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1 | AN ACT concerning fire protection districts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Department of State Police Law of the Civil | ||||||
5 | Administrative Code of Illinois is amended by changing Section | ||||||
6 | 2605-330 as follows:
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7 | (20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
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8 | Sec. 2605-330. Firefighter applicant criminal history | ||||||
9 | records checks
background investigations . Upon
the request of | ||||||
10 | the chief of a volunteer fire department or the board of | ||||||
11 | trustees of a fire protection district , the Department shall
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12 | conduct fingerprint-based criminal history records checks of | ||||||
13 | both State and Federal Bureau of Investigation criminal history | ||||||
14 | record databases concerning
criminal background investigations | ||||||
15 | of prospective firefighters and
report to the requesting chief | ||||||
16 | or the board of trustees of a fire protection district any | ||||||
17 | conviction information
any record of convictions maintained in | ||||||
18 | the
Department's files about those persons. The Department may | ||||||
19 | charge the requesting chief or board of trustees a fee for | ||||||
20 | conducting the criminal history records check. The fee shall be | ||||||
21 | deposited into the State Police Services Fund and shall not | ||||||
22 | exceed the cost of the inquiry
a fee, based
on actual costs, | ||||||
23 | for the dissemination of conviction information under this
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24 | Section . The Department may prescribe the form and manner
for | ||||||
25 | requesting and furnishing conviction information under this | ||||||
26 | Section.
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27 | (Source: P.A. 91-371, eff. 1-1-00; 92-16, eff. 6-28-01.)
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28 | Section 5. The Fire Protection District Act is amended by | ||||||
29 | changing Section 4a and by adding Section 16.08b as follows:
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30 | (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
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1 | Sec. 4a. Change to elected board of trustees; petition; | ||||||
2 | election; ballot; nomination and election of trustees.
Any fire | ||||||
3 | protection district organized under this Act may
determine, in | ||||||
4 | either manner provided in the following items (1) and (2) of | ||||||
5 | this
Section, to have an elected, rather than an appointed, | ||||||
6 | board of trustees.
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7 | (1) If the district lies wholly within a single | ||||||
8 | township but does not
also lie wholly within a | ||||||
9 | municipality, the township board of trustees
may | ||||||
10 | determine, by ordinance, to have an elected board of | ||||||
11 | trustees.
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12 | (2) Upon presentation to the board of trustees of a | ||||||
13 | petition, signed
by not less than 10% of the electors of | ||||||
14 | the district, requesting that a
proposition for the | ||||||
15 | election of trustees be submitted to the electors of the
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16 | district, the secretary of the board of trustees shall | ||||||
17 | certify the proposition
to the appropriate election | ||||||
18 | authorities who shall submit the proposition at
a regular | ||||||
19 | election in accordance with the general election law.
The | ||||||
20 | general election law shall apply to and govern such | ||||||
21 | election. The
proposition shall be in substantially the | ||||||
22 | following form:
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23 | -------------------------------------------------------------
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24 | Shall the trustees of...... YES
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25 | Fire Protection District be -------------------------
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26 | elected, rather than appointed? NO
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27 | -------------------------------------------------------------
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28 | If a majority of the votes cast on such proposition are | ||||||
29 | in the affirmative,
the trustees of the district shall | ||||||
30 | thereafter be elected as provided by this
Section.
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31 | At the next regular election for trustees as provided by | ||||||
32 | the general election
law, a district that has approved by | ||||||
33 | ordinance or referendum to have its
trustees elected rather | ||||||
34 | than appointed shall elect 3, 5, or 7 trustees, as
previously | ||||||
35 | determined by the organization of the district or as increased | ||||||
36 | under
Section 4.01 or 4.02. The initial elected trustees shall |
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1 | be elected for 2, 4,
and 6 year terms. In a district with 3 | ||||||
2 | trustees, one trustee shall be elected
for a term of 2 years, | ||||||
3 | one for a term of 4 years, and one for a term of 6
years. In a | ||||||
4 | district with 5 trustees, 2 shall be elected for terms of 2
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5 | years, 2 for terms of 4 years, and one for a term of 6 years. In | ||||||
6 | a district
with 7 trustees, 3 shall be elected for terms of 2 | ||||||
7 | years, 2 for terms of 4
years, and 2 for terms of 6 years. | ||||||
8 | Except as otherwise provided in Section
2A-54 of the Election | ||||||
9 | Code, the term of each elected trustee shall
commence on the | ||||||
10 | first Monday of the month following the month of his election
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11 | and until his successor is elected and qualified. The length of | ||||||
12 | the terms of
the trustees first elected shall be determined by | ||||||
13 | lot at their first meeting.
Except as otherwise provided in | ||||||
14 | Section 2A-54 of the Election Code,
thereafter, each trustee | ||||||
15 | shall be elected to serve for a term of 6 years
commencing on | ||||||
16 | the first Monday of the month following the month of his | ||||||
17 | election
and until his successor is elected and qualified.
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18 | No party designation shall appear on the ballot for | ||||||
19 | election of trustees.
The provisions of the general election | ||||||
20 | law shall apply to and govern
the nomination and election of | ||||||
21 | trustees.
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22 | Nominations for members of the board of trustees shall be | ||||||
23 | made by a petition signed by at least 25 voters or 5% of the | ||||||
24 | voters, whichever is less, residing within the district and | ||||||
25 | shall be filed with the secretary of the board. In addition to | ||||||
26 | the requirements of general election law, the form of the | ||||||
27 | petition shall be as follows: | ||||||
28 | NOMINATING PETITIONS
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29 | To the Secretary of the Board of Trustees of (name of fire | ||||||
30 | protection district): | ||||||
31 | We, the undersigned, being (number of signatories or 5% or | ||||||
32 | more) of the voters residing within the district, hereby | ||||||
33 | petition that (name of candidate) who resides at (address of | ||||||
34 | candidate) in this district shall be a candidate for the office | ||||||
35 | of (office) of the Board of Trustees (full-term or vacancy) to | ||||||
36 | be voted for at the election to be held (date of election). |
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1 | The secretary of the board shall notify each candidate for | ||||||
2 | whom a petition for nomination has been filed of their | ||||||
3 | obligations under the Campaign Financing Act, as required by | ||||||
4 | the general election law. The notice shall be given on a form | ||||||
5 | prescribed by the State Board of Elections and in accordance | ||||||
6 | with the requirements of the general election law.
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7 | The secretary shall, within 7 days of filing or on the
last | ||||||
8 | day for filing, whichever is earlier, acknowledge to the | ||||||
9 | petitioner
in writing his acceptance of the petition.
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10 | The provisions of Section 4 relating to eligibility, powers | ||||||
11 | and disabilities
of trustees shall apply equally to elected | ||||||
12 | trustees.
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13 | Whenever a fire protection district determines to elect | ||||||
14 | trustees as provided
in this Section, the trustees appointed | ||||||
15 | pursuant to Section 4 shall continue
to constitute the board of | ||||||
16 | trustees until the first Monday of the month
following the | ||||||
17 | month of the first election of trustees.
If the term of office | ||||||
18 | of any appointed trustees expires before the first
election of | ||||||
19 | trustees, the authority which appointed that trustee under | ||||||
20 | Section
4 of this Act shall appoint a successor to serve until | ||||||
21 | a successor is
elected and has qualified. The terms of all | ||||||
22 | appointed trustees in such
district shall expire on the first | ||||||
23 | Monday of the month following the
month of the first election | ||||||
24 | of trustees under this Section or when
successors have been | ||||||
25 | elected and have qualified, whichever occurs later.
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26 | (Source: P.A. 90-358, eff. 1-1-98 .)
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27 | (70 ILCS 705/16.08b new) | ||||||
28 | Sec. 16.08b. Emergency medical technician licensure. The | ||||||
29 | board of trustees of a fire protection district may require | ||||||
30 | that all firefighters hired on or after the effective date of | ||||||
31 | this amendatory Act of the 93rd General Assembly by any fire | ||||||
32 | department within the district must be licensed as an EMT-B, | ||||||
33 | EMT-I, or EMT-P under the Emergency Medical Services (EMS) | ||||||
34 | Systems Act.
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