Full Text of HB4395 102nd General Assembly
HB4395 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4395 Introduced 1/21/2022, by Rep. Lawrence Walsh, Jr. SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/Div. 5-5 heading | | 55 ILCS 5/5-5002 new | | 60 ILCS 1/200-20 new | | 65 ILCS 5/11-6-12 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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| | A BILL FOR |
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| | | HB4395 | | LRB102 22772 AWJ 31920 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) As used in 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 |
| | | HB4395 | - 2 - | LRB102 22772 AWJ 31920 b |
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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 | 7 | | to fire emergencies. | 8 | | (b) Any nongovernmental entities that the county board | 9 | | contracts with to furnish fire protection services that | 10 | | display a logo of the county on the entity's vehicle or uniform | 11 | | shall also conspicuously display on all vehicles and uniforms | 12 | | the 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 | 3 | | guilty of a business offense and shall be fined $1,000 per | 4 | | occurrence. The circuit court in the county where a violation | 5 | | occurs shall have jurisdiction to enforce the provisions of | 6 | | this Section. | 7 | | (d) A home rule unit may not regulate the display of logos | 8 | | in a manner inconsistent with this Section. This Section is a | 9 | | limitation under subsection (i) of Section 6 of Article VII of | 10 | | the Illinois Constitution on the concurrent exercise by home | 11 | | rule units of powers and functions exercised by the State. | 12 | | Section 10. The Township Code is amended by adding Section | 13 | | 200-20 as follows: | 14 | | (60 ILCS 1/200-20 new) | 15 | | Sec. 200-20. Identification of nongovernmental contracted | 16 | | fire protection services. | 17 | | (a) As used in 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 township. | 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 township. | 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 | 9 | | to fire emergencies. | 10 | | (b) Any nongovernmental entities that the governing body | 11 | | of a township contracts with to furnish fire protection | 12 | | services that display a logo of a township on the entity's | 13 | | vehicle or uniform shall also conspicuously display on all | 14 | | 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 township; | 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 township, then the required disclosure shall be placed | 3 | | near the largest logo referring to the township. | 4 | | (c) A person or entity that violates this Section is | 5 | | guilty of a business offense and shall be fined $1,000 per | 6 | | occurrence. The circuit court in the county where a violation | 7 | | occurs shall have jurisdiction to enforce the provisions of | 8 | | this Section. | 9 | | Section 15. The Illinois Municipal Code is amended by | 10 | | adding Section 11-6-12 as follows: | 11 | | (65 ILCS 5/11-6-12 new) | 12 | | Sec. 11-6-12. Identification of nongovernmental contracted | 13 | | fire protection services. | 14 | | (a) As used in this Section: | 15 | | "Conspicuously display" means to display a disclosure that | 16 | | is at least the same size as and located close to the largest | 17 | | logo referring to the municipality. | 18 | | "Logo" means a symbol, graphic, seal, emblem, insignia, | 19 | | trade name, brand name, picture, or text identifying a person, | 20 | | firm, corporation, association, or municipality. | 21 | | "Occurrence" means each vehicle or uniform in violation of | 22 | | this Section that could be viewed by members of the public that | 23 | | fails to display the required disclosure consistent with the | 24 | | provisions of this Section. |
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| 1 | | "Vehicle" means any publicly or privately owned means of | 2 | | transportation that is specifically designed, constructed, or | 3 | | modified and equipped for the primary purpose of responding to | 4 | | fire emergencies, and is intended to be used for and is | 5 | | maintained or operated for the primary purpose of responding | 6 | | to fire emergencies. | 7 | | (b) Any nongovernmental entities that the corporate | 8 | | authorities of any municipality contracts with to furnish fire | 9 | | protection services that display a logo of a municipality on | 10 | | the entity's vehicle or uniform shall also conspicuously | 11 | | display on all vehicles and uniforms the following disclosure: | 12 | | (1) a statement indicating that the entity is the | 13 | | service provider, contractor, or other appropriate | 14 | | descriptor, with substantially similar language of | 15 | | "SERVICE PROVIDED BY:" or "CONTRACTED BY:"; | 16 | | (2) the name of the contracting person, firm, | 17 | | corporation, or association that is providing the labor or | 18 | | services for the municipality; | 19 | | (3) the state or federal tax designation of the | 20 | | contracting person, firm, corporation, or association; and | 21 | | (4) the entity's principal place of business as | 22 | | disclosed in the entity's records with the Secretary of | 23 | | State or other similar agency outside of Illinois. | 24 | | If a vehicle or uniform displays more than one logo referring | 25 | | to the municipality, then the required disclosure shall be | 26 | | placed near the largest logo referring to the municipality. |
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| 1 | | (c) A person or entity that violates this Section is | 2 | | guilty of a business offense and shall be fined $1,000 per | 3 | | occurrence. The circuit court in the county where a violation | 4 | | occurs shall have jurisdiction to enforce the provisions of | 5 | | this Section. | 6 | | (d) A home rule unit may not regulate the display of logos | 7 | | in a manner inconsistent with this Section. This Section is a | 8 | | limitation under subsection (i) of Section 6 of Article VII of | 9 | | the Illinois Constitution on the concurrent exercise by home | 10 | | rule units of powers and functions exercised by the State. | 11 | | Section 20. The Fire Protection District Act is amended by | 12 | | adding Section 11a-5 as follows: | 13 | | (70 ILCS 705/11a-5 new) | 14 | | Sec. 11a-5. Identification of nongovernmental contracted | 15 | | fire protection services. | 16 | | (a) As used in 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 district. | 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 district. | 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 | 8 | | to fire emergencies. | 9 | | (b) Any nongovernmental entities that the board of | 10 | | trustees contracts with to furnish fire protection services | 11 | | pursuant to Section 11a that display a logo of a district on | 12 | | the entity's vehicle or uniform shall also conspicuously | 13 | | display on all vehicles and 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 district; | 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 district, then the required disclosure shall be placed | 2 | | near the largest logo referring to the district. | 3 | | (c) A person or entity that violates this Section is | 4 | | guilty of a business offense and shall be fined $1,000 per | 5 | | occurrence. The circuit court in the county where a violation | 6 | | occurs shall have jurisdiction to enforce the provisions of | 7 | | this Section.
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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