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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4958
Introduced 02/05/04, by Donald L. Moffitt, Michael K. Smith, Mike Bost SYNOPSIS AS INTRODUCED:
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70 ILCS 705/4a |
from Ch. 127 1/2, par. 24.1 |
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Amends the Fire Protection District Act. Provides that nominations for members of the board of trustees of a fire protection district 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. Provides a form for a nominating petition. Requires the secretary of the board to (i) notify each candidate of their obligations under the Campaign Financing Act and (ii) acknowledge to the petitioner in writing, within 7 days of filing or on the last day for filing, whichever is earlier, the secretary's acceptance of the nominating petition.
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A BILL FOR
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HB4958 |
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LRB093 18665 MKM 44392 b |
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| AN ACT concerning fire protection.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fire Protection District Act is amended by |
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| changing Section 4a as follows:
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| (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
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| Sec. 4a. Change to elected board of trustees; petition; |
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| election; ballot; nomination and election of trustees.
Any fire |
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| protection district organized under this Act may
determine, in |
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| either manner provided in the following items (1) and (2) of |
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| this
Section, to have an elected, rather than an appointed, |
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| board of trustees.
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| (1) If the district lies wholly within a single |
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| township but does not
also lie wholly within a |
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| municipality, the township board of trustees
may |
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| determine, by ordinance, to have an elected board of |
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| trustees.
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| (2) Upon presentation to the board of trustees of a |
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| petition, signed
by not less than 10% of the electors of |
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| the district, requesting that a
proposition for the |
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| election of trustees be submitted to the electors of the
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| district, the secretary of the board of trustees shall |
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| certify the proposition
to the appropriate election |
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| authorities who shall submit the proposition at
a regular |
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| election in accordance with the general election law.
The |
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| general election law shall apply to and govern such |
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| election. The
proposition shall be in substantially the |
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| following form:
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| -------------------------------------------------------------
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| Shall the trustees of...... YES
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| Fire Protection District be -------------------------
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| elected, rather than appointed? NO
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HB4958 |
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LRB093 18665 MKM 44392 b |
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| -------------------------------------------------------------
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| If a majority of the votes cast on such proposition are |
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| in the affirmative,
the trustees of the district shall |
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| thereafter be elected as provided by this
Section.
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| At the next regular election for trustees as provided by |
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| the general election
law, a district that has approved by |
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| ordinance or referendum to have its
trustees elected rather |
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| than appointed shall elect 3, 5, or 7 trustees, as
previously |
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| determined by the organization of the district or as increased |
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| under
Section 4.01 or 4.02. The initial elected trustees shall |
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| be elected for 2, 4,
and 6 year terms. In a district with 3 |
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| trustees, one trustee shall be elected
for a term of 2 years, |
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| one for a term of 4 years, and one for a term of 6
years. In a |
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| district with 5 trustees, 2 shall be elected for terms of 2
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| years, 2 for terms of 4 years, and one for a term of 6 years. In |
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| a district
with 7 trustees, 3 shall be elected for terms of 2 |
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| years, 2 for terms of 4
years, and 2 for terms of 6 years. |
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| Except as otherwise provided in Section
2A-54 of the Election |
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| Code, the term of each elected trustee shall
commence on the |
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| first Monday of the month following the month of his election
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| and until his successor is elected and qualified. The length of |
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| the terms of
the trustees first elected shall be determined by |
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| lot at their first meeting.
Except as otherwise provided in |
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| Section 2A-54 of the Election Code,
thereafter, each trustee |
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| shall be elected to serve for a term of 6 years
commencing on |
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| the first Monday of the month following the month of his |
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| election
and until his successor is elected and qualified.
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| No party designation shall appear on the ballot for |
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| election of trustees.
The provisions of the general election |
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| law shall apply to and govern
the nomination and election of |
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| trustees.
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| Nominations for members of the board of trustees shall be |
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| made by a petition signed by at least 25 voters or 5% of the |
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| voters, whichever is less, residing within the district and |
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| shall be filed with the secretary of the board. In addition to |
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| the requirements of general election law, the form of the |
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HB4958 |
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LRB093 18665 MKM 44392 b |
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| petition shall be as follows: |
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| NOMINATING PETITIONS
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| To the Secretary of the Board of Trustees of (name of fire |
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| protection district): |
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| We, the undersigned, being (number of signatories or 10% or |
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| more) of the voters residing within the district, hereby |
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| petition that (name of candidate) who resides at (address of |
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| candidate) in this district shall be a candidates for the |
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| office of (office) of the Board of Trustees (full-term or |
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| vacancy) to be voted for at the election to be held (date of |
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| election). |
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| The secretary of the board shall notify each candidate for |
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| whom a petition for nomination has been filed of their |
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| obligations under the Campaign Financing Act, as required by |
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| the general election law. The notice shall be given on a form |
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| prescribed by the State Board of Elections and in accordance |
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| with the requirements of the general election law.
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| The secretary shall, within 7 days of filing or on the
last |
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| day for filing, whichever is earlier, acknowledge to the |
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| petitioner
in writing his acceptance of the petition.
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| The provisions of Section 4 relating to eligibility, powers |
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| and disabilities
of trustees shall apply equally to elected |
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| trustees.
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| Whenever a fire protection district determines to elect |
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| trustees as provided
in this Section, the trustees appointed |
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| pursuant to Section 4 shall continue
to constitute the board of |
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| trustees until the first Monday of the month
following the |
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| month of the first election of trustees.
If the term of office |
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| of any appointed trustees expires before the first
election of |
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| trustees, the authority which appointed that trustee under |
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| Section
4 of this Act shall appoint a successor to serve until |
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| a successor is
elected and has qualified. The terms of all |
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| appointed trustees in such
district shall expire on the first |
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| Monday of the month following the
month of the first election |
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| of trustees under this Section or when
successors have been |
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| elected and have qualified, whichever occurs later.
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