Full Text of SB3722 96th General Assembly
SB3722 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3722
Introduced 2/11/2010, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
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70 ILCS 715/1 |
from Ch. 127 1/2, par. 301 |
70 ILCS 715/2 |
from Ch. 127 1/2, par. 302 |
70 ILCS 715/3 |
from Ch. 127 1/2, par. 303 |
70 ILCS 715/4 |
from Ch. 127 1/2, par. 304 |
70 ILCS 715/5 |
from Ch. 127 1/2, par. 305 |
70 ILCS 715/6 |
from Ch. 127 1/2, par. 306 |
70 ILCS 715/7 |
from Ch. 127 1/2, par. 307 |
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Amends the Fire Protection of Unprotected Area Act. Provides that all unprotected areas of unincorporated portions of a county (instead of a county of less than 500,000 inhabitants) shall be eligible for assignment by the State Fire Marshal of fire protection coverage from a fire protection jurisdiction. Changes "fire protection district" to "fire protection jurisdiction". Provides that a "fire protection jurisdiction" includes fire departments of any unit of local government. Adds that property owners of an unprotected area may request that the State Fire Marshal arrange for fire protection coverage for the unprotected area from specified fire protection jurisdictions. Makes other changes. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3722 |
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LRB096 20662 RLJ 36379 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fire Protection of Unprotected Area Act is | 5 |
| amended by changing Sections 1, 2, 3, 4, 5, 6, and 7 as | 6 |
| follows:
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| (70 ILCS 715/1) (from Ch. 127 1/2, par. 301)
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| Sec. 1. Definitions. As used in this Act: As used in this | 9 |
| Act:
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| "Unprotected area" means any part of an unincorporated area | 11 |
| of a county
of less than 500,000 inhabitants , which is not part | 12 |
| of a fire protection
jurisdiction district , or which does not | 13 |
| have available on voluntary or contractual
basis a source of | 14 |
| fire protection coverage.
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| "Fire Marshal" means the State Fire Marshal.
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| "Fire Protection Jurisdiction District " includes fire | 17 |
| departments of any unit units of
local government.
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| "Fire Protection Coverage" means the availability of fire | 19 |
| protection on
a voluntary, or contractual basis, from a | 20 |
| municipal fire department or fire protection
district, or | 21 |
| eligibility to receive services from a unit of local
government | 22 |
| that provides fire protection.
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| (Source: P.A. 79-1054.)
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SB3722 |
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LRB096 20662 RLJ 36379 b |
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| (70 ILCS 715/2) (from Ch. 127 1/2, par. 302)
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| Sec. 2. Fire protection. After December 31, 1975, all | 3 |
| unprotected areas of unincorporated
portions of counties of | 4 |
| less than 500,000 inhabitants shall be eligible
for
assignment | 5 |
| by the Fire Marshal of fire protection coverage from a fire
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| protection jurisdiction district . Incorporated areas and | 7 |
| municipal fire
departments shall
be exempt from the provisions | 8 |
| of this Act.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (70 ILCS 715/3) (from Ch. 127 1/2, par. 303)
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| Sec. 3. Request for coverage. Upon written request to the | 12 |
| Fire Marshal, from
registered voters or property owners of an | 13 |
| unprotected area,
the Fire Marshal is authorized to contact | 14 |
| with all
practicable speed fire protection jurisdictions | 15 |
| districts near such unprotected
area, to seek to arrange for | 16 |
| fire protection coverage from a fire
protection jurisdiction | 17 |
| district under a voluntary, negotiated fee basis.
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| (Source: P.A. 83-392.)
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| (70 ILCS 715/4) (from Ch. 127 1/2, par. 304)
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| Sec. 4. Assignment of coverage; payment. | 21 |
| (a) If unable to arrange or negotiate successfully for fire
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| protection coverage on a fee basis to the unprotected area | 23 |
| within a reasonable
period of time, the Fire Marshal may assign |
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SB3722 |
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LRB096 20662 RLJ 36379 b |
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| a source of fire protection
coverage to the unprotected
area | 2 |
| from a nearby fire protection jurisdiction district .
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| (b) Whenever fire protection coverage services are | 4 |
| provided to an unprotected
area, the persons requesting
such | 5 |
| services after the effective date of this amendatory Act of | 6 |
| 1983
shall pay to the fire protection jurisdiction district | 7 |
| providing the services an amount
equal to the Fire Protection | 8 |
| Tax levied by the fire protection jurisdiction district
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| providing fire protection services.
Such amount shall be paid | 10 |
| annually on the anniversary date of the assignment.
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| (c) The fire protection jurisdiction district that | 12 |
| provides fire protection coverage
services shall request | 13 |
| payment each year as required by paragraph (b)
from the persons | 14 |
| requesting such
services. Such request shall be sent by first | 15 |
| class mail. If no payment
is received within 30 days, a second | 16 |
| request shall be sent. If no payment
is received within 15 days | 17 |
| after the second request is sent, a third request
for payment | 18 |
| shall be sent by certified mail.
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| If no payment is received within 15 days after the mailing | 20 |
| of the third
notice, the fire protection jurisdiction district | 21 |
| shall certify to the Fire
Marshal that the above notices were | 22 |
| sent and that payment was not received.
Upon receipt of the | 23 |
| certification of nonpayment, the Fire Marshal shall
terminate | 24 |
| the assignment to such person's property.
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| (Source: P.A. 83-392.)
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SB3722 |
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LRB096 20662 RLJ 36379 b |
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| (70 ILCS 715/5) (from Ch. 127 1/2, par. 305)
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| Sec. 5. Term of coverage. Except as otherwise provided in | 3 |
| this Section, an assignment
under this Act shall be in force | 4 |
| for 2 years.
After such time no part of the area shall be | 5 |
| eligible for another assignment.
A person that has been | 6 |
| assigned fire protection
coverage services pursuant to this Act | 7 |
| may petition the corporate
authorities of the fire protection | 8 |
| jurisdiction district providing such coverage for a
continued | 9 |
| assignment of coverage under this Act. If the corporate
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| authorities agree to such continued assignment, they shall | 11 |
| notify the Fire
Marshal of such agreement and shall continue to | 12 |
| provide for fire protection
coverage to the property so long as | 13 |
| payments to the jurisdiction district for such
coverage as | 14 |
| provided in this Act are made.
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| (Source: P.A. 85-1434.)
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| (70 ILCS 715/6) (from Ch. 127 1/2, par. 306)
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| Sec. 6. Priorities of assigned fire protection | 18 |
| jurisdiction. The provisions of this statute, as provided in | 19 |
| Section 4, shall in no
way supersede the responsibility of the | 20 |
| assigned fire protection jurisdiction district
to respond to | 21 |
| calls for fire protection coverage within their own
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| jurisdiction district , or under prior contractual agreements, | 23 |
| on a priority basis. The
assignment authority of the Fire | 24 |
| Marshal, as provided herein,
shall require a fire protection | 25 |
| jurisdiction district to provide fire protection
coverage, to |
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SB3722 |
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LRB096 20662 RLJ 36379 b |
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| the best of their ability, subject to above priority | 2 |
| considerations.
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| (Source: P.A. 79-1054.)
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| (70 ILCS 715/7) (from Ch. 127 1/2, par. 307)
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| Sec. 7. Exemptions from provisions of this Act. | 6 |
| (a) Where a designated or assigned fire protection | 7 |
| jurisdiction district can show
cause, to the satisfaction of | 8 |
| the Fire Marshal, that assignment to
provide fire protection | 9 |
| coverage to an unprotected area would raise the
Insurance | 10 |
| Service Office fire rating classification of the jurisdiction | 11 |
| district to a higher category or
classification than that | 12 |
| presently held, it shall, upon presentation
of such sufficient | 13 |
| evidence to the State Fire Marshal, be exempt from
assignment | 14 |
| by provisions of this statute to a designated area.
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| (b) Territory formerly included in a fire protection | 16 |
| district which has
been dissolved pursuant to Section 15a of | 17 |
| "An Act in relation to fire protection
districts", approved | 18 |
| July 8, 1927, as amended, shall be exempt from assignment
and | 19 |
| negotiation under the provisions of this Act
for a period of 24 | 20 |
| months after such dissolution.
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| (Source: P.A. 83-392.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law. |
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