HB3233 EnrolledLRB098 11019 OMW 41698 b

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
16District levy  a special tax at a rate     YES
17not to exceed .40% of the value of all
18taxable property within the district as ---------------------
19equalized or assessed by the Department
20of Revenue for the purpose of providing    NO
21an 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 .40% .30% of the
2full fair cash value of the taxable property within the
3governmental unit as assessed or equalized by the Department of
4Revenue. Such annual tax shall be in addition to the other
5taxes a fire protection district may levy for its corporate
6purposes.
7    (d) Any Board of trustees may:
8        1. Provide or operate an emergency ambulance service;
9        2. Contract with a private person, hospital,
10    corporation or another governmental unit for the provision
11    and operation of emergency ambulance service or subsidize
12    the service thereof;
13        3. Limit the number of ambulance services;
14        4. Within its jurisdiction, fix, charge and collect
15    fees for emergency ambulance service within or outside of
16    the fire protection district not exceeding the reasonable
17    cost of the service;
18        5. Establish necessary regulations not inconsistent
19    with the statutes or regulations of the Department of
20    Public Health relating to ambulance service;
21        6. The trustees shall have the power identified in
22    paragraphs 3 and 5 only if the district shall have passed
23    the referendum provided for herein.
24    (e) When any Board of Trustees is authorized prior to
25January 1, 1978 to levy and collect an annual tax, for the
26purpose of providing ambulance service, at any rate not

 

 

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

 

 

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1law. If such a petition is filed, the resolution does not take
2effect unless a majority of the votes cast upon the question of
3the adoption of the resolution is in favor of adoption.
4However, if such a petition is determined to be invalid, the
5resolution shall take effect.
6    The result of the election shall be entered upon the
7records of the district. If a majority of the voters vote in
8favor of such resolution, the resolution shall be effective
9immediately. The proposition shall be in substantially the
10following form:
11-------------------------------------------------------------
12    Shall the Board of Trustees of
13the .... Fire Protection District               YES
14be authorized to increase the
15special  tax for ambulance service
16to a rate  not to exceed .30% of           ------------------
17the value of all taxable property
18within the district as equalized or
19assessed by the Department of Revenue           NO
20for the purpose of providing such service?
21-------------------------------------------------------------
22    In this Section, "ambulance service" includes, without
23limitation, pre-hospital medical services. "Pre-hospital
24medical services" includes emergency services performed by a
25paramedic or other on-board emergency personnel that are within
26the scope of the provider's license. This amendatory Act of the

 

 

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195th General Assembly is declarative of existing law.
2(Source: P.A. 95-497, eff. 1-1-08.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.