Full Text of HB3233 98th General Assembly
HB3233enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Protection District Act is amended by | 5 | | changing 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 | 8 | | district incorporated
under this Act is authorized under the | 9 | | terms and conditions hereinafter
set out, to provide emergency | 10 | | ambulance service to or from points within
or without the | 11 | | district; to contract with providers of ambulance service;
to | 12 | | combine with other units of governments for the purpose of | 13 | | providing
ambulance service; to levy a tax for the provision of | 14 | | such service and to
adopt rules and regulations relating to | 15 | | ambulance 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 | 7 | | district desires
to levy a special tax to provide an ambulance | 8 | | service, it shall certify the
question to the proper election | 9 | | officials, who shall submit that question
at an election to the | 10 | | voters of the district. The result of such referendum
shall be | 11 | | entered upon the records of the district. If a majority of the
| 12 | | votes on the proposition are in favor of such proposition, the | 13 | | Board of
Trustees may thereafter levy a special tax at a rate | 14 | | not to exceed .30% of
the value of all taxable property within | 15 | | the district as equalized or
assessed by the Department of | 16 | | Revenue. The proposition shall be in
substantially the | 17 | | following 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 | 2 | | Act of the 98th General Assembly, whenever the Board of | 3 | | Trustees of a fire protection district desires
to levy a | 4 | | special tax to provide an ambulance service, it shall certify | 5 | | the
question to the proper election officials, who shall submit | 6 | | that question
at an election to the voters of the district. The | 7 | | result of such referendum
shall be entered upon the records of | 8 | | the district. If a majority of the
votes on the proposition are | 9 | | in favor of such proposition, the Board of
Trustees may | 10 | | thereafter levy a special tax at a rate not to exceed .40% of
| 11 | | the value of all taxable property within the district as | 12 | | equalized or
assessed by the Department of Revenue. The | 13 | | proposition 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 | 24 | | on the
proposition are in favor of levying a special tax to pay | 25 | | for an ambulance,
the Board of Trustees may levy and collect an | 26 | | annual tax for the purpose of
providing ambulance service under |
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| 1 | | this Act to be extended at a rate not to
exceed .40% .30% of the | 2 | | full fair cash value of the taxable property within the
| 3 | | governmental unit as assessed or equalized by the Department of | 4 | | Revenue.
Such annual tax shall be in addition to the other | 5 | | taxes a fire protection
district may levy for its corporate | 6 | | purposes.
| 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 | 25 | | January 1, 1978
to levy and collect an annual tax, for the | 26 | | purpose of providing ambulance
service, at any rate not |
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| 1 | | exceeding .25% of the full fair cash value of the
taxable | 2 | | property within the governmental unit as equalized or assessed | 3 | | by
the Department of Revenue, such Board of Trustees may by
| 4 | | resolution increase its authority to tax for ambulance purposes | 5 | | to a rate
not to exceed .30%. Such resolution shall be | 6 | | effective 30 days after its
adoption. Notice of such resolution | 7 | | shall be published twice in a newspaper
having a general | 8 | | circulation within the district at least 20 days and again
at | 9 | | least 10 days prior to the effective date of the resolution. | 10 | | Such notice
shall state that the voters of that fire protection | 11 | | district, which district
shall be described in the notice, have | 12 | | until 30 days after the adoption
of the resolution to file a | 13 | | petition with the Board of Trustees praying
that the question | 14 | | of the adoption of the resolution be submitted to a vote
of the | 15 | | electors of such territory, and that, if no such petition is | 16 | | filed,
the resolution shall become effective 30 days after its | 17 | | adoption. The
notice also shall state the specific number of | 18 | | voters required to sign the
petition and the date of the | 19 | | prospective referendum. The district secretary
shall provide a | 20 | | petition form to any individual requesting one. If such a
| 21 | | petition, signed by the voters of the district equal to 10% or | 22 | | more of the
registered voters of the district, is so filed with | 23 | | the Board of Trustees,
then the question of the adoption of the | 24 | | resolution shall be certified to
the proper election officials, | 25 | | who shall submit the question to a vote of
the electors of the | 26 | | district at an election in accordance with the general
election |
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| 1 | | law. If such a petition is filed, the resolution does not take
| 2 | | effect unless a majority of the votes cast upon the question of | 3 | | the
adoption of the resolution is in favor of adoption. | 4 | | However, if such a
petition is determined to be invalid, the | 5 | | resolution shall take effect.
| 6 | | The result of the election shall be entered upon the | 7 | | records of the
district. If a majority of the voters vote in | 8 | | favor of such resolution,
the resolution shall be effective | 9 | | immediately. The proposition shall be
in substantially the | 10 | | following form:
| 11 | | -------------------------------------------------------------
| 12 | | Shall the Board of Trustees of
| 13 | | the .... Fire Protection District YES
| 14 | | be authorized to increase the
| 15 | | special tax for ambulance service
| 16 | | to a rate not to exceed .30% of ------------------
| 17 | | the value of all taxable property
| 18 | | within the district as equalized or
| 19 | | assessed by the Department of Revenue NO
| 20 | | for the purpose of providing such service?
| 21 | | -------------------------------------------------------------
| 22 | | In this Section, "ambulance service" includes, without | 23 | | limitation, pre-hospital medical services. "Pre-hospital | 24 | | medical services" includes emergency services performed by a | 25 | | paramedic or other on-board emergency personnel that are within | 26 | | the scope of the provider's license. This amendatory Act of the |
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| 1 | | 95th 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 | 4 | | becoming law.
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