Public Act 096-1177
 
SB3722 EnrolledLRB096 20662 RLJ 36379 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Fire Protection of Unprotected Area Act is 
amended  by changing Sections 1, 2, 3, 4, 5, 6, and 7 as 
follows:
 



    (70 ILCS 715/1)  (from Ch. 127 1/2, par. 301)



    Sec. 1. Definitions. As used in this Act: As used in this 
Act: 

    "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.

    "Fire Marshal" means the State Fire Marshal.

    "Fire Protection Jurisdiction District" includes fire 
departments of any unit units of
local government.

    "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.

(Source: P.A. 79-1054.)

 



    (70 ILCS 715/2)  (from Ch. 127 1/2, par. 302)



    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

protection jurisdiction district.  Incorporated areas and 
municipal fire
departments shall
be exempt from the provisions 
of this Act.

(Source: P.A. 91-357, eff. 7-29-99.)

 



    (70 ILCS 715/3)  (from Ch. 127 1/2, par. 303)



    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.

(Source: P.A. 83-392.)

 



    (70 ILCS 715/4)  (from Ch. 127 1/2, par. 304)



    Sec. 4. Assignment of coverage; payment. 
    (a) If unable to arrange or negotiate successfully for fire

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.

    (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.

    (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.

    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.

(Source: P.A. 83-392.)

 



    (70 ILCS 715/5)  (from Ch. 127 1/2, par. 305)



    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

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.

(Source: P.A. 85-1434.)

 



    (70 ILCS 715/6)  (from Ch. 127 1/2, par. 306)



    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

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.

(Source: P.A. 79-1054.)

 



    (70 ILCS 715/7)  (from Ch. 127 1/2, par. 307)



    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.

    (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.

    (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.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  07/22/2010