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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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