Full Text of HB4958 93rd General Assembly
HB4958eng 93RD GENERAL ASSEMBLY
|
|
|
HB4958 Engrossed |
|
LRB093 18665 MKM 44392 b |
|
| 1 |
| AN ACT concerning fire protection.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 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.
| 13 |
| (1) If the district lies wholly within a single | 14 |
| township but does not
also lie wholly within a | 15 |
| municipality, the township board of trustees
may | 16 |
| determine, by ordinance, to have an elected board of | 17 |
| trustees.
| 18 |
| (2) Upon presentation to the board of trustees of a | 19 |
| petition, signed
by not less than 10% of the electors of | 20 |
| the district, requesting that a
proposition for the | 21 |
| election of trustees be submitted to the electors of the
| 22 |
| district, the secretary of the board of trustees shall | 23 |
| certify the proposition
to the appropriate election | 24 |
| authorities who shall submit the proposition at
a regular | 25 |
| election in accordance with the general election law.
The | 26 |
| general election law shall apply to and govern such | 27 |
| election. The
proposition shall be in substantially the | 28 |
| following form:
| 29 |
| -------------------------------------------------------------
| 30 |
| Shall the trustees of...... YES
| 31 |
| Fire Protection District be -------------------------
| 32 |
| elected, rather than appointed? NO
|
|
|
|
HB4958 Engrossed |
- 2 - |
LRB093 18665 MKM 44392 b |
|
| 1 |
| -------------------------------------------------------------
| 2 |
| If a majority of the votes cast on such proposition are | 3 |
| in the affirmative,
the trustees of the district shall | 4 |
| thereafter be elected as provided by this
Section.
| 5 |
| At the next regular election for trustees as provided by | 6 |
| the general election
law, a district that has approved by | 7 |
| ordinance or referendum to have its
trustees elected rather | 8 |
| than appointed shall elect 3, 5, or 7 trustees, as
previously | 9 |
| determined by the organization of the district or as increased | 10 |
| under
Section 4.01 or 4.02. The initial elected trustees shall | 11 |
| be elected for 2, 4,
and 6 year terms. In a district with 3 | 12 |
| trustees, one trustee shall be elected
for a term of 2 years, | 13 |
| one for a term of 4 years, and one for a term of 6
years. In a | 14 |
| district with 5 trustees, 2 shall be elected for terms of 2
| 15 |
| years, 2 for terms of 4 years, and one for a term of 6 years. In | 16 |
| a district
with 7 trustees, 3 shall be elected for terms of 2 | 17 |
| years, 2 for terms of 4
years, and 2 for terms of 6 years. | 18 |
| Except as otherwise provided in Section
2A-54 of the Election | 19 |
| Code, the term of each elected trustee shall
commence on the | 20 |
| first Monday of the month following the month of his election
| 21 |
| and until his successor is elected and qualified. The length of | 22 |
| the terms of
the trustees first elected shall be determined by | 23 |
| lot at their first meeting.
Except as otherwise provided in | 24 |
| Section 2A-54 of the Election Code,
thereafter, each trustee | 25 |
| shall be elected to serve for a term of 6 years
commencing on | 26 |
| the first Monday of the month following the month of his | 27 |
| election
and until his successor is elected and qualified.
| 28 |
| No party designation shall appear on the ballot for | 29 |
| election of trustees.
The provisions of the general election | 30 |
| law shall apply to and govern
the nomination and election of | 31 |
| trustees.
| 32 |
| Nominations for members of the board of trustees shall be | 33 |
| made by a petition signed by at least 25 voters or 5% of the | 34 |
| voters, whichever is less, residing within the district and | 35 |
| shall be filed with the secretary of the board. In addition to | 36 |
| the requirements of general election law, the form of the |
|
|
|
HB4958 Engrossed |
- 3 - |
LRB093 18665 MKM 44392 b |
|
| 1 |
| petition shall be as follows: | 2 |
| NOMINATING PETITIONS
| 3 |
| To the Secretary of the Board of Trustees of (name of fire | 4 |
| protection district): | 5 |
| We, the undersigned, being (number of signatories or 10% or | 6 |
| more) of the voters residing within the district, hereby | 7 |
| petition that (name of candidate) who resides at (address of | 8 |
| candidate) in this district shall be a candidate for the office | 9 |
| of (office) of the Board of Trustees (full-term or vacancy) to | 10 |
| be voted for at the election to be held (date of election). | 11 |
| The secretary of the board shall notify each candidate for | 12 |
| whom a petition for nomination has been filed of their | 13 |
| obligations under the Campaign Financing Act, as required by | 14 |
| the general election law. The notice shall be given on a form | 15 |
| prescribed by the State Board of Elections and in accordance | 16 |
| with the requirements of the general election law.
| 17 |
| The secretary shall, within 7 days of filing or on the
last | 18 |
| day for filing, whichever is earlier, acknowledge to the | 19 |
| petitioner
in writing his acceptance of the petition.
| 20 |
| The provisions of Section 4 relating to eligibility, powers | 21 |
| and disabilities
of trustees shall apply equally to elected | 22 |
| trustees.
| 23 |
| Whenever a fire protection district determines to elect | 24 |
| trustees as provided
in this Section, the trustees appointed | 25 |
| pursuant to Section 4 shall continue
to constitute the board of | 26 |
| trustees until the first Monday of the month
following the | 27 |
| month of the first election of trustees.
If the term of office | 28 |
| of any appointed trustees expires before the first
election of | 29 |
| trustees, the authority which appointed that trustee under | 30 |
| Section
4 of this Act shall appoint a successor to serve until | 31 |
| a successor is
elected and has qualified. The terms of all | 32 |
| appointed trustees in such
district shall expire on the first | 33 |
| Monday of the month following the
month of the first election | 34 |
| of trustees under this Section or when
successors have been | 35 |
| elected and have qualified, whichever occurs later.
| 36 |
| (Source: P.A. 90-358, eff. 1-1-98 .)
|
|