Public Act 096-0172
 
HB0667 Enrolled LRB096 04286 RLJ 14332 b

    AN ACT concerning local government.
 
    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
adding Section 4.03 and by changing Section 4a as follows:
 
    (70 ILCS 705/4.03 new)
    Sec. 4.03. Elected 5-member board.
    (a) Any elected board of trustees of a fire protection
district may provide for the establishment of a 5-member board
of trustees by adopting an ordinance to that effect. If an
ordinance is adopted to establish a 5-member board, then 2
trustees shall be elected at the next consolidated election for
trustees as provided in the general election law and shall
serve one for 2 years and one for 4 years, the length of the
term of each to be determined by lot at the first board meeting
following the election. Thereafter, one trustee or 2 trustees,
as necessary to maintain a 5-member board of trustees, shall be
elected at the election provided by the general election law
for a term of 6 years. Trustees in office on the effective date
of this amendatory Act of the 96th General Assembly shall
continue to hold office for the remainder of their terms. The
term of each elected trustee shall commence on the first Monday
in the month following his or her election and each shall hold
office until his or her term expires and until a successor is
elected and qualified.
    (b) Any elected board of trustees of a fire protection
district that has established a 5-member board of trustees by
ordinance under subsection (a) may provide for a return to a
3-member board of trustees by adopting an ordinance to that
effect. The terms of the 5 persons serving on the board at the
time of the adoption of the ordinance shall be terminated upon
the adoption of the ordinance, except that they shall continue
to serve until the 3-member board under this subsection (b) has
been elected and qualified. If an ordinance is adopted to
return to a 3-member board, then the 3 trustees shall be
elected at the next consolidated election for trustees as
provided in the general election law. Persons serving on the
5-member board shall be eligible for election to the 3-member
board under this subsection (b).
 
    (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, or 4.03. 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 third 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 third 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 third 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 third
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. 95-331, eff. 8-21-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.