Full Text of HB3910 98th General Assembly
HB3910ham001 98TH GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 3/27/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3910
| 2 | | AMENDMENT NO. ______. Amend House Bill 3910 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Fire Protection District Act is amended by | 5 | | changing Section 4a as follows:
| 6 | | (70 ILCS 705/4a) (from Ch. 127 1/2, par. 24.1)
| 7 | | Sec. 4a. Change to elected board of trustees; petition; | 8 | | election; ballot; nomination and election of trustees.
Any fire | 9 | | protection district organized under this Act may
determine, in | 10 | | either manner provided in the following items (1) and (2) of | 11 | | this
Section, to have an elected, rather than an appointed, | 12 | | board of trustees. Any fire protection district organized under | 13 | | this Act that lies wholly within a county or counties with | 14 | | 500,000 or more inhabitants, based on the most recent federal | 15 | | decennial census, may by referendum determine to have an | 16 | | elected, rather than an appointed, board of trustees in the |
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| 1 | | manner provided in the following item (3) of this Section.
| 2 | | (1) If the district lies wholly within a single | 3 | | township but does not
also lie wholly within a | 4 | | municipality, the township board of trustees
may | 5 | | determine, by ordinance, to have an elected board of | 6 | | trustees.
| 7 | | (2) Upon presentation to the board of trustees of a | 8 | | petition, signed
by not less than 10% of the electors of | 9 | | the district, requesting that a
proposition for the | 10 | | election of trustees be submitted to the electors of the
| 11 | | district, the secretary of the board of trustees shall | 12 | | certify the proposition
to the appropriate election | 13 | | authorities who shall submit the proposition at
a regular | 14 | | election in accordance with the general election law.
The | 15 | | general election law shall apply to and govern such | 16 | | election. The
proposition shall be in substantially the | 17 | | following form:
| 18 | | -------------------------------------------------------------
| 19 | | Shall the trustees of...... YES
| 20 | | Fire Protection District be -----------------
| 21 | | elected, rather than appointed? NO
| 22 | | -------------------------------------------------------------
| 23 | | If a majority of the votes cast on such proposition are | 24 | | in the affirmative,
the trustees of the district shall | 25 | | thereafter be elected as provided by this
Section.
| 26 | | (3) The appointed board of trustees of a fire |
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| 1 | | protection district that lies wholly within a county or | 2 | | counties with 500,000 or more inhabitants may, by ordinance | 3 | | or resolution, direct the secretary of the board of | 4 | | trustees to certify the proposition for the election of | 5 | | trustees to the appropriate election authorities. | 6 | | Alternatively, the secretary of the board of trustees shall | 7 | | certify the proposition to the appropriate election | 8 | | authorities upon presentation to the board of trustees a | 9 | | petition signed by not less than 500 electors or 10% of the | 10 | | electors, whichever is less, in the district requesting | 11 | | that a proposition for the election of trustees be | 12 | | submitted to the electors of the district. After receipt of | 13 | | certification in either case, the election authorities | 14 | | shall submit the proposition at a regular election in | 15 | | accordance with the general election law. The general | 16 | | election law shall apply to and govern such election. The | 17 | | proposition shall be in substantially the following form: | 18 | | -------------------------------------------------------------
| 19 | | Shall the trustees of..... YES
| 20 | | Fire Protection District be --------------------------
| 21 | | elected, rather than appointed? NO
| 22 | | ------------------------------------------------------------- | 23 | | If a majority of the votes cast on such proposition are in | 24 | | the affirmative, the trustees of the district shall thereafter | 25 | | be elected as provided by this Section. | 26 | | At the next regular election for trustees as provided by |
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| 1 | | the general election
law, a district that has approved by | 2 | | ordinance or referendum to have its
trustees elected rather | 3 | | than appointed shall elect 3, 5, or 7 trustees, as
previously | 4 | | determined by the organization of the district or as increased | 5 | | under
Section 4.01, 4.02, or 4.03. The initial elected trustees | 6 | | shall be elected for 2, 4,
and 6 year terms. In a district with | 7 | | 3 trustees, one trustee shall be elected
for a term of 2 years, | 8 | | one for a term of 4 years, and one for a term of 6
years. In a | 9 | | district with 5 trustees, 2 shall be elected for terms of 2
| 10 | | years, 2 for terms of 4 years, and one for a term of 6 years. In | 11 | | a district
with 7 trustees, 3 shall be elected for terms of 2 | 12 | | years, 2 for terms of 4
years, and 2 for terms of 6 years. | 13 | | Except as otherwise provided in Section
2A-54 of the Election | 14 | | Code, the term of each elected trustee shall
commence on the | 15 | | third Monday of the month following the month of his election
| 16 | | and until his successor is elected and qualified. The length of | 17 | | the terms of
the trustees first elected shall be determined by | 18 | | lot at their first meeting.
Except as otherwise provided in | 19 | | Section 2A-54 of the Election Code,
thereafter, each trustee | 20 | | shall be elected to serve for a term of 6 years
commencing on | 21 | | the third Monday of the month following the month of his | 22 | | election
and until his successor is elected and qualified.
| 23 | | No party designation shall appear on the ballot for | 24 | | election of trustees.
The provisions of the general election | 25 | | law shall apply to and govern
the nomination and election of | 26 | | trustees.
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| 1 | | Nominations for members of the board of trustees shall be | 2 | | made by a petition signed by at least 25 voters or 5% of the | 3 | | voters, whichever is less, residing within the district and | 4 | | shall be filed with the secretary of the board. In addition to | 5 | | the requirements of general election law, the form of the | 6 | | petition shall be as follows: | 7 | | NOMINATING PETITIONS
| 8 | | To the Secretary of the Board of Trustees of (name of fire | 9 | | protection district): | 10 | | We, the undersigned, being (number of signatories or 5% or | 11 | | more) of the voters residing within the district, hereby | 12 | | petition that (name of candidate) who resides at (address of | 13 | | candidate) in this district shall be a candidate for the office | 14 | | of (office) of the Board of Trustees (full-term or vacancy) to | 15 | | be voted for at the election to be held (date of election). | 16 | | The secretary of the board shall notify each candidate for | 17 | | whom a petition for nomination has been filed of their | 18 | | obligations under the Campaign Financing Act, as required by | 19 | | the general election law. The notice shall be given on a form | 20 | | prescribed by the State Board of Elections and in accordance | 21 | | with the requirements of the general election law.
| 22 | | The secretary shall, within 7 days of filing or on the
last | 23 | | day for filing, whichever is earlier, acknowledge to the | 24 | | petitioner
in writing his acceptance of the petition.
| 25 | | The provisions of Section 4 relating to eligibility, powers | 26 | | and disabilities
of trustees shall apply equally to elected |
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| 1 | | trustees.
| 2 | | Whenever a fire protection district determines to elect | 3 | | trustees as provided
in this Section, the trustees appointed | 4 | | pursuant to Section 4 shall continue
to constitute the board of | 5 | | trustees until the third Monday of the month
following the | 6 | | month of the first election of trustees.
If the term of office | 7 | | of any appointed trustees expires before the first
election of | 8 | | trustees, the authority which appointed that trustee under | 9 | | Section
4 of this Act shall appoint a successor to serve until | 10 | | a successor is
elected and has qualified. The terms of all | 11 | | appointed trustees in such
district shall expire on the third | 12 | | Monday of the month following the
month of the first election | 13 | | of trustees under this Section or when
successors have been | 14 | | elected and have qualified, whichever occurs later.
| 15 | | (Source: P.A. 95-331, eff. 8-21-07; 96-172, eff. 8-10-09.)".
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