Illinois General Assembly - Full Text of HB5197
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Full Text of HB5197  100th General Assembly

HB5197sam004 100TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/23/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5197

2    AMENDMENT NO. ______. Amend House Bill 5197 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 11-10-2 as follows:
 
6    (65 ILCS 5/11-10-2)  (from Ch. 24, par. 11-10-2)
7    Sec. 11-10-2. (a) A department foreign fire insurance board
8shall be created within the fire department of each
9municipality with fewer than 500,000 inhabitants that has an
10organized fire department. The board shall consist of 7
11trustees; the fire chief, who shall hold office by virtue of
12rank, and 6 members, who shall be elected at large by the sworn
13members of the department. If there is an insufficient number
14of candidates to fill all these positions, the number of board
15members may be reduced, but not to fewer than 3 trustees. All
16members of the department shall be eligible to be elected as

 

 

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1officers of the department foreign fire insurance board. The
2members of this board shall annually elect officers. These
3officers shall be a chairman and a treasurer. The trustees of
4the department foreign fire insurance board shall make all
5needful rules and regulations with respect to the department
6foreign fire insurance board and the management of the money to
7be appropriated to the board. The officers of the department
8foreign fire insurance board shall develop and maintain a
9listing of those items that the board feels are appropriate
10expenditures under this Act. The treasurer of the department
11foreign fire insurance board shall give a sufficient bond to
12the municipality in which the fire department is organized.
13This bond shall be approved by the mayor or president, as the
14case may be, conditioned upon the faithful performance by the
15treasurer of his or her duties under the ordinance and the
16rules and regulations provided for in this section. The
17treasurer of the department foreign fire insurance board shall
18receive the appropriated money and shall pay out the money upon
19the order of the department foreign fire insurance board for
20the maintenance, use, and benefit of the department. As part of
21the annual municipal audit, these funds shall be audited to
22verify that the funds have been expended by that board only for
23the maintenance, use, and benefit of the department.
24    (b) As used in this subsection, "active member" means a
25member of the Chicago Fire Department who is not receiving a
26disability pension, retired, or a deferred pensioner of the

 

 

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1Firemen's Annuity and Benefit Fund of Chicago.
2    A department foreign fire insurance board is created within
3the Chicago Fire Department. The board shall consist of 7
4trustees who shall be initially elected on or before January 1,
52019: the fire commissioner, who shall hold office by virtue of
6rank, and 6 elected trustees, who shall be elected at large by
7the sworn members of the department. If there is an
8insufficient number of candidates seeking election to each
9vacant trustee position, the number of board members is reduced
10to 5 trustees, including the fire commissioner of the
11department, until the next election cycle when there are enough
12active members seeking election to fill all 7 member seats. All
13active members are eligible to be elected as trustees of the
14department foreign fire insurance board. Of the trustees first
15elected, 3 trustees shall be elected to a 2-year term and 3
16trustees shall be elected to a 3-year term. After the initial
17election, a trustee shall be elected for a term of 3 years. If
18a member of the board resigns, is removed, or is unable to
19continue serving on the board, the vacancy shall be filled by
20special election of the active members or, in the case of a
21vacancy that will exist for fewer than 180 days until the term
22expires, by appointment by majority vote of the members of the
23board.
24    The members of the board shall annually elect officers.
25These officers shall be a chairman, treasurer, and secretary.
26The trustees of the board shall make rules and regulations with

 

 

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1respect to the board and the management of the money
2appropriated to the board. The officers of the board shall
3develop and maintain a listing of those items that the board
4believes are appropriate expenditures under this subsection.
5The treasurer of the board shall give a sufficient bond to the
6City of Chicago. The cost of the bond shall be paid out of the
7moneys in the board's fund. The bond shall be conditioned upon
8the faithful performance by the treasurer of his or her duties
9under the rules and regulations provided for in this
10subsection. The treasurer of the board shall receive the
11appropriated proceeds and shall disburse the proceeds upon the
12order of the board for the maintenance, use, and benefit of the
13department consistent with this subsection. As part of the
14annual municipal audit, these funds shall be audited to verify
15that the funds have been expended lawfully by the board
16consistent with this subsection.
17    Within 30 days after receipt of any foreign fire insurance
18proceeds by the City of Chicago, the City of Chicago shall
19transfer the proceeds to the board by depositing the proceeds
20into an account determined by the board, except that if the
21effective date of this amendatory Act of the 100th General
22Assembly is after July 31, 2018, then the City of Chicago
23shall, for budget year 2019 only, transfer only 50% of the
24proceeds to the board. Notwithstanding any other provision of
25law: 50% of the foreign fire insurance proceeds received by the
26board shall be used for the maintenance, use, benefit, or

 

 

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1enhancement of fire stations or training facilities used by the
2active members of the fire department; 25% of the foreign fire
3insurance proceeds received by the board shall be used for the
4maintenance, use, benefit, or enhancement of emergency
5response vehicles, tools, and equipment used by the active
6members of the department; and 25% of the foreign fire
7insurance proceeds received by the board shall be used for the
8maintenance and enhancement of the department and for the use
9and benefit of the active members of the department in a manner
10otherwise consistent with this subsection. Foreign fire
11insurance proceeds may not be used to purchase, maintain, or
12enhance personal property of a member of the department, except
13for personal property used in the performance of his or her
14duties or training activities.
15    (c) The provisions of this Section shall be the exclusive
16power of the State, pursuant to subsection (h) of Section 6 of
17Article VII of the Constitution.
18(Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".