Full Text of HB0667 096th General Assembly
HB0667enr 96TH GENERAL ASSEMBLY
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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 |
| 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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| 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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| (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; | 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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| (1) If the district lies wholly within a single | 25 |
| township but does not
also lie wholly within a |
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| municipality, the township board of trustees
may | 2 |
| determine, by ordinance, to have an elected board of | 3 |
| trustees.
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| (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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| 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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| -------------------------------------------------------------
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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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| -------------------------------------------------------------
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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| 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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| Whenever a fire protection district determines to elect |
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| 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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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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