093_HB0120enr

 
HB0120 Enrolled                      LRB093 03770 MKM 03805 b

 1        AN ACT in relation to fire protection.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 2. The Township Code is amended by adding Section
 5    30-166 as follows:

 6        (60 ILCS 1/30-166 new)
 7        Sec. 30-166.  Charge against non-residents.
 8        (a)  The township board of each township may fix, charge,
 9    and collect fees not exceeding the  reasonable  cost  of  the
10    service  for  all  services  rendered by the township against
11    persons, businesses, and other entities who are not residents
12    of the township.
13        (b)  The charge may not be assessed against residents  of
14    the  township or persons who request fire protection coverage
15    for an unprotected area and who pay to the township an amount
16    equal to the township's fire protection tax under Article 200
17    of this Code.
18        (c)  The charge for such services shall be computed at  a
19    rate  not  to  exceed  $125  per  hour per vehicle and not to
20    exceed $35 per hour per firefighter responding to a call  for
21    assistance.   An additional charge may be levied to reimburse
22    the township for extraordinary expenses of materials used  in
23    rendering such services. No charge shall be made for services
24    for which the total charge would be less than $50.
25        (d)  All  revenue  from  the charges assessed pursuant to
26    this Section shall be deposited into the general fund of  the
27    township.

28        Section  5.  The  Illinois  Municipal  Code is amended by
29    adding Sections 11-5-7.2 and 11-6-1.1 as follows:
 
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 1        (65 ILCS 5/11-5-7.2 new)
 2        Sec.  11-5-7.2.  Emergency   medical   services   outside
 3    corporate  limits.  A  municipality  may  choose  to  provide
 4    emergency  medical services on property outside its corporate
 5    limits. The corporate authorities of  each  municipality  may
 6    fix,  charge,  and collect emergency medical service fees not
 7    exceeding the actual cost of the service  for  all  emergency
 8    medical   services   rendered  by  the  municipality  against
 9    persons,  businesses,  and  other  entities  that   are   not
10    residents  of  the  municipality. An additional charge may be
11    levied  to  reimburse  the  municipality  for   extraordinary
12    expenses of materials used in rendering the services. Nothing
13    in  this Section shall impact any agreement entered into by a
14    municipality and persons, businesses, and other entities that
15    are not  residents  of  the  municipality.  Nothing  in  this
16    Section  shall require a municipality to supply any emergency
17    medical services on property located  outside  the  corporate
18    limits of the municipality.

19        (65 ILCS 5/11-6-1.1 new)
20        Sec.  11-6-1.1.  Firefighting  services outside corporate
21    limits. A municipality may  choose  to  provide  firefighting
22    services  to  property  outside  its  corporate  limits.  The
23    corporate  authorities  of each municipality may fix, charge,
24    and collect  firefighting  service  fees  not  exceeding  the
25    actual  cost  of  the  service  for all firefighting services
26    rendered by the municipality against persons, businesses, and
27    other entities that are not residents of the municipality. An
28    additional charge may be levied to reimburse the municipality
29    for extraordinary expenses of materials used in rendering the
30    services. Nothing in this Section shall impact any  agreement
31    entered  into  by a municipality and persons, businesses, and
32    other entities that are not residents  of  the  municipality.
33    Nothing  in  this  Section  shall  require  a municipality to
 
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 1    supply any firefighting services to property located  outside
 2    the corporate limits of the municipality.

 3        Section  10.  The Fire Protection District Act is amended
 4    by changing Section 15 as follows:

 5        (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
 6        Sec. 15.  Whenever any property within a fire  protection
 7    district,  organized  under  this  Act,  does  not  have  the
 8    territorial  qualifications  described  in  Section 1 of this
 9    Act, or is not reasonably protected by the district from  the
10    hazards  of  fire or would receive greater benefit of service
11    from another such district or  other  municipal  corporation,
12    any  legal  voter within such district or the owner or owners
13    of such property may detach and disconnect such property from
14    such fire protection district in the following manner:
15        The owner or owners of such  property  within  such  fire
16    protection  district  or any legal voter within such district
17    may file his petition in the court in which such district was
18    organized  setting  forth  therein  the  description  of  the
19    property sought to be detached and disconnected, a  statement
20    that  the  detachment  and  disconnection  will not cause the
21    territory remaining in the district to be noncontiguous; that
22    the loss of assessed valuation by reason of the disconnection
23    of such territory will not impair the ability of the district
24    to render fully  adequate  fire  protection  service  to  the
25    territory  remaining  with  the  district; that the territory
26    will  remain  liable  for  its  proportionate  share  of  any
27    outstanding  bonded    indebtedness  of  the  district;   and
28    alleging   facts   in   support   of   such   detachment  and
29    disconnection, and praying that such property be detached and
30    disconnected  from  such  fire  protection   district.    The
31    petition  shall  be  signed and sworn to by the petitioner or
32    petitioners. For the purpose of meeting  the  requirement  of
 
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 1    this  Section  that the detachment and disconnection will not
 2    cause the remaining territory to be noncontiguous,  territory
 3    shall  be  considered to be contiguous if the only separation
 4    between parts of the territory is land owned  by  the  United
 5    States,  the State of Illinois, any agency or instrumentality
 6    of either, or any  regional  airport  authority.    Upon  the
 7    filing  of  such  petition,  the court shall set the same for
 8    hearing on a day not less than 2 weeks nor more than 4  weeks
 9    from the filing thereof and shall give 2 weeks notice of such
10    hearing in the manner provided in Section 1 of this Act.  The
11    fire  protection  district  shall be a necessary party to the
12    proceedings and it shall be served with summons in the manner
13    prescribed for a party defendant  under  the  Civil  Practice
14    Law.  All property owners in such district, the district from
15    which  such  transfer  of  territory  is  to be made, and all
16    persons interested therein may file objections,  and  at  the
17    hearing   may   appear   and   contest   the  detachment  and
18    disconnection of  the  property  from  such  fire  protection
19    district,  and  both  objectors and petitioners may offer any
20    competent evidence in regard thereto.   If  the  court,  upon
21    hearing  such petition, finds that the petition complies with
22    this Act and that the allegations of the  petition  are  true
23    the  court  shall  enter an order detaching and disconnecting
24    such property from such district, and thereupon such property
25    shall cease to be a part of such  fire  protection  district,
26    except that the property remains liable for its proportionate
27    share   of  any  outstanding    bonded  indebtedness  of  the
28    district. The circuit clerk shall transmit a  certified  copy
29    of  the order to the county clerk of each county in which any
30    of territory affected is situated and to the  Office  of  the
31    State Fire Marshal.
32    (Source: P.A. 91-323, eff. 1-1-00.)

33        Section  99.  Effective date.  This Act takes effect upon
 
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 1    becoming law.