### 1 2019 IL App (5th) 180064
NO. 5 -18-0064
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT

________________________________________________________________________ THE CITY OF EFFINGHAM, ILLINOIS, ) Appeal from the a Municipal Corporation, ) Circuit Court of ) Effingham County. Plaintiff -Appell ant , ) ) v. ) No. 17- SC -576 ) DISS TRUCK & REPAIR, LLC, ) Honorable ) Amanda S. Ade

- Harlow, Defendant

- Appellee. ) Judge, presiding.

________________________________________________________________________ JUSTICE WELCH deli vered the judgment of the court, with opinion. Justice s Chapman and Cates concurred in the judgment and opinion.
OPINION ¶ 1 The appellant, the City of Effingham, Illinois (City), sought compensation for extrication services performed for the benefit of the appellee, Diss Truck & Repair, LLC (LLC), a nonresident, pursuant to section 11-6-1.1 of the Illinois Municipal Code (Code) (65 ILCS
5/11-6-1.1 (West 2016)). The trial court, finding that “firefighting services” under section
11-6-1.1 did not include extrication services performed for nonresidents, concluded that the City was not entitled to compensation. For the reasons that follow, we reverse and remand for
further proceedings. ¶ 2 I. BACKGROUND ¶ 3 Section 11-6-1.1 of the Code provides as follows: NOTICE Decision filed 03/28/19. The text of this decision may be changed or corrected prior to the filing of a Peti ion for Rehearing or the disposition of the same.

### 2 “A municipality may choose to provide firefighting services to property outside its corporate limits. The corporate authorities of each municipality may fix, charge, and
collect firefighting service fees not exceeding the actual cost of the service for all firefighting services rendered by the municipality against persons, businesses, and other
entities that are not residents of the municipality .” Id.
Pursuant to section 11-6-1.1, the City passed ordinance No. 102-2015, which allows the City

to seek reimbursement for extrication services performed by the Effingham fire department (EFD) for vehicles outside the city limits and for vehicles owned, operated, or leased by persons, businesses, and other entities that are nonresidents. ¶ 4 On June 6, 2017, Lowell Ingram and his partner, Charles Kevin Diss, were contacted by UP trucking to repair a semi trail er that had broken down at the Pinnacle parking lot in Effingham. While performing those repairs, the trail er jacks failed, and the semi trail er fell on top
of Ingram, trapping him underneath. The front of the semi trail er was completely on the ground.
Diss flagged down a Pinnacle employee to call 9-1-1, and the EFD was among the responding authorities. Joseph Holomy, the chief of the EFD, was at the scene and requested
extrication assistance from a towing and recovery company and local plant personnel. The
local plant personnel brought forklifts from inside the plant to assist with lifting the
semi trail er. Although Ingram was freed from the semi trail er, he subsequently passed away as a result of his injuries. ¶ 5 There were six full

- time EFD firefighters and four part

- time EFD firefighters on the

scene to assist with the extrication services. Pursuant to the union contract, each firefighter

was paid for two hours of time. A bill for the extrication services was sent to the LLC
because Ingram was its employee and co
- owner, and neither the business nor its owners were

### 3 residents of Effingham. The bill included labor and equipment charges totaling $2072. The
LLC did not pay the bill, and the City filed a small claims complaint against the LLC on November 9, 2017. ¶ 6 After a hearing on the small claims complaint, the trial court questioned whether
section 11-6-1.1 of the Code allowed the City to obtain reimbursement for extrication services

as “ firefighting services.” The court noted that the statute did not define “ firefighting services”
and that it was not clear whether “ firefighting services” included extrication services performed by the EFD on behalf of nonresidents. The court noted that a similar provision of

t he Code ( id. § 11-6-10 (a) ) provided for reimbursement to the volunteer fire departments for

“ all services” rendered to nonresidents and not just for “ firefighting services.” Ultimately, the
court found that section 11-6-1.1 of the Code did not include extrication services performed by the EFD and entered judgment in favor of the LLC. Thereafter, the court entered a docket entry on January 23, 2018, finding that the City had not proven its case. The City appeals. ¶ 7 II. ANALYSIS ¶ 8 Initially, we note that no appellee’ s brief has been filed in this case. Our supreme court
has stated the following with regard to cases where no appellee’ s brief has been filed:

“ [I ]t seems that if the record is simple and the claimed errors are such that the court

can easily decide them without the aid of an appellee’ s brief, the court of review
should decide the merits of the appeal. In other cases if the appellant’ s brief
demonstrates prima facie reversible error and the contentions of the brief find support in
the record the judgment of the trial court may be reversed.” First Capitol Mortgage Corp. v. Talandis Construction Corp. , 63 Ill. 2d 128, 133 (1976). We find that the case before us falls within the second type discussed by the supreme court.

### 4 ¶ 9 The sole issue before us on appeal requires us to interpret section 11 -6- 1.1 of the Code to determine whether the term “firefighting services” includes the extrication services performed by a fire department on behalf of a nonresident. An issue of statutory construction is reviewed
de novo. Citizens Opposing Pollution v. ExxonMobil Coal U.S.A. , 2012 IL 111286, ¶ 23. The primary objective of statutory construction is to ascertain and give effect to the legislature’ s intent. Solon v. Midwest Medical Records Ass’n , 236 Ill. 2d 433, 440 (2010). The best indication
of such intent is the language of the statute itself, which must be given its plain and ordinary meaning. Id. Where the statutory language is clear and unambiguous, it must be applied as
written without reso rt to extrinsic aids of statutory construction. Id. However, where a statute is capable of being understood by reasonably well

- informed persons in two or more different ways, then the statute is ambiguous. Id. If a statute is ambiguous, then the court may consider extrinsic aids of construction to discern the legislative intent. Id. In interpreting a statute, the court presumes that the legislature did not intend absurdity, inconvenience, or injustice. Citizens Opposing Pollution , 2012 IL 111286, ¶ 23. ¶ 10 Here, section 11 -6- 1.1 of the Code allows the corporate authorities of a municipality to fix, charge, and collect firefighting service fees not exceeding the actual cost of the service for all firefighting services rendered by the municipality against pers ons, businesses, and other entities
that are nonresidents. 65 ILCS 5/11 -6- 1.1 (West 2016). There is no statutory definition for the term “firefighting services.” A reasonable interpretation of “firefighting services” could be that
the term is limited to th e specific service of fighting fires and those services directly incidental to fighting any such fires; t he trial court took this view. However, another reasonable inte rpretation of the term is that “firefighting services” includes all services performed by a municipal fire department on behalf of nonresidents, which includes extrication services. As the statutory

### 5 language is ambiguous ( i.e. , it is subject to two or more reasonable interpretations ) , it is appropriate for us to consider extrinsic evidence, such as legislative history, to asc ertain the legislative intent. See Solon , 236 Ill. 2d at 443. ¶ 11 Section 11 -6- 1.1 of the Code became effective on July 23, 2003, pursuant to the pa ssage of Public Act 93

- 304, an “ Act in relation to fi re protection.” Pub. Act 93

- 304 (eff. July 23, 2003) (adding 65 ILCS 5/11-6-1.1). Public Act 93-304 also made a similar amendment to the Township Code, which provided that the township may fix, charge, and collect fees not exceeding the
reasonable cost of the service for all services rendered by the township against persons, businesses, and other entities who are not township residents. Pub. Act 93

- 304 (eff. July 23, 2003) (adding 60 ILCS 1/30-166). 1 ¶ 12 Before its passage, Public Act 93

- 304 was House Bill 120

. During the third reading of House Bill 120 on April 4, 2003, Representative Michael K. Smith, a sponsor of the bill,
described the bill as follows:

“ This would simply allow municipalities and township fire departments to charge

non resident persons or bus inesses for fire protection services. Basically, if someone is in need of *** a fire protection service in a municipality, they don’ t live in the municipality, the municipality, currently, cannot charge them for that service. Fire protection districts
do have this power, municipalities do not. So this is just bringing parity to them. ” 93d Ill

. Gen. Assem., House Proceedings, Apr

. 4, 2003, at 239

- 40 (statements of Representative Smith). 2

1 This statute has since been recodified as 60 ILCS 1/30 -167 but remains substantively unchanged.

2 The statutory authority for a fire protection district’s ability to seek reimbursement is set forth in section 11f(a) of the Fire Protection District Act (70 ILCS 705/11f (a) (West 2004)). As of 2003, section 11f(a) allowed a fire protection district to fix, charge, and collect fees not exceeding the reasonable cost of the service for all services rendered by the district against persons,

### 6 ¶ 13 Thereafter, on May 9, 2003, during the Senate’s third reading of House Bill 120, Senator George P. Shadid, the Senate sponsor of the bill, stated as follows:

“ House Bill 120 addresses a problem in downstate communities where there are holes in the fire protection services. If a municipality or a township fire department is cal led to serve an area that doesn’t pay any fire protection tax, House Bill 120 allows those municipalities and township fire departments to charge non resident persons, businesses and other entities for fire protection services.” 93d Ill . Gen. Assem., Sen ate Proceedings, May 9, 2003, at 7 (statements of Senator Shadid). House Bill 120 passed without further discussion and became effective on July 23, 2003. ¶ 14 There is no indication in the legislative history that the legislature’ s int ent was to limit a
munici pality’s or township’ s recovery of the cost of services to only services performed while fighting fires. Instead, the legislative history reveals that the intent was to allow reimbursement from nonresidents whenever the fire department is called to serve a n area. ¶ 15 This conclusion is apparent when comparing legislative history and lawmakers’ comments regarding similar legislation. After Public Act 93

- 304 was passed into law, the legislature enacted 65 ILCS 5/11 -6- 10, pursuant to the passage of Public Act 99

- 770 (Pub. Act 99-770 (eff. Aug. 12, 2016) (adding 65 ILCS 5/11-6- 10)), a similar statu te that extended the right of reimbursement to volunteer municipal fire departments and volunteer firefighters of any municipal fire department. Section 11 -6- 10 of the Code (65 ILCS 5/11 -6-10 (a) (West 2016)) provided that municipalities may fix, charge, an d collect fees not exceeding the reasonable cost of the service for all services rendered by a volunteer municipal fire department or a volunteer

businesses, and other entities who are not residents of the fire protection districts. Although other subsections of this statute have been amended, subsection (a) remains the same.

### 7 firefighter of any municipal fire department for persons, businesses, and other entities who are nonresidents. This statute addressed an apparent gap in the previously passed legislation.

¶ 16 Before its passage, Public Act 99

- 770 was House Bill 4522. During the third reading before the House on April 19, 2016, the following discussion was held regarding this bill:

“ HO FFMAN : *** This is an initiative of municipal volunteer fire d epartments. It
i ndicates that a municipal volunteer fire department that *** answers a call of a nonresident for services rendered, may do the same thing as a fire protection district
alrea dy ha s the power to do and that’s charge for *** the services that they provide. This just makes it consistent with what fire protection districts already can do. ***
* * *
HOFFMAN : ...a current law allows fire protection districts that answer a call

o utside of their jurisdiction. For instance, *** the fire protection district who goes and
answers the call right outside of a car crash. They then can get reimbursed by the insurance company when they’re answering a nonresidence call. That’ s for the fire protection districts; however, a municipal volunteer district cannot get reimbursed.
SANDACK : *** So, the distinction is fire protectio n *** districts can get
service

... provide services outside their jurisdi ction subject to reimbursement for insurance, but a voluntary municipal department may not?
HOFFMAN : Currently they cannot.
SANDACK : Okay. What about a municipal department right now, not a voluntary departmen t, but a municipal department? Can they do the very same thing a fire protection district can do?
HOFFMAN : Yes, I think so. Yes, they can.

### 8 SANDACK : *** [S]o *** your Bill basically would bring parity to volunteer

m unicipal departments with municipal departments and fire protection districts?
HOFFMAN : Yes. The specifics

... specifically came from Fairmont City F ire Protection District, which is a municipal volunteer fire department. They *** are right next to the interstate, and they always get called to address problems and crashes on the
interstate. And this would allow the m reimbursement, the same as everybody else.
* * *
MOFFITT : It’ s good public policy. It really helps the taxpayers of the district
that’ s providing the service. ***
* * *
HOFFMAN : *** And what this does is it actually will help the taxpayers in the
volunteer munic ipal fire department because it’ ll *** lessen the burden for them when the fire department is answering calls of non residents who aren’ t contributing to t hat fire department’s budget.” 99th Ill. Gen. Assem., House Proceedings, Apr

. 19, 2016, at 92 -96 (statements of Representatives Hoffman, Sandack, and Moffitt). ¶ 17 The legislatu re also extended a municipality’ s right to reimbursement for specialized rescue services (65 ILCS 5/11 -6- 5 (West 2008)) and technical rescue services ( id. § 11-6- 6). Before its passage, section 11 -6- 5 was known as Senate Bill 1244. During the May 30, 2007, third reading of this bill in the House, the following exchange occurred:

“ MOFFITT : *** And what that Amendment does is allow fire departments to charge entities tha t require the specialized emergency teams, who have been found at fault by the U.S. Occupational and Safety Administration or by the Illinois Department of
Labor. ***

### 9 * * *
BLACK : *** Currently, as you know, districts can charge a fee for e mergency service s to nonresidents of the fire departments

... MOFFITT :
... right.
BLACK : ...or districts.
* * *
BLACK : *** I’m talking about what’ s in current legislation, where fire
d epartments can charge a fee, the rate is a hundred and twenty

- five dollars ($125) an hour per vehicle and thirty- five dollars ($35) per hour per firefighter.
MOFFITT : Right. That’ s already in statute.
BLACK : Yeah. That’s already in statute, and it said, a fee for emergency services. Now, what’ s that

... under the current law, what’ s the definiti on of ‘emergency service ’?
MOFFITT : Current law would be if your local fire department provided that

...

e mergency response would call the fire department for an out -of- district r esident.
* * *
HOLBROOK : *** In many areas of the state, like in mine, these are v olunteers
that give their time, they train for literally hundreds of hours, and occasionally they’ re called out on situations that right now our fire department s can collective [ sic ] ***

. ***
Our v olunteers in many, many cases, especially d ownstate, and [ sic ] this may just help one of those groups stay solvent. *** It’ s the same fee that the fire departments charge.
We’ re just covering the rescue people. *** [T]his is the right thing to do, our fire depa rtments have done it for years.” 95th Ill. Gen. Assem., House Pro ceedings, May 30, 2007, at 27-34 (statements of Representatives Moffitt, Black, and Holbrook).

### 10 ¶ 18 After reviewing the legislative history, both before and after the enactment of the statute,

w e conclude that the legislature’ s intent in allowing a municipality to seek reimbursement for firefighting services provided to nonresident s was to eliminate the taxpayer’ s burden for such services; the intent was to allocate the cost of the serv ices to nonresidents so that the citizens of the municipality were not forced to bear the cost of services performed on behalf of those not
pay ing taxes to the municipality. Like with the fire protection districts and the volunteer firefighters, a municipa lity’s and township’ s fire department services are not just limited to fighting fires; thus, the most reasonable interpretation of “firefighting services” in light of the legislative history is all services rendered by the municipality’ s fire department. ¶ 19 III. CONCLUSION ¶ 20 Accordin gly, we reverse the trial court’ s order finding in favor of the LLC because “firefighting services” includes extrication servic es performed for nonresidents. We remand the
matter for further proceedings consistent with this opinion.

¶ 21 Reversed and remanded.2019 IL App (5th) 180064
NO. 5 -18-0064
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT

________________________________________________________________________ THE CITY OF EFFINGHAM, ILLINOIS, ) Appeal from the a Municipal Corporation, ) Circuit Court of ) Effingham County. Plaintiff -Appellant, ) ) v. ) No. 17- SC -576 ) DISS TRUCK & REPAIR, LLC, ) Honorable ) Amanda S. Ade- Harlow, Defendant

- Appellee. ) Judge, presiding.

______________________________________________________________________________ Opinion Filed: March 28, 2019

______________________________________________________________________________ Justices: Honorable Thomas M. Welch , J.
Honorable Melissa A. Chapman , J., and Honorable Judy L. Cates , J. Concur

______________________________________________________________________________ Attorney Aaron C. Jones, Taylor Law Offices, P.C., 122 E. Washington Avenue, for P.O. Box 668, Effingham, IL 62401 Appellant

______________________________________________________________________________ Pro Se Diss Truck & Repair , LLC, 7101 State Route 37, Alma, IL 62807 Appellee

______________________________________________________________________________