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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Fire Marshal Act is amended by | 5 | | changing Section 2.7 as follows: | 6 | | (20 ILCS 2905/2.7) | 7 | | Sec. 2.7. Small Fire-fighting and Ambulance Service | 8 | | Equipment Grant Program. | 9 | | (a) The Office shall establish and administer a Small | 10 | | Fire-fighting and Ambulance Service Equipment Grant Program to | 11 | | award grants to fire departments, fire protection districts, | 12 | | and volunteer, non-profit, stand alone ambulance services for | 13 | | the purchase of small fire-fighting and ambulance equipment. | 14 | | (b) (Blank). The Fire Service and Small Equipment Fund is | 15 | | created as a special fund in the State treasury. From | 16 | | appropriations, the Office may expend moneys from the Fund for |
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| 1 | | the grant program under subsection (a) of this Section. Moneys | 2 | | received for the purposes of this Section, including, without | 3 | | limitation, proceeds deposited under the Fire Investigation | 4 | | Act and gifts, grants, and awards from any public or private | 5 | | entity must be deposited into the Fund. Any interest earned on | 6 | | moneys in the Fund must be deposited into the Fund. | 7 | | (b-1) The Fire Service and Small Equipment Fund is | 8 | | dissolved. Any moneys remaining in the Fund on the effective | 9 | | date of this amendatory Act of the 97th General Assembly shall | 10 | | be transferred to the Fire Prevention Fund. | 11 | | (c) As used in this Section, "small fire-fighting and | 12 | | ambulance equipment" includes, without limitation, turnout | 13 | | gear, air packs, thermal imaging cameras, jaws of life, | 14 | | defibrillators, communications equipment, including but not | 15 | | limited to pagers and radios, and other fire-fighting or life | 16 | | saving equipment, as determined by the State Fire Marshal. | 17 | | (d) The Office shall adopt any rules necessary for the | 18 | | implementation 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 | 21 | | by changing Sections 825-80, 825-81, and 825-85 and by adding | 22 | | Section 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 | 2 | | fire truck revolving loan program enacted as Section 3-27 of | 3 | | the Rural Bond Bank Act by Public Act 93-35, effective June 24, | 4 | | 2003, and repealed by Public Act 93-205, effective January 1, | 5 | | 2004. Under the Rural Bond Bank Act, the program was | 6 | | administered by the Rural Bond Bank and the State Fire Marshal. | 7 | | (b) The Authority and the State Fire Marshal may shall | 8 | | jointly administer a fire truck revolving loan program. The | 9 | | program shall , in instances where sufficient loan funds exist | 10 | | to permit applications to be accepted, provide financial | 11 | | support, including zero-interest and low-interest loans , for | 12 | | the purchase of fire trucks by a fire department, a fire | 13 | | protection district, or a township fire department. The | 14 | | Authority shall provide support make loans based on need, as | 15 | | determined by the State Fire Marshal. | 16 | | (c) The loan funds, subject to appropriation, shall be paid | 17 | | out of the Fire Truck Revolving Loan Fund, a special fund in | 18 | | the State Treasury. The Fund shall consist of any moneys | 19 | | transferred or appropriated into the Fund, as well as all | 20 | | repayments of loans made under the program and any balance | 21 | | existing in the Fund on the effective date of this Section. The | 22 | | Fund shall be used for loans to fire departments and fire | 23 | | protection districts to purchase fire trucks and for no other | 24 | | purpose. All interest earned on moneys in the Fund shall be | 25 | | deposited into the Fund. As soon as practical after the | 26 | | effective date of this amendatory Act of the 97th General |
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| 1 | | Assembly, all moneys in the Fire Truck Revolving Loan Fund | 2 | | shall be paid by the State Fire Marshal to the Authority, and, | 3 | | on and after the effective date of this amendatory Act of the | 4 | | 97th General Assembly, all future moneys deposited into the | 5 | | Fire Truck Revolving Loan Fund under this Section shall be paid | 6 | | by the State Fire Marshal to the Authority under the continuing | 7 | | appropriation provision of subsection (c-1) of this Section; | 8 | | provided that the Authority and the State Fire Marshal enter | 9 | | into an intergovernmental agreement to use the moneys | 10 | | transferred to the Authority from the Fund solely for the | 11 | | purposes for which the moneys would otherwise be used under | 12 | | this Section and to set forth procedures to otherwise | 13 | | administer the use of the moneys. | 14 | | (c-1) There is hereby appropriated, on a continuing annual | 15 | | basis in each fiscal year, from the Fire Truck Revolving Loan | 16 | | Fund, the amount, if any, of funds received into the Fire Truck | 17 | | Revolving Loan Fund to the State Fire Marshal for payment to | 18 | | the Authority for the purposes for which the moneys would | 19 | | otherwise 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. | 22 | | The repayment period for the loan may not exceed 20 years. The | 23 | | fire department or fire protection district shall repay each | 24 | | year at least 5% of the principal amount borrowed or the | 25 | | remaining balance of the loan, whichever is less. All | 26 | | repayments of loans shall be deposited into the Fire Truck |
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| 1 | | Revolving Loan Fund. | 2 | | (e) The Authority and the State Fire Marshal may shall | 3 | | adopt rules in accordance with the Illinois Administrative | 4 | | Procedure Act to administer the program.
| 5 | | (f) Notwithstanding the repeal of Section 3-27 of the Rural | 6 | | Bond Bank Act, all otherwise lawful actions taken on or after | 7 | | January 1, 2004 and before the effective date of this Section | 8 | | by any person under the authority originally granted by that | 9 | | Section 3-27, including without limitation the granting, | 10 | | acceptance, and repayment of loans for the purchase of fire | 11 | | trucks, are hereby validated, and the rights and obligations of | 12 | | all parties to any such loan are hereby acknowledged and | 13 | | confirmed.
| 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 | 18 | | administer a fire station revolving loan program. The program | 19 | | shall, in instances where sufficient loan funds exist to permit | 20 | | applications to be accepted, may provide financial support, | 21 | | including zero-interest and low-interest loans , for the | 22 | | construction, rehabilitation, remodeling, or expansion of a | 23 | | fire station or the acquisition of land for the construction or | 24 | | expansion of a fire station by a fire department, a fire | 25 | | protection district, or a township fire department. Once the |
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| 1 | | program receives funding, the Authority shall provide support | 2 | | make loans based on need, as determined by the State Fire | 3 | | Marshal. | 4 | | (b) The loan funds, subject to appropriation, may be paid | 5 | | out of the Fire Station Revolving Loan Fund, a special fund in | 6 | | the State treasury. The Fund may consist of any moneys | 7 | | transferred or appropriated into the Fund, as well as all | 8 | | repayments of loans made under the program. Once the program | 9 | | receives funding, the Fund may be used for loans to fire | 10 | | departments and fire protection districts to construct, | 11 | | rehabilitate, remodel, or expand fire stations or acquire land | 12 | | for the construction or expansion of fire stations and for no | 13 | | other purpose. All interest earned on moneys in the Fund shall | 14 | | be deposited into the Fund. As soon as practical after the | 15 | | effective date of this amendatory Act of the 97th General | 16 | | Assembly, all moneys in the Fire Station Revolving Loan Fund | 17 | | shall be paid by the State Fire Marshal to the Authority, and, | 18 | | on and after the effective date of this amendatory Act of the | 19 | | 97th General Assembly, all future moneys deposited into the | 20 | | Fire Station Revolving Loan Fund under this Section shall be | 21 | | paid by the State Fire Marshal to the Authority under the | 22 | | continuing appropriation provision of subsection (b-1) of this | 23 | | Section; provided that the Authority and the State Fire Marshal | 24 | | enter into an intergovernmental agreement to use the moneys | 25 | | paid by the State Fire Marshal to the Authority from the Fund | 26 | | solely for the purposes for which the moneys would otherwise be |
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| 1 | | used under this Section and to set forth procedures to | 2 | | otherwise administer the use of the moneys. | 3 | | (b-1) There is hereby appropriated, on a continuing annual | 4 | | basis in each fiscal year, from the Fire Station Revolving Loan | 5 | | Fund, the amount, if any, of funds received into the Fire | 6 | | Station Revolving Loan Fund to the State Fire Marshal for | 7 | | payment to the Authority for the purposes for which the moneys | 8 | | would otherwise be used under this Section. | 9 | | (c) A loan under the program may not exceed $2,000,000 to | 10 | | any fire department or fire protection district. The repayment | 11 | | period for the loan may not exceed 25 years. The fire | 12 | | department or fire protection district shall repay each year at | 13 | | least 4% of the principal amount borrowed or the remaining | 14 | | balance of the loan, whichever is less. All repayments of loans | 15 | | shall be deposited into the Fire Station Revolving Loan Fund. | 16 | | (d) The Authority and the State Fire Marshal may adopt | 17 | | rules in accordance with the Illinois Administrative Procedure | 18 | | Act 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 | 23 | | jointly administer an ambulance revolving loan program. The | 24 | | program shall , in instances where sufficient loan funds exist | 25 | | to permit applications to be accepted, provide financial |
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| 1 | | support, including zero-interest and low-interest loans , for | 2 | | the purchase of ambulances by a fire department, a fire | 3 | | protection district, a township fire department, or a | 4 | | non-profit ambulance service. The Authority shall provide | 5 | | support make loans based on need, as determined by the State | 6 | | Fire Marshal. | 7 | | (b) The loan funds, subject to appropriation, shall be paid | 8 | | out of the Ambulance Revolving Loan Fund, a special fund in the | 9 | | State treasury. The Fund shall consist of any moneys | 10 | | transferred or appropriated into the Fund, as well as all | 11 | | repayments of loans made under the program. The Fund shall be | 12 | | used for loans to fire departments, fire protection districts, | 13 | | and non-profit ambulance services to purchase ambulances and | 14 | | for no other purpose. All interest earned on moneys in the Fund | 15 | | shall be deposited into the Fund. As soon as practical after | 16 | | the effective date of this amendatory Act of the 97th General | 17 | | Assembly, all moneys in the Ambulance Revolving Loan Fund shall | 18 | | be paid by the State Fire Marshal to the Authority, and, on and | 19 | | after the effective date of this amendatory Act of the 97th | 20 | | General Assembly, all future moneys deposited into the | 21 | | Ambulance Revolving Loan Fund under this Section shall be paid | 22 | | by the State Fire Marshal to the Authority under the continuing | 23 | | appropriation provision of subsection (b-1) of this Section; | 24 | | provided that the Authority and the State Fire Marshal enter | 25 | | into an intergovernmental agreement to use the moneys | 26 | | transferred to the Authority from the Fund solely for the |
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| 1 | | purposes for which the moneys would otherwise be used under | 2 | | this Section and to set forth procedures to otherwise | 3 | | administer the use of the moneys. | 4 | | (b-1) There is hereby appropriated, on a continuing annual | 5 | | basis in each fiscal year, from the Ambulance Revolving Loan | 6 | | Fund, the amount, if any, of funds received into the Ambulance | 7 | | Revolving Loan Fund to the State Fire Marshal for payment to | 8 | | the Authority for the purposes for which the moneys would | 9 | | otherwise 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 | 12 | | non-profit ambulance service. The repayment period for the loan | 13 | | may not exceed 10 years. The fire department, fire protection | 14 | | district, or non-profit ambulance service` shall repay each | 15 | | year at least 5% of the principal amount borrowed or the | 16 | | remaining balance of the loan, whichever is less. All | 17 | | repayments of loans shall be deposited into the Ambulance | 18 | | Revolving Loan Fund. | 19 | | (d) The Authority and the State Fire Marshal may shall | 20 | | adopt rules in accordance with the Illinois Administrative | 21 | | Procedure 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 | 25 | | program. |
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| 1 | | (a) In addition to the powers set forth in Sections 825-80, | 2 | | 825-81, and 825-85 of this Act and in furtherance of the | 3 | | purposes and programs set forth in those Sections, the | 4 | | Authority may use loans and guarantees as authorized in this | 5 | | Act to maximize the number of participants in the programs and | 6 | | to maximize the efficient use of taxpayer appropriated funds. | 7 | | The moneys identified in Sections 825-80, 825-81, and 825-85 of | 8 | | this Act shall be used by the Authority only for the express | 9 | | purposes described in those Sections. | 10 | | (b) The Authority, after consulting with the State Fire | 11 | | Marshal, may determine the financial structure, including but | 12 | | not limited to the terms, conditions, collateral, maturity, and | 13 | | interest rate, of loans or guarantees authorized by the | 14 | | programs under Sections 825-80, 825-81, and 825-85 of this Act. | 15 | | (c) The Authority and the State Fire Marshal may access the | 16 | | moneys referenced in Sections 825-80, 825-81, and 825-85 of | 17 | | this Act and may fix, determine, charge, and collect fees, in | 18 | | connection with the programs under Sections 825-80, 825-81 and | 19 | | 825-85 of this Act and in furtherance of the purposes set forth | 20 | | in this Section. | 21 | | (d) The Authority and the State Fire Marshal may adopt | 22 | | rules in accordance with the Illinois Administrative Procedure | 23 | | Act 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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| 1 | | Section 5.712. | 2 | | Section 20. The Fire Investigation Act is amended by | 3 | | changing 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
| 7 | | known 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, | 18 | | subject 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 | 26 | | amendatory Act of the 95th General Assembly, the Comptroller |
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| 1 | | shall order the transfer and the Treasurer shall transfer | 2 | | $2,000,000 from the Fire Prevention Fund to the Fire Service | 3 | | and Small Equipment Fund, $9,000,000 from the Fire Prevention | 4 | | Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from | 5 | | the Fire Prevention Fund to the Ambulance Revolving Loan Fund. | 6 | | Beginning on July 1, 2008, each month, or as soon as practical | 7 | | thereafter, an amount equal to $2 from each fine received shall | 8 | | be transferred from the Fire Prevention Fund to the Fire | 9 | | Service and Small Equipment Fund, an amount equal to $1.50 from | 10 | | each fine received shall be transferred from the Fire | 11 | | Prevention Fund to the Fire Truck Revolving Loan Fund, and an | 12 | | amount equal to $4 from each fine received shall be transferred | 13 | | from the Fire Prevention Fund to the Ambulance Revolving Loan | 14 | | Fund. These moneys shall be transferred from the moneys | 15 | | deposited into the Fire Prevention Fund pursuant to Public Act | 16 | | 95-154, together with not more than 25% of any unspent | 17 | | appropriations from the prior fiscal year. These moneys may be | 18 | | allocated to the Fire Truck Revolving Loan Fund, Ambulance | 19 | | Revolving Loan Fund, and Fire Service and Small Equipment Fund | 20 | | at the discretion of the Office of the State Fire Marshal for | 21 | | the purpose of implementation of this Act.
| 22 | | (d) Any portion of the Fire Prevention Fund remaining | 23 | | unexpended at the
end of any fiscal year which is not needed | 24 | | for the maintenance and expenses of the
Office of the State | 25 | | Fire Marshal or the maintenance and expenses of the
Illinois | 26 | | Fire Service Institute, shall remain in the Fire Prevention |
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| 1 | | Fund for the exclusive and restricted uses provided in | 2 | | subsections
(c) and (c-5) of this Section.
| 3 | | (e) The Office of the State Fire Marshal shall keep on file | 4 | | an itemized
statement of all expenses incurred which are | 5 | | payable from the Fund, other
than expenses incurred by the | 6 | | Illinois Fire Service Institute, and shall
approve all vouchers | 7 | | issued therefor before they are submitted to the State
| 8 | | Comptroller for payment. Such vouchers shall be allowed and | 9 | | paid 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; | 11 | | 97-114, eff. 1-1-12.)
| 12 | | Section 25. The Unified Code of Corrections is amended by | 13 | | changing 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 | 18 | | arson, residential arson,
or aggravated arson.
| 19 | | (b) The additional fine shall be assessed by the court | 20 | | imposing
sentence and shall be collected by the Circuit Clerk | 21 | | in addition to the
fine, if any, and costs in the case. Each | 22 | | such additional fine shall
be remitted by the Circuit Clerk | 23 | | within one month after receipt to the
State Treasurer for | 24 | | deposit into the Fire Prevention Service and Small Equipment |
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| 1 | | Fund. The Circuit
Clerk shall retain 10% of such fine to cover | 2 | | the costs incurred in
administering and enforcing this Section. | 3 | | The additional fine may not be
considered a part of the fine | 4 | | for purposes of any reduction in the fine for
time served | 5 | | either before or after sentencing. Arson fines that were | 6 | | previously deposited into the Fire Prevention Fund prior to the | 7 | | adoption of Public Act 96-400 shall be used according to the | 8 | | purposes established in Section 13.1 of the Fire Investigation | 9 | | Act.
| 10 | | (c) (Blank) The moneys in the Fire Service and Small | 11 | | Equipment Fund collected as additional
fines under this Section | 12 | | shall be distributed by the Office of the State Fire
Marshal as | 13 | | appropriated and according to the rules set forth and adopted | 14 | | under the Emergency Services Response Reimbursement for | 15 | | Criminal Convictions Act .
| 16 | | (d) (Blank).
| 17 | | (Source: P.A. 95-331, eff. 8-21-07; 96-400, eff. 8-13-09.)".
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