Public Act 093-0952
 		





HB5017 Enrolled
LRB093 18662 MKM 44389 b






    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)


    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:

-------------------------------------------------------------

        Shall the trustees of......       YES

        Fire Protection District be     -------------------------

        elected, rather than appointed?   NO

-------------------------------------------------------------


        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.