HB1342 94TH GENERAL ASSEMBLY

LRB094 07104 AJO 37249 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1342

Introduced 02/09/05, by Rep. Timothy L. Schmitz - Lou Lang

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-10-2	from Ch. 24, par. 11-10-2
70 ILCS 705/11h new
30 ILCS 805/8.29 new

Amends the Illinois Municipal Code. Provides that a fire department foreign fire insurance board shall have 7 trustees, including the fire chief and 6 members of the fire department (now, the Board is established by ordinances of the corporate authorities). Provides for an annual election of board officers. Provides that the annual municipal audit shall include funds appropriated to the board and shall determine whether the funds have been expended only by the board. Amends the Fire Protection District Act. Provides that in each fire protection district that has an organized fire department there shall be a foreign fire insurance board. Provides that the board shall have 7 trustees, including the fire chief and 6 members of the fire department. Provides that officers shall be elected annually. Authorizes the board to make rules. Provides that the treasurer must give a bond to the board. Provides that the board shall develop and maintain a list of items that are appropriate expenditures. Provides that the annual fire protection district audit shall include funds appropriated to the board and shall determine whether the funds have been expended only by the board. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 department foreign fire insurance board shall be created within the fire department of each municipality with fewer The corporate authorities of any municipality containing less than 250,000 inhabitants that which 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 shall pass an ordinance providing for the election of officers of the department foreign fire insurance board by the members of the department. 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 include a treasurer. The trustees of the department foreign fire insurance board , and they 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. All of the money paid to the municipal treasurer as provided in Section 11-10-1 shall be set apart and shall be appropriated annually by the corporate authorities to the department foreign fire insurance board. 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 properly appropriated to and held by the department foreign fire insurance board and have been expended by that board only these purchases are for the maintenance, use, and benefit of the department.

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. 89-63, eff. 6-30-95.)

Section 10. The Fire Protection District Act is amended by adding Section 11h as follows:

(70 ILCS 705/11h new)

Sec. 11h. Department foreign fire insurance board.

(a) A department foreign fire insurance board shall exist within the fire department of each fire protection district that has an organized fire department.

(b) 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 are 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 sworn members of the department shall be eligible to vote for and be elected as officers of the board.

(c) The members of the board shall annually elect officers. These officers shall be a chairman and a treasurer.

(d) The trustees of the board shall make rules with respect to the board and the management of the money to be appropriated to the board.

(e) The treasurer of the board shall give a sufficient bond to the board of trustees of the fire protection district, conditioned upon the faithful performance by the treasurer of his or her duties under this Section. This bond must be approved by the board of trustees of the fire protection district.

(f) 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 Section. The officers shall make rules concerning the board and the management of the money appropriated to the board.

(g) All of the money paid to the secretary of the fire protection district under Section 11-10-1 of the Illinois Municipal Code (65 ILCS 5/11-10-1) shall be set apart and shall be appropriated annually by the board of trustees of the fire protection district to the department foreign fire insurance board.

(h) 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 board for the maintenance, use, and benefit of the department. As part of the fire protection district's annual audit, these funds shall be audited to verify that the funds have been properly appropriated to and held by the board and have been expended by the board only for the maintenance, use, and benefit of the department.

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.