Full Text of HB4959 93rd General Assembly
HB4959ham002 93RD GENERAL ASSEMBLY
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Rep. Mike Bost
Filed: 3/23/2004
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| AMENDMENT TO HOUSE BILL 4959
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| AMENDMENT NO. ______. Amend House Bill 4959 on page 1, | 3 |
| immediately below line 3, by inserting following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Technical Rescue Team Response Reimbursement Act. | 6 |
| Section 5. Intent. The General Assembly finds that the cost | 7 |
| to fire departments and fire protection districts for training, | 8 |
| equipping, and using technical rescue teams is high and beyond | 9 |
| a basic level of service. It is the intent of the General | 10 |
| Assembly to establish the Technical Rescue Team Reimbursement | 11 |
| Fund to alleviate the financial hardships imposed upon any | 12 |
| community that uses technical rescue teams to respond to | 13 |
| emergency incidents. | 14 |
| Section 10. Definitions. In this Act: | 15 |
| "Emergency action" means any action taken at or near the | 16 |
| scene of an emergency incident to prevent or minimize harm to | 17 |
| human health, to property, or to the environment. | 18 |
| "Emergency response agency" means a fire department or | 19 |
| volunteer fire protection organization that provides | 20 |
| firefighting services, emergency rescue services, or emergency | 21 |
| medical services. | 22 |
| "Person" means an individual, a corporation, a | 23 |
| partnership, an unincorporated association, or any unit of |
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| federal, State, or local government. | 2 |
| "Responsible party" means any person who is responsible for | 3 |
| causing the need for technical rescue team services from an | 4 |
| emergency response agency. | 5 |
| "Technical rescue team" means any State or Mutual Aid Box | 6 |
| Alarm System (MABAS) technical rescue team providing | 7 |
| specialized rescue services. | 8 |
| Section 15. Creation of Fund. The Technical Rescue Team | 9 |
| Reimbursement Fund is hereby created as a special fund in the | 10 |
| State Treasury. | 11 |
| Section 20. Reimbursement to agencies. | 12 |
| (a) It shall be the duty of the responsible party to | 13 |
| reimburse, in a timely and reasonable manner, the emergency | 14 |
| response agencies responding to an emergency incident for the | 15 |
| costs incurred in using technical response teams to provide | 16 |
| emergency action. All responsible parties shall be jointly and | 17 |
| severally liable for the costs incurred in using technical | 18 |
| response teams to provide emergency action. | 19 |
| (b) If the emergency response agencies are not reimbursed | 20 |
| by a responsible party, then moneys in the Technical Rescue | 21 |
| Team Reimbursement Fund shall be used to reimburse emergency | 22 |
| response agencies for the cost of using technical rescue teams | 23 |
| to provide emergency action. | 24 |
| (c) Application for reimbursement from the Fund shall be | 25 |
| made to the State Fire Marshal or his or her designee. The | 26 |
| State Fire Marshal shall establish a standard form for the | 27 |
| application and promulgate rules for the administration of this | 28 |
| Act. | 29 |
| Section 25. Reimbursement to the Fund. | 30 |
| (a) The responsible party shall reimburse the Fund for | 31 |
| money provided by the Fund to emergency response agencies as |
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| the result of the failure of the responsible party to reimburse | 2 |
| the emergency response agencies, as required under Section 20. | 3 |
| (b) A voluntary contribution to the Fund or directly to an | 4 |
| emergency response agency does not constitute an admission of | 5 |
| responsibility relative to this Act or to any other State or | 6 |
| federal laws, rules, or regulations. | 7 |
| (c) If no party to the incident provides reimbursement to | 8 |
| the emergency response agency or to the Fund, the Attorney | 9 |
| General may, at the request of the State Fire Marshal, | 10 |
| institute a civil action to recover costs. | 11 |
| (d) If the emergency response agency receives payment from | 12 |
| any responsible party or the federal government, the emergency | 13 |
| response agency shall pay into the Fund an amount equal to any | 14 |
| reimbursement received from the Fund for that incident. | 15 |
| Section 30. Administrative panel. | 16 |
| (a) An administrative panel, consisting of 7 members, shall | 17 |
| be formed by the State Fire Marshal for the purposes described | 18 |
| in this Section. Members shall serve without compensation but | 19 |
| shall be reimbursed from the Fund for their reasonable expenses | 20 |
| incurred in the performance of their duties under this Act. The | 21 |
| State Fire Marshal or his or her designee shall serve as | 22 |
| chairman of the panel for an indeterminate term of years. The | 23 |
| chairman shall appoint 6 members to the panel who shall serve | 24 |
| for a term of not more than 2 years. The appointed members | 25 |
| shall consist of: | 26 |
| (1) Three members who are representatives of emergency | 27 |
| response agencies; | 28 |
| (2) Four members who are not representatives of | 29 |
| emergency response agencies. | 30 |
| (b) The panel shall meet at quarterly intervals each year. | 31 |
| The chairman, at his discretion, may schedule additional | 32 |
| meetings to meet the needs of the panel. | 33 |
| (c) The panel shall be responsible for: |
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| (1) Reviewing claims made against the Fund and | 2 |
| determining (i) the identity of all responsible parties and | 3 |
| (ii) reasonable and necessary expenses to be reimbursed to | 4 |
| an emergency response agency; and | 5 |
| (2) Affirming that the emergency response agency has | 6 |
| made a reasonable effort to recover expended costs from the | 7 |
| involved parties. | 8 |
| (d) Final decisions of the panel may be reviewed in | 9 |
| accordance with the Administrative Review Law."; and
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| on page 1, line 4, by changing "Section 5" to "Section 90"; and | 11 |
| on page 2, immediately below line 8, by inserting the | 12 |
| following: | 13 |
| "Section 99. The State Finance Act is amended by adding | 14 |
| Section
5.625 as follows:
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| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Technical Rescue Team Response Fund. ".
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