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| Public Act 096-1177 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Protection of Unprotected Area Act is | ||||
amended by changing Sections 1, 2, 3, 4, 5, 6, and 7 as | ||||
follows:
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(70 ILCS 715/1) (from Ch. 127 1/2, par. 301)
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Sec. 1. Definitions. As used in this Act: As used in this | ||||
Act:
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"Unprotected area" means any part of an unincorporated area | ||||
of a county
of less than 500,000 inhabitants, which is not part | ||||
of a fire protection
jurisdiction district, or which does not | ||||
have available on voluntary or contractual
basis a source of | ||||
fire protection coverage.
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"Fire Marshal" means the State Fire Marshal.
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"Fire Protection Jurisdiction District" includes fire | ||||
departments of any unit units of
local government.
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"Fire Protection Coverage" means the availability of fire | ||||
protection on
a voluntary, or contractual basis, from a | ||||
municipal fire department or fire protection
district, or | ||||
eligibility to receive services from a unit of local
government | ||||
that provides fire protection.
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(Source: P.A. 79-1054.)
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(70 ILCS 715/2) (from Ch. 127 1/2, par. 302)
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Sec. 2. Fire protection. After December 31, 1975, all | ||
unprotected areas of unincorporated
portions of counties of | ||
less than 500,000 inhabitants shall be eligible
for
assignment | ||
by the Fire Marshal of fire protection coverage from a fire
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protection jurisdiction district. Incorporated areas and | ||
municipal fire
departments shall
be exempt from the provisions | ||
of this Act.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(70 ILCS 715/3) (from Ch. 127 1/2, par. 303)
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Sec. 3. Request for coverage. Upon written request to the | ||
Fire Marshal, from
registered voters or property owners of an | ||
unprotected area,
the Fire Marshal is authorized to contact | ||
with all
practicable speed fire protection jurisdictions | ||
districts near such unprotected
area, to seek to arrange for | ||
fire protection coverage from a fire
protection jurisdiction | ||
district under a voluntary, negotiated fee basis.
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(Source: P.A. 83-392.)
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(70 ILCS 715/4) (from Ch. 127 1/2, par. 304)
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Sec. 4. Assignment of coverage; payment. | ||
(a) If unable to arrange or negotiate successfully for fire
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protection coverage on a fee basis to the unprotected area | ||
within a reasonable
period of time, the Fire Marshal may assign | ||
a source of fire protection
coverage to the unprotected
area | ||
from a nearby fire protection jurisdiction district.
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(b) Whenever fire protection coverage services are | ||
provided to an unprotected
area by a fire protection district, | ||
the persons requesting
such services after the effective date | ||
of this amendatory Act of 1983
shall pay to the fire protection | ||
district providing the services an amount
equal to the Fire | ||
Protection Tax levied by the fire protection district
providing | ||
fire protection services.
Such amount shall be paid annually on | ||
the anniversary date of the assignment.
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(b-5) If fire protection coverage services are provided to | ||
an unprotected area by a municipal fire department, then the | ||
persons requesting the services shall pay to the municipality | ||
for providing fire protection an amount assigned by the | ||
municipality. The amount shall be paid annually on the | ||
anniversary date of the assignment by the Fire Marshal. | ||
(c) The fire protection jurisdiction district that | ||
provides fire protection coverage
services shall request | ||
payment each year as required by paragraph (b)
from the persons | ||
requesting such
services. Such request shall be sent by first | ||
class mail. If no payment
is received within 30 days, a second | ||
request shall be sent. If no payment
is received within 15 days | ||
after the second request is sent, a third request
for payment | ||
shall be sent by certified mail.
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If no payment is received within 15 days after the mailing | ||
of the third
notice, the fire protection jurisdiction district | ||
shall certify to the Fire
Marshal that the above notices were | ||
sent and that payment was not received.
Upon receipt of the | ||
certification of nonpayment, the Fire Marshal shall
terminate | ||
the assignment to such person's property.
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(Source: P.A. 83-392.)
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(70 ILCS 715/5) (from Ch. 127 1/2, par. 305)
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Sec. 5. Term of coverage. Except as otherwise provided in | ||
this Section, an assignment
under this Act shall be in force | ||
for 2 years.
After such time no part of the area shall be | ||
eligible for another assignment.
A person that has been | ||
assigned fire protection
coverage services pursuant to this Act | ||
may petition the corporate
authorities of the fire protection | ||
jurisdiction district providing such coverage for a
continued | ||
assignment of coverage under this Act. If the corporate
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authorities agree to such continued assignment, they shall | ||
notify the Fire
Marshal of such agreement and shall continue to | ||
provide for fire protection
coverage to the property so long as | ||
payments to the jurisdiction district for such
coverage as | ||
provided in this Act are made.
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(Source: P.A. 85-1434.)
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(70 ILCS 715/6) (from Ch. 127 1/2, par. 306)
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Sec. 6. Priorities of assigned fire protection | ||
jurisdiction. The provisions of this statute, as provided in | ||
Section 4, shall in no
way supersede the responsibility of the | ||
assigned fire protection jurisdiction district
to respond to | ||
calls for fire protection coverage within their own
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jurisdiction district, or under prior contractual agreements, | ||
on a priority basis. The
assignment authority of the Fire | ||
Marshal, as provided herein,
shall require a fire protection | ||
jurisdiction district to provide fire protection
coverage, to | ||
the best of their ability, subject to above priority | ||
considerations.
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(Source: P.A. 79-1054.)
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(70 ILCS 715/7) (from Ch. 127 1/2, par. 307)
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Sec. 7. Exemptions from provisions of this Act. | ||
(a) Where a designated or assigned fire protection | ||
jurisdiction district can show
cause, to the satisfaction of | ||
the Fire Marshal, that assignment to
provide fire protection | ||
coverage to an unprotected area would raise the
Insurance | ||
Service Office fire rating classification of the jurisdiction | ||
district to a higher category or
classification than that | ||
presently held, it shall, upon presentation
of such sufficient | ||
evidence to the State Fire Marshal, be exempt from
assignment | ||
by provisions of this statute to a designated area.
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(b) Territory formerly included in a fire protection | ||
district which has
been dissolved pursuant to Section 15a of | ||
"An Act in relation to fire protection
districts", approved | ||
July 8, 1927, as amended, shall be exempt from assignment
and | ||
negotiation under the provisions of this Act
for a period of 24 | ||
months after such dissolution.
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(c) The Fire Marshal may not assign an unprotected area to | ||
a municipal fire department unless an ordinance or resolution | ||
has been approved by the corporate authorities of the | ||
municipality agreeing to the assignment. | ||
(Source: P.A. 83-392.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||