Bill Text: IL HB5816 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Fire Protection District Act. Provides that a trustee who is appointed by the presiding officer of a county board to the board of trustees of a multi-township or multi-municipality fire protection district located wholly within a county with a population of less than 3,000,000 may be removed from office by the presiding officer with the affirmative vote of three-fifths of the members of the county board if: (1) the trustee is notified of the proposed removal action by registered United States mail, with return receipt requested; (2) the trustee has had an opportunity to be heard before the county board publicly, in person or by counsel, upon not less than 10 days' notice; and (3) the notification includes an explanation of the proposal to remove the trustee, including a copy of any written charges against the trustee. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2026-09-24 - Filed with the Clerk by Rep. John M. Cabello [HB5816 Detail]

Download: Illinois-2025-HB5816-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5816 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
70 ILCS 705/4 from Ch. 127 1/2, par. 24
Amends the Fire Protection District Act. Provides that a trustee who is appointed by the presiding officer of a county board to the board of trustees of a multi-township or multi-municipality fire protection district located wholly within a county with a population of less than 3,000,000 may be removed from office by the presiding officer with the affirmative vote of three-fifths of the members of the county board if: (1) the trustee is notified of the proposed removal action by registered United States mail, with return receipt requested; (2) the trustee has had an opportunity to be heard before the county board publicly, in person or by counsel, upon not less than 10 days' notice; and (3) the notification includes an explanation of the proposal to remove the trustee, including a copy of any written charges against the trustee. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Protection District Act is amended by
changing Section 4 as follows:
(70 ILCS 705/4) (from Ch. 127 1/2, par. 24)
Sec. 4. Trustees; conflict of interest; violations.
(a) A board of trustees consisting of 3 members for the
government and control of the affairs and business of a fire
protection district incorporated under this Act shall be
created in the following manner:
(1) If the district lies wholly within a single
township but does not also lie wholly within a
municipality, the board of trustees of that township shall
appoint the trustees for the district but no township
official who is eligible to vote on the appointment shall
be eligible for such appointment.
(2) If the district is wholly contained within a
municipality, the governing body of the municipality shall
appoint the trustees for the district.
(3) If the district is wholly contained within a
single county but does not lie wholly within a single
township or a single municipality, the trustees for the

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district shall be appointed by the presiding officer of
the county board with the advice and consent of the county
board; except that in counties with a population in excess
of 3,000,000, 2 trustees for the district shall be
appointed by the board of trustees of the township that
has the greatest population within the district as
determined by the last preceding federal census. That
board of trustees shall also appoint the remaining trustee
if no other township comprises at least 10% of the
population of the district. If only one other township
comprises at least 10% of the population of the district,
then the board of trustees of that district shall appoint
the remaining trustee. If 2 or more other townships each
comprise at least 10% of the population of the district,
then the boards of trustees of those townships shall
jointly appoint the remaining trustee. No township
official who is eligible to vote on the appointment shall
be eligible for the appointment.
(4) If the district is located in more than one
county, the number of trustees who are residents of a
county shall be in proportion, as nearly as practicable,
to the number of residents of the district who reside in
that county in relation to the total population of the
district.
(A) In counties with a population of 3,000,000 or
more, the trustees shall be appointed as provided in

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paragraphs (1), (2), and (3) of subsection (a) of this
Section. For purposes of this item (A) and in item (B),
"district" means that portion of the total fire
protection district lying within a county with a
population in excess of 3,000,000.
(B) In counties with a population of less than
3,000,000, the trustees for the district shall be
appointed by the presiding officer of the county board
with the advice and consent of the county board.
Upon the expiration of the term of a trustee who is in
office on October 1, 1975, the successor shall be a resident of
whichever county is entitled to such representation in order
to bring about the proportional representation required
herein, and he shall be appointed by the county board of that
county, or in the case of a home rule county as defined by
Article VII, Section 6 of the Constitution of 1970, the chief
executive officer of that county, with the advice and consent
of the county board.
Thereafter, each trustee shall be succeeded by a resident
of the same county who shall be appointed by the same
appointing authority; however, the provisions of the preceding
paragraph shall apply to the appointment of the successor to
each trustee who is in office at the time of the publication of
each decennial Federal census of population.
Within 60 days after the adoption of this Act as provided
in Section 1, or within 60 days after the adoption of an

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ordinance pursuant to subsection (c) of Section 4.01, the
appropriate appointing authority shall appoint 3 trustees who
are electors in the district, not more than one of whom shall
be from any one city or village or incorporated town in a
district unless such city or village or incorporated town has
more than 50% of the population in the district according to
last preceding Federal census. Such trustees shall hold their
offices thenceforward and for one, 2 and 3 years from the first
Monday of May next after their appointment and until their
successors have been selected and qualified and thereafter,
unless the district has determined to elect trustees as
provided in Section 4a, on or before the second Monday in April
of each year the appointing authority shall appoint one
trustee whose term shall be for 3 years commencing on the first
Monday in May next after they are respectively appointed. The
length of term of the first trustees shall be determined by lot
at their first meeting.
Each trustee shall, before entering on the duties of his
office, enter into bond with security to be approved by the
appointing authority in such sum as the authority may
determine.
A majority of the board of trustees shall constitute a
quorum, but a smaller number may adjourn from day to day. No
trustee or employee of such district shall be directly or
indirectly interested financially in any contract work or
business or the sale of any article, the expense, price or

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consideration of which is paid by the district; nor in the
purchase of any real estate or other property, belonging to
the district, or which shall be sold for taxes or assessments
or by virtue of legal process at the suit of the district.
Nothing in this Section prohibits the appointment or selection
of any person or trustee or employee whose only interest in the
district is as an owner of real estate in such fire protection
district or of contributing to the payment of taxes levied by
the district. The trustees shall have the power to provide and
adopt a corporate seal for the district.
(b) However, any trustee may provide materials,
merchandise, property, services or labor, if:
A. the contract is with a person, firm, partnership,
association, corporation or cooperative association in
which such interested trustee has less than a 7 1/2% share
in the ownership; and
B. such interested trustee publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and
C. such interested trustee abstains from voting on the
award of the contract, though he shall be considered
present for the purposes of establishing a quorum; and
D. such contract is approved by a majority vote of
those trustees presently holding office; and
E. the contract is awarded after sealed bids to the

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lowest responsible bidder if the amount of the contract
exceeds $1500, but the contract may be awarded without
bidding if the amount is less than $1500; and
F. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $25,000.
(c) In addition to the above exemption, any trustee or
employee may provide materials, merchandise, property,
services or labor if:
A. the award of the contract is approved by a majority
vote of the board of trustees of the fire protection
district provided that any such interested member shall
abstain from voting; and
B. the amount of the contract does not exceed $1000;
and
C. the award of the contract would not cause the
aggregate amount of all such contracts so awarded to the
same person, firm, association, partnership, corporation,
or cooperative association in the same fiscal year to
exceed $2000; and
D. such interested member publicly discloses the
nature and extent of his interest prior to or during
deliberations concerning the proposed award of the
contract; and

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E. such interested member abstains from voting on the
award of the contract, though he shall be considered
present for the purposes of establishing a quorum.
(d) A contract for the procurement of public utility
services by a district with a public utility company is not
barred by this Section by one or more members of the board of
trustees being an officer or employee of the public utility
company or holding an ownership interest if no more than 7 1/2%
in the public utility company, or holding an ownership
interest of any size if the fire protection district has a
population of less than 7,500 and the public utility's rates
are approved by the Illinois Commerce Commission. An elected
or appointed member of the board of trustees having such an
interest shall be deemed not to have a prohibited interest
under this Section.
(e) Any officer or employee who violates this Section is
guilty of a Class 4 felony and in addition thereto any office
held by such person so convicted shall become vacant and shall
be so declared as part of the judgment of the court.
(f) Nothing contained in this Section, including the
restrictions set forth in subsections (b), (c) and (d), shall
preclude a contract of deposit of monies, loans or other
financial services by a fire protection district with a local
bank or local savings and loan association, regardless of
whether a member or members of the board of trustees of the
fire protection district are interested in such bank or

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savings and loan association as an officer or employee or as a
holder of less than 7 1/2% of the total ownership interest. A
member or members holding such an interest in such a contract
shall not be deemed to be holding a prohibited interest for
purposes of this Act. Such interested member or members of the
board of trustees must publicly state the nature and extent of
their interest during deliberations concerning the proposed
award of such a contract, but shall not participate in any
further deliberations concerning the proposed award. Such
interested member or members shall not vote on such a proposed
award. Any member or members abstaining from participation in
deliberations and voting under this Section may be considered
present for purposes of establishing a quorum. Award of such a
contract shall require approval by a majority vote of those
members presently holding office. Consideration and award of
any such contract in which a member or members are interested
may only be made at a regularly scheduled public meeting of the
board of trustees of the fire protection district.
(g) Beginning on the effective date of this amendatory Act
of 1990 and ending 3 years after the effective date of this
amendatory Act of 1990, in the case of a fire protection
district board of trustees in a county with a population of
more than 400,000 but less than 450,000, according to the 1980
general census, created under subsection (a), paragraph (3) of
this Section a petition for the redress of a trustee, charging
the trustee with palpable omission of duty or nonfeasance in

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office, signed by not less than 5% of the electors of the
district may be presented to the township supervisor or the
presiding officer of the county board, as appropriate. Upon
receipt of the petition, the township supervisor or presiding
officer of the county board, as appropriate, shall preside
over a hearing on the matter of the requested redress. The
hearing shall be held not less than 14 nor more than 30 days
after receipt of the petition. In the case of a fire protection
district trustee appointed by the presiding officer of the
county board, the presiding officer shall appoint at least 4
but not more than 8 members of the county board, a majority of
whom shall reside in a county board district in which the fire
protection district is wholly or partially located, to serve
as the hearing panel. In the case of a fire protection district
trustee appointed by the board of town trustees, the township
supervisor and 2 other town trustees appointed by the
supervisor shall serve as the hearing panel. Within 30 days
after the hearing, the panel shall issue a statement of its
findings concerning the charges against the trustee, based
upon the evidence presented at the hearing, and may make to the
fire protection district any recommendations deemed
appropriate.
(g-5) A trustee who is appointed under paragraph (3) of
subsection (a) by the presiding officer of a county board for a
county with a population of less than 3,000,000 may be removed
from office by the presiding officer with the affirmative vote

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of three-fifths of the members of the county board if:
(1) the trustee is notified of the proposed removal
action by registered United States mail, with return
receipt requested;
(2) the trustee has had an opportunity to be heard
before the county board publicly, in person or by counsel,
upon not less than 10 days' notice; and
(3) the notification provided under paragraph (1)
includes an explanation of the proposal to remove the
trustee, including a copy of any written charges against
the trustee.
(h) Any elected or appointed trustee of a fire protection
district shall be entitled to absent himself or herself from
any services or employment in which the trustee is then
engaged or employed on the day and time of a meeting of the
board of trustees of the fire protection district for the
period of time during which the meeting is held and during any
necessary time required to travel to and from the meeting. Any
trustee availing himself or herself of this provision shall
not be penalized in any manner by his or her employer as a
result of an absence authorized by this subsection; however,
the employer shall not be required to compensate the trustee
for the time during which the trustee is absent. No employer
shall refuse to grant to a trustee of a fire protection
district the privilege granted by this subsection, nor shall
any employer penalize or otherwise discriminate against any

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trustee who avails himself or herself of the provisions of
this subsection, except as otherwise provided herein. No
employer may directly or indirectly violate the provisions of
this subsection. A "meeting" for purposes of this subsection
shall have the same meaning as that provided under Section
1.02 of the Open Meetings Act.
(i) Under either of the following circumstances, a trustee
may hold a position on the board of a not-for-profit
corporation that is interested in a contract, work, or
business of the fire protection district:
(1) If the trustee is appointed by the governing body
of the fire protection district to represent the interests
of the district on a not-for-profit corporation's board,
then the trustee may actively vote on matters involving
either that board or the fire protection district, at any
time, so long as the membership on the not-for-profit
board is not a paid position, except that the trustee may
be reimbursed by the not-for-profit board for expenses
incurred as the result of membership on the not-for-profit
board.
(2) If the trustee is not appointed to the board of a
not-for-profit corporation by the governing body of the
fire protection district, then the trustee may continue to
serve; however, the trustee shall abstain from voting on
any proposition before the governing body of the fire
protection district directly involving the not-for-profit

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corporation and, for those matters, shall not be counted
as present for the purposes of a quorum of the governing
body of the fire protection district.
(Source: P.A. 95-866, eff. 1-1-09; 96-1039, eff. 7-14-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.