Illinois General Assembly - Full Text of Public Act 093-0304
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Public Act 093-0304


 

Public Act 93-0304 of the 93rd General Assembly


Public Act 93-0304

HB0120 Enrolled                      LRB093 03770 MKM 03805 b

    AN ACT in relation to fire protection.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 2. The Township Code is amended by adding Section
30-166 as follows:

    (60 ILCS 1/30-166 new)
    Sec. 30-166.  Charge against non-residents.
    (a)  The township board of each township may fix, charge,
and  collect  fees  not  exceeding the reasonable cost of the
service for all services rendered  by  the  township  against
persons, businesses, and other entities who are not residents
of the township.
    (b)  The  charge may not be assessed against residents of
the township or persons who request fire protection  coverage
for an unprotected area and who pay to the township an amount
equal to the township's fire protection tax under Article 200
of this Code.
    (c)  The  charge for such services shall be computed at a
rate not to exceed $125 per  hour  per  vehicle  and  not  to
exceed  $35 per hour per firefighter responding to a call for
assistance.  An additional charge may be levied to  reimburse
the  township for extraordinary expenses of materials used in
rendering such services. No charge shall be made for services
for which the total charge would be less than $50.
    (d)  All revenue from the charges  assessed  pursuant  to
this  Section shall be deposited into the general fund of the
township.

    Section 5. The Illinois  Municipal  Code  is  amended  by
adding Sections 11-5-7.2 and 11-6-1.1 as follows:
    (65 ILCS 5/11-5-7.2 new)
    Sec.   11-5-7.2.  Emergency   medical   services  outside
corporate  limits.  A  municipality  may  choose  to  provide
emergency medical services on property outside its  corporate
limits.  The  corporate  authorities of each municipality may
fix, charge, and collect emergency medical service  fees  not
exceeding  the  actual  cost of the service for all emergency
medical  services  rendered  by  the   municipality   against
persons,   businesses,   and  other  entities  that  are  not
residents of the municipality. An additional  charge  may  be
levied   to  reimburse  the  municipality  for  extraordinary
expenses of materials used in rendering the services. Nothing
in this Section shall impact any agreement entered into by  a
municipality and persons, businesses, and other entities that
are  not  residents  of  the  municipality.  Nothing  in this
Section shall require a municipality to supply any  emergency
medical  services  on  property located outside the corporate
limits of the municipality.

    (65 ILCS 5/11-6-1.1 new)
    Sec. 11-6-1.1.  Firefighting services  outside  corporate
limits.  A  municipality  may  choose to provide firefighting
services  to  property  outside  its  corporate  limits.  The
corporate authorities of each municipality may  fix,  charge,
and  collect  firefighting  service  fees  not  exceeding the
actual cost of the  service  for  all  firefighting  services
rendered by the municipality against persons, businesses, and
other entities that are not residents of the municipality. An
additional charge may be levied to reimburse the municipality
for extraordinary expenses of materials used in rendering the
services.  Nothing in this Section shall impact any agreement
entered into by a municipality and persons,  businesses,  and
other  entities  that  are not residents of the municipality.
Nothing in this  Section  shall  require  a  municipality  to
supply  any firefighting services to property located outside
the corporate limits of the municipality.

    Section 10. The Fire Protection District Act  is  amended
by changing Section 15 as follows:

    (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
    Sec.  15.  Whenever any property within a fire protection
district,  organized  under  this  Act,  does  not  have  the
territorial qualifications described in  Section  1  of  this
Act,  or is not reasonably protected by the district from the
hazards of fire or would receive greater benefit  of  service
from  another  such  district or other municipal corporation,
any legal voter within such district or the owner  or  owners
of such property may detach and disconnect such property from
such fire protection district in the following manner:
    The  owner  or  owners  of such property within such fire
protection district or any legal voter within  such  district
may file his petition in the court in which such district was
organized  setting  forth  therein  the  description  of  the
property  sought to be detached and disconnected, a statement
that the detachment and  disconnection  will  not  cause  the
territory remaining in the district to be noncontiguous; that
the loss of assessed valuation by reason of the disconnection
of such territory will not impair the ability of the district
to  render  fully  adequate  fire  protection  service to the
territory remaining with the  district;  that  the  territory
will  remain  liable  for  its  proportionate  share  of  any
outstanding   bonded    indebtedness  of  the  district;  and
alleging  facts   in   support   of   such   detachment   and
disconnection, and praying that such property be detached and
disconnected   from   such  fire  protection  district.   The
petition shall be signed and sworn to by  the  petitioner  or
petitioners.  For  the  purpose of meeting the requirement of
this Section that the detachment and disconnection  will  not
cause  the remaining territory to be noncontiguous, territory
shall be considered to be contiguous if the  only  separation
between  parts  of  the territory is land owned by the United
States, the State of Illinois, any agency or  instrumentality
of  either,  or  any  regional  airport  authority.  Upon the
filing of such petition, the court shall  set  the  same  for
hearing  on a day not less than 2 weeks nor more than 4 weeks
from the filing thereof and shall give 2 weeks notice of such
hearing in the manner provided in Section 1 of this Act.  The
fire protection district shall be a necessary  party  to  the
proceedings and it shall be served with summons in the manner
prescribed  for  a  party  defendant under the Civil Practice
Law.  All property owners in such district, the district from
which such transfer of territory  is  to  be  made,  and  all
persons  interested  therein  may file objections, and at the
hearing  may  appear   and   contest   the   detachment   and
disconnection  of  the  property  from  such  fire protection
district, and both objectors and petitioners  may  offer  any
competent  evidence  in  regard  thereto.  If the court, upon
hearing such petition, finds that the petition complies  with
this  Act  and  that the allegations of the petition are true
the court shall enter an order  detaching  and  disconnecting
such property from such district, and thereupon such property
shall  cease  to  be a part of such fire protection district,
except that the property remains liable for its proportionate
share  of  any  outstanding    bonded  indebtedness  of   the
district.  The  circuit clerk shall transmit a certified copy
of the order to the county clerk of each county in which  any
of  territory  affected  is situated and to the Office of the
State Fire Marshal.
(Source: P.A. 91-323, eff. 1-1-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

Effective Date: 07/23/03