Full Text of HB4179 103rd General Assembly
HB4179sam001 103RD GENERAL ASSEMBLY | Sen. Tom Bennett Filed: 5/14/2024 | | 10300HB4179sam001 | | LRB103 34777 AWJ 73489 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4179
| 2 | | AMENDMENT NO. ______. Amend House Bill 4179 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Emergency Services Districts Act is | 5 | | amended by changing Sections 2.5, 4, 11, 11.3, 11.4, and 11.5 | 6 | | as follows: | 7 | | (70 ILCS 2005/2.5) | 8 | | Sec. 2.5. Rescue squad district continuance. A rescue | 9 | | squad district organized under this Act before January 1, 2024 | 10 | | ( the effective date of Public Act 103-134) this amendatory Act | 11 | | of the 103rd General Assembly may (i) continue to be named a | 12 | | rescue squad district or be renamed an emergency services | 13 | | district by ordinance of the board of trustees of the | 14 | | district, (ii) operate under the provisions of this Act as if | 15 | | it was they were organized as an emergency services district, | 16 | | and (iii) continue exercising taxing authority granted to it |
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| 1 | | that was approved before January 1, 2024, and (iv) for a | 2 | | district in counties other than Cook County, DuPage County, | 3 | | Kane County, Lake County, McHenry County, or Will County, | 4 | | increase, by referendum, the tax rate authorized by its | 5 | | organizational proposition under Section 4 by up to an | 6 | | additional 0.20%. However, the aggregate tax authorized to be | 7 | | levied for any one year under Section 4, including the amount | 8 | | levied under the organizational proposition, shall not exceed | 9 | | 0.20% of value for a district in Cook County, DuPage County, | 10 | | Kane County, Lake County, McHenry County, or Will County or | 11 | | 0.40% of value for a district in counties other than Cook | 12 | | County, DuPage County, Kane County, Lake County, McHenry | 13 | | County, or Will County, as equalized or assessed by the | 14 | | Department of Revenue. The taxes authorized under this Section | 15 | | may be used for any purpose allowed under this Act, including, | 16 | | but not limited to, ambulance service. the effective date of | 17 | | this amendatory Act of the 103rd General Assembly and the | 18 | | taxes may be used for any purpose allowed under this Act. | 19 | | (Source: P.A. 103-134, eff. 1-1-24 .) | 20 | | (70 ILCS 2005/4) (from Ch. 85, par. 6854) | 21 | | Sec. 4. The determination of the court as to the necessity | 22 | | for the organization of the proposed emergency services | 23 | | district, together with the description of the boundaries of | 24 | | the district as fixed by the court, shall be entered of record | 25 | | in the court. Thereupon the court shall certify the question |
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| 1 | | of the organization of the territory included within the | 2 | | boundaries fixed by it as an emergency services district to | 3 | | the proper election officials, who shall submit the question | 4 | | to the legal voters resident within the territory at an | 5 | | election to be held in the district. Notice of the referendum | 6 | | shall be given and the referendum conducted in the manner | 7 | | provided by the general election law. The notice of the | 8 | | election shall state the purpose of the referendum, describe | 9 | | the territory proposed to be organized as an emergency | 10 | | services district, and state the time of the election. | 11 | | The proposition shall be in substantially the following | 12 | | form: | 13 | | --------------------------------------------------------
| 14 | | Shall this territory (describing
| 15 | | it) be organized as The ........... YES
| 16 | | Emergency Services
| 17 | | District and shall the
| 18 | | District be authorized to levy and ----------------------
| 19 | | collect a property tax not to exceed
| 20 | | [0.20%/0.40%, as applicable] .20%
| 21 | | on the property situated in the NO
| 22 | | District?
| 23 | | ------------------------------------------------------------- | 24 | | The court shall cause a statement of the result to be | 25 | | entered of record in the court. | 26 | | (Source: P.A. 103-134, eff. 1-1-24 .) |
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| 1 | | (70 ILCS 2005/11) | 2 | | Sec. 11. Property tax; fees. | 3 | | (a) An emergency services district organized under this | 4 | | Act may levy and collect a general tax on the property situated | 5 | | in the district, but the aggregate amount of taxes levied for | 6 | | any one year under this Act shall not exceed the rate of 0.20% | 7 | | .20% of value for a district in Cook County, DuPage County, | 8 | | Kane County, Lake County, McHenry County, or Will County or | 9 | | 0.80% of value for a district in counties other than Cook | 10 | | County, DuPage County, Kane County, Lake County, McHenry | 11 | | County, or Will County , as equalized or assessed by the | 12 | | Department of Revenue . For a district in a county other than | 13 | | Cook County, DuPage County, Kane County, Lake County, McHenry | 14 | | County, or Will County, no more than half of the rate (0.40%) | 15 | | may be authorized under paragraph (iv) of Section 2.5, Section | 16 | | 4, or both and half of the rate (0.40%) under Section 11.5 . The | 17 | | board of trustees shall determine and certify the amount to be | 18 | | levied and shall return the same to the county clerk. The | 19 | | limitation upon the tax rate may be increased or decreased | 20 | | under the referendum provisions of the General Revenue Law of | 21 | | Illinois. | 22 | | In case the district is located in more than one county, | 23 | | the board of trustees shall determine and certify the amount | 24 | | to be levied upon the taxable property lying in each county and | 25 | | return the same to the respective county clerks of the |
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| 1 | | counties in which the amount is to be levied. In order to | 2 | | determine the amount to be levied upon the taxable property of | 3 | | that part of the district lying in each county, the board shall | 4 | | ascertain from the county clerk of the respective counties in | 5 | | which the district lies the last ascertained equalized value | 6 | | of the taxable property of the district lying in their | 7 | | respective counties, then shall ascertain the rate per cent | 8 | | required and shall, accordingly, apportion the whole amount to | 9 | | be raised between the several parts of the district so lying in | 10 | | the different counties. The tax provided for in this Section | 11 | | shall be levied at the same time and in the same manner as | 12 | | nearly as practicable as taxes are now levied for municipal | 13 | | purposes under the laws of this State. | 14 | | All general taxes under this Act, when collected, shall be | 15 | | paid over to the treasurer of the board of trustees, who is | 16 | | authorized to receive and receipt for the same. | 17 | | (b) An emergency services A rescue squad district | 18 | | organized under this Act may fix, charge, and collect fees for | 19 | | district rescue squad services and ambulance services within | 20 | | or outside of the rescue squad district not exceeding the | 21 | | reasonable cost of the service. | 22 | | (Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23; | 23 | | revised 12-12-23.) | 24 | | (70 ILCS 2005/11.3) | 25 | | Sec. 11.3. Ambulance service. |
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| 1 | | (a) The board of trustees may provide ambulance service to | 2 | | or from points within or without the district, contract with | 3 | | providers of ambulance service, combine with other units of | 4 | | local government for the purpose of providing ambulance | 5 | | service, and adopt rules and regulations relating to ambulance | 6 | | service within the board's jurisdiction. | 7 | | (b) The board of trustees may: | 8 | | (1) contract with a private person, hospital, | 9 | | corporation, or another governmental unit for the | 10 | | provision and operation of ambulance service or subsidize | 11 | | the ambulance service; | 12 | | (2) limit the number of ambulance services by | 13 | | referendum; | 14 | | (3) within its jurisdiction, fix, charge, and collect | 15 | | fees for ambulance service within or outside of the fire | 16 | | protection district not exceeding the reasonable cost of | 17 | | the service; and | 18 | | (4) establish necessary regulations not inconsistent | 19 | | with the statutes or regulations of the Department of | 20 | | Public Health relating to ambulance service. | 21 | | The board of trustees may limit the number of ambulances | 22 | | under paragraph (2) or establish regulations under paragraph | 23 | | (4) if a referendum under Section 11.5 has been approved. | 24 | | (Source: P.A. 103-134, eff. 1-1-24 .) | 25 | | (70 ILCS 2005/11.4) |
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| 1 | | Sec. 11.4. Charge for ambulance service. | 2 | | (a) The board of trustees of a district may fix, charge, | 3 | | and collect fees not exceeding the reasonable cost of the | 4 | | service for ambulance services rendered by the district within | 5 | | or outside of the district against persons who are not | 6 | | residents of the district and against businesses and other | 7 | | entities that are not located within the district . | 8 | | (b) A fee charged to an individual patient under | 9 | | subsection (a) shall be computed at a rate not to exceed $250 | 10 | | per hour and not to exceed $70 per hour per ambulance worker | 11 | | responding to a call for assistance. This limitation does not | 12 | | apply to a third-party payer, and the third-party payer shall | 13 | | pay the charges set in subsection (a). An additional fee may be | 14 | | charged to reimburse the district for documented extraordinary | 15 | | expenses of materials used in rendering ambulance services up | 16 | | to the reasonable cost of the materials, personnel, and | 17 | | operating costs . No charge shall be made for services for | 18 | | which the total charge would be less than $50. | 19 | | As used in this subsection, "third-party payer" means an | 20 | | entity that provides an insurance, medical service, or health | 21 | | plan by contract or agreement, including an automobile | 22 | | liability insurance or no fault insurance carrier, and any | 23 | | other plan or program that is designed to provide compensation | 24 | | or coverage for expenses incurred by a beneficiary for health | 25 | | care services or products. | 26 | | (c) All revenue from the fees charged under this Section |
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| 1 | | shall be deposited to the district's general fund. | 2 | | (Source: P.A. 103-134, eff. 1-1-24 .) | 3 | | (70 ILCS 2005/11.5) | 4 | | Sec. 11.5. Ambulance service tax. Whenever the board of | 5 | | trustees of an emergency services district desires to levy a | 6 | | special tax to provide an ambulance service or support an | 7 | | existing ambulance service, it shall certify the question to | 8 | | the proper election officials, who shall submit that question | 9 | | at an election to the voters of the district. The result of the | 10 | | referendum shall be entered upon the records of the district. | 11 | | If a majority of the votes on the question are in favor of the | 12 | | question, the board of trustees may then levy a special tax at | 13 | | a rate not to exceed 0.40% of the value of all taxable property | 14 | | within the district as equalized or assessed by the Department | 15 | | of Revenue. The question shall be in substantially the | 16 | | following form: | 17 | | ----------------------------------------------
| 18 | | Shall the ....
| 19 | | Emergency Services
| 20 | | District levy a special tax at a rate YES
| 21 | | not to exceed 0.40% of the value of all
| 22 | | taxable property within the district -----------------
| 23 | | as equalized or assessed by the
| 24 | | Department of Revenue for the purpose NO
| 25 | | of providing or supporting an ambulance
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| 1 | | service?
| 2 | | ------------------------------------------------------------- | 3 | | The A tax levied under Section 4 11 may be used for | 4 | | ambulance services as well as a tax levied under this Section. | 5 | | The aggregate percentage of all tax levies that a district may | 6 | | levy under this Act may not exceed the aggregate percentage | 7 | | limitation under Section 11. | 8 | | (Source: P.A. 103-134, eff. 1-1-24 .) | 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.". |
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