093_HB0120enr HB0120 Enrolled LRB093 03770 MKM 03805 b 1 AN ACT in relation to fire protection. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 2. The Township Code is amended by adding Section 5 30-166 as follows: 6 (60 ILCS 1/30-166 new) 7 Sec. 30-166. Charge against non-residents. 8 (a) The township board of each township may fix, charge, 9 and collect fees not exceeding the reasonable cost of the 10 service for all services rendered by the township against 11 persons, businesses, and other entities who are not residents 12 of the township. 13 (b) The charge may not be assessed against residents of 14 the township or persons who request fire protection coverage 15 for an unprotected area and who pay to the township an amount 16 equal to the township's fire protection tax under Article 200 17 of this Code. 18 (c) The charge for such services shall be computed at a 19 rate not to exceed $125 per hour per vehicle and not to 20 exceed $35 per hour per firefighter responding to a call for 21 assistance. An additional charge may be levied to reimburse 22 the township for extraordinary expenses of materials used in 23 rendering such services. No charge shall be made for services 24 for which the total charge would be less than $50. 25 (d) All revenue from the charges assessed pursuant to 26 this Section shall be deposited into the general fund of the 27 township. 28 Section 5. The Illinois Municipal Code is amended by 29 adding Sections 11-5-7.2 and 11-6-1.1 as follows: HB0120 Enrolled -2- LRB093 03770 MKM 03805 b 1 (65 ILCS 5/11-5-7.2 new) 2 Sec. 11-5-7.2. Emergency medical services outside 3 corporate limits. A municipality may choose to provide 4 emergency medical services on property outside its corporate 5 limits. The corporate authorities of each municipality may 6 fix, charge, and collect emergency medical service fees not 7 exceeding the actual cost of the service for all emergency 8 medical services rendered by the municipality against 9 persons, businesses, and other entities that are not 10 residents of the municipality. An additional charge may be 11 levied to reimburse the municipality for extraordinary 12 expenses of materials used in rendering the services. Nothing 13 in this Section shall impact any agreement entered into by a 14 municipality and persons, businesses, and other entities that 15 are not residents of the municipality. Nothing in this 16 Section shall require a municipality to supply any emergency 17 medical services on property located outside the corporate 18 limits of the municipality. 19 (65 ILCS 5/11-6-1.1 new) 20 Sec. 11-6-1.1. Firefighting services outside corporate 21 limits. A municipality may choose to provide firefighting 22 services to property outside its corporate limits. The 23 corporate authorities of each municipality may fix, charge, 24 and collect firefighting service fees not exceeding the 25 actual cost of the service for all firefighting services 26 rendered by the municipality against persons, businesses, and 27 other entities that are not residents of the municipality. An 28 additional charge may be levied to reimburse the municipality 29 for extraordinary expenses of materials used in rendering the 30 services. Nothing in this Section shall impact any agreement 31 entered into by a municipality and persons, businesses, and 32 other entities that are not residents of the municipality. 33 Nothing in this Section shall require a municipality to HB0120 Enrolled -3- LRB093 03770 MKM 03805 b 1 supply any firefighting services to property located outside 2 the corporate limits of the municipality. 3 Section 10. The Fire Protection District Act is amended 4 by changing Section 15 as follows: 5 (70 ILCS 705/15) (from Ch. 127 1/2, par. 35) 6 Sec. 15. Whenever any property within a fire protection 7 district, organized under this Act, does not have the 8 territorial qualifications described in Section 1 of this 9 Act, or is not reasonably protected by the district from the 10 hazards of fire or would receive greater benefit of service 11 from another such district or other municipal corporation, 12 any legal voter within such district or the owner or owners 13 of such property may detach and disconnect such property from 14 such fire protection district in the following manner: 15 The owner or owners of such property within such fire 16 protection district or any legal voter within such district 17 may file his petition in the court in which such district was 18 organized setting forth therein the description of the 19 property sought to be detached and disconnected, a statement 20 that the detachment and disconnection will not cause the 21 territory remaining in the district to be noncontiguous; that 22 the loss of assessed valuation by reason of the disconnection 23 of such territory will not impair the ability of the district 24 to render fully adequate fire protection service to the 25 territory remaining with the district; that the territory 26 will remain liable for its proportionate share of any 27 outstanding bonded indebtedness of the district; and 28 alleging facts in support of such detachment and 29 disconnection, and praying that such property be detached and 30 disconnected from such fire protection district. The 31 petition shall be signed and sworn to by the petitioner or 32 petitioners. For the purpose of meeting the requirement of HB0120 Enrolled -4- LRB093 03770 MKM 03805 b 1 this Section that the detachment and disconnection will not 2 cause the remaining territory to be noncontiguous, territory 3 shall be considered to be contiguous if the only separation 4 between parts of the territory is land owned by the United 5 States, the State of Illinois, any agency or instrumentality 6 of either, or any regional airport authority. Upon the 7 filing of such petition, the court shall set the same for 8 hearing on a day not less than 2 weeks nor more than 4 weeks 9 from the filing thereof and shall give 2 weeks notice of such 10 hearing in the manner provided in Section 1 of this Act. The 11 fire protection district shall be a necessary party to the 12 proceedings and it shall be served with summons in the manner 13 prescribed for a party defendant under the Civil Practice 14 Law. All property owners in such district, the district from 15 which such transfer of territory is to be made, and all 16 persons interested therein may file objections, and at the 17 hearing may appear and contest the detachment and 18 disconnection of the property from such fire protection 19 district, and both objectors and petitioners may offer any 20 competent evidence in regard thereto. If the court, upon 21 hearing such petition, finds that the petition complies with 22 this Act and that the allegations of the petition are true 23 the court shall enter an order detaching and disconnecting 24 such property from such district, and thereupon such property 25 shall cease to be a part of such fire protection district, 26 except that the property remains liable for its proportionate 27 share of any outstanding bonded indebtedness of the 28 district. The circuit clerk shall transmit a certified copy 29 of the order to the county clerk of each county in which any 30 of territory affected is situated and to the Office of the 31 State Fire Marshal. 32 (Source: P.A. 91-323, eff. 1-1-00.) 33 Section 99. Effective date. This Act takes effect upon HB0120 Enrolled -5- LRB093 03770 MKM 03805 b 1 becoming law.