98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3233

 

Introduced , by Rep. David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 705/22  from Ch. 127 1/2, par. 38.5

    Amends the Fire Protection District Act. Provides that on and after the effective date of this amendatory Act, a fire protection district may propose, by referendum, a special tax levy not to exceed .40% of the value of all taxable property within the district as equalized or assessed by the Department of Revenue for ambulance services. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5changing Section 22 as follows:
 
6    (70 ILCS 705/22)  (from Ch. 127 1/2, par. 38.5)
7    Sec. 22. The Board of Trustees of any fire protection
8district incorporated under this Act is authorized under the
9terms and conditions hereinafter set out, to provide emergency
10ambulance service to or from points within or without the
11district; to contract with providers of ambulance service; to
12combine with other units of governments for the purpose of
13providing ambulance service; to levy a tax for the provision of
14such service and to adopt rules and regulations relating to
15ambulance service within their jurisdiction.
16    (a) It is declared as a matter of public policy:
17        (1) That, in order to preserve, protect and promote the
18    public health, safety and general welfare, adequate and
19    continuing emergency ambulance service should be available
20    to every citizen of Illinois;
21        (2) That, insofar as it is economically feasible,
22    emergency ambulance service should be provided by private
23    enterprise; and

 

 

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1        (3) That, in the event adequate and continuing
2    emergency ambulance services do not exist, fire protection
3    districts should be authorized to provide, and shall cause
4    to be provided, ambulance service as a public
5    responsibility.
6    (b) Whenever the Board of Trustees of a fire protection
7district desires to levy a special tax to provide an ambulance
8service, it shall certify the question to the proper election
9officials, who shall submit that question at an election to the
10voters of the district. The result of such referendum shall be
11entered upon the records of the district. If a majority of the
12votes on the proposition are in favor of such proposition, the
13Board of Trustees may thereafter levy a special tax at a rate
14not to exceed .30% of the value of all taxable property within
15the district as equalized or assessed by the Department of
16Revenue. The proposition shall be in substantially the
17following form:
18-------------------------------------------------------------
19    Shall the .... Fire Protection
20 District levy  a special tax at a rate     YES
21 not to exceed .30% of the value of all
22 taxable property within the district as --------------------
23 equalized or assessed by the Department
24 of Revenue for the purpose of providing    NO
25 an ambulance service?
26-------------------------------------------------------------

 

 

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1    (b-5) On and after the effective date of this amendatory
2Act of the 98th General Assembly, whenever the Board of
3Trustees of a fire protection district desires to levy a
4special tax to provide an ambulance service, it shall certify
5the question to the proper election officials, who shall submit
6that question at an election to the voters of the district. The
7result of such referendum shall be entered upon the records of
8the district. If a majority of the votes on the proposition are
9in favor of such proposition, the Board of Trustees may
10thereafter levy a special tax at a rate not to exceed .40% of
11the value of all taxable property within the district as
12equalized or assessed by the Department of Revenue. The
13proposition shall be in substantially the following form:
14-
15    Shall the .... Fire Protection
16 District levy  a special tax at a rate     YES
17 not to exceed .40% of the value of all
18 taxable property within the district as --------------------
19 equalized or assessed by the Department
20 of Revenue for the purpose of providing    NO
21 an ambulance service?
22------------------------------------------------------------- 
23    (c) If it appears that a majority of all valid votes cast
24on the proposition are in favor of levying a special tax to pay
25for an ambulance, the Board of Trustees may levy and collect an
26annual tax for the purpose of providing ambulance service under

 

 

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

 

 

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

 

 

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1effect unless a majority of the votes cast upon the question of
2the adoption of the resolution is in favor of adoption.
3However, if such a petition is determined to be invalid, the
4resolution shall take effect.
5    The result of the election shall be entered upon the
6records of the district. If a majority of the voters vote in
7favor of such resolution, the resolution shall be effective
8immediately. The proposition shall be in substantially the
9following form:
10-------------------------------------------------------------
11    Shall the Board of Trustees of
12the .... Fire Protection District               YES
13be authorized to increase the
14special  tax for ambulance service
15to a rate  not to exceed .30% of           ------------------
16the value of all taxable property
17within the district as equalized or
18assessed by the Department of Revenue           NO
19for the purpose of providing such service?
20-------------------------------------------------------------
21    In this Section, "ambulance service" includes, without
22limitation, pre-hospital medical services. "Pre-hospital
23medical services" includes emergency services performed by a
24paramedic or other on-board emergency personnel that are within
25the scope of the provider's license. This amendatory Act of the
2695th General Assembly is declarative of existing law.

 

 

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1(Source: P.A. 95-497, eff. 1-1-08.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.