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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_HB1973eng HB1973 Engrossed LRB9204993MWdv 1 AN ACT concerning fire protection. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Township Code is amended by changing 5 Section 200-12 and by adding Sections 200-13 and 200-14 as 6 follows: 7 (60 ILCS 1/200-12) 8 Sec. 200-12. Tax increase; referendum. 9 (a) A township with a population of less than 100,000 10 may levy taxes at a rate in excess of 0.02% of the value of 11 all taxable property within the township as equalized or 12 assessed by the Department of Revenue if the increase is 13 approved by the voters as provided in this Section. The 14 township board may, by ordinance, place the question of 15 whether the tax rate of the township should be increased from 16 0.02% to 0.125% for fire protection, rescue, and emergency 17 vehicles and equipment on the ballot at any election. The 18 township board shall certify the question to the proper 19 election officials, who shall submit the question at an 20 election in accordance with the general election law. The 21 question shall be in the following form. 22 Shall the maximum allowable tax rate for the (name 23 of township) Township, be increased from 0.02% to 0.125% 24 of the value of all taxable property within the township 25 as equalized or assessed by the Department of Revenue for 26 fire protection, rescue, and emergency vehicles and 27 equipment? 28 The votes shall be recorded as "Yes" or "No". 29 The result of the referendum shall be entered upon the 30 records of the township. If a majority of the voters at the 31 election vote in favor of the proposition, the township may HB1973 Engrossed -2- LRB9204993MWdv 1 levy taxes annually at a tax extendable rate not to exceed 2 0.125% of the value of all taxable property within the 3 township as equalized or assessed by the Department of 4 Revenue. 5 A referendum held under this Section shall be conducted 6 in accordance with the Election Code. 7 (b) The township board has power to levy the taxes at a 8 rate in excess of 0.125% but not in excess of 0.30% of the 9 value of all taxable property within the township, as 10 equalized or assessed by the Department of Revenue, under the 11 following terms and conditions. 12 The township board shall provide by ordinance for the 13 levy and collection of taxes at a rate not in excess of 0.30% 14 of the value of all taxable property within the township as 15 equalized or assessed by the Department of Revenue. A 16 certified copy of the ordinance shall be filed in the office 17 of the clerk of the county in which the township is situated, 18 which certified copy constitutes authority for the clerk in 19 each case to extend taxes annually at the rate so provided 20 against all of the taxable property contained in the 21 township. 22 After the ordinance has been passed, it shall be 23 published once within 30 days after its passage in one or 24 more newspapers published in the county in which the township 25 is located and having general circulation within the 26 township. If no newspaper is published in the county that 27 has general circulation in the township, publication may be 28 made instead by posting copies of the ordinance in 10 public 29 places within the township. The publication or posting of the 30 ordinance shall include a notice of (1) the specific number 31 of voters required to sign a petition requesting that the 32 question of the adoption of the tax levy be submitted to the 33 voters of the township; (2) the time within which the 34 petition must be filed; and (3) the date of the prospective HB1973 Engrossed -3- LRB9204993MWdv 1 referendum. The township clerk shall provide a petition form 2 to any individual requesting one. 3 If no petition is filed with the township board within 30 4 days after publication or posting of the ordinance, the 5 township is authorized to levy the tax. If, however, within 6 the 30-day period a petition signed by the electors of the 7 township equal in number to 10% or more of the registered 8 voters in the township is filed with the township board 9 asking that the question of levying the tax be submitted to 10 the electors of the township, the township board shall 11 certify the question to the proper election officials, who 12 shall submit the question at an election in accordance with 13 the general election law. 14 The proposition shall be substantially in the following 15 form: 16 Shall the maximum allowable tax rate for (insert 17 name of township) township fire department be increased 18 from 0.125% to 0.30% of the value of all taxable property 19 within the township as equalized or assessed by the 20 Department of Revenue? 21 The votes shall be recorded as "Yes" or "No". 22 If a majority of the electors voting on the question vote 23 in the affirmative, the township may thereafter levy the tax. 24 (c) The township board may levy the taxes at a rate in 25 excess of 0.125% and in excess of 0.30% but not in excess of 26 0.40% of the value of all taxable property within the 27 township as equalized or assessed by the Department of 28 Revenue. The tax may not be levied until the question of 29 levying the tax has been submitted to the electors of the 30 township at a regular election and approved by a majority of 31 the electors voting on the question. The township board shall 32 certify the question to the proper election officials, who 33 shall submit the question at an election in accordance with 34 the general election law. The proposition shall be in HB1973 Engrossed -4- LRB9204993MWdv 1 substantially the following form: 2 Shall the maximum allowable tax rate for the (insert 3 name of township) township fire department be increased 4 from 0.125% to 0.40% (or from 0.30% to 0.40%, as the case 5 may be) of the value of all taxable property within the 6 township as equalized or assessed by the Department of 7 Revenue? 8 The votes shall be recorded as "Yes" or "No". 9 The results of the referendum shall be entered upon the 10 records of the township. If a majority of the electors 11 voting on the question vote in the affirmative, the township 12 board may thereafter levy the tax. 13 (Source: P.A. 90-296, eff. 8-1-97.) 14 (60 ILCS 1/200-13 new) 15 Sec. 200-13. Board authority. The township board of any 16 township operating a fire department has the power and it is 17 its legal duty and obligation to provide as nearly adequate 18 protection from fire for all persons and property within the 19 township as possible and to prescribe necessary regulations 20 for the prevention and control of fire within the township. 21 The township board may provide and maintain life saving and 22 rescue equipment, services, and facilities, including 23 emergency ambulance service. Except in cities having a 24 population of 500,000 or more inhabitants and except in 25 municipalities in which fire prevention codes have been 26 adopted, the township board has the express power to adopt 27 and enforce fire prevention codes and standards parallel to 28 national standards. 29 (60 ILCS 1/200-14 new) 30 Sec. 200-14. Fire department regulations and rules. A 31 township providing fire protection services on the effective 32 date of this amendatory Act of the 92nd General Assembly HB1973 Engrossed -5- LRB9204993MWdv 1 shall be held to the standard of Sections 16.01 through 17 of 2 the Fire Protection District Act, substituting "township" 3 where "fire protection district" is indicated. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.