsistent | 20 | | with the statutes or regulations of the Department of | 21 | | Public Health relating to ambulance service; | 22 | | 6. The trustees shall have the power identified in | 23 | | paragraphs 3 and 5 only if the district shall have passed | 24 | | the referendum provided for herein. | 25 | | (e) When any Board of Trustees is authorized prior to | 26 | | January 1, 1978 to levy and collect an annual tax, for the |
| | | HB4359 Enrolled | - 5 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | purpose of providing ambulance service, at any rate not | 2 | | exceeding .25% of the full fair cash value of the taxable | 3 | | property within the governmental unit as equalized or assessed | 4 | | by the Department of Revenue, such Board of Trustees may by | 5 | | resolution increase its authority to tax for ambulance | 6 | | purposes to a rate not to exceed .30%. Such resolution shall be | 7 | | effective 30 days after its adoption. Notice of such | 8 | | resolution shall be published twice in a newspaper having a | 9 | | general circulation within the district at least 20 days and | 10 | | again at least 10 days prior to the effective date of the | 11 | | resolution. Such notice shall state that the voters of that | 12 | | fire protection district, which district shall be described in | 13 | | the notice, have until 30 days after the adoption of the | 14 | | resolution to file a petition with the Board of Trustees | 15 | | praying that the question of the adoption of the resolution be | 16 | | submitted to a vote of the electors of such territory, and | 17 | | that, if no such petition is filed, the resolution shall | 18 | | become effective 30 days after its adoption. The notice also | 19 | | shall state the specific number of voters required to sign the | 20 | | petition and the date of the prospective referendum. The | 21 | | district secretary shall provide a petition form to any | 22 | | individual requesting one. If such a petition, signed by the | 23 | | voters of the district equal to 10% or more of the registered | 24 | | voters of the district, is so filed with the Board of Trustees, | 25 | | then the question of the adoption of the resolution shall be | 26 | | certified to the proper election officials, who shall submit |
| | | HB4359 Enrolled | - 6 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | the question to a vote of the electors of the district at an | 2 | | election in accordance with the general election law. If such | 3 | | a petition is filed, the resolution does not take effect | 4 | | unless a majority of the votes cast upon the question of the | 5 | | adoption of the resolution is in favor of adoption. However, | 6 | | if such a petition is determined to be invalid, the resolution | 7 | | shall take effect. | 8 | | The result of the election shall be entered upon the | 9 | | records of the district. If a majority of the voters vote in | 10 | | favor of such resolution, the resolution shall be effective | 11 | | immediately. The proposition shall be in substantially the | 12 | | following form: | 13 | | ----------------------------------------------
| 14 | | Shall the Board of Trustees of
| 15 | | the .... Fire Protection District YES
| 16 | | be authorized to increase the
| 17 | | special tax for ambulance service
| 18 | | to a rate not to exceed .30% of ------------------
| 19 | | the value of all taxable property
| 20 | | within the district as equalized or
| 21 | | assessed by the Department of Revenue NO
| 22 | | for the purpose of providing such service?
| 23 | | ------------------------------------------------------------- | 24 | | (f) The Board of Trustees may accumulate funds in its | 25 | | ambulance fund for the purposes of acquiring, building, or | 26 | | maintaining real property, procuring emergency medical service |
| | | HB4359 Enrolled | - 7 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | vehicles or equipment, or training to provide essential | 2 | | emergency medical services to the community. | 3 | | (g) In this Section, "ambulance service" includes, without | 4 | | limitation, pre-hospital medical services. "Pre-hospital | 5 | | medical services" includes emergency services performed by a | 6 | | paramedic or other on-board emergency personnel that are | 7 | | within the scope of the provider's license. This amendatory | 8 | | Act of the 95th General Assembly is declarative of existing | 9 | | law. | 10 | | (Source: P.A. 98-319, eff. 8-12-13.) | 11 | | (70 ILCS 705/24) (from Ch. 127 1/2, par. 38.7) | 12 | | Sec. 24. (a) In addition to any other tax authorized by | 13 | | law, the board of trustees of a fire protection district may, | 14 | | subject to the requirements of subsections (b) and (c), by | 15 | | ordinance levy a special annual tax at a rate not exceeding | 16 | | 0.10% of the value, as equalized or assessed by the Department | 17 | | of Revenue, of all taxable property within the district, for | 18 | | the purpose of obtaining funds to pay for the costs of | 19 | | emergency and rescue crews and equipment. | 20 | | (b) Whenever the board of trustees of a fire protection | 21 | | district desires to levy a special tax under this Section, it | 22 | | shall certify the question to the proper election officials, | 23 | | who shall submit that question at an election to the voters of | 24 | | the district in accordance with the general election law. The | 25 | | result of such referendum shall be entered upon the records of |
| | | HB4359 Enrolled | - 8 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | the district. If a majority of the votes on the proposition are | 2 | | in favor of such proposition, the board of trustees may | 3 | | thereafter levy a special tax under this Section at a rate not | 4 | | to exceed 0.05% of the value of all taxable property within the | 5 | | district as equalized or assessed by the Department of | 6 | | Revenue. The proposition shall be in substantially the | 7 | | following form: | 8 | | ----------------------------------------------
| 9 | | Shall the ....... Fire Protection
| 10 | | District levy a special tax at a rate
| 11 | | not to exceed 0.05% of the value of YES
| 12 | | all taxable property within the
| 13 | | district as equalized or assessed ---------------------
| 14 | | by the Department of Revenue for
| 15 | | the purpose of providing funds NO
| 16 | | to pay for the costs of emergency
| 17 | | and rescue crews and equipment?
| 18 | | ------------------------------------------------------------- | 19 | | (c) Whenever the board of trustees of a fire protection | 20 | | district desires to levy a special tax under this Section at a | 21 | | rate not to exceed 0.10% of the value of all taxable property | 22 | | within the district as equalized or assessed by the Department | 23 | | of Revenue, it shall certify the question to the proper | 24 | | election officials, who shall submit that question at an | 25 | | election to the voters of the district in accordance with the | 26 | | general election law. The result of such referendum shall be |
| | | HB4359 Enrolled | - 9 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | entered upon the records of the district. If a majority of the | 2 | | votes on the proposition are in favor of such proposition, the | 3 | | board of trustees may thereafter levy a special tax under this | 4 | | Section at a rate not to exceed 0.10% of the value of all | 5 | | taxable property within the district as equalized or assessed | 6 | | by the Department of Revenue. The proposition shall be in | 7 | | substantially the following form: | 8 | | ---------------------------
| 9 | | Shall the ......... Fire
| 10 | | Protection District levy a YES
| 11 | | special tax at a rate not to
| 12 | | exceed 0.10% of the value of
| 13 | | all taxable property within the --------------------------
| 14 | | district as equalized or assessed
| 15 | | by the Department of Revenue
| 16 | | for the purpose of providing funds NO
| 17 | | to pay for the costs of emergency
| 18 | | and rescue crews and equipment?
| 19 | | ------------------------------------------------------------- | 20 | | (d) The board of trustees may accumulate funds in its | 21 | | emergency and rescue fund for the purposes of acquiring, | 22 | | building, or maintaining real property for emergency and | 23 | | rescue purposes, procuring emergency rescue crews and | 24 | | equipment, or training to provide essential rescue, | 25 | | specialized rescue, and technical rescue services to the | 26 | | community. |
| | | HB4359 Enrolled | - 10 - | LRB103 35352 AWJ 65416 b |
|
| 1 | | (Source: P.A. 99-4, eff. 5-31-15; 100-348, eff. 1-1-18 .) |
|