SB3373sam001 97TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 3/16/2012

 

 


 

 


 
09700SB3373sam001LRB097 18408 PJG 67397 a

1
AMENDMENT TO SENATE BILL 3373

2    AMENDMENT NO. ______. Amend Senate Bill 3373 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1the grant program under subsection (a) of this Section. Moneys
2received for the purposes of this Section, including, without
3limitation, proceeds deposited under the Fire Investigation
4Act and gifts, grants, and awards from any public or private
5entity must be deposited into the Fund. Any interest earned on
6moneys in the Fund must be deposited into the Fund.
7    (b-1) The Fire Service and Small Equipment Fund is
8dissolved. Any moneys remaining in the Fund on the effective
9date of this amendatory Act of the 97th General Assembly shall
10be transferred to the Fire Prevention Fund.
11    (c) As used in this Section, "small fire-fighting and
12ambulance equipment" includes, without limitation, turnout
13gear, air packs, thermal imaging cameras, jaws of life,
14defibrillators, communications equipment, including but not
15limited to pagers and radios, and other fire-fighting or life
16saving equipment, as determined by the State Fire Marshal.
17    (d) The Office shall adopt any rules necessary for the
18implementation and administration of this Section.
19(Source: P.A. 95-717, eff. 4-8-08; 96-386, eff. 8-13-09.)
 
20    Section 10. The Illinois Finance Authority Act is amended
21by changing Sections 825-80, 825-81, and 825-85 and by adding
22Section 825-87 as follows:
 
23    (20 ILCS 3501/825-80)
24    Sec. 825-80. Fire truck revolving loan program.

 

 

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1    (a) This Section is a continuation and re-enactment of the
2fire truck revolving loan program enacted as Section 3-27 of
3the Rural Bond Bank Act by Public Act 93-35, effective June 24,
42003, and repealed by Public Act 93-205, effective January 1,
52004. Under the Rural Bond Bank Act, the program was
6administered by the Rural Bond Bank and the State Fire Marshal.
7    (b) The Authority and the State Fire Marshal may shall
8jointly administer a fire truck revolving loan program. The
9program shall, in instances where sufficient loan funds exist
10to permit applications to be accepted, provide financial
11support, including zero-interest and low-interest loans, for
12the purchase of fire trucks by a fire department, a fire
13protection district, or a township fire department. The
14Authority shall provide support make loans based on need, as
15determined by the State Fire Marshal.
16    (c) The loan funds, subject to appropriation, shall be paid
17out of the Fire Truck Revolving Loan Fund, a special fund in
18the State Treasury. The Fund shall consist of any moneys
19transferred or appropriated into the Fund, as well as all
20repayments of loans made under the program and any balance
21existing in the Fund on the effective date of this Section. The
22Fund shall be used for loans to fire departments and fire
23protection districts to purchase fire trucks and for no other
24purpose. All interest earned on moneys in the Fund shall be
25deposited into the Fund. On the effective date of this
26amendatory Act of the 97th General Assembly, all moneys in the

 

 

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1Fire Truck Revolving Loan Fund shall be transferred to the
2Authority, and, on and after the effective date of this
3amendatory Act of the 97th General Assembly, all moneys that
4would otherwise be deposited into the Fire Truck Revolving Loan
5Fund under this Section shall be transferred to the Authority;
6provided that the Authority and the State Fire Marshal enter
7into an intergovernmental agreement to use the moneys
8transferred to the Authority from the Fund solely for the
9purposes for which the moneys would otherwise be used under
10this Section and to set forth procedures to otherwise
11administer the use of the moneys.
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 financial support,
13including zero-interest and low-interest loans, for the
14construction, rehabilitation, remodeling, or expansion of a
15fire station or the acquisition of land for the construction or
16expansion of a fire station by a fire department, a fire
17protection district, or a township fire department. Once the
18program receives funding, the Authority shall provide support
19make loans based on need, as determined by the State Fire
20Marshal.
21    (b) The loan funds, subject to appropriation, may be paid
22out of the Fire Station Revolving Loan Fund, a special fund in
23the State treasury. The Fund may consist of any moneys
24transferred or appropriated into the Fund, as well as all
25repayments of loans made under the program. Once the program

 

 

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1receives funding, the Fund may be used for loans to fire
2departments and fire protection districts to construct,
3rehabilitate, remodel, or expand fire stations or acquire land
4for the construction or expansion of fire stations and for no
5other purpose. All interest earned on moneys in the Fund shall
6be deposited into the Fund. On the effective date of this
7amendatory Act of the 97th General Assembly, all moneys in the
8Fire Station Revolving Loan Fund shall be transferred to the
9Authority, and, on and after the effective date of this
10amendatory Act of the 97th General Assembly, all moneys that
11would otherwise be deposited into the Fire Station Revolving
12Loan Fund under this Section shall be transferred to the
13Authority; provided that the Authority and the State Fire
14Marshal enter into an intergovernmental agreement to use the
15moneys transferred to the Authority from the Fund solely for
16the purposes for which the moneys would otherwise be used under
17this Section and to set forth procedures to otherwise
18administer the use of the moneys.
19    (c) A loan under the program may not exceed $2,000,000 to
20any fire department or fire protection district. The repayment
21period for the loan may not exceed 25 years. The fire
22department or fire protection district shall repay each year at
23least 4% of the principal amount borrowed or the remaining
24balance of the loan, whichever is less. All repayments of loans
25shall be deposited into the Fire Station Revolving Loan Fund.
26    (d) The Authority and the State Fire Marshal may adopt

 

 

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1rules in accordance with the Illinois Administrative Procedure
2Act to administer the program.
3(Source: P.A. 96-135, eff. 8-7-09; 96-1172, eff. 7-22-10.)
 
4    (20 ILCS 3501/825-85)
5    Sec. 825-85. Ambulance revolving loan program.
6    (a) The Authority and the State Fire Marshal may shall
7jointly administer an ambulance revolving loan program. The
8program shall, in instances where sufficient loan funds exist
9to permit applications to be accepted, provide financial
10support, including zero-interest and low-interest loans, for
11the purchase of ambulances by a fire department, a fire
12protection district, a township fire department, or a
13non-profit ambulance service. The Authority shall provide
14support make loans based on need, as determined by the State
15Fire Marshal.
16    (b) The loan funds, subject to appropriation, shall be paid
17out of the Ambulance Revolving Loan Fund, a special fund in the
18State treasury. The Fund shall consist of any moneys
19transferred or appropriated into the Fund, as well as all
20repayments of loans made under the program. The Fund shall be
21used for loans to fire departments, fire protection districts,
22and non-profit ambulance services to purchase ambulances and
23for no other purpose. All interest earned on moneys in the Fund
24shall be deposited into the Fund. On the effective date of this
25amendatory Act of the 97th General Assembly, all moneys in the

 

 

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1Ambulance Revolving Loan Fund shall be transferred to the
2Authority, and, on and after the effective date of this
3amendatory Act of the 97th General Assembly, all moneys that
4would otherwise be deposited into the Ambulance Revolving Loan
5Fund under this Section shall be transferred to the Authority;
6provided that the Authority and the State Fire Marshal enter
7into an intergovernmental agreement to use the moneys
8transferred to the Authority from the Fund solely for the
9purposes for which the moneys would otherwise be used under
10this Section and to set forth procedures to otherwise
11administer the use of the moneys.
12    (c) A loan for the purchase of ambulances may not exceed
13$100,000 to any fire department, fire protection district, or
14non-profit ambulance service. The repayment period for the loan
15may not exceed 10 years. The fire department, fire protection
16district, or non-profit ambulance service` 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 Ambulance
20Revolving Loan Fund.
21    (d) The Authority and the State Fire Marshal may shall
22adopt rules in accordance with the Illinois Administrative
23Procedure Act to administer the program.
24(Source: P.A. 94-829, eff. 6-5-06.)
 
25    (20 ILCS 3501/825-87 new)

 

 

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1    Sec. 825-87. Public life safety capital investment finance
2program.
3    (a) In addition to the powers set forth in Sections 825-80,
4825-81, and 825-85 of this Act and in furtherance of the
5purposes and programs set forth in those Sections, the
6Authority may use loans and guarantees as authorized in this
7Act to maximize the number of participants in the programs and
8to maximize the efficient use of taxpayer appropriated funds.
9The moneys identified in Sections 825-80, 825-81, and 825-85 of
10this Act shall be used by the Authority only for the express
11purposes described in those Sections.
12    (b) The Authority, after consulting with the State Fire
13Marshal, may determine the financial structure, including but
14not limited to the terms, conditions, collateral, maturity, and
15interest rate, of loans or guarantees authorized by the
16programs under Sections 825-80, 825-81, and 825-85 of this Act.
17    (c) The Authority and the State Fire Marshal may access the
18moneys referenced in Sections 825-80, 825-81, and 825-85 of
19this Act and may fix, determine, charge, and collect fees, in
20connection with the programs under Sections 825-80, 825-81 and
21825-85 of this Act and in furtherance of the purposes set forth
22in this Section.
23    (d) The Authority and the State Fire Marshal may adopt
24rules in accordance with the Illinois Administrative Procedure
25Act to administer the programs under this Section.
 

 

 

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1    (30 ILCS 105/5.712 rep.)
2    Section 15. The State Finance Act is amended by repealing
3Section 5.712.
 
4    Section 20. The Fire Investigation Act is amended by
5changing Section 13.1 as follows:
 
6    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)
7    Sec. 13.1. Fire Prevention Fund.
8    (a) There shall be a special fund in the State Treasury
9known as the Fire Prevention Fund.
10    (b) The following moneys shall be deposited into the Fund:
11        (1) Moneys received by the Department of Insurance
12    under Section 12 of this Act.
13        (2) All fees and reimbursements received by the Office
14    of the State Fire Marshal.
15        (3) All receipts from boiler and pressure vessel
16    certification, as provided in Section 13 of the Boiler and
17    Pressure Vessel Safety Act.
18        (4) Such other moneys as may be provided by law.
19    (c) The moneys in the Fire Prevention Fund shall be used,
20subject to appropriation, for the following purposes:
21        (1) Of the moneys deposited into the fund under Section
22    12 of this Act, 12.5% shall be available for the
23    maintenance of the Illinois Fire Service Institute and the
24    expenses, facilities, and structures incident thereto, and

 

 

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1    for making transfers into the General Obligation Bond
2    Retirement and Interest Fund for debt service requirements
3    on bonds issued by the State of Illinois after January 1,
4    1986 for the purpose of constructing a training facility
5    for use by the Institute. An additional 2.5% of the moneys
6    deposited into the Fire Prevention Fund shall be available
7    to the Illinois Fire Service Institute for support of the
8    Cornerstone Training Program.
9        (2) Of the moneys deposited into the Fund under Section
10    12 of this Act, 10% shall be available for the maintenance
11    of the Chicago Fire Department Training Program and the
12    expenses, facilities and structures incident thereto, in
13    addition to any moneys payable from the Fund to the City of
14    Chicago pursuant to the Illinois Fire Protection Training
15    Act.
16        (3) For making payments to local governmental agencies
17    and individuals pursuant to Section 10 of the Illinois Fire
18    Protection Training Act.
19        (4) For the maintenance and operation of the Office of
20    the State Fire Marshal, and the expenses incident thereto.
21        (4.5) For the maintenance, operation, and capital
22    expenses of the Mutual Aid Box Alarm System (MABAS).
23        (4.6) For grants awarded by the Small Fire-fighting and
24    Ambulance Service Equipment Grant Program established by
25    Section 2.7 of the State Fire Marshal Act.
26        (5) For any other purpose authorized by law.

 

 

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1    (c-5) As soon as possible after the effective date of this
2amendatory Act of the 95th General Assembly, the Comptroller
3shall order the transfer and the Treasurer shall transfer
4$2,000,000 from the Fire Prevention Fund to the Fire Service
5and Small Equipment Fund, $9,000,000 from the Fire Prevention
6Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from
7the Fire Prevention Fund to the Ambulance Revolving Loan Fund.
8Beginning on July 1, 2008, each month, or as soon as practical
9thereafter, an amount equal to $2 from each fine received shall
10be transferred from the Fire Prevention Fund to the Fire
11Service and Small Equipment Fund, an amount equal to $1.50 from
12each fine received shall be transferred from the Fire
13Prevention Fund to the Fire Truck Revolving Loan Fund, and an
14amount equal to $4 from each fine received shall be transferred
15from the Fire Prevention Fund to the Ambulance Revolving Loan
16Fund. These moneys shall be transferred from the moneys
17deposited into the Fire Prevention Fund pursuant to Public Act
1895-154, together with not more than 25% of any unspent
19appropriations from the prior fiscal year. These moneys may be
20allocated to the Fire Truck Revolving Loan Fund, Ambulance
21Revolving Loan Fund, and Fire Service and Small Equipment Fund
22at the discretion of the Office of the State Fire Marshal for
23the purpose of implementation of this Act.
24    (d) Any portion of the Fire Prevention Fund remaining
25unexpended at the end of any fiscal year which is not needed
26for the maintenance and expenses of the Office of the State

 

 

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1Fire Marshal or the maintenance and expenses of the Illinois
2Fire Service Institute, shall remain in the Fire Prevention
3Fund for the exclusive and restricted uses provided in
4subsections (c) and (c-5) of this Section.
5    (e) The Office of the State Fire Marshal shall keep on file
6an itemized statement of all expenses incurred which are
7payable from the Fund, other than expenses incurred by the
8Illinois Fire Service Institute, and shall approve all vouchers
9issued therefor before they are submitted to the State
10Comptroller for payment. Such vouchers shall be allowed and
11paid in the same manner as other claims against the State.
12(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10;
1397-114, eff. 1-1-12.)
 
14    Section 25. The Unified Code of Corrections is amended by
15changing Section 5-9-1.12 as follows:
 
16    (730 ILCS 5/5-9-1.12)
17    Sec. 5-9-1.12. Arson fines.
18    (a) In addition to any other penalty imposed, a fine of
19$500 shall be imposed upon a person convicted of the offense of
20arson, residential arson, or aggravated arson.
21    (b) The additional fine shall be assessed by the court
22imposing sentence and shall be collected by the Circuit Clerk
23in addition to the fine, if any, and costs in the case. Each
24such additional fine shall be remitted by the Circuit Clerk

 

 

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1within one month after receipt to the State Treasurer for
2deposit into the Fire Prevention Service and Small Equipment
3Fund. The Circuit Clerk shall retain 10% of such fine to cover
4the costs incurred in administering and enforcing this Section.
5The additional fine may not be considered a part of the fine
6for purposes of any reduction in the fine for time served
7either before or after sentencing. Arson fines that were
8previously deposited into the Fire Prevention Fund prior to the
9adoption of Public Act 96-400 shall be used according to the
10purposes established in Section 13.1 of the Fire Investigation
11Act.
12    (c) (Blank) The moneys in the Fire Service and Small
13Equipment Fund collected as additional fines under this Section
14shall be distributed by the Office of the State Fire Marshal as
15appropriated and according to the rules set forth and adopted
16under the Emergency Services Response Reimbursement for
17Criminal Convictions Act.
18    (d) (Blank).
19(Source: P.A. 95-331, eff. 8-21-07; 96-400, eff. 8-13-09.)".