Fire Protection
Filed: 5/17/2007
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1 | AMENDMENT TO SENATE BILL 1244
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2 | AMENDMENT NO. ______. Amend Senate Bill 1244 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Township Code is amended by adding Section | ||||||
5 | 14a as follows: | ||||||
6 | (60 ILCS 1/14a new) | ||||||
7 | Sec. 14a. Reimbursement for specialized rescue services. A | ||||||
8 | township that provides fire protection services may fix, | ||||||
9 | charge, and collect reasonable fees for specialized rescue | ||||||
10 | services provided by the township. The total amount collected | ||||||
11 | may not exceed the reasonable cost of providing those | ||||||
12 | specialized rescue services and may not, in any event, exceed | ||||||
13 | $125
per hour per vehicle and $35 per hour per firefighter. The | ||||||
14 | fee may be charged to any of the following parties, but only | ||||||
15 | after there has been a finding of fault against that party by | ||||||
16 | the Occupational Safety and Health Administration or the |
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1 | Illinois Department of Labor: | ||||||
2 | (a) the owner of the property on which the specialized | ||||||
3 | rescue services occurred;
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4 | (b) any person involved in an activity that caused or | ||||||
5 | contributed to the emergency;
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6 | (c) an individual who is rescued during the emergency | ||||||
7 | and his or her employer if the person was acting in | ||||||
8 | furtherance of the employer's interests;
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9 | (d) in cases involving the recovery of property, any | ||||||
10 | person having control or custody of the property at the | ||||||
11 | time of the emergency.
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12 | For the purposes of this Section, the term "specialized | ||||||
13 | rescue services" includes, but is not limited to, structural | ||||||
14 | collapse, tactical rescue, high angle rescue, underwater | ||||||
15 | rescue and recovery, confined space rescue, below grade rescue, | ||||||
16 | and trench rescue.
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17 | Section 10. The Illinois Municipal Code is amended by | ||||||
18 | adding Section 11-6-5 as follows: | ||||||
19 | (65 ILCS 5/11-6-5 new) | ||||||
20 | Sec. 11-6-5. Reimbursement for specialized rescue | ||||||
21 | services. The corporate authorities of a municipality that | ||||||
22 | operates a fire department may fix, charge, and collect | ||||||
23 | reasonable fees for specialized rescue services provided by the | ||||||
24 | department. The total amount collected may not exceed the |
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1 | reasonable cost of providing those specialized rescue services | ||||||
2 | and may not, in any event, exceed $125
per hour per vehicle and | ||||||
3 | $35 per hour per firefighter. The fee may be charged to any of | ||||||
4 | the following parties, but only after there has been a finding | ||||||
5 | of fault against that party by the Occupational Safety and | ||||||
6 | Health Administration or the Illinois Department of Labor: | ||||||
7 | (a) the owner of the property on which the specialized | ||||||
8 | rescue services occurred;
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9 | (b) any person involved in an activity that caused or | ||||||
10 | contributed to the emergency;
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11 | (c) an individual who is rescued during the emergency | ||||||
12 | and his or her employer if the person was acting in | ||||||
13 | furtherance of the employer's interests;
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14 | (d) in cases involving the recovery of property, any | ||||||
15 | person having control or custody of the property at the | ||||||
16 | time of the emergency.
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17 | For the purposes of this Section, the term "specialized | ||||||
18 | rescue services" includes, but is not limited to, structural | ||||||
19 | collapse, tactical rescue, high angle rescue, underwater | ||||||
20 | rescue and recovery, confined space rescue, below grade rescue, | ||||||
21 | and trench rescue.
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22 | Section 15. The Fire Protection District Act is amended by | ||||||
23 | changing Section 22 and by adding Section 25 as follows:
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24 | (70 ILCS 705/22) (from Ch. 127 1/2, par. 38.5)
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1 | Sec. 22. The Board of Trustees of any fire protection | ||||||
2 | district incorporated
under this Act is authorized under the | ||||||
3 | terms and conditions hereinafter
set out, to provide emergency | ||||||
4 | ambulance service to or from points within
or without the | ||||||
5 | district; to contract with providers of ambulance service;
to | ||||||
6 | combine with other units of governments for the purpose of | ||||||
7 | providing
ambulance service; to levy a tax for the provision of | ||||||
8 | such service and to
adopt rules and regulations relating to | ||||||
9 | ambulance service within their
jurisdiction.
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10 | (a) It is declared as a matter of public policy:
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11 | (1) That, in order to preserve, protect and promote the | ||||||
12 | public health,
safety and general welfare, adequate and | ||||||
13 | continuing emergency ambulance
service should be available | ||||||
14 | to every citizen of Illinois;
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15 | (2) That, insofar as it is economically feasible, | ||||||
16 | emergency ambulance
service should be provided by private | ||||||
17 | enterprise; and
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18 | (3) That, in the event adequate and continuing | ||||||
19 | emergency ambulance
services do not exist, fire protection | ||||||
20 | districts should be authorized to
provide, and shall cause | ||||||
21 | to be provided, ambulance service as a public | ||||||
22 | responsibility.
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23 | (b) Whenever the Board of Trustees of a fire protection | ||||||
24 | district desires
to levy a special tax to provide an ambulance | ||||||
25 | service, it shall certify the
question to the proper election | ||||||
26 | officials, who shall submit that question
at an election to the |
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1 | voters of the district. The result of such referendum
shall be | ||||||
2 | entered upon the records of the district. If a majority of the
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3 | votes on the proposition are in favor of such proposition, the | ||||||
4 | Board of
Trustees may thereafter levy a special tax at a rate | ||||||
5 | not to exceed .30% of
the value of all taxable property within | ||||||
6 | the district as equalized or
assessed by the Department of | ||||||
7 | Revenue. The proposition shall be in
substantially the | ||||||
8 | following form:
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9 | -------------------------------------------------------------
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10 | Shall the .... Fire Protection
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11 | District levy a special tax at a rate YES
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12 | not to exceed .30% of the value of all
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13 | taxable property within the district as --------------------
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14 | equalized or assessed by the Department
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15 | of Revenue for the purpose of providing NO
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16 | an ambulance service?
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17 | -------------------------------------------------------------
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18 | (c) If it appears that a majority of all valid votes cast | ||||||
19 | on the
proposition are in favor of levying a special tax to pay | ||||||
20 | for an ambulance,
the Board of Trustees may levy and collect an | ||||||
21 | annual tax for the purpose of
providing ambulance service under | ||||||
22 | this Act to be extended at a rate not to
exceed .30% of the full | ||||||
23 | fair cash value of the taxable property within the
governmental | ||||||
24 | unit as assessed or equalized by the Department of Revenue.
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25 | Such annual tax shall be in addition to the other taxes a fire | ||||||
26 | protection
district may levy for its corporate purposes.
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1 | (d) Any Board of trustees may:
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2 | 1. Provide or operate an emergency ambulance service;
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3 | 2. Contract with a private person, hospital, | ||||||
4 | corporation or another
governmental unit for the provision | ||||||
5 | and operation of emergency ambulance
service or subsidize | ||||||
6 | the service thereof;
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7 | 3. Limit the number of ambulance services;
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8 | 4. Within its jurisdiction, fix, charge and collect | ||||||
9 | fees for emergency
ambulance service within or outside of | ||||||
10 | the fire protection district not
exceeding the reasonable | ||||||
11 | cost of the service;
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12 | 5. Establish necessary regulations not inconsistent | ||||||
13 | with the statutes
or regulations of the Department of | ||||||
14 | Public Health relating to ambulance
service;
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15 | 6. The trustees shall have the power identified in | ||||||
16 | paragraphs 3 and 5
only if the district shall have passed | ||||||
17 | the referendum provided for herein.
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18 | (e) When any Board of Trustees is authorized prior to | ||||||
19 | January 1, 1978
to levy and collect an annual tax, for the | ||||||
20 | purpose of providing ambulance
service, at any rate not | ||||||
21 | exceeding .25% of the full fair cash value of the
taxable | ||||||
22 | property within the governmental unit as equalized or assessed | ||||||
23 | by
the Department of Revenue, such Board of Trustees may by
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24 | resolution increase its authority to tax for ambulance purposes | ||||||
25 | to a rate
not to exceed .30%. Such resolution shall be | ||||||
26 | effective 30 days after its
adoption. Notice of such resolution |
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1 | shall be published twice in a newspaper
having a general | ||||||
2 | circulation within the district at least 20 days and again
at | ||||||
3 | least 10 days prior to the effective date of the resolution. | ||||||
4 | Such notice
shall state that the voters of that fire protection | ||||||
5 | district, which district
shall be described in the notice, have | ||||||
6 | until 30 days after the adoption
of the resolution to file a | ||||||
7 | petition with the Board of Trustees praying
that the question | ||||||
8 | of the adoption of the resolution be submitted to a vote
of the | ||||||
9 | electors of such territory, and that, if no such petition is | ||||||
10 | filed,
the resolution shall become effective 30 days after its | ||||||
11 | adoption. The
notice also shall state the specific number of | ||||||
12 | voters required to sign the
petition and the date of the | ||||||
13 | prospective referendum. The district secretary
shall provide a | ||||||
14 | petition form to any individual requesting one. If such a
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15 | petition, signed by the voters of the district equal to 10% or | ||||||
16 | more of the
registered voters of the district, is so filed with | ||||||
17 | the Board of Trustees,
then the question of the adoption of the | ||||||
18 | resolution shall be certified to
the proper election officials, | ||||||
19 | who shall submit the question to a vote of
the electors of the | ||||||
20 | district at an election in accordance with the general
election | ||||||
21 | law. If such a petition is filed, the resolution does not take
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22 | effect unless a majority of the votes cast upon the question of | ||||||
23 | the
adoption of the resolution is in favor of adoption. | ||||||
24 | However, if such a
petition is determined to be invalid, the | ||||||
25 | resolution shall take effect.
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26 | The result of the election shall be entered upon the |
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1 | records of the
district. If a majority of the voters vote in | ||||||
2 | favor of such resolution,
the resolution shall be effective | ||||||
3 | immediately. The proposition shall be
in substantially the | ||||||
4 | following form:
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5 | -------------------------------------------------------------
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6 | Shall the Board of Trustees of
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7 | the .... Fire Protection District YES
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8 | be authorized to increase the
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9 | special tax for ambulance service
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10 | to a rate not to exceed .30% of ------------------
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11 | the value of all taxable property
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12 | within the district as equalized or
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13 | assessed by the Department of Revenue NO
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14 | for the purpose of providing such service?
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15 | -------------------------------------------------------------
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16 | In this Section, "ambulance service" includes, without | ||||||
17 | limitation, pre-hospital medical services. "Pre-hospital | ||||||
18 | medical services" includes emergency services performed by a | ||||||
19 | paramedic or other on-board emergency personnel that are within | ||||||
20 | the scope of the provider's license. This amendatory Act of the | ||||||
21 | 95th General Assembly is declarative of existing law.
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22 | (Source: P.A. 86-1253; 87-767 .)
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23 | (70 ILCS 705/25 new) | ||||||
24 | Sec. 25. Reimbursement for specialized rescue services. A | ||||||
25 | fire protection district may fix, charge, and collect |
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1 | reasonable fees for specialized rescue services provided by the | ||||||
2 | district. The total amount collected may not exceed the | ||||||
3 | reasonable cost of providing those specialized rescue services | ||||||
4 | and may not, in any event, exceed $125
per hour per vehicle and | ||||||
5 | $35 per hour per firefighter. The fee may be charged to any of | ||||||
6 | the following parties, but only after there has been a finding | ||||||
7 | of fault against that party by the Occupational Safety and | ||||||
8 | Health Administration or the Illinois Department of Labor: | ||||||
9 | (a) the owner of the property on which the specialized | ||||||
10 | rescue services occurred;
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11 | (b) any person involved in an activity that caused or | ||||||
12 | contributed to the emergency;
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13 | (c) an individual who is rescued during the emergency | ||||||
14 | and his or her employer if the person was acting in | ||||||
15 | furtherance of the employer's interests;
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16 | (d) in cases involving the recovery of property, any | ||||||
17 | person having control or custody of the property at the | ||||||
18 | time of the emergency.
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19 | For the purposes of this Section, the term "specialized rescue | ||||||
20 | services" includes, but is not limited to, structural collapse, | ||||||
21 | tactical rescue, high angle rescue, underwater rescue and | ||||||
22 | recovery, confined space rescue, below grade rescue, and trench | ||||||
23 | rescue. ".
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