SB3373 EngrossedLRB097 18408 PJG 63634 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Fire Marshal Act is amended by
5changing Section 2.7 as follows:
 
6    (20 ILCS 2905/2.7)
7    Sec. 2.7. Small Fire-fighting and Ambulance Service
8Equipment Grant Program.
9    (a) The Office shall establish and administer a Small
10Fire-fighting and Ambulance Service Equipment Grant Program to
11award grants to fire departments, fire protection districts,
12and volunteer, non-profit, stand alone ambulance services for
13the purchase of small fire-fighting and ambulance equipment.
14    (b) (Blank). The Fire Service and Small Equipment Fund is
15created as a special fund in the State treasury. From
16appropriations, the Office may expend moneys from the Fund for
17the grant program under subsection (a) of this Section. Moneys
18received for the purposes of this Section, including, without
19limitation, proceeds deposited under the Fire Investigation
20Act and gifts, grants, and awards from any public or private
21entity must be deposited into the Fund. Any interest earned on
22moneys in the Fund must be deposited into the Fund.
23    (b-1) The Fire Service and Small Equipment Fund is

 

 

SB3373 Engrossed- 2 -LRB097 18408 PJG 63634 b

1dissolved. Any moneys remaining in the Fund on the effective
2date of this amendatory Act of the 97th General Assembly shall
3be transferred to the Fire Prevention Fund.
4    (c) As used in this Section, "small fire-fighting and
5ambulance equipment" includes, without limitation, turnout
6gear, air packs, thermal imaging cameras, jaws of life,
7defibrillators, communications equipment, including but not
8limited to pagers and radios, and other fire-fighting or life
9saving equipment, as determined by the State Fire Marshal.
10    (d) The Office shall adopt any rules necessary for the
11implementation and administration of this Section.
12(Source: P.A. 95-717, eff. 4-8-08; 96-386, eff. 8-13-09.)
 
13    Section 10. The Illinois Finance Authority Act is amended
14by changing Sections 825-80, 825-81, and 825-85 and by adding
15Section 825-87 as follows:
 
16    (20 ILCS 3501/825-80)
17    Sec. 825-80. Fire truck revolving loan program.
18    (a) This Section is a continuation and re-enactment of the
19fire truck revolving loan program enacted as Section 3-27 of
20the Rural Bond Bank Act by Public Act 93-35, effective June 24,
212003, and repealed by Public Act 93-205, effective January 1,
222004. Under the Rural Bond Bank Act, the program was
23administered by the Rural Bond Bank and the State Fire Marshal.
24    (b) The Authority and the State Fire Marshal may shall

 

 

SB3373 Engrossed- 3 -LRB097 18408 PJG 63634 b

1jointly administer a fire truck revolving loan program. The
2program shall, in instances where sufficient loan funds exist
3to permit applications to be accepted, provide financial
4support, including zero-interest and low-interest loans, for
5the purchase of fire trucks by a fire department, a fire
6protection district, or a township fire department. The
7Authority shall provide support make loans based on need, as
8determined by the State Fire Marshal.
9    (c) The loan funds, subject to appropriation, shall be paid
10out of the Fire Truck Revolving Loan Fund, a special fund in
11the State Treasury. The Fund shall consist of any moneys
12transferred or appropriated into the Fund, as well as all
13repayments of loans made under the program and any balance
14existing in the Fund on the effective date of this Section. The
15Fund shall be used for loans to fire departments and fire
16protection districts to purchase fire trucks and for no other
17purpose. All interest earned on moneys in the Fund shall be
18deposited into the Fund. As soon as practical after the
19effective date of this amendatory Act of the 97th General
20Assembly, all moneys in the Fire Truck Revolving Loan Fund
21shall be paid by the State Fire Marshal to the Authority, and,
22on and after the effective date of this amendatory Act of the
2397th General Assembly, all future moneys deposited into the
24Fire Truck Revolving Loan Fund under this Section shall be paid
25by the State Fire Marshal to the Authority under the continuing
26appropriation provision of subsection (c-1) of this Section;

 

 

SB3373 Engrossed- 4 -LRB097 18408 PJG 63634 b

1provided that the Authority and the State Fire Marshal enter
2into an intergovernmental agreement to use the moneys
3transferred to the Authority from the Fund solely for the
4purposes for which the moneys would otherwise be used under
5this Section and to set forth procedures to otherwise
6administer the use of the moneys.
7    (c-1) There is hereby appropriated, on a continuing annual
8basis in each fiscal year, from the Fire Truck Revolving Loan
9Fund, the amount, if any, of funds received into the Fire Truck
10Revolving Loan Fund to the State Fire Marshal for payment to
11the Authority for the purposes for which the moneys would
12otherwise be used under this Section.
13    (d) A loan for the purchase of fire trucks may not exceed
14$250,000 to any fire department or fire protection district.
15The repayment period for the loan may not exceed 20 years. The
16fire department or fire protection district shall repay each
17year at least 5% of the principal amount borrowed or the
18remaining balance of the loan, whichever is less. All
19repayments of loans shall be deposited into the Fire Truck
20Revolving Loan Fund.
21    (e) The Authority and the State Fire Marshal may shall
22adopt rules in accordance with the Illinois Administrative
23Procedure Act to administer the program.
24    (f) Notwithstanding the repeal of Section 3-27 of the Rural
25Bond Bank Act, all otherwise lawful actions taken on or after
26January 1, 2004 and before the effective date of this Section

 

 

SB3373 Engrossed- 5 -LRB097 18408 PJG 63634 b

1by any person under the authority originally granted by that
2Section 3-27, including without limitation the granting,
3acceptance, and repayment of loans for the purchase of fire
4trucks, are hereby validated, and the rights and obligations of
5all parties to any such loan are hereby acknowledged and
6confirmed.
7(Source: P.A. 94-221, eff. 7-14-05.)
 
8    (20 ILCS 3501/825-81)
9    Sec. 825-81. Fire station revolving loan program.
10    (a) The Authority and the State Fire Marshal may jointly
11administer a fire station revolving loan program. The program
12shall, in instances where sufficient loan funds exist to permit
13applications to be accepted, may provide financial support,
14including zero-interest and low-interest loans, for the
15construction, rehabilitation, remodeling, or expansion of a
16fire station or the acquisition of land for the construction or
17expansion of a fire station by a fire department, a fire
18protection district, or a township fire department. Once the
19program receives funding, the Authority shall provide support
20make loans based on need, as determined by the State Fire
21Marshal.
22    (b) The loan funds, subject to appropriation, may be paid
23out of the Fire Station Revolving Loan Fund, a special fund in
24the State treasury. The Fund may consist of any moneys
25transferred or appropriated into the Fund, as well as all

 

 

SB3373 Engrossed- 6 -LRB097 18408 PJG 63634 b

1repayments of loans made under the program. Once the program
2receives funding, the Fund may be used for loans to fire
3departments and fire protection districts to construct,
4rehabilitate, remodel, or expand fire stations or acquire land
5for the construction or expansion of fire stations and for no
6other purpose. All interest earned on moneys in the Fund shall
7be deposited into the Fund. As soon as practical after the
8effective date of this amendatory Act of the 97th General
9Assembly, all moneys in the Fire Station Revolving Loan Fund
10shall be paid by the State Fire Marshal to the Authority, and,
11on and after the effective date of this amendatory Act of the
1297th General Assembly, all future moneys deposited into the
13Fire Station Revolving Loan Fund under this Section shall be
14paid by the State Fire Marshal to the Authority under the
15continuing appropriation provision of subsection (b-1) of this
16Section; provided that the Authority and the State Fire Marshal
17enter into an intergovernmental agreement to use the moneys
18paid by the State Fire Marshal to the Authority from the Fund
19solely for the purposes for which the moneys would otherwise be
20used under this Section and to set forth procedures to
21otherwise administer the use of the moneys.
22    (b-1) There is hereby appropriated, on a continuing annual
23basis in each fiscal year, from the Fire Station Revolving Loan
24Fund, the amount, if any, of funds received into the Fire
25Station Revolving Loan Fund to the State Fire Marshal for
26payment to the Authority for the purposes for which the moneys

 

 

SB3373 Engrossed- 7 -LRB097 18408 PJG 63634 b

1would otherwise be used under this Section.
2    (c) A loan under the program may not exceed $2,000,000 to
3any fire department or fire protection district. The repayment
4period for the loan may not exceed 25 years. The fire
5department or fire protection district shall repay each year at
6least 4% of the principal amount borrowed or the remaining
7balance of the loan, whichever is less. All repayments of loans
8shall be deposited into the Fire Station Revolving Loan Fund.
9    (d) The Authority and the State Fire Marshal may adopt
10rules in accordance with the Illinois Administrative Procedure
11Act to administer the program.
12(Source: P.A. 96-135, eff. 8-7-09; 96-1172, eff. 7-22-10.)
 
13    (20 ILCS 3501/825-85)
14    Sec. 825-85. Ambulance revolving loan program.
15    (a) The Authority and the State Fire Marshal may shall
16jointly administer an ambulance revolving loan program. The
17program shall, in instances where sufficient loan funds exist
18to permit applications to be accepted, provide financial
19support, including zero-interest and low-interest loans, for
20the purchase of ambulances by a fire department, a fire
21protection district, a township fire department, or a
22non-profit ambulance service. The Authority shall provide
23support make loans based on need, as determined by the State
24Fire Marshal.
25    (b) The loan funds, subject to appropriation, shall be paid

 

 

SB3373 Engrossed- 8 -LRB097 18408 PJG 63634 b

1out of the Ambulance Revolving Loan Fund, a special fund in the
2State treasury. The Fund shall consist of any moneys
3transferred or appropriated into the Fund, as well as all
4repayments of loans made under the program. The Fund shall be
5used for loans to fire departments, fire protection districts,
6and non-profit ambulance services to purchase ambulances and
7for no other purpose. All interest earned on moneys in the Fund
8shall be deposited into the Fund. As soon as practical after
9the effective date of this amendatory Act of the 97th General
10Assembly, all moneys in the Ambulance Revolving Loan Fund shall
11be paid by the State Fire Marshal to the Authority, and, on and
12after the effective date of this amendatory Act of the 97th
13General Assembly, all future moneys deposited into the
14Ambulance Revolving Loan Fund under this Section shall be paid
15by the State Fire Marshal to the Authority under the continuing
16appropriation provision of subsection (b-1) of this Section;
17provided that the Authority and the State Fire Marshal enter
18into an intergovernmental agreement to use the moneys
19transferred to the Authority from the Fund solely for the
20purposes for which the moneys would otherwise be used under
21this Section and to set forth procedures to otherwise
22administer the use of the moneys.
23    (b-1) There is hereby appropriated, on a continuing annual
24basis in each fiscal year, from the Ambulance Revolving Loan
25Fund, the amount, if any, of funds received into the Ambulance
26Revolving Loan Fund to the State Fire Marshal for payment to

 

 

SB3373 Engrossed- 9 -LRB097 18408 PJG 63634 b

1the Authority for the purposes for which the moneys would
2otherwise be used under this Section.
3    (c) A loan for the purchase of ambulances may not exceed
4$100,000 to any fire department, fire protection district, or
5non-profit ambulance service. The repayment period for the loan
6may not exceed 10 years. The fire department, fire protection
7district, or non-profit ambulance service` shall repay each
8year at least 5% of the principal amount borrowed or the
9remaining balance of the loan, whichever is less. All
10repayments of loans shall be deposited into the Ambulance
11Revolving Loan Fund.
12    (d) The Authority and the State Fire Marshal may shall
13adopt rules in accordance with the Illinois Administrative
14Procedure Act to administer the program.
15(Source: P.A. 94-829, eff. 6-5-06.)
 
16    (20 ILCS 3501/825-87 new)
17    Sec. 825-87. Public life safety capital investment finance
18program.
19    (a) In addition to the powers set forth in Sections 825-80,
20825-81, and 825-85 of this Act and in furtherance of the
21purposes and programs set forth in those Sections, the
22Authority may use loans and guarantees as authorized in this
23Act to maximize the number of participants in the programs and
24to maximize the efficient use of taxpayer appropriated funds.
25The moneys identified in Sections 825-80, 825-81, and 825-85 of

 

 

SB3373 Engrossed- 10 -LRB097 18408 PJG 63634 b

1this Act shall be used by the Authority only for the express
2purposes described in those Sections.
3    (b) The Authority, after consulting with the State Fire
4Marshal, may determine the financial structure, including but
5not limited to the terms, conditions, collateral, maturity, and
6interest rate, of loans or guarantees authorized by the
7programs under Sections 825-80, 825-81, and 825-85 of this Act.
8    (c) The Authority and the State Fire Marshal may access the
9moneys referenced in Sections 825-80, 825-81, and 825-85 of
10this Act and may fix, determine, charge, and collect fees, in
11connection with the programs under Sections 825-80, 825-81 and
12825-85 of this Act and in furtherance of the purposes set forth
13in this Section.
14    (d) The Authority and the State Fire Marshal may adopt
15rules in accordance with the Illinois Administrative Procedure
16Act to administer the programs under this Section.
 
17    (30 ILCS 105/5.712 rep.)
18    Section 15. The State Finance Act is amended by repealing
19Section 5.712.
 
20    Section 20. The Fire Investigation Act is amended by
21changing Section 13.1 as follows:
 
22    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)
23    Sec. 13.1. Fire Prevention Fund.

 

 

SB3373 Engrossed- 11 -LRB097 18408 PJG 63634 b

1    (a) There shall be a special fund in the State Treasury
2known as the Fire Prevention Fund.
3    (b) The following moneys shall be deposited into the Fund:
4        (1) Moneys received by the Department of Insurance
5    under Section 12 of this Act.
6        (2) All fees and reimbursements received by the Office
7    of the State Fire Marshal.
8        (3) All receipts from boiler and pressure vessel
9    certification, as provided in Section 13 of the Boiler and
10    Pressure Vessel Safety Act.
11        (4) Such other moneys as may be provided by law.
12    (c) The moneys in the Fire Prevention Fund shall be used,
13subject to appropriation, for the following purposes:
14        (1) Of the moneys deposited into the fund under Section
15    12 of this Act, 12.5% shall be available for the
16    maintenance of the Illinois Fire Service Institute and the
17    expenses, facilities, and structures incident thereto, and
18    for making transfers into the General Obligation Bond
19    Retirement and Interest Fund for debt service requirements
20    on bonds issued by the State of Illinois after January 1,
21    1986 for the purpose of constructing a training facility
22    for use by the Institute. An additional 2.5% of the moneys
23    deposited into the Fire Prevention Fund shall be available
24    to the Illinois Fire Service Institute for support of the
25    Cornerstone Training Program.
26        (2) Of the moneys deposited into the Fund under Section

 

 

SB3373 Engrossed- 12 -LRB097 18408 PJG 63634 b

1    12 of this Act, 10% shall be available for the maintenance
2    of the Chicago Fire Department Training Program and the
3    expenses, facilities and structures incident thereto, in
4    addition to any moneys payable from the Fund to the City of
5    Chicago pursuant to the Illinois Fire Protection Training
6    Act.
7        (3) For making payments to local governmental agencies
8    and individuals pursuant to Section 10 of the Illinois Fire
9    Protection Training Act.
10        (4) For the maintenance and operation of the Office of
11    the State Fire Marshal, and the expenses incident thereto.
12        (4.5) For the maintenance, operation, and capital
13    expenses of the Mutual Aid Box Alarm System (MABAS).
14        (4.6) For grants awarded by the Small Fire-fighting and
15    Ambulance Service Equipment Grant Program established by
16    Section 2.7 of the State Fire Marshal Act.
17        (5) For any other purpose authorized by law.
18    (c-5) As soon as possible after the effective date of this
19amendatory Act of the 95th General Assembly, the Comptroller
20shall order the transfer and the Treasurer shall transfer
21$2,000,000 from the Fire Prevention Fund to the Fire Service
22and Small Equipment Fund, $9,000,000 from the Fire Prevention
23Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from
24the Fire Prevention Fund to the Ambulance Revolving Loan Fund.
25Beginning on July 1, 2008, each month, or as soon as practical
26thereafter, an amount equal to $2 from each fine received shall

 

 

SB3373 Engrossed- 13 -LRB097 18408 PJG 63634 b

1be transferred from the Fire Prevention Fund to the Fire
2Service and Small Equipment Fund, an amount equal to $1.50 from
3each fine received shall be transferred from the Fire
4Prevention Fund to the Fire Truck Revolving Loan Fund, and an
5amount equal to $4 from each fine received shall be transferred
6from the Fire Prevention Fund to the Ambulance Revolving Loan
7Fund. These moneys shall be transferred from the moneys
8deposited into the Fire Prevention Fund pursuant to Public Act
995-154, together with not more than 25% of any unspent
10appropriations from the prior fiscal year. These moneys may be
11allocated to the Fire Truck Revolving Loan Fund, Ambulance
12Revolving Loan Fund, and Fire Service and Small Equipment Fund
13at the discretion of the Office of the State Fire Marshal for
14the purpose of implementation of this Act.
15    (d) Any portion of the Fire Prevention Fund remaining
16unexpended at the end of any fiscal year which is not needed
17for the maintenance and expenses of the Office of the State
18Fire Marshal or the maintenance and expenses of the Illinois
19Fire Service Institute, shall remain in the Fire Prevention
20Fund for the exclusive and restricted uses provided in
21subsections (c) and (c-5) of this Section.
22    (e) The Office of the State Fire Marshal shall keep on file
23an itemized statement of all expenses incurred which are
24payable from the Fund, other than expenses incurred by the
25Illinois Fire Service Institute, and shall approve all vouchers
26issued therefor before they are submitted to the State

 

 

SB3373 Engrossed- 14 -LRB097 18408 PJG 63634 b

1Comptroller for payment. Such vouchers shall be allowed and
2paid in the same manner as other claims against the State.
3(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10;
497-114, eff. 1-1-12.)
 
5    Section 25. The Unified Code of Corrections is amended by
6changing Section 5-9-1.12 as follows:
 
7    (730 ILCS 5/5-9-1.12)
8    Sec. 5-9-1.12. Arson fines.
9    (a) In addition to any other penalty imposed, a fine of
10$500 shall be imposed upon a person convicted of the offense of
11arson, residential arson, or aggravated arson.
12    (b) The additional fine shall be assessed by the court
13imposing sentence and shall be collected by the Circuit Clerk
14in addition to the fine, if any, and costs in the case. Each
15such additional fine shall be remitted by the Circuit Clerk
16within one month after receipt to the State Treasurer for
17deposit into the Fire Prevention Service and Small Equipment
18Fund. The Circuit Clerk shall retain 10% of such fine to cover
19the costs incurred in administering and enforcing this Section.
20The additional fine may not be considered a part of the fine
21for purposes of any reduction in the fine for time served
22either before or after sentencing. Arson fines that were
23previously deposited into the Fire Prevention Fund prior to the
24adoption of Public Act 96-400 shall be used according to the

 

 

SB3373 Engrossed- 15 -LRB097 18408 PJG 63634 b

1purposes established in Section 13.1 of the Fire Investigation
2Act.
3    (c) (Blank) The moneys in the Fire Service and Small
4Equipment Fund collected as additional fines under this Section
5shall be distributed by the Office of the State Fire Marshal as
6appropriated and according to the rules set forth and adopted
7under the Emergency Services Response Reimbursement for
8Criminal Convictions Act.
9    (d) (Blank).
10(Source: P.A. 95-331, eff. 8-21-07; 96-400, eff. 8-13-09.)