Full Text of HB5017 093rd General Assembly
HB5017enr 93RD GENERAL ASSEMBLY
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LRB093 18662 MKM 44389 b |
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| AN ACT concerning fire protection districts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 3. The Department of State Police Law of the Civil | 5 |
| Administrative Code of Illinois is amended by changing Section | 6 |
| 2605-330 as follows:
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| (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
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| Sec. 2605-330. Firefighter applicant criminal history | 9 |
| records checks
background investigations . Upon
the request of | 10 |
| the chief of a volunteer fire department or the board of | 11 |
| trustees of a fire protection district , the Department shall
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| conduct fingerprint-based criminal history records checks of | 13 |
| both State and Federal Bureau of Investigation criminal history | 14 |
| record databases concerning
criminal background investigations | 15 |
| of prospective firefighters and
report to the requesting chief | 16 |
| or the board of trustees of a fire protection district any | 17 |
| conviction information
any record of convictions maintained in | 18 |
| the
Department's files about those persons. The Department may | 19 |
| charge the requesting chief or board of trustees a fee for | 20 |
| conducting the criminal history records check. The fee shall be | 21 |
| deposited into the State Police Services Fund and shall not | 22 |
| exceed the cost of the inquiry
a fee, based
on actual costs, | 23 |
| for the dissemination of conviction information under this
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| Section . The Department may prescribe the form and manner
for | 25 |
| requesting and furnishing conviction information under this | 26 |
| Section.
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| (Source: P.A. 91-371, eff. 1-1-00; 92-16, eff. 6-28-01.)
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| Section 5. The Fire Protection District Act is amended by | 29 |
| changing Section 4a and by adding Section 16.08b as follows:
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| (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
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| Sec. 4a. Change to elected board of trustees; petition; | 2 |
| election; ballot; nomination and election of trustees.
Any fire | 3 |
| protection district organized under this Act may
determine, in | 4 |
| either manner provided in the following items (1) and (2) of | 5 |
| this
Section, to have an elected, rather than an appointed, | 6 |
| board of trustees.
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| (1) If the district lies wholly within a single | 8 |
| township but does not
also lie wholly within a | 9 |
| municipality, the township board of trustees
may | 10 |
| determine, by ordinance, to have an elected board of | 11 |
| trustees.
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| (2) Upon presentation to the board of trustees of a | 13 |
| petition, signed
by not less than 10% of the electors of | 14 |
| the district, requesting that a
proposition for the | 15 |
| election of trustees be submitted to the electors of the
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| district, the secretary of the board of trustees shall | 17 |
| certify the proposition
to the appropriate election | 18 |
| authorities who shall submit the proposition at
a regular | 19 |
| election in accordance with the general election law.
The | 20 |
| general election law shall apply to and govern such | 21 |
| election. The
proposition shall be in substantially the | 22 |
| following form:
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| -------------------------------------------------------------
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| Shall the trustees of...... YES
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| Fire Protection District be -------------------------
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| elected, rather than appointed? NO
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| -------------------------------------------------------------
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| If a majority of the votes cast on such proposition are | 29 |
| in the affirmative,
the trustees of the district shall | 30 |
| thereafter be elected as provided by this
Section.
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| At the next regular election for trustees as provided by | 32 |
| the general election
law, a district that has approved by | 33 |
| ordinance or referendum to have its
trustees elected rather | 34 |
| than appointed shall elect 3, 5, or 7 trustees, as
previously | 35 |
| determined by the organization of the district or as increased | 36 |
| under
Section 4.01 or 4.02. The initial elected trustees shall |
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| be elected for 2, 4,
and 6 year terms. In a district with 3 | 2 |
| trustees, one trustee shall be elected
for a term of 2 years, | 3 |
| one for a term of 4 years, and one for a term of 6
years. In a | 4 |
| district with 5 trustees, 2 shall be elected for terms of 2
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| years, 2 for terms of 4 years, and one for a term of 6 years. In | 6 |
| a district
with 7 trustees, 3 shall be elected for terms of 2 | 7 |
| years, 2 for terms of 4
years, and 2 for terms of 6 years. | 8 |
| Except as otherwise provided in Section
2A-54 of the Election | 9 |
| Code, the term of each elected trustee shall
commence on the | 10 |
| first Monday of the month following the month of his election
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| and until his successor is elected and qualified. The length of | 12 |
| the terms of
the trustees first elected shall be determined by | 13 |
| lot at their first meeting.
Except as otherwise provided in | 14 |
| Section 2A-54 of the Election Code,
thereafter, each trustee | 15 |
| shall be elected to serve for a term of 6 years
commencing on | 16 |
| the first Monday of the month following the month of his | 17 |
| election
and until his successor is elected and qualified.
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| No party designation shall appear on the ballot for | 19 |
| election of trustees.
The provisions of the general election | 20 |
| law shall apply to and govern
the nomination and election of | 21 |
| trustees.
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| Nominations for members of the board of trustees shall be | 23 |
| made by a petition signed by at least 25 voters or 5% of the | 24 |
| voters, whichever is less, residing within the district and | 25 |
| shall be filed with the secretary of the board. In addition to | 26 |
| the requirements of general election law, the form of the | 27 |
| petition shall be as follows: | 28 |
| NOMINATING PETITIONS
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| To the Secretary of the Board of Trustees of (name of fire | 30 |
| protection district): | 31 |
| We, the undersigned, being (number of signatories or 5% or | 32 |
| more) of the voters residing within the district, hereby | 33 |
| petition that (name of candidate) who resides at (address of | 34 |
| candidate) in this district shall be a candidate for the office | 35 |
| of (office) of the Board of Trustees (full-term or vacancy) to | 36 |
| be voted for at the election to be held (date of election). |
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| The secretary of the board shall notify each candidate for | 2 |
| whom a petition for nomination has been filed of their | 3 |
| obligations under the Campaign Financing Act, as required by | 4 |
| the general election law. The notice shall be given on a form | 5 |
| prescribed by the State Board of Elections and in accordance | 6 |
| with the requirements of the general election law.
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| The secretary shall, within 7 days of filing or on the
last | 8 |
| day for filing, whichever is earlier, acknowledge to the | 9 |
| petitioner
in writing his acceptance of the petition.
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| The provisions of Section 4 relating to eligibility, powers | 11 |
| and disabilities
of trustees shall apply equally to elected | 12 |
| trustees.
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| Whenever a fire protection district determines to elect | 14 |
| trustees as provided
in this Section, the trustees appointed | 15 |
| pursuant to Section 4 shall continue
to constitute the board of | 16 |
| trustees until the first Monday of the month
following the | 17 |
| month of the first election of trustees.
If the term of office | 18 |
| of any appointed trustees expires before the first
election of | 19 |
| trustees, the authority which appointed that trustee under | 20 |
| Section
4 of this Act shall appoint a successor to serve until | 21 |
| a successor is
elected and has qualified. The terms of all | 22 |
| appointed trustees in such
district shall expire on the first | 23 |
| Monday of the month following the
month of the first election | 24 |
| of trustees under this Section or when
successors have been | 25 |
| elected and have qualified, whichever occurs later.
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| (Source: P.A. 90-358, eff. 1-1-98 .)
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| (70 ILCS 705/16.08b new) | 28 |
| Sec. 16.08b. Emergency medical technician licensure. The | 29 |
| board of trustees of a fire protection district may require | 30 |
| that all firefighters hired on or after the effective date of | 31 |
| this amendatory Act of the 93rd General Assembly by any fire | 32 |
| department within the district must be licensed as an EMT-B, | 33 |
| EMT-I, or EMT-P under the Emergency Medical Services (EMS) | 34 |
| Systems Act.
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