97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4437

 

Introduced 1/30/2012, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Finance Authority Act. Provides that the Comptroller shall order transferred and the Treasurer shall transfer all amounts remaining in the Fire Truck Revolving Loan Fund, the Fire Station Revolving Loan Fund, and the Ambulance Revolving Loan Fund to the Fire and Ambulance Services Revolving Loan Fund. Repeals the Fire Truck Revolving Loan Fund, the Fire Station Revolving Loan Fund, and the Ambulance Revolving Loan Fund. Amends the State Finance Act. Creates the Fire and Ambulance Services Revolving Loan Fund as a special fund in the State treasury. Provides that the Fund shall be used for (i) loans to fire departments and fire protection districts to purchase fire trucks, (ii) loans to fire departments and fire protection districts to construct fire stations, and (iii) loans to fire departments, fire protection districts, and non-profit ambulance services to purchase ambulances. Amends the Fire Investigation Act. Provides that the Fire Prevention Fund shall be used for grants awarded under the Small Fire-fighting and Ambulance Equipment Grant Program. Provides that, each month, $5.50 from each fine deposited into the Fire Prevention Fund shall be transferred to the Fire and Ambulance Services Revolving Loan Fund (now, $1.50 to the Fire Truck Revolving Loan Fund and $4 to the Ambulance Revolving Loan Fund). Amends the Illinois Vehicle Code. Provides that $15 of a fee imposed upon a person who is convicted of, pleads guilty to, or is placed on supervision for a serious traffic violation shall be deposited into the Fire and Ambulance Services Revolving Loan Fund (now, the Fire Truck Revolving Loan Fund). Amends the Unified Code of Corrections. Provides that an additional fine imposed upon a person convicted of arson shall be deposited into the Fire Prevention Fund (now, the Fire Service and Small Equipment Fund).


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4437LRB097 18409 PJG 63635 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 Illinois Finance Authority Act is amended by
5changing Sections 825-80, 825-81, and 825-85 as follows:
 
6    (20 ILCS 3501/825-80)
7    Sec. 825-80. Fire truck revolving loan program.
8    (a) This Section is a continuation and re-enactment of the
9fire truck revolving loan program enacted as Section 3-27 of
10the Rural Bond Bank Act by Public Act 93-35, effective June 24,
112003, and repealed by Public Act 93-205, effective January 1,
122004. Under the Rural Bond Bank Act, the program was
13administered by the Rural Bond Bank and the State Fire Marshal.
14    (b) The Authority and the State Fire Marshal shall jointly
15administer a fire truck revolving loan program. The program
16shall provide zero-interest loans for the purchase of fire
17trucks by a fire department, a fire protection district, or a
18township fire department. The Authority shall make loans based
19on need, as determined by the State Fire Marshal.
20    (c) The loan funds, subject to appropriation, shall be paid
21out of the Fire and Ambulance Services Truck Revolving Loan
22Fund, a special fund in the State Treasury. As soon as
23practical after the effective date of this amendatory Act of

 

 

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1the 97th General Assembly, the Comptroller shall order
2transferred and the Treasurer shall transfer all amounts
3remaining in the Fire Truck Revolving Loan Fund to the Fire and
4Ambulance Services Revolving Loan Fund. The Fund shall consist
5of any moneys transferred or appropriated into the Fund, as
6well as all repayments of loans made under the program and any
7balance existing in the Fund on the effective date of this
8Section. The Fund shall be used for loans to fire departments
9and fire protection districts to purchase fire trucks and for
10no other purpose. All interest earned on moneys in the Fund
11shall be deposited into the Fund.
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 and
19Ambulance Services Truck Revolving Loan Fund.
20    (e) The Authority and the State Fire Marshal shall adopt
21rules to administer the program.
22    (f) Notwithstanding the repeal of Section 3-27 of the Rural
23Bond Bank Act, all otherwise lawful actions taken on or after
24January 1, 2004 and before the effective date of this Section
25by any person under the authority originally granted by that
26Section 3-27, including without limitation the granting,

 

 

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1acceptance, and repayment of loans for the purchase of fire
2trucks, are hereby validated, and the rights and obligations of
3all parties to any such loan are hereby acknowledged and
4confirmed.
5(Source: P.A. 94-221, eff. 7-14-05.)
 
6    (20 ILCS 3501/825-81)
7    Sec. 825-81. Fire station revolving loan program.
8    (a) The Authority and the State Fire Marshal may jointly
9administer a fire station revolving loan program. The program
10may provide zero-interest loans for the construction,
11rehabilitation, remodeling, or expansion of a fire station or
12the acquisition of land for the construction or expansion of a
13fire station by a fire department, a fire protection district,
14or a township fire department. Once the program receives
15funding, the Authority shall make loans based on need, as
16determined by the State Fire Marshal.
17    (b) The loan funds, subject to appropriation, may be paid
18out of the Fire and Ambulance Services Station Revolving Loan
19Fund, a special fund in the State treasury. As soon as
20practical after the effective date of this amendatory Act of
21the 97th General Assembly, the Comptroller shall order
22transferred and the Treasurer shall transfer all amounts
23remaining in the Fire Station Revolving Loan Fund to the Fire
24and Ambulance Services Revolving Loan Fund. The Fund may
25consist of any moneys transferred or appropriated into the

 

 

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1Fund, as well as all repayments of loans made under the
2program. Once the program receives funding, the Fund may be
3used for loans to fire departments and fire protection
4districts to construct, rehabilitate, remodel, or expand fire
5stations or acquire land for the construction or expansion of
6fire stations and for no other purpose. All interest earned on
7moneys in the Fund shall be deposited into the Fund.
8    (c) A loan under the program may not exceed $2,000,000 to
9any fire department or fire protection district. The repayment
10period for the loan may not exceed 25 years. The fire
11department or fire protection district shall repay each year at
12least 4% of the principal amount borrowed or the remaining
13balance of the loan, whichever is less. All repayments of loans
14shall be deposited into the Fire and Ambulance Services Station
15Revolving Loan Fund.
16(Source: P.A. 96-135, eff. 8-7-09; 96-1172, eff. 7-22-10.)
 
17    (20 ILCS 3501/825-85)
18    Sec. 825-85. Ambulance revolving loan program.
19    (a) The Authority and the State Fire Marshal shall jointly
20administer an ambulance revolving loan program. The program
21shall provide zero-interest loans for the purchase of
22ambulances by a fire department, a fire protection district, a
23township fire department, or a non-profit ambulance service.
24The Authority shall make loans based on need, as determined by
25the State Fire Marshal.

 

 

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1    (b) The loan funds, subject to appropriation, shall be paid
2out of the Fire and Ambulance Services Revolving Loan Fund, a
3special fund in the State treasury. As soon as practical after
4the effective date of this amendatory Act of the 97th General
5Assembly, the Comptroller shall order transferred and the
6Treasurer shall transfer all amounts remaining in the Ambulance
7Revolving Loan Fund to the Fire and Ambulance Services
8Revolving Loan Fund. The Fund shall consist of any moneys
9transferred or appropriated into the Fund, as well as all
10repayments of loans made under the program. The Fund shall be
11used for loans to fire departments, fire protection districts,
12and non-profit ambulance services to purchase ambulances and
13for no other purpose. All interest earned on moneys in the Fund
14shall be deposited into the Fund.
15    (c) A loan for the purchase of ambulances may not exceed
16$100,000 to any fire department, fire protection district, or
17non-profit ambulance service. The repayment period for the loan
18may not exceed 10 years. The fire department, fire protection
19district, or non-profit ambulance service` shall repay each
20year at least 5% of the principal amount borrowed or the
21remaining balance of the loan, whichever is less. All
22repayments of loans shall be deposited into the Fire and
23Ambulance Services Revolving Loan Fund.
24    (d) The Authority and the State Fire Marshal shall adopt
25rules to administer the program.
26(Source: P.A. 94-829, eff. 6-5-06.)
 

 

 

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1    Section 10. The State Finance Act is amended by adding
2Sections 5.811 and 6z-93 as follows:
 
3    (30 ILCS 105/5.811 new)
4    Sec. 5.811. The Fire and Ambulance Services Revolving Loan
5Fund.
 
6    (30 ILCS 105/6z-93 new)
7    Sec. 6z-93. The Fire and Ambulance Services Revolving Loan
8Fund; creation. The Fire and Ambulance Services Revolving Loan
9Fund is created as a special fund in the State treasury. The
10Fund shall consist of any moneys transferred or appropriated
11into the Fund, as well as all repayments of loans made under
12Sections 825-80, 825-81, or 825-85 of the Illinois Finance
13Authority Act. The Fund shall be used for:
14        (1) loans to fire departments and fire protection
15    districts to purchase fire trucks;
16        (2) loans to fire departments and fire protection
17    districts to construct, rehabilitate, remodel, or expand
18    fire stations or acquire land for the construction or
19    expansion of fire stations; and
20        (3) loans to fire departments, fire protection
21    districts, and non-profit ambulance services to purchase
22    ambulances.
23All interest earned on moneys in the Fund shall be deposited

 

 

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1into the Fund.
 
2    (30 ILCS 105/5.598 rep.)
3    (30 ILCS 105/5.667 rep.)
4    (30 ILCS 105/5.727 rep.)
5    Section 15. The State Finance Act is amended by repealing
6Sections 5.598, 5.667, and 5.727.
 
7    Section 20. The Fire Investigation Act is amended by
8changing Section 13.1 as follows:
 
9    (425 ILCS 25/13.1)  (from Ch. 127 1/2, par. 17.1)
10    Sec. 13.1. Fire Prevention Fund.
11    (a) There shall be a special fund in the State Treasury
12known as the Fire Prevention Fund.
13    (b) The following moneys shall be deposited into the Fund:
14        (1) Moneys received by the Department of Insurance
15    under Section 12 of this Act.
16        (2) All fees and reimbursements received by the Office
17    of the State Fire Marshal.
18        (3) All receipts from boiler and pressure vessel
19    certification, as provided in Section 13 of the Boiler and
20    Pressure Vessel Safety Act.
21        (4) Such other moneys as may be provided by law.
22    (c) The moneys in the Fire Prevention Fund shall be used,
23subject to appropriation, for the following purposes:

 

 

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1        (1) Of the moneys deposited into the fund under Section
2    12 of this Act, 12.5% shall be available for the
3    maintenance of the Illinois Fire Service Institute and the
4    expenses, facilities, and structures incident thereto, and
5    for making transfers into the General Obligation Bond
6    Retirement and Interest Fund for debt service requirements
7    on bonds issued by the State of Illinois after January 1,
8    1986 for the purpose of constructing a training facility
9    for use by the Institute. An additional 2.5% of the moneys
10    deposited into the Fire Prevention Fund shall be available
11    to the Illinois Fire Service Institute for support of the
12    Cornerstone Training Program.
13        (2) Of the moneys deposited into the Fund under Section
14    12 of this Act, 10% shall be available for the maintenance
15    of the Chicago Fire Department Training Program and the
16    expenses, facilities and structures incident thereto, in
17    addition to any moneys payable from the Fund to the City of
18    Chicago pursuant to the Illinois Fire Protection Training
19    Act.
20        (3) For making payments to local governmental agencies
21    and individuals pursuant to Section 10 of the Illinois Fire
22    Protection Training Act.
23        (4) For the maintenance and operation of the Office of
24    the State Fire Marshal, and the expenses incident thereto.
25        (4.5) For the maintenance, operation, and capital
26    expenses of the Mutual Aid Box Alarm System (MABAS).

 

 

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1        (4.6) For grants awarded by the Small Fire-fighting and
2    Ambulance Service Equipment Grant Program established by
3    Section 2.7 of the State Fire Marshal Act.
4        (5) For any other purpose authorized by law.
5    (c-5) As soon as possible after the effective date of this
6amendatory Act of the 95th General Assembly, the Comptroller
7shall order the transfer and the Treasurer shall transfer
8$2,000,000 from the Fire Prevention Fund to the Fire Service
9and Small Equipment Fund, $9,000,000 from the Fire Prevention
10Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from
11the Fire Prevention Fund to the Ambulance Revolving Loan Fund.
12Beginning on July 1, 2008, each month, or as soon as practical
13thereafter, an amount equal to $2 from each fine received shall
14be transferred from the Fire Prevention Fund to the Fire
15Service and Small Equipment Fund, and an amount equal to $5.50
16$1.50 from each fine received shall be transferred from the
17Fire Prevention Fund to the Fire and Ambulance Services Truck
18Revolving Loan Fund, and an amount equal to $4 from each fine
19received shall be transferred from the Fire Prevention Fund to
20the Ambulance Revolving Loan Fund. These moneys shall be
21transferred from the moneys deposited into the Fire Prevention
22Fund pursuant to Public Act 95-154, together with not more than
2325% of any unspent appropriations from the prior fiscal year.
24These moneys may be allocated to the Fire and Ambulance
25Services Truck Revolving Loan Fund, Ambulance Revolving Loan
26Fund, and Fire Service and Small Equipment Fund at the

 

 

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1discretion of the Office of the State Fire Marshal for the
2purpose of implementation of this Act.
3    (d) Any portion of the Fire Prevention Fund remaining
4unexpended at the end of any fiscal year which is not needed
5for the maintenance and expenses of the Office of the State
6Fire Marshal or the maintenance and expenses of the Illinois
7Fire Service Institute, shall remain in the Fire Prevention
8Fund for the exclusive and restricted uses provided in
9subsections (c) and (c-5) of this Section.
10    (e) The Office of the State Fire Marshal shall keep on file
11an itemized statement of all expenses incurred which are
12payable from the Fund, other than expenses incurred by the
13Illinois Fire Service Institute, and shall approve all vouchers
14issued therefor before they are submitted to the State
15Comptroller for payment. Such vouchers shall be allowed and
16paid in the same manner as other claims against the State.
17(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10;
1897-114, eff. 1-1-12.)
 
19    Section 25. The Illinois Vehicle Code is amended by
20changing Section 16-104d as follows:
 
21    (625 ILCS 5/16-104d)
22    Sec. 16-104d. Additional fee; serious traffic violation.
23Any person who is convicted of, pleads guilty to, or is placed
24on supervision for a serious traffic violation, as defined in

 

 

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1Section 1-187.001 of this Code, a violation of Section 11-501
2of this Code, or a violation of a similar provision of a local
3ordinance shall pay an additional fee of $35. Of that fee, $15
4shall be deposited into the Fire Prevention Fund in the State
5treasury, $15 shall be deposited into the Fire and Ambulance
6Services Truck Revolving Loan Fund in the State treasury, and
7$5 shall be deposited into the Circuit Court Clerk Operation
8and Administrative Fund created by the Clerk of the Circuit
9Court.
10    This Section becomes inoperative 7 years after the
11effective date of this amendatory Act of the 95th General
12Assembly.
13(Source: P.A. 95-154, eff. 10-13-07; 96-286, eff. 8-11-09;
1496-1175, eff. 9-20-10.)
 
15    Section 30. The Unified Code of Corrections is amended by
16changing Section 5-9-1.12 as follows:
 
17    (730 ILCS 5/5-9-1.12)
18    Sec. 5-9-1.12. Arson fines.
19    (a) In addition to any other penalty imposed, a fine of
20$500 shall be imposed upon a person convicted of the offense of
21arson, residential arson, or aggravated arson.
22    (b) The additional fine shall be assessed by the court
23imposing sentence and shall be collected by the Circuit Clerk
24in addition to the fine, if any, and costs in the case. Each

 

 

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

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3501/825-80
4    20 ILCS 3501/825-81
5    20 ILCS 3501/825-85
6    30 ILCS 105/5.811 new
7    30 ILCS 105/6z-93 new
8    30 ILCS 105/5.598 rep.
9    30 ILCS 105/5.667 rep.
10    30 ILCS 105/5.727 rep.
11    425 ILCS 25/13.1from Ch. 127 1/2, par. 17.1
12    625 ILCS 5/16-104d
13    730 ILCS 5/5-9-1.12