(70 ILCS 2005/1) (from Ch. 85, par. 6851)
Sec. 1. This Act may be cited as the Emergency Services Districts Act. (Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/2) (from Ch. 85, par. 6852)
Sec. 2.
Any contiguous territory having a population of not less than
300 inhabitants and no part of which is already included in an emergency services
district, and no part of which is located in a fire protection district
that provides rescue services, may be organized as an emergency services district
as provided in this Act. However, an emergency services district may be organized in whole or in part within a fire protection district that provides rescue services if the emergency services district is formed and operated solely to provide ambulance services.
Any 5% of the legal voters within the limits of the proposed emergency services
district may petition the circuit court for the county in
which the territory lies to order the question whether the territory
shall be organized as an emergency services district under this Act to be
submitted to the legal voters of the territory, but every petition
shall be signed by at least 25 legal voters residing within the
territory proposed to be organized as an emergency services district, and
in case the territory includes more than one city, village or
incorporated town, or any portions thereof, or includes one or more
cities, villages or incorporated towns, or any portion thereof, and
territory not a part of any city, village or incorporated town, then
the petition must be signed by at least 5% of the legal voters residing
in each of those cities, villages, or incorporated towns, or portions
thereof, and by at least 5% of the legal voters residing in the
territory not a part of any city, village or incorporated town. The
petition shall contain a definite description of
the boundaries of the territory proposed to be organized as an emergency services
district, and shall set forth the name of the proposed
district, which name shall be The .... Emergency Services District.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/2.5) Sec. 2.5. Rescue squad district continuance. A rescue squad district organized under this Act before January 1, 2024 (the effective date of Public Act 103-134) may (i) continue to be named a rescue squad district or be renamed an emergency services district by ordinance of the board of trustees of the district, (ii) operate under the provisions of this Act as if it was organized as an emergency services district, (iii) continue exercising taxing authority granted to it that was approved before January 1, 2024, and (iv) for a district in counties other than Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County, increase, by referendum, the tax rate authorized by its organizational proposition under Section 4 by up to an additional 0.20%. However, the aggregate tax authorized to be levied for any one year under Section 4, including the amount levied under the organizational proposition, shall not exceed 0.20% of value for a district in Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County or 0.40% of value for a district in counties other than Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County, as equalized or assessed by the Department of Revenue. The taxes authorized under this Section may be used for any purpose allowed under this Act, including, but not limited to, ambulance service. (Source: P.A. 103-134, eff. 1-1-24; 103-807, eff. 8-9-24.) |
(70 ILCS 2005/3) (from Ch. 85, par. 6853)
Sec. 3.
Upon the filing of a petition in the office of the circuit
clerk, the court to whom the petition is addressed shall give notice of the
time and place of a hearing on the question of the necessity for the
organization of an emergency services district and of the boundaries of the
proposed district. The
notice shall be published at least once each week for 2 weeks in one or
more newspapers of general circulation in the proposed district, and a copy
of the notice shall be posted in at least 10 of the most public places in
the proposed district at least 10 days before the hearing. The hearing shall be held
within 20 days after the petition is filed with the circuit clerk.
The court shall preside at the hearing, and all persons resident within
the territory proposed to be organized as an emergency services district
shall be given an opportunity to be heard touching the necessity of the
organization of a district and to make suggestions regarding the
boundaries of the district. After hearing the statements, evidence and
suggestions, if the court determines that considerations of public health
and welfare make the organization of a district necessary, it shall fix
the boundaries of the proposed emergency services district and, for that
purpose and to that extent, may alter and amend the petition. In case the
boundaries as fixed by the court include any territory not included in the
boundaries as described in the original petition, the court shall cause a
notice to be inserted at least twice in some newspaper of general
circulation in the additional territory, which notice shall state the time
and place at which a hearing will be held to permit the owners of the land
in the additional territory to appear and be heard on the question of
including the additional territory. The notice shall be published at least
10 days before the hearing, and the hearing shall be held within 3 weeks
after the court first fixes the boundaries. At the hearing the boundaries
of the proposed district shall be finally fixed by the court.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/4) (from Ch. 85, par. 6854) Sec. 4. The determination of the court as to the necessity for the organization of the proposed emergency services district, together with the description of the boundaries of the district as fixed by the court, shall be entered of record in the court. Thereupon the court shall certify the question of the organization of the territory included within the boundaries fixed by it as an emergency services district to the proper election officials, who shall submit the question to the legal voters resident within the territory at an election to be held in the district. Notice of the referendum shall be given and the referendum conducted in the manner provided by the general election law. The notice of the election shall state the purpose of the referendum, describe the territory proposed to be organized as an emergency services district, and state the time of the election. The proposition shall be in substantially the following form: Shall this territory (describing it) be organized as The ........... YES Emergency Services District and shall the District be authorized to levy and collect a property tax not to exceed [0.20%/0.40%, as applicable] on the property situated in the NO District? The court shall cause a statement of the result to be entered of record in the court.(Source: P.A. 103-134, eff. 1-1-24; 103-807, eff. 8-9-24.) |
(70 ILCS 2005/5) (from Ch. 85, par. 6855)
Sec. 5.
If a majority of the votes cast on the question are in favor of the
organization of the territory as an emergency services district, the
territory shall be an organized emergency services
district under this Act. The district shall have the name set
forth in the petition and by such name may transact all corporate business. The name of a rescue squad district may be modified under Section 2.5.
The district shall constitute a body corporate and politic.
All courts of this State shall take judicial
notice of the organization of the emergency services district.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/6) (from Ch. 85, par. 6856)
Sec. 6.
Within 60 days after the organization of an emergency services district
under the provisions of this Act, a board of trustees, consisting of 5
members, for the government and control of the affairs and business of the emergency services
district shall be appointed in the following manner:
(1) If the district lies wholly within a single | ||
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(2) If the district is not contained wholly within a | ||
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(3) If the district lies wholly within a | ||
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(4) If the district does not conform to any of the | ||
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Upon the expiration of the term of a trustee who is in office
at the
time of the publication of each decennial federal census of
population, the successor shall be a resident
of whichever county is entitled to the representation in order
to bring about the proportional representation required by this Act, and the
successor shall be appointed by the appointing authority of that
county. Thereafter, each trustee shall be succeeded by a resident
of the same county, who shall be appointed by the same
appointing authority. Of the trustees first appointed, 3 shall hold office until
the second Monday in December after the next succeeding general election
for members of the General Assembly and 2 shall hold office until the
second Monday in December 2 years after the next succeeding general
election for members of the General Assembly, and until their successors
are appointed and qualified. Thereafter, the trustees of the district shall
be appointed in every year in which the term of any of the trustees expires
and shall hold office for 4 years and until their successors are appointed
and qualified. Each trustee shall be a legal voter in the
district. Each trustee shall be compensated at the same rate, which shall
not exceed $750
per fiscal year, as determined by the board of trustees.
Whenever a vacancy occurs in the board of trustees the appropriate
appointing authority shall appoint some person to fill the remainder of the
unexpired term.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/6.5) Sec. 6.5. Change to elected board of trustees; petition; election; ballot; nomination and election of trustees. An emergency services district organized under this Act may
have an elected, rather than an appointed, board of trustees if approved by referendum. Upon presentation to the board of trustees of a petition, signed
by not less than 10% of the electors of the district, requesting that a
proposition for the election of trustees be submitted to the electors of the
district, the secretary of the board of trustees shall certify the proposition
to the appropriate election authorities who shall submit the proposition at
a regular election in accordance with the general election law.
The general election law shall apply to and govern such election. The
proposition shall be in substantially the following form: Shall the trustees of ...... YESEmergency Services District be elected, rather than appointed? NO
If a majority of the votes cast on such proposition | ||
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At the next regular election for trustees as provided by the general election
law, a district that has approved by referendum to have its
trustees elected rather than appointed shall elect 5 initial trustees. The initial elected trustees shall be elected as follows: 2 shall be elected for terms of 2
years, 2 for terms of 4 years, and one for a term of 6 years. Except as otherwise provided in Section
2A-54 of the Election Code, the term of each elected trustee shall
commence on the third Monday of the month following the month of his or her election
and until his or her successor is elected and qualified. The length of the terms of
the trustees first elected shall be determined by lot at their first meeting.
Thereafter, except as otherwise provided in Section 2A-54 of the Election Code,
each trustee shall be elected to serve for a term of 4 years
commencing on the third Monday of the month following the month of his or her election
and until his or her successor is elected and qualified.
No party designation shall appear on the ballot for election of trustees.
The provisions of the general election law shall apply to and govern
the nomination and election of trustees.
Nominations for members of the board of trustees shall be made by a petition signed by at least 25 voters or 5% of the voters, whichever is less, residing within the district and shall be filed with the secretary of the board. In addition to the requirements of general election law, the form of the petition shall be as follows:NOMINATING PETITIONS
To the Secretary of the Board of Trustees of (name of emergency services district): We, the undersigned, being (number of signatories or 5% or more) of the voters residing within the district, hereby petition that (name of candidate) who resides at (address of candidate) in this district shall be a candidate for the office of (office) of the Board of Trustees (full-term or vacancy) to be voted for at the election to be held (date of election). The secretary of the board shall notify each candidate for whom a petition for nomination has been filed of their obligations under the Campaign Financing Act, as required by the general election law. The notice shall be given on a form prescribed by the State Board of Elections and in accordance with the requirements of the general election law.
The secretary shall, within 7 days of filing or on the
last day for filing, whichever is earlier, acknowledge to the petitioner
in writing his acceptance of the petition.
The provisions of Section 6 relating to eligibility and compensation
of trustees shall apply equally to elected trustees.
Whenever an emergency services district determines to elect trustees as provided
in this Section, the trustees appointed pursuant to Section 6 shall continue
to constitute the board of trustees until the third Monday of the month
following the month of the first election of trustees.
If the term of office of any appointed trustees expires before the first
election of trustees, the authority which appointed that trustee under Section
6 of this Act shall appoint a successor to serve until a successor is
elected and has qualified. The terms of all appointed trustees in such
district shall expire on the third Monday of the month following the
month of the first election of trustees under this Section or when
successors have been elected and have qualified, whichever occurs later.
(Source: P.A. 103-134, eff. 1-1-24.) |
(70 ILCS 2005/7) (from Ch. 85, par. 6857)
Sec. 7.
The trustees appointed in accordance with this Act
shall constitute a board of trustees for the emergency services district
for which they are appointed, and that board of trustees is declared to be
the corporate authority of the district and shall exercise all of the
powers and control all of the affairs and property of the district. The
board of trustees may provide and adopt a corporate seal. Immediately after
their appointment and at their first meeting in December of each year
thereafter, the board of trustees shall elect one of their number as
president, one as secretary, and one as treasurer, and shall elect such
other officers as may be necessary. The board of trustees shall provide for
the time and place of holding regular meetings and may establish rules
for board proceedings. Special meetings may be called by the president of the
board or by any 3 trustees, but each member of the board shall be given
notice of a special meeting at least 24 hours before the meeting. All of
the meetings of the board, whether regular or special, shall be open to
the public. A majority of the board of trustees shall constitute a quorum,
but a smaller number may adjourn from day to day. The board shall keep a
regular book of records of all of the proceedings of the board, which book
shall be open to the inspection of any person residing in the district at
all reasonable and proper times.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/8) (from Ch. 85, par. 6858)
Sec. 8.
The board of trustees of the district shall have power to take all
necessary or proper steps to provide rescue services
within the district;
to purchase equipment, supplies, and materials; to recruit, employ, or contract with ambulance, rescue
squad, or both ambulance and rescue squad
personnel, who shall be compensated at a rate determined by the board of
trustees; and
generally to do any and
all things necessary or incident to the powers granted by this Act and to carry
out the objects of this Act.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/9) (from Ch. 85, par. 6859)
Sec. 9.
Whenever a district owns any personal property
which in the opinion of three-fourths of the members of the board of
trustees is no longer necessary or useful to or for the best interests of
the district, a majority of the board of trustees then holding office,
at any regular meeting or at any special meeting called for that purpose,
may by ordinance authorize the sale of that personal property in such
manner as they may designate, with or without advertising the sale.
(Source: P.A. 86-916.)
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(70 ILCS 2005/10) (from Ch. 85, par. 6860)
Sec. 10.
Purchases made under this Act must be made in
compliance with the Local Government Prompt Payment Act, as now or hereafter amended.
(Source: P.A. 86-916.)
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(70 ILCS 2005/11) Sec. 11. Property tax; fees. (a) An emergency services district organized under this Act may levy and collect a general tax on the property situated in the district, but the aggregate amount of taxes levied for any one year under this Act shall not exceed the rate of 0.20% of value for a district in Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County or 0.80% of value for a district in counties other than Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County, as equalized or assessed by the Department of Revenue. For a district in a county other than Cook County, DuPage County, Kane County, Lake County, McHenry County, or Will County, no more than half of the rate (0.40%) may be authorized under paragraph (iv) of Section 2.5, Section 4, or both and half of the rate (0.40%) under Section 11.5. The board of trustees shall determine and certify the amount to be levied and shall return the same to the county clerk. The limitation upon the tax rate may be increased or decreased under the referendum provisions of the General Revenue Law of Illinois. In case the district is located in more than one county, the board of trustees shall determine and certify the amount to be levied upon the taxable property lying in each county and return the same to the respective county clerks of the counties in which the amount is to be levied. In order to determine the amount to be levied upon the taxable property of that part of the district lying in each county, the board shall ascertain from the county clerk of the respective counties in which the district lies the last ascertained equalized value of the taxable property of the district lying in their respective counties, then shall ascertain the rate per cent required and shall, accordingly, apportion the whole amount to be raised between the several parts of the district so lying in the different counties. The tax provided for in this Section shall be levied at the same time and in the same manner as nearly as practicable as taxes are now levied for municipal purposes under the laws of this State. All general taxes under this Act, when collected, shall be paid over to the treasurer of the board of trustees, who is authorized to receive and receipt for the same. (b) An emergency services district organized under this Act may fix, charge, and collect fees for district services and ambulance services within or outside of the district not exceeding the reasonable cost of the service. (Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23; 103-605, eff. 7-1-24; 103-807, eff. 8-9-24.) |
(70 ILCS 2005/11.3) Sec. 11.3. Ambulance service. (a) The board of trustees may provide ambulance service to or from points within or without the district, contract with providers of ambulance service, combine with other units of local government for the purpose of providing ambulance service, and adopt rules and regulations relating to ambulance service within the board's jurisdiction. (b) The board of trustees may: (1) contract with a private person, hospital, | ||
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(2) limit the number of ambulance services by | ||
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(3) within its jurisdiction, fix, charge, and collect | ||
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(4) establish necessary regulations not inconsistent | ||
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The board of trustees may limit the number of ambulances under paragraph (2) or establish regulations under paragraph (4) if a referendum under Section 11.5 has been approved. (Source: P.A. 103-134, eff. 1-1-24; 103-807, eff. 8-9-24.) |
(70 ILCS 2005/11.4) Sec. 11.4. Charge for ambulance service. (a) The board of trustees of a district may fix, charge, and collect fees not exceeding the reasonable cost of the service for ambulance services rendered by the district against persons who are not residents of the district and against businesses and other entities that are not located within the district. (b) A fee charged under subsection (a) shall be computed at a rate not to exceed $250 per hour and not to exceed $70 per hour per ambulance worker responding to a call for assistance. An additional fee may be charged to reimburse the district for extraordinary expenses of materials used in rendering ambulance services. No charge shall be made for services for which the total charge would be less than $50. (c) All revenue from the fees charged under this Section shall be deposited to the district's general fund.(Source: P.A. 103-134, eff. 1-1-24.) |
(70 ILCS 2005/11.5) Sec. 11.5. Ambulance service tax. Whenever the board of trustees of an emergency services district desires to levy a special tax to provide an ambulance service or support an existing ambulance service, it shall certify the question to the proper election officials, who shall submit that question at an election to the voters of the district. The result of the referendum shall be entered upon the records of the district. If a majority of the votes on the question are in favor of the question, the board of trustees may then levy a special tax at a rate not to exceed 0.40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue. The question shall be in substantially the following form: Shall the .... Emergency Services District levy a special tax at a rate YES not to exceed 0.40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for the purpose NO of providing or supporting an ambulance service? The tax levied under Section 4 may be used for ambulance services as well as a tax levied under this Section. The aggregate percentage of all tax levies that a district may levy under this Act may not exceed the aggregate percentage limitation under Section 11. (Source: P.A. 103-134, eff. 1-1-24; 103-807, eff. 8-9-24.) |
(70 ILCS 2005/12) (from Ch. 85, par. 6862)
Sec. 12.
A district organized under
this Act, in the preparation of its annual budget and appropriation ordinance,
may provide that an amount equal to not more than 0.5%
of the total equalized assessed value of real property situated in the district
shall be allocated to and accumulated in an Equipment Repair or
Replacement Fund for the purposes of equipment repairs
or replacements of specific types of district equipment.
Expenditures from the Equipment Repair or
Replacement Fund shall be budgeted and appropriated for the fiscal year
in which the equipment repair or replacement will occur. Upon
completion or abandonment of any object or purpose for which an Equipment
Repair or Replacement Fund has been initiated, monies remaining in the
fund shall be transferred into the general corporate fund of the district on
the first day of the fiscal year following the abandonment or completion
resulting in the surplus moneys in such fund.
(Source: P.A. 98-756, eff. 7-16-14.)
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(70 ILCS 2005/13) (from Ch. 85, par. 6863)
Sec. 13.
Any territory lying adjacent and contiguous to an emergency services
district, and not part of another emergency services district and not part of a
fire protection district that provides rescue services,
may be annexed to the district as provided in this Section.
Upon petition in writing, describing the territory proposed to be
annexed and signed by a majority of the legal voters in that territory
and by the owners of more than half of the taxable property in that
territory as shown by the last ascertained equalized value of the
taxable property in that territory being filed with the trustees of
the district, the trustees may annex the territory
by a resolution which shall be published at least once in a newspaper
having a general circulation in the territory and shall include a notice
of (1) the specific number of voters required to sign a petition requesting
that the question of the adoption of the resolution be submitted to the
electors of the territory, (2) the time in which the petition must be filed,
and (3) the date of the prospective referendum. The county clerk of the
county in which the territory is situated shall provide a petition form
to any individual requesting one. The resolution shall be effective
45 days from the
date of publication and is subject to a referendum, if a
referendum is requested, before the effective date of the
resolution, by the lesser of 1,000 voters or 5% of the voters
in the district. The trustees may also order the
question of the annexation of the territory to be submitted to the legal voters of the
district at a regular election by certifying the question to the
proper election officials. Notice of the election
shall be given and the election
conducted in the manner provided by the general election law. The proposition
shall be stated as follows:
"Shall the territory (describing it) be annexed to The .... Emergency Services District?" If the majority of all the votes cast on the
question is in favor of annexation, the board of
trustees shall so certify to the county clerk, and within 10 days of
the election the trustees by an order duly entered upon their records
shall annex the territory to the district and shall file a map of the
annexed territory in the office of the county clerk of the county where
the annexed territory is situated. Thereupon the territory shall be
deemed annexed to and shall be a part of the emergency services
district.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/14) (from Ch. 85, par. 6864)
Sec. 14.
A district organized under
this Act may be dissolved and discontinued upon like petition, hearing and
election as is provided in this Act for the organization of a district.
If a majority of the votes cast on the question at the election are in
favor of dissolution, the court shall enter an order of record in
the court dissolving the district. The trustees of the
district shall immediately proceed to wind up the affairs of the district
and shall have the same powers as before dissolution to levy taxes for the
purpose of paying the debts, obligations and liabilities of the
district outstanding on the date of dissolution and the
necessary expenses of closing up the affairs of the district. All property
of the district shall be sold and, in case any excess remains after all
liabilities of the district are paid, the excess shall be paid to the
various common school districts located in the district
ratably in the proportion that the taxable value of all the property in
each of the school districts bears to the taxable value of all the property
in the emergency services district.
(Source: P.A. 103-134, eff. 1-1-24.)
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(70 ILCS 2005/15) (from Ch. 85, par. 6865)
Sec. 15.
The owner or owners of record of any area of land consisting
of one or more tracts lying within the corporate limits of an emergency services
district may have the area disconnected from the district as provided in this Section.
The owner or owners of record of the tract or tracts of land shall
file a petition in the circuit court of the county in which the district
was organized alleging facts in support of disconnection, including the
following:
(1) That the tract or tracts involved are located | ||
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(2) That disconnection will not result in the | ||
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(3) That disconnection will not destroy or impair the | ||
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(4) That disconnection will not jeopardize the | ||
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(5) That disconnection will not adversely affect the | ||
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(6) That rescue services are provided by a fire | ||
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The district from which disconnection is sought shall
be made a defendant, and it or any taxpayer residing in the district may
appear and defend against the petition.
The court shall set the petition for hearing on a date not less than 30
days after the filing of the petition.
If the court finds that the allegations of the petition are true and
that the area of land is entitled to disconnection, it shall order the
specified land disconnected from the district and
thereupon that land shall cease to be a part of the district. The land
shall not, however, be relieved from any bonded indebtedness of the
district previously created as to that land's proportionate share.
The decision of the court is
appealable as in other civil cases.
(Source: P.A. 103-134, eff. 1-1-24.)
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