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92nd General Assembly

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Public Act 92-0522

HB1973 Enrolled                                LRB9204993MWdv

    AN ACT concerning fire protection.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Township  Code  is amended by changing
Section 200-12 and by adding Sections 200-13  and  200-14  as
follows:

    (60 ILCS 1/200-12)
    Sec. 200-12.  Tax increase; referendum.
    (a)  A  township  with  a population of less than 100,000
may levy taxes at a rate in excess of 0.02% of the  value  of
all  taxable  property  within  the  township as equalized or
assessed by the Department of  Revenue  if  the  increase  is
approved  by  the  voters  as  provided in this Section.  The
township board may,  by  ordinance,  place  the  question  of
whether the tax rate of the township should be increased from
0.02%  to  0.125%  for fire protection, rescue, and emergency
vehicles and equipment on the ballot at  any  election.   The
township  board  shall  certify  the  question  to the proper
election officials, who  shall  submit  the  question  at  an
election  in  accordance  with the general election law.  The
question shall be in the following form.
         Shall the maximum allowable tax rate for  the  (name
    of  township) Township, be increased from 0.02% to 0.125%
    of the value of all taxable property within the  township
    as equalized or assessed by the Department of Revenue for
    fire  protection,  rescue,  and  emergency  vehicles  and
    equipment?
    The votes shall be recorded as "Yes" or "No".
    The  result  of  the referendum shall be entered upon the
records of the township.  If a majority of the voters at  the
election  vote  in favor of the proposition, the township may
levy taxes annually at a tax extendable rate  not  to  exceed
0.125%  of  the  value  of  all  taxable  property within the
township as  equalized  or  assessed  by  the  Department  of
Revenue.
    A  referendum  held under this Section shall be conducted
in accordance with the Election Code.
    (b)  The township board may levy the taxes at a  rate  in
excess  of  0.125% but not in excess of 0.40% of the value of
all taxable property within  the  township  as  equalized  or
assessed  by  the  Department  of Revenue. The tax may not be
levied until  the  question  of  levying  the  tax  has  been
submitted  to  the  electors  of  the  township  at a regular
election and approved by a majority of the electors voting on
the question. The township board shall certify  the  question
to  the  proper  election  officials,  who  shall  submit the
question at  an  election  in  accordance  with  the  general
election  law.  The proposition shall be in substantially the
following form:
         Shall the maximum allowable tax rate for the (insert
    name of township) township fire department  be  increased
    from 0.125% to 0.40% of the value of all taxable property
    within  the  township  as  equalized  or  assessed by the
    Department of Revenue?
    The votes shall be recorded as "Yes" or "No".
    The results of the referendum shall be entered  upon  the
records  of  the  township.   If  a  majority of the electors
voting on the question vote in the affirmative, the  township
board may thereafter levy the tax.
(Source: P.A. 90-296, eff. 8-1-97.)

    (60 ILCS 1/200-13 new)
    Sec.  200-13. Board authority.  The township board of any
township operating a fire department has the power and it  is
its  legal  duty and obligation to provide as nearly adequate
protection from fire for all persons and property within  the
township  as  possible and to prescribe necessary regulations
for the prevention and control of fire within  the  township.
The  township  board may provide and maintain life saving and
rescue  equipment,  services,   and   facilities,   including
emergency  ambulance  service.   Except  in  cities  having a
population of 500,000  or  more  inhabitants  and  except  in
municipalities  in  which  fire  prevention  codes  have been
adopted, the township board has the express  power  to  adopt
and  enforce  fire prevention codes and standards parallel to
national standards.

    (60 ILCS 1/200-14 new)
    Sec. 200-14.  Fire department regulations and  rules.   A
township  providing fire protection services on the effective
date of this amendatory Act  of  the  92nd  General  Assembly
shall be held to the standard of Sections 16.01 through 17 of
the  Fire  Protection  District  Act, substituting "township"
where "fire protection district" is indicated.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly November 27, 2001.
    Approved February 08, 2002.
    Effective February 08, 2002.

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