HB4179sam001 103RD GENERAL ASSEMBLY

Sen. Tom Bennett

Filed: 5/14/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4179

2    AMENDMENT NO. ______. Amend House Bill 4179 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Emergency Services Districts Act is
5amended by changing Sections 2.5, 4, 11, 11.3, 11.4, and 11.5
6as follows:
 
7    (70 ILCS 2005/2.5)
8    Sec. 2.5. Rescue squad district continuance. A rescue
9squad district organized under this Act before January 1, 2024
10(the effective date of Public Act 103-134) this amendatory Act
11of the 103rd General Assembly may (i) continue to be named a
12rescue squad district or be renamed an emergency services
13district by ordinance of the board of trustees of the
14district, (ii) operate under the provisions of this Act as if
15it was they were organized as an emergency services district,
16and (iii) continue exercising taxing authority granted to it

 

 

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1that was approved before January 1, 2024, and (iv) for a
2district in counties other than Cook County, DuPage County,
3Kane County, Lake County, McHenry County, or Will County,
4increase, by referendum, the tax rate authorized by its
5organizational proposition under Section 4 by up to an
6additional 0.20%. However, the aggregate tax authorized to be
7levied for any one year under Section 4, including the amount
8levied under the organizational proposition, shall not exceed
90.20% of value for a district in Cook County, DuPage County,
10Kane County, Lake County, McHenry County, or Will County or
110.40% of value for a district in counties other than Cook
12County, DuPage County, Kane County, Lake County, McHenry
13County, or Will County, as equalized or assessed by the
14Department of Revenue. The taxes authorized under this Section
15may be used for any purpose allowed under this Act, including,
16but not limited to, ambulance service. the effective date of
17this amendatory Act of the 103rd General Assembly and the
18taxes may be used for any purpose allowed under this Act.
19(Source: P.A. 103-134, eff. 1-1-24.)
 
20    (70 ILCS 2005/4)  (from Ch. 85, par. 6854)
21    Sec. 4. The determination of the court as to the necessity
22for the organization of the proposed emergency services
23district, together with the description of the boundaries of
24the district as fixed by the court, shall be entered of record
25in the court. Thereupon the court shall certify the question

 

 

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1of the organization of the territory included within the
2boundaries fixed by it as an emergency services district to
3the proper election officials, who shall submit the question
4to the legal voters resident within the territory at an
5election to be held in the district. Notice of the referendum
6shall be given and the referendum conducted in the manner
7provided by the general election law. The notice of the
8election shall state the purpose of the referendum, describe
9the territory proposed to be organized as an emergency
10services district, and state the time of the election.
11    The proposition shall be in substantially the following
12form:
13--------------------------------------------------------
14    Shall this territory (describing
15it) be organized as The ...........               YES
16Emergency Services
17District and shall the
18District be authorized to levy and     ----------------------
19collect a property tax not to exceed
20[0.20%/0.40%, as applicable] .20%
21on the property situated in the                   NO
22District?
23-------------------------------------------------------------
24    The court shall cause a statement of the result to be
25entered of record in the court.
26(Source: P.A. 103-134, eff. 1-1-24.)
 

 

 

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1    (70 ILCS 2005/11)
2    Sec. 11. Property tax; fees.
3    (a) An emergency services district organized under this
4Act may levy and collect a general tax on the property situated
5in the district, but the aggregate amount of taxes levied for
6any one year under this Act shall not exceed the rate of 0.20%
7.20% of value for a district in Cook County, DuPage County,
8Kane County, Lake County, McHenry County, or Will County or
90.80% of value for a district in counties other than Cook
10County, DuPage County, Kane County, Lake County, McHenry
11County, or Will County, as equalized or assessed by the
12Department of Revenue. For a district in a county other than
13Cook County, DuPage County, Kane County, Lake County, McHenry
14County, or Will County, no more than half of the rate (0.40%)
15may be authorized under paragraph (iv) of Section 2.5, Section
164, or both and half of the rate (0.40%) under Section 11.5. The
17board of trustees shall determine and certify the amount to be
18levied and shall return the same to the county clerk. The
19limitation upon the tax rate may be increased or decreased
20under the referendum provisions of the General Revenue Law of
21Illinois.
22    In case the district is located in more than one county,
23the board of trustees shall determine and certify the amount
24to be levied upon the taxable property lying in each county and
25return the same to the respective county clerks of the

 

 

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1counties in which the amount is to be levied. In order to
2determine the amount to be levied upon the taxable property of
3that part of the district lying in each county, the board shall
4ascertain from the county clerk of the respective counties in
5which the district lies the last ascertained equalized value
6of the taxable property of the district lying in their
7respective counties, then shall ascertain the rate per cent
8required and shall, accordingly, apportion the whole amount to
9be raised between the several parts of the district so lying in
10the different counties. The tax provided for in this Section
11shall be levied at the same time and in the same manner as
12nearly as practicable as taxes are now levied for municipal
13purposes under the laws of this State.
14    All general taxes under this Act, when collected, shall be
15paid over to the treasurer of the board of trustees, who is
16authorized to receive and receipt for the same.
17    (b) An emergency services A rescue squad district
18organized under this Act may fix, charge, and collect fees for
19district rescue squad services and ambulance services within
20or outside of the rescue squad district not exceeding the
21reasonable cost of the service.
22(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;
23revised 12-12-23.)
 
24    (70 ILCS 2005/11.3)
25    Sec. 11.3. Ambulance service.

 

 

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1    (a) The board of trustees may provide ambulance service to
2or from points within or without the district, contract with
3providers of ambulance service, combine with other units of
4local government for the purpose of providing ambulance
5service, and adopt rules and regulations relating to ambulance
6service within the board's jurisdiction.
7    (b) The board of trustees may:
8        (1) contract with a private person, hospital,
9    corporation, or another governmental unit for the
10    provision and operation of ambulance service or subsidize
11    the ambulance service;
12        (2) limit the number of ambulance services by
13    referendum;
14        (3) within its jurisdiction, fix, charge, and collect
15    fees for ambulance service within or outside of the fire
16    protection district not exceeding the reasonable cost of
17    the service; and
18        (4) establish necessary regulations not inconsistent
19    with the statutes or regulations of the Department of
20    Public Health relating to ambulance service.
21    The board of trustees may limit the number of ambulances
22under paragraph (2) or establish regulations under paragraph
23(4) if a referendum under Section 11.5 has been approved.
24(Source: P.A. 103-134, eff. 1-1-24.)
 
25    (70 ILCS 2005/11.4)

 

 

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1    Sec. 11.4. Charge for ambulance service.
2    (a) The board of trustees of a district may fix, charge,
3and collect fees not exceeding the reasonable cost of the
4service for ambulance services rendered by the district within
5or outside of the district against persons who are not
6residents of the district and against businesses and other
7entities that are not located within the district.
8    (b) A fee charged to an individual patient under
9subsection (a) shall be computed at a rate not to exceed $250
10per hour and not to exceed $70 per hour per ambulance worker
11responding to a call for assistance. This limitation does not
12apply to a third-party payer, and the third-party payer shall
13pay the charges set in subsection (a). An additional fee may be
14charged to reimburse the district for documented extraordinary
15expenses of materials used in rendering ambulance services up
16to the reasonable cost of the materials, personnel, and
17operating costs. No charge shall be made for services for
18which the total charge would be less than $50.
19    As used in this subsection, "third-party payer" means an
20entity that provides an insurance, medical service, or health
21plan by contract or agreement, including an automobile
22liability insurance or no fault insurance carrier, and any
23other plan or program that is designed to provide compensation
24or coverage for expenses incurred by a beneficiary for health
25care services or products.
26    (c) All revenue from the fees charged under this Section

 

 

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1shall be deposited to the district's general fund.
2(Source: P.A. 103-134, eff. 1-1-24.)
 
3    (70 ILCS 2005/11.5)
4    Sec. 11.5. Ambulance service tax. Whenever the board of
5trustees of an emergency services district desires to levy a
6special tax to provide an ambulance service or support an
7existing ambulance service, it shall certify the question to
8the proper election officials, who shall submit that question
9at an election to the voters of the district. The result of the
10referendum shall be entered upon the records of the district.
11If a majority of the votes on the question are in favor of the
12question, the board of trustees may then levy a special tax at
13a rate not to exceed 0.40% of the value of all taxable property
14within the district as equalized or assessed by the Department
15of Revenue. The question shall be in substantially the
16following form:
17----------------------------------------------
18    Shall the ....
19Emergency Services
20District levy a special tax at a rate             YES
21not to exceed 0.40% of the value of all
22taxable property within the district        -----------------
23as equalized or assessed by the
24Department of Revenue for the purpose             NO
25of providing or supporting an ambulance

 

 

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1service?
2-------------------------------------------------------------
3    The A tax levied under Section 4 11 may be used for
4ambulance services as well as a tax levied under this Section.
5The aggregate percentage of all tax levies that a district may
6levy under this Act may not exceed the aggregate percentage
7limitation under Section 11.
8(Source: P.A. 103-134, eff. 1-1-24.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".