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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.
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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 |
Administrative Code of Illinois is amended by changing Section |
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 |
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
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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
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Section. The Department may prescribe the form and manner
for |
requesting and furnishing conviction information under this |
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 |
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; |
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.
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(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.
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(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
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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
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Fire Protection District be -------------------------
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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.
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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 |
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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
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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
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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.
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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.
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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
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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). |
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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.
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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.
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The provisions of Section 4 relating to eligibility, powers |
and disabilities
of trustees shall apply equally to elected |
trustees.
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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.
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(Source: P.A. 90-358, eff. 1-1-98.)
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(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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