Full Text of SB3722 96th General Assembly
SB3722enr 96TH GENERAL ASSEMBLY
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SB3722 Enrolled |
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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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| (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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| 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 by a fire protection district , | 5 |
| the persons requesting
such services after the effective date | 6 |
| of this amendatory Act of 1983
shall pay to the fire protection | 7 |
| district providing the services an amount
equal to the Fire | 8 |
| Protection Tax levied by the fire protection district
providing | 9 |
| fire protection services.
Such amount shall be paid annually on | 10 |
| the anniversary date of the assignment.
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| (b-5) If fire protection coverage services are provided to | 12 |
| an unprotected area by a municipal fire department, then the | 13 |
| persons requesting the services shall pay to the municipality | 14 |
| for providing fire protection an amount assigned by the | 15 |
| municipality. The amount shall be paid annually on the | 16 |
| anniversary date of the assignment by the Fire Marshal. | 17 |
| (c) The fire protection jurisdiction district that | 18 |
| provides fire protection coverage
services shall request | 19 |
| payment each year as required by paragraph (b)
from the persons | 20 |
| requesting such
services. Such request shall be sent by first | 21 |
| class mail. If no payment
is received within 30 days, a second | 22 |
| request shall be sent. If no payment
is received within 15 days | 23 |
| after the second request is sent, a third request
for payment | 24 |
| shall be sent by certified mail.
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| If no payment is received within 15 days after the mailing | 26 |
| of the third
notice, the fire protection jurisdiction district |
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| shall certify to the Fire
Marshal that the above notices were | 2 |
| sent and that payment was not received.
Upon receipt of the | 3 |
| certification of nonpayment, the Fire Marshal shall
terminate | 4 |
| the assignment to such person's property.
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| (Source: P.A. 83-392.)
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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 | 8 |
| this Section, an assignment
under this Act shall be in force | 9 |
| for 2 years.
After such time no part of the area shall be | 10 |
| eligible for another assignment.
A person that has been | 11 |
| assigned fire protection
coverage services pursuant to this Act | 12 |
| may petition the corporate
authorities of the fire protection | 13 |
| jurisdiction district providing such coverage for a
continued | 14 |
| assignment of coverage under this Act. If the corporate
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| authorities agree to such continued assignment, they shall | 16 |
| notify the Fire
Marshal of such agreement and shall continue to | 17 |
| provide for fire protection
coverage to the property so long as | 18 |
| payments to the jurisdiction district for such
coverage as | 19 |
| 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 | 23 |
| jurisdiction. The provisions of this statute, as provided in | 24 |
| Section 4, shall in no
way supersede the responsibility of the |
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| assigned fire protection jurisdiction district
to respond to | 2 |
| calls for fire protection coverage within their own
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| jurisdiction district , or under prior contractual agreements, | 4 |
| on a priority basis. The
assignment authority of the Fire | 5 |
| Marshal, as provided herein,
shall require a fire protection | 6 |
| jurisdiction district to provide fire protection
coverage, to | 7 |
| the best of their ability, subject to above priority | 8 |
| 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. | 12 |
| (a) Where a designated or assigned fire protection | 13 |
| jurisdiction district can show
cause, to the satisfaction of | 14 |
| the Fire Marshal, that assignment to
provide fire protection | 15 |
| coverage to an unprotected area would raise the
Insurance | 16 |
| Service Office fire rating classification of the jurisdiction | 17 |
| district to a higher category or
classification than that | 18 |
| presently held, it shall, upon presentation
of such sufficient | 19 |
| evidence to the State Fire Marshal, be exempt from
assignment | 20 |
| by provisions of this statute to a designated area.
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| (b) Territory formerly included in a fire protection | 22 |
| district which has
been dissolved pursuant to Section 15a of | 23 |
| "An Act in relation to fire protection
districts", approved | 24 |
| July 8, 1927, as amended, shall be exempt from assignment
and | 25 |
| negotiation under the provisions of this Act
for a period of 24 |
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| months after such dissolution.
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| (c) The Fire Marshal may not assign an unprotected area to | 3 |
| a municipal fire department unless an ordinance or resolution | 4 |
| has been approved by the corporate authorities of the | 5 |
| municipality agreeing to the assignment. | 6 |
| (Source: P.A. 83-392.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law. |
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