Bill Text: IL HB5197 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2018-07-31 - Public Act . . . . . . . . . 100-0656 [HB5197 Detail]
Download: Illinois-2017-HB5197-Enrolled.html
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: (Passed) 2018-07-31 - Public Act . . . . . . . . . 100-0656 [HB5197 Detail]
Download: Illinois-2017-HB5197-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 11-10-2 as follows:
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6 | (65 ILCS 5/11-10-2) (from Ch. 24, par. 11-10-2)
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7 | Sec. 11-10-2. (a) A department foreign fire insurance board | ||||||
8 | shall be created within the fire department of each | ||||||
9 | municipality with fewer than 500,000 inhabitants that has an | ||||||
10 | organized fire department. The board shall consist of 7 | ||||||
11 | trustees; the fire chief, who shall hold office by virtue of | ||||||
12 | rank, and 6 members, who shall be elected at large by the sworn | ||||||
13 | members of the department. If there is an insufficient number | ||||||
14 | of candidates to fill all these positions, the number of board | ||||||
15 | members may be reduced, but not to fewer than 3 trustees. All | ||||||
16 | members of the department shall be eligible to be elected as
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17 | officers of the department foreign fire insurance board. The | ||||||
18 | members of this board shall annually elect officers. These | ||||||
19 | officers
shall be a chairman and a treasurer. The trustees of | ||||||
20 | the department foreign fire insurance board shall make all | ||||||
21 | needful rules and
regulations with respect to the department | ||||||
22 | foreign fire insurance board and
the management of the money to | ||||||
23 | be appropriated to the board. The officers of the department |
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1 | foreign fire insurance board
shall develop and maintain a | ||||||
2 | listing of those items that the board feels are
appropriate
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3 | expenditures under this Act. The treasurer of the department | ||||||
4 | foreign
fire insurance board shall give a sufficient bond to | ||||||
5 | the municipality
in which the fire department is organized. | ||||||
6 | This bond shall be approved by
the mayor or president, as the | ||||||
7 | case may be, conditioned upon the faithful
performance by the | ||||||
8 | treasurer of his or her duties under the ordinance and
the | ||||||
9 | rules and regulations provided for in this section. The | ||||||
10 | treasurer
of the department foreign fire insurance board shall | ||||||
11 | receive the
appropriated money and shall pay out the money upon | ||||||
12 | the
order of the department foreign fire insurance board for | ||||||
13 | the
maintenance, use, and benefit of the department.
As part of | ||||||
14 | the annual municipal audit, these funds shall be audited to | ||||||
15 | verify
that the funds have been expended by that board only for | ||||||
16 | the maintenance, use, and benefit of the
department.
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17 | (b) As used in this subsection, "active member" means a | ||||||
18 | member of the Chicago Fire Department who is not receiving a | ||||||
19 | disability pension, retired, or a deferred pensioner of the | ||||||
20 | Firemen's Annuity and Benefit Fund of Chicago. | ||||||
21 | A department foreign fire insurance board is created within | ||||||
22 | the Chicago Fire Department. The board shall consist of 7 | ||||||
23 | trustees who shall be initially elected on or before January 1, | ||||||
24 | 2019: the fire commissioner, who shall hold office by virtue of | ||||||
25 | rank, and 6 elected trustees, who shall be elected at large by | ||||||
26 | the sworn members of the department. If there is an |
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1 | insufficient number of candidates seeking election to each | ||||||
2 | vacant trustee position, the number of board members is reduced | ||||||
3 | to 5 trustees, including the fire commissioner of the | ||||||
4 | department, until the next election cycle when there are enough | ||||||
5 | active members seeking election to fill all 7 member seats. All | ||||||
6 | active members are eligible to be elected as trustees of the | ||||||
7 | department foreign fire insurance board. Of the trustees first | ||||||
8 | elected, 3 trustees shall be elected to a 2-year term and 3 | ||||||
9 | trustees shall be elected to a 3-year term. After the initial | ||||||
10 | election, a trustee shall be elected for a term of 3 years. If | ||||||
11 | a member of the board resigns, is removed, or is unable to | ||||||
12 | continue serving on the board, the vacancy shall be filled by | ||||||
13 | special election of the active members or, in the case of a | ||||||
14 | vacancy that will exist for fewer than 180 days until the term | ||||||
15 | expires, by appointment by majority vote of the members of the | ||||||
16 | board. | ||||||
17 | The members of the board shall annually elect officers. | ||||||
18 | These officers shall be a chairman, treasurer, and secretary. | ||||||
19 | The trustees of the board shall make rules and regulations with | ||||||
20 | respect to the board and the management of the money | ||||||
21 | appropriated to the board. The officers of the board shall | ||||||
22 | develop and maintain a listing of those items that the board | ||||||
23 | believes are appropriate expenditures under this subsection. | ||||||
24 | The treasurer of the board shall give a sufficient bond to the | ||||||
25 | City of Chicago. The cost of the bond shall be paid out of the | ||||||
26 | moneys in the board's fund. The bond shall be conditioned upon |
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1 | the faithful performance by the treasurer of his or her duties | ||||||
2 | under the rules and regulations provided for in this | ||||||
3 | subsection. The treasurer of the board shall receive the | ||||||
4 | appropriated proceeds and shall disburse the proceeds upon the | ||||||
5 | order of the board for the maintenance, use, and benefit of the | ||||||
6 | department consistent with this subsection. As part of the | ||||||
7 | annual municipal audit, these funds shall be audited to verify | ||||||
8 | that the funds have been expended lawfully by the board | ||||||
9 | consistent with this subsection. | ||||||
10 | Within 30 days after receipt of any foreign fire insurance | ||||||
11 | proceeds by the City of Chicago, the City of Chicago shall | ||||||
12 | transfer the proceeds to the board by depositing the proceeds | ||||||
13 | into an account determined by the board, except that if the | ||||||
14 | effective date of this amendatory Act of the 100th General | ||||||
15 | Assembly is after July 31, 2018, then the City of Chicago | ||||||
16 | shall, for budget year 2019 only, transfer only 50% of the | ||||||
17 | proceeds to the board. Notwithstanding any other provision of | ||||||
18 | law: 50% of the foreign fire insurance proceeds received by the | ||||||
19 | board shall be used for the maintenance, use, benefit, or | ||||||
20 | enhancement of fire stations or training facilities used by the | ||||||
21 | active members of the fire department; 25% of the foreign fire | ||||||
22 | insurance proceeds received by the board shall be used for the | ||||||
23 | maintenance, use, benefit, or enhancement of emergency | ||||||
24 | response vehicles, tools, and equipment used by the active | ||||||
25 | members of the department; and 25% of the foreign fire | ||||||
26 | insurance proceeds received by the board shall be used for the |
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1 | maintenance and enhancement of the department and for the use | ||||||
2 | and benefit of the active members of the department in a manner | ||||||
3 | otherwise consistent with this subsection. Foreign fire | ||||||
4 | insurance proceeds may not be used to purchase, maintain, or | ||||||
5 | enhance personal property of a member of the department, except | ||||||
6 | for personal property used in the performance of his or her | ||||||
7 | duties or training activities. | ||||||
8 | (c) The provisions of this Section shall be the exclusive | ||||||
9 | power of the
State, pursuant to subsection (h) of Section 6 of | ||||||
10 | Article VII of the
Constitution.
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11 | (Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)
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