Bill Amendment: IL HB4179 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EMERGENCY SERVICE DIST-VARIOUS

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0807 [HB4179 Detail]

Download: Illinois-2023-HB4179-Senate_Amendment_003.html

Sen. Tom Bennett

Filed: 5/20/2024

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1
AMENDMENT TO HOUSE BILL 4179
2 AMENDMENT NO. ______. Amend House Bill 4179, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
5 "Section 5. The Emergency Services Districts Act is
6amended by changing Sections 2.5, 4, 11, 11.3, and 11.5 as
7follows:
8 (70 ILCS 2005/2.5)
9 Sec. 2.5. Rescue squad district continuance. A rescue
10squad district organized under this Act before January 1, 2024
11(the effective date of Public Act 103-134) this amendatory Act
12of the 103rd General Assembly may (i) continue to be named a
13rescue squad district or be renamed an emergency services
14district by ordinance of the board of trustees of the
15district, (ii) operate under the provisions of this Act as if
16it was they were organized as an emergency services district,

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1and (iii) continue exercising taxing authority granted to it
2that was approved before January 1, 2024, and (iv) for a
3district in counties other than Cook County, DuPage County,
4Kane County, Lake County, McHenry County, or Will County,
5increase, by referendum, the tax rate authorized by its
6organizational proposition under Section 4 by up to an
7additional 0.20%. However, the aggregate tax authorized to be
8levied for any one year under Section 4, including the amount
9levied under the organizational proposition, shall not exceed
100.20% of value for a district in Cook County, DuPage County,
11Kane County, Lake County, McHenry County, or Will County or
120.40% of value for a district in counties other than Cook
13County, DuPage County, Kane County, Lake County, McHenry
14County, or Will County, as equalized or assessed by the
15Department of Revenue. The taxes authorized under this Section
16may be used for any purpose allowed under this Act, including,
17but not limited to, ambulance service. the effective date of
18this amendatory Act of the 103rd General Assembly and the
19taxes may be used for any purpose allowed under this Act.
20(Source: P.A. 103-134, eff. 1-1-24.)
21 (70 ILCS 2005/4) (from Ch. 85, par. 6854)
22 Sec. 4. The determination of the court as to the necessity
23for the organization of the proposed emergency services
24district, together with the description of the boundaries of
25the district as fixed by the court, shall be entered of record

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1in the court. Thereupon the court shall certify the question
2of the organization of the territory included within the
3boundaries fixed by it as an emergency services district to
4the proper election officials, who shall submit the question
5to the legal voters resident within the territory at an
6election to be held in the district. Notice of the referendum
7shall be given and the referendum conducted in the manner
8provided by the general election law. The notice of the
9election shall state the purpose of the referendum, describe
10the territory proposed to be organized as an emergency
11services district, and state the time of the election.
12 The proposition shall be in substantially the following
13form:
14--------------------------------------------------------
15 Shall this territory (describing
16it) be organized as The ........... YES
17Emergency Services
18District and shall the
19District be authorized to levy and ----------------------
20collect a property tax not to exceed
21[0.20%/0.40%, as applicable] .20%
22on the property situated in the NO
23District?
24-------------------------------------------------------------
25 The court shall cause a statement of the result to be
26entered of record in the court.

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1(Source: P.A. 103-134, eff. 1-1-24.)
2 (70 ILCS 2005/11)
3 Sec. 11. Property tax; fees.
4 (a) An emergency services district organized under this
5Act may levy and collect a general tax on the property situated
6in the district, but the aggregate amount of taxes levied for
7any one year under this Act shall not exceed the rate of 0.20%
8.20% of value for a district in Cook County, DuPage County,
9Kane County, Lake County, McHenry County, or Will County or
100.80% of value for a district in counties other than Cook
11County, DuPage County, Kane County, Lake County, McHenry
12County, or Will County, as equalized or assessed by the
13Department of Revenue. For a district in a county other than
14Cook County, DuPage County, Kane County, Lake County, McHenry
15County, or Will County, no more than half of the rate (0.40%)
16may be authorized under paragraph (iv) of Section 2.5, Section
174, or both and half of the rate (0.40%) under Section 11.5. The
18board of trustees shall determine and certify the amount to be
19levied and shall return the same to the county clerk. The
20limitation upon the tax rate may be increased or decreased
21under the referendum provisions of the General Revenue Law of
22Illinois.
23 In case the district is located in more than one county,
24the board of trustees shall determine and certify the amount
25to be levied upon the taxable property lying in each county and

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1return the same to the respective county clerks of the
2counties in which the amount is to be levied. In order to
3determine the amount to be levied upon the taxable property of
4that part of the district lying in each county, the board shall
5ascertain from the county clerk of the respective counties in
6which the district lies the last ascertained equalized value
7of the taxable property of the district lying in their
8respective counties, then shall ascertain the rate per cent
9required and shall, accordingly, apportion the whole amount to
10be raised between the several parts of the district so lying in
11the different counties. The tax provided for in this Section
12shall be levied at the same time and in the same manner as
13nearly as practicable as taxes are now levied for municipal
14purposes under the laws of this State.
15 All general taxes under this Act, when collected, shall be
16paid over to the treasurer of the board of trustees, who is
17authorized to receive and receipt for the same.
18 (b) An emergency services A rescue squad district
19organized under this Act may fix, charge, and collect fees for
20district rescue squad services and ambulance services within
21or outside of the rescue squad district not exceeding the
22reasonable cost of the service.
23(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;
24revised 12-12-23.)
25 (70 ILCS 2005/11.3)

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1 Sec. 11.3. Ambulance service.
2 (a) The board of trustees may provide ambulance service to
3or from points within or without the district, contract with
4providers of ambulance service, combine with other units of
5local government for the purpose of providing ambulance
6service, and adopt rules and regulations relating to ambulance
7service within the board's jurisdiction.
8 (b) The board of trustees may:
9 (1) contract with a private person, hospital,
10 corporation, or another governmental unit for the
11 provision and operation of ambulance service or subsidize
12 the ambulance service;
13 (2) limit the number of ambulance services by
14 referendum;
15 (3) within its jurisdiction, fix, charge, and collect
16 fees for ambulance service within or outside of the fire
17 protection district not exceeding the reasonable cost of
18 the service; and
19 (4) establish necessary regulations not inconsistent
20 with the statutes or regulations of the Department of
21 Public Health relating to ambulance service.
22 The board of trustees may limit the number of ambulances
23under paragraph (2) or establish regulations under paragraph
24(4) if a referendum under Section 11.5 has been approved.
25(Source: P.A. 103-134, eff. 1-1-24.)

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1 (70 ILCS 2005/11.5)
2 Sec. 11.5. Ambulance service tax. Whenever the board of
3trustees of an emergency services district desires to levy a
4special tax to provide an ambulance service or support an
5existing ambulance service, it shall certify the question to
6the proper election officials, who shall submit that question
7at an election to the voters of the district. The result of the
8referendum shall be entered upon the records of the district.
9If a majority of the votes on the question are in favor of the
10question, the board of trustees may then levy a special tax at
11a rate not to exceed 0.40% of the value of all taxable property
12within the district as equalized or assessed by the Department
13of Revenue. The question shall be in substantially the
14following form:
15----------------------------------------------
16 Shall the ....
17Emergency Services
18District levy a special tax at a rate YES
19not to exceed 0.40% of the value of all
20taxable property within the district -----------------
21as equalized or assessed by the
22Department of Revenue for the purpose NO
23of providing or supporting an ambulance
24service?
25-------------------------------------------------------------
26 The A tax levied under Section 4 11 may be used for

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1ambulance services as well as a tax levied under this Section.
2The aggregate percentage of all tax levies that a district may
3levy under this Act may not exceed the aggregate percentage
4limitation under Section 11.
5(Source: P.A. 103-134, eff. 1-1-24.)
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