SB1051eng 104TH GENERAL ASSEMBLY

SB1051 Engrossed LRB104 05388 RTM 15417 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 Emergency Services Districts Act is amended by adding Section 6.5.1 as follows:

(70 ILCS 2005/6.5.1 new)

Sec. 6.5.1. Seven-member board.

(a) Any board of trustees of an emergency services district may provide for the establishment of a 7-member board of trustees by adopting an ordinance to that effect.

(1) When such an ordinance has been adopted by an appointed board, the appropriate appointing authority shall, within 60 days of the date of the adoption of the ordinance or proposition, appoint 2 additional trustees to the board of trustees, one to hold office for 2 years and one to hold office for 4 years from the second Monday of December succeeding the next general election for members of the General Assembly, and until their successors are appointed and qualified. The lengths of the terms of these 2 additional members shall be determined by lot at the first meeting of the board of trustees held after the 2 additional members take office. The 5 trustees already holding office in the district shall continue to hold office for the remainder of their respective terms. Thereafter, the terms of the 2 additional members shall be 4 years. The appropriate appointing authority shall appoint additional members as necessary to maintain a 7-member board of trustees.

(2) When such an ordinance has been adopted by an elected 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 7-member board of trustees, shall be elected at the election provided by the general election law for a term of 4 years. Trustees in office on the effective date of this amendatory Act of the 104th 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) Upon presentation of a petition to an elected or appointed 5-member board of trustees, signed by not less than 5% of the electors of the district governed by the board, requesting that a proposition to increase the board of trustees to a 7-member board 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 proposition shall be in substantially the following form: ------------------------------------------------------------- "Shall the number of trustees YES of the Emergency Services District be------------------------ increased from 5 to 7?" NO ----------

The election authority must record the votes as "Yes" or "No".

If a majority of the votes cast on the proposition are in the affirmative, the board of trustees of the district shall thereafter be increased to a 7-member board and the 2 additional trustees shall be elected or appointed as provided by this Section.

(c) Any appointed or elected board of trustees of an emergency services district that has established a 7-member board of trustees by ordinance under subsection (a) may provide for a return to a 5-member board of trustees by adopting an ordinance to that effect.

(1) When such an ordinance has been adopted by an appointed board, the terms of the 7 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 5-member board under this subsection has been selected and qualified. The appropriate appointing authority shall appoint the 5-member board within 60 days after the adoption of the ordinance. The appointments shall be made under Section 6 of this Act. Persons serving on the 7-member board shall be eligible for appointment to the 5-member board under this subsection.

(2) When such an ordinance has been adopted by an elected board, the terms of the 7 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 5-member board under this subsection has been elected and qualified. If an ordinance is adopted to return to a 5-member board, then the 5 trustees shall be elected at the next consolidated election for trustees as provided in the general election law. Persons serving on the 7-member board shall be eligible for election to the 5-member board under this subsection.

(d) Upon presentation of a petition, signed by not less than 5% of the electors of the district governed by the board, requesting that a proposition to decrease the board of trustees to a 5-member board be submitted to the electors of the district, the Secretary shall certify the proposition to the appropriate election authorities who shall submit the proposition for question at the next regular election in accordance with the general election law.

The election authority must submit the question in substantially the following form: ------------------------------------------------------------- "Shall the number of trustees YES of the Emergency Services District be------------------------ decreased from 7 to 5?" NO ----------

The election authority must record the votes as "Yes" or "No".

If a majority of the votes cast on the proposition are in the affirmative, the board shall be decreased to a 5-member board. The terms of the 7 persons serving on the board at the time of the reduction of the number of members to 5 shall terminate upon certification of the election results, except that they shall continue to serve until the 5-member board is appointed and qualified or elected and qualified.

In the case of an appointed board, the appointing authority shall within 60 days after the certification of the election results, appoint 5 trustees to the board in accordance with Section 6 of this Act.

In the case of an elected board, 5 trustees shall be elected at the next election at which the emergency services district trustees are to be elected in accordance with general election law. The terms of the trustees shall be determined by lot at the first board meeting following the election. Thereafter, the terms of all elected trustees shall be 4 years.