Full Text of HB3379 100th General Assembly
HB3379 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3379 Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/Div. 5-5 heading | | 55 ILCS 5/5-5002 new | | 60 ILCS 1/200-20 new | | 65 ILCS 5/11-6-9 new | | 70 ILCS 705/11a-5 new | |
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Amends the Counties Code, the Township Code, the Illinois Municipal Code, and the Fire Protection District Act. Provides that a nongovernmental entity with which a county, township, municipality, or fire protection district contracts to furnish fire protection services that displays a logo of the unit of local government on the entity's vehicles or uniform shall conspicuously display on all vehicles and uniforms a disclosure with specified information. Defines "vehicle". Provides that a violation is a business offense with a $1,000 fine per occurrence. Limits home rule powers. Effective immediately.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB3379 | | LRB100 06094 AWJ 16126 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing the | 5 | | heading of Division 5-5 and by adding Section 5-5002 as | 6 | | follows: | 7 | | (55 ILCS 5/Div. 5-5 heading) | 8 | | Division 5-5. Contracts for Police Protection
| 9 | | and Fire Protection | 10 | | (55 ILCS 5/5-5002 new) | 11 | | Sec. 5-5002. Identification of nongovernmental contracted | 12 | | fire protection services. | 13 | | (a) For purposes of this Section: | 14 | | "Conspicuously display" means to display a disclosure that | 15 | | is at least the same size as and located close to the largest | 16 | | logo referring to the county. | 17 | | "Logo" means a symbol, graphic, seal, emblem, insignia, | 18 | | trade name, brand name, picture, or text identifying a person, | 19 | | firm, corporation, association, or county. | 20 | | "Occurrence" means each vehicle or uniform in violation of | 21 | | this Section that could be viewed by members of the public that | 22 | | fails to display the required disclosure consistent with the |
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| 1 | | provisions of this Section. | 2 | | "Vehicle" means any publicly or privately owned means of | 3 | | transportation that is specifically designed, constructed, or | 4 | | modified and equipped for the primary purpose of responding to | 5 | | fire emergencies, and is intended to be used for and is | 6 | | maintained or operated for the primary purpose of responding to | 7 | | fire emergencies. | 8 | | (b) Any nongovernmental entities that the county board | 9 | | contracts with to furnish fire protection services that display | 10 | | a logo of the county on the entity's vehicle or uniform shall | 11 | | also conspicuously display on all vehicles and uniforms the | 12 | | following disclosure: | 13 | | (1) A statement indicating that the entity is the | 14 | | service provider, contractor, or other appropriate | 15 | | descriptor, with substantially similar language of | 16 | | "SERVICE PROVIDED BY:" or "CONTRACTED BY:"; | 17 | | (2) The name of the contracting person, firm, | 18 | | corporation, or association that is providing the labor or | 19 | | services for the county; | 20 | | (3) The state or federal tax designation of the | 21 | | contracting person, firm, corporation, or association; and | 22 | | (4) The entity's principal place of business as | 23 | | disclosed in the entity's records with the Secretary of | 24 | | State or other similar agency outside of Illinois. | 25 | | If a vehicle or uniform displays more than one logo referring | 26 | | to the county, then the required disclosure shall be placed |
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| 1 | | near the largest logo referring to the county. | 2 | | (c) A person or entity that violates this Section is guilty | 3 | | of a business offense and shall be fined $1,000 per occurrence. | 4 | | The circuit court in the county where a violation occurs shall | 5 | | have jurisdiction to enforce the provisions of this Section. | 6 | | (d) A home rule unit may not regulate in a manner | 7 | | inconsistent with this Section. This Section is a limitation | 8 | | under subsection (i) of Section 6 of Article VII of the | 9 | | Illinois Constitution on the concurrent exercise by home rule | 10 | | units of powers and functions exercised by the State. | 11 | | Section 10. The Township Code is amended by adding Section | 12 | | 200-20 as follows: | 13 | | (60 ILCS 1/200-20 new) | 14 | | Sec. 200-20. Identification of nongovernmental contracted | 15 | | fire protection services. | 16 | | (a) For purposes of this Section: | 17 | | "Conspicuously display" means to display a disclosure that | 18 | | is at least the same size as and located close to the largest | 19 | | logo referring to the township. | 20 | | "Logo" means a symbol, graphic, seal, emblem, insignia, | 21 | | trade name, brand name, picture, or text identifying a person, | 22 | | firm, corporation, association, or township. | 23 | | "Occurrence" means each vehicle or uniform in violation of | 24 | | this Section that could be viewed by members of the public that |
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| 1 | | fails to display the required disclosure consistent with the | 2 | | provisions of this Section. | 3 | | "Vehicle" means any publicly or privately owned means of | 4 | | transportation that is specifically designed, constructed, or | 5 | | modified and equipped for the primary purpose of responding to | 6 | | fire emergencies, and is intended to be used for and is | 7 | | maintained or operated for the primary purpose of responding to | 8 | | fire emergencies. | 9 | | (b) Any nongovernmental entities that the governing body of | 10 | | a township contracts with to furnish fire protection services | 11 | | that display a logo of a township on the entity's vehicle or | 12 | | uniform shall also conspicuously display on all vehicles and | 13 | | uniforms the following disclosure: | 14 | | (1) A statement indicating that the entity is the | 15 | | service provider, contractor, or other appropriate | 16 | | descriptor, with substantially similar language of | 17 | | "SERVICE PROVIDED BY:" or "CONTRACTED BY:"; | 18 | | (2) The name of the contracting person, firm, | 19 | | corporation, or association that is providing the labor or | 20 | | services for the township; | 21 | | (3) The state or federal tax designation of the | 22 | | contracting person, firm, corporation, or association; and | 23 | | (4) The entity's principal place of business as | 24 | | disclosed in the entity's records with the Secretary of | 25 | | State or other similar agency outside of Illinois. | 26 | | If a vehicle or uniform displays more than one logo referring |
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| 1 | | to the township, then the required disclosure shall be placed | 2 | | near the largest logo referring to the township. | 3 | | (c) A person or entity that violates this Section is guilty | 4 | | of a business offense and shall be fined $1,000 per occurrence. | 5 | | The circuit court in the county where a violation occurs shall | 6 | | have jurisdiction to enforce the provisions of this Section. | 7 | | (d) A home rule unit may not regulate in a manner | 8 | | inconsistent with this Section. This Section is a limitation | 9 | | under subsection (i) of Section 6 of Article VII of the | 10 | | Illinois Constitution on the concurrent exercise by home rule | 11 | | units of powers and functions exercised by the State. | 12 | | Section 15. The Illinois Municipal Code is amended by | 13 | | adding Section 11-6-9 as follows: | 14 | | (65 ILCS 5/11-6-9 new) | 15 | | Sec. 11-6-9. Identification of nongovernmental contracted | 16 | | fire protection services. | 17 | | (a) For purposes of this Section: | 18 | | "Conspicuously display" means to display a disclosure that | 19 | | is at least the same size as and located close to the largest | 20 | | logo referring to the municipality. | 21 | | "Logo" means a symbol, graphic, seal, emblem, insignia, | 22 | | trade name, brand name, picture, or text identifying a person, | 23 | | firm, corporation, association, or municipality. | 24 | | "Occurrence" means each vehicle or uniform in violation of |
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| 1 | | this Section that could be viewed by members of the public that | 2 | | fails to display the required disclosure consistent with the | 3 | | provisions of this Section. | 4 | | "Vehicle" means any publicly or privately owned means of | 5 | | transportation that is specifically designed, constructed, or | 6 | | modified and equipped for the primary purpose of responding to | 7 | | fire emergencies, and is intended to be used for and is | 8 | | maintained or operated for the primary purpose of responding to | 9 | | fire emergencies. | 10 | | (b) Any nongovernmental entities that the corporate | 11 | | authorities of any municipality contracts with to furnish fire | 12 | | protection services that display a logo of a municipality on | 13 | | the entity's vehicle or uniform shall also conspicuously | 14 | | display on all vehicles and uniforms the following disclosure: | 15 | | (1) A statement indicating that the entity is the | 16 | | service provider, contractor, or other appropriate | 17 | | descriptor, with substantially similar language of | 18 | | "SERVICE PROVIDED BY:" or "CONTRACTED BY:"; | 19 | | (2) The name of the contracting person, firm, | 20 | | corporation, or association that is providing the labor or | 21 | | services for the municipality; | 22 | | (3) The state or federal tax designation of the | 23 | | contracting person, firm, corporation, or association; and | 24 | | (4) The entity's principal place of business as | 25 | | disclosed in the entity's records with the Secretary of | 26 | | State or other similar agency outside of Illinois. |
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| 1 | | If a vehicle or uniform displays more than one logo referring | 2 | | to the municipality, then the required disclosure shall be | 3 | | placed near the largest logo referring to the municipality. | 4 | | (c) A person or entity that violates this Section is guilty | 5 | | of a business offense and shall be fined $1,000 per occurrence. | 6 | | The circuit court in the county where a violation occurs shall | 7 | | have jurisdiction to enforce the provisions of this Section. | 8 | | (d) A home rule unit may not regulate in a manner | 9 | | inconsistent with this Section. This Section is a limitation | 10 | | under subsection (i) of Section 6 of Article VII of the | 11 | | Illinois Constitution on the concurrent exercise by home rule | 12 | | units of powers and functions exercised by the State. | 13 | | Section 20. The Fire Protection District Act is amended by | 14 | | adding Section 11a-5 as follows: | 15 | | (70 ILCS 705/11a-5 new) | 16 | | Sec. 11a-5. Identification of nongovernmental contracted | 17 | | fire protection services. | 18 | | (a) For purposes of this Section: | 19 | | "Conspicuously display" means to display a disclosure that | 20 | | is at least the same size as and located close to the largest | 21 | | logo referring to the district. | 22 | | "Logo" means a symbol, graphic, seal, emblem, insignia, | 23 | | trade name, brand name, picture, or text identifying a person, | 24 | | firm, corporation, association, or district. |
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| 1 | | "Occurrence" means each vehicle or uniform in violation of | 2 | | this Section that could be viewed by members of the public that | 3 | | fails to display the required disclosure consistent with the | 4 | | provisions of this Section. | 5 | | "Vehicle" means any publicly or privately owned means of | 6 | | transportation that is specifically designed, constructed, or | 7 | | modified and equipped for the primary purpose of responding to | 8 | | fire emergencies, and is intended to be used for and is | 9 | | maintained or operated for the primary purpose of responding to | 10 | | fire emergencies. | 11 | | (b) Any nongovernmental entities that the Board of Trustees | 12 | | contracts with to furnish fire protection services pursuant to | 13 | | Section 11a that display a logo of a district on the entity's | 14 | | vehicle or uniform shall also conspicuously display on all | 15 | | vehicles and uniforms the following disclosure: | 16 | | (1) A statement indicating that the entity is the | 17 | | service provider, contractor, or other appropriate | 18 | | descriptor, with substantially similar language of | 19 | | "SERVICE PROVIDED BY:" or "CONTRACTED BY:"; | 20 | | (2) The name of the contracting person, firm, | 21 | | corporation, or association that is providing the labor or | 22 | | services for the district; | 23 | | (3) The state or federal tax designation of the | 24 | | contracting person, firm, corporation, or association; and | 25 | | (4) The entity's principal place of business as | 26 | | disclosed in the entity's records with the Secretary of |
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| 1 | | State or other similar agency outside of Illinois. | 2 | | If a vehicle or uniform displays more than one logo referring | 3 | | to the district, then the required disclosure shall be placed | 4 | | near the largest logo referring to the district. | 5 | | (c) A person or entity that violates this Section is guilty | 6 | | of a business offense and shall be fined $1,000 per occurrence. | 7 | | The circuit court in the county where a violation occurs shall | 8 | | have jurisdiction to enforce the provisions of this Section. | 9 | | (d) A home rule unit may not regulate in a manner | 10 | | inconsistent with this Section. This Section is a limitation | 11 | | under subsection (i) of Section 6 of Article VII of the | 12 | | Illinois Constitution on the concurrent exercise by home rule | 13 | | units of powers and functions exercised by the State.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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