Full Text of HB0945 98th General Assembly
HB0945eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 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 | | adding Section 4c as follows: | 6 | | (70 ILCS 705/4c new) | 7 | | Sec. 4c. Rural fire protection district; board of trustees. | 8 | | Notwithstanding any other provision of law, a rural fire | 9 | | protection district organized under this Act shall be governed | 10 | | by an elected, rather than an appointed, 5-member board of | 11 | | trustees if that rural fire protection district has its | 12 | | boundaries (1) completely within the unincorporated area of a | 13 | | county; (2) within a municipality where that municipality does | 14 | | not have available a source of fire protection on a voluntary | 15 | | or contractual basis; or (3) both within the unincorporated | 16 | | territory of a county and within a municipality where that | 17 | | municipality does not have available a source of fire | 18 | | protection on a voluntary or contractual basis. | 19 | | This Section does not apply to rural fire protection | 20 | | districts that have 3 or 5-member elected boards on and after | 21 | | the effective date of this amendatory Act of the 98th General | 22 | | Assembly. | 23 | | (a) Change from an appointed board to an elected board. |
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| 1 | | Each elected board shall consist of 5 members. The initial | 2 | | trustees elected under this Section shall be elected at the | 3 | | first consolidated election to occur after the expiration of | 4 | | the term of office of the trustee or trustees most recently | 5 | | appointed prior to the effective date of this amendatory Act of | 6 | | the 98th General Assembly. If a rural fire protection district | 7 | | is governed by an appointed board of trustees on the effective | 8 | | date of this amendatory Act of the 98th General Assembly, then | 9 | | those trustees shall continue to constitute the board of | 10 | | trustees until the third Monday of May following the first | 11 | | election of trustees. | 12 | | If a vacancy in the board of trustees occurs prior to that | 13 | | date, either by death, resignation, refusal to qualify, ceasing | 14 | | to be an inhabitant of the district, or for any other reason, | 15 | | the vacancy shall be filled by the appropriate appointing | 16 | | authority. The person appointed shall qualify for office as | 17 | | provided in this Act and shall thereupon assume the duties of | 18 | | the office for the unexpired term to which the person was | 19 | | appointed only until the first Monday of May following the next | 20 | | consolidated election, and at that election a trustee shall be | 21 | | elected to fill the vacancy for any balance of the unexpired | 22 | | term and until the elected trustee has qualified. | 23 | | (b) Change from a 7-member elected board to a 5-member | 24 | | elected board. | 25 | | In the case of an elected 7-member board, the initial | 26 | | trustees elected under this Section shall be elected at the |
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| 1 | | first consolidated election to occur after the expiration of | 2 | | the term of office of the trustee or trustees most recently | 3 | | elected prior to the effective date of this amendatory Act of | 4 | | the 98th General Assembly. Trustees elected prior to the | 5 | | effective date of this amendatory Act of the 98th General | 6 | | Assembly whose terms have expired shall continue to constitute | 7 | | the board of trustees until the third Monday of May following | 8 | | the first election of trustees. | 9 | | If a vacancy in the board of trustees occurs prior to that | 10 | | date, either by death, resignation, refusal to qualify, ceasing | 11 | | to be an inhabitant of the district, or for any other reason, | 12 | | the vacancy shall be filled by the board within 60 days after | 13 | | the vacancy occurs. The person appointed shall qualify for | 14 | | office as provided in this Act and shall thereupon assume the | 15 | | duties of the office for the unexpired term to which the person | 16 | | was appointed only until the first Monday of May following the | 17 | | next regular election, and at that election a trustee shall be | 18 | | elected to fill the vacancy for any balance of the unexpired | 19 | | term and until the elected trustee has qualified. | 20 | | (c) Election; terms; petitions. | 21 | | Except as otherwise provided in Section 2A of the Election | 22 | | Code, the term of each elected trustee shall commence on the | 23 | | third Monday of May following the election and until his | 24 | | successor is elected and qualified. Of the initial trustees | 25 | | elected under this Section, 3 shall be elected for terms of 2 | 26 | | years and 2 shall be elected for terms of 4 years. All |
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| 1 | | subsequent trustees shall be elected for 4 year terms. | 2 | | No party designation shall appear on the ballot for | 3 | | election of trustees. The provisions of the general election | 4 | | law shall apply to and govern the nomination and election of | 5 | | trustees. | 6 | | Nominations for members of the board of trustees shall be | 7 | | made by a petition signed by at least 25 voters or 5% of the | 8 | | voters, whichever is less, residing within the district and | 9 | | shall be filed with the secretary of the board. In addition to | 10 | | the requirements of general election law, the form of the | 11 | | petition shall be as follows: | 12 | | NOMINATING PETITIONS | 13 | | To the Secretary of the Board of Trustees of (name of fire | 14 | | protection district): | 15 | | We, the undersigned, being (number of signatories or 5% or | 16 | | more) of the voters residing within the district, hereby | 17 | | petition that (name of candidate) who resides at (address of | 18 | | candidate) in this district shall be a candidate for the office | 19 | | of (office) of the Board of Trustees (full-term or vacancy) to | 20 | | be voted for at the election to be held (date of election). | 21 | | The secretary of the board shall notify each candidate for | 22 | | whom a petition for nomination has been filed of their | 23 | | obligations under the Campaign Financing Act, as required by | 24 | | the general election law. The notice shall be given on a form | 25 | | prescribed by the State Board of Elections and in accordance | 26 | | with the requirements of the general election law. |
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| 1 | | The secretary shall, within 7 days of filing or on the
last | 2 | | day for filing, whichever is earlier, acknowledge to the | 3 | | petitioner
in writing his acceptance of the petition. | 4 | | The provisions of Section 4 relating to eligibility, powers | 5 | | and disabilities
of trustees shall apply equally to elected | 6 | | trustees. | 7 | | Whenever a fire protection district determines to elect | 8 | | trustees as provided
in this Section, the trustees appointed | 9 | | pursuant to Section 4 shall continue
to constitute the board of | 10 | | trustees until the third Monday of May
following the first | 11 | | election of trustees.
If the term of office of any appointed | 12 | | trustees expires before the first
election of trustees, the | 13 | | authority which appointed that trustee under Section
4 of this | 14 | | Act shall appoint a successor to serve until a successor is
| 15 | | elected and has qualified. The terms of all appointed trustees | 16 | | in such
district shall expire on the third Monday of May | 17 | | following the first election of trustees under this Section or | 18 | | when
successors have been elected and have qualified, whichever | 19 | | occurs later. | 20 | | (d) This Section applies only to counties that: (i) have a | 21 | | population between 500,000 and 1,000,000, based on the most | 22 | | recent federal decennial census; and (ii) border a county with | 23 | | a population of 1,000,000 or more, based on the most recent | 24 | | federal decennial census. | 25 | | (e) This Section applies only to fire protection districts | 26 | | with a population of 30,000 or more, based on the most recent |
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| 1 | | federal decennial census.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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