Bill Text: IL HB5197 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Municipal Code. Provides that a department foreign fire insurance board shall be created within the fire department of all municipalities (rather than municipalities with fewer than 500,000 inhabitants) that have an organized fire department. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 34-6)

Status: (Enrolled) 2018-05-31 - Passed Both Houses [HB5197 Detail]

Download: Illinois-2017-HB5197-Enrolled.html



HB5197 EnrolledLRB100 19037 AWJ 34291 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17officers of the department foreign fire insurance board. The
18members of this board shall annually elect officers. These
19officers shall be a chairman and a treasurer. The trustees of
20the department foreign fire insurance board shall make all
21needful rules and regulations with respect to the department
22foreign fire insurance board and the management of the money to
23be appropriated to the board. The officers of the department

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1foreign fire insurance board shall develop and maintain a
2listing of those items that the board feels are appropriate
3expenditures under this Act. The treasurer of the department
4foreign fire insurance board shall give a sufficient bond to
5the municipality in which the fire department is organized.
6This bond shall be approved by the mayor or president, as the
7case may be, conditioned upon the faithful performance by the
8treasurer of his or her duties under the ordinance and the
9rules and regulations provided for in this section. The
10treasurer of the department foreign fire insurance board shall
11receive the appropriated money and shall pay out the money upon
12the order of the department foreign fire insurance board for
13the maintenance, use, and benefit of the department. As part of
14the annual municipal audit, these funds shall be audited to
15verify that the funds have been expended by that board only for
16the maintenance, use, and benefit of the department.
17 (b) As used in this subsection, "active member" means a
18member of the Chicago Fire Department who is not receiving a
19disability pension, retired, or a deferred pensioner of the
20Firemen's Annuity and Benefit Fund of Chicago.
21 A department foreign fire insurance board is created within
22the Chicago Fire Department. The board shall consist of 7
23trustees who shall be initially elected on or before January 1,
242019: the fire commissioner, who shall hold office by virtue of
25rank, and 6 elected trustees, who shall be elected at large by
26the sworn members of the department. If there is an

HB5197 Enrolled- 3 -LRB100 19037 AWJ 34291 b
1insufficient number of candidates seeking election to each
2vacant trustee position, the number of board members is reduced
3to 5 trustees, including the fire commissioner of the
4department, until the next election cycle when there are enough
5active members seeking election to fill all 7 member seats. All
6active members are eligible to be elected as trustees of the
7department foreign fire insurance board. Of the trustees first
8elected, 3 trustees shall be elected to a 2-year term and 3
9trustees shall be elected to a 3-year term. After the initial
10election, a trustee shall be elected for a term of 3 years. If
11a member of the board resigns, is removed, or is unable to
12continue serving on the board, the vacancy shall be filled by
13special election of the active members or, in the case of a
14vacancy that will exist for fewer than 180 days until the term
15expires, by appointment by majority vote of the members of the
16board.
17 The members of the board shall annually elect officers.
18These officers shall be a chairman, treasurer, and secretary.
19The trustees of the board shall make rules and regulations with
20respect to the board and the management of the money
21appropriated to the board. The officers of the board shall
22develop and maintain a listing of those items that the board
23believes are appropriate expenditures under this subsection.
24The treasurer of the board shall give a sufficient bond to the
25City of Chicago. The cost of the bond shall be paid out of the
26moneys in the board's fund. The bond shall be conditioned upon

HB5197 Enrolled- 4 -LRB100 19037 AWJ 34291 b
1the faithful performance by the treasurer of his or her duties
2under the rules and regulations provided for in this
3subsection. The treasurer of the board shall receive the
4appropriated proceeds and shall disburse the proceeds upon the
5order of the board for the maintenance, use, and benefit of the
6department consistent with this subsection. As part of the
7annual municipal audit, these funds shall be audited to verify
8that the funds have been expended lawfully by the board
9consistent with this subsection.
10 Within 30 days after receipt of any foreign fire insurance
11proceeds by the City of Chicago, the City of Chicago shall
12transfer the proceeds to the board by depositing the proceeds
13into an account determined by the board, except that if the
14effective date of this amendatory Act of the 100th General
15Assembly is after July 31, 2018, then the City of Chicago
16shall, for budget year 2019 only, transfer only 50% of the
17proceeds to the board. Notwithstanding any other provision of
18law: 50% of the foreign fire insurance proceeds received by the
19board shall be used for the maintenance, use, benefit, or
20enhancement of fire stations or training facilities used by the
21active members of the fire department; 25% of the foreign fire
22insurance proceeds received by the board shall be used for the
23maintenance, use, benefit, or enhancement of emergency
24response vehicles, tools, and equipment used by the active
25members of the department; and 25% of the foreign fire
26insurance proceeds received by the board shall be used for the

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1maintenance and enhancement of the department and for the use
2and benefit of the active members of the department in a manner
3otherwise consistent with this subsection. Foreign fire
4insurance proceeds may not be used to purchase, maintain, or
5enhance personal property of a member of the department, except
6for personal property used in the performance of his or her
7duties or training activities.
8 (c) The provisions of this Section shall be the exclusive
9power of the State, pursuant to subsection (h) of Section 6 of
10Article VII of the Constitution.
11(Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)
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