Public Act 100-0656
 
HB5197 EnrolledLRB100 19037 AWJ 34291 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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. (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) As used in this subsection, "active member" means a
member of the Chicago Fire Department who is not receiving a
disability pension, retired, or a deferred pensioner of the
Firemen's Annuity and Benefit Fund of Chicago.
    A department foreign fire insurance board is created within
the Chicago Fire Department. The board shall consist of 7
trustees who shall be initially elected on or before January 1,
2019: the fire commissioner, who shall hold office by virtue of
rank, and 6 elected trustees, who shall be elected at large by
the sworn members of the department. If there is an
insufficient number of candidates seeking election to each
vacant trustee position, the number of board members is reduced
to 5 trustees, including the fire commissioner of the
department, until the next election cycle when there are enough
active members seeking election to fill all 7 member seats. All
active members are eligible to be elected as trustees of the
department foreign fire insurance board. Of the trustees first
elected, 3 trustees shall be elected to a 2-year term and 3
trustees shall be elected to a 3-year term. 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, the vacancy shall be filled by
special election of the active members or, in the case of a
vacancy that will exist for fewer than 180 days until the term
expires, by appointment by majority vote of the members of the
board.
    The members of the board shall annually elect officers.
These officers shall be a chairman, treasurer, and secretary.
The trustees of the board shall make 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
believes are appropriate expenditures under this subsection.
The treasurer of the board shall give a sufficient bond to the
City of Chicago. The cost of the bond shall be paid out of the
moneys in the board's fund. The bond shall be conditioned upon
the faithful performance by the treasurer of his or her duties
under the rules and regulations provided for in this
subsection. The treasurer of the board shall receive the
appropriated proceeds and shall disburse the proceeds upon the
order of the board for the maintenance, use, and benefit of the
department consistent with this subsection. As part of the
annual municipal audit, these funds shall be audited to verify
that the funds have been expended lawfully by the board
consistent with this subsection.
    Within 30 days after receipt of any foreign fire insurance
proceeds by the City of Chicago, the City of Chicago shall
transfer the proceeds to the board by depositing the proceeds
into an account determined by the board, except that if the
effective date of this amendatory Act of the 100th General
Assembly is after July 31, 2018, then the City of Chicago
shall, for budget year 2019 only, transfer only 50% of the
proceeds to the board. Notwithstanding any other provision of
law: 50% of the foreign fire insurance proceeds received by the
board shall be used for the maintenance, use, benefit, or
enhancement of fire stations or training facilities used by the
active members of the fire department; 25% of the foreign fire
insurance proceeds received by the board shall be used for the
maintenance, use, benefit, or enhancement of emergency
response vehicles, tools, and equipment used by the active
members of the department; and 25% of the foreign fire
insurance proceeds received by the board shall be used for the
maintenance and enhancement of the department and for the use
and benefit of the active members of the department in a manner
otherwise consistent with this subsection. Foreign fire
insurance proceeds may not be used to purchase, maintain, or
enhance personal property of a member of the department, except
for personal property used in the performance of his or her
duties or training activities.
    (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.

Effective Date: 7/31/2018