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91_SB0168ccr001 1 91ST GENERAL ASSEMBLY 2 FIRST CONFERENCE COMMITTEE REPORT 3 ON SENATE BILL 168 4 To the President of the Senate and the Speaker of the 5 House of Representatives: 6 We, the conference committee appointed to consider the 7 differences between the houses in relation to House Amendment 8 No. 1 to Senate Bill 168, recommend the following: 9 (1) that the House recede from House Amendment No. 1; 10 and 11 (2) that Senate Bill 168 be amended by replacing the 12 title with the following: 13 "AN ACT in relation to fire protection districts."; and 14 by replacing everything after the enacting clause with the 15 following: 16 "Section 5. The Fire Protection District Act is amended 17 by changing Sections 6 and 16.04 as follows: 18 (70 ILCS 705/6) (from Ch. 127 1/2, par. 26) 19 Sec. 6. The trustees shall constitute a board of 20 trustees for the district for which they are appointed, which 21 board of trustees is declared to be the corporate authority 22 of the fire protection district, and shall exercise all of 23 the powers and control all the affairs and property of such 24 district. The board of trustees at their initial meeting and 25 at their first meeting following the commencement of the term 26 of any trustee shall elect one of their number as president 27 and one of their number as secretary and shall elect a 28 treasurer for the district, who may be one of the trustees or 29 may be any other citizen of the district and who shall hold 30 office during the pleasure of the board and who shall give 31 such bond as may be required by the board. Except as 32 otherwise provided in Sections 16.01 through 16.18, the board 33 may appoint and enter into a multi-year contract not 34 exceeding 3 years with a fire chief and may appoint anysuch35 firemen thatasmay be necessary for the district who shall 36 hold office during the pleasure of the board and who shall 37 give anysuchbond thatasthe board may require. The board 38 may prescribe the duties and fix the compensation of all the 39 officers and employees of the fire protection district. A 40 member of the board of trustees of a fire protection district 41 may be compensated as follows: in a district having fewer 42 than 4 full time paid firemen, a sum not to exceed $1,000 per 43 annum; in a district having more than 3 but less than 10 full 44 time paid firemen, a sum not to exceed $1,500 per annum; in a 45 district having either 10 or more full time paid firemen, a 46 sum not to exceed $2,000 per annum. In addition, fire 47 districts that operate an ambulance service pursuant to 48 authorization by referendum, as provided in Section 22, may 49 pay trustees an additional annual compensation not to exceed 50 50% of the amount otherwise authorized herein. The 51 additional compensation shall be an administrative expense of 52 the ambulance service and shall be paid from revenues raised 53 by the ambulance tax levy. The trustees also have the 54 express power to execute a note or notes and to execute a 55 mortgage or trust deed to secure the payment of such note or 56 notes; such trust deed or mortgage shall cover real estate, 57 or some part thereof, or personal property owned by the 58 district and the lien of the mortgage shall apply to the real 59 estate or personal property so mortgaged by the district, and 60 the proceeds of the note or notes may be used in the 61 acquisition of personal property or of real estate or in the 62 erection of improvements on such real estate. The trustees 63 have express power to purchase either real estate or personal 64 property to be used for the purposes of the fire protection 65 district through contracts which provide for the 66 consideration for such purchase to be paid through 67 installments to be made at stated intervals during a certain 68 period of time, but, in no case, shall such contracts provide 69 for the consideration to be paid during a period of time in 70 excess of 25 years. The trustees have express power to 71 provide for the benefit of its employees, volunteer firemen 72 and paid firemen, group life, health, accident, hospital and 1 medical insurance, or any combination thereof; and to pay for 2 all or any portion of the premiums on such insurance. Such 3 insurance may include provisions for employees who rely on 4 treatment by spiritual means alone through prayer for healing 5 in accord with the tenets and practice of a well recognized 6 religious denomination. The board of trustees has express 7 power to change the corporate name of the fire protection 8 district by ordinance provided that notification of any 9 change is given to the circuit clerk and the Office of the 10 State Fire Marshal. The board of trustees has full power to 11 pass all necessary ordinances, and rules and regulations for 12 the proper management and conduct of the business of the 13 board of trustees of the fire protection district for 14 carrying into effect the objects for which the district was 15 formed. 16 (Source: P.A. 85-1434; 86-1194.) 17 (70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a) 18 Sec. 16.04a. The board of fire commissioners shall 19 appoint all officers and members of the fire departments of 20 the district, except the Chief of the fire department. The 21 board of trustees shall appoint the Chief of the fire 22 department, who shall serve at the pleasure of the board, and 23 may enter into a multi-year contract not exceeding 3 years 24 with the Chief.The Chief of the fire department shall be25appointed by the trustees.26 If a member of the department is appointed Chief of the 27 fire department prior to being eligible to retire on pension 28 he shall be considered as on furlough from the rank he held 29 immediately prior to his appointment as Chief. If he resigns 30 as Chief or is discharged as Chief prior to attaining 31 eligibility to retire on pension, he shall revert to and be 32 established in such prior rank, and thereafter be entitled to 33 all the benefits and emoluments of such prior rank, without 34 regard as to whether a vacancy then exists in such rank. In 35 such instances, the Chief shall be deemed to have continued 36 to accrue seniority in the department during his period of 37 service as Chief, or time in grade in his former rank to 38 which he shall revert during his period of service as Chief, 39 except solely for purposes of any layoff as provided in 40 Section 16.13b hereafter. 41 All appointments to each department other than that of 42 the lowest rank, however, shall be from the rank next below 43 that to which the appointment is made, except that the Chief 44 of the fire department may be appointed from among members of 45 the fire department, regardless of rank. 46 The sole authority to issue certificates of appointment 47 shall be vested in the board of fire commissioners and all 48 certificates of appointments issued to any officer or member 49 of the fire department shall be signed by the chairman and 50 secretary respectively of the board of fire commissioners 51 upon appointment of such officer or member of the fire 52 department by action of the board of fire commissioners. 53 (Source: P.A. 86-562.)". 54 Submitted on April 15, 2000. 55 s/Sen. Kirk Dillard s/Rep. Ralph Capparelli 56 Sen. Steve Rauschenberger s/Rep. Gary Hannig 57 Sen. Dick Klemm s/Rep. Calvin Giles 58 Sen. Lawrence Walsh s/Rep. Art Tenhouse 59 Sen. William Shaw s/Rep. Kathleen L. Wojcik 60 Committee for the Senate Committee for the House