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Public Act 093-0952
Public Act 0952 93RD GENERAL ASSEMBLY
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Public Act 093-0952
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| HB5017 Enrolled |
LRB093 18662 MKM 44389 b |
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| AN ACT concerning fire protection districts.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 3. The Department of State Police Law of the Civil | Administrative Code of Illinois is amended by changing Section | 2605-330 as follows:
| (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
| Sec. 2605-330. Firefighter applicant criminal history | records checks
background investigations. Upon
the request of | the chief of a volunteer fire department or the board of | trustees of a fire protection district, the Department shall
| conduct fingerprint-based criminal history records checks of | both State and Federal Bureau of Investigation criminal history | record databases concerning
criminal background investigations | of prospective firefighters and
report to the requesting chief | or the board of trustees of a fire protection district any | conviction information
any record of convictions maintained in | the
Department's files about those persons. The Department may | charge the requesting chief or board of trustees a fee for | conducting the criminal history records check. The fee shall be | deposited into the State Police Services Fund and shall not | exceed the cost of the inquiry
a fee, based
on actual costs, | for the dissemination of conviction information under this
| Section. The Department may prescribe the form and manner
for | requesting and furnishing conviction information under this | Section.
| (Source: P.A. 91-371, eff. 1-1-00; 92-16, eff. 6-28-01.)
| Section 5. The Fire Protection District Act is amended by | changing Section 4a and by adding Section 16.08b as follows:
| (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; | election; ballot; nomination and election of trustees.
Any fire | protection district organized under this Act may
determine, in | either manner provided in the following items (1) and (2) of | this
Section, to have an elected, rather than an appointed, | board of trustees.
| (1) If the district lies wholly within a single | township but does not
also lie wholly within a | municipality, the township board of trustees
may | determine, by ordinance, to have an elected board of | trustees.
| (2) Upon presentation to the board of trustees of a | petition, signed
by not less than 10% of the electors of | the district, requesting that a
proposition for the | election of trustees be submitted to the electors of the
| district, the secretary of the board of trustees shall | certify the proposition
to the appropriate election | authorities who shall submit the proposition at
a regular | election in accordance with the general election law.
The | general election law shall apply to and govern such | election. The
proposition shall be in substantially the | following form:
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| Shall the trustees of...... YES
| Fire Protection District be -------------------------
| elected, rather than appointed? NO
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| If a majority of the votes cast on such proposition are | in the affirmative,
the trustees of the district shall | thereafter be elected as provided by this
Section.
| At the next regular election for trustees as provided by | the general election
law, a district that has approved by | ordinance or referendum to have its
trustees elected rather | than appointed shall elect 3, 5, or 7 trustees, as
previously | determined by the organization of the district or as increased | under
Section 4.01 or 4.02. The initial elected trustees shall |
| be elected for 2, 4,
and 6 year terms. In a district with 3 | trustees, one trustee shall be elected
for a term of 2 years, | one for a term of 4 years, and one for a term of 6
years. In a | district with 5 trustees, 2 shall be elected for terms of 2
| years, 2 for terms of 4 years, and one for a term of 6 years. In | a district
with 7 trustees, 3 shall be elected for terms of 2 | years, 2 for terms of 4
years, and 2 for terms of 6 years. | Except as otherwise provided in Section
2A-54 of the Election | Code, the term of each elected trustee shall
commence on the | first Monday of the month following the month of his election
| and until his successor is elected and qualified. The length of | the terms of
the trustees first elected shall be determined by | lot at their first meeting.
Except as otherwise provided in | Section 2A-54 of the Election Code,
thereafter, each trustee | shall be elected to serve for a term of 6 years
commencing on | the first Monday of the month following the month of his | election
and until his successor is elected and qualified.
| No party designation shall appear on the ballot for | election of trustees.
The provisions of the general election | law shall apply to and govern
the nomination and election of | trustees.
| Nominations for members of the board of trustees shall be | made by a petition signed by at least 25 voters or 5% of the | voters, whichever is less, residing within the district and | shall be filed with the secretary of the board. In addition to | the requirements of general election law, the form of the | petition shall be as follows: | NOMINATING PETITIONS
| To the Secretary of the Board of Trustees of (name of fire | protection district): | We, the undersigned, being (number of signatories or 5% or | more) of the voters residing within the district, hereby | petition that (name of candidate) who resides at (address of | candidate) in this district shall be a candidate for the office | of (office) of the Board of Trustees (full-term or vacancy) to | be voted for at the election to be held (date of election). |
| The secretary of the board shall notify each candidate for | whom a petition for nomination has been filed of their | obligations under the Campaign Financing Act, as required by | the general election law. The notice shall be given on a form | prescribed by the State Board of Elections and in accordance | with the requirements of the general election law.
| The secretary shall, within 7 days of filing or on the
last | day for filing, whichever is earlier, acknowledge to the | petitioner
in writing his acceptance of the petition.
| The provisions of Section 4 relating to eligibility, powers | and disabilities
of trustees shall apply equally to elected | trustees.
| Whenever a fire protection district determines to elect | trustees as provided
in this Section, the trustees appointed | pursuant to Section 4 shall continue
to constitute the board of | trustees until the first Monday of the month
following the | month of the first election of trustees.
If the term of office | of any appointed trustees expires before the first
election of | trustees, the authority which appointed that trustee under | Section
4 of this Act shall appoint a successor to serve until | a successor is
elected and has qualified. The terms of all | appointed trustees in such
district shall expire on the first | Monday of the month following the
month of the first election | of trustees under this Section or when
successors have been | elected and have qualified, whichever occurs later.
| (Source: P.A. 90-358, eff. 1-1-98.)
| (70 ILCS 705/16.08b new) | Sec. 16.08b. Emergency medical technician licensure. The | board of trustees of a fire protection district may require | that all firefighters hired on or after the effective date of | this amendatory Act of the 93rd General Assembly by any fire | department within the district must be licensed as an EMT-B, | EMT-I, or EMT-P under the Emergency Medical Services (EMS) | Systems Act.
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Effective Date: 1/1/2005
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