Sen. Martin A. Sandoval
Filed: 5/22/2018
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5197
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5197 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing 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. Foreign fire insurance boards. | ||||||
8 | (a) A department foreign fire insurance board shall be | ||||||
9 | created within the fire department of each municipality with | ||||||
10 | fewer than 500,000 inhabitants that has an organized fire | ||||||
11 | department. The board shall consist of 7 trustees; the fire | ||||||
12 | chief, who shall hold office by virtue of rank, and 6 members, | ||||||
13 | who shall be elected at large by the sworn members of the | ||||||
14 | department. If there is an insufficient number of candidates to | ||||||
15 | fill all these positions, the number of board members may be | ||||||
16 | reduced, but not to fewer than 3 trustees. All members of the |
| |||||||
| |||||||
1 | department shall be eligible to be elected as
officers of the | ||||||
2 | department foreign fire insurance board. The members of this | ||||||
3 | board shall annually elect officers. These officers
shall be a | ||||||
4 | chairman and a treasurer. The trustees of the department | ||||||
5 | foreign fire insurance board shall make all needful rules and
| ||||||
6 | regulations with respect to the department foreign fire | ||||||
7 | insurance board and
the management of the money to be | ||||||
8 | appropriated to the board. The officers of the department | ||||||
9 | foreign fire insurance board
shall develop and maintain a | ||||||
10 | listing of those items that the board feels are
appropriate
| ||||||
11 | expenditures under this Act. The treasurer of the department | ||||||
12 | foreign
fire insurance board shall give a sufficient bond to | ||||||
13 | the municipality
in which the fire department is organized. | ||||||
14 | This bond shall be approved by
the mayor or president, as the | ||||||
15 | case may be, conditioned upon the faithful
performance by the | ||||||
16 | treasurer of his or her duties under the ordinance and
the | ||||||
17 | rules and regulations provided for in this section. The | ||||||
18 | treasurer
of the department foreign fire insurance board shall | ||||||
19 | receive the
appropriated money and shall pay out the money upon | ||||||
20 | the
order of the department foreign fire insurance board for | ||||||
21 | the
maintenance, use, and benefit of the department.
As part of | ||||||
22 | the annual municipal audit, these funds shall be audited to | ||||||
23 | verify
that the funds have been expended by that board only for | ||||||
24 | the maintenance, use, and benefit of the
department.
| ||||||
25 | (b) A department foreign fire insurance board is created on | ||||||
26 | January 1, 2019 within the fire department of each municipality |
| |||||||
| |||||||
1 | with 500,000 or more inhabitants. The board shall consist of 7 | ||||||
2 | trustees: the fire commissioner, who shall hold office by | ||||||
3 | virtue of rank (or his or her designee), and 6 elected | ||||||
4 | trustees, who shall be elected at large by the sworn members of | ||||||
5 | the fire department. If there is an insufficient number of | ||||||
6 | candidates to fill all trustee positions, the number of board | ||||||
7 | members may be reduced, but not to fewer than 5 trustees. All | ||||||
8 | active members of the department are eligible to be elected as | ||||||
9 | trustees of the department foreign fire insurance board. As | ||||||
10 | used in this subsection, "active member" means a member of the | ||||||
11 | municipality's fire department who is not receiving a | ||||||
12 | disability pension from the municipality's pension fund and who | ||||||
13 | is not retired from the municipality's fire department. Of the | ||||||
14 | trustees first elected, 3 trustees shall have a term of 2 years | ||||||
15 | and 3 trustees shall have a term of 3 years, as determined by | ||||||
16 | lot at the board's first meeting. After the initial election, a | ||||||
17 | trustee shall be elected for a term of 3 years. If a member of | ||||||
18 | the board resigns, is removed, or is unable to continue serving | ||||||
19 | on the board by operation of law, the remaining portion of the | ||||||
20 | term shall be filled by appointment of a majority of the other | ||||||
21 | members of the board for that unfilled term only. | ||||||
22 | The members of the board shall annually elect officers, | ||||||
23 | including a chairman, treasurer, and secretary. The trustees of | ||||||
24 | the board shall make all necessary rules and regulations with | ||||||
25 | respect to the board and the management of the money | ||||||
26 | appropriated to the board. The officers of the board shall |
| |||||||
| |||||||
1 | develop and maintain a listing of those items that the board | ||||||
2 | feels are appropriate expenditures under this subsection. The | ||||||
3 | treasurer of the board shall give a sufficient bond to the | ||||||
4 | municipality, and the cost of the bond shall be paid for out of | ||||||
5 | the moneys in the board's fund. This bond shall be conditioned | ||||||
6 | upon the faithful performance by the treasurer of his or her | ||||||
7 | duties under any ordinance and the rules and regulations | ||||||
8 | provided for in this subsection. The treasurer of the board | ||||||
9 | shall receive the appropriated money and shall pay out the | ||||||
10 | money upon the order of the board for the maintenance, use, and | ||||||
11 | benefit of the department. As part of the annual municipal | ||||||
12 | audit, these funds shall be audited to verify that the funds | ||||||
13 | have been expended by that board only for the maintenance, use, | ||||||
14 | and benefit of the department. | ||||||
15 | Within 30 days after receipt of any foreign fire insurance | ||||||
16 | proceeds by the municipality, the municipality shall turn over | ||||||
17 | the proceeds to the department foreign fire insurance board by | ||||||
18 | depositing the proceeds into an account determined by the | ||||||
19 | board. 50% of the foreign fire insurance proceeds shall be used | ||||||
20 | for the maintenance, use, benefit, or enhancement of fire | ||||||
21 | stations or training facilities used by the sworn members of | ||||||
22 | the fire department. 25% of the foreign fire insurance proceeds | ||||||
23 | shall be used for the maintenance, use, benefit, or enhancement | ||||||
24 | of emergency response vehicles, tools, and equipment used by | ||||||
25 | the sworn members of the fire department. 25% of the foreign | ||||||
26 | fire insurance proceeds shall be used for the maintenance of |
| |||||||
| |||||||
1 | the fire department and for the use and benefit of the sworn | ||||||
2 | members of the fire department in a manner otherwise consistent | ||||||
3 | with this Section. | ||||||
4 | (c) The provisions of this Section shall be the exclusive | ||||||
5 | power of the
State, pursuant to subsection (h) of Section 6 of | ||||||
6 | Article VII of the
Constitution.
| ||||||
7 | (Source: P.A. 95-807, eff. 8-12-08; 96-505, eff. 8-14-09.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|