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1 | AN ACT concerning local government.
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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 5. The Fire Protection District Act is amended by | ||||||
5 | adding Section 4.03 and by changing Section 4a as follows: | ||||||
6 | (70 ILCS 705/4.03 new) | ||||||
7 | Sec. 4.03. Elected 5-member board. | ||||||
8 | (a) Any elected board of trustees of a fire protection | ||||||
9 | district may provide for the establishment of a 5-member board | ||||||
10 | of trustees by adopting an ordinance to that effect. If an | ||||||
11 | ordinance is adopted to establish a 5-member board, then 2 | ||||||
12 | trustees shall be elected at the next consolidated election for | ||||||
13 | trustees as provided in the general election law and shall | ||||||
14 | serve one for 2 years and one for 4 years, the length of the | ||||||
15 | term of each to be determined by lot at the first board meeting | ||||||
16 | following the election. Thereafter, one trustee or 2 trustees, | ||||||
17 | as necessary to maintain a 5-member board of trustees, shall be | ||||||
18 | elected at the election provided by the general election law | ||||||
19 | for a term of 6 years.
Trustees in office on the effective date | ||||||
20 | of this amendatory Act of the 96th General Assembly shall | ||||||
21 | continue to hold office for the remainder of their terms. The | ||||||
22 | term of each elected trustee shall commence on the first Monday | ||||||
23 | in the month following his or her election and each shall hold |
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1 | office until his or her term expires and until a successor is | ||||||
2 | elected and qualified. | ||||||
3 | (b) Any elected board of trustees of a fire protection | ||||||
4 | district that has established a 5-member board of trustees by | ||||||
5 | ordinance under subsection (a) may provide for a return to a | ||||||
6 | 3-member board of trustees by adopting an ordinance to that | ||||||
7 | effect. The terms of the 5 persons serving on the board at the | ||||||
8 | time of the adoption of the ordinance shall be terminated upon | ||||||
9 | the adoption of the ordinance, except that they shall continue | ||||||
10 | to serve until the 3-member board under this subsection (b) has | ||||||
11 | been elected and qualified. If an ordinance is adopted to | ||||||
12 | return to a 3-member board, then the 3 trustees shall be | ||||||
13 | elected at the next consolidated election for trustees as | ||||||
14 | provided in the general election law. Persons serving on the | ||||||
15 | 5-member board shall be eligible for election to the 3-member | ||||||
16 | board under this subsection (b).
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17 | (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
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18 | Sec. 4a. Change to elected board of trustees; petition; | ||||||
19 | election; ballot; nomination and election of trustees.
Any fire | ||||||
20 | protection district organized under this Act may
determine, in | ||||||
21 | either manner provided in the following items (1) and (2) of | ||||||
22 | this
Section, to have an elected, rather than an appointed, | ||||||
23 | board of trustees.
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24 | (1) If the district lies wholly within a single | ||||||
25 | township but does not
also lie wholly within a |
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1 | municipality, the township board of trustees
may | ||||||
2 | determine, by ordinance, to have an elected board of | ||||||
3 | trustees.
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4 | (2) Upon presentation to the board of trustees of a | ||||||
5 | petition, signed
by not less than 10% of the electors of | ||||||
6 | the district, requesting that a
proposition for the | ||||||
7 | election of trustees be submitted to the electors of the
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8 | district, the secretary of the board of trustees shall | ||||||
9 | certify the proposition
to the appropriate election | ||||||
10 | authorities who shall submit the proposition at
a regular | ||||||
11 | election in accordance with the general election law.
The | ||||||
12 | general election law shall apply to and govern such | ||||||
13 | election. The
proposition shall be in substantially the | ||||||
14 | following form:
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15 | -------------------------------------------------------------
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16 | Shall the trustees of...... YES
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17 | Fire Protection District be ---------------------
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18 | elected, rather than appointed? NO
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19 | -------------------------------------------------------------
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20 | If a majority of the votes cast on such proposition are | ||||||
21 | in the affirmative,
the trustees of the district shall | ||||||
22 | thereafter be elected as provided by this
Section.
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23 | At the next regular election for trustees as provided by | ||||||
24 | the general election
law, a district that has approved by | ||||||
25 | ordinance or referendum to have its
trustees elected rather | ||||||
26 | than appointed shall elect 3, 5, or 7 trustees, as
previously |
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1 | determined by the organization of the district or as increased | ||||||
2 | under
Section 4.01 , or 4.02 , or 4.03 . The initial elected | ||||||
3 | trustees shall be elected for 2, 4,
and 6 year terms. In a | ||||||
4 | district with 3 trustees, one trustee shall be elected
for a | ||||||
5 | term of 2 years, one for a term of 4 years, and one for a term | ||||||
6 | of 6
years. In a district with 5 trustees, 2 shall be elected | ||||||
7 | for terms of 2
years, 2 for terms of 4 years, and one for a term | ||||||
8 | of 6 years. In a district
with 7 trustees, 3 shall be elected | ||||||
9 | for terms of 2 years, 2 for terms of 4
years, and 2 for terms of | ||||||
10 | 6 years. Except as otherwise provided in Section
2A-54 of the | ||||||
11 | Election Code, the term of each elected trustee shall
commence | ||||||
12 | on the third Monday of the month following the month of his | ||||||
13 | election
and until his successor is elected and qualified. The | ||||||
14 | length of the terms of
the trustees first elected shall be | ||||||
15 | determined by lot at their first meeting.
Except as otherwise | ||||||
16 | provided in Section 2A-54 of the Election Code,
thereafter, | ||||||
17 | each trustee shall be elected to serve for a term of 6 years
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18 | commencing on the third Monday of the month following the month | ||||||
19 | of his election
and until his successor is elected and | ||||||
20 | qualified.
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21 | No party designation shall appear on the ballot for | ||||||
22 | election of trustees.
The provisions of the general election | ||||||
23 | law shall apply to and govern
the nomination and election of | ||||||
24 | trustees.
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25 | Nominations for members of the board of trustees shall be | ||||||
26 | made by a petition signed by at least 25 voters or 5% of the |
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1 | voters, whichever is less, residing within the district and | ||||||
2 | shall be filed with the secretary of the board. In addition to | ||||||
3 | the requirements of general election law, the form of the | ||||||
4 | petition shall be as follows: | ||||||
5 | NOMINATING PETITIONS
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6 | To the Secretary of the Board of Trustees of (name of fire | ||||||
7 | protection district): | ||||||
8 | We, the undersigned, being (number of signatories or 5% or | ||||||
9 | more) of the voters residing within the district, hereby | ||||||
10 | petition that (name of candidate) who resides at (address of | ||||||
11 | candidate) in this district shall be a candidate for the office | ||||||
12 | of (office) of the Board of Trustees (full-term or vacancy) to | ||||||
13 | be voted for at the election to be held (date of election). | ||||||
14 | The secretary of the board shall notify each candidate for | ||||||
15 | whom a petition for nomination has been filed of their | ||||||
16 | obligations under the Campaign Financing Act, as required by | ||||||
17 | the general election law. The notice shall be given on a form | ||||||
18 | prescribed by the State Board of Elections and in accordance | ||||||
19 | with the requirements of the general election law.
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20 | The secretary shall, within 7 days of filing or on the
last | ||||||
21 | day for filing, whichever is earlier, acknowledge to the | ||||||
22 | petitioner
in writing his acceptance of the petition.
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23 | The provisions of Section 4 relating to eligibility, powers | ||||||
24 | and disabilities
of trustees shall apply equally to elected | ||||||
25 | trustees.
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26 | Whenever a fire protection district determines to elect |
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1 | trustees as provided
in this Section, the trustees appointed | ||||||
2 | pursuant to Section 4 shall continue
to constitute the board of | ||||||
3 | trustees until the third Monday of the month
following the | ||||||
4 | month of the first election of trustees.
If the term of office | ||||||
5 | of any appointed trustees expires before the first
election of | ||||||
6 | trustees, the authority which appointed that trustee under | ||||||
7 | Section
4 of this Act shall appoint a successor to serve until | ||||||
8 | a successor is
elected and has qualified. The terms of all | ||||||
9 | appointed trustees in such
district shall expire on the third | ||||||
10 | Monday of the month following the
month of the first election | ||||||
11 | of trustees under this Section or when
successors have been | ||||||
12 | elected and have qualified, whichever occurs later.
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13 | (Source: P.A. 95-331, eff. 8-21-07.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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