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Public Act 096-1177


 

Public Act 1177 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1177
 
SB3722 EnrolledLRB096 20662 RLJ 36379 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Fire Protection of Unprotected Area Act is
amended by changing Sections 1, 2, 3, 4, 5, 6, and 7 as
follows:
 
    (70 ILCS 715/1)  (from Ch. 127 1/2, par. 301)
    Sec. 1. Definitions. As used in this Act: As used in this
Act:
    "Unprotected area" means any part of an unincorporated area
of a county of less than 500,000 inhabitants, which is not part
of a fire protection jurisdiction district, or which does not
have available on voluntary or contractual basis a source of
fire protection coverage.
    "Fire Marshal" means the State Fire Marshal.
    "Fire Protection Jurisdiction District" includes fire
departments of any unit units of local government.
    "Fire Protection Coverage" means the availability of fire
protection on a voluntary, or contractual basis, from a
municipal fire department or fire protection district, or
eligibility to receive services from a unit of local government
that provides fire protection.
(Source: P.A. 79-1054.)
 
    (70 ILCS 715/2)  (from Ch. 127 1/2, par. 302)
    Sec. 2. Fire protection. After December 31, 1975, all
unprotected areas of unincorporated portions of counties of
less than 500,000 inhabitants shall be eligible for assignment
by the Fire Marshal of fire protection coverage from a fire
protection jurisdiction district. Incorporated areas and
municipal fire departments shall be exempt from the provisions
of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (70 ILCS 715/3)  (from Ch. 127 1/2, par. 303)
    Sec. 3. Request for coverage. Upon written request to the
Fire Marshal, from registered voters or property owners of an
unprotected area, the Fire Marshal is authorized to contact
with all practicable speed fire protection jurisdictions
districts near such unprotected area, to seek to arrange for
fire protection coverage from a fire protection jurisdiction
district under a voluntary, negotiated fee basis.
(Source: P.A. 83-392.)
 
    (70 ILCS 715/4)  (from Ch. 127 1/2, par. 304)
    Sec. 4. Assignment of coverage; payment.
    (a) If unable to arrange or negotiate successfully for fire
protection coverage on a fee basis to the unprotected area
within a reasonable period of time, the Fire Marshal may assign
a source of fire protection coverage to the unprotected area
from a nearby fire protection jurisdiction district.
    (b) Whenever fire protection coverage services are
provided to an unprotected area by a fire protection district,
the persons requesting such services after the effective date
of this amendatory Act of 1983 shall pay to the fire protection
district providing the services an amount equal to the Fire
Protection Tax levied by the fire protection district providing
fire protection services. Such amount shall be paid annually on
the anniversary date of the assignment.
    (b-5) If fire protection coverage services are provided to
an unprotected area by a municipal fire department, then the
persons requesting the services shall pay to the municipality
for providing fire protection an amount assigned by the
municipality. The amount shall be paid annually on the
anniversary date of the assignment by the Fire Marshal.
    (c) The fire protection jurisdiction district that
provides fire protection coverage services shall request
payment each year as required by paragraph (b) from the persons
requesting such services. Such request shall be sent by first
class mail. If no payment is received within 30 days, a second
request shall be sent. If no payment is received within 15 days
after the second request is sent, a third request for payment
shall be sent by certified mail.
    If no payment is received within 15 days after the mailing
of the third notice, the fire protection jurisdiction district
shall certify to the Fire Marshal that the above notices were
sent and that payment was not received. Upon receipt of the
certification of nonpayment, the Fire Marshal shall terminate
the assignment to such person's property.
(Source: P.A. 83-392.)
 
    (70 ILCS 715/5)  (from Ch. 127 1/2, par. 305)
    Sec. 5. Term of coverage. Except as otherwise provided in
this Section, an assignment under this Act shall be in force
for 2 years. After such time no part of the area shall be
eligible for another assignment. A person that has been
assigned fire protection coverage services pursuant to this Act
may petition the corporate authorities of the fire protection
jurisdiction district providing such coverage for a continued
assignment of coverage under this Act. If the corporate
authorities agree to such continued assignment, they shall
notify the Fire Marshal of such agreement and shall continue to
provide for fire protection coverage to the property so long as
payments to the jurisdiction district for such coverage as
provided in this Act are made.
(Source: P.A. 85-1434.)
 
    (70 ILCS 715/6)  (from Ch. 127 1/2, par. 306)
    Sec. 6. Priorities of assigned fire protection
jurisdiction. The provisions of this statute, as provided in
Section 4, shall in no way supersede the responsibility of the
assigned fire protection jurisdiction district to respond to
calls for fire protection coverage within their own
jurisdiction district, or under prior contractual agreements,
on a priority basis. The assignment authority of the Fire
Marshal, as provided herein, shall require a fire protection
jurisdiction district to provide fire protection coverage, to
the best of their ability, subject to above priority
considerations.
(Source: P.A. 79-1054.)
 
    (70 ILCS 715/7)  (from Ch. 127 1/2, par. 307)
    Sec. 7. Exemptions from provisions of this Act.
    (a) Where a designated or assigned fire protection
jurisdiction district can show cause, to the satisfaction of
the Fire Marshal, that assignment to provide fire protection
coverage to an unprotected area would raise the Insurance
Service Office fire rating classification of the jurisdiction
district to a higher category or classification than that
presently held, it shall, upon presentation of such sufficient
evidence to the State Fire Marshal, be exempt from assignment
by provisions of this statute to a designated area.
    (b) Territory formerly included in a fire protection
district which has been dissolved pursuant to Section 15a of
"An Act in relation to fire protection districts", approved
July 8, 1927, as amended, shall be exempt from assignment and
negotiation under the provisions of this Act for a period of 24
months after such dissolution.
    (c) The Fire Marshal may not assign an unprotected area to
a municipal fire department unless an ordinance or resolution
has been approved by the corporate authorities of the
municipality agreeing to the assignment.
(Source: P.A. 83-392.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 07/22/2010