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Public Act 095-0497 |
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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 | ||||
14a as follows: | ||||
(60 ILCS 1/14a new) | ||||
Sec. 14a. Reimbursement for specialized rescue services. A | ||||
township that provides fire protection services may fix, | ||||
charge, and collect reasonable fees for specialized rescue | ||||
services provided by the township. The total amount collected | ||||
may not exceed the reasonable cost of providing those | ||||
specialized rescue services and may not, in any event, exceed | ||||
$125
per hour per vehicle and $35 per hour per firefighter. The | ||||
fee may be charged to any of the following parties, but only | ||||
after there has been a finding of fault against that party by | ||||
the Occupational Safety and Health Administration or the | ||||
Illinois Department of Labor: | ||||
(a) the owner of the property on which the specialized | ||||
rescue services occurred;
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(b) any person involved in an activity that caused or | ||||
contributed to the emergency;
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(c) an individual who is rescued during the emergency | ||||
and his or her employer if the person was acting in |
furtherance of the employer's interests;
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(d) in cases involving the recovery of property, any | ||
person having control or custody of the property at the | ||
time of the emergency.
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For the purposes of this Section, the term "specialized | ||
rescue services" includes, but is not limited to, structural | ||
collapse, tactical rescue, high angle rescue, underwater | ||
rescue and recovery, confined space rescue, below grade rescue, | ||
and trench rescue.
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Section 10. The Illinois Municipal Code is amended by | ||
adding Section 11-6-5 as follows: | ||
(65 ILCS 5/11-6-5 new) | ||
Sec. 11-6-5. Reimbursement for specialized rescue | ||
services. The corporate authorities of a municipality that | ||
operates a fire department may fix, charge, and collect | ||
reasonable fees for specialized rescue services provided by the | ||
department. The total amount collected may not exceed the | ||
reasonable cost of providing those specialized rescue services | ||
and may not, in any event, exceed $125
per hour per vehicle and | ||
$35 per hour per firefighter. The fee may be charged to any of | ||
the following parties, but only after there has been a finding | ||
of fault against that party by the Occupational Safety and | ||
Health Administration or the Illinois Department of Labor: | ||
(a) the owner of the property on which the specialized |
rescue services occurred;
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(b) any person involved in an activity that caused or | ||
contributed to the emergency;
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(c) an individual who is rescued during the emergency | ||
and his or her employer if the person was acting in | ||
furtherance of the employer's interests;
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(d) in cases involving the recovery of property, any | ||
person having control or custody of the property at the | ||
time of the emergency.
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For the purposes of this Section, the term "specialized | ||
rescue services" includes, but is not limited to, structural | ||
collapse, tactical rescue, high angle rescue, underwater | ||
rescue and recovery, confined space rescue, below grade rescue, | ||
and trench rescue.
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Section 15. The Fire Protection District Act is amended by | ||
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 | ||
district incorporated
under this Act is authorized under the | ||
terms and conditions hereinafter
set out, to provide emergency | ||
ambulance service to or from points within
or without the | ||
district; to contract with providers of ambulance service;
to | ||
combine with other units of governments for the purpose of | ||
providing
ambulance service; to levy a tax for the provision of |
such service and to
adopt rules and regulations relating to | ||
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 | ||
public health,
safety and general welfare, adequate and | ||
continuing emergency ambulance
service should be available | ||
to every citizen of Illinois;
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(2) That, insofar as it is economically feasible, | ||
emergency ambulance
service should be provided by private | ||
enterprise; and
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(3) That, in the event adequate and continuing | ||
emergency ambulance
services do not exist, fire protection | ||
districts should be authorized to
provide, and shall cause | ||
to be provided, ambulance service as a public | ||
responsibility.
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(b) Whenever the Board of Trustees of a fire protection | ||
district desires
to levy a special tax to provide an 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 such referendum
shall be | ||
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 | ||
Board of
Trustees may thereafter levy a special tax at a rate | ||
not to exceed .30% of
the value of all taxable property within | ||
the district as equalized or
assessed by the Department of | ||
Revenue. The proposition shall be in
substantially the |
following form:
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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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(c) If it appears that a majority of all valid votes cast | ||
on the
proposition are in favor of levying a special tax to pay | ||
for an ambulance,
the Board of Trustees may levy and collect an | ||
annual tax for the purpose of
providing ambulance service under | ||
this Act to be extended at a rate not to
exceed .30% of the full | ||
fair cash value of the taxable property within the
governmental | ||
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 | ||
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, | ||
corporation or another
governmental unit for the provision | ||
and operation of emergency ambulance
service or subsidize | ||
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 | ||
fees for emergency
ambulance service within or outside of | ||
the fire protection district not
exceeding the reasonable | ||
cost of the service;
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5. Establish necessary regulations not inconsistent | ||
with the statutes
or regulations of the Department of | ||
Public Health relating to ambulance
service;
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6. The trustees shall have the power identified in | ||
paragraphs 3 and 5
only if the district shall have passed | ||
the referendum provided for herein.
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(e) When any Board of Trustees is authorized prior to | ||
January 1, 1978
to levy and collect an annual tax, for the | ||
purpose of providing ambulance
service, at any rate not | ||
exceeding .25% of the full fair cash value of the
taxable | ||
property within the governmental unit as equalized or assessed | ||
by
the Department of Revenue, such Board of Trustees may by
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resolution increase its authority to tax for ambulance purposes | ||
to a rate
not to exceed .30%. Such resolution shall be | ||
effective 30 days after its
adoption. Notice of such resolution | ||
shall be published twice in a newspaper
having a general | ||
circulation within the district at least 20 days and again
at | ||
least 10 days prior to the effective date of the resolution. | ||
Such notice
shall state that the voters of that fire protection | ||
district, which district
shall be described in the notice, have | ||
until 30 days after the adoption
of the resolution to file a | ||
petition with the Board of Trustees praying
that the question |
of the adoption of the resolution be submitted to a vote
of the | ||
electors of such territory, and that, if no such petition is | ||
filed,
the resolution shall become effective 30 days after its | ||
adoption. The
notice also shall state the specific number of | ||
voters required to sign the
petition and the date of the | ||
prospective referendum. The district secretary
shall provide a | ||
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 | ||
more of the
registered voters of the district, is so filed with | ||
the Board of Trustees,
then the question of the adoption of the | ||
resolution shall be certified to
the proper election officials, | ||
who shall submit the question to a vote of
the electors of the | ||
district at an election in accordance with the general
election | ||
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 | ||
the
adoption of the resolution is in favor of adoption. | ||
However, if such a
petition is determined to be invalid, the | ||
resolution shall take effect.
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The result of the election shall be entered upon the | ||
records of the
district. If a majority of the voters vote in | ||
favor of such resolution,
the resolution shall be effective | ||
immediately. The proposition shall be
in substantially the | ||
following form:
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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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In this Section, "ambulance service" includes, without | ||
limitation, pre-hospital medical services. "Pre-hospital | ||
medical services" includes emergency services performed by a | ||
paramedic or other on-board emergency personnel that are within | ||
the scope of the provider's license. This amendatory Act of the | ||
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) | ||
Sec. 25. Reimbursement for specialized rescue services. A | ||
fire protection district may fix, charge, and collect | ||
reasonable fees for specialized rescue services provided by the | ||
district. The total amount collected may not exceed the | ||
reasonable cost of providing those specialized rescue services | ||
and may not, in any event, exceed $125
per hour per vehicle and | ||
$35 per hour per firefighter. The fee may be charged to any of | ||
the following parties, but only after there has been a finding | ||
of fault against that party by the Occupational Safety and |
Health Administration or the Illinois Department of Labor: | ||
(a) the owner of the property on which the specialized | ||
rescue services occurred;
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(b) any person involved in an activity that caused or | ||
contributed to the emergency;
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(c) an individual who is rescued during the emergency | ||
and his or her employer if the person was acting in | ||
furtherance of the employer's interests;
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(d) in cases involving the recovery of property, any | ||
person having control or custody of the property at the | ||
time of the emergency.
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For the purposes of this Section, the term "specialized | ||
rescue services" includes, but is not limited to, structural | ||
collapse, tactical rescue, high angle rescue, underwater | ||
rescue and recovery, confined space rescue, below grade rescue, | ||
and trench rescue.
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