Sen. Terry Link
Filed: 3/26/2012
 
 


 




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1
AMENDMENT TO SENATE BILL 3373




2 AMENDMENT NO. ______. Amend Senate Bill 3373 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The State Fire Marshal Act is amended by 
5changing Section 2.7 as follows:

6 (20 ILCS 2905/2.7)
7 Sec. 2.7. Small Fire-fighting and Ambulance Service 
8Equipment Grant Program.
9 (a) The Office shall establish and administer a Small 
10Fire-fighting and Ambulance Service Equipment Grant Program to 
11award grants to fire departments, fire protection districts, 
12and volunteer, non-profit, stand alone ambulance services for 
13the purchase of small fire-fighting and ambulance equipment.
14 (b) (Blank). The Fire Service and Small Equipment Fund is 
15created as a special fund in the State treasury. From 
16appropriations, the Office may expend moneys from the Fund for 
 
 
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1the grant program under subsection (a) of this Section. Moneys 
2received for the purposes of this Section, including, without 
3limitation, proceeds deposited under the Fire Investigation 
4Act and gifts, grants, and awards from any public or private 
5entity must be deposited into the Fund. Any interest earned on 
6moneys in the Fund must be deposited into the Fund.
7 (b-1) The Fire Service and Small Equipment Fund is 
8dissolved. Any moneys remaining in the Fund on the effective 
9date of this amendatory Act of the 97th General Assembly shall 
10be transferred to the Fire Prevention Fund. 
11 (c) As used in this Section, "small fire-fighting and 
12ambulance equipment" includes, without limitation, turnout 
13gear, air packs, thermal imaging cameras, jaws of life, 
14defibrillators, communications equipment, including but not 
15limited to pagers and radios, and other fire-fighting or life 
16saving equipment, as determined by the State Fire Marshal.
17 (d) The Office shall adopt any rules necessary for the 
18implementation and administration of this Section.

19(Source: P.A. 95-717, eff. 4-8-08; 96-386, eff. 8-13-09.)

20 Section 10. The Illinois Finance Authority Act is amended 
21by changing Sections 825-80, 825-81, and 825-85 and by adding 
22Section 825-87 as follows:

23 (20 ILCS 3501/825-80)
24 Sec. 825-80. Fire truck revolving loan program.
 
 
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1 (a) This Section is a continuation and re-enactment of the 
2fire truck revolving loan program enacted as Section 3-27 of 
3the Rural Bond Bank Act by Public Act 93-35, effective June 24, 
42003, and repealed by Public Act 93-205, effective January 1, 
52004. Under the Rural Bond Bank Act, the program was 
6administered by the Rural Bond Bank and the State Fire Marshal.
7 (b) The Authority and the State Fire Marshal may shall 
8jointly administer a fire truck revolving loan program. The 
9program shall, in instances where sufficient loan funds exist 
10to permit applications to be accepted, provide financial 
11support, including zero-interest and low-interest loans, for 
12the purchase of fire trucks by a fire department, a fire 
13protection district, or a township fire department. The 
14Authority shall provide support make loans based on need, as 
15determined by the State Fire Marshal.
16 (c) The loan funds, subject to appropriation, shall be paid 
17out of the Fire Truck Revolving Loan Fund, a special fund in 
18the State Treasury. The Fund shall consist of any moneys 
19transferred or appropriated into the Fund, as well as all 
20repayments of loans made under the program and any balance 
21existing in the Fund on the effective date of this Section. The 
22Fund shall be used for loans to fire departments and fire 
23protection districts to purchase fire trucks and for no other 
24purpose. All interest earned on moneys in the Fund shall be 
25deposited into the Fund. As soon as practical after the 
26effective date of this amendatory Act of the 97th General 
 
 
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1Assembly, all moneys in the Fire Truck Revolving Loan Fund 
2shall be paid by the State Fire Marshal to the Authority, and, 
3on and after the effective date of this amendatory Act of the 
497th General Assembly, all future moneys deposited into the 
5Fire Truck Revolving Loan Fund under this Section shall be paid 
6by the State Fire Marshal to the Authority under the continuing 
7appropriation provision of subsection (c-1) of this Section; 
8provided that the Authority and the State Fire Marshal enter 
9into an intergovernmental agreement to use the moneys 
10transferred to the Authority from the Fund solely for the 
11purposes for which the moneys would otherwise be used under 
12this Section and to set forth procedures to otherwise 
13administer the use of the moneys. 
14 (c-1) There is hereby appropriated, on a continuing annual 
15basis in each fiscal year, from the Fire Truck Revolving Loan 
16Fund, the amount, if any, of funds received into the Fire Truck 
17Revolving Loan Fund to the State Fire Marshal for payment to 
18the Authority for the purposes for which the moneys would 
19otherwise be used under this Section. 
20 (d) A loan for the purchase of fire trucks may not exceed 
21$250,000 to any fire department or fire protection district. 
22The repayment period for the loan may not exceed 20 years. The 
23fire department or fire protection district shall repay each 
24year at least 5% of the principal amount borrowed or the 
25remaining balance of the loan, whichever is less. All 
26repayments of loans shall be deposited into the Fire Truck 
 
 
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1Revolving Loan Fund.
2 (e) The Authority and the State Fire Marshal may shall 
3adopt rules in accordance with the Illinois Administrative 
4Procedure Act to administer the program.

5 (f) Notwithstanding the repeal of Section 3-27 of the Rural 
6Bond Bank Act, all otherwise lawful actions taken on or after 
7January 1, 2004 and before the effective date of this Section 
8by any person under the authority originally granted by that 
9Section 3-27, including without limitation the granting, 
10acceptance, and repayment of loans for the purchase of fire 
11trucks, are hereby validated, and the rights and obligations of 
12all parties to any such loan are hereby acknowledged and 
13confirmed.


14(Source: P.A. 94-221, eff. 7-14-05.)

15 (20 ILCS 3501/825-81)
16 Sec. 825-81. Fire station revolving loan program. 
17 (a) The Authority and the State Fire Marshal may jointly 
18administer a fire station revolving loan program. The program 
19shall, in instances where sufficient loan funds exist to permit 
20applications to be accepted, may provide financial support, 
21including zero-interest and low-interest loans, for the 
22construction, rehabilitation, remodeling, or expansion of a 
23fire station or the acquisition of land for the construction or 
24expansion of a fire station by a fire department, a fire 
25protection district, or a township fire department. Once the 
 
 
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1program receives funding, the Authority shall provide support 
2make loans based on need, as determined by the State Fire 
3Marshal.
4 (b) The loan funds, subject to appropriation, may be paid 
5out of the Fire Station Revolving Loan Fund, a special fund in 
6the State treasury. The Fund may consist of any moneys 
7transferred or appropriated into the Fund, as well as all 
8repayments of loans made under the program. Once the program 
9receives funding, the Fund may be used for loans to fire 
10departments and fire protection districts to construct, 
11rehabilitate, remodel, or expand fire stations or acquire land 
12for the construction or expansion of fire stations and for no 
13other purpose. All interest earned on moneys in the Fund shall 
14be deposited into the Fund. As soon as practical after the 
15effective date of this amendatory Act of the 97th General 
16Assembly, all moneys in the Fire Station Revolving Loan Fund 
17shall be paid by the State Fire Marshal to the Authority, and, 
18on and after the effective date of this amendatory Act of the 
1997th General Assembly, all future moneys deposited into the 
20Fire Station Revolving Loan Fund under this Section shall be 
21paid by the State Fire Marshal to the Authority under the 
22continuing appropriation provision of subsection (b-1) of this 
23Section; provided that the Authority and the State Fire Marshal 
24enter into an intergovernmental agreement to use the moneys 
25paid by the State Fire Marshal to the Authority from the Fund 
26solely for the purposes for which the moneys would otherwise be 
 
 
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1used under this Section and to set forth procedures to 
2otherwise administer the use of the moneys.
3 (b-1) There is hereby appropriated, on a continuing annual 
4basis in each fiscal year, from the Fire Station Revolving Loan 
5Fund, the amount, if any, of funds received into the Fire 
6Station Revolving Loan Fund to the State Fire Marshal for 
7payment to the Authority for the purposes for which the moneys 
8would otherwise be used under this Section. 
9 (c) A loan under the program may not exceed $2,000,000 to 
10any fire department or fire protection district. The repayment 
11period for the loan may not exceed 25 years. The fire 
12department or fire protection district shall repay each year at 
13least 4% of the principal amount borrowed or the remaining 
14balance of the loan, whichever is less. All repayments of loans 
15shall be deposited into the Fire Station Revolving Loan Fund.
16 (d) The Authority and the State Fire Marshal may adopt 
17rules in accordance with the Illinois Administrative Procedure 
18Act to administer the program. 

19(Source: P.A. 96-135, eff. 8-7-09; 96-1172, eff. 7-22-10.)

20 (20 ILCS 3501/825-85)
21 Sec. 825-85. Ambulance revolving loan program.
22 (a) The Authority and the State Fire Marshal may shall 
23jointly administer an ambulance revolving loan program. The 
24program shall, in instances where sufficient loan funds exist 
25to permit applications to be accepted, provide financial 
 
 
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1support, including zero-interest and low-interest loans, for 
2the purchase of ambulances by a fire department, a fire 
3protection district, a township fire department, or a 
4non-profit ambulance service. The Authority shall provide 
5support make loans based on need, as determined by the State 
6Fire Marshal.
7 (b) The loan funds, subject to appropriation, shall be paid 
8out of the Ambulance Revolving Loan Fund, a special fund in the 
9State treasury. The Fund shall consist of any moneys 
10transferred or appropriated into the Fund, as well as all 
11repayments of loans made under the program. The Fund shall be 
12used for loans to fire departments, fire protection districts, 
13and non-profit ambulance services to purchase ambulances and 
14for no other purpose. All interest earned on moneys in the Fund 
15shall be deposited into the Fund. As soon as practical after 
16the effective date of this amendatory Act of the 97th General 
17Assembly, all moneys in the Ambulance Revolving Loan Fund shall 
18be paid by the State Fire Marshal to the Authority, and, on and 
19after the effective date of this amendatory Act of the 97th 
20General Assembly, all future moneys deposited into the 
21Ambulance Revolving Loan Fund under this Section shall be paid 
22by the State Fire Marshal to the Authority under the continuing 
23appropriation provision of subsection (b-1) of this Section; 
24provided that the Authority and the State Fire Marshal enter 
25into an intergovernmental agreement to use the moneys 
26transferred to the Authority from the Fund solely for the 
 
 
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1purposes for which the moneys would otherwise be used under 
2this Section and to set forth procedures to otherwise 
3administer the use of the moneys.
4 (b-1) There is hereby appropriated, on a continuing annual 
5basis in each fiscal year, from the Ambulance Revolving Loan 
6Fund, the amount, if any, of funds received into the Ambulance 
7Revolving Loan Fund to the State Fire Marshal for payment to 
8the Authority for the purposes for which the moneys would 
9otherwise be used under this Section. 
10 (c) A loan for the purchase of ambulances may not exceed 
11$100,000 to any fire department, fire protection district, or 
12non-profit ambulance service. The repayment period for the loan 
13may not exceed 10 years. The fire department, fire protection 
14district, or non-profit ambulance service` shall repay each 
15year at least 5% of the principal amount borrowed or the 
16remaining balance of the loan, whichever is less. All 
17repayments of loans shall be deposited into the Ambulance 
18Revolving Loan Fund.
19 (d) The Authority and the State Fire Marshal may shall 
20adopt rules in accordance with the Illinois Administrative 
21Procedure Act to administer the program.


22(Source: P.A. 94-829, eff. 6-5-06.)

23 (20 ILCS 3501/825-87 new)
24 Sec. 825-87. Public life safety capital investment finance 
25program.
 
 
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1 (a) In addition to the powers set forth in Sections 825-80, 
2825-81, and 825-85 of this Act and in furtherance of the 
3purposes and programs set forth in those Sections, the 
4Authority may use loans and guarantees as authorized in this 
5Act to maximize the number of participants in the programs and 
6to maximize the efficient use of taxpayer appropriated funds. 
7The moneys identified in Sections 825-80, 825-81, and 825-85 of 
8this Act shall be used by the Authority only for the express 
9purposes described in those Sections.
10 (b) The Authority, after consulting with the State Fire 
11Marshal, may determine the financial structure, including but 
12not limited to the terms, conditions, collateral, maturity, and 
13interest rate, of loans or guarantees authorized by the 
14programs under Sections 825-80, 825-81, and 825-85 of this Act.
15 (c) The Authority and the State Fire Marshal may access the 
16moneys referenced in Sections 825-80, 825-81, and 825-85 of 
17this Act and may fix, determine, charge, and collect fees, in 
18connection with the programs under Sections 825-80, 825-81 and 
19825-85 of this Act and in furtherance of the purposes set forth 
20in this Section.
21 (d) The Authority and the State Fire Marshal may adopt 
22rules in accordance with the Illinois Administrative Procedure 
23Act to administer the programs under this Section.

24 (30 ILCS 105/5.712 rep.)
25 Section 15. The State Finance Act is amended by repealing 
 
 
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1Section 5.712.

2 Section 20. The Fire Investigation Act is amended by 
3changing Section 13.1 as follows:




4 (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)


5 Sec. 13.1. Fire Prevention Fund.  
6 (a) There shall be a special fund in the State Treasury

7known as the Fire Prevention Fund.

8 (b) The following moneys shall be deposited into the Fund:

9  (1) Moneys received by the Department of Insurance 
10 under Section 12 of this Act.

11  (2) All fees and reimbursements received by the Office 
12 of the State Fire Marshal.

13  (3) All receipts from boiler and pressure vessel 
14 certification, as
provided in Section 13 of the Boiler and 
15 Pressure Vessel Safety Act.

16  (4) Such other moneys as may be provided by law.

17 (c) The moneys in the Fire Prevention Fund shall be used, 
18subject to
appropriation, for the following purposes:

19  (1) Of the moneys deposited into the fund under Section 
20 12 of this Act,
12.5% shall be available for the 
21 maintenance of the Illinois Fire Service
Institute and the 
22 expenses, facilities, and structures incident thereto,
and 
23 for making transfers into the General Obligation Bond 
24 Retirement and
Interest Fund for debt service requirements 
 
 
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1 on bonds issued by the State of
Illinois after January 1, 
2 1986 for the purpose of constructing a training
facility 
3 for use by the Institute. An additional 2.5% of the moneys 
4 deposited into the Fire Prevention Fund shall be available 
5 to the Illinois Fire Service Institute for support of the 
6 Cornerstone Training Program. 

7  (2) Of the moneys deposited into the Fund under Section 
8 12 of this Act,
10% shall be available for the maintenance 
9 of the Chicago Fire Department
Training Program and the 
10 expenses, facilities and structures incident
thereto, in 
11 addition to any moneys payable from the Fund to the City of

12 Chicago pursuant to the Illinois Fire Protection Training 
13 Act.

14  (3) For making payments to local governmental agencies 
15 and individuals
pursuant to Section 10 of the Illinois Fire 
16 Protection Training Act.

17  (4) For the maintenance and operation of the Office of 
18 the State Fire
Marshal, and the expenses incident thereto.

19  (4.5) For the maintenance, operation, and capital 
20 expenses of the Mutual Aid Box Alarm System (MABAS). 
21  (4.6) For grants awarded by the Small Fire-fighting and 
22 Ambulance Service Equipment Grant Program established by 
23 Section 2.7 of the State Fire Marshal Act.
24  (5) For any other purpose authorized by law.

25 (c-5) As soon as possible after the effective date of this 
26amendatory Act of the 95th General Assembly, the Comptroller 
 
 
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1shall order the transfer and the Treasurer shall transfer 
2$2,000,000 from the Fire Prevention Fund to the Fire Service 
3and Small Equipment Fund, $9,000,000 from the Fire Prevention 
4Fund to the Fire Truck Revolving Loan Fund, and $4,000,000 from 
5the Fire Prevention Fund to the Ambulance Revolving Loan Fund. 
6Beginning on July 1, 2008, each month, or as soon as practical 
7thereafter, an amount equal to $2 from each fine received shall 
8be transferred from the Fire Prevention Fund to the Fire 
9Service and Small Equipment Fund, an amount equal to $1.50 from 
10each fine received shall be transferred from the Fire 
11Prevention Fund to the Fire Truck Revolving Loan Fund, and an 
12amount equal to $4 from each fine received shall be transferred 
13from the Fire Prevention Fund to the Ambulance Revolving Loan 
14Fund. These moneys shall be transferred from the moneys 
15deposited into the Fire Prevention Fund pursuant to Public Act 
1695-154, together with not more than 25% of any unspent 
17appropriations from the prior fiscal year. These moneys may be 
18allocated to the Fire Truck Revolving Loan Fund, Ambulance 
19Revolving Loan Fund, and Fire Service and Small Equipment Fund 
20at the discretion of the Office of the State Fire Marshal for 
21the purpose of implementation of this Act.

22 (d) Any portion of the Fire Prevention Fund remaining 
23unexpended at the
end of any fiscal year which is not needed 
24for the maintenance and expenses of the
Office of the State 
25Fire Marshal or the maintenance and expenses of the
Illinois 
26Fire Service Institute, shall remain in the Fire Prevention 
 
 
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1Fund for the exclusive and restricted uses provided in 
2subsections
(c) and (c-5) of this Section.

3 (e) The Office of the State Fire Marshal shall keep on file 
4an itemized
statement of all expenses incurred which are 
5payable from the Fund, other
than expenses incurred by the 
6Illinois Fire Service Institute, and shall
approve all vouchers 
7issued therefor before they are submitted to the State

8Comptroller for payment. Such vouchers shall be allowed and 
9paid in the
same manner as other claims against the State.

10(Source: P.A. 96-286, eff. 8-11-09; 96-1176, eff. 7-22-10; 
1197-114, eff. 1-1-12.)


12 Section 25. The Unified Code of Corrections is amended by 
13changing Section 5-9-1.12 as follows:




14 (730 ILCS 5/5-9-1.12)


15 Sec. 5-9-1.12. Arson fines. 

16 (a) In addition to any other penalty imposed, a fine of 
17$500 shall be
imposed upon a person convicted of the offense of 
18arson, residential arson,
or aggravated arson.

19 (b) The additional fine shall be assessed by the court 
20imposing
sentence and shall be collected by the Circuit Clerk 
21in addition to the
fine, if any, and costs in the case. Each 
22such additional fine shall
be remitted by the Circuit Clerk 
23within one month after receipt to the
State Treasurer for 
24deposit into the Fire Prevention Service and Small Equipment 
 
 
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1Fund. The Circuit
Clerk shall retain 10% of such fine to cover 
2the costs incurred in
administering and enforcing this Section. 
3The additional fine may not be
considered a part of the fine 
4for purposes of any reduction in the fine for
time served 
5either before or after sentencing. Arson fines that were 
6previously deposited into the Fire Prevention Fund prior to the 
7adoption of Public Act 96-400 shall be used according to the 
8purposes established in Section 13.1 of the Fire Investigation 
9Act. 

10 (c) (Blank) The moneys in the Fire Service and Small 
11Equipment Fund collected as additional
fines under this Section 
12shall be distributed by the Office of the State Fire
Marshal as 
13appropriated and according to the rules set forth and adopted 
14under the Emergency Services Response Reimbursement for 
15Criminal Convictions Act.

16 (d) (Blank).

17(Source: P.A. 95-331, eff. 8-21-07; 96-400, eff. 8-13-09.)".