Full Text of HB4846 96th General Assembly
HB4846enr 96TH GENERAL ASSEMBLY
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HB4846 Enrolled |
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LRB096 16807 RLJ 32114 b |
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| AN ACT concerning local government.
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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 | 5 |
| changing Section 4.01 and adding Section 4.04 as follows:
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| (70 ILCS 705/4.01) (from Ch. 127 1/2, par. 24.01)
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| Sec. 4.01. Five-member boards.
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| (a) Any appointed 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. An | 11 |
| appointed board of trustees shall also be
increased to a | 12 |
| 5-member board upon the adoption of a proposition to
increase | 13 |
| the board as provided in subsection (b) of this Section. When | 14 |
| such
an ordinance or proposition has been adopted, the | 15 |
| appropriate appointing
authority shall, within 60 days of the | 16 |
| date of the adoption of the
ordinance or proposition, appoint 2 | 17 |
| additional trustees to the board of
trustees, one to hold | 18 |
| office for 2 years and one to hold office for 3 years
from the | 19 |
| first Monday of May next after their appointment and until | 20 |
| their
successors are appointed and have qualified. The lengths | 21 |
| of the terms of
these 2 additional members shall be determined | 22 |
| by lot at the first meeting
of the board of trustees held after | 23 |
| the 2 additional members take office.
The 3 trustees already |
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| holding office in the district shall continue to
hold office | 2 |
| for the remainder of their respective terms. Thereafter, on or
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| before the second Monday in April of each year the appropriate | 4 |
| appointing
authority shall appoint one trustee or 2 trustees, | 5 |
| as shall be necessary to
maintain a 5-member board of trustees, | 6 |
| whose terms shall be for 3 years
commencing the first Monday in | 7 |
| May of the year in which they are
respectively appointed.
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| (b) Upon presentation to an elected or appointed 3-member | 9 |
| board
of trustees of a petition, signed by not less than 5% of | 10 |
| the electors of
the district governed by the board, requesting | 11 |
| that a proposition to
increase the board of trustees to a | 12 |
| 5-member board be submitted to the
electors of the district, | 13 |
| the secretary of the board of trustees shall
certify the | 14 |
| proposition to the appropriate election authorities who shall
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| submit the proposition at a regular election in accordance with | 16 |
| the general
election law. The general election law shall apply | 17 |
| to and govern the
election. The proposition shall be in | 18 |
| substantially the following form:
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| -------------------------------------------------------------
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| "Shall the number of trustees YES
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| of the Fire Protection District be ------------------------
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| increased from 3 to 5?" NO
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| -------------------------------------------------------------
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| If a majority of the votes cast on the proposition are in | 25 |
| the
affirmative, the board of trustees of the district shall | 26 |
| thereafter be
increased to a 5-member board and the 2 |
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| additional trustees shall be
elected or appointed as provided | 2 |
| by this Section.
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| (c) Any appointed 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 (c) has
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| been selected and qualified. The appropriate appointing | 12 |
| authority shall
appoint the 3-member board within 60 days after | 13 |
| the adoption of the
ordinance. The appointments shall be made | 14 |
| under Section 4. Persons
serving on the 5-member board shall be | 15 |
| eligible for appointment to the
3-member board under this | 16 |
| subsection (c).
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| (d) Beginning on August 17, 1990, and ending 3 years after | 18 |
| that date, in
the case of a fire protection district board of | 19 |
| trustees in a county with a
population of more than 400,000 but | 20 |
| less than 450,000, according to the 1980
general census, | 21 |
| created under Section 4, subsection (a), paragraph (3) of
this | 22 |
| Act that has established a 5-member board of trustees under | 23 |
| this
Section a petition for the redress of a trustee, charging | 24 |
| the trustee with
palpable omission of duty or nonfeasance in | 25 |
| office, signed by not less than
5% of the electors of the | 26 |
| district may be presented to the township
supervisor or the |
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| presiding officer of the county board, as appropriate.
Upon | 2 |
| receipt of the petition, the township supervisor or presiding | 3 |
| officer
of the county board, as appropriate, shall preside over | 4 |
| a hearing on the
matter of the requested redress. The hearing | 5 |
| shall be held not less than
14 nor more than 30 days after | 6 |
| receipt of the petition. In the case of a
fire protection | 7 |
| district trustee appointed by the presiding officer of the
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| county board, the presiding officer shall appoint at least 4 | 9 |
| but not more
than 8 members of the county board, a majority of | 10 |
| whom shall reside in a county
board district in which the fire | 11 |
| protection district is wholly or partially
located, to serve as | 12 |
| the hearing panel. In the case of a fire protection
district | 13 |
| trustee appointed by the board of town trustees, the township
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| supervisor and 2 other town trustees appointed by the | 15 |
| supervisor shall
serve as the hearing panel. Within 30 days | 16 |
| after the hearing,
the panel shall issue a statement of its | 17 |
| findings concerning the charges
against the trustee, based upon | 18 |
| the evidence presented at the hearing, and
may make to the fire | 19 |
| protection district any recommendations deemed
appropriate.
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| (e) In a district governed by an elected or appointed | 21 |
| 5-member board, upon presentation of a petition, signed by not | 22 |
| less than 5% of the electors of the district governed by the | 23 |
| board, requesting that a proposition to decrease the board of | 24 |
| trustees to a 3-member board be submitted to the electors of | 25 |
| the district, the secretary of the board of trustees shall | 26 |
| certify the proposition to the appropriate election |
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| authorities who shall submit the proposition at a regular | 2 |
| election in accordance with the general election law. The | 3 |
| general election law shall apply to and govern the election. | 4 |
| The election authority must submit the question in | 5 |
| substantially the following form: | 6 |
| Shall the number of trustees of the fire protection | 7 |
| district be decreased from 5 to 3 members? | 8 |
| The election authority must record the votes as "Yes" or "No". | 9 |
| If a majority of the votes cast on the proposition are in | 10 |
| the affirmative, the board of trustees of the district shall be | 11 |
| decreased to a 3-member board. The terms of the 5 persons | 12 |
| serving on the board at the time of the reduction of the number | 13 |
| of members to 3 shall terminate upon certification of the | 14 |
| election results, except that they shall continue to serve | 15 |
| until the 3-member board is appointed and qualified or elected | 16 |
| and qualified. | 17 |
| In the case of an appointed board, the appointing authority | 18 |
| shall within 60 days after the certification of the election | 19 |
| results, appoint 3 trustees to the board with terms starting | 20 |
| the first Monday in May next following the election where the | 21 |
| decrease in the board's size is approved. The terms of the | 22 |
| appointed trustees shall be determined by lot at the first | 23 |
| board meeting following the election. One trustee shall have a | 24 |
| term of 3 years, one trustee shall have a term of 2 years, and | 25 |
| one trustee shall have a term of one year. Thereafter, all | 26 |
| terms shall be for 3 years. |
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HB4846 Enrolled |
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LRB096 16807 RLJ 32114 b |
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| In the case of an elected board, 3 trustees shall be | 2 |
| elected at the next election at which fire protection district | 3 |
| trustees are to be elected under the general election law. The | 4 |
| terms of the trustees shall be determined by lot at the first | 5 |
| board meeting following the election. One elected trustee shall | 6 |
| have a term of 6 years, one trustee shall have a term of 4 | 7 |
| years, and one trustee shall have a term of 2 years. | 8 |
| Thereafter, the terms of all elected trustees shall be 6 years. | 9 |
| (Source: P.A. 86-1179; 87-712 .)
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| (70 ILCS 705/4.04 new) | 11 |
| Sec. 4.04. Change from a 7-member board to a 5-member or | 12 |
| 3-member board. In a district governed by an elected or | 13 |
| appointed 7-member board, upon presentation of a petition, | 14 |
| signed by not less than 5% of the electors of the district | 15 |
| governed by the board, requesting that a proposition to | 16 |
| decrease the board of trustees to a 5-member or 3-member board | 17 |
| be submitted to the electors of the district, the secretary of | 18 |
| the board of trustees shall certify the proposition to the | 19 |
| appropriate election authorities who shall submit the | 20 |
| proposition at a regular election in accordance with the | 21 |
| general election law. The general election law shall apply to | 22 |
| and govern the election. | 23 |
| The election authority must submit the question in | 24 |
| substantially the following form: | 25 |
| Shall the number of trustees of the fire protection |
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HB4846 Enrolled |
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LRB096 16807 RLJ 32114 b |
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| district be decreased from 7 to (5 or 3) members? | 2 |
| The election authority must record the votes as "Yes" or "No". | 3 |
| If a majority of the votes cast on the proposition are in | 4 |
| the affirmative, the board of trustees of the district shall be | 5 |
| decreased to a 5-member or 3-member board, as applicable. The | 6 |
| terms of the 7 persons serving on the board at the time of the | 7 |
| reduction of the number of members to 5 or 3 shall terminate | 8 |
| upon certification of the election results, except that they | 9 |
| shall continue to serve until the 5-member or 3-member board is | 10 |
| appointed and qualified or elected and qualified. | 11 |
| In the case of an appointed board, the appointing authority | 12 |
| shall within 60 days after the certification of the election | 13 |
| results, appoint 3 or 5 trustees, as the case may be, to the | 14 |
| board of trustees with terms starting the first Monday in May | 15 |
| next following the election where the decrease in the board's | 16 |
| size is approved. The terms of the appointed trustees shall be | 17 |
| determined by lot at the first board meeting following the | 18 |
| election. In the case of a 5-member board, 2 trustees shall | 19 |
| have a 3-year term, 2 trustees shall have a 2-year term, and | 20 |
| one trustee shall have a one-year term. In the case of a | 21 |
| 3-member board, one trustee shall have a 3-year term, one | 22 |
| trustee shall have a 2-year term, and one trustee shall have a | 23 |
| one-year term. Thereafter, all terms shall be for 3 years. | 24 |
| In the case of an elected board, 3 or 5 trustees shall be | 25 |
| elected at the next election at which fire protection district | 26 |
| trustees are to be elected under the general election law. The |
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HB4846 Enrolled |
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LRB096 16807 RLJ 32114 b |
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| terms of the trustees shall be determined by lot at the first | 2 |
| board meeting following the election. In the case of a 5-member | 3 |
| board, 2 elected trustees shall have a 2-year term, 2 trustees | 4 |
| shall have a 4-year term, and one trustee shall have a 6-year | 5 |
| term. In the case of a 3-member board, one elected trustee | 6 |
| shall have a 6-year term, one trustee shall have a 4-year term, | 7 |
| and one trustee shall have a 2-year term. Thereafter, the terms | 8 |
| of all elected trustees shall be 6 years.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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