Fire Protection

Filed: 5/17/2007

 

 


 

 


 
09500SB1244ham001 LRB095 04959 HLH 36037 a

1
AMENDMENT TO SENATE BILL 1244

2     AMENDMENT NO. ______. Amend Senate Bill 1244 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Township Code is amended by adding Section
5 14a as follows:
 
6     (60 ILCS 1/14a new)
7     Sec. 14a. Reimbursement for specialized rescue services. A
8 township that provides fire protection services may fix,
9 charge, and collect reasonable fees for specialized rescue
10 services provided by the township. The total amount collected
11 may not exceed the reasonable cost of providing those
12 specialized rescue services and may not, in any event, exceed
13 $125 per hour per vehicle and $35 per hour per firefighter. The
14 fee may be charged to any of the following parties, but only
15 after there has been a finding of fault against that party by
16 the Occupational Safety and Health Administration or the

 

 

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1 Illinois Department of Labor:
2         (a) the owner of the property on which the specialized
3     rescue services occurred;
4         (b) any person involved in an activity that caused or
5     contributed to the emergency;
6         (c) an individual who is rescued during the emergency
7     and his or her employer if the person was acting in
8     furtherance of the employer's interests;
9         (d) in cases involving the recovery of property, any
10     person having control or custody of the property at the
11     time of the emergency.
12     For the purposes of this Section, the term "specialized
13 rescue services" includes, but is not limited to, structural
14 collapse, tactical rescue, high angle rescue, underwater
15 rescue and recovery, confined space rescue, below grade rescue,
16 and trench rescue.
 
17     Section 10. The Illinois Municipal Code is amended by
18 adding Section 11-6-5 as follows:
 
19     (65 ILCS 5/11-6-5 new)
20     Sec. 11-6-5. Reimbursement for specialized rescue
21 services. The corporate authorities of a municipality that
22 operates a fire department may fix, charge, and collect
23 reasonable fees for specialized rescue services provided by the
24 department. The total amount collected may not exceed the

 

 

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1 reasonable cost of providing those specialized rescue services
2 and may not, in any event, exceed $125 per hour per vehicle and
3 $35 per hour per firefighter. The fee may be charged to any of
4 the following parties, but only after there has been a finding
5 of fault against that party by the Occupational Safety and
6 Health Administration or the Illinois Department of Labor:
7         (a) the owner of the property on which the specialized
8     rescue services occurred;
9         (b) any person involved in an activity that caused or
10     contributed to the emergency;
11         (c) an individual who is rescued during the emergency
12     and his or her employer if the person was acting in
13     furtherance of the employer's interests;
14         (d) in cases involving the recovery of property, any
15     person having control or custody of the property at the
16     time of the emergency.
17     For the purposes of this Section, the term "specialized
18 rescue services" includes, but is not limited to, structural
19 collapse, tactical rescue, high angle rescue, underwater
20 rescue and recovery, confined space rescue, below grade rescue,
21 and trench rescue.
 
22     Section 15. The Fire Protection District Act is amended by
23 changing Section 22 and by adding Section 25 as follows:
 
24     (70 ILCS 705/22)  (from Ch. 127 1/2, par. 38.5)

 

 

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1     Sec. 22. The Board of Trustees of any fire protection
2 district incorporated under this Act is authorized under the
3 terms and conditions hereinafter set out, to provide emergency
4 ambulance service to or from points within or without the
5 district; to contract with providers of ambulance service; to
6 combine with other units of governments for the purpose of
7 providing ambulance service; to levy a tax for the provision of
8 such service and to adopt rules and regulations relating to
9 ambulance service within their jurisdiction.
10     (a) It is declared as a matter of public policy:
11         (1) That, in order to preserve, protect and promote the
12     public health, safety and general welfare, adequate and
13     continuing emergency ambulance service should be available
14     to every citizen of Illinois;
15         (2) That, insofar as it is economically feasible,
16     emergency ambulance service should be provided by private
17     enterprise; and
18         (3) That, in the event adequate and continuing
19     emergency ambulance services do not exist, fire protection
20     districts should be authorized to provide, and shall cause
21     to be provided, ambulance service as a public
22     responsibility.
23     (b) Whenever the Board of Trustees of a fire protection
24 district desires to levy a special tax to provide an ambulance
25 service, it shall certify the question to the proper election
26 officials, who shall submit that question at an election to the

 

 

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1 voters of the district. The result of such referendum shall be
2 entered upon the records of the district. If a majority of the
3 votes on the proposition are in favor of such proposition, the
4 Board of Trustees may thereafter levy a special tax at a rate
5 not to exceed .30% of the value of all taxable property within
6 the district as equalized or assessed by the Department of
7 Revenue. The proposition shall be in substantially the
8 following form:
9 -------------------------------------------------------------
10     Shall the .... Fire Protection
11  District levy  a special tax at a rate     YES
12  not to exceed .30% of the value of all
13  taxable property within the district as --------------------
14  equalized or assessed by the Department
15  of Revenue for the purpose of providing    NO
16  an ambulance service?
17 -------------------------------------------------------------
18     (c) If it appears that a majority of all valid votes cast
19 on the proposition are in favor of levying a special tax to pay
20 for an ambulance, the Board of Trustees may levy and collect an
21 annual tax for the purpose of providing ambulance service under
22 this Act to be extended at a rate not to exceed .30% of the full
23 fair cash value of the taxable property within the governmental
24 unit as assessed or equalized by the Department of Revenue.
25 Such annual tax shall be in addition to the other taxes a fire
26 protection district may levy for its corporate purposes.

 

 

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1     (d) Any Board of trustees may:
2         1. Provide or operate an emergency ambulance service;
3         2. Contract with a private person, hospital,
4     corporation or another governmental unit for the provision
5     and operation of emergency ambulance service or subsidize
6     the service thereof;
7         3. Limit the number of ambulance services;
8         4. Within its jurisdiction, fix, charge and collect
9     fees for emergency ambulance service within or outside of
10     the fire protection district not exceeding the reasonable
11     cost of the service;
12         5. Establish necessary regulations not inconsistent
13     with the statutes or regulations of the Department of
14     Public Health relating to ambulance service;
15         6. The trustees shall have the power identified in
16     paragraphs 3 and 5 only if the district shall have passed
17     the referendum provided for herein.
18     (e) When any Board of Trustees is authorized prior to
19 January 1, 1978 to levy and collect an annual tax, for the
20 purpose of providing ambulance service, at any rate not
21 exceeding .25% of the full fair cash value of the taxable
22 property within the governmental unit as equalized or assessed
23 by the Department of Revenue, such Board of Trustees may by
24 resolution increase its authority to tax for ambulance purposes
25 to a rate not to exceed .30%. Such resolution shall be
26 effective 30 days after its adoption. Notice of such resolution

 

 

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1 shall be published twice in a newspaper having a general
2 circulation within the district at least 20 days and again at
3 least 10 days prior to the effective date of the resolution.
4 Such notice shall state that the voters of that fire protection
5 district, which district shall be described in the notice, have
6 until 30 days after the adoption of the resolution to file a
7 petition with the Board of Trustees praying that the question
8 of the adoption of the resolution be submitted to a vote of the
9 electors of such territory, and that, if no such petition is
10 filed, the resolution shall become effective 30 days after its
11 adoption. The notice also shall state the specific number of
12 voters required to sign the petition and the date of the
13 prospective referendum. The district secretary shall provide a
14 petition form to any individual requesting one. If such a
15 petition, signed by the voters of the district equal to 10% or
16 more of the registered voters of the district, is so filed with
17 the Board of Trustees, then the question of the adoption of the
18 resolution shall be certified to the proper election officials,
19 who shall submit the question to a vote of the electors of the
20 district at an election in accordance with the general election
21 law. If such a petition is filed, the resolution does not take
22 effect unless a majority of the votes cast upon the question of
23 the adoption of the resolution is in favor of adoption.
24 However, if such a petition is determined to be invalid, the
25 resolution shall take effect.
26     The result of the election shall be entered upon the

 

 

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1 records of the district. If a majority of the voters vote in
2 favor of such resolution, the resolution shall be effective
3 immediately. The proposition shall be in substantially the
4 following form:
5 -------------------------------------------------------------
6     Shall the Board of Trustees of
7 the .... Fire Protection District               YES
8 be authorized to increase the
9 special  tax for ambulance service
10 to a rate  not to exceed .30% of           ------------------
11 the value of all taxable property
12 within the district as equalized or
13 assessed by the Department of Revenue           NO
14 for the purpose of providing such service?
15 -------------------------------------------------------------
16     In this Section, "ambulance service" includes, without
17 limitation, pre-hospital medical services. "Pre-hospital
18 medical services" includes emergency services performed by a
19 paramedic or other on-board emergency personnel that are within
20 the scope of the provider's license. This amendatory Act of the
21 95th General Assembly is declarative of existing law.
22 (Source: P.A. 86-1253; 87-767.)
 
23     (70 ILCS 705/25 new)
24     Sec. 25. Reimbursement for specialized rescue services. A
25 fire protection district may fix, charge, and collect

 

 

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1 reasonable fees for specialized rescue services provided by the
2 district. The total amount collected may not exceed the
3 reasonable cost of providing those specialized rescue services
4 and may not, in any event, exceed $125 per hour per vehicle and
5 $35 per hour per firefighter. The fee may be charged to any of
6 the following parties, but only after there has been a finding
7 of fault against that party by the Occupational Safety and
8 Health Administration or the Illinois Department of Labor:
9         (a) the owner of the property on which the specialized
10     rescue services occurred;
11         (b) any person involved in an activity that caused or
12     contributed to the emergency;
13         (c) an individual who is rescued during the emergency
14     and his or her employer if the person was acting in
15     furtherance of the employer's interests;
16         (d) in cases involving the recovery of property, any
17     person having control or custody of the property at the
18     time of the emergency.
19 For the purposes of this Section, the term "specialized rescue
20 services" includes, but is not limited to, structural collapse,
21 tactical rescue, high angle rescue, underwater rescue and
22 recovery, confined space rescue, below grade rescue, and trench
23 rescue.".