Bill Text: IL HB4359 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Fire Protection District Act. In provisions authorizing taxes for ambulance services, provides that the board of trustees of a district may accumulate funds in its ambulance fund for the purposes of acquiring, building, or maintaining real property, procuring emergency medical service vehicles or equipment, or training to provide essential emergency medical services to the community. In provisions authorizing taxes for emergency and rescue crews and equipment, provides that the board of trustees may accumulate funds in its emergency and rescue fund for the purposes of acquiring, building, or maintaining real property for emergency and rescue purposes, procuring emergency rescue crews and equipment, or training to provide essential rescue, specialized rescue, and technical rescue services to the community.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-05-08 - Placed on Calendar Order of 3rd Reading May 8, 2024 [HB4359 Detail]

Download: Illinois-2023-HB4359-Engrossed.html

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HB4359 Engrossed LRB103 35352 AWJ 65416 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Protection District Act is amended by
changing Sections 22 and 24 as follows:
(70 ILCS 705/22) (from Ch. 127 1/2, par. 38.5)
Sec. 22. The Board of Trustees of any fire protection
district incorporated under this Act is authorized under the
terms and conditions hereinafter set out, to provide emergency
ambulance service to or from points within or without the
district; to contract with providers of ambulance service; to
combine with other units of governments for the purpose of
providing ambulance service; to levy a tax for the provision
of such service and to adopt rules and regulations relating to
ambulance service within their jurisdiction.
(a) It is declared as a matter of public policy:
(1) That, in order to preserve, protect and promote
the public health, safety and general welfare, adequate
and continuing emergency ambulance service should be
available to every citizen of Illinois;
(2) That, insofar as it is economically feasible,
emergency ambulance service should be provided by private
enterprise; and

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(3) That, in the event adequate and continuing
emergency ambulance services do not exist, fire protection
districts should be authorized to provide, and shall cause
to be provided, ambulance service as a public
responsibility.
(b) Whenever the Board of Trustees of a fire protection
district desires to levy a special tax to provide an ambulance
service, it shall certify the question to the proper election
officials, who shall submit that question at an election to
the voters of the district. The result of such referendum
shall be entered upon the records of the district. If a
majority of the votes on the proposition are in favor of such
proposition, the Board of Trustees may thereafter levy a
special tax at a rate not to exceed .30% of the value of all
taxable property within the district as equalized or assessed
by the Department of Revenue. The proposition shall be in
substantially the following form:
----------------------------
Shall the .... Fire Protection
District levy a special tax at a rate YES
not to exceed .30% of the value of all
taxable property within the district as --------------------
equalized or assessed by the Department
of Revenue for the purpose of providing NO
an ambulance service?
-------------------------------------------------------------

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(b-5) On and after the effective date of this amendatory
Act of the 98th General Assembly, whenever the Board of
Trustees of a fire protection district desires to levy a
special tax to provide an ambulance service, it shall certify
the question to the proper election officials, who shall
submit that question at an election to the voters of the
district. The result of such referendum shall be entered upon
the records of the district. If a majority of the votes on the
proposition are in favor of such proposition, the Board of
Trustees may thereafter levy a special tax at a rate not to
exceed .40% of the value of all taxable property within the
district as equalized or assessed by the Department of
Revenue. The proposition shall be in substantially the
following form:
----------------------------------------------
Shall the .... Fire Protection
District levy a special tax at a rate YES
not to exceed .40% of the value of all
taxable property within the district as ---------------------
equalized or assessed by the Department
of Revenue for the purpose of providing NO
an ambulance service?
-------------------------------------------------------------
(c) If it appears that a majority of all valid votes cast
on the proposition are in favor of levying a special tax to pay
for an ambulance, the Board of Trustees may levy and collect an

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annual tax for the purpose of providing ambulance service
under this Act to be extended at a rate not to exceed .40% of
the full fair cash value of the taxable property within the
governmental unit as assessed or equalized by the Department
of Revenue. Such annual tax shall be in addition to the other
taxes a fire protection district may levy for its corporate
purposes.
(d) Any Board of trustees may:
1. Provide or operate an emergency ambulance service;
2. Contract with a private person, hospital,
corporation or another governmental unit for the provision
and operation of emergency ambulance service or subsidize
the service thereof;
3. Limit the number of ambulance services;
4. Within its jurisdiction, fix, charge and collect
fees for emergency ambulance service within or outside of
the fire protection district not exceeding the reasonable
cost of the service;
5. Establish necessary regulations not inconsistent
with the statutes or regulations of the Department of
Public Health relating to ambulance service;
6. The trustees shall have the power identified in
paragraphs 3 and 5 only if the district shall have passed
the referendum provided for herein.
(e) When any Board of Trustees is authorized prior to
January 1, 1978 to levy and collect an annual tax, for the

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

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the question to a vote of the electors of the district at an
election in accordance with the general election law. If such
a petition is filed, the resolution does not take effect
unless a majority of the votes cast upon the question of the
adoption of the resolution is in favor of adoption. However,
if such a petition is determined to be invalid, the resolution
shall take effect.
The result of the election shall be entered upon the
records of the district. If a majority of the voters vote in
favor of such resolution, the resolution shall be effective
immediately. The proposition shall be in substantially the
following form:
----------------------------------------------
Shall the Board of Trustees of
the .... Fire Protection District YES
be authorized to increase the
special tax for ambulance service
to a rate not to exceed .30% of ------------------
the value of all taxable property
within the district as equalized or
assessed by the Department of Revenue NO
for the purpose of providing such service?
-------------------------------------------------------------
(f) The Board of Trustees may accumulate funds in its
ambulance fund for the purposes of acquiring, building, or
maintaining real property, procuring emergency medical service

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vehicles or equipment, or training to provide essential
emergency medical services to the community.
(g) In this Section, "ambulance service" includes, without
limitation, pre-hospital medical services. "Pre-hospital
medical services" includes emergency services performed by a
paramedic or other on-board emergency personnel that are
within the scope of the provider's license. This amendatory
Act of the 95th General Assembly is declarative of existing
law.
(Source: P.A. 98-319, eff. 8-12-13.)
(70 ILCS 705/24) (from Ch. 127 1/2, par. 38.7)
Sec. 24. (a) In addition to any other tax authorized by
law, the board of trustees of a fire protection district may,
subject to the requirements of subsections (b) and (c), by
ordinance levy a special annual tax at a rate not exceeding
0.10% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property within the district, for
the purpose of obtaining funds to pay for the costs of
emergency and rescue crews and equipment.
(b) Whenever the board of trustees of a fire protection
district desires to levy a special tax under this Section, it
shall certify the question to the proper election officials,
who shall submit that question at an election to the voters of
the district in accordance with the general election law. The
result of such referendum shall be entered upon the records of

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the district. If a majority of the votes on the proposition are
in favor of such proposition, the board of trustees may
thereafter levy a special tax under this Section at a rate not
to exceed 0.05% of the value of all taxable property within the
district as equalized or assessed by the Department of
Revenue. The proposition shall be in substantially the
following form:
----------------------------------------------
Shall the ....... Fire Protection
District levy a special tax at a rate
not to exceed 0.05% of the value of YES
all taxable property within the
district as equalized or assessed ---------------------
by the Department of Revenue for
the purpose of providing funds NO
to pay for the costs of emergency
and rescue crews and equipment?
-------------------------------------------------------------
(c) Whenever the board of trustees of a fire protection
district desires to levy a special tax under this Section at a
rate not to exceed 0.10% of the value of all taxable property
within the district as equalized or assessed by the Department
of Revenue, it shall certify the question to the proper
election officials, who shall submit that question at an
election to the voters of the district in accordance with the
general election law. The result of such referendum shall be

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entered upon the records of the district. If a majority of the
votes on the proposition are in favor of such proposition, the
board of trustees may thereafter levy a special tax under this
Section at a rate not to exceed 0.10% of the value of all
taxable property within the district as equalized or assessed
by the Department of Revenue. The proposition shall be in
substantially the following form:
---------------------------
Shall the ......... Fire
Protection District levy a YES
special tax at a rate not to
exceed 0.10% of the value of
all taxable property within the --------------------------
district as equalized or assessed
by the Department of Revenue
for the purpose of providing funds NO
to pay for the costs of emergency
and rescue crews and equipment?
-------------------------------------------------------------
(d) The board of trustees may accumulate funds in its
emergency and rescue fund for the purposes of acquiring,
building, or maintaining real property for emergency and
rescue purposes, procuring emergency rescue crews and
equipment, or training to provide essential rescue,
specialized rescue, and technical rescue services to the
community.

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