Full Text of HB3909 98th General Assembly
HB3909ham001 98TH GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 3/13/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3909
| 2 | | AMENDMENT NO. ______. Amend House Bill 3909 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fire Protection District Act is amended by | 5 | | adding Section 4c as follows: | 6 | | (70 ILCS 705/4c new) | 7 | | Sec. 4c. Conversion from an appointed board to an elected | 8 | | board. | 9 | | (a) This Section applies to a fire protection district that | 10 | | is wholly within, or that has a majority of its territory | 11 | | within, a county with 500,000 or more inhabitants based on the | 12 | | most recent federal decennial census, and that has an appointed | 13 | | board of trustees. | 14 | | (b) When a fire protection district subject to this Section | 15 | | levies taxes in excess of $1 million in any year, the appointed | 16 | | board of trustees shall convert to an elected board of trustees |
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| 1 | | as provided under subsection (c) of this Section. | 2 | | (c) At the next regular election for trustees as provided | 3 | | by the general election law following the effective date of the | 4 | | ordinance authorizing a levy in excess of $1 million under | 5 | | Section 14 of this Act, a district subject to this Section | 6 | | shall elect 3, 5, or 7 trustees, as previously determined by | 7 | | the organization of the district, or as increased or decreased | 8 | | under the provisions of this Act. | 9 | | The initial elected trustees shall be elected for 2 and 4 | 10 | | year terms. In a district with 3 trustees, one trustee shall be | 11 | | elected for a term of 2 years, and 2 shall be elected for terms | 12 | | of 4 years. In a district with 5 trustees, 2 shall be elected | 13 | | for terms of 2 years, and 3 shall be elected for terms of 4 | 14 | | years. In a district with 7 trustees, 3 shall be elected for | 15 | | terms of 2 years and 4 shall be elected for terms of 4 years. | 16 | | Except as otherwise provided in Section 2A-54 of the | 17 | | Election Code, the term of each elected trustee shall commence | 18 | | on the third Monday of the month following the month of his | 19 | | election and until his successor is elected and qualified. The | 20 | | length of the terms of the trustees first elected shall be | 21 | | determined by lot at their first meeting. Except as otherwise | 22 | | provided in Section 2A-54 of the Election Code, thereafter, | 23 | | each trustee shall be elected to serve for a term of 4 years | 24 | | commencing on the third Monday of the month following the month | 25 | | of his election and until his successor is elected and | 26 | | qualified. |
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| 1 | | No party designation shall appear on the ballot for | 2 | | election of trustees. The provisions of the general election | 3 | | law shall apply to and govern the nomination and election of | 4 | | trustees.
Nominations for members of the board of trustees | 5 | | shall be made by a petition signed by at least 25 voters | 6 | | residing within the district or 5% of the voters residing | 7 | | within the district, whichever is less, and shall be filed with | 8 | | the secretary of the board. In addition to the requirements of | 9 | | general election law, the form of the petition shall be as | 10 | | follows: | 11 | | NOMINATING PETITIONS | 12 | | To the Secretary of the Board of Trustees of (name of fire | 13 | | protection district): | 14 | | We, the undersigned, being (number of signatories or 5% or | 15 | | more) of the voters residing within the district, hereby | 16 | | petition that (name of candidate) who resides at (address of | 17 | | candidate) in this district shall be a candidate for the office | 18 | | of member of the Board of Trustees (full-term or vacancy) to be | 19 | | voted for at the election to be held (date of election). | 20 | | The secretary of the board shall notify each candidate for | 21 | | whom a petition for nomination has been filed of their | 22 | | obligations under the Campaign Financing Act, as required by | 23 | | the general election law. The notice shall be given on a form | 24 | | prescribed by the State Board of Elections and in accordance | 25 | | with the requirements of the general election law. | 26 | | The secretary shall, within 7 days of filing or on the last |
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| 1 | | day for filing, whichever is earlier, acknowledge to the | 2 | | petitioner in writing his acceptance of the petition. | 3 | | The provisions of Section 4 relating to eligibility, powers | 4 | | and disabilities of trustees shall apply equally to elected | 5 | | trustees. | 6 | | Whenever a fire protection district board becomes an | 7 | | elected board under this Section, the trustees appointed under | 8 | | Section 4 shall continue to constitute the board of trustees | 9 | | until the third Monday of the month following the month of the | 10 | | first election of trustees. If the term of office of any | 11 | | appointed trustees expires before the first election of | 12 | | trustees, the authority which appointed that trustee under | 13 | | Section 4 of this Act shall appoint a successor to serve until | 14 | | a successor is elected and has qualified. The terms of all | 15 | | appointed trustees in such district shall expire on the third | 16 | | Monday of the month following the month of the first election | 17 | | of trustees under this Section or when successors have been | 18 | | elected and have qualified, whichever occurs later. | 19 | | (d) A board that has become an elected board under the | 20 | | provisions of this Section shall not revert to an appointed | 21 | | board, except under the provisions of Section 4b of this Act, | 22 | | even if in any future year the district levies $1 million or | 23 | | less in taxes. | 24 | | (e) The number of members appointed to a board that has | 25 | | become an elected board under this Section may only be changed | 26 | | under subsection (b) or (e) of Section 4.01 of this Act, or |
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| 1 | | under Section 4.02 or 4.04 of this Act. ".
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