Full Text of HB5233 94th General Assembly
HB5233eng 94TH GENERAL ASSEMBLY
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HB5233 Engrossed |
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LRB094 16101 HLH 51339 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fire Protection District Act is amended by | 5 |
| changing Section 22 as follows:
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| (70 ILCS 705/22) (from Ch. 127 1/2, par. 38.5)
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| Sec. 22. The Board of Trustees of any fire protection | 8 |
| district incorporated
under this Act is authorized under the | 9 |
| terms and conditions hereinafter
set out, to provide emergency | 10 |
| ambulance service to or from points within
or without the | 11 |
| district; to contract with providers of ambulance service;
to | 12 |
| combine with other units of governments for the purpose of | 13 |
| providing
ambulance service; to levy a tax for the provision of | 14 |
| such service and to
adopt rules and regulations relating to | 15 |
| ambulance service within their
jurisdiction.
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| (a) It is declared as a matter of public policy:
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| (1) That, in order to preserve, protect and promote the | 18 |
| public health,
safety and general welfare, adequate and | 19 |
| continuing emergency ambulance
service should be available | 20 |
| to every citizen of Illinois;
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| (2) That, insofar as it is economically feasible, | 22 |
| emergency ambulance
service should be provided by private | 23 |
| enterprise; and
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| (3) That, in the event adequate and continuing | 25 |
| emergency ambulance
services do not exist, fire protection | 26 |
| districts should be authorized to
provide, and shall cause | 27 |
| to be provided, ambulance service as a public | 28 |
| responsibility.
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| (b) Whenever the Board of Trustees of a fire protection | 30 |
| district desires
to levy a special tax to provide an ambulance | 31 |
| service, it shall certify the
question to the proper election | 32 |
| officials, who shall submit that question
at an election to the |
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HB5233 Engrossed |
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| voters of the district. The result of such referendum
shall be | 2 |
| entered upon the records of the district. If a majority of the
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| votes on the proposition are in favor of such proposition, the | 4 |
| Board of
Trustees may thereafter levy a special tax at a rate | 5 |
| not to exceed .30% of
the value of all taxable property within | 6 |
| the district as equalized or
assessed by the Department of | 7 |
| Revenue. The proposition shall be in
substantially the | 8 |
| following form:
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| -------------------------------------------------------------
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| Shall the .... Fire Protection
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| District levy a special tax at a rate YES
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| not to exceed .30% of the value of all
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| taxable property within the district as --------------------
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| equalized or assessed by the Department
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| of Revenue for the purpose of providing NO
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| an ambulance service?
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| -------------------------------------------------------------
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| (c) If it appears that a majority of all valid votes cast | 19 |
| on the
proposition are in favor of levying a special tax to pay | 20 |
| for an ambulance,
the Board of Trustees may levy and collect an | 21 |
| annual tax for the purpose of
providing ambulance service under | 22 |
| this Act to be extended at a rate not to
exceed .30% of the full | 23 |
| fair cash value of the taxable property within the
governmental | 24 |
| unit as assessed or equalized by the Department of Revenue.
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| Such annual tax shall be in addition to the other taxes a fire | 26 |
| protection
district may levy for its corporate purposes.
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| (d) Any Board of trustees may:
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| 1. Provide or operate an emergency ambulance service;
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| 2. Contract with a private person, hospital, | 30 |
| corporation or another
governmental unit for the provision | 31 |
| and operation of emergency ambulance
service or subsidize | 32 |
| the service thereof;
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| 3. Limit the number of ambulance services;
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| 4. Within its jurisdiction, fix, charge and collect | 35 |
| fees for emergency
ambulance service within or outside of | 36 |
| the fire protection district not
exceeding the reasonable |
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| cost of the service;
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| 5. Establish necessary regulations not inconsistent | 3 |
| with the statutes
or regulations of the Department of | 4 |
| Public Health relating to ambulance
service;
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| 6. The trustees shall have the power identified in | 6 |
| paragraphs 3 and 5
only if the district shall have passed | 7 |
| the referendum provided for herein.
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| (e) When any Board of Trustees is authorized prior to | 9 |
| January 1, 1978
to levy and collect an annual tax, for the | 10 |
| purpose of providing ambulance
service, at any rate not | 11 |
| exceeding .25% of the full fair cash value of the
taxable | 12 |
| property within the governmental unit as equalized or assessed | 13 |
| by
the Department of Revenue, such Board of Trustees may by
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| resolution increase its authority to tax for ambulance purposes | 15 |
| to a rate
not to exceed .30%. Such resolution shall be | 16 |
| effective 30 days after its
adoption. Notice of such resolution | 17 |
| shall be published twice in a newspaper
having a general | 18 |
| circulation within the district at least 20 days and again
at | 19 |
| least 10 days prior to the effective date of the resolution. | 20 |
| Such notice
shall state that the voters of that fire protection | 21 |
| district, which district
shall be described in the notice, have | 22 |
| until 30 days after the adoption
of the resolution to file a | 23 |
| petition with the Board of Trustees praying
that the question | 24 |
| of the adoption of the resolution be submitted to a vote
of the | 25 |
| electors of such territory, and that, if no such petition is | 26 |
| filed,
the resolution shall become effective 30 days after its | 27 |
| adoption. The
notice also shall state the specific number of | 28 |
| voters required to sign the
petition and the date of the | 29 |
| prospective referendum. The district secretary
shall provide a | 30 |
| petition form to any individual requesting one. If such a
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| petition, signed by the voters of the district equal to 10% or | 32 |
| more of the
registered voters of the district, is so filed with | 33 |
| the Board of Trustees,
then the question of the adoption of the | 34 |
| resolution shall be certified to
the proper election officials, | 35 |
| who shall submit the question to a vote of
the electors of the | 36 |
| district at an election in accordance with the general
election |
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HB5233 Engrossed |
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| law. If such a petition is filed, the resolution does not take
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| effect unless a majority of the votes cast upon the question of | 3 |
| the
adoption of the resolution is in favor of adoption. | 4 |
| However, if such a
petition is determined to be invalid, the | 5 |
| resolution shall take effect.
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| The result of the election shall be entered upon the | 7 |
| records of the
district. If a majority of the voters vote in | 8 |
| favor of such resolution,
the resolution shall be effective | 9 |
| immediately. The proposition shall be
in substantially the | 10 |
| following form:
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| Shall the Board of Trustees of
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| the .... Fire Protection District YES
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| be authorized to increase the
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| special tax for ambulance service
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| to a rate not to exceed .30% of ------------------
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| the value of all taxable property
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| within the district as equalized or
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| assessed by the Department of Revenue NO
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| for the purpose of providing such service?
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| In this Section, "ambulance service" includes, without | 23 |
| limitation, medical service. This amendatory Act of the 94th | 24 |
| General Assembly is declarative of existing law.
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| (Source: P.A. 86-1253; 87-767 .)
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