093_HB0120ham004











                                     LRB093 03770 MKM 14329 a

 1                     AMENDMENT TO HOUSE BILL 120

 2        AMENDMENT NO.     .  Amend House Bill 120, AS AMENDED, by
 3    replacing Section 5 with the following:

 4        "Section 5. The Illinois Municipal  Code  is  amended  by
 5    adding Sections 11-6-1.1 and 11-6-1.2 as follows:

 6        (65 ILCS 5/11-6-1.1 new)
 7        Sec. 11-6-1.1.  Charge against non-residents.
 8        (a)  The  corporate  authorities of each municipality may
 9    fix, charge, and collect fees not  exceeding  the  reasonable
10    cost  of  the  service  for  all  services  rendered  by  the
11    municipality  against persons, businesses, and other entities
12    who are not residents of the municipality.
13        (b)  The charge may not be assessed against residents  of
14    the  municipality  or  persons  who  request  fire protection
15    coverage  for  an  unprotected  area  and  who  pay  to   the
16    municipality  an  amount  equal  to  the  municipality's fire
17    protection tax pursuant to Section  11-7-1  of  the  Illinois
18    Municipal Code.
19        (c)  The  charge for such services shall be computed at a
20    rate not to exceed $125 per  hour  per  vehicle  and  not  to
21    exceed  $35 per hour per firefighter responding to a call for
22    assistance.  An additional charge may be levied to  reimburse
 
                            -2-      LRB093 03770 MKM 14329 a
 1    the municipality for extraordinary expenses of materials used
 2    in  rendering  such  services.  No  charge  shall be made for
 3    services for which the total charge would be less than $50.
 4        (d)  All revenue from the charges  assessed  pursuant  to
 5    this  Section shall be deposited into the general fund of the
 6    municipality.

 7        (65 ILCS 5/11-6-1.2 new)
 8        Sec. 11-6-1.2.  Firefighting services  outside  corporate
 9    limits.  A  municipality  may  choose to provide firefighting
10    services  to  property  outside  its  corporate  limits.  The
11    corporate authorities of each municipality may  fix,  charge,
12    and  collect  firefighting  service  fees  not  exceeding the
13    actual cost of the  service  for  all  firefighting  services
14    rendered by the municipality against persons, businesses, and
15    other entities that are not residents of the municipality. An
16    additional charge may be levied to reimburse the municipality
17    for extraordinary expenses of materials used in rendering the
18    services.  Nothing in this Section shall impact any agreement
19    entered into by a municipality and persons,  businesses,  and
20    other  entities  that  are not residents of the municipality.
21    Nothing in this  Section  shall  require  a  municipality  to
22    supply  any firefighting services to property located outside
23    the corporate limits of the municipality.

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

26        (70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
27        Sec.  15.  Whenever any property within a fire protection
28    district,  organized  under  this  Act,  does  not  have  the
29    territorial qualifications described in  Section  1  of  this
30    Act,  or is not reasonably protected by the district from the
31    hazards of fire or would receive greater benefit  of  service
 
                            -3-      LRB093 03770 MKM 14329 a
 1    from  another  such  district or other municipal corporation,
 2    any legal voter within such district or the owner  or  owners
 3    of such property may detach and disconnect such property from
 4    such fire protection district in the following manner:
 5        The  owner  or  owners  of such property within such fire
 6    protection district or any legal voter within  such  district
 7    may file his petition in the court in which such district was
 8    organized  setting  forth  therein  the  description  of  the
 9    property  sought to be detached and disconnected, a statement
10    that the detachment and  disconnection  will  not  cause  the
11    territory remaining in the district to be noncontiguous; that
12    the loss of assessed valuation by reason of the disconnection
13    of such territory will not impair the ability of the district
14    to  render  fully  adequate  fire  protection  service to the
15    territory remaining with the  district;  that  the  territory
16    will  remain  liable  for  its  proportionate  share  of  any
17    outstanding   bonded    indebtedness  of  the  district;  and
18    alleging  facts   in   support   of   such   detachment   and
19    disconnection, and praying that such property be detached and
20    disconnected   from   such  fire  protection  district.   The
21    petition shall be signed and sworn to by  the  petitioner  or
22    petitioners.  For  the  purpose of meeting the requirement of
23    this Section that the detachment and disconnection  will  not
24    cause  the remaining territory to be noncontiguous, territory
25    shall be considered to be contiguous if the  only  separation
26    between  parts  of  the territory is land owned by the United
27    States, the State of Illinois, any agency or  instrumentality
28    of  either,  or  any  regional  airport  authority.  Upon the
29    filing of such petition, the court shall  set  the  same  for
30    hearing  on a day not less than 2 weeks nor more than 4 weeks
31    from the filing thereof and shall give 2 weeks notice of such
32    hearing in the manner provided in Section 1 of this Act.  The
33    fire protection district shall be a necessary  party  to  the
34    proceedings and it shall be served with summons in the manner
 
                            -4-      LRB093 03770 MKM 14329 a
 1    prescribed  for  a  party  defendant under the Civil Practice
 2    Law.  All property owners in such district, the district from
 3    which such transfer of territory  is  to  be  made,  and  all
 4    persons  interested  therein  may file objections, and at the
 5    hearing  may  appear   and   contest   the   detachment   and
 6    disconnection  of  the  property  from  such  fire protection
 7    district, and both objectors and petitioners  may  offer  any
 8    competent  evidence  in  regard  thereto.  If the court, upon
 9    hearing such petition, finds that the petition complies  with
10    this  Act  and  that the allegations of the petition are true
11    the court shall enter an order  detaching  and  disconnecting
12    such property from such district, and thereupon such property
13    shall  cease  to  be a part of such fire protection district,
14    except that the property remains liable for its proportionate
15    share  of  any  outstanding    bonded  indebtedness  of   the
16    district.  The  circuit clerk shall transmit a certified copy
17    of the order to the county clerk of each county in which  any
18    of  territory  affected  is situated and to the Office of the
19    State Fire Marshal.
20    (Source: P.A. 91-323, eff. 1-1-00.)".