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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.
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