Bill Amendment: IL HB4179 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EMERGENCY SERVICE DIST-VARIOUS

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0807 [HB4179 Detail]

Download: Illinois-2023-HB4179-Senate_Amendment_003.html

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Sen. Tom Bennett

Filed: 5/20/2024

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AMENDMENT TO HOUSE BILL 4179
AMENDMENT NO. ______. Amend House Bill 4179, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Emergency Services Districts Act is
amended by changing Sections 2.5, 4, 11, 11.3, and 11.5 as
follows:
(70 ILCS 2005/2.5)
Sec. 2.5. Rescue squad district continuance. A rescue
squad district organized under this Act before January 1, 2024
(the effective date of Public Act 103-134) this amendatory Act
of the 103rd General Assembly may (i) continue to be named a
rescue squad district or be renamed an emergency services
district by ordinance of the board of trustees of the
district, (ii) operate under the provisions of this Act as if
it was they were organized as an emergency services district,

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and (iii) continue exercising taxing authority granted to it
that was approved before January 1, 2024, and (iv) for a
district in counties other than Cook County, DuPage County,
Kane County, Lake County, McHenry County, or Will County,
increase, by referendum, the tax rate authorized by its
organizational proposition under Section 4 by up to an
additional 0.20%. However, the aggregate tax authorized to be
levied for any one year under Section 4, including the amount
levied under the organizational proposition, shall not exceed
0.20% of value for a district in Cook County, DuPage County,
Kane County, Lake County, McHenry County, or Will County or
0.40% of value for a district in counties other than Cook
County, DuPage County, Kane County, Lake County, McHenry
County, or Will County, as equalized or assessed by the
Department of Revenue. The taxes authorized under this Section
may be used for any purpose allowed under this Act, including,
but not limited to, ambulance service. the effective date of
this amendatory Act of the 103rd General Assembly and the
taxes may be used for any purpose allowed under this Act.
(Source: P.A. 103-134, eff. 1-1-24.)
(70 ILCS 2005/4) (from Ch. 85, par. 6854)
Sec. 4. The determination of the court as to the necessity
for the organization of the proposed emergency services
district, together with the description of the boundaries of
the district as fixed by the court, shall be entered of record

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in the court. Thereupon the court shall certify the question
of the organization of the territory included within the
boundaries fixed by it as an emergency services district to
the proper election officials, who shall submit the question
to the legal voters resident within the territory at an
election to be held in the district. Notice of the referendum
shall be given and the referendum conducted in the manner
provided by the general election law. The notice of the
election shall state the purpose of the referendum, describe
the territory proposed to be organized as an emergency
services district, and state the time of the election.
The proposition shall be in substantially the following
form:
--------------------------------------------------------
Shall this territory (describing
it) be organized as The ........... YES
Emergency Services
District and shall the
District be authorized to levy and ----------------------
collect a property tax not to exceed
[0.20%/0.40%, as applicable] .20%
on the property situated in the NO
District?
-------------------------------------------------------------
The court shall cause a statement of the result to be
entered of record in the court.

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(Source: P.A. 103-134, eff. 1-1-24.)
(70 ILCS 2005/11)
Sec. 11. Property tax; fees.
(a) An emergency services district organized under this
Act may levy and collect a general tax on the property situated
in the district, but the aggregate amount of taxes levied for
any one year under this Act shall not exceed the rate of 0.20%
.20% of value for a district in Cook County, DuPage County,
Kane County, Lake County, McHenry County, or Will County or
0.80% of value for a district in counties other than Cook
County, DuPage County, Kane County, Lake County, McHenry
County, or Will County, as equalized or assessed by the
Department of Revenue. For a district in a county other than
Cook County, DuPage County, Kane County, Lake County, McHenry
County, or Will County, no more than half of the rate (0.40%)
may be authorized under paragraph (iv) of Section 2.5, Section
4, or both and half of the rate (0.40%) under Section 11.5. The
board of trustees shall determine and certify the amount to be
levied and shall return the same to the county clerk. The
limitation upon the tax rate may be increased or decreased
under the referendum provisions of the General Revenue Law of
Illinois.
In case the district is located in more than one county,
the board of trustees shall determine and certify the amount
to be levied upon the taxable property lying in each county and

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return the same to the respective county clerks of the
counties in which the amount is to be levied. In order to
determine the amount to be levied upon the taxable property of
that part of the district lying in each county, the board shall
ascertain from the county clerk of the respective counties in
which the district lies the last ascertained equalized value
of the taxable property of the district lying in their
respective counties, then shall ascertain the rate per cent
required and shall, accordingly, apportion the whole amount to
be raised between the several parts of the district so lying in
the different counties. The tax provided for in this Section
shall be levied at the same time and in the same manner as
nearly as practicable as taxes are now levied for municipal
purposes under the laws of this State.
All general taxes under this Act, when collected, shall be
paid over to the treasurer of the board of trustees, who is
authorized to receive and receipt for the same.
(b) An emergency services A rescue squad district
organized under this Act may fix, charge, and collect fees for
district rescue squad services and ambulance services within
or outside of the rescue squad district not exceeding the
reasonable cost of the service.
(Source: P.A. 103-134, eff. 1-1-24; 103-174, eff. 6-30-23;
revised 12-12-23.)
(70 ILCS 2005/11.3)

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Sec. 11.3. Ambulance service.
(a) The board of trustees may provide ambulance service to
or from points within or without the district, contract with
providers of ambulance service, combine with other units of
local government for the purpose of providing ambulance
service, and adopt rules and regulations relating to ambulance
service within the board's jurisdiction.
(b) The board of trustees may:
(1) contract with a private person, hospital,
corporation, or another governmental unit for the
provision and operation of ambulance service or subsidize
the ambulance service;
(2) limit the number of ambulance services by
referendum;
(3) within its jurisdiction, fix, charge, and collect
fees for ambulance service within or outside of the fire
protection district not exceeding the reasonable cost of
the service; and
(4) establish necessary regulations not inconsistent
with the statutes or regulations of the Department of
Public Health relating to ambulance service.
The board of trustees may limit the number of ambulances
under paragraph (2) or establish regulations under paragraph
(4) if a referendum under Section 11.5 has been approved.
(Source: P.A. 103-134, eff. 1-1-24.)

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(70 ILCS 2005/11.5)
Sec. 11.5. Ambulance service tax. Whenever the board of
trustees of an emergency services district desires to levy a
special tax to provide an ambulance service or support an
existing ambulance service, it shall certify the question to
the proper election officials, who shall submit that question
at an election to the voters of the district. The result of the
referendum shall be entered upon the records of the district.
If a majority of the votes on the question are in favor of the
question, the board of trustees may then levy a special tax at
a rate not to exceed 0.40% of the value of all taxable property
within the district as equalized or assessed by the Department
of Revenue. The question shall be in substantially the
following form:
----------------------------------------------
Shall the ....
Emergency Services
District levy a special tax at a rate YES
not to exceed 0.40% of the value of all
taxable property within the district -----------------
as equalized or assessed by the
Department of Revenue for the purpose NO
of providing or supporting an ambulance
service?
-------------------------------------------------------------
The A tax levied under Section 4 11 may be used for

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ambulance services as well as a tax levied under this Section.
The aggregate percentage of all tax levies that a district may
levy under this Act may not exceed the aggregate percentage
limitation under Section 11.
(Source: P.A. 103-134, eff. 1-1-24.)