Full Text of HB4179 103rd General Assembly
HB4179sam003 103RD GENERAL ASSEMBLY | Sen. Tom Bennett Filed: 5/20/2024 | | 10300HB4179sam003 | | LRB103 34777 AWJ 73700 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4179
| 2 | | AMENDMENT NO. ______. Amend House Bill 4179, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Emergency Services Districts Act is | 6 | | amended by changing Sections 2.5, 4, 11, 11.3, and 11.5 as | 7 | | follows: | 8 | | (70 ILCS 2005/2.5) | 9 | | Sec. 2.5. Rescue squad district continuance. A rescue | 10 | | squad district organized under this Act before January 1, 2024 | 11 | | ( the effective date of Public Act 103-134) this amendatory Act | 12 | | of the 103rd General Assembly may (i) continue to be named a | 13 | | rescue squad district or be renamed an emergency services | 14 | | district by ordinance of the board of trustees of the | 15 | | district, (ii) operate under the provisions of this Act as if | 16 | | it was they were organized as an emergency services district, |
| | | 10300HB4179sam003 | - 2 - | LRB103 34777 AWJ 73700 a |
|
| 1 | | and (iii) continue exercising taxing authority granted to it | 2 | | that was approved before January 1, 2024, and (iv) for a | 3 | | district in counties other than Cook County, DuPage County, | 4 | | Kane County, Lake County, McHenry County, or Will County, | 5 | | increase, by referendum, the tax rate authorized by its | 6 | | organizational proposition under Section 4 by up to an | 7 | | additional 0.20%. However, the aggregate tax authorized to be | 8 | | levied for any one year under Section 4, including the amount | 9 | | levied under the organizational proposition, shall not exceed | 10 | | 0.20% of value for a district in Cook County, DuPage County, | 11 | | Kane County, Lake County, McHenry County, or Will County or | 12 | | 0.40% of value for a district in counties other than Cook | 13 | | County, DuPage County, Kane County, Lake County, McHenry | 14 | | County, or Will County, as equalized or assessed by the | 15 | | Department of Revenue. The taxes authorized under this Section | 16 | | may be used for any purpose allowed under this Act, including, | 17 | | but not limited to, ambulance service. the effective date of | 18 | | this amendatory Act of the 103rd General Assembly and the | 19 | | taxes may be used for any purpose allowed under this Act. | 20 | | (Source: P.A. 103-134, eff. 1-1-24 .) | 21 | | (70 ILCS 2005/4) (from Ch. 85, par. 6854) | 22 | | Sec. 4. The determination of the court as to the necessity | 23 | | for the organization of the proposed emergency services | 24 | | district, together with the description of the boundaries of | 25 | | the district as fixed by the court, shall be entered of record |
| | | 10300HB4179sam003 | - 3 - | LRB103 34777 AWJ 73700 a |
|
| 1 | | in the court. Thereupon the court shall certify the question | 2 | | of the organization of the territory included within the | 3 | | boundaries fixed by it as an emergency services district to | 4 | | the proper election officials, who shall submit the question | 5 | | to the legal voters resident within the territory at an | 6 | | election to be held in the district. Notice of the referendum | 7 | | shall be given and the referendum conducted in the manner | 8 | | provided by the general election law. The notice of the | 9 | | election shall state the purpose of the referendum, describe | 10 | | the territory proposed to be organized as an emergency | 11 | | services district, and state the time of the election. | 12 | | The proposition shall be in substantially the following | 13 | | form: | 14 | | --------------------------------------------------------
| 15 | | Shall this territory (describing
| 16 | | it) be organized as The ........... YES
| 17 | | Emergency Services
| 18 | | District and shall the
| 19 | | District be authorized to levy and ----------------------
| 20 | | collect a property tax not to exceed
| 21 | | [0.20%/0.40%, as applicable] .20%
| 22 | | on the property situated in the NO
| 23 | | District?
| 24 | | ------------------------------------------------------------- | 25 | | The court shall cause a statement of the result to be | 26 | | entered of record in the court. |
| | | 10300HB4179sam003 | - 4 - | LRB103 34777 AWJ 73700 a |
|
| 1 | | (Source: P.A. 103-134, eff. 1-1-24 .) | 2 | | (70 ILCS 2005/11) | 3 | | Sec. 11. Property tax; fees. | 4 | | (a) An emergency services district organized under this | 5 | | Act may levy and collect a general tax on the property situated | 6 | | in the district, but the aggregate amount of taxes levied for | 7 | | any one year under this Act shall not exceed the rate of 0.20% | 8 | | .20% of value for a district in Cook County, DuPage County, | 9 | | Kane County, Lake County, McHenry County, or Will County or | 10 | | 0.80% of value for a district in counties other than Cook | 11 | | County, DuPage County, Kane County, Lake County, McHenry | 12 | | County, or Will County , as equalized or assessed by the | 13 | | Department of Revenue . For a district in a county other than | 14 | | Cook County, DuPage County, Kane County, Lake County, McHenry | 15 | | County, or Will County, no more than half of the rate (0.40%) | 16 | | may be authorized under paragraph (iv) of Section 2.5, Section | 17 | | 4, or both and half of the rate (0.40%) under Section 11.5 . The | 18 | | board of trustees shall determine and certify the amount to be | 19 | | levied and shall return the same to the county clerk. The | 20 | | limitation upon the tax rate may be increased or decreased | 21 | | under the referendum provisions of the General Revenue Law of | 22 | | Illinois. | 23 | | In case the district is located in more than one county, | 24 | | the board of trustees shall determine and certify the amount | 25 | | to be levied upon the taxable property lying in each county and |
| | | 10300HB4179sam003 | - 5 - | LRB103 34777 AWJ 73700 a |
|
| 1 | | return the same to the respective county clerks of the | 2 | | counties in which the amount is to be levied. In order to | 3 | | determine the amount to be levied upon the taxable property of | 4 | | that part of the district lying in each county, the board shall | 5 | | ascertain from the county clerk of the respective counties in | 6 | | which the district lies the last ascertained equalized value | 7 | | of the taxable property of the district lying in their | 8 | | respective counties, then shall ascertain the rate per cent | 9 | | required and shall, accordingly, apportion the whole amount to | 10 | | be raised between the several parts of the district so lying in | 11 | | the different counties. The tax provided for in this Section | 12 | | shall be levied at the same time and in the same manner as | 13 | | nearly as practicable as taxes are now levied for municipal | 14 | | purposes under the laws of this State. | 15 | | All general taxes under this Act, when collected, shall be | 16 | | paid over to the treasurer of the board of trustees, who is | 17 | | authorized to receive and receipt for the same. | 18 | | (b) An emergency services A rescue squad district | 19 | | organized under this Act may fix, charge, and collect fees for | 20 | | district rescue squad services and ambulance services within | 21 | | or outside of the rescue squad district not exceeding the | 22 | | reasonable cost of the service. | 23 | | (Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23; | 24 | | revised 12-12-23.) | 25 | | (70 ILCS 2005/11.3) |
| | | 10300HB4179sam003 | - 6 - | LRB103 34777 AWJ 73700 a |
|
| 1 | | Sec. 11.3. Ambulance service. | 2 | | (a) The board of trustees may provide ambulance service to | 3 | | or from points within or without the district, contract with | 4 | | providers of ambulance service, combine with other units of | 5 | | local government for the purpose of providing ambulance | 6 | | service, and adopt rules and regulations relating to ambulance | 7 | | service within the board's jurisdiction. | 8 | | (b) The board of trustees may: | 9 | | (1) contract with a private person, hospital, | 10 | | corporation, or another governmental unit for the | 11 | | provision and operation of ambulance service or subsidize | 12 | | the ambulance service; | 13 | | (2) limit the number of ambulance services by | 14 | | referendum; | 15 | | (3) within its jurisdiction, fix, charge, and collect | 16 | | fees for ambulance service within or outside of the fire | 17 | | protection district not exceeding the reasonable cost of | 18 | | the service; and | 19 | | (4) establish necessary regulations not inconsistent | 20 | | with the statutes or regulations of the Department of | 21 | | Public Health relating to ambulance service. | 22 | | The board of trustees may limit the number of ambulances | 23 | | under paragraph (2) or establish regulations under paragraph | 24 | | (4) if a referendum under Section 11.5 has been approved. | 25 | | (Source: P.A. 103-134, eff. 1-1-24 .) |
| | | 10300HB4179sam003 | - 7 - | LRB103 34777 AWJ 73700 a |
|
| 1 | | (70 ILCS 2005/11.5) | 2 | | Sec. 11.5. Ambulance service tax. Whenever the board of | 3 | | trustees of an emergency services district desires to levy a | 4 | | special tax to provide an ambulance service or support an | 5 | | existing ambulance service, it shall certify the question to | 6 | | the proper election officials, who shall submit that question | 7 | | at an election to the voters of the district. The result of the | 8 | | referendum shall be entered upon the records of the district. | 9 | | If a majority of the votes on the question are in favor of the | 10 | | question, the board of trustees may then levy a special tax at | 11 | | a rate not to exceed 0.40% of the value of all taxable property | 12 | | within the district as equalized or assessed by the Department | 13 | | of Revenue. The question shall be in substantially the | 14 | | following form: | 15 | | ----------------------------------------------
| 16 | | Shall the ....
| 17 | | Emergency Services
| 18 | | District levy a special tax at a rate YES
| 19 | | not to exceed 0.40% of the value of all
| 20 | | taxable property within the district -----------------
| 21 | | as equalized or assessed by the
| 22 | | Department of Revenue for the purpose NO
| 23 | | of providing or supporting an ambulance
| 24 | | service?
| 25 | | ------------------------------------------------------------- | 26 | | The A tax levied under Section 4 11 may be used for |
| | | 10300HB4179sam003 | - 8 - | LRB103 34777 AWJ 73700 a |
|
| 1 | | ambulance services as well as a tax levied under this Section. | 2 | | The aggregate percentage of all tax levies that a district may | 3 | | levy under this Act may not exceed the aggregate percentage | 4 | | limitation under Section 11. | 5 | | (Source: P.A. 103-134, eff. 1-1-24 .) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.". |
|