Full Text of SB1244 95th General Assembly
SB1244enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Township Code is amended by adding Section | 5 |
| 14a as follows: | 6 |
| (60 ILCS 1/14a new) | 7 |
| Sec. 14a. Reimbursement for specialized rescue services. A | 8 |
| township that provides fire protection services may fix, | 9 |
| charge, and collect reasonable fees for specialized rescue | 10 |
| services provided by the township. The total amount collected | 11 |
| may not exceed the reasonable cost of providing those | 12 |
| specialized rescue services and may not, in any event, exceed | 13 |
| $125
per hour per vehicle and $35 per hour per firefighter. The | 14 |
| fee may be charged to any of the following parties, but only | 15 |
| after there has been a finding of fault against that party by | 16 |
| the Occupational Safety and Health Administration or the | 17 |
| Illinois Department of Labor: | 18 |
| (a) the owner of the property on which the specialized | 19 |
| rescue services occurred;
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| (b) any person involved in an activity that caused or | 21 |
| contributed to the emergency;
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| (c) an individual who is rescued during the emergency | 23 |
| and his or her employer if the person was acting in |
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| furtherance of the employer's interests;
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| (d) in cases involving the recovery of property, any | 3 |
| person having control or custody of the property at the | 4 |
| time of the emergency.
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| For the purposes of this Section, the term "specialized | 6 |
| rescue services" includes, but is not limited to, structural | 7 |
| collapse, tactical rescue, high angle rescue, underwater | 8 |
| rescue and recovery, confined space rescue, below grade rescue, | 9 |
| and trench rescue.
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| Section 10. The Illinois Municipal Code is amended by | 11 |
| adding Section 11-6-5 as follows: | 12 |
| (65 ILCS 5/11-6-5 new) | 13 |
| Sec. 11-6-5. Reimbursement for specialized rescue | 14 |
| services. The corporate authorities of a municipality that | 15 |
| operates a fire department may fix, charge, and collect | 16 |
| reasonable fees for specialized rescue services provided by the | 17 |
| department. The total amount collected may not exceed the | 18 |
| reasonable cost of providing those specialized rescue services | 19 |
| and may not, in any event, exceed $125
per hour per vehicle and | 20 |
| $35 per hour per firefighter. The fee may be charged to any of | 21 |
| the following parties, but only after there has been a finding | 22 |
| of fault against that party by the Occupational Safety and | 23 |
| Health Administration or the Illinois Department of Labor: | 24 |
| (a) the owner of the property on which the specialized |
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| rescue services occurred;
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| (b) any person involved in an activity that caused or | 3 |
| contributed to the emergency;
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| (c) an individual who is rescued during the emergency | 5 |
| and his or her employer if the person was acting in | 6 |
| furtherance of the employer's interests;
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| (d) in cases involving the recovery of property, any | 8 |
| person having control or custody of the property at the | 9 |
| time of the emergency.
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| For the purposes of this Section, the term "specialized | 11 |
| rescue services" includes, but is not limited to, structural | 12 |
| collapse, tactical rescue, high angle rescue, underwater | 13 |
| rescue and recovery, confined space rescue, below grade rescue, | 14 |
| and trench rescue.
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| Section 15. The Fire Protection District Act is amended by | 16 |
| changing Section 22 and by adding Section 25 as follows:
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| (70 ILCS 705/22) (from Ch. 127 1/2, par. 38.5)
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| Sec. 22. The Board of Trustees of any fire protection | 19 |
| district incorporated
under this Act is authorized under the | 20 |
| terms and conditions hereinafter
set out, to provide emergency | 21 |
| ambulance service to or from points within
or without the | 22 |
| district; to contract with providers of ambulance service;
to | 23 |
| combine with other units of governments for the purpose of | 24 |
| providing
ambulance service; to levy a tax for the provision of |
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| such service and to
adopt rules and regulations relating to | 2 |
| ambulance service within their
jurisdiction.
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| (a) It is declared as a matter of public policy:
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| (1) That, in order to preserve, protect and promote the | 5 |
| public health,
safety and general welfare, adequate and | 6 |
| continuing emergency ambulance
service should be available | 7 |
| to every citizen of Illinois;
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| (2) That, insofar as it is economically feasible, | 9 |
| emergency ambulance
service should be provided by private | 10 |
| enterprise; and
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| (3) That, in the event adequate and continuing | 12 |
| emergency ambulance
services do not exist, fire protection | 13 |
| districts should be authorized to
provide, and shall cause | 14 |
| to be provided, ambulance service as a public | 15 |
| responsibility.
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| (b) Whenever the Board of Trustees of a fire protection | 17 |
| district desires
to levy a special tax to provide an ambulance | 18 |
| service, it shall certify the
question to the proper election | 19 |
| officials, who shall submit that question
at an election to the | 20 |
| voters of the district. The result of such referendum
shall be | 21 |
| entered upon the records of the district. If a majority of the
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| votes on the proposition are in favor of such proposition, the | 23 |
| Board of
Trustees may thereafter levy a special tax at a rate | 24 |
| not to exceed .30% of
the value of all taxable property within | 25 |
| the district as equalized or
assessed by the Department of | 26 |
| Revenue. The proposition shall be in
substantially the |
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| following form:
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| -------------------------------------------------------------
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| Shall the .... Fire Protection
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| District levy a special tax at a rate YES
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| not to exceed .30% of the value of all
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| taxable property within the district as --------------------
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| equalized or assessed by the Department
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| of Revenue for the purpose of providing NO
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| an ambulance service?
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| -------------------------------------------------------------
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| (c) If it appears that a majority of all valid votes cast | 12 |
| on the
proposition are in favor of levying a special tax to pay | 13 |
| for an ambulance,
the Board of Trustees may levy and collect an | 14 |
| annual tax for the purpose of
providing ambulance service under | 15 |
| this Act to be extended at a rate not to
exceed .30% of the full | 16 |
| fair cash value of the taxable property within the
governmental | 17 |
| unit as assessed or equalized by the Department of Revenue.
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| Such annual tax shall be in addition to the other taxes a fire | 19 |
| protection
district may levy for its corporate purposes.
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| (d) Any Board of trustees may:
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| 1. Provide or operate an emergency ambulance service;
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| 2. Contract with a private person, hospital, | 23 |
| corporation or another
governmental unit for the provision | 24 |
| and operation of emergency ambulance
service or subsidize | 25 |
| the service thereof;
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| 3. Limit the number of ambulance services;
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| 4. Within its jurisdiction, fix, charge and collect | 2 |
| fees for emergency
ambulance service within or outside of | 3 |
| the fire protection district not
exceeding the reasonable | 4 |
| cost of the service;
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| 5. Establish necessary regulations not inconsistent | 6 |
| with the statutes
or regulations of the Department of | 7 |
| Public Health relating to ambulance
service;
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| 6. The trustees shall have the power identified in | 9 |
| paragraphs 3 and 5
only if the district shall have passed | 10 |
| the referendum provided for herein.
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| (e) When any Board of Trustees is authorized prior to | 12 |
| January 1, 1978
to levy and collect an annual tax, for the | 13 |
| purpose of providing ambulance
service, at any rate not | 14 |
| exceeding .25% of the full fair cash value of the
taxable | 15 |
| property within the governmental unit as equalized or assessed | 16 |
| by
the Department of Revenue, such Board of Trustees may by
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| resolution increase its authority to tax for ambulance purposes | 18 |
| to a rate
not to exceed .30%. Such resolution shall be | 19 |
| effective 30 days after its
adoption. Notice of such resolution | 20 |
| shall be published twice in a newspaper
having a general | 21 |
| circulation within the district at least 20 days and again
at | 22 |
| least 10 days prior to the effective date of the resolution. | 23 |
| Such notice
shall state that the voters of that fire protection | 24 |
| district, which district
shall be described in the notice, have | 25 |
| until 30 days after the adoption
of the resolution to file a | 26 |
| petition with the Board of Trustees praying
that the question |
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| of the adoption of the resolution be submitted to a vote
of the | 2 |
| electors of such territory, and that, if no such petition is | 3 |
| filed,
the resolution shall become effective 30 days after its | 4 |
| adoption. The
notice also shall state the specific number of | 5 |
| voters required to sign the
petition and the date of the | 6 |
| prospective referendum. The district secretary
shall provide a | 7 |
| petition form to any individual requesting one. If such a
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| petition, signed by the voters of the district equal to 10% or | 9 |
| more of the
registered voters of the district, is so filed with | 10 |
| the Board of Trustees,
then the question of the adoption of the | 11 |
| resolution shall be certified to
the proper election officials, | 12 |
| who shall submit the question to a vote of
the electors of the | 13 |
| district at an election in accordance with the general
election | 14 |
| law. If such a petition is filed, the resolution does not take
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| effect unless a majority of the votes cast upon the question of | 16 |
| the
adoption of the resolution is in favor of adoption. | 17 |
| However, if such a
petition is determined to be invalid, the | 18 |
| resolution shall take effect.
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| The result of the election shall be entered upon the | 20 |
| records of the
district. If a majority of the voters vote in | 21 |
| favor of such resolution,
the resolution shall be effective | 22 |
| immediately. The proposition shall be
in substantially the | 23 |
| following form:
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| -------------------------------------------------------------
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| Shall the Board of Trustees of
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| the .... Fire Protection District YES
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| be authorized to increase the
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| special tax for ambulance service
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| to a rate not to exceed .30% of ------------------
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| the value of all taxable property
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| within the district as equalized or
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| assessed by the Department of Revenue NO
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| for the purpose of providing such service?
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| -------------------------------------------------------------
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| In this Section, "ambulance service" includes, without | 10 |
| limitation, pre-hospital medical services. "Pre-hospital | 11 |
| medical services" includes emergency services performed by a | 12 |
| paramedic or other on-board emergency personnel that are within | 13 |
| the scope of the provider's license. This amendatory Act of the | 14 |
| 95th General Assembly is declarative of existing law.
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| (Source: P.A. 86-1253; 87-767 .)
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| (70 ILCS 705/25 new) | 17 |
| Sec. 25. Reimbursement for specialized rescue services. A | 18 |
| fire protection district may fix, charge, and collect | 19 |
| reasonable fees for specialized rescue services provided by the | 20 |
| district. The total amount collected may not exceed the | 21 |
| reasonable cost of providing those specialized rescue services | 22 |
| and may not, in any event, exceed $125
per hour per vehicle and | 23 |
| $35 per hour per firefighter. The fee may be charged to any of | 24 |
| the following parties, but only after there has been a finding | 25 |
| of fault against that party by the Occupational Safety and |
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SB1244 Enrolled |
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LRB095 04959 HLH 25025 b |
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| Health Administration or the Illinois Department of Labor: | 2 |
| (a) the owner of the property on which the specialized | 3 |
| rescue services occurred;
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| (b) any person involved in an activity that caused or | 5 |
| contributed to the emergency;
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| (c) an individual who is rescued during the emergency | 7 |
| and his or her employer if the person was acting in | 8 |
| furtherance of the employer's interests;
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| (d) in cases involving the recovery of property, any | 10 |
| person having control or custody of the property at the | 11 |
| time of the emergency.
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| For the purposes of this Section, the term "specialized | 13 |
| rescue services" includes, but is not limited to, structural | 14 |
| collapse, tactical rescue, high angle rescue, underwater | 15 |
| rescue and recovery, confined space rescue, below grade rescue, | 16 |
| and trench rescue.
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