State of Illinois
90th General Assembly

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[ Introduced ][ House Amendment 001 ]


      70 ILCS 705/4.02          from Ch. 127 1/2, par. 24.02
          Amends the Fire Protection District Act.  Provides that a
      7-member board of trustees may be reduced to 3 or  5  members
      upon  approval  at  a  referendum  petitioned  by the voters.
      Provides transition procedures if the referendum is  adopted.
      Effective immediately.
HB0688 Engrossed                               LRB9003620PTcw
 1        AN  ACT  to  amend  the  Fire  Protection District Act by
 2    changing Section 4.02.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The Fire Protection District Act is amended
 6    by changing Section 4.02 as follows:
 7        (70 ILCS 705/4.02) (from Ch. 127 1/2, par. 24.02)
 8        Sec. 4.02.  Seven-member boards.
 9        (a)  In a district governed by an  elected  or  appointed
10    5-member  board,  upon  presentation of a petition, signed by
11    not less than 5% of the electors of the district governed  by
12    the  board,  requesting  that  a  proposition to increase the
13    board of trustees to a 7-member board  be  submitted  to  the
14    electors  of  the  district,  the  secretary  of the board of
15    trustees shall certify the  proposition  to  the  appropriate
16    election  authorities  who  shall submit the proposition at a
17    regular election in accordance with the general election law.
18    The general election law shall apply to and govern  the  such
19    election.   The  proposition  shall  be  in substantially the
20    following form:
21    -------------------------------------------------------------
22        Shall the number of trustees           YES
23      of ..... Fire Protection District  ------------------------
24      be increased from 5 to 7?                NO
25    -------------------------------------------------------------
26        If a majority of the votes cast on the  such  proposition
27    are in the affirmative, the board of trustees of the district
28    shall  thereafter  be increased to a 7-member board and the 2
29    additional trustees shall be appointed as provided by Section
30    4.01  in  a  district  governed  by  an  appointed  board  of
31    trustees.
HB0688 Engrossed            -2-                LRB9003620PTcw
 1        In a district governed by an elected 5-member board, if a
 2    majority of the votes cast on the such proposition are in the
 3    affirmative, 3 three trustees shall be elected  at  the  next
 4    nonpartisan election and shall serve one for 2 years, one for
 5    4  years, and one for 6 years, the length of the term of each
 6    to be determined by lot at the first board meeting  following
 7    the  election.  Thereafter, one trustee or 2 two trustees, as
 8    necessary to maintain a 7-member board of trustees, shall  be
 9    elected  at the election provided by the general election law
10    for a term of 6 years.
11        Trustees  in  office  on  the  effective  date  of   this
12    amendatory  Act of 1987 shall continue to hold office for the
13    remainder of their terms.  The term of each  elected  trustee
14    shall commence on the first Monday in the month following the
15    his  election  and  each shall hold office until the his term
16    expires and until a successor is elected and qualified.
17        (b)  In a fire protection district that has established a
18    7-member board of trustees under subsection (a),  a  petition
19    may  be  filed  requesting that a proposition be submitted to
20    the district electors to reduce the board of  trustees  to  a
21    3-member  or  5-member  board.   Upon the presentation of the
22    petition  signed  by  not  less  than  10%  of  the  district
23    electors, the  secretary  of  the  board  of  trustees  shall
24    certify   the   proposition   to   the  appropriate  election
25    authority.   The  election   authority   shall   submit   the
26    proposition  at  a regular election according to the Election
27    Code, and the Election Code shall govern the referendum.
28        The question shall  be  submitted  in  substantially  the
29    following form:
30        Shall  the  number  of trustees of the (insert name) Fire
31        Protection District be reduced from 7 to (insert  "3"  or
32        "5")?
33    The votes shall be recorded as "Yes" or "No".
34        If a majority of the electors voting on the question vote
HB0688 Engrossed            -3-                LRB9003620PTcw
 1    in  the  affirmative,  then  the district's board of trustees
 2    shall be reduced to the number determined by the referendum.
 3             (1)  If the district board  has  appointed  members,
 4        then  the  appropriate appointing authority shall appoint
 5        the members to the reduced board within 60 days after the
 6        adoption of the referendum. The terms of the  7  trustees
 7        previously  appointed  to  the board shall terminate when
 8        the reduced board of  trustees  has  been  appointed  and
 9        qualified. If the district voted to reduce the board to 3
10        members,   then  the  appointments  and  terms  shall  be
11        governed by Section 4. If the district  voted  to  reduce
12        the  board  to 5 members, then the appropriate appointing
13        authority shall appoint 5 trustees who  are  electors  in
14        the district, not more than one of whom shall be from any
15        one  municipality  unless  the municipality has more than
16        50% of the population in the district  according  to  the
17        last  preceding federal census.  Beginning from the first
18        Monday of May next  after  their  appointment  and  until
19        their  successors  have  been  appointed and qualified, 2
20        trustees shall have 3-year terms, 2 trustees  shall  have
21        2-year terms, and one trustee shall have a one-year term.
22        The  trustees  shall determine the lengths of their terms
23        by lot at the first meeting of  the  board.   Thereafter,
24        before  the  second  Monday  in  April  of each year, the
25        appropriate  appointing  authority  shall   appoint   one
26        trustee or 2 trustees as shall be necessary to maintain a
27        5-member board of trustees to 3-year terms commencing the
28        first  Monday  in  May  of  the  year  in  which they are
29        appointed.
30             (2)  If the district board has elected members, then
31        the district shall elect and provide for the terms of the
32        determined number of trustees according  to  Section  4a.
33        After  the election of the reduced board of trustees, any
34        previously elected trustees whose terms  of  office  have
HB0688 Engrossed            -4-                LRB9003620PTcw
 1        not  expired  shall remain on the district board and have
 2        the same powers and duties as other trustees,  but  their
 3        offices  shall  be abolished upon the expiration of their
 4        terms.
 5    (Source: P.A. 85-535.)
 6        Section 99.  Effective date.  This Act takes effect  upon
 7    becoming law.

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