Public Act 93-0304
HB0120 Enrolled LRB093 03770 MKM 03805 b
AN ACT in relation to fire protection.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Township Code is amended by adding Section
30-166 as follows:
(60 ILCS 1/30-166 new)
Sec. 30-166. Charge against non-residents.
(a) The township board of each township may fix, charge,
and collect fees not exceeding the reasonable cost of the
service for all services rendered by the township against
persons, businesses, and other entities who are not residents
of the township.
(b) The charge may not be assessed against residents of
the township or persons who request fire protection coverage
for an unprotected area and who pay to the township an amount
equal to the township's fire protection tax under Article 200
of this Code.
(c) The charge for such services shall be computed at a
rate not to exceed $125 per hour per vehicle and not to
exceed $35 per hour per firefighter responding to a call for
assistance. An additional charge may be levied to reimburse
the township for extraordinary expenses of materials used in
rendering such services. No charge shall be made for services
for which the total charge would be less than $50.
(d) All revenue from the charges assessed pursuant to
this Section shall be deposited into the general fund of the
township.
Section 5. The Illinois Municipal Code is amended by
adding Sections 11-5-7.2 and 11-6-1.1 as follows:
(65 ILCS 5/11-5-7.2 new)
Sec. 11-5-7.2. Emergency medical services outside
corporate limits. A municipality may choose to provide
emergency medical services on property outside its corporate
limits. The corporate authorities of each municipality may
fix, charge, and collect emergency medical service fees not
exceeding the actual cost of the service for all emergency
medical services rendered by the municipality against
persons, businesses, and other entities that are not
residents of the municipality. An additional charge may be
levied to reimburse the municipality for extraordinary
expenses of materials used in rendering the services. Nothing
in this Section shall impact any agreement entered into by a
municipality and persons, businesses, and other entities that
are not residents of the municipality. Nothing in this
Section shall require a municipality to supply any emergency
medical services on property located outside the corporate
limits of the municipality.
(65 ILCS 5/11-6-1.1 new)
Sec. 11-6-1.1. Firefighting services outside corporate
limits. A municipality may choose to provide firefighting
services to property outside its corporate limits. The
corporate authorities of each municipality may fix, charge,
and collect firefighting service fees not exceeding the
actual cost of the service for all firefighting services
rendered by the municipality against persons, businesses, and
other entities that are not residents of the municipality. An
additional charge may be levied to reimburse the municipality
for extraordinary expenses of materials used in rendering the
services. Nothing in this Section shall impact any agreement
entered into by a municipality and persons, businesses, and
other entities that are not residents of the municipality.
Nothing in this Section shall require a municipality to
supply any firefighting services to property located outside
the corporate limits of the municipality.
Section 10. The Fire Protection District Act is amended
by changing Section 15 as follows:
(70 ILCS 705/15) (from Ch. 127 1/2, par. 35)
Sec. 15. Whenever any property within a fire protection
district, organized under this Act, does not have the
territorial qualifications described in Section 1 of this
Act, or is not reasonably protected by the district from the
hazards of fire or would receive greater benefit of service
from another such district or other municipal corporation,
any legal voter within such district or the owner or owners
of such property may detach and disconnect such property from
such fire protection district in the following manner:
The owner or owners of such property within such fire
protection district or any legal voter within such district
may file his petition in the court in which such district was
organized setting forth therein the description of the
property sought to be detached and disconnected, a statement
that the detachment and disconnection will not cause the
territory remaining in the district to be noncontiguous; that
the loss of assessed valuation by reason of the disconnection
of such territory will not impair the ability of the district
to render fully adequate fire protection service to the
territory remaining with the district; that the territory
will remain liable for its proportionate share of any
outstanding bonded indebtedness of the district; and
alleging facts in support of such detachment and
disconnection, and praying that such property be detached and
disconnected from such fire protection district. The
petition shall be signed and sworn to by the petitioner or
petitioners. For the purpose of meeting the requirement of
this Section that the detachment and disconnection will not
cause the remaining territory to be noncontiguous, territory
shall be considered to be contiguous if the only separation
between parts of the territory is land owned by the United
States, the State of Illinois, any agency or instrumentality
of either, or any regional airport authority. Upon the
filing of such petition, the court shall set the same for
hearing on a day not less than 2 weeks nor more than 4 weeks
from the filing thereof and shall give 2 weeks notice of such
hearing in the manner provided in Section 1 of this Act. The
fire protection district shall be a necessary party to the
proceedings and it shall be served with summons in the manner
prescribed for a party defendant under the Civil Practice
Law. All property owners in such district, the district from
which such transfer of territory is to be made, and all
persons interested therein may file objections, and at the
hearing may appear and contest the detachment and
disconnection of the property from such fire protection
district, and both objectors and petitioners may offer any
competent evidence in regard thereto. If the court, upon
hearing such petition, finds that the petition complies with
this Act and that the allegations of the petition are true
the court shall enter an order detaching and disconnecting
such property from such district, and thereupon such property
shall cease to be a part of such fire protection district,
except that the property remains liable for its proportionate
share of any outstanding bonded indebtedness of the
district. The circuit clerk shall transmit a certified copy
of the order to the county clerk of each county in which any
of territory affected is situated and to the Office of the
State Fire Marshal.
(Source: P.A. 91-323, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.