Full Text of HB0105 101st General Assembly
HB0105ham001 101ST GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 3/12/2019
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| 1 | | AMENDMENT TO HOUSE BILL 105
| 2 | | AMENDMENT NO. ______. Amend House Bill 105 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fire Investigation Act is amended by | 5 | | changing Sections 6, 6.1, 7, 8, 9, 9a, 9b, 9e, 9f, 12, 13, and | 6 | | 13.1 and by adding Sections 3, 8a, and 9g as follows: | 7 | | (425 ILCS 25/3 new) | 8 | | Sec. 3. Definitions. In this Act: | 9 | | "Chief of the fire department" means the senior fire | 10 | | officer of a municipal fire department, volunteer fire | 11 | | department, or fire protection district. | 12 | | "Local authority having jurisdiction" means a unit of local | 13 | | government or fire protection district located within the | 14 | | State. | 15 | | "Local fire prevention and life safety standards" means the | 16 | | fire prevention and life safety standards adopted by a local |
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| 1 | | authority having jurisdiction. | 2 | | "Local officers" means the officers responsible for fire | 3 | | and building code enforcement within their unit of local | 4 | | government or fire protection district. | 5 | | "Notice" means a notice of violation issued to an owner, | 6 | | occupant, or other person interested in a premises that | 7 | | identifies violations of the fire prevention and life safety | 8 | | rules adopted by the Office. | 9 | | "Office" means the Office of the Illinois State Fire | 10 | | Marshal and its officers, investigators, inspectors, and | 11 | | administrative employees. | 12 | | "Order" means an administrative order issued to an owner, | 13 | | occupant, or other person interested in a premises that directs | 14 | | immediate compliance with the fire prevention and life safety | 15 | | rules adopted by the Office. | 16 | | "Owner, occupant, or other person interested in the | 17 | | premises" means the owner, occupant, or other person with a | 18 | | legal interest in any building, structure, or the real property | 19 | | upon which the building or structure is situated. | 20 | | "Premises" means any building or structure or the real | 21 | | property upon which the building or structure is situated. | 22 | | "State Fire Marshal" means the Illinois State Fire Marshal | 23 | | or his or her designee.
| 24 | | (425 ILCS 25/6) (from Ch. 127 1/2, par. 6)
| 25 | | Sec. 6. Investigation and record of fires; Office of the |
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| 1 | | State Fire Marshal. | 2 | | (a) The chief of the fire department of every municipality | 3 | | in
which a fire department is established and the
fire chief of | 4 | | every legally organized fire protection district shall
| 5 | | investigate the cause, origin and circumstances of every fire | 6 | | occurring
in a such municipality or fire protection district, | 7 | | or in any area or on
any property which is furnished fire | 8 | | protection by the fire department of
such municipality or fire | 9 | | protection district, by
which property has been destroyed or | 10 | | damaged, and shall especially make
investigation as to whether | 11 | | such fire was the result of carelessness or
design. Such | 12 | | investigation shall be begun within two days, not including
| 13 | | Sunday, of the occurrence of such fire, and the Office of the | 14 | | State Fire
Marshal shall have the right to supervise and direct | 15 | | such investigation
whenever it deems it expedient or necessary. | 16 | | The officer making
investigation of fires occurring in cities, | 17 | | villages, towns, fire
protection districts or townships shall | 18 | | forthwith notify the Office of
the State Fire Marshal and shall | 19 | | by the 15th of the month following
the occurrence of
the fire, | 20 | | furnish to the Office a statement of all facts
relating to the | 21 | | cause and origin of the fire, and such other information
as may | 22 | | be called for in a format approved or on forms
provided by the | 23 | | Office. | 24 | | (b) In every case in which a fire is determined to be
a
| 25 | | contributing factor in a death, the coroner of the county where | 26 | | the death occurred shall report the death to the
Office of the |
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| 1 | | State Fire Marshal as provided in Section 3-3013 of the | 2 | | Counties Code. | 3 | | (c) The Office of
the State Fire Marshal shall keep a | 4 | | record of all fires occurring in the
State, together with all | 5 | | facts, statistics and circumstances, including
the origin of | 6 | | the fires, which may be determined by the investigations
| 7 | | provided by this act; such record shall at all times be open to | 8 | | the
public inspection, and such portions of it as the State | 9 | | Director of
Insurance may deem necessary shall be transcribed | 10 | | and forwarded to him
within fifteen days from the first of | 11 | | January of each year. | 12 | | (d) In addition to the reporting of fires, the chief of the | 13 | | fire department shall furnish to the Office such other | 14 | | information as the State Fire Marshal deems of importance to | 15 | | the fire services.
| 16 | | (Source: P.A. 95-224, eff. 1-1-08; 96-1059, eff. 7-14-10.)
| 17 | | (425 ILCS 25/6.1) | 18 | | Sec. 6.1. Fire and hazardous material incident reporting | 19 | | rules Rules . The State Fire Marshal may adopt necessary rules | 20 | | for the administration of the reporting of fires, hazardous | 21 | | material incidents, and other incidents or events that the | 22 | | State Fire Marshal deems of importance to the fire services. | 23 | | The reporting of such information shall be based upon the | 24 | | nationally recognized standards of the United States Fire | 25 | | Administration's National Fire fire Incident Reporting System |
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| 1 | | ( NFIRS NIFRS ).
| 2 | | (Source: P.A. 95-224, eff. 1-1-08.)
| 3 | | (425 ILCS 25/7) (from Ch. 127 1/2, par. 7)
| 4 | | Sec. 7. Arson investigations; arrests; prosecution. The | 5 | | Office of the State Fire Marshal shall, when in its opinion
| 6 | | further investigation is necessary, take or cause to be taken | 7 | | the
testimony on oath of all persons supposed to be cognizant | 8 | | of any facts
or to have means of knowledge in relation to the | 9 | | matter as to which an
examination is herein required to be | 10 | | made, and shall cause the same to
be reduced to writing; and if | 11 | | it shall be of the opinion that there is
evidence sufficient to | 12 | | charge any person with the crime of arson, or
with the attempt | 13 | | to commit the crime of arson, or of conspiracy to
defraud, or | 14 | | criminal conduct in connection with such fire, it shall
cause | 15 | | such person to be arrested and charged with such offense or | 16 | | either
of them, and shall furnish to the proper prosecuting | 17 | | attorney all such
evidence, together with the names of | 18 | | witnesses and all of the
information obtained by it, including | 19 | | a copy of all pertinent and
material testimony taken in the | 20 | | case.
| 21 | | (Source: P.A. 80-147.)
| 22 | | (425 ILCS 25/8) (from Ch. 127 1/2, par. 8)
| 23 | | Sec. 8. Summons, oaths, and affirmations. The Office of the | 24 | | State Fire Marshal shall have power in any
county in the State |
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| 1 | | of Illinois to summon and compel the attendance of
witnesses | 2 | | before it to testify in relation to any matter which is by the
| 3 | | provision of this Act a subject of inquiry and investigation, | 4 | | and may
require the production of any book, paper or other | 5 | | document it deems
pertinent thereto, and it may require the | 6 | | prompt disclosure of the
beneficiaries of any trust by the | 7 | | trustee, the disclosure by any named
beneficiary of a trust of | 8 | | all persons who have any direct or indirect
interest in the | 9 | | trust or who derive any direct or indirect benefit
therefrom, | 10 | | the disclosure of a principal by his nominee, and the
| 11 | | disclosure by a corporation of each person who holds 5% or more | 12 | | of the
shares of stock of the corporation. The Office is hereby | 13 | | authorized
and empowered to administer oaths and affirmations | 14 | | to any persons
appearing as witnesses before it, and false | 15 | | swearing in any manner or
proceeding aforesaid is perjury and | 16 | | shall be punished as such. Any
witness who refuses to be sworn, | 17 | | or who refuses to testify, or disclose
any information sought | 18 | | by the Office to which it is entitled, or who
disobeys any | 19 | | lawful order of the Office, or who fails or refuses to
produce | 20 | | any book, paper or other document touching any matter under
| 21 | | examination, or who is guilty of any contemptuous conduct after | 22 | | being
summoned to appear before the Office to give testimony in | 23 | | relation
to any matter or subject under investigation as | 24 | | aforesaid, is guilty of
a Class A misdemeanor and it shall be | 25 | | the duty of the State
Fire Marshal to make
complaint against | 26 | | the person or persons so refusing to comply with the
summons or |
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| 1 | | order of the State Fire Marshal, before the
circuit court in | 2 | | the
county in which the investigation is being had, and upon | 3 | | the filing of
such complaint, such cause shall proceed in the | 4 | | same manner as other
criminal cases. The Office of the State | 5 | | Fire Marshal shall have the
authority at all times of day or | 6 | | night in the performance of the duties
imposed by the | 7 | | provisions of this Act, to enter upon and examine any
building | 8 | | or premises where any fire has occurred and other buildings and
| 9 | | premises adjoining or near the same. All investigations held by | 10 | | or
under the direction of the Office of the State Fire Marshal | 11 | | may, in its
discretion, be private, and persons other than | 12 | | those required to be
present by the provisions of this Act, may | 13 | | be excluded from the place
where such investigation is held, | 14 | | and witnesses may be kept separate and
apart from each other | 15 | | and not allowed to communicate with each other
until they have | 16 | | been examined.
| 17 | | (Source: P.A. 80-147 .)
| 18 | | (425 ILCS 25/8a new) | 19 | | Sec. 8a. Right of entry; examination of witnesses. The | 20 | | Office shall have the authority at all times of day or night in | 21 | | the performance of the duties imposed by the provisions of this | 22 | | Act, to enter upon and examine any building or premises where | 23 | | any fire has occurred and other buildings and premises | 24 | | adjoining or near the same. All investigations held by or under | 25 | | the direction of the Office may, in its discretion, be private, |
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| 1 | | and persons other than those required to be present by the | 2 | | provisions of this Act, may be excluded from the place where | 3 | | such investigation is held, and witnesses may be kept separate | 4 | | and apart from each other and not allowed to communicate with | 5 | | each other until they have been examined.
| 6 | | (425 ILCS 25/9) (from Ch. 127 1/2, par. 9)
| 7 | | Sec. 9. Inspections, duties, rules, and enforcement. No | 8 | | person, being the owner, occupant , or other person interested | 9 | | in the premises lessee of any
building or other structure which | 10 | | is so occupied or so situated as to
endanger persons or | 11 | | property, shall permit such building or structure by
reason of | 12 | | faulty construction, age, lack of proper repair, or any other
| 13 | | cause to become especially liable to fire, or to become liable | 14 | | to cause
injury or damage by collapsing or otherwise. No | 15 | | person, being the
owner, occupant , or other person interested | 16 | | in the premises lessee of any building, or structure , shall | 17 | | keep or
maintain or allow to be kept or maintained on such | 18 | | premises, combustible
or explosive material or flammable | 19 | | inflammable conditions, which endanger the
safety of said | 20 | | buildings or premises.
| 21 | | The Office of the State Fire Marshal shall adopt and | 22 | | promulgate such
reasonable fire prevention and life safety | 23 | | rules as may be necessary to protect the public from the
| 24 | | dangers specified in the preceding paragraph. Such rules shall | 25 | | require
the installation, inspection or maintenance of |
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| 1 | | necessary fire
extinguishers, fire suppression systems, | 2 | | chemical fire suppression
systems and fire alarm and protection
| 3 | | devices. A copy of any rule adopted by the Office under this | 4 | | Act that is , certified by the State Fire Marshal
shall be | 5 | | received in evidence in all courts of this State
with the same | 6 | | effect as the original.
| 7 | | Subject to Section 9g, all All local officers charged with | 8 | | the duty of investigating fires or conducting fire prevention | 9 | | and life safety inspections shall
enforce such rules, under the | 10 | | direction of the Office of the State Fire
Marshal , except in | 11 | | those localities which have adopted fire
prevention and life | 12 | | safety standards that have been determined by the Office to be | 13 | | equal to or higher than such rules
adopted by the Office of the | 14 | | State Fire Marshal .
| 15 | | Subject to Section 9g, the The Office of the State Fire | 16 | | Marshal , and the officers of cities,
villages, towns , | 17 | | townships, municipalities, and fire protection districts by | 18 | | this Act, charged with
the duty of investigating fires or | 19 | | conducting fire prevention and life safety inspections under | 20 | | this Act fire , shall, under the direction of the
Office of the | 21 | | State Fire Marshal , inspect and examine at reasonable hours,
| 22 | | any premises, and the buildings and other structures thereon, | 23 | | and if,
such dangerous condition or fire hazard is found to | 24 | | exist contrary to
the rules herein referred to, or if a | 25 | | dangerous condition or fire hazard
is found to exist as | 26 | | specified in the first paragraph of this Section,
and the rules |
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| 1 | | herein referred to are not applicable to such dangerous
| 2 | | condition or fire hazard, shall identify order the dangerous | 3 | | condition removed or
remedied , and shall so notify the owner, | 4 | | occupant , or other person
interested in the premises. Service | 5 | | of the notice upon the owner,
occupant , or other person | 6 | | interested in the premises interested person shall be in | 7 | | person , by electric transmission, or by registered
or certified | 8 | | mail. If no corrective action is taken by the owner, occupant, | 9 | | or other person interested in the premises to remove or remedy | 10 | | the dangerous condition or fire hazard within a reasonable | 11 | | time, as determined by the Office or the local authority having | 12 | | jurisdiction, an order shall be served upon the owner, | 13 | | occupant, or other person interested in the premises directing | 14 | | that the dangerous condition be removed or remedied | 15 | | immediately. Service of the order upon the owner, occupant, or | 16 | | other person interested in the premises shall be in person, by | 17 | | electronic transmission, or by registered or certified mail.
| 18 | | The amendatory Act of 1975 is not a limit on any home rule | 19 | | unit.
| 20 | | (Source: P.A. 85-1434 .)
| 21 | | (425 ILCS 25/9a) (from Ch. 127 1/2, par. 10)
| 22 | | Sec. 9a. Appeals and hearings. The owner , occupant, or | 23 | | other person interested in such building or
premises, within 10 | 24 | | days after receiving an order from the Office such notice , may | 25 | | appeal the order in writing from
orders of
deputies of the |
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| 1 | | Office of the State Fire Marshal, to the Office of the
State | 2 | | Fire Marshal . The Office shall thereupon conduct a hearing | 3 | | pursuant
to the Illinois Administrative Procedure Act, as | 4 | | amended, and the administrative hearing rules adopted by the | 5 | | Office, and the State Fire Marshal shall either sustain,
modify | 6 | | or revoke the order. If the order is
sustained or modified, or
| 7 | | if no appeal is made to the Office, it shall be the duty of the
| 8 | | owner , or occupant , or other person interested in the premises | 9 | | to immediately comply with such order. The process for appeals | 10 | | of orders served upon an owner, occupant, or other person | 11 | | interested in the premises by a local authority having | 12 | | jurisdiction shall be according to local ordinance.
| 13 | | (Source: P.A. 84-954.)
| 14 | | (425 ILCS 25/9b) (from Ch. 127 1/2, par. 11)
| 15 | | Sec. 9b. Administrative review. When an order to remove or | 16 | | remedy a
dangerous condition or fire hazard has been modified | 17 | | or sustained by the
Office of the State Fire Marshal, the | 18 | | owner, occupant, or other person interested in the premises | 19 | | person against whom the order has
been entered may seek review | 20 | | in the circuit court of the county in which
the property | 21 | | affected by the order is located, pursuant to the
| 22 | | Administrative Review Law, as amended.
| 23 | | (Source: P.A. 84-1308.)
| 24 | | (425 ILCS 25/9e) (from Ch. 127 1/2, par. 14)
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| 1 | | Sec. 9e.
Penalties; concurrent jurisdiction. A willful | 2 | | Wilful failure, neglect , or refusal to comply (1) with the
| 3 | | order of the Office of the State Fire Marshal
or other officers | 4 | | after it
has become final by reason of failure to prosecute an | 5 | | appeal as provided
by this Act, or (2) with the judgment of the | 6 | | circuit court sustaining or
modifying the order of the Office | 7 | | is a petty offense, and in the
event of a continuance of such | 8 | | willful wilful failure, neglect , or refusal to
comply with such | 9 | | order, each day's continuance is a separate offense.
| 10 | | The provisions of Sections 9, 9a, 9b, 9c, 9d and 9e shall | 11 | | not be
construed to affect or repeal any ordinances of any | 12 | | local authority having jurisdiction municipality
relating to | 13 | | building inspection, fire limits, fire prevention, or safety
| 14 | | standards, but the jurisdiction of the Office of the State Fire | 15 | | Marshal shall,
in such local authorities having jurisdiction | 16 | | municipalities , be concurrent with that of the local municipal
| 17 | | authorities having jurisdiction .
| 18 | | (Source: P.A. 80-147.)
| 19 | | (425 ILCS 25/9f)
| 20 | | Sec. 9f. Duties owed to fire fighters. The owner or | 21 | | occupier of the premises and his or her agents owe
fire | 22 | | fighters who are on the premises in the performance of their | 23 | | official
duties conducting fire investigations or inspections | 24 | | or responding to fire
alarms or actual fires on the premises a | 25 | | duty of reasonable care in the
maintenance of the premises |
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| 1 | | according to applicable fire safety codes,
regulations, | 2 | | ordinances, and generally applicable safety standards, | 3 | | including
any decisions by the Illinois courts. The owner or | 4 | | occupier of the premises and
his or her agents are not relieved | 5 | | of the duty of reasonable care if the fire
fighter is injured | 6 | | due to the lack of maintenance of the premises in the course
of | 7 | | responding to a fire, false alarm, or his or her inspection or | 8 | | investigation
of the premises.
| 9 | | For purposes of this Section, the term "premises" means any | 10 | | building or
structure or the real property upon which the | 11 | | building or structure is
situated.
| 12 | | This Section applies to all causes of action that have | 13 | | accrued, will accrue,
or are currently pending before a court | 14 | | of competent jurisdiction, including
courts of review.
| 15 | | (Source: P.A. 93-233, eff. 7-22-03.)
| 16 | | (425 ILCS 25/9g new) | 17 | | Sec. 9g. Applicability within home rule units. The | 18 | | provisions of Sections 9, 9a, 9b, and 9e of this Act do not | 19 | | apply within the geographical boundaries of home rule units | 20 | | that have adopted fire prevention and life safety standards by | 21 | | local ordinance, except with respect to State-owned buildings | 22 | | or State licensed facilities. Nothing in this Act prohibits any | 23 | | home rule unit from voluntarily adopting, in their entirety, | 24 | | the fire prevention and life safety rules adopted by the Office | 25 | | and enforcing those rules concurrently with the Office. Nothing |
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| 1 | | in this Act prohibits the Office from inspecting State-owned | 2 | | buildings or State licensed facilities that are located within | 3 | | the geographical boundaries of home rule units.
| 4 | | (425 ILCS 25/12) (from Ch. 127 1/2, par. 16)
| 5 | | Sec. 12. Insurance assessment. Every fire insurance
| 6 | | company, whether upon the stock or mutual plan, and every other | 7 | | personal
or business entity doing
any form of fire insurance | 8 | | business in the State of Illinois, shall pay
to the Department | 9 | | of
Insurance in the month of March, such amount as may be
| 10 | | assessed by the Department of Insurance, which may not exceed | 11 | | 1% of
the gross fire, sprinkler leakage, riot, civil
commotion, | 12 | | explosion and motor vehicle fire risk premium receipts of
such | 13 | | company or other entity from such
business done in the State of | 14 | | Illinois during the preceding year, and
shall make an annual | 15 | | report or statement under oath to the Department
specifying the | 16 | | amount of such premiums received during the preceding
year. The | 17 | | Department of Insurance shall pay the money so received
into | 18 | | the Fire Prevention Fund, to be used as specified
in Section | 19 | | 13.1 of this Act.
| 20 | | (Source: P.A. 85-718.)
| 21 | | (425 ILCS 25/13) (from Ch. 127 1/2, par. 17)
| 22 | | Sec. 13. Insurance assessment penalties. Every company, | 23 | | firm, co-partnership, association or
aggregation of | 24 | | individuals, or body of persons insuring each other, or
their |
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| 1 | | agents, representatives, or attorneys in fact, who shall refuse | 2 | | or
neglect to comply with the requirements of Section 12 of | 3 | | this Act,
is liable, in addition to the amount due, for such | 4 | | penalty and
interest charges as are provided for under Section | 5 | | 412 of the "Illinois
Insurance Code". The Director through the | 6 | | Attorney General,
may institute an action in the name of the | 7 | | People of the State of Illinois,
in any court of competent | 8 | | jurisdiction for the recovery of the amount of
such taxes and | 9 | | penalties due, and prosecute the same to final judgment,
and | 10 | | take such steps as are necessary to collect the same. If such | 11 | | violation
is by a company, association, co-partnership or | 12 | | aggregation of individuals
licensed to do business in the State | 13 | | of Illinois, such license may be revoked
by the Department of | 14 | | Insurance.
| 15 | | (Source: P.A. 83-43.)
| 16 | | (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
| 17 | | Sec. 13.1. Fire Prevention Fund. | 18 | | (a) There shall be a special fund in the State Treasury
| 19 | | known as the Fire Prevention Fund.
| 20 | | (b) The following moneys shall be deposited into the Fund:
| 21 | | (1) Moneys received by the Department of Insurance | 22 | | under Section 12 of this Act.
| 23 | | (2) All fees and reimbursements received by the Office | 24 | | of the State Fire Marshal .
| 25 | | (3) All receipts from boiler and pressure vessel |
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| 1 | | certification, as
provided in Section 13 of the Boiler and | 2 | | Pressure Vessel Safety Act.
| 3 | | (4) Such other moneys as may be provided by law.
| 4 | | (c) The moneys in the Fire Prevention Fund shall be used, | 5 | | subject to
appropriation, for the following purposes:
| 6 | | (1) Of the moneys deposited into the fund under Section | 7 | | 12 of this Act,
12.5% shall be available for the | 8 | | maintenance of the Illinois Fire Service
Institute and the | 9 | | expenses, facilities, and structures incident thereto,
and | 10 | | for making transfers into the General Obligation Bond | 11 | | Retirement and
Interest Fund for debt service requirements | 12 | | on bonds issued by the State of
Illinois after January 1, | 13 | | 1986 for the purpose of constructing a training
facility | 14 | | for use by the Institute. An additional 2.5% of the moneys | 15 | | deposited into the Fire Prevention Fund shall be available | 16 | | to the Illinois Fire Service Institute for support of the | 17 | | Cornerstone Training Program.
| 18 | | (2) Of the moneys deposited into the Fund under Section | 19 | | 12 of this Act,
10% shall be available for the maintenance | 20 | | of the Chicago Fire Department
Training Program and the | 21 | | expenses, facilities and structures incident
thereto, in | 22 | | addition to any moneys payable from the Fund to the City of
| 23 | | Chicago pursuant to the Illinois Fire Protection Training | 24 | | Act.
| 25 | | (3) For making payments to local governmental agencies | 26 | | and individuals
pursuant to Section 10 of the Illinois Fire |
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| 1 | | Protection Training Act.
| 2 | | (4) For the maintenance and operation of the Office of | 3 | | the State Fire
Marshal, and the expenses incident thereto.
| 4 | | (4.5) For the maintenance, operation, and capital | 5 | | expenses of the Mutual Aid Box Alarm System (MABAS). | 6 | | (4.6) For grants awarded by the Small Fire-fighting and | 7 | | Ambulance Service Equipment Grant Program established by | 8 | | Section 2.7 of the State Fire Marshal Act. | 9 | | (5) For any other purpose authorized by law.
| 10 | | (c-5) As soon as possible after April 8, 2008 ( the | 11 | | effective date of Public Act 95-717) this amendatory Act of the | 12 | | 95th General Assembly, the Comptroller shall order the transfer | 13 | | and the Treasurer shall transfer $2,000,000 from the Fire | 14 | | Prevention Fund to the Fire Service and Small Equipment Fund, | 15 | | $9,000,000 from the Fire Prevention Fund to the Fire Truck | 16 | | Revolving Loan Fund, and $4,000,000 from the Fire Prevention | 17 | | Fund to the Ambulance Revolving Loan Fund. Beginning on July 1, | 18 | | 2008, each month, or as soon as practical thereafter, an amount | 19 | | equal to $2 from each fine received shall be transferred from | 20 | | the Fire Prevention Fund to the Fire Service and Small | 21 | | Equipment Fund, an amount equal to $1.50 from each fine | 22 | | received shall be transferred from the Fire Prevention Fund to | 23 | | the Fire Truck Revolving Loan Fund, and an amount equal to $4 | 24 | | from each fine received shall be transferred from the Fire | 25 | | Prevention Fund to the Ambulance Revolving Loan Fund. These | 26 | | moneys shall be transferred from the moneys deposited into the |
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| 1 | | Fire Prevention Fund pursuant to Public Act 95-154, together | 2 | | with not more than 25% of any unspent appropriations from the | 3 | | prior fiscal year. These moneys may be allocated to the Fire | 4 | | Truck Revolving Loan Fund, Ambulance Revolving Loan Fund, and | 5 | | Fire Service and Small Equipment Fund at the discretion of the | 6 | | Office of the State Fire Marshal for the purpose of | 7 | | implementation of this Act.
| 8 | | (d) Any portion of the Fire Prevention Fund remaining | 9 | | unexpended at the
end of any fiscal year which is not needed | 10 | | for the maintenance and expenses of the
Office of the State | 11 | | Fire Marshal or the maintenance and expenses of the
Illinois | 12 | | Fire Service Institute, shall remain in the Fire Prevention | 13 | | Fund for the exclusive and restricted uses provided in | 14 | | subsections
(c) and (c-5) of this Section.
| 15 | | (e) The Office of the State Fire Marshal shall keep on file | 16 | | an itemized
statement of all expenses incurred which are | 17 | | payable from the Fund, other
than expenses incurred by the | 18 | | Illinois Fire Service Institute, and shall
approve all vouchers | 19 | | issued therefor before they are submitted to the State
| 20 | | Comptroller for payment. Such vouchers shall be allowed and | 21 | | paid in the
same manner as other claims against the State.
| 22 | | (Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10; | 23 | | 97-114, eff. 1-1-12; 97-901, eff. 1-1-13.)
| 24 | | (425 ILCS 25/10 rep.)
| 25 | | Section 10. The Fire Investigation Act is amended by |
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| 1 | | repealing Section 10.
| 2 | | Section 97. Severability. The provisions of this Act are | 3 | | severable under Section 1.31 of the Statute on Statutes.".
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