Illinois General Assembly - Full Text of HB4179
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Full Text of HB4179  103rd General Assembly

HB4179 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4179

 

Introduced 10/25/2023, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2005/2.5
70 ILCS 2005/4  from Ch. 85, par. 6854
70 ILCS 2005/11
70 ILCS 2005/11.3
70 ILCS 2005/11.4
70 ILCS 2005/11.5

    Amends the Rescue Squad Districts Act, which is becoming the Emergency Services District Act on January 1, 2024. Increases the amount of the levy that a district may initially levy upon formation of the district from .20% to .40%. Provides that districts organized before January 1, 2024 may, by ordinance or resolution, increase the tax rate authorized by their organizational proposition by up to .20% (but no more than a .40% tax rate in the aggregate, including the amount levied under the organization proposition). Provides that the aggregate amount of all district tax levies may not exceed .80% (with no more than .40% authorized by the organizational referendum and .40% authorized by an ambulance service tax referendum). Provides that the board of trustees of a district may fix, charge, and collect fees not exceeding the reasonable cost of the service for ambulance services rendered by the district within or outside of the district (rather than fix, charge, and collect fees against persons who are not residents of the district and against businesses and other entities that are not located within the district). Removes a provision setting fee amounts at a rate not to exceed $250 per hour and not to exceed $70 per hour per ambulance worker responding to a call for assistance. Provides that the fee that may be charged to reimburse the district for extraordinary expenses of materials used in rendering ambulance services may be up to the reasonable cost of the materials. Effective immediately.


LRB103 34777 AWJ 64627 b

 

 

A BILL FOR

 

HB4179LRB103 34777 AWJ 64627 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 Rescue Squad Districts Act is amended by
5changing Sections 2.5, 4, 11, 11.3, 11.4, and 11.5 as follows:
 
6    (70 ILCS 2005/2.5)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    Sec. 2.5. Rescue squad district continuance. A rescue
10squad district organized under this Act before January 1, 2024
11(the effective date of Public Act 103-134) this amendatory Act
12of the 103rd General Assembly may (i) continue to be named a
13rescue squad district or be renamed an emergency services
14district by ordinance of the board of trustees of the
15district, (ii) operate under the provisions of this Act as if
16it was they were organized as an emergency services district,
17and (iii) continue exercising taxing authority granted to it
18that was approved before the effective date of this amendatory
19Act of the 103rd General Assembly, and (iv) increase, by
20ordinance or resolution, the tax rate authorized by its
21organizational proposition under Section 4 by up to an
22additional .20%. However, the aggregate tax authorized to be
23levied for any one year under Section 4, including the amount

 

 

HB4179- 2 -LRB103 34777 AWJ 64627 b

1levied under the organizational proposition, shall not exceed
2.40% of value, as equalized or assessed by the Department of
3Revenue and the taxes may be used for any purpose allowed under
4this Act. The taxes authorized under this Section may be used
5for any purpose allowed under this Act, including, but not
6limited to, ambulance service.
7(Source: P.A. 103-134, eff. 1-1-24.)
 
8    (70 ILCS 2005/4)  (from Ch. 85, par. 6854)
9    (Text of Section before amendment by P.A. 103-134)
10    Sec. 4. The determination of the court as to the necessity
11for the organization of the proposed rescue squad district,
12together with the description of the boundaries of the
13district as fixed by the court, shall be entered of record in
14the court. Thereupon the court shall certify the question of
15the organization of the territory included within the
16boundaries fixed by it as a rescue squad district to the proper
17election officials, who shall submit the question to the legal
18voters resident within the territory at an election to be held
19in the district. Notice of the referendum shall be given and
20the referendum conducted in the manner provided by the general
21election law. The notice of the election shall state the
22purpose of the referendum, describe the territory proposed to
23be organized as a rescue squad district, and state the time of
24the election.
25    The proposition shall be in substantially the following

 

 

HB4179- 3 -LRB103 34777 AWJ 64627 b

1form:
2--------------------------------------------------------
3    Shall this territory (describing
4it) be organized as The ...........               YES
5Rescue Squad District and shall the
6District be authorized to levy and     ----------------------
7collect a property tax not to exceed
8.40% .20% on the property situated in the              NO
9District?
10-------------------------------------------------------------
11    The court shall cause a statement of the result to be
12entered of record in the court.
13(Source: P.A. 86-916.)
 
14    (Text of Section after amendment by P.A. 103-134)
15    Sec. 4. The determination of the court as to the necessity
16for the organization of the proposed emergency services
17district, together with the description of the boundaries of
18the district as fixed by the court, shall be entered of record
19in the court. Thereupon the court shall certify the question
20of the organization of the territory included within the
21boundaries fixed by it as an emergency services district to
22the proper election officials, who shall submit the question
23to the legal voters resident within the territory at an
24election to be held in the district. Notice of the referendum
25shall be given and the referendum conducted in the manner

 

 

HB4179- 4 -LRB103 34777 AWJ 64627 b

1provided by the general election law. The notice of the
2election shall state the purpose of the referendum, describe
3the territory proposed to be organized as an emergency
4services district, and state the time of the election.
5    The proposition shall be in substantially the following
6form:
7--------------------------------------------------------
8    Shall this territory (describing
9it) be organized as The ...........               YES
10Emergency Services
11District and shall the
12District be authorized to levy and     ----------------------
13collect a property tax not to exceed
14.40% .20% on the property situated in the              NO
15District?
16-------------------------------------------------------------
17    The court shall cause a statement of the result to be
18entered of record in the court.
19(Source: P.A. 103-134, eff. 1-1-24.)
 
20    (70 ILCS 2005/11)
21    (Text of Section before amendment by P.A. 103-134)
22    Sec. 11. Property tax; fees.
23    (a) A rescue squad district organized under this Act may
24levy and collect a general tax on the property situated in the
25district, but the aggregate amount of taxes levied for any one

 

 

HB4179- 5 -LRB103 34777 AWJ 64627 b

1year shall not exceed the rate of .80% .20% of value, as
2equalized or assessed by the Department of Revenue, with no
3more than half of the rate (.40%) authorized under paragraph
4(iv) of Section 2.5, Section 4, or both and half of the rate
5(.40%) under Section 11.5. The board of trustees shall
6determine and certify the amount to be levied and shall return
7the same to the county clerk. The limitation upon the tax rate
8may be increased or decreased under the referendum provisions
9of the General Revenue Law of Illinois.
10    In case the district is located in more than one county,
11the board of trustees shall determine and certify the amount
12to be levied upon the taxable property lying in each county and
13return the same to the respective county clerks of the
14counties in which the amount is to be levied. In order to
15determine the amount to be levied upon the taxable property of
16that part of the district lying in each county, the board shall
17ascertain from the county clerk of the respective counties in
18which the district lies the last ascertained equalized value
19of the taxable property of the district lying in their
20respective counties, then shall ascertain the rate per cent
21required and shall, accordingly, apportion the whole amount to
22be raised between the several parts of the district so lying in
23the different counties. The tax provided for in this Section
24shall be levied at the same time and in the same manner as
25nearly as practicable as taxes are now levied for municipal
26purposes under the laws of this State.

 

 

HB4179- 6 -LRB103 34777 AWJ 64627 b

1    All general taxes under this Act, when collected, shall be
2paid over to the treasurer of the board of trustees, who is
3authorized to receive and receipt for the same.
4    (b) A rescue squad district organized under this Act may
5fix, charge, and collect fees for rescue squad services and
6ambulance services within or outside of the rescue squad
7district not exceeding the reasonable cost of the service.
8(Source: P.A. 103-174, eff. 6-30-23.)
 
9    (Text of Section after amendment by P.A. 103-134)
10    Sec. 11. Property tax; fees.
11    (a) An emergency services district organized under this
12Act may levy and collect a general tax on the property situated
13in the district, but the aggregate amount of taxes levied for
14any one year under this Act shall not exceed the rate of .80%
15.20% of value, as equalized or assessed by the Department of
16Revenue, with no more than half of the rate (.40%) authorized
17under paragraph (iv) of Section 2.5, Section 4, or both and
18half of the rate (.40%) authorized under Section 11.5. The
19board of trustees shall determine and certify the amount to be
20levied and shall return the same to the county clerk. The
21limitation upon the tax rate may be increased or decreased
22under the referendum provisions of the General Revenue Law of
23Illinois.
24    In case the district is located in more than one county,
25the board of trustees shall determine and certify the amount

 

 

HB4179- 7 -LRB103 34777 AWJ 64627 b

1to be levied upon the taxable property lying in each county and
2return the same to the respective county clerks of the
3counties in which the amount is to be levied. In order to
4determine the amount to be levied upon the taxable property of
5that part of the district lying in each county, the board shall
6ascertain from the county clerk of the respective counties in
7which the district lies the last ascertained equalized value
8of the taxable property of the district lying in their
9respective counties, then shall ascertain the rate per cent
10required and shall, accordingly, apportion the whole amount to
11be raised between the several parts of the district so lying in
12the different counties. The tax provided for in this Section
13shall be levied at the same time and in the same manner as
14nearly as practicable as taxes are now levied for municipal
15purposes under the laws of this State.
16    All general taxes under this Act, when collected, shall be
17paid over to the treasurer of the board of trustees, who is
18authorized to receive and receipt for the same.
19    (b) An emergency services A rescue squad district
20organized under this Act may fix, charge, and collect fees for
21district rescue squad services and ambulance services within
22or outside of the rescue squad district not exceeding the
23reasonable cost of the service.
24(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;
25revised 9-5-23.)
 

 

 

HB4179- 8 -LRB103 34777 AWJ 64627 b

1    (70 ILCS 2005/11.3)
2    (This Section may contain text from a Public Act with a
3delayed effective date)
4    Sec. 11.3. Ambulance service.
5    (a) The board of trustees may provide ambulance service to
6or from points within or without the district, contract with
7providers of ambulance service, combine with other units of
8local government for the purpose of providing ambulance
9service, and adopt rules and regulations relating to ambulance
10service within the board's jurisdiction.
11    (b) The board of trustees may:
12        (1) contract with a private person, hospital,
13    corporation, or another governmental unit for the
14    provision and operation of ambulance service or subsidize
15    the ambulance service;
16        (2) limit the number of ambulance services by
17    referendum;
18        (3) within its jurisdiction, fix, charge, and collect
19    fees for ambulance service within or outside of the fire
20    protection district not exceeding the reasonable cost of
21    the service; and
22        (4) establish necessary regulations not inconsistent
23    with the statutes or regulations of the Department of
24    Public Health relating to ambulance service.
25    The board of trustees may limit the number of ambulances
26under paragraph (2) or establish regulations under paragraph

 

 

HB4179- 9 -LRB103 34777 AWJ 64627 b

1(4) if a referendum under Section 11.5 has been approved.
2(Source: P.A. 103-134, eff. 1-1-24.)
 
3    (70 ILCS 2005/11.4)
4    (This Section may contain text from a Public Act with a
5delayed effective date)
6    Sec. 11.4. Charge for ambulance service.
7    (a) The board of trustees of a district may fix, charge,
8and collect fees not exceeding the reasonable cost of the
9service for ambulance services rendered by the district within
10or outside of the district against persons who are not
11residents of the district and against businesses and other
12entities that are not located within the district.
13    (b) A fee charged under subsection (a) shall be computed
14at a rate not to exceed $250 per hour and not to exceed $70 per
15hour per ambulance worker responding to a call for assistance.
16An additional fee may be charged to reimburse the district for
17extraordinary expenses of materials used in rendering
18ambulance services up to the reasonable cost of the materials.
19No charge shall be made for services for which the total charge
20would be less than $50.
21    (c) All revenue from the fees charged under this Section
22shall be deposited to the district's general fund.
23(Source: P.A. 103-134, eff. 1-1-24.)
 
24    (70 ILCS 2005/11.5)

 

 

HB4179- 10 -LRB103 34777 AWJ 64627 b

1    (Text of Section before amendment by P.A. 103-134)
2    Sec. 11.5. Ambulance service tax. Whenever the board of
3trustees of a rescue squad district desires to levy a special
4tax to provide an ambulance service or support an existing
5ambulance service, it shall certify the question to the proper
6election officials, who shall submit that question at an
7election to the voters of the district. The result of the
8referendum shall be entered upon the records of the district.
9If a majority of the votes on the question are in favor of the
10question, the board of trustees may then levy a special tax at
11a rate not to exceed 0.40% of the value of all taxable property
12within the district as equalized or assessed by the Department
13of Revenue. The question shall be in substantially the
14following form:
15----------------------------------------------
16    Shall the .... Rescue Squad
17District levy a special tax at a rate          YES
18not to exceed 0.40% of the value of all
19taxable property within the district          ---------------
20as equalized or assessed by the
21Department of Revenue for the purpose          NO
22of providing or supporting an ambulance
23service?
24-------------------------------------------------------------
25    The aggregate percentage of all tax levies that a district
26may levy under this Act may not exceed the aggregate

 

 

HB4179- 11 -LRB103 34777 AWJ 64627 b

1percentage limitation under Section 11.
2(Source: P.A. 100-1120, eff. 1-1-19.)
 
3    (Text of Section after amendment by P.A. 103-134)
4    Sec. 11.5. Ambulance service tax. Whenever the board of
5trustees of an emergency services district desires to levy a
6special tax to provide an ambulance service or support an
7existing ambulance service, it shall certify the question to
8the proper election officials, who shall submit that question
9at an election to the voters of the district. The result of the
10referendum shall be entered upon the records of the district.
11If a majority of the votes on the question are in favor of the
12question, the board of trustees may then levy a special tax at
13a rate not to exceed 0.40% of the value of all taxable property
14within the district as equalized or assessed by the Department
15of Revenue. The question shall be in substantially the
16following form:
17----------------------------------------------
18    Shall the ....
19Emergency Services
20District levy a special tax at a rate             YES
21not to exceed 0.40% of the value of all
22taxable property within the district        -----------------
23as equalized or assessed by the
24Department of Revenue for the purpose             NO
25of providing or supporting an ambulance

 

 

HB4179- 12 -LRB103 34777 AWJ 64627 b

1service?
2-------------------------------------------------------------
3    The A tax levied under Section 4 11 may be used for
4ambulance services as well as a tax levied under this Section.
5The aggregate percentage of all tax levies that a district may
6levy under this Act
may not exceed the aggregate percentage
7limitation under Section 11.
8(Source: P.A. 103-134, eff. 1-1-24.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.