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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.