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Public Act 91-0948
SB168 Enrolled LRB9102278MWpc
AN ACT in relation to fire protection districts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Fire Protection District Act is amended
by changing Sections 6 and 16.04 as follows:
(70 ILCS 705/6) (from Ch. 127 1/2, par. 26)
Sec. 6. The trustees shall constitute a board of
trustees for the district for which they are appointed, which
board of trustees is declared to be the corporate authority
of the fire protection district, and shall exercise all of
the powers and control all the affairs and property of such
district. The board of trustees at their initial meeting and
at their first meeting following the commencement of the term
of any trustee shall elect one of their number as president
and one of their number as secretary and shall elect a
treasurer for the district, who may be one of the trustees or
may be any other citizen of the district and who shall hold
office during the pleasure of the board and who shall give
such bond as may be required by the board. Except as
otherwise provided in Sections 16.01 through 16.18, the board
may appoint and enter into a multi-year contract not
exceeding 3 years with a fire chief and may appoint any such
firemen that as may be necessary for the district who shall
hold office during the pleasure of the board and who shall
give any such bond that as the board may require. The board
may prescribe the duties and fix the compensation of all the
officers and employees of the fire protection district. A
member of the board of trustees of a fire protection district
may be compensated as follows: in a district having fewer
than 4 full time paid firemen, a sum not to exceed $1,000 per
annum; in a district having more than 3 but less than 10 full
time paid firemen, a sum not to exceed $1,500 per annum; in a
district having either 10 or more full time paid firemen, a
sum not to exceed $2,000 per annum. In addition, fire
districts that operate an ambulance service pursuant to
authorization by referendum, as provided in Section 22, may
pay trustees an additional annual compensation not to exceed
50% of the amount otherwise authorized herein. The
additional compensation shall be an administrative expense of
the ambulance service and shall be paid from revenues raised
by the ambulance tax levy. The trustees also have the
express power to execute a note or notes and to execute a
mortgage or trust deed to secure the payment of such note or
notes; such trust deed or mortgage shall cover real estate,
or some part thereof, or personal property owned by the
district and the lien of the mortgage shall apply to the real
estate or personal property so mortgaged by the district, and
the proceeds of the note or notes may be used in the
acquisition of personal property or of real estate or in the
erection of improvements on such real estate. The trustees
have express power to purchase either real estate or personal
property to be used for the purposes of the fire protection
district through contracts which provide for the
consideration for such purchase to be paid through
installments to be made at stated intervals during a certain
period of time, but, in no case, shall such contracts provide
for the consideration to be paid during a period of time in
excess of 25 years. The trustees have express power to
provide for the benefit of its employees, volunteer firemen
and paid firemen, group life, health, accident, hospital and
medical insurance, or any combination thereof; and to pay for
all or any portion of the premiums on such insurance. Such
insurance may include provisions for employees who rely on
treatment by spiritual means alone through prayer for healing
in accord with the tenets and practice of a well recognized
religious denomination. The board of trustees has express
power to change the corporate name of the fire protection
district by ordinance provided that notification of any
change is given to the circuit clerk and the Office of the
State Fire Marshal. The board of trustees has full power to
pass all necessary ordinances, and rules and regulations for
the proper management and conduct of the business of the
board of trustees of the fire protection district for
carrying into effect the objects for which the district was
formed.
(Source: P.A. 85-1434; 86-1194.)
(70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
Sec. 16.04a. The board of fire commissioners shall
appoint all officers and members of the fire departments of
the district, except the Chief of the fire department. The
board of trustees shall appoint the Chief of the fire
department, who shall serve at the pleasure of the board, and
may enter into a multi-year contract not exceeding 3 years
with the Chief. The Chief of the fire department shall be
appointed by the trustees.
If a member of the department is appointed Chief of the
fire department prior to being eligible to retire on pension
he shall be considered as on furlough from the rank he held
immediately prior to his appointment as Chief. If he resigns
as Chief or is discharged as Chief prior to attaining
eligibility to retire on pension, he shall revert to and be
established in such prior rank, and thereafter be entitled to
all the benefits and emoluments of such prior rank, without
regard as to whether a vacancy then exists in such rank. In
such instances, the Chief shall be deemed to have continued
to accrue seniority in the department during his period of
service as Chief, or time in grade in his former rank to
which he shall revert during his period of service as Chief,
except solely for purposes of any layoff as provided in
Section 16.13b hereafter.
All appointments to each department other than that of
the lowest rank, however, shall be from the rank next below
that to which the appointment is made, except that the Chief
of the fire department may be appointed from among members of
the fire department, regardless of rank.
The sole authority to issue certificates of appointment
shall be vested in the board of fire commissioners and all
certificates of appointments issued to any officer or member
of the fire department shall be signed by the chairman and
secretary respectively of the board of fire commissioners
upon appointment of such officer or member of the fire
department by action of the board of fire commissioners.
(Source: P.A. 86-562.)
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