Sen. John M. Sullivan
Filed: 3/28/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 842 




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    AMENDMENT NO. ______. Amend Senate Bill 842  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Fire Protection District Act is amended  by 
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changing Section 22 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 
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district incorporated
under this Act is authorized under the 
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terms and conditions hereinafter
set out, to provide emergency 
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ambulance service to or from points within
or without the 
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district; to contract with providers of ambulance service;
to 
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combine with other units of governments for the purpose of 
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providing
ambulance service; to levy a tax for the provision of 
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such service and to
adopt rules and regulations relating to 
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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 
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    public health,
safety and general welfare, adequate and 
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    continuing emergency ambulance
service should be available 
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    to every citizen of Illinois;


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        (2) That, insofar as it is economically feasible, 
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    emergency ambulance
service should be provided by private 
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    enterprise; and


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        (3) That, in the event adequate and continuing 
 


 






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    emergency ambulance
services do not exist, fire protection 
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    districts should be authorized to
provide, and shall cause 
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    to be provided, ambulance service as a public 
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    responsibility.

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    (b) Whenever the Board of Trustees of a fire protection 
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district desires
to levy a special tax to provide an ambulance 
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service, it shall certify the
question to the proper election 
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officials, who shall submit that question
at an election to the 
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voters of the district. The result of such referendum
shall be 
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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 
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Board of
Trustees may thereafter levy a special tax at a rate 
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not to exceed .30% of
the value of all taxable property within 
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the district as equalized or
assessed by the Department of 
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Revenue. The proposition shall be in
substantially the 
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following form:

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-------------------------------------------------------------

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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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-------------------------------------------------------------

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    (c) If it appears that a majority of all valid votes cast 
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on the
proposition are in favor of levying a special tax to pay 
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for an ambulance,
the Board of Trustees may levy and collect an 
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annual tax for the purpose of
providing ambulance service under 
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this Act to be extended at a rate not to
exceed .30% of the full 
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fair cash value of the taxable property within the
governmental 
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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 
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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, 
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    corporation or another
governmental unit for the provision 
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    and operation of emergency ambulance
service or subsidize 
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    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 
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    fees for emergency
ambulance service within or outside of 
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    the fire protection district not
exceeding the reasonable 
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    cost of the service;


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        5. Establish necessary regulations not inconsistent 
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    with the statutes
or regulations of the Department of 
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    Public Health relating to ambulance
service;


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        6. The trustees shall have the power identified in 
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    paragraphs 3 and 5
only if the district shall have passed 
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    the referendum provided for herein.

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    (e) When any Board of Trustees is authorized prior to 
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January 1, 1978
to levy and collect an annual tax, for the 
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purpose of providing ambulance
service, at any rate not 
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exceeding .25% of the full fair cash value of the
taxable 
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property within the governmental unit as equalized or assessed 
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by
the Department of Revenue, such Board of Trustees may by

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resolution increase its authority to tax for ambulance purposes 
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to a rate
not to exceed .30%. Such resolution shall be 
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effective 30 days after its
adoption. Notice of such resolution 
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shall be published twice in a  newspaper
having a general 
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circulation within the district at least 20 days and again
at 
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least 10 days prior to the effective date of the resolution.  
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Such notice
shall state that the voters of that fire protection 
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district, which district
shall be described in the notice, have 
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until 30 days after the adoption
of the resolution to file a 
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petition with the Board of Trustees praying
that the question 
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of the adoption of the resolution be submitted to a vote
of the 
 


 






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electors of such territory, and that, if no such petition is 
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filed,
the resolution shall become effective 30 days after its 
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adoption. The
notice also shall state the specific number of 
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voters required to sign the
petition and the date of the 
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prospective referendum. The district secretary
shall provide a 
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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 
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more of the
registered voters of the district, is so filed with 
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the Board of Trustees,
then the question of the adoption of the 
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resolution shall be certified to
the proper election officials, 
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who shall submit the question to a vote of
the electors of the 
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district at an election in accordance with the general
election 
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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 
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the
adoption of the resolution is in favor of adoption. 
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However, if such a
petition is determined to be invalid, the 
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resolution shall take effect.

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    The result of the election shall be entered upon the 
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records of the
district.  If a majority of the voters vote in 
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favor of such resolution,
the resolution shall be effective  
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immediately. The proposition shall be
in substantially the 
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following form:

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-------------------------------------------------------------

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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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-------------------------------------------------------------

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    In this Section, "ambulance service" includes, without 
 


 






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limitation, medical service. This amendatory Act of the 94th 
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General Assembly is declarative of existing law.

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(Source: P.A. 86-1253; 87-767.)".