SB3402ham002 103RD GENERAL ASSEMBLY

Rep. Adam M. Niemerg

Filed: 5/8/2024

10300SB3402ham002 LRB103 38416 AWJ 73161 a

AMENDMENT TO SENATE BILL 3402

AMENDMENT NO. ______. Amend Senate Bill 3402 by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by adding Section 5-1028.2 as follows:

(55 ILCS 5/5-1028.2 new)

Sec. 5-1028.2. Emergency ambulance service. Notwithstanding any other provision of law, a county may, by ordinance, agree to provide emergency ambulance service to any portion of a fire protection district that the county is already providing emergency ambulance service through an intergovernmental agreement. The ordinance to provide emergency ambulance service under this Section must contain an affirmative obligation on the part of the county to provide emergency ambulance service to the fire protection district once the intergovernmental agreement in effect at the time of the ordinance expires.

An ordinance adopted under this Section does not take effect until after the fire protection district adopts a resolution under Section 22.1 of the Fire Protection District Act to discontinue the emergency ambulance service and the intergovernmental agreement for emergency ambulance service between the county and the fire protection district has ended. Upon certification to the county clerk by both the county and the fire protection district that all criteria have been met under this Section and Section 22.1 of the Fire Protection District Act, the tax rate for emergency ambulance service for the area once serviced under the fire protection district for emergency ambulance service shall be the rate the county levies under Section 5-1028.

Section 10. The Fire Protection District Act is amended by adding Section 22.1 as follows:

(70 ILCS 705/22.1 new)

Sec. 22.1. Emergency ambulance service. Notwithstanding any other provision of law, the board of trustees of a fire protection district may, by majority vote of the board of trustees, adopt a resolution to discontinue the district's emergency ambulance service and to discontinue the district's tax upon certification as provided by this Section if a county that is already providing emergency ambulance service through an intergovernmental agreement levies a tax for emergency ambulance service under Section 5-1028 of the Counties Code and the county has, by ordinance, agreed to assume the emergency ambulance service at the expiration of the intergovernmental agreement between the district and county. A resolution adopted under this Section must include an end date of services. Upon certification to the county clerk by both the county and the district that all criteria have been met under this Section and Section 5-1028.2 of the Counties Code, the district may not levy a tax for emergency ambulance service under Section 22 unless the county repeals the ordinance adopted under Section 5-1028.2 and the county's tax adopted under Section 5-1028. If the district elects to no longer provide emergency ambulance service under this Section, the election shall not be construed as affecting the district's authority to levy a tax and provide fire protection service under this Act.

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