State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


92_SB1017

 
                                              LRB9204478MWksA

 1        AN ACT concerning emergency services.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Emergency Telephone System Act is amended
 5    by changing Section 15.4 and adding Section 15.7 as follows:

 6        (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
 7        Sec. 15.4.  Emergency Telephone System Board; powers.
 8        (a)  The   corporate   authorities   of   any  county  or
 9    municipality that imposes  a  surcharge  under  Section  15.3
10    shall  establish  an  Emergency  Telephone System Board.  The
11    corporate  authorities  shall  provide  for  the  manner   of
12    appointment  and the number of members of the Board, provided
13    that the board shall consist of not fewer than 5 members, one
14    of whom may be a public member who is a resident of the local
15    exchange service territory included  in  the  9-1-1  coverage
16    area,  one  of  whom (in counties with a population less than
17    100,000) may be a member of the county board, and at least  3
18    of  whom  shall  be representative of the 9-1-1 public safety
19    agencies, including but not limited  to  police  departments,
20    fire  departments,  emergency medical services providers, and
21    emergency services and disaster agencies,  and  appointed  on
22    the  basis of their ability or experience.  Elected officials
23    are also eligible to serve on  the  board.   Members  of  the
24    board   shall   serve   without  compensation  but  shall  be
25    reimbursed for their actual and necessary expenses.  Any 2 or
26    more municipalities, counties, or combination  thereof,  that
27    impose  a  surcharge  under  Section  15.3  may,  instead  of
28    establishing      individual     boards,     establish     by
29    intergovernmental  agreement  a  Joint  Emergency   Telephone
30    System  Board  pursuant  to  this  Section.   The  manner  of
31    appointment  of such a joint board shall be prescribed in the
 
                            -2-               LRB9204478MWksA
 1    agreement.
 2        (b)  The powers and duties of the board shall be  defined
 3    by   ordinance   of   the   municipality  or  county,  or  by
 4    intergovernmental agreement in the case  of  a  joint  board.
 5    The  powers and duties shall include, but need not be limited
 6    to the following:
 7             (1)  Planning a 9-1-1 system.
 8             (2)  Coordinating      and      supervising      the
 9        implementation, upgrading, or maintenance of the  system,
10        including  the  establishment of equipment specifications
11        and coding systems.
12             (3)  Receiving monies  from  the  surcharge  imposed
13        under  Section  15.3,  and  from  any  other  source, for
14        deposit into the Emergency Telephone System Fund.
15             (4)  Authorizing all disbursements from the fund.
16             (5)  Hiring   any   staff    necessary    for    the
17        implementation or upgrade of the system.
18        (c)  All  monies  received  by  a  board  pursuant  to  a
19    surcharge  imposed under Section 15.3 shall be deposited into
20    a separate interest-bearing Emergency Telephone  System  Fund
21    account. The treasurer of the municipality or county that has
22    established  the  board or, in the case of a joint board, any
23    municipal   or   county   treasurer   designated    in    the
24    intergovernmental  agreement, shall be custodian of the fund.
25    All interest accruing on the fund shall remain in  the  fund.
26    No  expenditures  may  be made from such fund except upon the
27    direction of the board by resolution passed by a majority  of
28    all  members  of  the board. Expenditures may be made only to
29    pay for the costs associated with the following:
30             (1)  The design of the Emergency Telephone System.
31             (2)  The coding of an initial Master Street  Address
32        Guide data base, and update and maintenance thereof.
33             (3)  The  repayment  of  any monies advanced for the
34        implementation of the system.
 
                            -3-               LRB9204478MWksA
 1             (4)  The charges for Automatic Number Identification
 2        and  Automatic  Location  Identification   equipment,   a
 3        computer  aided  dispatch system that records, maintains,
 4        and  integrates  information,  mobile  data  transmitters
 5        equipped   with   automatic   vehicle    locators,    and
 6        maintenance,  replacement  and update thereof to increase
 7        operational  efficiency  and  improve  the  provision  of
 8        emergency services.
 9             (5)  The   non-recurring    charges    related    to
10        installation  of  the  Emergency Telephone System and the
11        ongoing network charges.
12             (6)  The  acquisition  and  installation,   or   the
13        reimbursement  of  costs  therefor  to other governmental
14        bodies that have incurred those costs, of road or  street
15        signs  that  are  essential  to the implementation of the
16        emergency telephone system and that are  not  duplicative
17        of  signs that are the responsibility of the jurisdiction
18        charged with maintaining road and street signs.
19             (7)  Other products and services necessary  for  the
20        implementation,  upgrade,  and  maintenance of the system
21        and any other purpose related to  the  operation  of  the
22        system,  including  costs  attributable  directly  to the
23        construction, leasing, or maintenance of any buildings or
24        facilities or costs of personnel attributable directly to
25        the operation of the system. Costs attributable  directly
26        to  the operation of an emergency telephone system do not
27        include the costs of public safety agency  personnel  who
28        are  and  equipment  that is dispatched in response to an
29        emergency call.
30             (8)  Compensation of any public safety  agency  that
31        provides   personnel   to   answer  calls  for  emergency
32        assistance  or  to  maintain  or  operate  an   emergency
33        telephone system during an outage of the system.
34        (d)  The  board  shall  complete  the  data  base  before
 
                            -4-               LRB9204478MWksA
 1    implementation  of  the 9-1-1 system.  The error ratio of the
 2    data base shall not at any time exceed 1% of the  total  data
 3    base.
 4    (Source: P.A. 89-568, eff. 1-1-97; 90-698, eff. 8-7-98.)

 5        (50 ILCS 750/15.7 new)
 6        Sec.  15.7.  System outages; compensation.  The emergency
 7    telephone system board  must  compensate  any  public  safety
 8    agency that provides personnel to answer calls or to maintain
 9    or  operate an emergency telephone system during an outage of
10    that system.

11        Section 10.  The Fire Protection District Act is  amended
12    by changing Section 6 and by adding Section 8.5 as follows:

13        (70 ILCS 705/6) (from Ch. 127 1/2, par. 26)
14        Sec.  6.   The  trustees  shall  constitute  a  board  of
15    trustees for the district for which they are appointed, which
16    board  of  trustees is declared to be the corporate authority
17    of the fire protection district, and shall  exercise  all  of
18    the  powers  and control all the affairs and property of such
19    district. The board of trustees at their initial meeting  and
20    at their first meeting following the commencement of the term
21    of  any  trustee shall elect one of their number as president
22    and one of their  number  as  secretary  and  shall  elect  a
23    treasurer for the district, who may be one of the trustees or
24    may  be  any other citizen of the district and who shall hold
25    office during the pleasure of the board and  who  shall  give
26    such  bond  as  may  be  required  by  the  board.  Except as
27    otherwise provided in Sections 16.01 through 16.18, the board
28    may appoint a fire chief and such firemen as may be necessary
29    for the district who shall hold office during the pleasure of
30    the board and who shall give  such  bond  as  the  board  may
31    require.   The  board  may  prescribe  the duties and fix the
 
                            -5-               LRB9204478MWksA
 1    compensation of all the officers and employees  of  the  fire
 2    protection  district.  A member of the board of trustees of a
 3    fire protection district may be compensated as follows: in  a
 4    district  having  fewer  than 4 full time paid firemen, a sum
 5    not to exceed $1,000 per annum; in  a  district  having  more
 6    than  3 but less than 10 full time paid firemen, a sum not to
 7    exceed $1,500 per annum; in a district having  either  10  or
 8    more  full  time paid firemen, a sum not to exceed $2,000 per
 9    annum. In addition, fire districts that operate an  ambulance
10    service  pursuant to authorization by referendum, as provided
11    in  Section  22,  may  pay  trustees  an  additional   annual
12    compensation  not  to  exceed  50%  of  the  amount otherwise
13    authorized herein.  The additional compensation shall  be  an
14    administrative  expense of the ambulance service and shall be
15    paid from revenues raised by the  ambulance  tax  levy.   The
16    trustees  also  have  the  express power to execute a note or
17    notes and to execute a mortgage or trust deed to  secure  the
18    payment  of  such  note or notes; such trust deed or mortgage
19    shall cover real estate, or some part  thereof,  or  personal
20    property  owned  by the district and the lien of the mortgage
21    shall apply to  the  real  estate  or  personal  property  so
22    mortgaged  by  the  district, and the proceeds of the note or
23    notes may be used in the acquisition of personal property  or
24    of  real  estate  or  in the erection of improvements on such
25    real estate.  The trustees have  express  power  to  purchase
26    either  real  estate  or personal property to be used for the
27    purposes of the fire protection  district  through  contracts
28    which  provide  for the consideration for such purchase to be
29    paid through installments to  be  made  at  stated  intervals
30    during  a certain period of time, but, in no case, shall such
31    contracts provide for the consideration to be paid  during  a
32    period  of  time  in  excess  of 25 years.  The trustees have
33    express power to provide for the benefit  of  its  employees,
34    volunteer  firemen  and  paid  firemen,  group  life, health,
 
                            -6-               LRB9204478MWksA
 1    accident, hospital and medical insurance, or any  combination
 2    thereof; and to pay for all or any portion of the premiums on
 3    such  insurance.   Such  insurance may include provisions for
 4    employees who rely on  treatment  by  spiritual  means  alone
 5    through  prayer  for  healing  in  accord with the tenets and
 6    practice of a well  recognized  religious  denomination.  The
 7    board  of  trustees has express power to change the corporate
 8    name of the fire protection district  by  ordinance  provided
 9    that notification of any change is given to the circuit clerk
10    and  the  Office  of  the  State  Fire  Marshal. The board of
11    trustees has full power to pass all necessary ordinances, and
12    rules and regulations for the proper management  and  conduct
13    of  the  business  of  the  board  of  trustees  of  the fire
14    protection district for carrying into effect the objects  for
15    which the district was formed.
16        The  board  of  trustees  may provide, in addition to any
17    other benefits authorized by law, a recruitment and retention
18    incentive benefit to members of a fire department.  The  cost
19    of  funding  the  recruitment and retention incentive benefit
20    may not exceed 2% of the annual budget and  appropriation  of
21    the fire protection district providing the benefit.
22    (Source: P.A. 85-1434; 86-1194.)

23        (70 ILCS 705/8.5 new)
24        Sec. 8.5. Ordinance violations; penalties.
25        (a)  The   board  of  trustees  of  any  fire  protection
26    district incorporated under this Act has  the  authority,  in
27    connection with the passage of any ordinance adopted for fire
28    prevention  or  control or the regulation of open burning, to
29    make any violation of the ordinance subject to a  civil  fine
30    not to exceed $750.
31        (b)  A  fire protection district may bring proceedings to
32    collect civil fines for a violation of an  ordinance  in  the
33    circuit  court  of  the  country  in  which  the  district is
 
                            -7-               LRB9204478MWksA
 1    located.
 2        (c)  In addition to any other remedy under this  Section,
 3    a  fire protection district may seek injunctive relief in the
 4    circuit court of the county in which the district is  located
 5    for  the  purpose of enforcing compliance with or prohibiting
 6    the violation of any ordinance.

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