HB5197sam001 100TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/22/2018

10000HB5197sam001 LRB100 19037 AWJ 40317 a

AMENDMENT TO HOUSE BILL 5197

AMENDMENT NO. ______. Amend House Bill 5197 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by changing Section 11-10-2 as follows:

(65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)

Sec. 11-10-2. Foreign fire insurance boards.

(a) A department foreign fire insurance board shall be created within the fire department of each municipality with fewer than 500,000 inhabitants that has an organized fire department. The board shall consist of 7 trustees; the fire chief, who shall hold office by virtue of rank, and 6 members, who shall be elected at large by the sworn members of the department. If there is an insufficient number of candidates to fill all these positions, the number of board members may be reduced, but not to fewer than 3 trustees. All members of the department shall be eligible to be elected as officers of the department foreign fire insurance board. The members of this board shall annually elect officers. These officers shall be a chairman and a treasurer. The trustees of the department foreign fire insurance board shall make all needful rules and regulations with respect to the department foreign fire insurance board and the management of the money to be appropriated to the board. The officers of the department foreign fire insurance board shall develop and maintain a listing of those items that the board feels are appropriate expenditures under this Act. The treasurer of the department foreign fire insurance board shall give a sufficient bond to the municipality in which the fire department is organized. This bond shall be approved by the mayor or president, as the case may be, conditioned upon the faithful performance by the treasurer of his or her duties under the ordinance and the rules and regulations provided for in this section. The treasurer of the department foreign fire insurance board shall receive the appropriated money and shall pay out the money upon the order of the department foreign fire insurance board for the maintenance, use, and benefit of the department. As part of the annual municipal audit, these funds shall be audited to verify that the funds have been expended by that board only for the maintenance, use, and benefit of the department.

(b) A department foreign fire insurance board is created on January 1, 2019 within the fire department of each municipality with 500,000 or more inhabitants. The board shall consist of 7 trustees: the fire commissioner, who shall hold office by virtue of rank (or his or her designee), and 6 elected trustees, who shall be elected at large by the sworn members of the fire department. If there is an insufficient number of candidates to fill all trustee positions, the number of board members may be reduced, but not to fewer than 5 trustees. All active members of the department are eligible to be elected as trustees of the department foreign fire insurance board. As used in this subsection, "active member" means a member of the municipality's fire department who is not receiving a disability pension from the municipality's pension fund and who is not retired from the municipality's fire department. Of the trustees first elected, 3 trustees shall have a term of 2 years and 3 trustees shall have a term of 3 years, as determined by lot at the board's first meeting. After the initial election, a trustee shall be elected for a term of 3 years. If a member of the board resigns, is removed, or is unable to continue serving on the board by operation of law, the remaining portion of the term shall be filled by appointment of a majority of the other members of the board for that unfilled term only.

The members of the board shall annually elect officers, including a chairman, treasurer, and secretary. The trustees of the board shall make all necessary rules and regulations with respect to the board and the management of the money appropriated to the board. The officers of the board shall develop and maintain a listing of those items that the board feels are appropriate expenditures under this subsection. The treasurer of the board shall give a sufficient bond to the municipality, and the cost of the bond shall be paid for out of the moneys in the board's fund. This bond shall be conditioned upon the faithful performance by the treasurer of his or her duties under any ordinance and the rules and regulations provided for in this subsection. The treasurer of the board shall receive the appropriated money and shall pay out the money upon the order of the board for the maintenance, use, and benefit of the department. As part of the annual municipal audit, these funds shall be audited to verify that the funds have been expended by that board only for the maintenance, use, and benefit of the department.

Within 30 days after receipt of any foreign fire insurance proceeds by the municipality, the municipality shall turn over the proceeds to the department foreign fire insurance board by depositing the proceeds into an account determined by the board. 50% of the foreign fire insurance proceeds shall be used for the maintenance, use, benefit, or enhancement of fire stations or training facilities used by the sworn members of the fire department. 25% of the foreign fire insurance proceeds shall be used for the maintenance, use, benefit, or enhancement of emergency response vehicles, tools, and equipment used by the sworn members of the fire department. 25% of the foreign fire insurance proceeds shall be used for the maintenance of the fire department and for the use and benefit of the sworn members of the fire department in a manner otherwise consistent with this Section.

(c) The provisions of this Section shall be the exclusive power of the State, pursuant to subsection (h) of Section 6 of Article VII of the Constitution.

(Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)

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