State of Illinois
91st General Assembly
Legislation

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91_SB0168enr

SB168 Enrolled                                 LRB9102278MWpc

 1        AN ACT in relation to fire protection districts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Fire Protection District Act  is  amended
 5    by changing Sections 6 and 16.04 as follows:

 6        (70 ILCS 705/6) (from Ch. 127 1/2, par. 26)
 7        Sec.  6.   The  trustees  shall  constitute  a  board  of
 8    trustees for the district for which they are appointed, which
 9    board  of  trustees is declared to be the corporate authority
10    of the fire protection district, and shall  exercise  all  of
11    the  powers  and control all the affairs and property of such
12    district. The board of trustees at their initial meeting  and
13    at their first meeting following the commencement of the term
14    of  any  trustee shall elect one of their number as president
15    and one of their  number  as  secretary  and  shall  elect  a
16    treasurer for the district, who may be one of the trustees or
17    may  be  any other citizen of the district and who shall hold
18    office during the pleasure of the board and  who  shall  give
19    such  bond  as  may  be  required  by  the  board.  Except as
20    otherwise provided in Sections 16.01 through 16.18, the board
21    may  appoint  and  enter  into  a  multi-year  contract   not
22    exceeding  3 years with a fire chief and may appoint any such
23    firemen that as may be necessary for the district  who  shall
24    hold  office  during  the pleasure of the board and who shall
25    give any such bond that as the board may require.  The  board
26    may  prescribe the duties and fix the compensation of all the
27    officers and employees of the fire  protection  district.   A
28    member of the board of trustees of a fire protection district
29    may  be  compensated  as  follows: in a district having fewer
30    than 4 full time paid firemen, a sum not to exceed $1,000 per
31    annum; in a district having more than 3 but less than 10 full
 
SB168 Enrolled             -2-                 LRB9102278MWpc
 1    time paid firemen, a sum not to exceed $1,500 per annum; in a
 2    district having either 10 or more full time paid  firemen,  a
 3    sum  not  to  exceed  $2,000  per  annum.  In  addition, fire
 4    districts that  operate  an  ambulance  service  pursuant  to
 5    authorization  by  referendum, as provided in Section 22, may
 6    pay trustees an additional annual compensation not to  exceed
 7    50%   of   the   amount  otherwise  authorized  herein.   The
 8    additional compensation shall be an administrative expense of
 9    the ambulance service and shall be paid from revenues  raised
10    by  the  ambulance  tax  levy.   The  trustees  also have the
11    express power to execute a note or notes  and  to  execute  a
12    mortgage  or trust deed to secure the payment of such note or
13    notes; such trust deed or mortgage shall cover  real  estate,
14    or  some  part  thereof,  or  personal  property owned by the
15    district and the lien of the mortgage shall apply to the real
16    estate or personal property so mortgaged by the district, and
17    the proceeds of  the  note  or  notes  may  be  used  in  the
18    acquisition  of personal property or of real estate or in the
19    erection of improvements on such real estate.   The  trustees
20    have express power to purchase either real estate or personal
21    property  to  be used for the purposes of the fire protection
22    district   through   contracts   which   provide   for    the
23    consideration   for   such   purchase   to  be  paid  through
24    installments to be made at stated intervals during a  certain
25    period of time, but, in no case, shall such contracts provide
26    for  the  consideration to be paid during a period of time in
27    excess of 25 years.   The  trustees  have  express  power  to
28    provide  for  the benefit of its employees, volunteer firemen
29    and paid firemen, group life, health, accident, hospital  and
30    medical insurance, or any combination thereof; and to pay for
31    all  or  any portion of the premiums on such insurance.  Such
32    insurance may include provisions for employees  who  rely  on
33    treatment by spiritual means alone through prayer for healing
34    in  accord  with the tenets and practice of a well recognized
 
SB168 Enrolled             -3-                 LRB9102278MWpc
 1    religious denomination. The board  of  trustees  has  express
 2    power  to  change  the  corporate name of the fire protection
 3    district by  ordinance  provided  that  notification  of  any
 4    change  is  given  to the circuit clerk and the Office of the
 5    State Fire Marshal. The board of trustees has full  power  to
 6    pass  all necessary ordinances, and rules and regulations for
 7    the proper management and conduct  of  the  business  of  the
 8    board  of  trustees  of  the  fire  protection  district  for
 9    carrying  into  effect the objects for which the district was
10    formed.
11    (Source: P.A. 85-1434; 86-1194.)

12        (70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
13        Sec. 16.04a.   The  board  of  fire  commissioners  shall
14    appoint  all  officers and members of the fire departments of
15    the district, except the Chief of the fire  department.   The
16    board  of  trustees  shall  appoint  the  Chief  of  the fire
17    department, who shall serve at the pleasure of the board, and
18    may enter into a multi-year contract not  exceeding  3  years
19    with  the  Chief.   The Chief of the fire department shall be
20    appointed by the trustees.
21        If a member of the department is appointed Chief  of  the
22    fire  department prior to being eligible to retire on pension
23    he shall be considered as on furlough from the rank  he  held
24    immediately prior to his appointment as Chief.  If he resigns
25    as  Chief  or  is  discharged  as  Chief  prior  to attaining
26    eligibility to retire on pension, he shall revert to  and  be
27    established in such prior rank, and thereafter be entitled to
28    all  the  benefits and emoluments of such prior rank, without
29    regard as to whether a vacancy then exists in such  rank.  In
30    such  instances,  the Chief shall be deemed to have continued
31    to accrue seniority in the department during  his  period  of
32    service  as  Chief,  or  time  in grade in his former rank to
33    which he shall revert during his period of service as  Chief,
 
SB168 Enrolled             -4-                 LRB9102278MWpc
 1    except  solely  for  purposes  of  any  layoff as provided in
 2    Section 16.13b hereafter.
 3        All appointments to each department other  than  that  of
 4    the  lowest  rank, however, shall be from the rank next below
 5    that to which the appointment is made, except that the  Chief
 6    of the fire department may be appointed from among members of
 7    the fire department, regardless of rank.
 8        The  sole  authority to issue certificates of appointment
 9    shall be vested in the board of fire  commissioners  and  all
10    certificates  of appointments issued to any officer or member
11    of the fire department shall be signed by  the  chairman  and
12    secretary  respectively  of  the  board of fire commissioners
13    upon appointment of  such  officer  or  member  of  the  fire
14    department by action of the board of fire commissioners.
15    (Source: P.A. 86-562.)

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