SB3373enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3373 EnrolledLRB097 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

 

 

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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

 

 

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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 zero-interest
4and low-interest loans for the purchase of fire trucks by a
5fire department, a fire protection district, or a township fire
6department. The Authority shall make loans based on need, as
7determined by the State Fire Marshal.
8    (c) The loan funds, subject to appropriation, shall be paid
9out of the Fire Truck Revolving Loan Fund, a special fund in
10the State Treasury. The Fund shall consist of any moneys
11transferred or appropriated into the Fund, as well as all
12repayments of loans made under the program and any balance
13existing in the Fund on the effective date of this Section. The
14Fund shall be used for loans to fire departments and fire
15protection districts to purchase fire trucks and for no other
16purpose. All interest earned on moneys in the Fund shall be
17deposited into the Fund. As soon as practical after the
18effective date of this amendatory Act of the 97th General
19Assembly, all moneys in the Fire Truck Revolving Loan Fund
20shall be paid by the State Fire Marshal to the Authority, and,
21on and after the effective date of this amendatory Act of the
2297th General Assembly, all future moneys deposited into the
23Fire Truck Revolving Loan Fund under this Section shall be paid
24by the State Fire Marshal to the Authority under the continuing
25appropriation provision of subsection (c-1) of this Section;
26provided that the Authority and the State Fire Marshal enter

 

 

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

 

 

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

 

 

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1departments and fire protection districts to construct,
2rehabilitate, remodel, or expand fire stations or acquire land
3for the construction or expansion of fire stations and for no
4other purpose. All interest earned on moneys in the Fund shall
5be deposited into the Fund. As soon as practical after the
6effective date of this amendatory Act of the 97th General
7Assembly, all moneys in the Fire Station Revolving Loan Fund
8shall be paid by the State Fire Marshal to the Authority, and,
9on and after the effective date of this amendatory Act of the
1097th General Assembly, all future moneys deposited into the
11Fire Station Revolving Loan Fund under this Section shall be
12paid by the State Fire Marshal to the Authority under the
13continuing appropriation provision of subsection (b-1) of this
14Section; provided that the Authority and the State Fire Marshal
15enter into an intergovernmental agreement to use the moneys
16paid by the State Fire Marshal to the Authority from the Fund
17solely for the purposes for which the moneys would otherwise be
18used under this Section and to set forth procedures to
19otherwise administer the use of the moneys.
20    (b-1) There is hereby appropriated, on a continuing annual
21basis in each fiscal year, from the Fire Station Revolving Loan
22Fund, the amount, if any, of funds received into the Fire
23Station Revolving Loan Fund to the State Fire Marshal for
24payment to the Authority for the purposes for which the moneys
25would otherwise be used under this Section.
26    (c) A loan under the program may not exceed $2,000,000 to

 

 

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

 

 

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1repayments of loans made under the program. The Fund shall be
2used for loans to fire departments, fire protection districts,
3and non-profit ambulance services to purchase ambulances and
4for no other purpose. All interest earned on moneys in the Fund
5shall be deposited into the Fund. As soon as practical after
6the effective date of this amendatory Act of the 97th General
7Assembly, all moneys in the Ambulance Revolving Loan Fund shall
8be paid by the State Fire Marshal to the Authority, and, on and
9after the effective date of this amendatory Act of the 97th
10General Assembly, all future moneys deposited into the
11Ambulance Revolving Loan Fund under this Section shall be paid
12by the State Fire Marshal to the Authority under the continuing
13appropriation provision of subsection (b-1) of this Section;
14provided that the Authority and the State Fire Marshal enter
15into an intergovernmental agreement to use the moneys
16transferred to the Authority from the Fund solely for the
17purposes for which the moneys would otherwise be used under
18this Section and to set forth procedures to otherwise
19administer the use of the moneys.
20    (b-1) There is hereby appropriated, on a continuing annual
21basis in each fiscal year, from the Ambulance Revolving Loan
22Fund, the amount, if any, of funds received into the Ambulance
23Revolving Loan Fund to the State Fire Marshal for payment to
24the Authority for the purposes for which the moneys would
25otherwise be used under this Section.
26    (c) A loan for the purchase of ambulances may not exceed

 

 

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1$100,000 to any fire department, fire protection district, or
2non-profit ambulance service. The repayment period for the loan
3may not exceed 10 years. The fire department, fire protection
4district, or non-profit ambulance service` shall repay each
5year at least 5% of the principal amount borrowed or the
6remaining balance of the loan, whichever is less. All
7repayments of loans shall be deposited into the Ambulance
8Revolving Loan Fund.
9    (d) The Authority and the State Fire Marshal may shall
10adopt rules in accordance with the Illinois Administrative
11Procedure Act to administer the program.
12(Source: P.A. 94-829, eff. 6-5-06.)
 
13    (20 ILCS 3501/825-87 new)
14    Sec. 825-87. Public life safety capital investment finance
15program.
16    (a) In addition to the powers set forth in Sections 825-80,
17825-81, and 825-85 of this Act and in furtherance of the
18purposes and programs set forth in those Sections, the
19Authority may use loans as authorized in this Act to maximize
20the number of participants in the programs and to maximize the
21efficient use of taxpayer appropriated funds. The moneys
22identified in Sections 825-80, 825-81, and 825-85 of this Act
23shall be used by the Authority only for the express purposes
24described in those Sections.
25    (b) The Authority, after consulting with the State Fire

 

 

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1Marshal, may determine the financial structure, including but
2not limited to the terms, conditions, collateral, maturity, and
3interest rate, of loans authorized by the programs under
4Sections 825-80, 825-81, and 825-85 of this Act.
5    (c) The Authority and the State Fire Marshal may access the
6moneys referenced in Sections 825-80, 825-81, and 825-85 of
7this Act and may fix, determine, charge, and collect fees, in
8connection with the programs under Sections 825-80, 825-81 and
9825-85 of this Act and in furtherance of the purposes set forth
10in this Section.
11    (d) The Authority and the State Fire Marshal may adopt
12rules in accordance with the Illinois Administrative Procedure
13Act to administer the programs under this Section.
 
14    (30 ILCS 105/5.712 rep.)
15    Section 15. The State Finance Act is amended by repealing
16Section 5.712.
 
17    Section 20. The Fire Investigation Act is amended by
18changing Section 13.1 as follows:
 
19    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)
20    Sec. 13.1. Fire Prevention Fund.
21    (a) There shall be a special fund in the State Treasury
22known as the Fire Prevention Fund.
23    (b) The following moneys shall be deposited into the Fund:

 

 

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

 

 

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1    addition to any moneys payable from the Fund to the City of
2    Chicago pursuant to the Illinois Fire Protection Training
3    Act.
4        (3) For making payments to local governmental agencies
5    and individuals pursuant to Section 10 of the Illinois Fire
6    Protection Training Act.
7        (4) For the maintenance and operation of the Office of
8    the State Fire Marshal, and the expenses incident thereto.
9        (4.5) For the maintenance, operation, and capital
10    expenses of the Mutual Aid Box Alarm System (MABAS).
11        (4.6) For grants awarded by the Small Fire-fighting and
12    Ambulance Service Equipment Grant Program established by
13    Section 2.7 of the State Fire Marshal Act.
14        (5) For any other purpose authorized by law.
15    (c-5) As soon as possible after the effective date of this
16amendatory Act of the 95th General Assembly, the Comptroller
17shall order the transfer and the Treasurer shall transfer
18$2,000,000 from the Fire Prevention Fund to the Fire Service
19and Small Equipment Fund, $9,000,000 from the Fire Prevention
20Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from
21the Fire Prevention Fund to the Ambulance Revolving Loan Fund.
22Beginning on July 1, 2008, each month, or as soon as practical
23thereafter, an amount equal to $2 from each fine received shall
24be transferred from the Fire Prevention Fund to the Fire
25Service and Small Equipment Fund, an amount equal to $1.50 from
26each fine received shall be transferred from the Fire

 

 

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1Prevention Fund to the Fire Truck Revolving Loan Fund, and an
2amount equal to $4 from each fine received shall be transferred
3from the Fire Prevention Fund to the Ambulance Revolving Loan
4Fund. These moneys shall be transferred from the moneys
5deposited into the Fire Prevention Fund pursuant to Public Act
695-154, together with not more than 25% of any unspent
7appropriations from the prior fiscal year. These moneys may be
8allocated to the Fire Truck Revolving Loan Fund, Ambulance
9Revolving Loan Fund, and Fire Service and Small Equipment Fund
10at the discretion of the Office of the State Fire Marshal for
11the purpose of implementation of this Act.
12    (d) Any portion of the Fire Prevention Fund remaining
13unexpended at the end of any fiscal year which is not needed
14for the maintenance and expenses of the Office of the State
15Fire Marshal or the maintenance and expenses of the Illinois
16Fire Service Institute, shall remain in the Fire Prevention
17Fund for the exclusive and restricted uses provided in
18subsections (c) and (c-5) of this Section.
19    (e) The Office of the State Fire Marshal shall keep on file
20an itemized statement of all expenses incurred which are
21payable from the Fund, other than expenses incurred by the
22Illinois Fire Service Institute, and shall approve all vouchers
23issued therefor before they are submitted to the State
24Comptroller for payment. Such vouchers shall be allowed and
25paid in the same manner as other claims against the State.
26(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10;

 

 

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197-114, eff. 1-1-12.)
 
2    Section 25. The Unified Code of Corrections is amended by
3changing Section 5-9-1.12 as follows:
 
4    (730 ILCS 5/5-9-1.12)
5    Sec. 5-9-1.12. Arson fines.
6    (a) In addition to any other penalty imposed, a fine of
7$500 shall be imposed upon a person convicted of the offense of
8arson, residential arson, or aggravated arson.
9    (b) The additional fine shall be assessed by the court
10imposing sentence and shall be collected by the Circuit Clerk
11in addition to the fine, if any, and costs in the case. Each
12such additional fine shall be remitted by the Circuit Clerk
13within one month after receipt to the State Treasurer for
14deposit into the Fire Prevention Service and Small Equipment
15Fund. The Circuit Clerk shall retain 10% of such fine to cover
16the costs incurred in administering and enforcing this Section.
17The additional fine may not be considered a part of the fine
18for purposes of any reduction in the fine for time served
19either before or after sentencing. Arson fines that were
20previously deposited into the Fire Prevention Fund prior to the
21adoption of Public Act 96-400 shall be used according to the
22purposes established in Section 13.1 of the Fire Investigation
23Act.
24    (c) (Blank) The moneys in the Fire Service and Small

 

 

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