Illinois General Assembly - Full Text of SB3373
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Full Text of SB3373  97th General Assembly

SB3373sam002 97TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/26/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3373

2    AMENDMENT NO. ______. Amend Senate Bill 3373 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Fire Marshal Act is amended by
5changing Section 2.7 as follows:
 
6    (20 ILCS 2905/2.7)
7    Sec. 2.7. Small Fire-fighting and Ambulance Service
8Equipment Grant Program.
9    (a) The Office shall establish and administer a Small
10Fire-fighting and Ambulance Service Equipment Grant Program to
11award grants to fire departments, fire protection districts,
12and volunteer, non-profit, stand alone ambulance services for
13the purchase of small fire-fighting and ambulance equipment.
14    (b) (Blank). The Fire Service and Small Equipment Fund is
15created as a special fund in the State treasury. From
16appropriations, the Office may expend moneys from the Fund for

 

 

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1the grant program under subsection (a) of this Section. Moneys
2received for the purposes of this Section, including, without
3limitation, proceeds deposited under the Fire Investigation
4Act and gifts, grants, and awards from any public or private
5entity must be deposited into the Fund. Any interest earned on
6moneys in the Fund must be deposited into the Fund.
7    (b-1) The Fire Service and Small Equipment Fund is
8dissolved. Any moneys remaining in the Fund on the effective
9date of this amendatory Act of the 97th General Assembly shall
10be transferred to the Fire Prevention Fund.
11    (c) As used in this Section, "small fire-fighting and
12ambulance equipment" includes, without limitation, turnout
13gear, air packs, thermal imaging cameras, jaws of life,
14defibrillators, communications equipment, including but not
15limited to pagers and radios, and other fire-fighting or life
16saving equipment, as determined by the State Fire Marshal.
17    (d) The Office shall adopt any rules necessary for the
18implementation and administration of this Section.
19(Source: P.A. 95-717, eff. 4-8-08; 96-386, eff. 8-13-09.)
 
20    Section 10. The Illinois Finance Authority Act is amended
21by changing Sections 825-80, 825-81, and 825-85 and by adding
22Section 825-87 as follows:
 
23    (20 ILCS 3501/825-80)
24    Sec. 825-80. Fire truck revolving loan program.

 

 

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1    (a) This Section is a continuation and re-enactment of the
2fire truck revolving loan program enacted as Section 3-27 of
3the Rural Bond Bank Act by Public Act 93-35, effective June 24,
42003, and repealed by Public Act 93-205, effective January 1,
52004. Under the Rural Bond Bank Act, the program was
6administered by the Rural Bond Bank and the State Fire Marshal.
7    (b) The Authority and the State Fire Marshal may shall
8jointly administer a fire truck revolving loan program. The
9program shall, in instances where sufficient loan funds exist
10to permit applications to be accepted, provide financial
11support, including zero-interest and low-interest loans, for
12the purchase of fire trucks by a fire department, a fire
13protection district, or a township fire department. The
14Authority shall provide support make loans based on need, as
15determined by the State Fire Marshal.
16    (c) The loan funds, subject to appropriation, shall be paid
17out of the Fire Truck Revolving Loan Fund, a special fund in
18the State Treasury. The Fund shall consist of any moneys
19transferred or appropriated into the Fund, as well as all
20repayments of loans made under the program and any balance
21existing in the Fund on the effective date of this Section. The
22Fund shall be used for loans to fire departments and fire
23protection districts to purchase fire trucks and for no other
24purpose. All interest earned on moneys in the Fund shall be
25deposited into the Fund. As soon as practical after the
26effective date of this amendatory Act of the 97th General

 

 

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1Assembly, all moneys in the Fire Truck Revolving Loan Fund
2shall be paid by the State Fire Marshal to the Authority, and,
3on and after the effective date of this amendatory Act of the
497th General Assembly, all future moneys deposited into the
5Fire Truck Revolving Loan Fund under this Section shall be paid
6by the State Fire Marshal to the Authority under the continuing
7appropriation provision of subsection (c-1) of this Section;
8provided that the Authority and the State Fire Marshal enter
9into an intergovernmental agreement to use the moneys
10transferred to the Authority from the Fund solely for the
11purposes for which the moneys would otherwise be used under
12this Section and to set forth procedures to otherwise
13administer the use of the moneys.
14    (c-1) There is hereby appropriated, on a continuing annual
15basis in each fiscal year, from the Fire Truck Revolving Loan
16Fund, the amount, if any, of funds received into the Fire Truck
17Revolving Loan Fund to the State Fire Marshal for payment to
18the Authority for the purposes for which the moneys would
19otherwise be used under this Section.
20    (d) A loan for the purchase of fire trucks may not exceed
21$250,000 to any fire department or fire protection district.
22The repayment period for the loan may not exceed 20 years. The
23fire department or fire protection district shall repay each
24year at least 5% of the principal amount borrowed or the
25remaining balance of the loan, whichever is less. All
26repayments of loans shall be deposited into the Fire Truck

 

 

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1Revolving Loan Fund.
2    (e) The Authority and the State Fire Marshal may shall
3adopt rules in accordance with the Illinois Administrative
4Procedure Act to administer the program.
5    (f) Notwithstanding the repeal of Section 3-27 of the Rural
6Bond Bank Act, all otherwise lawful actions taken on or after
7January 1, 2004 and before the effective date of this Section
8by any person under the authority originally granted by that
9Section 3-27, including without limitation the granting,
10acceptance, and repayment of loans for the purchase of fire
11trucks, are hereby validated, and the rights and obligations of
12all parties to any such loan are hereby acknowledged and
13confirmed.
14(Source: P.A. 94-221, eff. 7-14-05.)
 
15    (20 ILCS 3501/825-81)
16    Sec. 825-81. Fire station revolving loan program.
17    (a) The Authority and the State Fire Marshal may jointly
18administer a fire station revolving loan program. The program
19shall, in instances where sufficient loan funds exist to permit
20applications to be accepted, may provide financial support,
21including zero-interest and low-interest loans, for the
22construction, rehabilitation, remodeling, or expansion of a
23fire station or the acquisition of land for the construction or
24expansion of a fire station by a fire department, a fire
25protection district, or a township fire department. Once the

 

 

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1program receives funding, the Authority shall provide support
2make loans based on need, as determined by the State Fire
3Marshal.
4    (b) The loan funds, subject to appropriation, may be paid
5out of the Fire Station Revolving Loan Fund, a special fund in
6the State treasury. The Fund may consist of any moneys
7transferred or appropriated into the Fund, as well as all
8repayments of loans made under the program. Once the program
9receives funding, the Fund may be used for loans to fire
10departments and fire protection districts to construct,
11rehabilitate, remodel, or expand fire stations or acquire land
12for the construction or expansion of fire stations and for no
13other purpose. All interest earned on moneys in the Fund shall
14be deposited into the Fund. As soon as practical after the
15effective date of this amendatory Act of the 97th General
16Assembly, all moneys in the Fire Station Revolving Loan Fund
17shall be paid by the State Fire Marshal to the Authority, and,
18on and after the effective date of this amendatory Act of the
1997th General Assembly, all future moneys deposited into the
20Fire Station Revolving Loan Fund under this Section shall be
21paid by the State Fire Marshal to the Authority under the
22continuing appropriation provision of subsection (b-1) of this
23Section; provided that the Authority and the State Fire Marshal
24enter into an intergovernmental agreement to use the moneys
25paid by the State Fire Marshal to the Authority from the Fund
26solely for the purposes for which the moneys would otherwise be

 

 

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1used under this Section and to set forth procedures to
2otherwise administer the use of the moneys.
3    (b-1) There is hereby appropriated, on a continuing annual
4basis in each fiscal year, from the Fire Station Revolving Loan
5Fund, the amount, if any, of funds received into the Fire
6Station Revolving Loan Fund to the State Fire Marshal for
7payment to the Authority for the purposes for which the moneys
8would otherwise be used under this Section.
9    (c) A loan under the program may not exceed $2,000,000 to
10any fire department or fire protection district. The repayment
11period for the loan may not exceed 25 years. The fire
12department or fire protection district shall repay each year at
13least 4% of the principal amount borrowed or the remaining
14balance of the loan, whichever is less. All repayments of loans
15shall be deposited into the Fire Station Revolving Loan Fund.
16    (d) The Authority and the State Fire Marshal may adopt
17rules in accordance with the Illinois Administrative Procedure
18Act to administer the program.
19(Source: P.A. 96-135, eff. 8-7-09; 96-1172, eff. 7-22-10.)
 
20    (20 ILCS 3501/825-85)
21    Sec. 825-85. Ambulance revolving loan program.
22    (a) The Authority and the State Fire Marshal may shall
23jointly administer an ambulance revolving loan program. The
24program shall, in instances where sufficient loan funds exist
25to permit applications to be accepted, provide financial

 

 

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1support, including zero-interest and low-interest loans, for
2the purchase of ambulances by a fire department, a fire
3protection district, a township fire department, or a
4non-profit ambulance service. The Authority shall provide
5support make loans based on need, as determined by the State
6Fire Marshal.
7    (b) The loan funds, subject to appropriation, shall be paid
8out of the Ambulance Revolving Loan Fund, a special fund in the
9State treasury. The Fund shall consist of any moneys
10transferred or appropriated into the Fund, as well as all
11repayments of loans made under the program. The Fund shall be
12used for loans to fire departments, fire protection districts,
13and non-profit ambulance services to purchase ambulances and
14for no other purpose. All interest earned on moneys in the Fund
15shall be deposited into the Fund. As soon as practical after
16the effective date of this amendatory Act of the 97th General
17Assembly, all moneys in the Ambulance Revolving Loan Fund shall
18be paid by the State Fire Marshal to the Authority, and, on and
19after the effective date of this amendatory Act of the 97th
20General Assembly, all future moneys deposited into the
21Ambulance Revolving Loan Fund under this Section shall be paid
22by the State Fire Marshal to the Authority under the continuing
23appropriation provision of subsection (b-1) of this Section;
24provided that the Authority and the State Fire Marshal enter
25into an intergovernmental agreement to use the moneys
26transferred to the Authority from the Fund solely for the

 

 

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1purposes for which the moneys would otherwise be used under
2this Section and to set forth procedures to otherwise
3administer the use of the moneys.
4    (b-1) There is hereby appropriated, on a continuing annual
5basis in each fiscal year, from the Ambulance Revolving Loan
6Fund, the amount, if any, of funds received into the Ambulance
7Revolving Loan Fund to the State Fire Marshal for payment to
8the Authority for the purposes for which the moneys would
9otherwise be used under this Section.
10    (c) A loan for the purchase of ambulances may not exceed
11$100,000 to any fire department, fire protection district, or
12non-profit ambulance service. The repayment period for the loan
13may not exceed 10 years. The fire department, fire protection
14district, or non-profit ambulance service` shall repay each
15year at least 5% of the principal amount borrowed or the
16remaining balance of the loan, whichever is less. All
17repayments of loans shall be deposited into the Ambulance
18Revolving Loan Fund.
19    (d) The Authority and the State Fire Marshal may shall
20adopt rules in accordance with the Illinois Administrative
21Procedure Act to administer the program.
22(Source: P.A. 94-829, eff. 6-5-06.)
 
23    (20 ILCS 3501/825-87 new)
24    Sec. 825-87. Public life safety capital investment finance
25program.

 

 

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1    (a) In addition to the powers set forth in Sections 825-80,
2825-81, and 825-85 of this Act and in furtherance of the
3purposes and programs set forth in those Sections, the
4Authority may use loans and guarantees as authorized in this
5Act to maximize the number of participants in the programs and
6to maximize the efficient use of taxpayer appropriated funds.
7The moneys identified in Sections 825-80, 825-81, and 825-85 of
8this Act shall be used by the Authority only for the express
9purposes described in those Sections.
10    (b) The Authority, after consulting with the State Fire
11Marshal, may determine the financial structure, including but
12not limited to the terms, conditions, collateral, maturity, and
13interest rate, of loans or guarantees authorized by the
14programs under Sections 825-80, 825-81, and 825-85 of this Act.
15    (c) The Authority and the State Fire Marshal may access the
16moneys referenced in Sections 825-80, 825-81, and 825-85 of
17this Act and may fix, determine, charge, and collect fees, in
18connection with the programs under Sections 825-80, 825-81 and
19825-85 of this Act and in furtherance of the purposes set forth
20in this Section.
21    (d) The Authority and the State Fire Marshal may adopt
22rules in accordance with the Illinois Administrative Procedure
23Act to administer the programs under this Section.
 
24    (30 ILCS 105/5.712 rep.)
25    Section 15. The State Finance Act is amended by repealing

 

 

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1Section 5.712.
 
2    Section 20. The Fire Investigation Act is amended by
3changing Section 13.1 as follows:
 
4    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)
5    Sec. 13.1. Fire Prevention Fund.
6    (a) There shall be a special fund in the State Treasury
7known as the Fire Prevention Fund.
8    (b) The following moneys shall be deposited into the Fund:
9        (1) Moneys received by the Department of Insurance
10    under Section 12 of this Act.
11        (2) All fees and reimbursements received by the Office
12    of the State Fire Marshal.
13        (3) All receipts from boiler and pressure vessel
14    certification, as provided in Section 13 of the Boiler and
15    Pressure Vessel Safety Act.
16        (4) Such other moneys as may be provided by law.
17    (c) The moneys in the Fire Prevention Fund shall be used,
18subject to appropriation, for the following purposes:
19        (1) Of the moneys deposited into the fund under Section
20    12 of this Act, 12.5% shall be available for the
21    maintenance of the Illinois Fire Service Institute and the
22    expenses, facilities, and structures incident thereto, and
23    for making transfers into the General Obligation Bond
24    Retirement and Interest Fund for debt service requirements

 

 

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1    on bonds issued by the State of Illinois after January 1,
2    1986 for the purpose of constructing a training facility
3    for use by the Institute. An additional 2.5% of the moneys
4    deposited into the Fire Prevention Fund shall be available
5    to the Illinois Fire Service Institute for support of the
6    Cornerstone Training Program.
7        (2) Of the moneys deposited into the Fund under Section
8    12 of this Act, 10% shall be available for the maintenance
9    of the Chicago Fire Department Training Program and the
10    expenses, facilities and structures incident thereto, in
11    addition to any moneys payable from the Fund to the City of
12    Chicago pursuant to the Illinois Fire Protection Training
13    Act.
14        (3) For making payments to local governmental agencies
15    and individuals pursuant to Section 10 of the Illinois Fire
16    Protection Training Act.
17        (4) For the maintenance and operation of the Office of
18    the State Fire Marshal, and the expenses incident thereto.
19        (4.5) For the maintenance, operation, and capital
20    expenses of the Mutual Aid Box Alarm System (MABAS).
21        (4.6) For grants awarded by the Small Fire-fighting and
22    Ambulance Service Equipment Grant Program established by
23    Section 2.7 of the State Fire Marshal Act.
24        (5) For any other purpose authorized by law.
25    (c-5) As soon as possible after the effective date of this
26amendatory Act of the 95th General Assembly, the Comptroller

 

 

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1shall order the transfer and the Treasurer shall transfer
2$2,000,000 from the Fire Prevention Fund to the Fire Service
3and Small Equipment Fund, $9,000,000 from the Fire Prevention
4Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from
5the Fire Prevention Fund to the Ambulance Revolving Loan Fund.
6Beginning on July 1, 2008, each month, or as soon as practical
7thereafter, an amount equal to $2 from each fine received shall
8be transferred from the Fire Prevention Fund to the Fire
9Service and Small Equipment Fund, an amount equal to $1.50 from
10each fine received shall be transferred from the Fire
11Prevention Fund to the Fire Truck Revolving Loan Fund, and an
12amount equal to $4 from each fine received shall be transferred
13from the Fire Prevention Fund to the Ambulance Revolving Loan
14Fund. These moneys shall be transferred from the moneys
15deposited into the Fire Prevention Fund pursuant to Public Act
1695-154, together with not more than 25% of any unspent
17appropriations from the prior fiscal year. These moneys may be
18allocated to the Fire Truck Revolving Loan Fund, Ambulance
19Revolving Loan Fund, and Fire Service and Small Equipment Fund
20at the discretion of the Office of the State Fire Marshal for
21the purpose of implementation of this Act.
22    (d) Any portion of the Fire Prevention Fund remaining
23unexpended at the end of any fiscal year which is not needed
24for the maintenance and expenses of the Office of the State
25Fire Marshal or the maintenance and expenses of the Illinois
26Fire Service Institute, shall remain in the Fire Prevention

 

 

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1Fund for the exclusive and restricted uses provided in
2subsections (c) and (c-5) of this Section.
3    (e) The Office of the State Fire Marshal shall keep on file
4an itemized statement of all expenses incurred which are
5payable from the Fund, other than expenses incurred by the
6Illinois Fire Service Institute, and shall approve all vouchers
7issued therefor before they are submitted to the State
8Comptroller for payment. Such vouchers shall be allowed and
9paid in the same manner as other claims against the State.
10(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10;
1197-114, eff. 1-1-12.)
 
12    Section 25. The Unified Code of Corrections is amended by
13changing Section 5-9-1.12 as follows:
 
14    (730 ILCS 5/5-9-1.12)
15    Sec. 5-9-1.12. Arson fines.
16    (a) In addition to any other penalty imposed, a fine of
17$500 shall be imposed upon a person convicted of the offense of
18arson, residential arson, or aggravated arson.
19    (b) The additional fine shall be assessed by the court
20imposing sentence and shall be collected by the Circuit Clerk
21in addition to the fine, if any, and costs in the case. Each
22such additional fine shall be remitted by the Circuit Clerk
23within one month after receipt to the State Treasurer for
24deposit into the Fire Prevention Service and Small Equipment

 

 

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1Fund. The Circuit Clerk shall retain 10% of such fine to cover
2the costs incurred in administering and enforcing this Section.
3The additional fine may not be considered a part of the fine
4for purposes of any reduction in the fine for time served
5either before or after sentencing. Arson fines that were
6previously deposited into the Fire Prevention Fund prior to the
7adoption of Public Act 96-400 shall be used according to the
8purposes established in Section 13.1 of the Fire Investigation
9Act.
10    (c) (Blank) The moneys in the Fire Service and Small
11Equipment Fund collected as additional fines under this Section
12shall be distributed by the Office of the State Fire Marshal as
13appropriated and according to the rules set forth and adopted
14under the Emergency Services Response Reimbursement for
15Criminal Convictions Act.
16    (d) (Blank).
17(Source: P.A. 95-331, eff. 8-21-07; 96-400, eff. 8-13-09.)".