State of Illinois
91st General Assembly
Legislation

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91_SB0168ccr001

 
 1                        91ST GENERAL ASSEMBLY
 2                  FIRST CONFERENCE COMMITTEE REPORT
 3                         ON SENATE BILL 168
 4        To the President of the Senate and  the  Speaker  of  the
 5    House of Representatives:
 6        We,  the  conference  committee appointed to consider the
 7    differences between the houses in relation to House Amendment
 8    No. 1 to Senate Bill 168, recommend the following:
 9        (1)  that the House recede from House  Amendment  No.  1;
10    and
11        (2)  that  Senate  Bill  168  be amended by replacing the
12    title with the following:
13        "AN ACT in relation to fire protection districts."; and
14    by replacing everything after the enacting  clause  with  the
15    following:

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

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

17        (70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
18        Sec.  16.04a.   The  board  of  fire  commissioners shall
19    appoint all officers and members of the fire  departments  of
20    the  district,  except the Chief of the fire department.  The
21    board of  trustees  shall  appoint  the  Chief  of  the  fire
22    department, who shall serve at the pleasure of the board, and
23    may  enter  into  a multi-year contract not exceeding 3 years
24    with the Chief.  The Chief of the fire  department  shall  be
25    appointed by the trustees.
26        If  a  member of the department is appointed Chief of the
27    fire department prior to being eligible to retire on  pension
28    he  shall  be considered as on furlough from the rank he held
29    immediately prior to his appointment as Chief.  If he resigns
30    as Chief  or  is  discharged  as  Chief  prior  to  attaining
31    eligibility  to  retire on pension, he shall revert to and be
32    established in such prior rank, and thereafter be entitled to
33    all the benefits and emoluments of such prior  rank,  without
34    regard  as  to whether a vacancy then exists in such rank. In
35    such instances, the Chief shall be deemed to  have  continued
36    to  accrue  seniority  in the department during his period of
37    service as Chief, or time in grade  in  his  former  rank  to
38    which  he shall revert during his period of service as Chief,
39    except solely for purposes  of  any  layoff  as  provided  in
40    Section 16.13b hereafter.
41        All  appointments  to  each department other than that of
42    the lowest rank, however, shall be from the rank  next  below
43    that  to which the appointment is made, except that the Chief
44    of the fire department may be appointed from among members of
45    the fire department, regardless of rank.
46        The sole authority to issue certificates  of  appointment
47    shall  be  vested  in the board of fire commissioners and all
48    certificates of appointments issued to any officer or  member
49    of  the  fire  department shall be signed by the chairman and
50    secretary respectively of the  board  of  fire  commissioners
51    upon  appointment  of  such  officer  or  member  of the fire
52    department by action of the board of fire commissioners.
53    (Source: P.A. 86-562.)".
54        Submitted on April 15, 2000.
55    s/Sen. Kirk Dillard                      s/Rep. Ralph Capparelli       
56      Sen. Steve Rauschenberger              s/Rep. Gary Hannig            
57      Sen. Dick Klemm                        s/Rep. Calvin Giles           
58      Sen. Lawrence Walsh                    s/Rep. Art Tenhouse           
59      Sen. William Shaw                      s/Rep. Kathleen L. Wojcik     
60      Committee for the Senate               Committee for the House

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