HB1301ham001 97TH GENERAL ASSEMBLY

Rep. Donald L. Moffitt

Filed: 2/17/2011

09700HB1301ham001 LRB097 05228 RLJ 50274 a

AMENDMENT TO HOUSE BILL 1301

AMENDMENT NO. ______. Amend House Bill 1301 by replacing everything after the enacting clause with the following:

"Section 5. The Fire Protection District Act is amended by adding Sections 8.5 and 27 as follows:

(70 ILCS 705/8.5 new)

Sec. 8.5. Fire alarm monitoring equipment. For the purpose of improving the response time of a fire protection district's fire department to locations equipped with fire alarms in order to more effectively save lives and property and promote firefighter safety, the board of trustees of any fire protection district incorporated under this Act may, by ordinance, regulate or prescribe the method of installing, monitoring, and maintaining fire alarm monitoring equipment used within the district. A district may require that certain properties located within the boundaries of the district maintain an automatic fire alarm system that is directly monitored by a remote station, by a fire board maintained or otherwise provided by or for the district, or by another entity approved by the district. A district may also acquire, maintain, and mandate the use within all or a portion of the district of equipment and facilities to establish and operate a wireless radio network or other network connected to a remote station or fire board maintained or otherwise provided by or for the district, and establish reasonable fees in relation thereto. Any fee collected under this Section must be commensurate with the costs incurred by the fire protection district in maintaining or providing facilities and equipment to establish and operate the wireless radio network or other network.

This Section shall be construed as declaratory of existing law and not as a new enactment.

(70 ILCS 705/27 new)

Sec. 27. Anti-trust laws; State action exemption. Fire protection districts incorporated under this Act are expressly made the beneficiary of the provisions of Section 1 of the Local Government Antitrust Exemption Act, and the General Assembly intends that the State action exemption to the application of the federal anti-trust laws be fully available to each district to the extent its respective activities are either (i) expressly or by necessary implication authorized by this Act or any other State law or (ii) within traditional areas of local governmental activity.

This Section shall be construed as declaratory of existing law and not as a new enactment.".