100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0393

 

Introduced , by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-6-15 new
70 ILCS 705/11n new
430 ILCS 55/5  from Ch. 127 1/2, par. 1005

    Amends the Illinois Municipal Code and Fire Protection District Act. Provides that the corporate authorities of municipalities and the boards of trustees of fire protection districts may fix, charge, and collect reasonable fees not exceeding the reasonable cost of services rendered by the municipality or district for emergency action taken in response to a hazardous material emergency incident. Limits charges to a rate not to exceed $250 per hour and not to exceed $70 per hour per firefighter and for reasonable charges to reimburse the municipality or district for extraordinary expenses of materials used in rendering the services. Excludes charges for vehicles, personnel, or equipment that are not actively being used in response to the emergency incident. Amends the Hazardous Material Emergency Response Reimbursement Act making conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0393LRB100 05577 AWJ 15591 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by adding
5Section 11-6-15 as follows:
 
6    (65 ILCS 5/11-6-15 new)
7    Sec. 11-6-15. Response to hazardous material emergency
8incidents.
9    (a) As used in this Section, "emergency action", "person",
10and "hazardous material" have the meanings provided to those
11terms in Section 3 of the Hazardous Material Emergency Response
12Reimbursement Act.
13    (b) The corporate authorities of municipalities may fix,
14charge, and collect reasonable fees not exceeding the
15reasonable cost of services rendered by a volunteer municipal
16fire department or a volunteer firefighter of any municipal
17fire department for emergency action taken in response to a
18hazardous material emergency incident against all persons for
19whom services have been rendered.
20    (c) The fee for the services shall be computed at a rate
21not to exceed $250 per hour and not to exceed $70 per hour per
22firefighter responding to a call for assistance. An additional
23reasonable charge may be levied to reimburse the municipality

 

 

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1for extraordinary expenses of materials used in rendering the
2services. No fee shall be charged for services or expenses in
3which vehicles, personnel, or equipment are not actively being
4used in response to the emergency incident.
 
5    Section 10. The Fire Protection District Act is amended by
6adding Section 11n as follows:
 
7    (70 ILCS 705/11n new)
8    Sec. 11n. Response to hazardous material emergency
9incidents.
10    (a) As used in this Section, "emergency action", "person",
11and "hazardous material" have the meanings provided to those
12terms in Section 3 of the Hazardous Material Emergency Response
13Reimbursement Act.
14    (b) The board of trustees of a fire protection district may
15fix, charge, and collect reasonable fees not exceeding the
16reasonable cost of services rendered by the district for
17emergency action taken in response to a hazardous material
18emergency incident against all persons for whom services have
19been rendered.
20    (c) The fee for the services shall be computed at a rate
21not to exceed $250 per hour and not to exceed $70 per hour per
22firefighter responding to a call for assistance. An additional
23reasonable charge may be levied to reimburse the district for
24extraordinary expenses of materials used in rendering the

 

 

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1services. No fee shall be charged for services or expenses in
2which vehicles, personnel, or equipment are not actively being
3used in response to the emergency incident.
 
4    Section 15. The Hazardous Material Emergency Response
5Reimbursement Act is amended by changing Section 5 as follows:
 
6    (430 ILCS 55/5)  (from Ch. 127 1/2, par. 1005)
7    Sec. 5. Reimbursement to agencies.
8    (a) It shall be the duty of the responsible party to
9reimburse, within 60 days after the receipt of a bill for the
10hazardous material emergency incident, the emergency response
11agencies responding to a hazardous material emergency
12incident, and any private contractor responding to the incident
13at the request of an emergency response agency, for the costs
14incurred in the course of providing emergency action. The
15corporate authorities of municipalities and the boards of
16trustees of fire protection districts shall bill for all
17emergency response services and expenses in accordance with
18Section 11-6-15 of the Illinois Municipal Code and Section 11n
19of the Fire Protection District Act.
20    (b) In the event that the emergency response agencies are
21not reimbursed by a responsible party as required under
22subsection (a), monies in the Fund, subject to appropriation,
23shall be used to reimburse the emergency response agencies
24providing emergency action at or near the scene of a hazardous

 

 

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1materials emergency incident subject to the following
2limitations:
3        (1) Cost recovery from the Fund is limited to
4    replacement of expended materials including, but not
5    limited to, specialized firefighting foam, damaged hose or
6    other reasonable and necessary supplies.
7        (2) The applicable cost of supplies must exceed 2% of
8    the emergency response agency's annual budget.
9        (3) A minimum of $500 must have been expended.
10        (4) A maximum of $10,000 may be requested per incident.
11        (5) The response was made to an incident involving
12    hazardous materials facilities such as rolling stock which
13    are not in a terminal and which are not included on the
14    property tax roles for the jurisdiction where the incident
15    occurred.
16    (c) Application for reimbursement from the Fund shall be
17made to the State Fire Marshal or his designee. The State Fire
18Marshal shall, through rulemaking, promulgate a standard form
19for such application. The State Fire Marshal shall adopt rules
20for the administration of this Act.
21    (d) Claims against the Fund shall be reviewed by the
22Illinois Fire Advisory Commission at its normally scheduled
23meetings, as the claims are received. The Commission shall be
24responsible for:
25        (1) reviewing claims made against the Fund and
26    determining reasonable and necessary expenses to be

 

 

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1    reimbursed for an emergency response agency:
2        (2) affirming that the emergency response agency has
3    made a reasonable effort to recover expended costs from
4    involved parties; and
5        (3) advising the State Fire Marshal as to those claims
6    against the Fund which merit reimbursement.
7    (e) The State Fire Marshal shall either accept or reject
8the Commission's recommendations as to a claim's eligibility.
9The eligibility decision of the State Fire Marshal shall be a
10final administrative decision, and may be reviewed as provided
11under the Administrative Review Law.
12(Source: P.A. 98-692, eff. 7-1-14.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.